Unlike in other Australian jurisdictions, the WorkCover Tasmania Board does not prescribe fees for medical and associated expenses, and instead relies on the provisions of the Workers Rehabilitation and Compensation Act 1988:
- Section 75(1)(a) of the Act requires employers to pay the reasonable expenses necessarily incurred by workers as a result of their injuries for medical services, hospital services, nursing services, constant attendance services, rehabilitation services, household services, road accident rescue services and ambulance services.
- Section 75(2A) of the Act states that a person who provides services to a workers compensation claimant must not charge a fee in excess of the fee they would normally charge (taking into account any discount that would normally be applicable) for that service if it were for a non-workers compensation related matter. A fine not exceeding 100 penalty units may be applied for breaches of this section.
To be clear: this means that a medical practitioner must not charge a higher fee for a service just because the client is on workers compensation.
Medical practices should ensure fee structure meets the requirements of the Act. The Board also recognises the AMA schedule of fees as a guide to setting fees.