Work out when New South Wales weekly compensation payments reach a statutory stop
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the injury date, the payment history, the permanent-impairment assessment and the worker's age, list the dates under sections 39, 39A and 39B. Do not decide that payments have ended, and do not copy the SIRA page over those sections.
- What the lawyer must review
- Follow sections 39, 39A and 39B. The SIRA page of 1 July 2026 labels them differently
- Section 39 ends at 260 weeks unless impairment is more than 20 per cent
- Section 39A ends a primary psychological injury at 130 weeks unless impairment is at least 25 per cent
- Section 39B is the band from 21 per cent to under 25 per cent. The section says $225
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Weekly payments under the Workers Compensation Act 1987 (NSW)
Produce. A list of possible stop dates, each tied to the section, for the lawyer to decide.
Have ready. Injury date, whether the injury is a primary psychological injury, and the payment history; The permanent-impairment assessment, if one exists; The worker's age and whether the worker may be an exempt worker.
Example of the limit. Illustrative example: A primary psychological injury is assessed at 22 per cent and the worker earns $200 a week. The list records the section 39A 130-week date, and that section 39B's $225 earnings test is not met on those figures. It does not substitute the SIRA figure of $251. The lawyer decides whether payments continue.
Stop and hand it back when
- The list uses the SIRA labels, the $251 figure, or a 20 per cent test for a primary psychological injury.
- The list states that payments have ended.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the injury date, the payment history, the permanent-impairment assessment and the worker's age, list the dates under sections 39, 39A and 39B. Do not decide that payments have ended, and do not copy the SIRA page over those sections. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Workers Compensation Act 1987 section 39, in the version current from 1 October 2026: no weekly payments after an aggregate of 260 weeks for an injury other than a primary psychological injury. The section does not apply if permanent impairment is more than 20 per cent. The note says entitlement after 260 weeks is still subject to section 38, which was not opened. If payments become payable again, section 39(4) makes them payable only from the further assessment.
- Section 39A: no weekly payments for a primary psychological injury after an aggregate of 130 weeks. The section does not apply if permanent impairment is at least 25 per cent. The note says later entitlement is still subject to the division. Impairment under sections 39 and 39A is assessed under Part 6 or under Chapter 7 Part 7 of the 1998 Act.
- Section 39B applies where a primary psychological injury is at least 21 per cent but less than 25 per cent and the second entitlement period has expired. Continuation requires an application in the form approved by the Authority, and either no work capacity, or current work capacity with a return to work of at least 15 hours a week and current weekly earnings of at least $225. The rate is the lesser of 60 per cent of pre-injury average weekly earnings less current weekly earnings, or the maximum weekly compensation amount less current weekly earnings, subject to section 34 and section 39B(7). There is no entitlement under section 39B after an aggregate of 182 weeks. The section does not apply to a worker with highest needs. That definition was not opened. Section 39B(7) allows regulations to set an alternative calculation. It does not, in the text opened, change the $225 figure.
- The SIRA weekly-payments page, updated 1 July 2026, calls the 130-week cap section 39B, says it does not apply above 20 per cent, describes a further 52 weeks for 21 to 24 per cent at $251 as indexed, and says more than 24 per cent may continue. It also omits the deduction of current weekly earnings from the 60 per cent rate. Do not copy that page over the sections.
- From that SIRA page only: retiring age is the age-pension age; a worker already receiving payments may have a further 12 months at retirement; a worker injured on or after retiring age may have 12 months from the first incapacity; injuries before 30 June 1985 are unaffected by retiring age. Paid first responders are exempt from some 2012, 2015 and 2025 amendments. The page does not say they are exempt from section 39. It does say work capacity assessments are not conducted for them.
Sources
- Workers Compensation Act 1987 (NSW) section 39, current from 1 October 2026 · 2026-10-23
- Workers Compensation Act 1987 (NSW) section 39A, current from 1 October 2026 · 2026-10-23
- Workers Compensation Act 1987 (NSW) section 39B, current from 1 October 2026 · 2026-10-23
- SIRA: Weekly payments, updated 1 July 2026 · 2026-10-23
Do not treat $251, or an indexed figure, as the section 39B earnings test. No indexation regulation was opened.
The second entitlement period is used as the Act uses it. Its definition was not opened, so the lawyer identifies that date from the payment history.
Health and wage records stay in a firm-controlled tool. Australian Solicitors' Conduct Rules rule 9 and Australian Privacy Principle 11 apply, and a breach may be notifiable under the Privacy Act 1988 (Cth).