Workers Compensation Legislation Amendment (Trainees) Act 2003 (NSW)

An Act to amend the Workers Compensation Act 1987 with respect to insurance for trainees; to make consequential amendments to other laws; and for other purposes.

1Name of Act

This Act is the Workers Compensation Legislation Amendment (Trainees) Act 2003.

2Commencement

This Act commences on 1 January 2004.

3Amendment of Workers Compensation Act 1987 No 70

The Workers Compensation Act 1987 is amended as set out in Schedule 1.

4Amendment of Workplace Injury Management and Workers Compensation Act 1998 No 86

The Workplace Injury Management and Workers Compensation Act 1998 is amended as set out in Schedule 2.

5Amendment of Workers Compensation Regulation 2003

The Workers Compensation Regulation 2003 is amended as set out in Schedule 3.

Schedule 1Amendment of Workers Compensation Act 1987

(Section 3)

[1]Section 11 Recess claims

Omit “apprenticeship”. Insert instead “training contract”.

[2]Section 24 Illegal employment

Omit “or apprenticeship” wherever occurring.

Insert instead “or training contract”.

[3]Section 158 Insurance for trainees

Omit the section.

[4]Section 168 Insurance premiums orders

Omit section 168 (4) (b).

[5]Section 174 Records relating to wages, contracts etc to be kept and supplied

Omit “or apprenticeship” from paragraph (a) of the definition of wages in section 174 (9).

Insert instead “or a training contract”.

[6]Section 193 Definitions

Omit the definition of policy of insurance from section 193 (1). Insert instead:

policy of insurance does not include a policy of insurance of any class exempted by the regulations from this Division.

[7]Section 217 Definitions

Omit the definition of policy from section 217 (1). Insert instead:

policy means a policy of insurance.

[8]Schedule 6 Savings, transitional and other provisions, Part 18G

Insert after Part 18F:

Part 18GProvisions consequent on enactment of 2003 trainee amendments1Definitions

In this Part:

the 2003 amending Act means the Workers Compensation Legislation Amendment (Trainees) Act 2003.

trainee means a trainee within the meaning of section 158 of this Act as in force immediately before its repeal by the 2003 amending Act.

2Insurance for trainees(1)

Section 158 (2) of this Act (as in force immediately before its repeal by the 2003 amending Act) continues to have effect in relation to any person employed as a trainee immediately before that repeal until 31 December 2004, or the end of the traineeship, whichever first occurs (the end of the continued insurance period).

(2)

Section 158 of this Act (as in force immediately before its repeal by the 2003 amending Act) continues to apply to and in respect of a policy of insurance deemed by that section to be held by an employer in respect of a trainee referred to in subclause (1) until the end of the continued insurance period.

(3)

The repeal of section 158 by the 2003 amending Act does not affect the validity of a policy of insurance referred to in subclause (2) to the extent that it relates to any liability of the employer with respect to that trainee referred to in section 158 (3) before its repeal that arises before the end of the continued insurance period.

(4)

Clause 50 (2) of the Workers Compensation Regulation 2003 (as in force immediately before its repeal by the 2003 amending Act) continues to have effect in relation to the wages of a trainee referred to in subclause (1) until the end of the continued insurance period.

[9]Schedule 6 Part 20

Insert at the end of clause 1 (1):

Workers Compensation Legislation Amendment (Trainees) Act 2003

Schedule 2Amendment of Workplace Injury Management and Workers Compensation Act 1998

(Section 4)

[1]Section 4 Definitions

Insert in alphabetical order in section 4 (1):

training contract has the meaning it has in the Apprenticeship and Traineeship Act 2001.

Note—

A training contract is a contract entered into for the purpose of establishing an apprenticeship or traineeship.

[2]Section 4

Omit “apprenticeship” from the definition of worker in section 4 (1).

Insert instead “a training contract”.

[3]Schedule 1 Deemed employment of workers

Omit “apprenticeship” from clause 1.

Insert instead “a training contract”.

Schedule 3Amendment of Workers Compensation Regulation 2003

(Section 5)

Omit the clause.