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FACT SHEET
Workers Rehabilitation and Compensation
Amendment (Validation) Bill 2012
The Workers Rehabilitation and Compensation Amendment
(Validation) Bill 2012 (the Bill) proposes amendments to the
Workers Rehabilitation and Compensation 1988 (the Act) to
clarify that the second edition of the Guidelines for the
Assessment of Permanent Impairment (the Guidelines), also
known as the April 2011 Guidelines, were validly issued by the
WorkCover Tasmania Board (the Board) on 1 April 2011 and
took effect from that date up to and including 30 September
2011.
The Bill also clarifies that the third edition of the Guidelines,
also known as the October 2011 Guidelines, were validly
issued by the Board on 20 September 2011 and took effect
from 1 October 2011.
The Guidelines are referred to and required to be used to
assess the degree of whole person impairment under both the
Workers Rehabilitation and Compensation and the
Asbestos-Related Diseases (Occupational Exposure) Compensation
Act 2011.
Under section 10(L) of the Workers Rehabilitation and
Compensation Act, the Board has the function to issue the
Guidelines.
In a recent case before the Workers Rehabilitation and
Compensation Tribunal, the question was raised as to whether
the Board had validly issued the second edition of the
Guidelines. Before the issue could be determined by the
Tribunal, the Attorney-General sought to intervene in the
proceedings in order to make submissions on the validity of the
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Guidelines and sought advice from the Office of the
Solicitor-General.
The advice from the Office of the Solicitor-General
recommended that doubts removal legislation be passed as
soon as possible to clarify that the second and third editions
are taken to have been validly issued by the Board and to have
applied to all assessments conducted on or after 1 April 2011
and on or after 1 October 2011 respectively.
The advice from the Office of the Solicitor-General also noted
that a finding by the Tribunal that the Guidelines were not
issued or did not take effect as anticipated would create
difficulties for both workers and insurers in seeking to ascertain
the degree of whole person impairment. The amendment will
provide certainty for all parties.
The matter is tentatively listed for hearing in the Workers
Rehabilitation and Compensation Tribunal on 12 and 13 June
2012 and as a consequence it is important that the issues be
clarified as soon as possible.
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