ACT — Workers Compensation Amendment Bill

In case you weren’t aware the Workers Compensation Amendment Bill 2009 (ACT) proposed to amend the Workers Compensation Act 1951 No. 2 (ACT) was introduced into the Legislative Assembly on 19 November 2009.
Safety LegislationThe legislation will make various amendments to Chapter 8 (Insurance), including to:

  • substitute a new s 147 (Compulsory insurance — employers) and insert a new ss 147A (Compulsory insurance — offences), which applies to employers to whom s 47 applies, and 147B (Compulsory insurance policy — minimum premium following default notice); 
  • substitute s 149 to provide for circumstances where an employer fails to maintain a compulsory insurance policy with an approved insurer; and 
  • substitute s 162 (False information causing lower premium) and insert new ss 162A (Avoiding payment of premium — chief executive entitled to recovery amount) and 162B (Cease business order).

The Bill would also:

  • substitute Chapter 12 (Notification and review of decisions), including to expand the notice requirements in regards to a reviewable decision and to provide for the internal review of certain decisions; 
  • make amendments to Chapter 5 (Injury management processes), including inserting a new s 99A (Appointment of approved rehabilitation provider under personal injury plan); 
  • amend s 190 (Provision of information to inspectors), including to shorten the time frame from 28 days to three days, within which an employer must provide certain information to an inspector following a notice; 
  • insert new ss 200A (Record keeping) and 201A (Civil liability of executive officers); and 
  • make other miscellaneous, minor and definitional amendments.

The Bill also proposes to amend the Workers Compensation Regulation 2002 No. 20 (ACT).
The Bill would:

  • substitute Part 5 (Rehabilitation providers) to provide that deciding whether to approve a person as a rehabilitation provider, the Minister must act in accordance with the Guide — Nationally Consistent Approval Framework for Workplace Rehabilitation Providers; 
  • substitute ss 98 and 98A, and Schedule 3 (Reviewable decisions) as a consequence of proposed amendments to Chapter 12 (Notification and Review of Decisions) of the Workers Compensation Act 1951 No. 2 (ACT); and 
  • insert a new s. 8A (Calculation of total wages — Act, s 7A, def total wages).

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Safety Concepts is an online resource providing up to date insights and covering issues in the field of Workplace Safety.

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