Nsw government to ban workers’ comp ads

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Nsw government to ban workers’ comp ads

Lawyers and agents will no longer, as of mid-February 1998, be able to advertise in the area of workers compensation.

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Lawyers and agents will no longer, as of mid-February 1998, be able to advertise in the area of workers compensation.

This prohibition by the NSW Government has been effected by the Workers Compensation (General) Amendment (Advertising) Regulation 1997 (see NSW Government Gazette No 130 of 28 November 1997 at p 9571ff).

The amending regulation commences on 15 December 1997.

The explanatory note to the Regulation states as follows:

"The object of this regulation is to insert a new Part into the Workers Compensation (General) Regulation 1995 to regulate advertising in the areas of workers compensation by lawyers and agents.

"The proposed new Part provides for the following:

"(a) The Part will be phased in, so that it will apply only to advertisements published more than 2 months after commencement, or later if it can be proved that the offending advertisement was contracted for before the commencement.

"(b) The Part will apply to advertising that appears to be intended or likely to encourage or induce a person to make a workers compensation or damages claim or to use the services of a lawyer or agent in connection with such a claim.

"(c) Advertising will be required to contain a warning statement about the penalties for making false workers compensation claims, unless the advertisement is solely about the area of practice or specialty of the lawyer or agent. The penalty for a contravention of this provision will be a fine of up to 200 penalty units.

"(d) Advertising that is false, misleading, vulgar, sensational or unprofessional will be prohibited. The penalty for a contravention of this provision by an agent is a fine of up to 200 penalty units. For a lawyer, a contravention is to be dealt with as a breach of the regulations under the Legal Profession Act 1987."

Note that a penalty unit is $110.

 

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