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LAWS OF NEW ZEALAND
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Accident Rehabilitation and Compensation Insurance Act 1992
013
Commenced: 1 Jul 1992; 1 Apr 1992, ss. 32, 100, 108, 109, 113-119, 122, 128, 129, 130, 131, 132, 134, 163, 167, 178, Third Schedule
ANALYSIS
Analysis
Title
1 Short Title and commencement
I: Preliminary
2 Act to bind Crown
3 Interpretation
4 Definition of ``personal injury''
5 Definition of ``medical misadventure''
6 Definition of ``work injury''
7 Personal injury caused by gradual process, disease, or infection arising out of and in the course of employment
II: Cover and Relationship with Other Rights
Cover
8 Cover for personal injury occurring in New Zealand
9 Cover for personal injury occurring outside New Zealand
10 General exclusions from cover
11 Cover in respect of personal injury caused by gradual process, disease, or infection where exposure occurred before 1 April 1974
12 Cover for persons not ordinarily resident in New Zealand
13 Persons travelling between places in New Zealand
Relationship with Other Rights
14 Application of Act excludes other rights
15 Powers of Corporation where claimant has other remedies
16 No contracting out
17 Proceedings for damages for personal injury caused by gradual process, disease, or infection where exposure occurred before 1 April 1974
III: Rehabilitation, Treatment, and Prevention of Personal Injury
Rehabilitation
18 Right to rehabilitation
19 Provision of rehabilitation
20 Individual rehabilitation programme
21 Cost of rehabilitation assessments
Vocational Rehabilitation
22 Right to vocational rehabilitation
23 Limitations on provision of, or payment for, vocational rehabilitation by Corporation
24 Resumption of vocational rehabilitation
25 Transfer from compensation for loss of earnings or loss of potential earning capacity to vocational rehabilitation allowance
Social Rehabilitation
26 Social rehabilitation
Treatment and Physical Rehabilitation
27 Treatment and physical rehabilitation
28 Corporation may advance additional private hospital costs of treatment and recover amounts paid
29 Conveyance for immediate treatment for work injury
General
30 Application of certain provisions to exempt employers
31 Further provision of rehabilitation, treatment, service, or transport
32 Corporation payment to Crown Bank Account for public health care costs
33 Powers of Corporation in relation to rehabilitation
Prevention of Personal Injury
34 Promotion of safety
35 Risk management services
36 Funding of occupational safety and health programmes
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IV: Compensation
37 Test of incapacity
38 Compensation for loss of earnings payable to employees in respect of first week of incapacity
39 Compensation for loss of earnings payable to earners for incapacity generally
40 Calculation of weekly earnings where earner had earnings solely as an employee during the 12 months before commencement of incapacity
41 Calculation of weekly earnings where earnings are solely earnings other than earnings as an employee during the 12 months before commencement of incapacity
42 Calculation of weekly earnings where earner had both earnings as an employee and other earnings during the 12 months before commencement of incapacity
43 Increase in weekly earnings for earners in full-time employment in certain circumstances
44 Extension of entitlement to compensation for loss of earnings
45 Purchase of weekly compensation by non-earners
46 Compensation for loss of potential earning capacity payable to person in respect of incapacity resulting from personal injury suffered before attaining 18 years of age or while studying
47 Abatement of compensation for loss of earnings or loss of potential earning capacity
48 Maximum compensation for loss of earnings
49 Cessation of compensation for loss of earnings or loss of potential earning capacity
50 Minimum period of further compensation
51 Assessment of degree of incapacity
52 Age limits
53 Right to elect to receive compensation for loss of earnings or loss of potential earning capacity rather than national superannuation
Independence Allowance
54 Independence allowance
Death Benefits
55 Funeral grant
56 Survivor's grant
57 Child not born at death of deceased
58 Weekly compensation to surviving spouse
59 Weekly compensation payable to children
60 Weekly compensation payable to other dependants
61 Maximum payments
62 Spouse status or dependency arising after date of personal injury
V: Claims for Payments
63 Claims
64 Responsibilities of claimant
65 Acceptance of work injury claims
66 Claims not actioned may be treated as rejected
67 Notice of decisions
68 Application of sections 63, 64, 66, and 67 to exempt employers
Miscellaneous Provisions
69 Effect on cover of acceptance of premium
70 Indexation of compensation based on weekly earnings and related amounts
71 Indexation of independence allowance and grants
72 Payment of interest where Corporation or exempt employer makes late payment of compensation based on weekly earnings
73 Suspension, cancellation, or refusal of compensation and rehabilitation
74 Advances of compensation and grants
75 Adjustment of payments for part periods
76 Taxation of compensation
77 Recovery of overpayments and unpaid premiums by Corporation
78 Payments to and from Department of Social Welfare
79 Effect of decisions of Corporation
80 Certain payments in respect of children payable to parent or financially responsible person
81 Wilfully self-inflicted personal injuries and suicide
82 Disqualification through conviction for murder
83 No compensation, grant, or allowance to imprisoned person
84 Denial of compensation where criminal act involved
85 Payment of amount on death of recipient
86 Compensation, grant, or allowance inalienable
87 Compensation payable to claimant only
88 Payments to persons outside New Zealand
VI: Reviews and Appeals
89 Application for review
90 Reviews
91 Right of appeal
92 Hearing and determination of appeal
93 District Court medical assessors in certain cases
94 Appointment of assessors
95 Proceedings may be closed to public
96 Power to forbid report of proceedings
97 Appeal to High Court
98 Appeal against decision of High Court on question of law
99 Costs of District Court appeals
VII: Finance
Employers' Account
100 Source and application of funds
101 Premiums payable by employers
102 Premiums payable by earners who have earnings other than as an employee
103 Classification of industries
104 Experience rating
105 Exempt employers
106 Special provisions for exempt employers
107 Acceptance of claims by exempt employer
Motor Vehicle Account
108 Source and application of funds
109 Appropriation of part of excise duty on motor spirits to Motor Vehicle Account
110 Premiums on motor vehicles
111 Experience rating of motor vehicle owners
112 Penalty where motor vehicle premium not paid
Earners' Account
113 Source and application of funds
114 Earner premiums
115 Deduction on account of earner premiums
116 Experience rating of earner premium
Agents and Penalties
117 Agent to whom premiums are to be paid
118 Penalties for late payment of premiums
119 Penal premium
Non-Earners' Account
120 Source and application of funds
Subsequent Work Injury Account
121 Source and application of funds
Medical Misadventure Account
122 Source and application of funds
123 Medical misadventure premium
124 Experience rating of medical misadventure premiums
General Provisions Relating to Premiums
125 Appropriation of premiums payable by Crown
126 Apportionment of administration costs
127 Investments
128 Premium levels
129 Examination of accounts and books of an employer or earner who has earnings other than as an employee
130 Deduction of premium from payment due to defaulters
131 Power to assess premiums
132 Power of Corporation in respect of small amounts of premium
133 Transfers of claim costs between certain accounts
134 Status of levies paid under former Acts
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VIII: Transitional Provisions
135 Relationship of this Act and former Acts
136 Rehabilitation after 1 July 1992
137 First week
138 Weekly compensation
139 Cessation of compensation
140 Abatement of compensation in other cases
141 Special provision for certain payments made under former Acts
142 Cessation of earnings related compensation on account of age
143 Compensation payable to persons outside New Zealand
144 Conveyance for medical attention
145 Compensation payable to surviving spouses and dependants
146 Cessation of earnings related compensation to surviving spouse on account of age
147 Compensation for non-economic loss
148 Persons who have received lump sums under former Acts
149 Compensation for pecuniary loss not related to earnings
150 Funeral expenses
151 Lump sum payments to surviving dependent spouses, children, and certain other dependants
152 Review and appeal proceedings for decisions under former Acts
153 Allocation of existing money
154 Levies under Accident Compensation Act 1982
IX: Accident Rehabilitation and Compensation Insurance Corporation
155 Accident Rehabilitation and Compensation Insurance Corporation
156 Functions, duties, and powers of Corporation
157 Board of Corporation
158 Employment deemed to be continuous
159 Corporation to comply with Government policy
160 Protection of name ``Accident Rehabilitation and Compensation Insurance Corporation'' and ``Accident Compensation Corporation''
161 References to Corporation
X: Miscellaneous Provisions
162 Delivery of notices
163 Production of documents
164 Disclosure of information to Corporation
165 Disclosure of information by Corporation
166 Offences
167 Regulations
168 Amendment to Oaths and Declarations Act 1957
169 Amendment to Insolvency Act 1967
170 Amendment to Ombudsmen Act 1975
171 Amendment to Films Act 1983
172 Amendments to Social Security Act 1964
173 Amendment to Social Welfare (Transitional Provisions) Act 1990
174 Amendment to Privacy Commissioner Act 1991
175 Amendment to Criminal Justice Act 1985
176 Amendment to Forest and Rural Fires Act 1977
177 Amendment to Transport (Vehicle and Driver Registration and Licensing) Act 1986
178 Amendments to Taxation Acts
179 Repeals, revocations, and savings
Schedule(s)
1 FIRST SCHEDULE:
2 SECOND SCHEDULE: Provisions Relating to Corporation
3 THIRD SCHEDULE: Amendments to Taxation Acts
4 THIRD SCHEDULE: Amendments to Taxation Acts
5 THIRD SCHEDULE: Amendments to Taxation Acts
6 THIRD SCHEDULE: Amendments to Taxation Acts
7 THIRD SCHEDULE: Amendments to Taxation Acts
8 THIRD SCHEDULE: Amendments to Taxation Acts
9 THIRD SCHEDULE: Amendments to Taxation Acts
10 THIRD SCHEDULE: Amendments to Taxation Acts
11 THIRD SCHEDULE: Amendments to Taxation Acts
12 THIRD SCHEDULE: Amendments to Taxation Acts
13 THIRD SCHEDULE: Amendments to Taxation Acts
14 THIRD SCHEDULE: Amendments to Taxation Acts
15 THIRD SCHEDULE: Amendments to Taxation Acts
16 THIRD SCHEDULE: Amendments to Taxation Acts
17 THIRD SCHEDULE: Amendments to Taxation Acts
18 FOURTH SCHEDULE: Enactments Repealed
19 FIFTH SCHEDULE: Rules, Orders, and Regulations Revoked
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