Workers Rehabilitation and Compensation Advisory Council

17 April 2024
Council Communiques

Section 61B(3) of the Return to Work Act 1986 – Notice of change of entitlement to
compensation

Section 61B(3) of the Return to Work Act 1986 (the Act) provides how a notice of change of entitlement to compensation must be given to the worker regarding a statutory event.

61B Notice of change of entitlement to compensation

  • This section applies when a statutory event is about to occur in relation to compensation
    payable to a worker.
  • The employer of the worker must give the worker notice of the following:
    • the date on which the statutory event is scheduled to occur;
    • an explanation of the effect of the statutory event on the compensation payable to the
      worker;
    • unless the statutory event is one mentioned in paragraph (a) of the definition statutory
      event       in subsection (5) – a statement of the effect of section 61A.
  • The notice must be in writing and given to the worker by:
    • delivering it personally to the worker; or
    • placing it in a properly addressed envelope and leaving it with a person who has
      apparently attained the age of 16 years at the worker's address as shown in the claim
      form given to or served on the employer under section 82; or
    • sending it in a properly addressed envelope by pre-paid post to the worker at the worker's address as mentioned in paragraph (b), in which case the notice is considered to have
      been given when the envelope is posted.
  • Despite any other provision of this Act, the change to the compensation payable to the worker
    that results from the occurrence of the statutory event takes effect on the later of the following
    days:
    • the day that is 14 days after the employer gives the notice to the worker;
    • the day on which the statutory event occurs.
  • In this section:
    statutory event, in relation to compensation payable to a worker for an injury, means one of
    the following:
  • the end of the last of the weeks during which compensation is to be paid to the worker
    under section 64;
  • the end of the last week in the period of 260 weeks in the aggregate mentioned in
    section 65(1BA);
  • the attainment of the worker's normal retiring age or future pension age, as relevant, as
    mentioned in section 65(1D);
  • the end of the 104 weeks mentioned in section 65(1D)(c).

The Council discussed the benefits, if any, of accommodating technological advances to facilitate
electronic transactions in how a Notice of a statutory event can be delivered.

The following discussion points would require further investigation prior to any decision being made to amend the legislation to facilitate electronic transactions.

Discussion points

  • Definition of Electronic Service
  • Consent required
  • Changing of Electronic address
  • Integrity of Electronic service of Notice
  • Recognised timeframe of completion of service or Notice
  • Time for recipient to respond to Notice
  • Record keeping requirements

This item will be carried over to the next meeting for further discussion, with further investigation being conducted and presented around the above discussion points.

Vocational Rehabilitation Providers

Osteopaths with general registration are recognized as a relevant profession and eligibility for
delivering Vocational Rehabilitation services in the Northern Territory.

Expansion of prescribed diseases for firefighters

Members of the Council were asked to provide feedback on the benefits of including six additional
identified diseases and qualifying periods into the table provided in regulation 5B of the Regulations
and any potential impact this may have on the NT Workers’ Compensation Scheme (the Scheme).
The six additional presumptive cancers and qualifying period are:

DiseasesQualifying period
Primary site cervical cancer10 years
Primary site ovarian cancer10 years
Primary site penile cancer15 years
Primary site uterine cancer10 years
Primary site pancreatic cancer10 years
Primary site thyroid cancer10 years

Council members did not identify any potential impact to the Scheme and unanimously agreed
to support the inclusion of the six additional diseases identified as presumptive diseases for
firefighters with the qualifying periods recommended and a letter has been sent to the Minister
from the Chair.

ICT System at end of life

As agreed to by the members, meeting number 02/2023, this will remain a standing agenda item.

NT WorkSafe are currently liaising with Department of Corporate and Digital Development (DCDD) to progress this matter.

Next meeting

The next meeting is proposed for 9 May 2024 at 2pm.

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