Workplace Legislation Amendment Act 2025 (No 2) (ACT)
Workplace Legislation Amendment Act 2025 (No 2)
A2025-27
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
Part 2Evidence (Miscellaneous Provisions) Act 1991
4 Meaning of sexual offence proceeding—ch 4Section 41, definition of sexual offence proceeding, new paragraphs (d) and (e) 3
5 New section 41A 3
6 Section 42, definition of complainant 4
Part 3Workers Compensation Act 1951
7 Section 145K 5
8 Failing to hold a self-insurer licenceSection 145S (1) (b) 5
9 Section 145S (1), note 6
10 Compulsory insurance—employersNew section 147 (2) (e) 6
11 Purpose of DI fundSection 166A (2) and note 6
12 Section 166A (4) and note 6
13 New division 8.2.2A 7
14 Who may make claim for paymentSection 170 (3) (b) 9
15 Dictionary, new definitions 10
Workplace Legislation Amendment Act 2025 (No 2)
A2025-27
An Act to amend workplace legislation, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1Preliminary
Name of Act
This Act is the Workplace Legislation Amendment Act 2025 (No 2).
Commencement
(1)This Act (other than part 2) 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)).
(2)Part 2 (Evidence (Miscellaneous Provisions) Act 1991) commences on the 7th day after this Act’s notification day.
Legislation amended
This Act amends the Evidence (Miscellaneous Provisions) Act 1991 and the Workers Compensation Act 1951.
Part 2Evidence (Miscellaneous Provisions) Act 1991
Meaning of sexual offence proceeding—ch 4
Section 41, definition of sexual offence proceeding, new paragraphs (d) and (e)insert
(d)a proceeding for an offence against any of the following provisions of the Work Health and Safety Act 2011 if the offence involves a suspected or alleged sexual assault or any other act of a sexually offensive, intimidating or humiliating nature:
(i)section 31 (Negligence or reckless conduct—category 1);
(ii)section 32 (Failure to comply with health and safety duty—category 2);
(iii)section 33 (Failure to comply with health and safety duty—category 3); or
(e)a proceeding for an offence against the Work Health and Safety Act 2011, section 38 (1) if the notifiable incident involves a sexual assault incident, within the meaning of that Act, section 37A.
New section 41A
in part 4.1, insert
41AReferences to accused people—sexual offence proceedings under Work Health and Safety Act 2011
(1)This section applies to a proceeding mentioned in section 41, definition of sexual offence proceeding, paragraph (d) or (e).
(2)A reference to an accused person in the following provisions includes a person who is suspected or alleged to have committed the sexual assault or other act of a sexually offensive, intimidating or humiliating nature to which the proceeding relates:
(a)section 47 (1);
(b)section 60 (6) (a) and (b);
(c)section 68 (5) (a) and (b);
(d)section 76 (2);
(e)section 80C.
Section 42, definition of complainant
substitute
complainant, in relation to a proceeding for an offence—
(a)means a person—
(i)against whom the offence is alleged, or has been found, to be committed; and
(ii)for a family violence offence proceeding—who is also a family member of the accused person; and
(b)for a sexual offence proceeding for an offence against the Work Health and Safety Act 2011—includes a person against whom a sexual assault or an act of a sexually offensive, intimidating or humiliating nature is suspected or alleged, or has been found, to have been committed.
Part 3Workers Compensation Act 1951
Section 145K
substitute
145KRequirement to hold self-insurer licence
(1)An employer, other than a prescribed employer, must hold a self‑insurer licence unless the employer holds a compulsory insurance policy with a licenced insurer.
(2)A prescribed employer must hold a self-insurer licence for any workers who are not prescribed workers unless the prescribed employer holds a compulsory insurance policy with a licensed insurer for the workers.
Failing to hold a self-insurer licence
Section 145S (1) (b)substitute
(b)is not—
(i)the holder of a compulsory insurance policy with a licensed insurer; or
(ii)a prescribed employer that employs only prescribed workers; and
Section 145S (1), note
omit
Compulsory insurance—employers
New section 147 (2) (e)before the note, insert
(e)the employer is a prescribed employer and employs only prescribed workers.
Purpose of DI fund
Section 166A (2) and notesubstitute
(2)The DI fund must meet the cost of compensation to an injured worker if—
(a)the employer of the injured worker does not have a compulsory insurance policy to cover the worker for the claim; or
(b)the employer is a prescribed employer and the injured worker is a prescribed worker.
NoteAn injured worker who was a director of the employer at the time of the injury may not make a claim against the fund, unless the injured worker is a prescribed worker and the employer is a prescribed employer (see s 170 (3)).
Section 166A (4) and note
substitute
(4)The DI fund must meet the cost of an employer’s liability that arises independently of this Act in relation to an injury to, or the death of, a territory worker of the employer by paying an amount that satisfies or discharges the liability to a person entitled to that amount if—
(a)the employer of the worker does not have a compulsory insurance policy to cover the liability; or
(b)the employer is a prescribed employer and the territory worker is a prescribed worker.
NoteAn injured worker who was a director of the employer at the time of the injury may not make a claim against the fund, unless the injured worker is a prescribed worker and the employer is a prescribed employer (see s 170 (3)).
New division 8.2.2A
insert
Division 8.2.2A DI fund and prescribed employers etc
166JDetermination about DI fund objects, prescribed employers and workers
(1)The Executive may determine the objects of the DI fund
for the purpose of an employer and worker mentioned in section 166A (2) (b) and (4) (b), including any requirements for the operation of the fund, including in relation to the following:
(a)the class of employer that may apply to be a prescribed employer;
(b)the class of worker that is a prescribed worker;
(c)how an employer may apply to be a prescribed employer;
(d)the conditions with which a prescribed employer must comply;
(e)the maximum period for which an employer may be a prescribed employer.
(2)A determination is a disallowable instrument.
166KDetermination of fees for prescribed employers
(1)The Executive may determine fees payable by a prescribed employer in relation to the administration of the DI fund under this part.
(2)A determination is a disallowable instrument.
166LApplication to be prescribed employer
(1)An employer who employs prescribed workers may apply to the Minister to be a prescribed employer for a particular period.
(2)The employer must give the Minister, with the application—
(a)a statement of the employer’s estimate for the particular period; and
(b)any other information prescribed by regulation.
(3)In this section:
employer’s estimate, for the particular period, means the employer’s estimate of the following:
(a)the number of prescribed workers to be employed by the employer in the period;
(b)the total wages to be paid to prescribed workers in the period;
(c)the number of paid and unpaid prescribed workers who will work for the employer in the period;
(d)the approximate amount of time each paid and unpaid prescribed worker will work for the employer in the period.
166MAssessment of application to be prescribed employer
(1)The Minister must approve an employer’s application to be a prescribed employer for a particular period if the employer—
(a)employs prescribed workers; and
(b)has given the Minister the information mentioned in section 166L (2).
(2)The period for which the Minister approves an employer’s application must not be longer than the period mentioned in section 166J (1) (e).
(3)The Minister may decide that a prescribed employer is no longer a prescribed employer if the employer breaches a condition mentioned in section 166J (1) (d).
(4)The Minister must tell the employer, in writing, of their decision made under subsection (3).
166NApplication of amendments before commencement
(1)This section applies if the Minister approves an employer’s application to be a prescribed employer on or after the commencement day but before the end of February 2026.
(2)This Act, as amended by the Workplace Legislation Amendment Act 2025 (No 2), part 3, applies to the prescribed employer and any worker of the employer who would on or after the commencement day be a prescribed worker in relation to an injury suffered by the worker.
(3)In this section:
commencement day means the day the Workplace Legislation Amendment Act 2025 (No 2), part 3 commences.
Who may make claim for payment
Section 170 (3) (b)substitute
(b)the employer—
(i)did not hold a compulsory insurance policy that applies to the injured worker for the injury; or
(ii)is not a prescribed employer and the injured worker is not a prescribed worker.
Dictionary, new definitions
insert
prescribed employer means an employer approved by the Minister under section 166M to be a prescribed employer.
prescribed worker means a worker who is determined to be a prescribed worker by the Executive under section 166J (1).
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 2 September 2025.
Notification
Notified under the Legislation Act on 3 October 2025.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Workplace Legislation Amendment Bill 2025 (No 2), which was passed by the Legislative Assembly on 25 September 2025.
Clerk of the Legislative Assembly
© Australian Capital Territory 2025
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