Workers Rehabilitation and Compensation Amendment Act 2004
An Act to amend the Workers Rehabilitation and Compensation Act 1988
[Royal Assent 29 June 2004]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
1Short titleThis Act may be cited as the Workers Rehabilitation and Compensation Amendment Act 2004 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Workers Rehabilitation and Compensation Act 1988 is referred to as the Principal Act. 4Section 69B amended (Period for which benefits are payable) Section 69B of the Principal Act is amended as follows: (a) by omitting from subsection (1)(b) "52" and substituting "78"; (b) by omitting from subsection (1)(c) "70%" and substituting "80%"; (c) by omitting from subsection (1)(c) "52" and substituting "78"; (d) by omitting from subsection (1)(c) "10" and substituting "9"; (e) by omitting from subsection (2) "10" and substituting "9"; (f) by inserting the following subsection after subsection (4) : (5) The amendments to subsections (1) and (2) effected by the Workers Rehabilitation and Compensation Amendment Act 2004 apply to all claims for compensation relating to periods of incapacity after the commencement of that Act with respect to injuries occurring on or after 1 July 2001. 5Section 126A insertedAfter section 126 of the Principal Act , the following section is inserted in Division 5: 126AClaims against Nominal Insurer for increase in payments (1) Where an employer becomes liable, as a result of the amendments to section 69B effected by the Workers Rehabilitation and Compensation Amendment Act 2004 , for increased weekly payments in respect of claims for compensation relating to periods of incapacity after the commencement of that Act with respect to injuries occurring on or after 1 July 2001 and before the commencement of that Act, the employer’s insurer or, if the employer is a self-insurer, the employer may make a claim against the Nominal Insurer for an amount equivalent to the increase in those weekly payments. (2) The Nominal Insurer is to pay to the employer’s insurer or, if the employer is a self-insurer, the employer the amount equivalent to the increase in weekly payments referred to in subsection (1) . (3) For the purposes of this section, the Crown in the right of this State is taken to be a self-insurer. 6Section 127B amended (Nominal Insurer Special Account) Section 127B(2) of the Principal Act is amended by inserting before paragraph (a) the following paragraph: (aa) any amount payable under section 126A(2) ; and 7Section 128A amended (Special contributions) Section 128A of the Principal Act is amended as follows: (a) by omitting subsection (2) and substituting the following subsection: (2) If the Nominal Insurer is or will be liable to pay amounts of the type specified in section 127A(3) – (a) as a result of the insolvency of a licensed insurer or former licensed insurer; or (b) as a result of the operation of section 126A – the Minister may require all policyholders and self-insurers to pay to the Nominal Insurer, in each year, a special contribution determined by the Minister. (b) by inserting the following paragraph after paragraph (d) in subsection (4) : (da) the expected amounts that the Nominal Insurer will be required to pay under section 126A(2) ; and [Second reading presentation speech made in:
House of Assembly on 19 MAY 2004
Legislative Council on 17 JUNE 2004]