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This is a Bill, not an Act. For current law, see the Acts databases.
2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Workplace Safety and Industrial Relations)
Contents
Page
2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Workplace Safety and Industrial Relations)
Workers Compensation Amendment Bill 2017
A Bill for
An Act to amend the
and the Workers Compensation Regulation 2002
, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Workers Compensation Amendment Act 2017
.
(1) Sections 5, 7 and 8 are taken to have commenced on 1 July 2017.
(2) The remaining provisions commence on the day after this Act’s notification day.
This Act amends the
and the
.
Note This Act also amends the Magistrates Court (Workers Compensation Infringement Notices) Regulation 2006
(see sch 1).
Part 2 Workers Compensation Act 1951
4 Employment-related
diseases
Section 28
omit
a contributing factor
substitute
a substantial contributing factor
5 Definitions—pt
4.3
Section 36G (1), new definition of pension age
insert
pension age has the meaning given by the Social Security Act 1991
(Cwlth), section 23 (5A), (5B), (5C) and (5D).
6 When do weekly compensation payments
begin etc?
New section 38 (4) and (5)
insert
(4) An employer commits an offence if the employer—
(a) is required under subsection (1) to begin the payment of workers compensation to a worker; and
(b) fails to comply with the requirement.
Maximum penalty: 10 penalty units.
(5) An offence against this section is a strict liability offence.
7 Entitlement to weekly compensation
for first 26 weeks of incapacity
Section 39 (3) (b) and (c)
substitute
(b) if the worker was, on the initial incapacity date for the injury, younger than the pension age by more than 2 years—for any period after the worker reaches pension age; or
(c) if the worker was, on the initial incapacity date for the injury, younger than the pension age by 2 years or less—for any period more than 2 years after the initial incapacity date.
8 Entitlement to weekly compensation
after first 26 weeks of incapacity
Section 40 (4) (a) and (b)
substitute
(a) if the worker was, on the initial incapacity date for the injury, younger than the pension age by more than 2 years—for any period after the worker reaches pension age; or
(b) if the worker was, on the initial incapacity date for the injury, younger than the pension age by 2 years or less—for any period more than 2 years after the initial incapacity date.
9 Death benefits
Section 77
(2) (a) and (b)
substitute
(a) a single lump sum payment of $539 002.37 wpi indexed to be divided between the dependants;
(b) for each dependant who is a child—weekly compensation of $148.23 wpi indexed;
omit
$4 000
substitute
$11 828.87
insert
(7) In this section:
WPI means the Wage Price Index number published by the Australian Statistician.
wpi indexed, for an amount, means the amount as adjusted in
line with any adjustment in the WPI since the commencement of the provision in
which the amount appears.
Part 3 Workers Compensation Regulation 2002
substitute
Schedule 1 Diseases related to employment
(see s 96)
Note This table is derived from Deemed Diseases in Australia published by Safe Work Australia in August 2015. The report is accessible at www.safeworkaustralia.gov.au
.
Part 7 of the report includes recommended guidance material on each disease
itemised in the table. The material provides guidance on whether or not a claim
might be appropriate given the current knowledge about the disease and its
relationship to relevant exposures.
column 1
item
|
column 2
disease
|
column 3
employment
|
---|
|
INFECTIOUS DISEASE
|
|
1
|
Anthrax
|
employment involving work with animals or animal carcasses (for example
employment as an animal handler, pelt handler, abattoir worker, or meat
inspector)
|
2
|
Brucellosis
|
employment involving work with animals or animal carcasses (for example
employment as a veterinarian, farmer or farm worker, abattoir worker or
laboratory worker)
|
3
|
Hepatitis A
|
employment involving contact with human waste (for example employment as a
child care worker, carer of intellectually disabled people, worker in a rural or
remote indigenous community, sewage worker or plumber)
|
4
|
Hepatitis B and C
|
employment involving contact with human bodily secretions (for example
employment as a health care worker, embalmer, person who handles body
substances, clinical laboratory staff, worker in long-term correctional
facilities, police, member of the armed forces or emergency services
worker)
|
5
|
HIV/AIDS
|
health care worker or laboratory worker who becomes HIV positive after a
needlestick injury
|
6
|
Leptospirosis
|
employment involving work with animals or animal carcasses (for example
employment as a farmer or farm worker, abattoir worker, forestry worker, hunter,
veterinarian or livestock transport operator) or work with animal or human waste
(for example employment as a plumber)
|
7
|
Orf
|
employment involving work with sheep or sheep carcasses (for example
employment as a sheep farmer or farm worker, goat farmer or farm worker,
abattoir worker or meat inspector)
|
8
|
Q fever
|
employment involving contact with animals or animal parts in a rural
setting (for example an abattoir worker, stock worker, stock transporter,
shearer, hide processor, farmer or veterinary surgeon)
|
9
|
Tuberculosis
|
employment involving contact with people or animals in situations where
tuberculosis prevalence is likely to be significantly higher than the general
community (for example employment as a health worker, clinical laboratory
worker, funeral parlour staff, farmer or veterinary surgeon), or person with
silicosis
|
|
MALIGNANCY
|
|
10
|
Salivary gland
|
employment involving exposure to ionizing radiation
|
11
|
Nasopharynx
|
employment involving exposure to formaldehyde or wood dust
|
12
|
Oesophagus
|
employment involving exposure to ionizing radiation
|
13
|
Stomach
|
employment involving exposure to ionizing radiation
|
14
|
Colon and rectum
|
employment involving exposure to ionizing radiation
|
15
|
Liver
|
employment involving exposure to vinyl chloride monomer, Hepatitis B virus
or Hepatitis C virus
|
16
|
Nasal cavity and para-nasal sinuses
|
employment involving exposure to ionizing radiation, leather dust, nickel
or wood dust
|
17
|
Larynx
|
employment involving exposure to strong inorganic acid mist or
asbestos
|
18
|
Lung
|
employment involving exposure to arsenic, asbestos, beryllium,
bis(chloromethyl)ether, cadmium, chromium VI, diesel engine exhaust,
environmental tobacco smoke, ionizing radiation, nickel, polycyclic aromatic
hydrocarbons, Radon-222 and its decay products, silica dust (crystalline) or
soot (chimney sweeping)
|
19
|
Bone
|
employment involving exposure to ionizing radiation
|
20
|
Skin (melanoma)
|
employment involving exposure to solar radiation or polychlorinated
biphenyls
|
21
|
Skin (non-melanoma)
|
employment involving exposure to ionizing radiation, polycyclic aromatic
hydrocarbons or solar radiation
|
22
|
Mesothelioma
|
employment involving exposure to asbestos
|
23
|
Breast (female)
|
employment involving exposure to ionizing radiation
|
24
|
Ovary
|
employment involving exposure to asbestos
|
25
|
Kidney
|
employment involving exposure to ionizing radiation or
tricholoroethylene
|
26
|
Bladder
|
employment involving exposure to 2-naphthylamine, benzidine,
cyclophosphamide, ionizing radiation, ortho-toluidine, polycyclic aromatic
hydrocarbons associated with aluminium production
|
27
|
Brain
|
employment involving exposure to ionizing radiation
|
28
|
Thyroid
|
employment involving exposure to ionizing radiation
|
29
|
Leukaemia (excluding chronic lymphatic leukaemia)
|
employment involving exposure to benzene, butadiene, cyclophosphamide,
formaldehyde, Hepatitis C virus or ionizing radiation
|
30
|
Non-Hodgkin's Lymphoma
|
employment involving exposure to ionizing radiation
|
|
DISEASES OF THE NERVOUS SYSTEM
|
|
31
|
Parkinson's disease
|
employment involving exposure to manganese
|
32
|
Peripheral neuropathy
|
employment involving exposure to metals (for example lead, mercury and
arsenic), organic solvents (for example n-hexane, carbon disulphide and
trichloroethylene), pesticides (for example organophosphates) or
acrylamide
|
33
|
Noise induced hearing loss
|
employment involving exposure to persistent or intermittent noise above
85dB(A)
|
|
RESPIRATORY DISEASES
|
|
34
|
Occupational asthma (excluding pre-existing asthma worsened due to exposure
to workplace irritants)
|
employment involving exposure to sensitising agents or irritants
|
35
|
Coal workers' pneumoconiosis
|
employment involving exposure to coal
|
36
|
Asbestosis
|
employment involving exposure to asbestos
|
37
|
Silicosis
|
employment involving exposure to silica
|
38
|
Other pneumoconiosis
|
involving exposure known to occasionally cause pneumoconiosis (for example
beryllium, tin, iron oxide, barium, aluminium, cobalt or tungsten)
|
39
|
Byssinosis
|
employment involving exposure to cotton, flax, hemp or sisal dust
|
40
|
Extrinsic allergic alveolitis
|
employment involving exposure to damp material of biological origin (for
example mouldy hay, straw, grain and feathers)
|
|
HEPATIC DISEASES
|
|
41
|
Non-infectious hepatitis
|
employment involving exposure to agents known to cause hepatitis
(particularly organic solvents)
|
42
|
Chronic active hepatitis
|
employment involving contact with human bodily secretions (for example
employment as a health care worker, embalmer, person who handles body
substances, clinical laboratory staff, worker in long-term correctional
facilities, police, member of the armed forces or emergency services worker)
– for a person with known Hepatitis B Virus (HBV) or Hepatitis C Virus
(HCV), where the HBV or HCV was contracted through the employment
|
43
|
Hepatic cirrhosis
|
employment involving contact with human bodily secretions (for example
employment as a health care worker, embalmer, person who handles body
substances, clinical laboratory staff, worker in long-term correctional
facilities, police, member of the armed forces or emergency services worker)
– for a person with known Hepatitis B Virus (HBV) or Hepatitis C Virus
(HCV), where the HBV or HCV was contracted through the employment
|
|
SKIN DISEASES
|
|
44
|
Contact dermatitis (irritant and allergic)
|
employment involving exposure to sensitising agents or irritants
|
45
|
Occupational vitiligo
|
employment involving exposure to para-tertiary-butylphenol,
para-tertiary-butylcatechol, para-amylphenol, hydroquinone, or the monobenzyl or
monobutyl ether of hydroquinone
|
|
MUSCULOSKELETAL DISEASES
|
|
46
|
Raynaud's disease
|
employment involving exposure to vibration from powered tools and
equipment
|
47
|
Bursitis (at the elbow or knee)
|
employment involving prolonged external friction or pressure or repetitive
motion at or about the elbow or the knee
|
|
ACUTE POISONING/TOXICITY
|
|
48
|
Acute poisoning/toxicity (includes acute damage to the heart, lungs, liver,
kidney, nervous system and blood)
|
employment involving exposure to acrylonitrile, alcohols, antimony,
arsenic, benzene, beryllium, cadmium, carbon disulphide, chromium, copper,
fluorine, glycols, hexane, ketones, lead, manganese, mercury, mineral acids,
nitroglycerine or other nitric acid esters, osmium, oxides of nitrogen, ozone,
pesticides consisting of organophosphate and organochlorine compounds,
herbicides and related compounds, pharmaceutical agents, phosgene, phosphorus,
selenium, styrene, thallium, tin, toluene, vanadium, zinc,
chemical asphyxiants (for example carbon monoxide, hydrogen cyanide, hydrogen sulphide or methylene chloride), benzoquinone and other corneal irritants, toxic halogen derivatives of aliphatic or aromatic hydrocarbons, toxic nitro- and amino-derivatives of benzene, and other less common, specific substances known to result in poisoning/toxicity that have not been named here |
Schedule 1 Magistrates Court (Workers
Compensation Infringement Notices) Regulation 2006
(see s 3)
substitute
Schedule 1 Workers Compensation Act infringement notice offences and penalties
(see s 7 and s 8)
column 1
item
|
column 2
offence provision, and if relevant, case
|
column 3
offence penalty
(penalty units)
|
column 4
infringement penalty ($)
|
---|---|---|---|
1
|
38 (4)
|
10
|
300
|
2
|
90 (1)
|
10
|
300
|
3
|
92 (3)
|
50
|
1 500
|
4
|
94A (1)
|
50
|
1 500
|
5
|
94B (1)
|
50
|
1 500
|
6
|
94B (2)
|
50
|
1 500
|
7
|
109 (1)
|
10
|
300
|
8
|
109 (2)
|
10
|
300
|
9
|
126 (1)
|
50
|
1 500
|
10
|
126A (2)
|
50
|
1 500
|
11
|
142 (1)
|
50
|
1 500
|
12
|
147A (2)
|
50
|
1 500
|
13
|
147A (3)
|
50
|
1 500
|
14
|
153 (1)
|
50
|
1 500
|
15
|
154 (1)
|
10
|
300
|
16
|
155 (3)
|
50
|
1 500
|
17
|
156 (3)
|
50
|
1 500
|
18
|
157 (2)
|
50
|
1 500
|
19
|
158 (3)
|
50
|
1 500
|
20
|
161 (1), if authorised person under s 161 is inspector
|
50
|
1 500
|
21
|
164 (6)
|
50
|
1 500
|
22
|
176 (1)
|
50
|
1 500
|
23
|
178 (2)
|
10
|
300
|
24
|
178 (4)
|
10
|
300
|
25
|
190 (3)
|
50
|
1 500
|
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 31 October 2017.
2 Notification
Notified under the
on 2017.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2017
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