Page 2634 - Week 12 - Thursday, 16 November 1989

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The Rally acknowledges the commitment by the minority Labor Government to review legislation as quickly as possible, and we will be happy to assist the current Government in this review process. It may be that this is an issue that could be considered by the Social Policy Committee.

I also note that the Workers Compensation (Amendment) Bill is included on the legislative program provided by the Government today. Unfortunately, it is just listed there as a Bill that is going to be looked at. There is no indication as to the time scale, although I understand that, because of the degree of complexity of the amendments required, this may be sometime down the track.

The Minister's statement referred to a report by a consultant. That consultancy was organised in December 1986, with the resulting report being handed down in July 1987. Unfortunately, it would appear once again that the previous Federal administration put this matter on the back burner. It, of course, provided a commitment to occupational health and safety legislation - quite laudable, particularly as the ACT was the only jurisdiction in Australia that had no OH&S legislation whatsoever. We have finally seen that legislation passed into law.

But it is unfortunate that, at the same time as the Federal Government was looking at this issue, it did not seek to provide for an overhaul of workers compensation legislation to reduce premiums and the cost to business. Decreased cost for business, particularly the cost of employment, provides greater opportunity for more workers to be employed. This, of course, is a similar argument to that for the reduction or the removal of payroll tax which, it has been suggested, would provide greater opportunities for new industry.

However, Mr Speaker, that is an issue for another time, so we may look at that one a little further down the track. We must remember that any move to abolish payroll tax and therefore increase opportunities for industry in the ACT has to provide a considerable amount of funds to make up the shortfall.

In closing my brief remarks, I would like to refer to some of the disparities and some of the problems associated with the existing legislation. I am referring to the Guidebook to Workers Compensation in Australia, sixth edition, which summarises the various workers compensation legislation in Australia. On page 687, for example, I see that there are a number of problems in relation to the employer's obligations where there seems to be little coverage in the legislation. There is no statutory obligation in the ACT upon an employer to provide work for a partly incapacitated worker.

I would suggest that, if it is appropriate for a worker who is unable to work in the area to which he or she was formerly accustomed but who would like to continue to work


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