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WIRO Wire | Workers Compensation Legislation Amendment Act 2018

Date of Assent
 
The Workers Compensation Legislation Amendment Act received assent on 26 October 2018.
 
Those parts of the Amending Act that commence on the day of assent are:
  • Schedule 4 - Amendments relating to information sharing (except 9 Schedule 4 [1] and [2], to the extent that it inserts section 40D into the Workplace Injury Management and Workers Compensation Act 1998)
     
  • Schedule 6 - Amendments relating to motor accidents scheme
     
  • Schedule 7.1 - Miscellaneous Amendment to the State Insurance and Care Governance Act 2015
     
  • Schedule 8 - Amendments relating to savings and transitional provisions.
What this means for injured workers
  1. For workers injured on or after 26 October 2018, overtime and shift allowance payments are permitted to be included for the purpose of calculation of weekly payments at any time.

    The application of the ‘52 week step down’ (in sections 44C(1)(a) and (2)(b)) does not apply. [Schedule 8, 8.2 [2]]

    For workers injured before 26 October 2018 PIAWE will still be calculated under the existing section 44C.
     

  2. For workers who have rights to compensation under the Motor Accidents Injuries Act 2017 and the Workers Compensation Act 1987, their entitlement to statutory benefits for treatment and care (under the Motor Accidents Injuries Act 2017) is not affected by the cessation of medical, hospital and rehabilitation expenses under the Workers Compensation Act 1987.

    This applies retrospectively for those injured on or after 1 December 2017.

    A CTP insurer is not entitled to refuse payment of statutory benefits on the grounds that workers compensation was previously payable.

Kim Garling
31 October 2018