Workers Compensation Amendment Act 2020 (ACT)

Case

Workers Compensation Amendment Act 2020

A2020-6

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Legislation repealed  2

5            Meaning of workerChapter 3 heading, note 1  2

6            Chapter 3 heading, note 2  2

7           Liability of principal for uninsured contractor’s injured workerSection 13 (5)  3

8            Section 16A heading  3

9            Section 16A (1) and (2)  3

10          Section 16A (5)  3

11          Approved insurers must give informationSection 168 (1) (a)  4

12          Section 168 (3)  4

13          New chapter 20  4

Workers Compensation Amendment Act 2020

A2020-6

An Act to amend the Workers Compensation Act 1951, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Workers Compensation Amendment Act 2020.

  2. Commencement

    This Act commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the Workers Compensation Act 1951.

  4. Legislation repealed

    The following legislation is repealed:

    ·     Workers Compensation (Family Day Care and In-Home Care) Declaration 2006 (No 1) (NI2006-351)

    ·     Workers Compensation (Family Day Care and In-Home Care) Declaration 2018 (No 1) (NI2018-415).

  5. Meaning of worker
    Chapter 3 heading, note 1

    omit

    ·     family day care carer (s 16A)

    substitute

    ·     family day care educator (s 16A)

  6. Chapter 3 heading, note 2

    omit

    carers

    substitute

    educators

  7. Liability of principal for uninsured contractor’s injured worker
    Section 13 (5)

    substitute

    (5)Nothing in this section prevents a worker claiming compensation—

    (a)against a contractor instead of a principal; or

    (b)if both the contractor and principal are uninsured—against the DI fund.

  8. Section 16A heading

    substitute

16AFamily day care educators

  1. Section 16A (1) and (2)

    substitute

    (1)An educator engaged by an approved family day care service is taken to be a worker of the service.

    (2)Also, the Minister may make a declaration for this section—

    (a)if requested by an approved family day care service; or

    (b)on the Minister’s own initiative, if the Minister considers that people engaged by an approved family day care service should be treated as workers of the service.

  2. Section 16A (5)

    substitute

    (5)In this section:

    approved family day care service—see the Education and Care Services National Law (ACT), section 5 (1).

    educator—see the Education and Care Services National Law (ACT), section 5 (1).

    NoteThe Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).

  3. Approved insurers must give information
    Section 168 (1) (a)

    omit

    earned premium

    substitute

    gross written premiums

  4. Section 168 (3)

    omit

  5. New chapter 20

    insert

Chapter 20Transitional—Workers Compensation Amendment Act 2020

  1. Meaning of amendment Act—ch 20

    In this chapter:

    amendment Act means the Workers Compensation Amendment Act 2020.

  2. Effect of Workers Compensation (Family Day Care and In‑Home Care) Declaration 2006 (No 1)

    The Workers Compensation (Family Day Care and In-Home Care) Declaration 2006 (No 1) (NI2006-351) is taken to have had effect—

    (a)on and after 2 July 2018 until it is repealed by the amendment Act; and

    (b)for all purposes as if the references in the declaration to approved family day care service and approved in-home care service were references to approved family day care service within the meaning of the Education and Care Services National Law (ACT), section 5 (1).

  3. Effect of Workers Compensation (Family Day Care and In‑Home Care) Declaration 2018 (No 1)

    The Workers Compensation (Family Day Care and In-Home Care) Declaration 2018 (No 1) (NI2018-415) is taken to have had effect—

    (a)on and after 1 September 2018 until it is repealed by the amendment Act; and

    (b)for all purposes as if the references in the declaration to approved family day care service and approved in-home care service were references to approved family day care service within the meaning of the Education and Care Services National Law (ACT), section 5 (1).

  4. Expiry—ch 20

    This chapter expires on the day it commences.

    Note 1If a law validates something, the validating effect of the law does not end only because of the repeal of the law (see Legislation Act, s 88 (1)).

    Note 2The expiry of transitional provisions does not end their effect (see Legislation Act, s 88).

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 19 September 2019.

  2. Notification

    Notified under the Legislation Act on 27 February 2020.

  3. 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 2020, which originated in the Legislative Assembly as the Workers Compensation Amendment Bill 2019 and was passed by the Assembly on 20 February 2020.

    Acting Clerk of the Legislative Assembly

    © Australian Capital Territory 2020

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