Workers Compensation Amendment (Death Benefits) Regulation 2016 (NSW)

New South Wales

Workers Compensation Amendment (Death

Benefits) Regulation 2016

under the

Workers Compensation Act 1987

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Workers Compensation Act 1987.

VICTOR DOMINELLO, MP

Minister for Innovation and Better Regulation

Explanatory note
The object of this Regulation is to remove a restriction that prevented the increased death benefits provided
for by the Workers Compensation Amendment Act 2015 from applying to coal miners. The lump sum
compensation payable in respect of the death of a worker was increased from $524,000 to $750,000, and

the compensation payable in respect of the funeral expenses of a deceased worker was increased from regulation-making power) and Part 19I and Part 20 of Schedule 6.

$9,000 to $15,000, in respect of deaths occurring on or after 5 August 2015.

Workers Compensation Amendment (Death Benefits) Regulation 2016 [NSW]

Workers Compensation Amendment (Death Benefits) Regulation

2016

under the

Workers Compensation Act 1987

1      Name of Regulation

This Regulation is the Workers Compensation Amendment (Death Benefits)
Regulation 2016.

2      Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

3 Amendment of Workers Compensation Regulation 2016

Schedule 8 Savings and transitional provisions

Insert after clause 37:

37A	Application of death benefits amendments to coal miners
(1) Clause 15 of Part 19I of Schedule 6 to the 1987 Act does not apply, and is taken never to have applied, to the amendments made by Schedule 1 to the Workers Compensation Amendment Act 2015 to sections 25 and 26 of the 1987 Act.

Note. The effect of this subclause is that sections 25 and 26 of the 1987 Act, as amended by Schedule 1 to the Workers Compensation Amendment Act 2015, apply in respect of deaths of coal miners occurring on or after 5 August 2015.

(2) The provisions of Part 19I of Schedule 6 to the 1987 Act are deemed to
have been amended as necessary to give effect to this clause.