Page 4061 - Week 15 - Thursday, 17 December 1992
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The type of disability specifically covered by this is loss of hearing. The current Act deems that where a worker suffers a loss of hearing or further loss of hearing in the course of employment the loss of hearing is a personal injury arising out of that employment.
The Act provides further that all former employers whose jobs contributed to the injury are liable for a proportion of the compensation that is payable. A contribution is settled by the parties concerned or is settled by arbitration. However, this process can be very time consuming, can involve considerable legal costs and usually delays payment to the disabled worker until contributions from relevant employers are agreed. Madam Speaker, it is unacceptable that delays should occur in the payment to an injured worker of compensation which is clearly established as a right under the Workers' Compensation Act. This Bill will correct the situation and reduce legal costs.
Liability to pay compensation for a loss of hearing or further loss of hearing will be the responsibility of the employer who last employed the injured worker in work of a kind which contributed to the disability. The loss of hearing is deemed to be an injury arising out of that employment. In addition, the Bill limits the period within which an employer can claim a contribution towards the compensation payout by other employers to a period commencing five years prior to the injury being reported.
Madam Speaker, the proposed amendment was unanimously recommended to the Government by the Workers Compensation Monitoring Committee, which comprises representatives of unions, the insurance industry and employer groups. Support for the Bill was also received from the Industrial Relations Advisory Council. Overall, this amendment is considered to be more satisfactory in terms of ensuring that both workers' rights are maintained and costs in handling claims are minimised.
A second amendment included in the Bill is to correct a drafting error which was made in the Workers' Compensation (Amendment) Act 1991. A formula included in schedule 1 to the Workers' Compensation Act was incorrectly referenced. The unintended change to the formula caused compensation entitlements to be calculated at a lower level than they would otherwise have been. The effect of this Bill will restore the formula to its previous form and enable those workers who had been adversely affected to recover the amount lost. I commend the Bill to the Assembly and present the explanatory memorandum for the Bill.
Debate (on motion by Mr De Domenico) adjourned.
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