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WIRO Wire | Coal Industry Amendment Bill 2018

WIRO wishes to draw all workers compensation legal service providers’ attention to the Coal Industry Amendment Bill 2018.

Object of the Bill

The object of the Bill is to amend the Coal Industry Act 2001 to require all employers whose employees work in or about a coal mine to obtain workers compensation insurance from an approved workers compensation company. Currently, that requirement only applies to employers directly engaged in the coal industry and not employers that merely provide services to the coal industry.

The proposed Act will commence on a day or days to be appointed by proclamation.

“Employer in the coal industry” will be defined in the Coal Industry Act 2001 as “any employer whose employees work in or about a coal mine”.

Consequential amendments

Workers Compensation Act 1987

Section 7A Application of Act in respect of coal industry
Insert after section 7A(4):
(5) In this section:
employer in the coal industry has the same meaning as in the Coal Industry Act 2001.

Workplace Injury Management and Workers Compensation Act 1998

Section 9A Application of Act in respect of coal industry
Insert after section 9A(4):
(5) In this section:
employer in the coal industry has the same meaning as in the Coal Industry Act 2001.

Second Reading Speech

It is noted in the Second Reading Speech that the consequential amendments to the workers compensation legislation are not intended to change the functions and operations of the workers compensation legislation but only to ensure consistency of the definition of employer in the coal industry across the three pieces of legislation.

For more information

Please contact Kim Garling, Workers Compensation Independent Review Officer on 13 9476 or by email at contact@wiro.nsw.gov.au