An Act to amend the Workers Compensation Act 1987, the Workplace Injury Management and Workers Compensation Act 1998 and other Acts to make further provision for funds investment, insurance policies, appeals, self-insurers and assessment of sporting injuries; and for other purposes.
This Act is the Workers Compensation Legislation Amendment Act 2004.
This Act commences on a day or days to be appointed by proclamation, except as provided by this section.
Schedule 1 [3], [4], [6] and [7] are taken to have commenced on the date of introduction into Parliament of the Bill for this Act.
A proclamation under this section may appoint a particular time on a day as the time for commencement on that day.
The Acts specified in the Schedules to this Act are amended as set out in those Schedules.
(Section 3)
Insert at the end of section 60AA (1) (c):
, and
the assistance is provided in accordance with a care plan established by the insurer in accordance with the WorkCover Guidelines.
Omit the subsection. Insert instead:
Compensation is not payable under this section for gratuitous domestic assistance unless the person who provides the assistance has lost income or forgone employment as a result of providing the assistance.
Insert after section 151AA:
A policy of insurance issued before 1 September 1995 (including a policy issued under the former Act) operates in respect of a liability of the employer for an injury to a worker that arises independently of this Act or the former Act as if the liability arose at the time of injury.
1 September 1995 was the commencement date of the Workers Compensation (General) Regulation 1995 which adopted a new form of workers compensation insurance policy that made it clear that the policy covered a common law liability of the employer for an injury to a worker received during the term of the policy even if liability in respect of the injury arose after the period for which the policy was in force.
This section does not apply to a liability in respect of an occupational disease within the meaning of section 151AB.
Omit section 151AB (1) and (2). Insert instead:
If an employer is liable independently of this Act for damages for an occupational disease contracted by a worker, the following provisions have effect for the purposes of any policy of insurance obtained by the employer:
(a) the liability is taken to have arisen when the worker was last employed by the employer in employment to the nature of which the disease was due, subject to paragraph (b),
(b) if the worker was employed by the employer in employment to…