Workers Compensation Amendment Act 2017 (ACT)
Workers Compensation Amendment Act 2017
A2017-49
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
Part 2Workers Compensation Act 1951
4 Employment-related diseasesSection 28 3
5 Definitions—pt 4.3Section 36G (1), new definition of pension age 3
6 When do weekly compensation payments begin etc?New section 38 (4) and (5) 3
7 Entitlement to weekly compensation for first 26 weeks of incapacitySection 39 (3) (b) and (c) 4
8 Entitlement to weekly compensation after first 26 weeks of incapacitySection 40 (4) (a) and (b) 4
9 Death benefitsSection 77 (2) (a) and (b) 4
10 Section 77 (2) (c) and (6) 5
11 New section 77 (7) 5
Part 3Workers Compensation Regulation 2002
12 Schedule 1 6
Schedule 1 Magistrates Court (Workers Compensation Infringement Notices) Regulation 2006 18
Workers Compensation Amendment Act 2017
A2017-49
An Act to amend the Workers Compensation Act 1951 and the Workers Compensation Regulation 2002, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1Preliminary
Name of Act
This Act is the Workers Compensation Amendment Act 2017.
Commencement
(1)Sections 5, 7 and 8 are taken to have commenced on 1 July 2017.
(2)The remaining provisions commence on the day after this Act’s notification day.
Legislation amended
This Act amends the Workers Compensation Act 1951 and the Workers Compensation Regulation 2002.
NoteThis Act also amends the Magistrates Court (Workers Compensation Infringement Notices) Regulation 2006 (see sch 1).
Part 2Workers Compensation Act 1951
Employment-related diseases
Section 28omit
a contributing factor
substitute
a substantial contributing factor
Definitions—pt 4.3
Section 36G (1), new definition of pension ageinsert
pension age has the meaning given by the Social Security Act 1991 (Cwlth), section 23 (5A), (5B), (5C) and (5D).
When do weekly compensation payments begin etc?
New section 38 (4) and (5)insert
(4)An employer commits an offence if the employer—
(a)is required under subsection (1) to begin the payment of workers compensation to a worker; and
(b)fails to comply with the requirement.
Maximum penalty: 10 penalty units.
(5)An offence against this section is a strict liability offence.
Entitlement to weekly compensation for first 26 weeks of incapacity
Section 39 (3) (b) and (c)substitute
(b)if the worker was, on the initial incapacity date for the injury, younger than the pension age by more than 2 years—for any period after the worker reaches pension age; or
(c)if the worker was, on the initial incapacity date for the injury, younger than the pension age by 2 years or less—for any period more than 2 years after the initial incapacity date.
Entitlement to weekly compensation after first 26 weeks of incapacity
Section 40 (4) (a) and (b)substitute
(a)if the worker was, on the initial incapacity date for the injury, younger than the pension age by more than 2 years—for any period after the worker reaches pension age; or
(b)if the worker was, on the initial incapacity date for the injury, younger than the pension age by 2 years or less—for any period more than 2 years after the initial incapacity date.
Death benefits
Section 77 (2) (a) and (b)substitute
(a)a single lump sum payment of $539 002.37 wpi indexed to be divided between the dependants;
(b)for each dependant who is a child—weekly compensation of $148.23 wpi indexed;
Section 77 (2) (c) and (6)
omit
$4 000
substitute
$11 828.87
New section 77 (7)
insert
(7)In this section:
WPI means the Wage Price Index number published by the Australian Statistician.
wpi indexed, for an amount, means the amount as adjusted in line with any adjustment in the WPI since the commencement of the provision in which the amount appears.
Part 3Workers Compensation Regulation 2002
Schedule 1
substitute
Schedule 1Diseases related to employment
(see s 96)
NoteThis table is derived from Deemed Diseases in Australia published by Safe Work Australia in August 2015. The report is accessible at align="left">Part 7 of the report includes recommended guidance material on each disease itemised in the table. The material provides guidance on whether or not a claim might be appropriate given the current knowledge about the disease and its relationship to relevant exposures.
| column 1 item | column 2 disease | column 3 employment |
| INFECTIOUS DISEASE | ||
| 1 | Anthrax | employment involving work with animals or animal carcasses (for example employment as an animal handler, pelt handler, abattoir worker, or meat inspector) |
| 2 | Brucellosis | employment involving work with animals or animal carcasses (for example employment as a veterinarian, farmer or farm worker, abattoir worker or laboratory worker) |
| 3 | Hepatitis A | employment involving contact with human waste (for example employment as a child care worker, carer of intellectually disabled people, worker in a rural or remote indigenous community, sewage worker or plumber) |
| 4 | Hepatitis B and C | employment involving contact with human bodily secretions (for example employment as a health care worker, embalmer, person who handles body substances, clinical laboratory staff, worker in long-term correctional facilities, police, member of the armed forces or emergency services worker) |
| 5 | HIV/AIDS | health care worker or laboratory worker who becomes HIV positive after a needlestick injury |
| 6 | Leptospirosis | employment involving work with animals or animal carcasses (for example employment as a farmer or farm worker, abattoir worker, forestry worker, hunter, veterinarian or livestock transport operator) or work with animal or human waste (for example employment as a plumber) |
| 7 | Orf | employment involving work with sheep or sheep carcasses (for example employment as a sheep farmer or farm worker, goat farmer or farm worker, abattoir worker or meat inspector) |
| 8 | Q fever | employment involving contact with animals or animal parts in a rural setting (for example an abattoir worker, stock worker, stock transporter, shearer, hide processor, farmer or veterinary surgeon) |
| 9 | Tuberculosis | employment involving contact with people or animals in situations where tuberculosis prevalence is likely to be significantly higher than the general community (for example employment as a health worker, clinical laboratory worker, funeral parlour staff, farmer or veterinary surgeon), or person with silicosis |
| MALIGNANCY | ||
| 10 | Salivary gland | employment involving exposure to ionizing radiation |
| 11 | Nasopharynx | employment involving exposure to formaldehyde or wood dust |
| 12 | Oesophagus | employment involving exposure to ionizing radiation |
| 13 | Stomach | employment involving exposure to ionizing radiation |
| 14 | Colon and rectum | employment involving exposure to ionizing radiation |
| 15 | Liver | employment involving exposure to vinyl chloride monomer, Hepatitis B virus or Hepatitis C virus |
| 16 | Nasal cavity and para‑nasal sinuses | employment involving exposure to ionizing radiation, leather dust, nickel or wood dust |
| 17 | Larynx | employment involving exposure to strong inorganic acid mist or asbestos |
| 18 | Lung | employment involving exposure to arsenic, asbestos, beryllium, bis(chloromethyl)ether, cadmium, chromium VI, diesel engine exhaust, environmental tobacco smoke, ionizing radiation, nickel, polycyclic aromatic hydrocarbons, Radon-222 and its decay products, silica dust (crystalline) or soot (chimney sweeping) |
| 19 | Bone | employment involving exposure to ionizing radiation |
| 20 | Skin (melanoma) | employment involving exposure to solar radiation or polychlorinated biphenyls |
| 21 | Skin (non-melanoma) | employment involving exposure to ionizing radiation, polycyclic aromatic hydrocarbons or solar radiation |
| 22 | Mesothelioma | employment involving exposure to asbestos |
| 23 | Breast (female) | employment involving exposure to ionizing radiation |
| 24 | Ovary | employment involving exposure to asbestos |
| 25 | Kidney | employment involving exposure to ionizing radiation or tricholoroethylene |
| 26 | Bladder | employment involving exposure to 2-naphthylamine, benzidine, cyclophosphamide, ionizing radiation, ortho-toluidine, polycyclic aromatic hydrocarbons associated with aluminium production |
| 27 | Brain | employment involving exposure to ionizing radiation |
| 28 | Thyroid | employment involving exposure to ionizing radiation |
| 29 | Leukaemia (excluding chronic lymphatic leukaemia) | employment involving exposure to benzene, butadiene, cyclophosphamide, formaldehyde, Hepatitis C virus or ionizing radiation |
| 30 | Non-Hodgkin's Lymphoma | employment involving exposure to ionizing radiation |
| DISEASES OF THE NERVOUS SYSTEM | ||
| 31 | Parkinson's disease | employment involving exposure to manganese |
| 32 | Peripheral neuropathy | employment involving exposure to metals (for example lead, mercury and arsenic), organic solvents (for example n-hexane, carbon disulphide and trichloroethylene), pesticides (for example organophosphates) or acrylamide |
| 33 | Noise induced hearing loss | employment involving exposure to persistent or intermittent noise above 85dB(A) |
| RESPIRATORY DISEASES | ||
| 34 | Occupational asthma (excluding pre-existing asthma worsened due to exposure to workplace irritants) | employment involving exposure to sensitising agents or irritants |
| 35 | Coal workers' pneumoconiosis | employment involving exposure to coal |
| 36 | Asbestosis | employment involving exposure to asbestos |
| 37 | Silicosis | employment involving exposure to silica |
| 38 | Other pneumoconiosis | involving exposure known to occasionally cause pneumoconiosis (for example beryllium, tin, iron oxide, barium, aluminium, cobalt or tungsten) |
| 39 | Byssinosis | employment involving exposure to cotton, flax, hemp or sisal dust |
| 40 | Extrinsic allergic alveolitis | employment involving exposure to damp material of biological origin (for example mouldy hay, straw, grain and feathers) |
| HEPATIC DISEASES | ||
| 41 | Non-infectious hepatitis | employment involving exposure to agents known to cause hepatitis (particularly organic solvents) |
| 42 | Chronic active hepatitis | employment involving contact with human bodily secretions (for example employment as a health care worker, embalmer, person who handles body substances, clinical laboratory staff, worker in long-term correctional facilities, police, member of the armed forces or emergency services worker) – for a person with known Hepatitis B Virus (HBV) or Hepatitis C Virus (HCV), where the HBV or HCV was contracted through the employment |
| 43 | Hepatic cirrhosis | employment involving contact with human bodily secretions (for example employment as a health care worker, embalmer, person who handles body substances, clinical laboratory staff, worker in long-term correctional facilities, police, member of the armed forces or emergency services worker) – for a person with known Hepatitis B Virus (HBV) or Hepatitis C Virus (HCV), where the HBV or HCV was contracted through the employment |
| SKIN DISEASES | ||
| 44 | Contact dermatitis (irritant and allergic) | employment involving exposure to sensitising agents or irritants |
| 45 | Occupational vitiligo | employment involving exposure to para-tertiary-butylphenol, para‑tertiary-butylcatechol, para‑amylphenol, hydroquinone, or the monobenzyl or monobutyl ether of hydroquinone |
| MUSCULOSKELETAL DISEASES | ||
| 46 | Raynaud's disease | employment involving exposure to vibration from powered tools and equipment |
| 47 | Bursitis (at the elbow or knee) | employment involving prolonged external friction or pressure or repetitive motion at or about the elbow or the knee |
| ACUTE POISONING/TOXICITY | ||
| 48 | Acute poisoning/toxicity (includes acute damage to the heart, lungs, liver, kidney, nervous system and blood) | employment involving exposure to acrylonitrile, alcohols, antimony, arsenic, benzene, beryllium, cadmium, carbon disulphide, chromium, copper, fluorine, glycols, hexane, ketones, lead, manganese, mercury, mineral acids, nitroglycerine or other nitric acid esters, osmium, oxides of nitrogen, ozone, pesticides consisting of organophosphate and organochlorine compounds, herbicides and related compounds, pharmaceutical agents, phosgene, phosphorus, selenium, styrene, thallium, tin, toluene, vanadium, zinc, |
Schedule 1Magistrates Court (Workers Compensation Infringement Notices) Regulation 2006
(see s 3)
[1.1]Schedule 1
substitute
Schedule 1Workers Compensation Act infringement notice offences and penalties
(see s 7 and s 8)
| column 1 item | column 2 offence provision, and if relevant, case | column 3 offence penalty (penalty units) | column 4 infringement penalty ($) |
| 1 | 38 (4) | 10 | 300 |
| 2 | 90 (1) | 10 | 300 |
| 3 | 92 (3) | 50 | 1 500 |
| 4 | 94A (1) | 50 | 1 500 |
| 5 | 94B (1) | 50 | 1 500 |
| 6 | 94B (2) | 50 | 1 500 |
| 7 | 109 (1) | 10 | 300 |
| 8 | 109 (2) | 10 | 300 |
| 9 | 126 (1) | 50 | 1 500 |
| 10 | 126A (2) | 50 | 1 500 |
| 11 | 142 (1) | 50 | 1 500 |
| 12 | 147A (2) | 50 | 1 500 |
| 13 | 147A (3) | 50 | 1 500 |
| 14 | 153 (1) | 50 | 1 500 |
| 15 | 154 (1) | 10 | 300 |
| 16 | 155 (3) | 50 | 1 500 |
| 17 | 156 (3) | 50 | 1 500 |
| 18 | 157 (2) | 50 | 1 500 |
| 19 | 158 (3) | 50 | 1 500 |
| 20 | 161 (1), if authorised person under s 161 is inspector | 50 | 1 500 |
| 21 | 164 (6) | 50 | 1 500 |
| 22 | 176 (1) | 50 | 1 500 |
| 23 | 178 (2) | 10 | 300 |
| 24 | 178 (4) | 10 | 300 |
| 25 | 190 (3) | 50 | 1 500 |
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 31 October 2017.
Notification
Notified under the Legislation Act on 12 December 2017.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Workers Compensation Amendment Bill 2017, which was passed by the Legislative Assembly on 30 November 2017.
Clerk of the Legislative Assembly
© Australian Capital Territory 2017
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