Statutory review of 2012 NSW workers compensation legislative amendments

IWSN

The NSW Government recently announced that the NSW Workers Compensation System June 2012 Amendments: would be undergoing a Statutory Review to be undertaken by the Centre for International Economics (CIE). 

The IWSN, as part of this Statutory Review, has been approached to invite people who may be interested in attending a ‘Workshop’ to be conducted by the CIE.  This presents a very good opportunity to openly discuss with the CIE any number of issues that are affecting injured workers and their families as a direct result of the June 2012 changes.

Please refer to the details below for further information in regards to the Statutory Review of the June 2012 NSW Workers Compensation System Amendments:

What is the reason for the Statutory review of 2012 NSW workers compensation legislative amendments?

Amendments to the NSW workers compensation legislation in 2012 included a requirement for the Minister to conduct a statutory review.

The purpose of the review is to determine whether the policy objectives of the amendments remain valid and whether the terms of the Workers Compensation Acts remain appropriate for securing those objectives.

Who is conducting the review?

The review will be conducted by independent consultants engaged by the Office of Finance and Services to ensure independence from WorkCover. The Centre for International Economics has been engaged by the Office of Finance and Services to undertake the review.

What consultation process will be undertaken?

The Centre for International Economics will undertake consultation with key stakeholder groups through interviews and a number of workshops. The Centre for International Economics will also consider submissions or comments provided via the NSW Government’s Have Your Say website.  They will also consider all submissions and transcripts of evidence published by the Legislative Council Standing Committee on Law and Justice Review of the Exercise of the Functions of the WorkCover Authority which is currently underway. There is no need to provide the Centre for International Economics with a copy of any submission published by the Law and Justice Committee.

How do I make a comment or provide a submission?

You can make a submission via the Have Your Say website during May 2014. This link will take you directly to the consultation page.

http://www.haveyoursay.nsw.gov.au/consultations/statutory-review-/?date=2014-05-08

1. scroll to the bottom until you see a heading More Information.

2. click on the Project Manager link with the envelope icon beside it

3. a new email window will open for you to send your submission, comment or question directly to the Office of Finance and Services

4. add any content and / or attachments and press send

5. the Office of Finance will forward your comment or submission on to the Centre for International Economics

Statutory review of 2012 NSW workers compensation legislative amendments 2

Will my submission be kept confidential?

Comments and submissions will be kept confidential unless specific consent to publication is provided. It should be noted that all comments, submissions and information provided will be subject to the provisions of the Government Information (Public Access) Act 2009 if a request is made for access to this information.

What are the terms of reference from the review?

The terms of reference for the review are set by the legislation. Specifically the Workers Compensation Legislation Amendment Act 2012 included a requirement in clause 27 of Part 19H to Schedule 6 of the Workers Compensation Act 1987 for the Minister to conduct a review of the 2012 amendments.

The Terms of Reference are broadly set out in clause 27(1) of Part 19H to Schedule 6 of the Workers Compensation Act 1987:

The Minister is to conduct a review of the amendments made by the 2012 amending Act to determine whether the policy objectives of those amendments remain valid and whether the terms of the Workers Compensation Acts remain appropriate for securing those objectives”

While the 2012 amending Act did not contain a statement of its policy objectives, the second reading speech referred to the seven guiding principles of reform contained in the Government’s Issues Paper entitled NSW Workers Compensation Scheme Issues Paper published in April 2012.

The seven guiding principles associated with best practice in workers compensation scheme form part of the Terms of Reference for the review:

  • Enhance NSW workplace safety by preventing and reducing incidents and fatalities,
  • Contribute to the economic and jobs growth, including for small businesses, by ensuring that premiums are comparable with other states and there are optimal insurance arrangements,
  • Promote recovery and the health benefits of returning to work,
  • Guarantee quality long term medical and financial support for seriously injured workers,
  • Support less seriously injured workers to recover and regain their financial independence,
  • Reduce high regulatory burden and make it simple for injured workers, employers and service providers to navigate the system, and
  • Strongly discourage payments, treatments and services that do not contribute to recovery and return to work.

Should you require any further information please feel free to contact Adam Grumley IWSN Co-ordinator on (02) 9749 7566 or alternatively Email adam.grumley@injuredworkerssupport.org.au for assistance.