Page 5190 - Week 16 - Thursday, 28 November 1991
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Provision has been included for the payment of weekly compensation for the benefit of dependent children up to the age of 25 years. This will bring the ACT private industry scheme into line with benefits available under the Commonwealth Comcare scheme. Liability of the nominal insurer and employers for common law cases will be unlimited. Currently the liability is a maximum of $200,000.
A number of additional changes to the Act in general are encompassed by this Bill. The title of the legislation will be changed to Workers' Compensation Act and gender specific references throughout the Act will be changed accordingly. Ministers of religion will be covered under the Act where the Minister declares such persons as workers. Powers of inspectors will be increased to assist enforcement and administration of the Act. Penalties will be substantially increased to bring them up to contemporary levels. Present penalties, particularly the $200 fine for an employer who fails to take out a workers' compensation policy, do not encourage compliance with the Act. New maximum fines will be $5,000 for an individual and $25,000 for a corporation.
The nominal insurer will be given the right to recover unpaid and short-paid premiums. Authority to impose fees on organisations seeking approved insurer or exempt employer status will be provided. It will be compulsory for employers to post in a conspicuous place details of workers' compensation legislation. The form of the notice will be gazetted, and there will be a penalty for non-compliance.
Employers will be required to have copies of the compensation claim forms available at all times. Provisions will be made to protect the worker in respect of a statement made by him or her. Provision will be made to prevent costs being awarded against a worker unless the court establishes that the worker's application was made frivolously, fraudulently or without proper justification.
Overall, the Bill will provide much needed upgrading of workers' compensation arrangements in the Australian Capital Territory. A number of other minor changes concerning workers' compensation arrangements will follow the passing of this Bill. Mr Speaker, today I will be introducing the Workers' Compensation (Consequential Amendments) Bill to cover those matters.
I therefore commend the Bill to the Assembly and present the explanatory memorandum for the Bill.
Debate (on motion by Mr Collaery) adjourned.
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