Submission on Review of Safety, Rehabilitation and Compensation Act 1988 Issues Paper September 2012

Size: px
Start display at page:

Download "Submission on Review of Safety, Rehabilitation and Compensation Act 1988 Issues Paper September 2012"

Transcription

1 Submission on Review of Safety, Rehabilitation and Compensation Act 1988 Issues Paper September 2012 I should say that I have first-hand knowledge and experience with workers compensation claims by virtue of nearly 9 years experience managing workers compensation claims in the province of Ontario at the Workplace Safety & Insurance Board in Toronto between 1990 and In addition, I have a couple of months experience doing the same here in Australia for GIO/ Suncorp. This does not make me an expert on the SRC Act, but it gives me some good foundational information on which to base an opinion. Chief recommendations: 1) The SRC Act should be amalgamated with the new WHS Act. 2) The distinctions between State and territories, similar to the intent on the harmonised WHS/OHS legislation, be eliminated or harmonised. 3) The SRC Act should not only apply to public servants. Any new workers compensation scheme should apply consistently to all workers, public and private. In other words, harmonisation must include eliminating all State and territory Workcover schemes. 4) The Act should be less prone to legal interpretation and thus encouraging disputes and/ or court and tribunal actions. In other words, clearer and broader definitions and limitations with less formal procedural framework and less reliance on lawyers overall to reduce costs. 5) The most significant reduction of costs is not from more restrictive regulation or policy (as has been done in the past), but by achieving a less legalistic systems so dependent on excessive fee-hungry lawyers with an interest in maintaining, rather than eliminating, disputes. The intent of the WHS harmonisation should and must be extended to all workers compensation schemes. Occupational health and safety/ Workplace Health and Safety must be consistent, as inclusive as possible and closely aligned with workers compensation plans. To have a harmonised WHS/ OHS system and a state and territory-based differentiated system is no system at all and absurd. I must note that many of the points raised in the Issues Paper will be moot should the above recommendations be realised. This would be a good thing for claimants and employers alike. I also lean toward a more inclusive, less restrictive workers compensation system rather than a costfocussed, restrictive system, which in my view does not actually restrict costs when appeals and legal costs are factored in, as well as the human and ethical dimensions. Addressing the points of the Issues Paper: Issues Paper points Key principles/ objectives My response Key principles and objectives should align with the WHS Act s principles and objectives in a consistent, harmonised environment. In fact, the two pieces of legislation should be one. In addition, the Fair Work Australia Act should include consistent wording about health and safety to ensure a truly harmonised, consistent system of

2 Categories of employers/definition of worker Home to work travel and on-call travel Heart attacks, strokes and similar events/ test Reasonable administrative action Formula for NWE and lost earnings Normal weekly hours/ earnings Earnings for full time employees and additional employment Ability to earn calculation obligations and incentives. Consistency and harmonisation is the key here with the WHS Act. Again ideally the Acts should be amalgamated but in the alternative, a consistent definition. In addition the definition in the FWA Act should also be consistent. Case law is clearly moving towards a more inclusive and expanded system of definitions and coverage. Therefore, expanded coverage in this case would be appropriate and avoid unnecessary legal proceedings and questions. Money spent in one area will result in savings elsewhere. Automatic coverage is consistent with High Court decisions and eliminates any false distinctions between injury, disease, pre-existing condition, etc, as long as the injury occurred at work/ in the course of employment. This test should be eliminated entirely on the basis that the Reeve judgment that actions need to be targeted and responsive involve subjective and impossible judgments too prone to bias. For example, what constitutes informal counselling versus formal or actions directed to terms and conditions of employment and not tasks in employment. What is the purpose of this test in any case? Clearly the formula for determining fair earning is problematic due to the rigid conditions imposed by this outdated and inflexible legislation. Earnings calculations should be fair and based upon what earnings a worker is earning at the time from as many sources as is representative. Post 45 week incapacity benefits should be reflective of pre-injury earnings and not penalise the worker unfairly. On the other hand, the incentive to return to full time work should be apparent, except in the case of permanent impairment. In the case of permanent impairment, it is not possible to return to fulltime earnings often through no fault of the injured worker and they should not be penalised because of that financially. All sources of employment should be taken into account which is in line with the definition of a Person in Control of a Business or Undertaking definition from the new WHS Act. Again this is yet another unnecessarily contentious and conflicting part of this Act that need not be. The list of factors from Section 19(4), particularly subsection (g): any other matter that Comcare deems relevant. Previous subsections emphasise penalties to an incapacitated worker should suitable employment be offered and/or vocational rehabilitation be rejected these terms are ripe for abuse and bias and should be discarded in favour of more consistent, widely acceptable terminology and standardisation encouraging compromise and workers and employers working together to find solutions rather than penalising

3 incapacitated workers. This terminology should not come from lawyers or case law, but instead from employer and worker groups in consultation together on this issue. Superannuation offset provisions and weekly benefits Section 30 weekly amount sufficient and redemption of medical and rehabilitation costs Weekly benefit cut off age of 65 Access to early intervention to be included in Act and liability -Rehabilitation obligations -Employer obligations to provide suitable employment -Identification of rehabilitation authority Eliminate the 5% deduction. Eliminate restrictions on lump sum payments. Allow for claim closure but ensure that it is fair and evident to both sides well in advance giving them the opportunity to appeal. Medical and rehabilitation costs should not be borne by the claimant who is not working and disabled (i.e. unable to pay). The government should underwrite any costs with agreements from doctors and rehabilitation providers with the proviso that if a claim is rejected then the claimant should bear the costs. This issue deserves comprehensive study since the retirement age is being increased to 67 and the strong possibility exists of older people being disadvantaged. I have doubts that the only real reason for increasing the retirement is age is for government cost savings but this will place an unfair and unachievable burden on the elderly. Regulatory tools regarding rehabilitation and early intervention should be strengthened taking into account past and present employees, but more importantly a clear definition of early intervention would be beneficial to all parties including injured workers and employers. I think the concern that needs to be addressed here is that early intervention not simply be synonymous with forcing an injured worker back to work before they are ready in order to save costs. On the other hand, many employers make no attempt at early and safe return to work and have no rehabilitation plans in place. Likewise, Comcare and insurance companies have no enforcement, incentive or support regimes in place to enable employers to do this with any ease. Employers should be obliged to do more than simply provide RTW plans regarding suitable employment. Also suitable employment as suggested in the Issues Paper should be in any sector and incentivised. This would not be a problem if legislation was amalgamated and harmonised. Employer obligations need to be strengthened and clarified. When a worker leaves employment, the rehabilitation provider needs to be clearly stated.

4 -Maximum permanent impairment lump sum amount/ cap on common law damages -Permanent impairment compensation calculations based on whole person? -Threshold for permanent impairment claims What percentage of claimants in jurisdictions that allow common law damages (such as the ACT) actually pursue and get common law damages and for what reason above and beyond their workers compensation claim? I would be in favour of eliminating any restrictions on the permanent impairment awards, i.e. no 10% rule on p.i. awards with common law awards being ruled out as a trade-off. The Canute decision creates an unfair impact on permanently impaired injured workers based on the flawed legislation. The cost impact of allowing permanent impairment awards below or over 10% is less than allowing common law damages that benefit mostly lawyers, who incidentally are the ones arguing for this. Dispute resolution mechanisms/ medical issues to be referred to a medical panel/ tribunal for resolution/ alternative dispute resolution allowed as a pre-cursor to AAT review. Dispute resolution in general offers people poor, inefficient and mostly costly (benefitting only lawyers) processes to resolve disputes. Mostly disputes are not resolved in the sense that both parties achieved any kind of satisfaction. This related to the larger issue of dispute resolution and the court system in Australia. However even the Fair Work Australia Act attempts to minimise the need for lawyers and courts. It is unfair both to claimants and the AAT to expect any effective dispute resolutions using traditional court/ AAT processes, where experts are not at hand to offer fair judgements. Therefore a less formal, less procedural system with involvement of an impartial medical panel of experts would be a better solution overall, not reliant on case law or legal arguments but instead on medical facts and interpretation of those facts. Allow payments to be made for detriment caused by defective administration? Importantly also, this would result in a less corrupt, speedier, cheaper, fairer and more informed system of dispute handling than courts and relying on the AAT. Delays in claims handling are no more acceptable than delays caused by injured workers or by employers in submitting their claims by a certain time after the incident claimed. Interest should be paid to claimants for any delays caused by maladministration. Likewise, the same penalties applied to employers and claimants for unacceptable delays should be applied to Comcare for unacceptable delays. If the initial entitlement decision is legislated to be made within say 14 to 28 days then I see no reason why those same standards are not applied on subsequent administration decisions. I also think that there should be provision in the legislation for psychological/ stress/ bullying claims in harmony with Fair Work Australia Act and the Workplace Health and Safety Act regulations and/or

5 Code of Practice. Without this, costs are not being reduced but rather passed onto courts and feehungry lawyers again. Why not deal with a difficult issue early on, fairly and in a much more efficient and speedy system of dispute resolution and justice? I cannot stress enough how significant and important harmonisation of all OHS/WHS as well as workers compensation laws will be to the fair and efficient management of disability in Australia. To do anything less to me represents a huge failure of our political system to engage for the benefit of society in the way it did for new WHS legislation. Although the new WHS legislation still needs ongoing changes and strengthening in certain areas, it has taken an important first step in improving outcomes. The same should be true for workers compensation in Australia. It is excessively confrontational, legalistic, lacking transparency with hidden costs borne by both injured workers and employers, inconsistent and needs to be made into a progressive, fair system enabling the same goals as in the new WHS laws. Why there are no many laws regarding disability administration in this country escapes me but I am convinced that there are those that benefit financially from the mess it creates. Their interest is in maintaining status quo. Status quo is unacceptable to those suffering under the yoke of a system grinding itself into the ground. Thank you John Ross 40 Carr Crescent Wanniassa ACT

Optus Submission to Productivity Commission Inquiry into National Frameworks for Workers Compensation and Occupational Health and Safety

Optus Submission to Productivity Commission Inquiry into National Frameworks for Workers Compensation and Occupational Health and Safety Optus Submission to Productivity Commission Inquiry into National Frameworks for Workers Compensation and Occupational Health and Safety June 2003 Overview Optus welcomes the opportunity to provide this

More information

Workers guide to workers compensation Guide

Workers guide to workers compensation Guide Workers guide to workers compensation Guide www.worksafe.nt.gov.au Disclaimer This publication contains information regarding workers rehabilitation and compensation. It includes some of your obligations

More information

NATIONAL WORKERS COMPENSATION AND OCCUPATIONAL HEALTH AND SAFETY FRAMEWORKS

NATIONAL WORKERS COMPENSATION AND OCCUPATIONAL HEALTH AND SAFETY FRAMEWORKS NATIONAL WORKERS COMPENSATION AND OCCUPATIONAL HEALTH AND SAFETY FRAMEWORKS SUBMISSION TO THE PRODUCTIVITY COMMISSION FROM THE BUSINESS COUNCIL OF AUSTRALIA 1 INTRODUCTION SUBMISSION The BCA makes the

More information

ACT PUBLIC SECTOR Managing Injury and Illness in the Workplace

ACT PUBLIC SECTOR Managing Injury and Illness in the Workplace ACT PUBLIC SECTOR Managing Injury and Illness in 1. PURPOSE This document outlines the ACT Government policy for the care, recovery and support of ACTPS staff with work related and non-work related injuries

More information

Accident Compensation Act

Accident Compensation Act Accident Compensation Act Changes to the Accident Compensation Act 1985 explained Edition No. 1 March 2010 Contents Introduction 1 Overview of changes 2 Key changes Workers entitlement to compensation

More information

28/08/2014. The Structure Workplace Injury Rehabilitation and Compensation Act 2013 Act of Parliament

28/08/2014. The Structure Workplace Injury Rehabilitation and Compensation Act 2013 Act of Parliament Janis Veldwyk At the end of the workshop participants should: Be more familiar with the Workplace Injury Rehabilitation and Compensation Act 2013 Know Employer and employee obligations with relation to

More information

MAURICE BLACKBURN LAWYERS WORKERS COMPENSATION ACT

MAURICE BLACKBURN LAWYERS WORKERS COMPENSATION ACT MAURICE BLACKBURN LAWYERS WORKERS COMPENSATION ACT 02 MAURICE BLACKBURN YOU RE WORTH FIGHTING FOR. If you are hurt, injured, or are facing an unfair situation, you and your family shouldn t have to suffer.

More information

Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2015

Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2015 Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2015 Explanatory Notes Short title The short title of the Bill is the Workers Compensation and Rehabilitation and Other Legislation

More information

NATIONAL INSURANCE BROKERS ASSOCIATION OF AUSTRALIA (NIBA) Submission to WorkCover Western Australia. Legislative Review 2013

NATIONAL INSURANCE BROKERS ASSOCIATION OF AUSTRALIA (NIBA) Submission to WorkCover Western Australia. Legislative Review 2013 NATIONAL INSURANCE BROKERS ASSOCIATION OF AUSTRALIA (NIBA) ABOUT NIBA Submission to WorkCover Western Australia Legislative Review 2013 February 2014 NIBA is the peak body of the insurance broking profession

More information

A new Return to Work scheme for South Australians

A new Return to Work scheme for South Australians A new Return to Work scheme for South Australians A policy statement to support the Return to Work Bill 2014 www.yoursay.sa.gov.au/yoursay/changes-to-workcover-august-2014-update Contents A message from

More information

New South Wales: Amendments to Workers Compensation Legislation June 2012

New South Wales: Amendments to Workers Compensation Legislation June 2012 There are two primary pieces of legislation governing Workers Compensation in New South Wales: Workplace Injury Management and Workers Compensation Act 1998 The Workers Compensation Legislation Amendment

More information

MAURICE BLACKBURN LAWYERS WORKERS COMPENSATION NSW

MAURICE BLACKBURN LAWYERS WORKERS COMPENSATION NSW MAURICE BLACKBURN LAWYERS WORKERS COMPENSATION NSW 02 MAURICE BLACKBURN YOU RE WORTH FIGHTING FOR. If you are hurt, injured, or are facing an unfair situation, you and your family shouldn t have to suffer.

More information

Future of Work. Rehabilitation and Compensation for Injured Workers 1

Future of Work. Rehabilitation and Compensation for Injured Workers 1 Future of Work Rehabilitation and Compensation for Injured Workers Introduction 1. Congress reaffirms its primary position that every worker has the right to go to work and come home safely. Yet with extremely

More information

Employers guide to workers compensation Guide

Employers guide to workers compensation Guide Employers guide to workers compensation Guide www.worksafe.nt.gov.au Disclaimer This publication contains information regarding workers rehabilitation and compensation. It includes some of your obligations

More information

Government Response: Review into the Northern Territory Workers Compensation Scheme November 2014

Government Response: Review into the Northern Territory Workers Compensation Scheme November 2014 Government Response: Review into the Northern Territory Workers Compensation Scheme November 2014 Government s Response to the Review Recommendations The Northern Territory Government supports a balanced

More information

BACKGROUND COMMENTS. The Interim Report quotes from our initial submission:

BACKGROUND COMMENTS. The Interim Report quotes from our initial submission: BACKGROUND This submission is made further to the NSW Minerals Council s initial submission of September 2003 and our appearance before the 4 December 2003 public hearing in Sydney. Our comments remain

More information

Workers Compensation: How Comcare determines claims made under the Safety, Rehabilitation and Compensation Act 1988

Workers Compensation: How Comcare determines claims made under the Safety, Rehabilitation and Compensation Act 1988 A U S T R A L I A S S A F E S T W O R K P L A C E S Workers Compensation: How Comcare determines claims made under the Safety, Rehabilitation and Compensation Act 1988 EDITION 2 FOR CLAIMS WITH A DATE

More information

SUBMISSION to PRODUCTIVITY COMMISSION NATIONAL WORKERS COMPENSATION AND OCCUPATIONAL HEALTH & SAFETY FRAMEWORKS. 24 June 2003

SUBMISSION to PRODUCTIVITY COMMISSION NATIONAL WORKERS COMPENSATION AND OCCUPATIONAL HEALTH & SAFETY FRAMEWORKS. 24 June 2003 SUBMISSION to PRODUCTIVITY COMMISSION NATIONAL WORKERS COMPENSATION AND OCCUPATIONAL HEALTH & SAFETY FRAMEWORKS by NATIONAL MEAT ASSOCIATION OF AUSTRALIA NSW DIVISION 24 June 2003 SOME OF THE ISSUES TO

More information

in the Northern Territory

in the Northern Territory 23 JUNE 2011 WORKERS COMPENSATION BEST PRACTICE GUIDELINES for APPROVED INSURERS and SELF INSURERS in the Northern Territory Workers Compensation NT WorkSafe is the administrative arm of the Work Health

More information

Review of the Seacare Scheme Report Recommendations and Response from the Australian Shipowners Association.

Review of the Seacare Scheme Report Recommendations and Response from the Australian Shipowners Association. Review of the Seacare Scheme Report Recommendations and Response from the Australian Shipowners Association. This feedback document is divided into three sections addressing the Seacare Review Report and

More information

MAURICE BLACKBURN LAWYERS WORKCOVER SOUTH AUSTRALIA

MAURICE BLACKBURN LAWYERS WORKCOVER SOUTH AUSTRALIA MAURICE BLACKBURN LAWYERS WORKCOVER SOUTH AUSTRALIA 02 MAURICE BLACKBURN YOU RE WORTH FIGHTING FOR. If you are hurt, injured, or are facing an unfair situation, you and your family shouldn t have to suffer.

More information

Key Workers Compensation Information, Australia

Key Workers Compensation Information, Australia Key Workers Compensation Information, Australia 2010 Key Workers Compensation Information, Australia 2010 Visit www.safeworkaustralia.gov.au for more information Commonwealth of Australia 2010 ISBN 978

More information

Key Workers Compensation Information, Australia

Key Workers Compensation Information, Australia Key Workers Compensation Information, Australia 2011 Disclaimer The information provided in this document can only assist you in the most general way. This document does not replace any statutory requirements

More information

TOTAL AND PERMANENT DISABILITY INSURANCE AS A SUPERANNUATION BENEFIT

TOTAL AND PERMANENT DISABILITY INSURANCE AS A SUPERANNUATION BENEFIT TOTAL AND PERMANENT DISABILITY INSURANCE AS A SUPERANNUATION BENEFIT ABOUT IUS (INTERNATIONAL UNDERWRITING SERVICES PTY LTD) IUS is a major provider of income replacement insurance to the Australian market.

More information

WORKERS COMPENSATION DIVISION INDUSTRY REFERENCE GROUP REPORT

WORKERS COMPENSATION DIVISION INDUSTRY REFERENCE GROUP REPORT WORKERS COMPENSATION DIVISION INDUSTRY REFERENCE GROUP REPORT February/March 2009 Amendments to Workers Compensation Legislation The Workers Compensation Legislation Amendment (Benefits) Act 2008 introduced

More information

10.4 The ICF and accident compensation in Australia

10.4 The ICF and accident compensation in Australia 10.4 The ICF and accident compensation in Australia John Walsh, Actuarial, PricewaterhouseCoopers Address for correspondence: john.e.walsh@au.pwcglobal.com Abstract This paper briefly describes the Australian

More information

A BILL for AN ACT. Serial 137 Personal Injuries (Civil Claims) Bill 2003 Dr Toyne

A BILL for AN ACT. Serial 137 Personal Injuries (Civil Claims) Bill 2003 Dr Toyne Serial 137 Personal Injuries (Civil Claims) Bill 2003 Dr Toyne A BILL for AN ACT to provide for the economical and early resolution of claims for damages for personal injuries before proceedings are commenced,

More information

WorkCover claims. Report 18: 2014 15

WorkCover claims. Report 18: 2014 15 Report 18: 2014 15 Queensland Audit Office Location Level 14, 53 Albert Street, Brisbane Qld 4000 PO Box 15396, City East Qld 4002 Telephone (07) 3149 6000 Email Online qao@qao.qld.gov.au www.qao.qld.gov.au

More information

WORKPLACE ACCIDENT CLAIMS A GUIDE TO YOUR ENTITLEMENTS

WORKPLACE ACCIDENT CLAIMS A GUIDE TO YOUR ENTITLEMENTS WORKPLACE ACCIDENT CLAIMS A GUIDE TO YOUR ENTITLEMENTS This guide includes the following: Who is a worker? What is the Victorian WorkCover Authority? Who can make a WorkCover claim. When is employment

More information

A glossary for injured workers Who s who in the claims process

A glossary for injured workers Who s who in the claims process A glossary for injured workers Who s who in the July 2013 Who s who in the A glossary for injured workers About us 1 Talking your language service 2 Key contacts during the 3 About the roles in the 4 Allied

More information

WORKCOVER QUEENSLAND AMENDMENT BILL 2002

WORKCOVER QUEENSLAND AMENDMENT BILL 2002 1 WORKCOVER QUEENSLAND AMENDMENT BILL 2002 EXPLANATORY NOTES GENERAL OUTLINE Objectives of the legislation To provide for miscellaneous amendments to the WorkCover Queensland Act 1996. Reason for the Bill

More information

ILARS POLICY Funding of applications by injured workers to pursue claims for compensation

ILARS POLICY Funding of applications by injured workers to pursue claims for compensation ILARS POLICY Funding of applications by injured workers to pursue claims for compensation Introduction This WIRO Policy sets out the circumstances in which the Independent Legal Assistance and Review Service

More information

Employer s Guide to. Best Practice Return to Work for a Stress Injury

Employer s Guide to. Best Practice Return to Work for a Stress Injury Employer s Guide to Best Practice Return to Work for a Stress Injury Employers Guide to Best Practice Return to Work for a Stress Injury 1. Early Intervention 2. Claim Lodged 3. Claim Acceptance 4. Return

More information

WORKERS COMPENSATION AND REHABILITATION QUESTIONS AND ANSWERS

WORKERS COMPENSATION AND REHABILITATION QUESTIONS AND ANSWERS WORKERS COMPENSATION AND REHABILITATION QUESTIONS AND ANSWERS The Work Health & Safety Unit has responsibility for the management of workers compensation claims and the rehabilitation of injured employees.

More information

Comcare Asbestos Related Compensation Claims & Workers Compensation Claim Management

Comcare Asbestos Related Compensation Claims & Workers Compensation Claim Management Records Authority 2010/00322036 Comcare Asbestos Related Compensation Claims & Workers Compensation Claim Management 2011 CONTENTS INTRODUCTION APPLICATION OF THIS AUTHORITY CONTACT INFORMATION AUTHORISATION

More information

The Comcare Self-Insurance Option Bruce Watson, Rod McInnes and Mark Hurst

The Comcare Self-Insurance Option Bruce Watson, Rod McInnes and Mark Hurst The Comcare Self-Insurance Option Bruce Watson, Rod McInnes and Mark Hurst This presentation to be read in conjunction with the authors paper. Agenda 1. Productivity Commission report and the Comcare option

More information

Workers Compensation Amendment (Transitional) Regulation 2012

Workers Compensation Amendment (Transitional) Regulation 2012 New South Wales Workers Compensation Amendment (Transitional) Regulation 2012 under the Workers Compensation Act 1987 Her Excellency the Governor, with the advice of the Executive Council, has made the

More information

understanding your workers compensation accident insurance policy A guide to your policy cover and conditions

understanding your workers compensation accident insurance policy A guide to your policy cover and conditions understanding your workers compensation accident insurance policy A guide to your policy cover and conditions AIPG May 2015 contents About WorkCover Queensland 3 About your accident insurance policy 3

More information

CEPU Representatives Guidelines Australia Post Workers Compensation

CEPU Representatives Guidelines Australia Post Workers Compensation CEPU Representatives Guidelines Australia Post Workers Compensation Introduction This Union Representatives Guide provides information on the following rights and entitlements of workers' compensation

More information

THE NSW COMPULSORY THIRD PARTY GREEN SLIP INSURANCE SCHEME: SUBMISSION TO THE CONSULTATION ON THE PROPOSED REFORMS

THE NSW COMPULSORY THIRD PARTY GREEN SLIP INSURANCE SCHEME: SUBMISSION TO THE CONSULTATION ON THE PROPOSED REFORMS The Hon Greg Pearce MLC Minister for Finance & Services Minister for the Illawarra 5 April 2013 Dear Minister THE NSW COMPULSORY THIRD PARTY GREEN SLIP INSURANCE SCHEME: SUBMISSION TO THE CONSULTATION

More information

WHAT S HAPPENING WHS & WORKERS COMPENSATION SYSTEM. Greg Pattison 17 May 2012

WHAT S HAPPENING WHS & WORKERS COMPENSATION SYSTEM. Greg Pattison 17 May 2012 WHAT S HAPPENING WHS & WORKERS COMPENSATION SYSTEM Greg Pattison 17 May 2012 WHAT S HAPPENING WHS WHS HARMONISATION- SORT OF MAYBE SOME DAY? IN Commonwealth Queensland Northern Territory ACT NSW ( with

More information

Police Amendment (Death and Disability) Act 2011 No 73

Police Amendment (Death and Disability) Act 2011 No 73 New South Wales Police Amendment (Death and Disability) Act 2011 No 73 Contents Page 1 Name of Act 2 2 Commencement 2 Schedule 1 Amendment of Police Act 1990 No 47 3 Schedule 2 Amendment of Police Regulation

More information

LEGAL COSTS IN SOUTH AUSTRALIA'S WORKERS' COMPENSATION SCHEME

LEGAL COSTS IN SOUTH AUSTRALIA'S WORKERS' COMPENSATION SCHEME BLAKE DAWSON WALDRON SOLICITORS LEGAL COSTS IN SOUTH AUSTRALIA'S WORKERS' COMPENSATION SCHEME February 1997 Workcover Corporation,. Library Worl(Cove _. i00,waymouth Street toz.v.,.;4.'rk:iilatil Adelaide

More information

SUBMISSION. 2. Problems for administration staff at medical or allied health practices

SUBMISSION. 2. Problems for administration staff at medical or allied health practices Sherryl Catchpole MB BS M 111th Sc (Occ Med, Huh & Sfty) Sherryl Catchpole Medical Pty Ltd PO Box 120 Margate Beach 4019 Phone & Fax 07 3283 4382 e-mail sherrylcatchpole a@hotmail.com 4 July 2003 The Productivity

More information

WORKERS REHABILITATION AND COMPENSATION BILL 2009 SECOND READING SPEECH. Mr Speaker, I move that this Bill now be read for a second

WORKERS REHABILITATION AND COMPENSATION BILL 2009 SECOND READING SPEECH. Mr Speaker, I move that this Bill now be read for a second WORKERS REHABILITATION AND COMPENSATION BILL 2009 SECOND READING SPEECH Mr Speaker, I move that this Bill now be read for a second time. Mr Speaker, this is a Bill to amend the Workers Rehabilitation and

More information

DEECD Corporate WorkSafe policy guide January 2013

DEECD Corporate WorkSafe policy guide January 2013 DEECD Corporate WorkSafe policy guide January 2013 Published by the Communications Division for Human Resources Division Department of Education and Early Childhood Development Melbourne January 2013 State

More information

SGEU Recommendations to Workers' Compensation Board 2006 Committee of Review

SGEU Recommendations to Workers' Compensation Board 2006 Committee of Review SGEU Recommendations to Workers' Compensation Board 2006 Committee of Review The Saskatchewan Government and General Employees Union (SGEU) represents some 22,000 public sector workers in the province.

More information

NSW Sports Federation: Workers Compensation Reforms

NSW Sports Federation: Workers Compensation Reforms NSW Sports Federation: Workers Compensation Reforms Wednesday, 23 October 2013 Sonya Jenkins Manager Commercial Services Workers compensation insurance division 1 Outline Workers Compensation legislative

More information

Introduction. Unions NSW Survey

Introduction. Unions NSW Survey Unions NSW Workers Compensation Survey Report 2014 Introduction 1. On June 19 2012, the NSW Liberal Government introduced changes to workers compensation that significantly cut the rights and entitlements

More information

understanding your household workers insurance policy A guide to your policy cover and conditions

understanding your household workers insurance policy A guide to your policy cover and conditions understanding your household workers insurance policy A guide to your policy cover and conditions HHWPG August 2014 contents About WorkCover Queensland 3 About your household workers insurance policy 3

More information

GIO Workers Compensation Australian Capital Territory

GIO Workers Compensation Australian Capital Territory GIO Workers Compensation Australian Capital Territory Injury Management Program ACT Injury Management Program This document is a guide for employers and workers to understand the framework of Injury Management

More information

A Guide to the Workplace Injury Rehabilitation and Compensation Act 2013. Edition No. 1 2014

A Guide to the Workplace Injury Rehabilitation and Compensation Act 2013. Edition No. 1 2014 A Guide to the Workplace Injury Rehabilitation and Compensation Act 2013 Edition No. 1 2014 Contents FOREWORD 1 INTRODUCTION 2 HOW TO USE THIS GUIDE 2 Finding key provisions within the Workplace Injury

More information

understanding your workplace personal injury insurance policy A guide to your policy cover and conditions

understanding your workplace personal injury insurance policy A guide to your policy cover and conditions understanding your workplace personal injury insurance policy A guide to your policy cover and conditions WPIIPG September 2013 contents About WorkCover Queensland 3 About your workplace personal injury

More information

EXECUTIVE SUMMARY. Associated Industries Of Florida

EXECUTIVE SUMMARY. Associated Industries Of Florida EXECUTIVE SUMMARY Proposed "WORKERS' COMPENSATION REFORM ACT OF 2001 Recommended by Associated Industries Of Florida There is a major crisis looming on the horizon on the Florida's Workers'' Compensation

More information

RESPONSE TO PRODUCTIVITY COMMISSION S INTERIM REPORT ON NATIONAL WORKERS COMPENSATION AND OCCUPATIONAL HEALTH AND SAFETY FRAMEWORKS

RESPONSE TO PRODUCTIVITY COMMISSION S INTERIM REPORT ON NATIONAL WORKERS COMPENSATION AND OCCUPATIONAL HEALTH AND SAFETY FRAMEWORKS RESPONSE TO PRODUCTIVITY COMMISSION S INTERIM REPORT ON NATIONAL WORKERS COMPENSATION AND OCCUPATIONAL HEALTH AND SAFETY FRAMEWORKS 30 JANUARY 2004 1. INTRODUCTION The Chamber of Minerals and Energy of

More information

Questions and Answers

Questions and Answers Questions and Answers A: Background A1. What are you consulting on? In December 2010 the Government agreed in principle to the introduction of choice in the Work Account, as part of a package of measures

More information

Workers Compensation claim form

Workers Compensation claim form Form Workers Compensation claim form STOP - this form is available to be filled in electronically on the NT WorkSafe web site www.worksafe.nt.gov.au. Fill the form in electronically then save a copy to

More information

Role of an Approved Medical Specialist. Information for Medical Practitioners

Role of an Approved Medical Specialist. Information for Medical Practitioners Role of an Approved Information for Medical Practitioners About WorkCover WA WorkCover WA is the government authority responsible for overseeing the workers compensation and injury management system in

More information

One of the Australian Government s core economic policy objectives is improving Australia s productive capacity.

One of the Australian Government s core economic policy objectives is improving Australia s productive capacity. Outcome 4: Safer, fairer and more productive workplaces for employers and employees by promoting and supporting the adoption of fair and flexible workplace arrangements and safer working arrangements Outcome

More information

in line with the worker s capacity for work meaningful provided for the purpose of increasing a worker s capacity for work.

in line with the worker s capacity for work meaningful provided for the purpose of increasing a worker s capacity for work. 1 Questions and answers for employers 17 October 2012 Return to work 1. What are employers return to work obligations? Employers have an obligation to provide suitable employment (where reasonably practicable)

More information

Fault versus No Fault for Personal Injury

Fault versus No Fault for Personal Injury Fault versus No Fault for Personal Injury Reviewing the International Evidence Kirsten Armstrong & Daniel Tess PricewaterhouseCoopers Who Cares? Accident Comp insurance is General Insurance Very much a

More information

1. TERMS OF REFERENCE 1 2. INTRODUCTION 2 3. ACTION ITEMS 7 4. SUPPORTING COMMENTS ON THE ACTION ITEMS 11 5. LAWYERS AND LEGAL ADVICE 19

1. TERMS OF REFERENCE 1 2. INTRODUCTION 2 3. ACTION ITEMS 7 4. SUPPORTING COMMENTS ON THE ACTION ITEMS 11 5. LAWYERS AND LEGAL ADVICE 19 Table of contents Page 1. TERMS OF REFERENCE 1 2. INTRODUCTION 2 3. ACTION ITEMS 7 4. SUPPORTING COMMENTS ON THE ACTION ITEMS 11 5. LAWYERS AND LEGAL ADVICE 19 6. MODIFICATION TO THE COMCARE WEBSITE 24

More information

REGULATION OF SERVICE PROVIDERS IN THE NSW WORKERS COMPENSATION SYSTEM. Submission to WorkCover March 2011

REGULATION OF SERVICE PROVIDERS IN THE NSW WORKERS COMPENSATION SYSTEM. Submission to WorkCover March 2011 REGULATION OF SERVICE PROVIDERS IN THE NSW WORKERS COMPENSATION SYSTEM Submission to WorkCover March 2011 Executive Summary In many regards, the interests of employers and workers as key stakeholders in

More information

MAURICE BLACKBURN LAWYERS ROAD ACCIDENT INJURIES SOUTH AUSTRALIA

MAURICE BLACKBURN LAWYERS ROAD ACCIDENT INJURIES SOUTH AUSTRALIA MAURICE BLACKBURN LAWYERS ROAD ACCIDENT INJURIES SOUTH AUSTRALIA 02 MAURICE BLACKBURN YOU RE WORTH FIGHTING FOR. If you are hurt, injured, or are facing an unfair situation, you and your family shouldn

More information

Reforming the NSW Workers Compensation System. Rob Thomson General Manager, Workers Compensation WorkCover NSW

Reforming the NSW Workers Compensation System. Rob Thomson General Manager, Workers Compensation WorkCover NSW Reforming the NSW Workers Compensation System Rob Thomson General Manager, Workers Compensation WorkCover NSW Outline NSW System overview NSW Scheme performance Reforming the NSW System Recent initiatives

More information

Part 1 To be filled in by the worker. The following information is provided as guidance to workers filling in Part 1.

Part 1 To be filled in by the worker. The following information is provided as guidance to workers filling in Part 1. Form Workers compensation claim form Part 1 To be filled in by the worker. The following information is provided as guidance to workers filling in Part 1. Notify your employer of your injury or disease

More information

S.I.A Sydney Safety Conference

S.I.A Sydney Safety Conference S.I.A Sydney Safety Conference Harmonised Work Health and Safety Laws Presenter: Bill Kritharas, Partner Date: 23 October 2012 adelaide brisbane canberra melbourne newcastle perth sydney upper hunter Introduction

More information

Your Rights Under the Missouri Workers Compensation Law

Your Rights Under the Missouri Workers Compensation Law Your Rights Under the Missouri Workers Compensation Law All states have workers compensation laws. The Missouri Workers Compensation Law is contained in Chapter 287 of the Revised Statutes of Missouri.

More information

ISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS

ISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE ISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS June 2013 Legal Policy Division Department of the Attorney-General and Justice

More information

Form Workers compensation claim form

Form Workers compensation claim form Form Workers compensation claim form Part 1 of the claim form is to be filled in by the worker. The following information is provided as guidance to workers filling in Part 1 Notify your employer of your

More information

AUSTRALIAN MARITIME OFFICERS UNION (AMOU) AND MARITIME UNION OF AUSTRALIA (MUA) SUBMISSION TO SEACARE REVIEW 2010 to 2015 STRATEGIC PLAN MAY 2011

AUSTRALIAN MARITIME OFFICERS UNION (AMOU) AND MARITIME UNION OF AUSTRALIA (MUA) SUBMISSION TO SEACARE REVIEW 2010 to 2015 STRATEGIC PLAN MAY 2011 AUSTRALIAN MARITIME OFFICERS UNION (AMOU) AND MARITIME UNION OF AUSTRALIA (MUA) SUBMISSION TO SEACARE REVIEW 2010 to 2015 STRATEGIC PLAN MAY 2011 Q1. Can changes be made to the OHS regulatory arrangements

More information

Work within the workers compensation industry sector

Work within the workers compensation industry sector Work within the workers compensation industry sector Learner Guide OHSA PO Box 336 PALM BEACH QLD 4221 P: 1300 647 200 F: 07 5559 5661 E: rrtwc@ohsa.com.au 2 P a g e Work within the workers compensation

More information

NSW Workers Compensation System

NSW Workers Compensation System NSW Workers Compensation System In June 2012, the NSW Liberal Government implemented a series of drastic cuts to the workers compensation system. NSW Labor has committed to repealing these cuts. Unions

More information

Audit summary. 1.1 Introduction

Audit summary. 1.1 Introduction 1 Audit summary 1.1 Introduction 1.1.1 Background The WorkCover scheme encompasses injury prevention and offers rehabilitation and compensation for workers suffering work-related injuries and illnesses.

More information

NEWSLETTER WORKERS COMPENSATION LEGISLATION AMENDMENT BILL 2012

NEWSLETTER WORKERS COMPENSATION LEGISLATION AMENDMENT BILL 2012 NEW Law Pty Ltd ABN 51 148 002 368 50 O Dea Avenue Waterloo NSW 2017 NEWSLETTER WORKERS COMPENSATION LEGISLATION AMENDMENT BILL 2012 Last week the NSW Government put through a bill to amend the Workers

More information

Performance management program

Performance management program Performance management program For Queensland workers compensation insurers First issued: 28th October 2003 Due for review: June 2012 Version 6 State Government of Queensland (Q-COMP) 2009 Contents Introduction...3

More information

Review of Section 38 (Benefits), Workers Compensation Act

Review of Section 38 (Benefits), Workers Compensation Act Legislative Review of Workers Compensation Review of Section 38 (Benefits), Workers Compensation Act Discussion Paper May 2015 Discussion Paper May 2015 Published by: Province of New Brunswick P.O. Box

More information

Contents. Union Representatives Workers Compensation Handbook

Contents. Union Representatives Workers Compensation Handbook Contents Introduction......................................................... 4 Union Representative s role........................................ 4 Workers Compensation a new approach................................

More information

Accident Compensation Amendment Act March 2010

Accident Compensation Amendment Act March 2010 C Circulate to: A Assistance BIZassistInfoline: 1300 78 38 44 Or email: bizassistinfoline@aigroup.asn.au Accident Compensation Amendment Act March 2010 Background On 10 December 2007, the Victorian Government

More information

2012 Reforms to NSW Workers Compensation Scheme The Safety Conference

2012 Reforms to NSW Workers Compensation Scheme The Safety Conference 2012 Reforms to NSW Workers Compensation Scheme The Safety Conference Rhett Slocombe Sparke Helmore Lawyers October 2012 adelaide brisbane canberra melbourne newcastle perth sydney upper hunter Overview

More information

Comparative Review of Workers Compensation Systems in Select Jurisdictions SASKATCHEWAN

Comparative Review of Workers Compensation Systems in Select Jurisdictions SASKATCHEWAN of Workers Compensation Systems in Select Jurisdictions JURISDICTION: SASKATCHEWAN ENVIRONMENT Population Size Labour Force Demographic and Economic Indicators 1,015,600 (1995, Stats Canada) 494,000 (1995,

More information

INJURY MANAGEMENT POLICY FOR DIOCESAN SYSTEMIC SCHOOLS

INJURY MANAGEMENT POLICY FOR DIOCESAN SYSTEMIC SCHOOLS Catholic Schools Office INJURY MANAGEMENT POLICY FOR DIOCESAN SYSTEMIC SCHOOLS OPERATIONAL POLICY May 2015 Injury Management Policy Page 1 PURPOSE The purpose of this policy is to provide all employees

More information

This information is for members of the NSW Teachers Federation who are employed in schools, colleges, AMES centres and related workplaces.

This information is for members of the NSW Teachers Federation who are employed in schools, colleges, AMES centres and related workplaces. Workers Compensation This information is for members of the NSW Teachers Federation who are employed in schools, colleges, AMES centres and related workplaces. The information provided is based on the

More information

SELF-INSURANCE OF WORKERS COMPENSATION

SELF-INSURANCE OF WORKERS COMPENSATION SELF-INSURANCE OF WORKERS COMPENSATION Information for: STAFF Page 2 SUPERVISORS & MANAGERS Page 5 TREATING DOCTORS Page 7 REPORTING PROCEDURE Page 8 Self-Insurance of Workers Compensation Revised February

More information

CHEMSKILL RETURN TO WORK AND RISK MANAGEMENT PROTOCOL (This document can be found under the Contractor s Section at www.chemskill.com.au.

CHEMSKILL RETURN TO WORK AND RISK MANAGEMENT PROTOCOL (This document can be found under the Contractor s Section at www.chemskill.com.au. CHEMSKILL RETURN TO WORK AND RISK MANAGEMENT PROTOCOL (This document can be found under the Contractor s Section at www.chemskill.com.au.) ChemSkill is committed to providing a safe and healthy work environment

More information

WORKERS COMPENSATION AND INJURY MANAGEMENT FACT SHEET 10 INFORMATION ON TRUSTS

WORKERS COMPENSATION AND INJURY MANAGEMENT FACT SHEET 10 INFORMATION ON TRUSTS WORKERS COMPENSATION AND INJURY MANAGEMENT FACT SHEET 10 INFORMATION ON TRUSTS The purpose of this fact sheet is to provide a guide to employers, accountants, insurers/agents, auditors and other interested

More information

Injured Worker s Guide to. Best Practice Return to Work for a Stress Injury

Injured Worker s Guide to. Best Practice Return to Work for a Stress Injury Injured Worker s Guide to Best Practice Return to Work for a Stress Injury The best practice return to work guidelines for a stress injury were developed by the Australian Services Union with the support

More information

There can be a lot of details in any property transaction and we know what to look for, and when they need to be looked at.

There can be a lot of details in any property transaction and we know what to look for, and when they need to be looked at. There can be a lot of details in any property transaction and we know what to look for, and when they need to be looked at. To make sure the transaction goes smoothly, our experienced team will work with

More information

MANAGING ILL OR INJURED WORKERS BEST PRACTICE GUIDE

MANAGING ILL OR INJURED WORKERS BEST PRACTICE GUIDE MANAGING ILL OR INJURED WORKERS BEST PRACTICE GUIDE Australia An employee has been absent on a number of occasions. The medical certificates state that the employee is suffering from a medical condition.

More information

National Trends and Developments in Workers Compensation

National Trends and Developments in Workers Compensation Over the last 25 years, injured and ill workers rights have been rolled back in many states. At the same time, employers are emboldened by today's economy to pressure workers not to exercise the few rights

More information

THE CASE FOR COMPULSORY THIRD PARTY INSURANCE REFORM IN THE AUSTRALIAN CAPITAL TERRITORY

THE CASE FOR COMPULSORY THIRD PARTY INSURANCE REFORM IN THE AUSTRALIAN CAPITAL TERRITORY 240 CANBERRA LAW REVIEW [(2011) THE CASE FOR COMPULSORY THIRD PARTY INSURANCE REFORM IN THE AUSTRALIAN CAPITAL TERRITORY JON STANHOPE Sixty years ago, on 14 November 1947, Herbert Victor Johnson, Minister

More information

Rehabilitation and Return to Work Policy. Overview. Purpose. Scope. Policy

Rehabilitation and Return to Work Policy. Overview. Purpose. Scope. Policy Rehabilitation and Return to Work Policy Overview At NBN Co we are safe, disciplined and reliable. We act on our responsibilities to identify and remove potential and recognised risk to a healthy and safe

More information

Consultation Report. Consultation Report: Personal Injuries (Liabilities and Damages) Act - Assessments of Permanent Impairment JUNE 2015

Consultation Report. Consultation Report: Personal Injuries (Liabilities and Damages) Act - Assessments of Permanent Impairment JUNE 2015 DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE Consultation Report Consultation Report: Personal Injuries (Liabilities and Damages) Act - Assessments of Permanent Impairment JUNE 2015 Legal Policy 68 The

More information

Proposed changes to the Comcare scheme

Proposed changes to the Comcare scheme Proposed changes to the Comcare scheme Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014 (Cth) Submission to Senate Standing Committee on Education and Employment Inquiry into the

More information

priorities, initiatives and requirements for WorkCover. 1.2. This Charter has been prepared pursuant to section 17A of the

priorities, initiatives and requirements for WorkCover. 1.2. This Charter has been prepared pursuant to section 17A of the WORKCOVERCORPORATION CHARTER I. Purpose 1.1. This Charter sets out the Minister and the Treasurer's key strate to priorities, initiatives and requirements for WorkCover. 1.2. This Charter has been prepared

More information

Key Workers Compensation Information, Australia

Key Workers Compensation Information, Australia Key Workers Compensation Information, 2013 Disclaimer The information provided in this document can only assist you in the most general way. This document does not replace any statutory requirements under

More information

Injury Claim Policy in Plain Language. Don Seidlitz Team Leader, Case Management

Injury Claim Policy in Plain Language. Don Seidlitz Team Leader, Case Management Injury Claim Policy in Plain Language Don Seidlitz Team Leader, Case Management Our Authority - Jurisdiction Section 20 The board has exclusive jurisdiction to examine, hear and determine: (a) whether

More information

MAURICE BLACKBURN LAWYERS ROAD ACCIDENT INJURIES / MVA WESTERN AUSTRALIA

MAURICE BLACKBURN LAWYERS ROAD ACCIDENT INJURIES / MVA WESTERN AUSTRALIA MAURICE BLACKBURN LAWYERS ROAD ACCIDENT INJURIES / MVA WESTERN AUSTRALIA 02 MAURICE BLACKBURN YOU RE WORTH FIGHTING FOR. If you are hurt, injured, or are facing an unfair situation, you and your family

More information