Parliament is considering three pieces of legislation that affect workers’ compensation in Western Australia.
The first, the Workers Compensation Reform Bill 2004 is the main amending piece of legislation. It has been referred to an Upper House Select Committee that is expected to present an interim report on September 15.
The second piece is the Workers’ Compensation and Rehabilitation Amendment (Cross Border) Bill 2004.
This bill is designed to ensure each worker may only claim compensation in one jurisdiction – that is the jurisdiction to which the worker is "connected" by virtue of the tests contained in the proposed law.
The purpose is to ensure employers need only obtain workers’ compensation insurance in one jurisdiction and that workers have certainty with respect to their workers’ compensation rights.
The aim is for workers working temporarily in another jurisdiction to be able to claim compensation only pursuant to the laws of their home State.
It does not appear that any other State or Territory has enacted this legislation yet.
This Bill has been referred to an Upper House Standing Committee on Uniform Legislation and General purposes.
The committee is expected to present its paper to Parliament on August 17.
The third piece of legislation is the Workers’ Compensation (Common Law Proceedings) Bill 2004.
This bill is designed to overcome the effects of the Dossett and Dutch decisions.
It has passed the Lower House and is currently in the Upper House.
The second reading speech took place on June 25 and debate is currently adjourned.
So what is next?
It will be some time before the main amending bill has been fully considered by Parliament.
While there are major changes proposed with respect to workers’ compensation in Western Australia, it is too early to comment on the final form of those changes and, indeed, it is not even possible to say with certainty when the changes will become law.
Damien Gare, head of insurance and corporate risk group - 9429 7485
Prue Griffin, senior associate - -9429 7426