Commencement date: 1 March 2021 Show
The State Insurance Regulatory Authority (SIRA) is the government organisation responsible for regulating and administering workers compensation, motor accidents compulsory third party (CTP) insurance and home building compensation insurance in New South Wales (NSW). ContextUnder section 23 of the State Insurance and Care Governance Act 2015, a principal objective of SIRA in exercising its functions is to provide for the effective supervision of claims handling and disputes arising under NSW workers compensation legislation. The Workers Compensation Guidelines (Guidelines) are supported by Standards of practice (Standards) which outline claims administration and conduct expectations for insurers. SIRA’s objective in developing the Guidelines and Standards is to improve outcomes in the workers compensation system by ensuring that clear, consistent, easy to access expectations are set for all insurers, to guide insurer conduct and claims management. It is important that injured workers are protected and that they receive appropriate, timely, respectful services and support. Similarly, it is important that employers are actively engaged in the claims process to support workers with their recovery and return to work. SIRA uses the Guidelines and the Standards to hold insurers accountable for delivering high standards of service to workers and their families, carers, employers and other stakeholders. Legislative frameworkThe Workers Compensation Act 1987 (1987 Act), the Workplace Injury Management and Workers Compensation Act 1998 (1998 Act) and the regulations made under those Acts establish a workplace injury management and workers compensation system in New South Wales. The system objectives as described in section 3 of the 1998 Act are:
The Personal Injury Commission Act 2020 (PIC Act) establishes the Personal Injury Commission of New South Wales on 1 March 2021. The Personal Injury Commission is a single, independent tribunal and will replace the Workers Compensation Commission and SIRAs Dispute Resolution Services that currently manage disputes involving injured workers and road users on and from 1 March 2021. The PIC Act also establishes the Independent Review Officer (IRO). On and from 1 March 2021, the IRO replaces the Workers Compensation Independent Review Officer (WIRO) and also assumes functions in the motor accident scheme. The functions of the IRO are set out in Schedule 5 to the PIC Act. PurposeThe Workers Compensation Guidelines (Guidelines) support delivery of the objectives of the Acts and Regulation by informing and guiding insurers, workers, employers, injury management consultants, independent medical examiners and other stakeholders in the process of claiming workers compensation in NSW. Guideline-making powersThese Guidelines are made under section 376(1)(c) of the 1998 Act, which empowers SIRA to issue guidelines in accordance with specific guideline-making powers throughout the Workers Compensation Acts. Each Part of these Guidelines identifies the section or sections of the Acts that authorise or require Guidelines to be issued by SIRA. SIRA requires stakeholders to comply with the parts of the Guidelines that apply to them. InterpretationThese Guidelines are to be read in conjunction with relevant provisions of the Acts and the Regulation and in a manner that supports the system objectives as described in section 3 of the 1998 Act. CommencementThese Guidelines will take effect and apply to all claims from 1 March 2021 (irrespective of when the claim is made). Part 10 of these Guidelines, pre-injury average weekly earnings, applies only to workers injured on or after 21 October 2019. The Guidelines will apply until SIRA amends, revokes or replaces them in whole or in part. These Guidelines replace the Workers Compensation Guidelines dated 17 April 2020. The Guidelines apply to insurers, workers, employers and other stakeholders as defined in the 1987 Act and the 1998 Act. The Guidelines do not apply to: Exempt categories of workersChanges made by the Workers Compensation Legislation Amendment Act 2012 do not apply to police officers, paramedics or firefighters. These workers were exempt from changes because of clause 25 of Part 19H of Schedule 6 to the 1987 Act. They are known as ‘exempt categories of workers’.
Most requirements in these Guidelines apply to exempt categories of workers. Requirements that do not apply are clearly marked.
The Guidelines contain the following parts:
Words defined in the NSW workers compensation legislation have the same meaning in these Guidelines.
Section 266 of the 1998 Act provides that initial notification to an insurer of an injury to a worker means the first notification of the injury that is given to the insurer, in the manner and form required by the Workers Compensation Guidelines, by the worker or the employer or by some other person (for example, a medical practitioner) acting for or on behalf of the worker or the employer. Notifications can be written (including online or by email) or verbal (including by phone).
If the insurer receives an incomplete initial notification of injury, it must inform the notifier (and the worker, where possible) within three business days and specify what additional information is needed. Part 2: Provisional liability2.1 Delaying provisional weekly payments
Once the insurer has received an initial notification of injury it must:
Section 267(2) of the 1998 Act allows the Guidelines to define what a ‘reasonable excuse’ may be.
The insurer has a reasonable excuse for not starting provisional weekly payments if any of the following apply:
A reasonable excuse may apply to provisional weekly payments but not to provisional medical payments. Where applicable, prior to deciding not to commence provisional weekly payments on the basis of a reasonable excuse, the insurer is to attempt to resolve the reasonable excuse. 2.2 Provisional liability for medical expensesSection 280 of the 1998 Act allows the Guidelines to specify the amount up to which an insurer can provisionally accept liability for medical expenses relating to a work-related injury. An insurer can accept liability for medical expenses on a provisional basis and pay up to $10,000 before being required to make a formal determination of liability.
In making a claim, workers are asserting a right to receive workers compensation benefits because they believe they meet the necessary legal requirements. Section 260(2) of the 1998 Act allows the Guidelines to make provision for or with respect to certain matters in connection with the making of a claim, including:
3.1 Minimum requirements for a claimAs a minimum, a claim for compensation must provide the insurer with the following information:
3.2 Requirement for a claim formWorkers are able to complete and submit a claim form to an insurer at any time, subject to the time limits outlined in the 1998 Act. Claim forms are available from the SIRA website or insurers may have their own claim form. An insurer must require a worker to complete a claim form when:
The insurer can waive the requirement for a worker to submit a claim form if they determine they have enough information to make a liability determination. 3.3 Signed authoritySection 260(3) of the 1998 Act allows the Guidelines to require that a claim be accompanied by a form of authority signed by the worker. This signed authority authorises the sharing of information between service providers and the insurer.
The worker may be required to supply the insurer with a signed authority so providers of medical and hospital treatment or workplace rehabilitation services can give the insurer relevant information relating to the compensable injury.
Information relevant to the worker’s injury includes:
This authority forms part of the claim form available on the SIRA website. Alternatively, the insurer can use its own form. Part 4: Compensation for medical, hospital, and rehabilitation expenses4.1 Accessing treatment without pre-approval
Does not apply to exempt workers
There is no requirement for exempt workers to seek pre-approval for treatment. However, exempt workers are to be made aware that treatment and services may not be payable without insurer approval. Payment of treatment and services for exempt workers must be assessed based on whether the treatment or service is required as a result of the injury and is considered reasonably necessary and on the provision of properly verified costs.
Workers can claim expenses relating to medical treatments and services, including hospital and rehabilitation. Medical, hospital and rehabilitation expenses will be paid where the treatment or service:
Section 60(2A) of the 1987 Act allows the Guidelines to specify the types or classes of treatment or services that are exempt from the requirement for prior insurer approval. See Table 4.1 for the reasonably necessary treatments and services the worker can receive (including reasonably necessary worker travel), without pre-approval from the insurer.
1 AHPs which meet the requirements of SIRA’s Approval Framework under s60(2C)
Before approving or paying for a medical, hospital or rehabilitation treatment or service, an insurer will determine, based on the facts of each case, whether the treatment or service is, as a result of an injury, reasonably necessary. Section 60(2C)(a) of the 1987 Act allows for the Guidelines to set rules for determining whether medical or related treatment, as defined by section 59 of the 1987 Act, is reasonably necessary. When considering the facts of the case, the insurer is to understand that:
In most cases, the points above should be enough for an insurer to determine what is reasonably necessary treatment. If the insurer remains unclear on whether a treatment is reasonably necessary, then the following factors may be considered:
4.3 Qualifications and requirements for treatment or service providers
**Does not apply to exempt workers**
Exempt workers are not required to use SIRA-approved physiotherapists, chiropractors, osteopaths, exercise physiologists, psychologists and counsellors.
Section 60(2C)(e) of the 1987 Act states that the Guidelines may specify the qualifications or experience required in order to be appropriately qualified to provide treatment or service to a worker. This includes mandating SIRA approval or accreditation for providers operating in the NSW workers compensation system. Services provided by a physiotherapist, chiropractor, osteopath, exercise physiologist, psychologist and counsellor can only be provided by an allied health provider that is approved by SIRA in accordance with the Guidelines for approval of treating allied health practitioners and who provides an Allied Health Recovery Request (AHRR) in accordance with those guidelines. Note: an AHRR is optional for practitioners treating workers with a severe injury. Assessment, diagnosis and treatment of hearing impairment loss injury are to be conducted by an ear nose and throat (ENT) specialist. Subsequent services in relation to the provision of hearing aids can only be delivered by a SIRA-approved hearing service provider in accordance with the Hearing Services Provider Approval Framework. 4.4 Domestic assistance care planSection 60AA(1)(d) of the 1987 Act allows the Guidelines to provide for the making of a domestic assistance care plan.
The insurer must establish a care plan with the worker and medical practitioner, based on what it accepts as reasonably necessary for the worker. The insurer is to do this and pay compensation within 21 days of receiving a claim.
As a minimum, the domestic assistance care plan must clearly state the:
4.5 Verifying gratuitous domestic assistanceGratuitous domestic assistance is domestic assistance provided to a worker for which the worker has not paid and is not liable to pay. Payment for gratuitous domestic assistance is only to be made if those costs and the provision of the assistance is properly verified. Section 60AA(5)(b) allows the Guidelines to specify how the performance of domestic assistance services is to be verified.
People providing gratuitous domestic assistance can claim compensation directly from the insurer. To do this, they must provide information to demonstrate that they have lost income or foregone employment because of their assistance.
Information might include:
The amount of lost income or foregone employment is not relevant to the amount of compensation that may be provided to the person. The provider of gratuitous domestic assistance is to be paid a proper and reasonable amount for the services provided. 4.5.1 Verifying and approving gratuitous domestic assistanceThe person providing the assistance may make a claim and the insurer may make a payment for eligible services as they are provided. Once approved, the insurer must pay the person providing the assistance, not the worker. Providers of gratuitous domestic assistance must submit a diary of what they have done before the insurer approves and pays compensation. The diary must be signed by both the provider and the worker (if the worker is able to do so). As a minimum, the diary must include the date, services performed and hours worked. Part 5: Work capacity Assessment
**This part does not apply to exempt workers**
Part 5: Work capacity assessments do not apply to exempt workers.
A work capacity assessment is an assessment of an injured worker’s current work capacity. 5.1 Work capacity assessmentSection 44(A)(2) of the 1987 Act states that a ‘work capacity assessment’ is to be conducted in accordance with the Guidelines. A work capacity assessment can be based on available information (such as a certificate of capacity), or it can require the insurer to gather more information, for example when the worker has some capacity but cannot return to their pre-injury employment. The insurer must keep a record of any work capacity assessment in the worker’s file. 5.2 When to conduct a work capacity assessmentWork capacity assessments are to be conducted throughout the life of the claim whenever new information about the worker’s claim, such as a certificate of capacity, is received. This is a part of the normal claims management process. These assessments may be based on available information or may require the gathering of additional information. 5.3 Requirement to attend appointmentsSection 44A(5) of the 1987 Act states that an insurer may require a worker to attend and participate in any appointment in accordance with the Guidelines that is reasonably necessary for the purpose of conducting a work capacity assessment. An insurer may use available information to assess work capacity, or it may require the worker to attend an appointment to obtain further information. These Guidelines require the insurer to advise the worker of the date and time of each appointment at least 10 working days before the appointment, unless otherwise agreed by the worker. The advice must include:
The insurer must consider whether the requirement to attend an appointment is reasonable in the circumstances.
This includes the requirement to consider amendments to existing laws and public health orders made in response to COVID-19 (Coronavirus).
A worker cannot be required by the insurer to attend more than four appointments per work capacity assessment. Of these, there cannot be more than:
If the worker is required to attend an appointment with an independent medical examiner, this must be in accordance with these Guidelines.
Section 45A(4) of the 1998 Act allows the Guidelines to provide for the functions of approved injury management consultants (IMCs). An IMC is a registered medical practitioner experienced in occupational injury and workplace-based rehabilitation. An IMC is a facilitator who helps the nominated treating doctor, worker, insurer, employer and other service providers to progress a worker's recovery at/return to work and optimise health and work outcomes. An IMC assesses the situation, examines the worker (if necessary) and discusses possible solutions with the relevant parties. The IMC mediates with parties to seek agreement on actions and outcomes. IMCs are not responsible for directing treatment of a worker, though they may comment on treatment in respect to overcoming barriers to recovery at/return to work. An IMC may conduct a file review where a referrer identifies the need for an injury management consultation but does not consider it necessary for the IMC to examine the worker. An IMCs functions do not include:
6.1 IMC functions relating to the nominated treating doctorThe IMC must verbally discuss the worker’s fitness for work with the nominated treating doctor. The IMC may also discuss the following with the worker’s nominated treating doctor:
6.2 IMC functions relating to the workerThe IMC may discuss recovery at/return to work with the worker, including:
The IMC may talk to the worker as part of a file review, and/or examine the worker to aid their evaluation of the worker’s ability to undertake specific tasks or functions, if this will contribute to achieving recovery and return to work outcomes. Where a worker has a union-representative involved in their return to work, the IMC will include that representative in discussions with the worker, at the worker’s request. 6.3 IMC functions relating to the employerThe IMC may communicate with the employer to confirm the suitability and availability of identified work. Where appropriate, they may also review the workplace to help facilitate appropriate return to work solutions. 6.4 IMC functions relating to other service providersThe IMC may liaise with other service providers to discuss aspects of the worker’s recovery at/return to work. 6.5 IMC functions relating to the Personal Injury CommissionA worker or employer can request the Personal Injury Commission (the Commission) to resolve a dispute about a failure to comply with obligations imposed by Chapter 3 of the 1998 Act, such as return to work obligations of insurers, employers and workers. If there is an application to resolve a dispute, the Commission may request an injury management consultant to conduct a workplace assessment. For further information please refer to the Commission website at www.pi.nsw.gov.au. 6.6 The IMC reportThe IMC is required to complete a report following a consultation or file review. The report should be provided to the referrer within 10 working days of the appointment or file review, or a different timeframe if agreed between the parties. A copy of the report must be forwarded to the:
A copy of the report may also be provided to the employer and any other party, if involved in the injury management consultation. As a minimum, the report is to include:
An independent medical examination (IME) is an assessment conducted by an appropriately qualified and experienced medical practitioner to help resolve an issue in injury or claims management. An insurer may direct a worker who has given notice of an injury or is receiving weekly payments of compensation to attend an IME. Section 119(4) of the 1998 Act allows the Guidelines to specify the requirements for arranging independent medical examinations. The mandatory obligations for insurers when they require a worker to attend an IME are outlined below. 7.1 Reason for referralReferral for an IME is appropriate when information from the treating medical practitioner(s) is inadequate, unavailable or inconsistent, and the referrer is unable to resolve the problem directly with the practitioners. Evidence of contact (or multiple attempts to contact) to try to resolve these issues with the nominated treating practitioner must be documented on the claim file. An IME is appropriate where the information required relates to:
The reason for the referral must be documented on the claim file. An insurer may also refer a worker for an independent medical examination for the purpose of obtaining an assessment of permanent injury (injuries before 01/01/2002) or permanent impairment (injuries on and after 01/01/2002) resulting from the injury. 7.2 Qualified and appropriate independent medical examinersAll independent medical examiners must be appropriately qualified medical practitioners with the expertise to adequately respond to the question(s) outlined in the referral. They must have qualifications relevant to the treatment of the worker’s injury. If the referral includes a question of causation or treatment, the independent medical examiner is to be in current clinical practice or have recently been in clinical practice, or undertake professional activities such that they are well abreast of current clinical practice. 7.2.1 Permanent impairment assessorsIf the referral is for an assessment of permanent impairment, the referral must be to a specialist medical practitioner with qualifications, training and experience relevant to the body system being assessed. The assessor must have successfully completed training and be listed on the SIRA website as a trained assessor of permanent impairment with SIRA workers compensation. If there is more than one impairment that requires assessment by different medical specialists, one specialist must be nominated as the lead assessor and determine the final amount of whole person impairment. 7.3 Conflict of interestThe independent medical examiner must not be in a treating relationship with the worker, nor must there be any conflict of interest between the medical practitioner and worker or medical practitioner and insurer. The exception to this is an assessment of permanent impairment, where a worker may be assessed by their treating specialist medical practitioner if they are listed for the relevant body system on the SIRA website. 7.4 Special requirementsThe location of the independent medical examiner’s rooms is to be accessible within the worker’s travel restrictions as certified by their nominated treating doctor. In limited or special circumstances, examination by video consultation may be appropriate and effective and is to be considered by the insurer on a case-by-case basis.
A pandemic, such as the outbreak of COVID-19 (Coronavirus) in Australia is considered a special circumstance for the purposes of this Part.
If the worker has special requirements relating to gender, culture or language, these are to be identified and accommodated. The rooms must contain appropriate facilities, including access for people with ambulatory difficulties, and accommodate the worker’s specific physical needs. Where it is the assessor’s routine practice to record the consultation on audio or video, the worker must be informed of this and agree before the appointment is scheduled. If the worker does not consent and the independent medical examiner will not proceed without recording the consultation, then an alternative independent medical examiner who does not record the examination is to be arranged. The worker may be accompanied by a person other than their legal representative, however, the accompanying person must not participate in the examination and may be required to withdraw from the examination if requested. 7.5 Notification to the workerAll referrals for IMEs are to be arranged at reasonable times and dates, and with adequate notification given to the worker. The worker must be advised in writing at least 10 working days before the examination takes place. Additional notice should be considered for rural/regional workers. If a shorter time is required because of exceptional and unavoidable circumstances (for example a need to consider an urgent request for treatment), the reduced timeframe must be agreed to by all parties. The written advice to the worker must include:
7.6 Further independent medical examinationsSubsequent IMEs must meet the reasons for referral for an independent medical examination and can only be conducted in the following situations:
Subsequent IMEs must be with the same independent medical examiner unless:
7.7 Unreasonable requestThe insurer must consider whether the requirement to attend an IME is reasonable in the circumstances.
This includes the requirement to consider amendments to existing laws and public health orders made in response to COVID-19 (Coronavirus).
If the worker considers the requirement to attend an IME unreasonable, they are to advise the insurer of the reasons for their objection. The insurer must consider this objection and advise the worker of their decision following this consideration. This advice must include contact information for the Independent Review Office (IRO). Benefits are not to be affected prior to adequate written notice being received by the worker. Any decision to suspend payment of weekly compensation can only be made after the worker has had an opportunity to comply with a reasonable request. This decision must be made on the basis of sound evidence, and the worker must be advised in writing of the reasons for the suspension and what they must do for weekly payments to be reinistated.
Section 282(1) of the 1998 Act states that ‘the relevant particulars about a claim’ are full details that enable the insurer (as far as practicable) to make a proper assessment of the claimant’s entitlement. Section 282(1)(g) allows these Guidelines to specify any further relevant particulars about a claim. 8.1.1 For injuries received on or after 1 January 2002A claim for lump sum compensation must be accompanied by a report from a permanent impairment assessor listed on the SIRA website, for the body system(s) being assessed. The assessor’s report must include:
8.1.2 For injuries received before 1 January 2002A claim for lump sum compensation must include:
8.2 Complying agreementsSection 66A(4) of the 1987 Act requires complying agreements (regarding the worker’s degree of permanent impairment and the lump sum compensation) between the worker and employer, to be recorded by the insurer in accordance with the Guidelines. If the worker accepts the insurer’s offer of settlement, the insurer and worker must enter into a complying agreement. The complying agreement must include:
In addition, for exempt workers, compensation may cover both permanent impairment and pain and suffering. Each type of compensation can be agreed at different times, and may require two complying agreements and separate payments.
The effect of section 87EAA of the 1987 Act is that a liability for medical, hospital and rehabilitation expenses compensation cannot be commuted to a lump sum for workers with a catastrophic injury. An injury is a catastrophic injury if it meets the criteria for one or more kinds of injury specified below. 9.1.1 Spinal cord injuryA spinal cord injury is an acute traumatic lesion of the neural elements in the spinal canal (spinal cord and cauda equina) resulting in permanent sensory deficit, motor deficit and/or bladder/bowel dysfunction. There must be permanent neurological deficit resulting from the spinal cord injury. 9.1.2 Brain injuryA traumatic brain injury is an injury to the brain, usually with an associated diminished or altered state of consciousness that results in permanent impairments of cognitive, physical and/or psychosocial functions. Criteria for brain injury
9.1.3 AmputationsThere are multiple amputations of the upper and/or lower extremities, meaning that there is more than one of the following types of amputation at or above the level of:
The worker has had one of the following types of amputation:
Equivalent impairment means the functional equivalent to an amputation, resulting from an injury such as (but not limited to) brachial plexus avulsion or rupture, where paralysis exists and movement in the paralysed limb, or relevant part therefore, is minimal or non-existent due to the injury. Measurement of the percentage loss of length of the amputated tibia or femur is to be calculated using x-ray imaging pre- and post-amputation. Where x-ray imaging is not available, measurement of the contralateral length of the femur is to be compared with the length of the amputated femur to measure percentage loss. There may be rare circumstances, such as traumatic bilateral transtibial amputation, where contralateral tibial length and tibial length prior to amputation is unknown and therefore percentage measurement is not applicable. In this case, percentage loss is defined as 50 per cent of tibial length calculated from estimated knee height. Estimated knee height is to be calculated from the worker’s documented total height prior to the injury. 9.1.4 BurnsThere are full thickness burns greater than 40 per cent of total body surface area, or
9.1.5 Permanent blindnessThe worker is legally blind, when:
Part 10: Pre-injury average weekly earnings
**This part does not apply to exempt workers**
Part 10: Pre-injury average weekly earnings do not apply to exempt workers.
This part applies to workers injured on or after 21 October 2019. 10.1 Pre-injury average weekly earnings of apprentices, trainees and young peopleClause 5(4) of Schedule 3 to the 1987 Act states that the Guidelines may make provision for the matters to be taken into account to determine the weekly earnings a worker is likely to have been entitled to in a week had the injury not occurred and they had continued in the employment. Apprentices, trainees and young people who are entitled to weekly payments must have their PIAWE adjusted at each age or stage after their injury when such an increment is due. When adjusting the PIAWE the insurer is to assess against the considerations included in table 10.1.
When deciding on the most appropriate rate for an apprentice, trainee or young person, an insurer must give regard to relevant allowances (if any) that would have been payable to the worker had they not been injured. Overtime hours and shift work performed prior to the injury should be included at the rate applicable at the time any increase in PIAWE is determined. This is to reflect the pattern of overtime and shift work prior to injury, as identified when PIAWE is first determined for the worker. The new PIAWE is calculated to take effect from:
10.2 Determining whether a benefit has been provided and whether the worker is entitled to use of the benefitClause 6(4) of Schedule 3 to the 1987 Act states that the Guidelines may make provision for the matters to be taken into account to determine whether a non-monetary benefit has been provided to a worker and whether the worker is entitled to the use of that benefit. An insurer is to determine if a benefit has been provided to a worker by requiring the employer to provide the tax reporting records kept by the employer about that worker. An employer is obliged to record the value of fringe benefits provided to their workers for Australian Tax Office reporting purposes. They may also have to report the notional value of some benefits which are exempt from fringe benefits tax. A worker is considered to have been provided with a non-monetary benefit if they have use of the benefit at the date of the injury. Where a non-monetary benefit has been provided to a worker for the performance of work by the worker, which expressly provides a personal benefit to the worker, it should be included in the worker's PIAWE from the date that the benefit has been relinquished by the worker or withdrawn by the employer post-injury. The insurer is to consider the following to ascertain whether a worker is entitled to the use of a non-monetary benefit:
If a non-monetary benefit was provided or removed during the relevant earning period, written evidence is to be requested from the employer about the change. This is to include the date of effect of the change. If a worker has relinquished, or an employer has withdrawn, a non-monetary benefit post injury, the insurer is to request written evidence from the worker and/or the employer including the date which this took effect, to enable the insurer to promptly re-calculate PIAWE. 10.3 Monetary value of non-monetary benefitsSchedule 3, clause 7(1)(b) of the 1987 Act states that the Guidelines may determine an amount which is reasonably payable for a non-monetary benefit that is not a fringe benefit or not otherwise subject to fringe benefits tax. When fringe benefits tax does not apply to a non-monetary benefit (for example, benefits provided to employees of most not-for-profit organisations) the insurer must determine a reasonable value for that non-monetary benefit. The reasonable value is to be determined as a pre-tax value expressed as a weekly amount. Insurers are to refer to the following when determining the monetary value of a non-monetary benefit:
Insurers may consider other available information where appropriate to do so. 10.3.1 Residential accommodation not subject to fringe benefits taxIf a worker is provided with residential accommodation which is not subject to fringe benefits tax, the monetary value is the amount that would reasonably be payable for that accommodation or equivalent accommodation in the same area, if it were let on commercial terms, as a weekly rate. To establish the value as a weekly rate the insurer is to have regard to relevant and current real estate guide information for rental properties in a similar location and size to that provided to the worker by the employer. |