Workers Compensation Update – Workers Compensation Lawyers

Worker’s Compensation Regulation Update – September 

Legislation and regulation relating to Workers Compensation changes regularly. In order to ensure that you are up to date with these changes and to find out whether they affect your claim, you should contact Walker Law Group. We are a Personal Injury law firm that is passionate about advocating for workers who have been injured in the workplace. Our aim is to ensure that justice is served and that injured workers get the compensation that they deserve. Our solicitors are Law Society accredited specialists in personal inury, so you could say that we are experts in our field. We have over 20 years of experience and during this time have fought cases against the insurance industry giants. Over time, these cases have taught us how insurance companies assess each claim. If you have been injured at work and think that you may be entitled to workers compensation, then contact Walker Law Group to find out more. You can call us now on 1300 363 013 or email us at enquiry@walkerlawgroup.com.au.

The new Workers Compensation Regulation 2016 (‘2016 Regulation”) officially commenced on the 1 September 2016. This regulation replaces the Workers Compensation Regulation 2010 (“2010 Regulation”). This regulation was staged; meaning it was automatically repealed on the 1 September 2016. The State Insurance Regulatory Authority (SIRA) gave the public opportunity to address the draft of this 2016 Regulation. SIRA received 12 written submissions from stakeholders in response to this and published a consultation summary, summarises this feedback.

Key changes in the Regulation

Changes made to the 2016 Regulation were made to ensure that the regulation was kept in line with legislative reforms that took place over the past 6 years. Between 2010 and 2016, the 2010 Regulation was amended to address several times. These amendments were integrated into the 2016 Regulation. Numerous unnecessary clauses were also removed from the regulation. References to legislation were updated and the wording of several clauses was simplified and clarified to allow ease of interpretation.

1. Clause 25 of the 2010 Regulation was repealed. This clause removed the option for category 2 employers to establish shared return to work programs. Category 2 employers may still engage shared return to work coordinators.
2. Many clauses of the 2010 Regulation were removed due to parts of the workers compensation legislation being repealed in 2012. Clauses 6-10, 12, 13, 46(1)(g) and (i) and 180 were removed from the 2010 Regulation.
3. Clause 39 was added to the 2016 Regulation.
4. Clause 173 was added to the 2016 Regulation. This clause addresses applications for licenses, stating that these applications must come in an approved form that has been approved by SIRA.
5. Clause 174 was added to the 2016 regulation. This clause sates that a medical practitioner may be required to attend the Commission. The purpose of them attending the Commission would be for cross-examination of the contents of a medical report they have made for the Commission.
6. Schedule 2 has been amended. This Schedule contains information relating to medical testing and results for certain medical issues such as brucellosis, leptospirosis and Q fever. These amendments bring the regulation in line with recent definitions detailed in the NSW Control Guidelines for Public Health Units.
7. Schedule 5 has been amended. Schedule 5 addresses the offences which may be punishable by penalty notice. The offences removed include:

• Fraudulent alteration of certificates of currency
• Supply of information that is known to be misleading or false
• Supplying information known to misleading or false or refusing to comply with a requirement to provide a reasonable excuse.

The three above offences still remain, however they cannot be punished with a penalty notice.

8. Amendments regarding the Market Practice and Premiums Guidelines and Return to Work Assistance benefits were integrated into the 2016 Regulation.

The Effects of these Changes

The aim of introducing the 2016 Regulation is to ensure that the regulation is as up to date and in alignment with legislative changes as possible. It demonstrates the New South Wales Government’s undertaking to improve regulation of businesses and workers in the state.

The fact that the public were consulted during the process of drafting the legislation highlights the Government’s commitment to enhancing the Regulation is a way that benefits injured workers.

Several issues such as the calculation of pre-injury average weekly earnings and legal costs of work capacity decisions are still being assessed and will be added to regulation in due course. Several other issues outside the scope of the Regulation were highlighted during public consultation SIRA has noted these issues and will respond in future.

To find out whether the 2016 regulation will have an affect on your workers compensation claim, contact Walker Law Group Compensation Lawyers. Our experienced solicitors can provide you with accurate legal advice and will let you know whether or not your have a case. For more information, contact Walker Law Group on 1300 363 013 or email us at enquiry@walkerlawgroup.com.au. You can also visit our website at www.walkerlawgroup.com.au and click on Make a Booking to book an appointment online.