1 Name of Regulation
This Regulation is the Workers’ Compensation (Dust Diseases) Regulation 2013.
2 Commencement
This Regulation commences on 1 September 2013 and is required to be published on the NSW legislation website.Note—This Regulation replaces the Workers’ Compensation (Dust Diseases) Regulation 2008 which is repealed on 1 September 2013 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definitions
(1) In this Regulation:compensation means compensation under section 8 of the Act.the Act means the Workers’ Compensation (Dust Diseases) Act 1942.(2) Notes included in this Regulation do not form part of this Regulation.
4 Applications for compensation
(1) An application for compensation is to be made to the board in a form approved by the board.(2) The board may require an applicant for compensation for total or partial disablement to furnish to the board full and correct information concerning:(a) the applicant’s present and previous employment and engagements, whether as a worker or otherwise, in and outside New South Wales, and(b) the applicant’s dependants and the extent of their dependency.(3) The board may require an applicant for compensation who was a dependant of a deceased worker to furnish to the board full and correct information concerning the extent of that dependency.(4) An applicant for compensation must not, in support of the application, make or sign a statement that the applicant knows to be false or misleading in a material particular.Maximum penalty: 1 penalty unit.
5 Employers to supply certain information
(1) This clause applies to a person:(a) who employs or has employed an applicant for compensation, or(b) who employs or has employed a person receiving compensation under an award of compensation, or(c) who employs or has employed a person who has been claimed by an applicant for compensation to be dependent on that applicant or on a person receiving compensation, or(d) who has employed a person in respect of whose death an application has been made for an award of compensation.(2) The board may, by notice in writing served on a person to whom this clause applies, require the person to furnish to the board, within such time as is specified in the notice, such information in relation to the employment and remuneration of the applicant or person as is so specified.(3) A person on whom such a notice is served must not fail to comply with the requirements of the notice.Maximum penalty: 1 penalty unit.
5A Delegation to authorised persons
The appointed directors of the ICNSW Board (within the meaning of the State Insurance and Care Governance Act 2015) are authorised as a class of persons for the purposes of section 5AB of the Act.cl 5A: Ins 2015 (676), cl 3.
6 Savings provision
Any act, matter or thing that, immediately before the repeal of the Workers’ Compensation (Dust Diseases) Regulation 2008, had effect under that Regulation continues to have effect under this Regulation.