Page 216 - Week 01 - Thursday, 16 February 2006
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One of the other significant amendments in this bill is the requirement for employers to have certificates of currency. In the ACT until now such certificates have not been necessary. They specify the number of employees and their pay rates that an employer has registered with their insurer and are consistent with requirements for employers to keep current six monthly their details with their insurance companies. Authorised persons under the act, including union industrial officers and principal contractors—who may be liable for the workers compensation for subcontractors who were not fully covered—will then be able to request that information.
In the increasingly fragmented workplace, such arrangements greatly assist principals and others with genuine interests in workplace safety to ensure that workers compensation liabilities are met. It is reasonable to make the point that certificate of currency requirements are more formidable in New South Wales. I know that Mr Mulcahy is going to move an amendment to remove the power of an authorised union representative to visit workplaces and I will respond again when he does so.
There are other amendments in this bill that are essentially non-controversial implementations of the underlying policy intent and I expect that these will be addressed by other members. In short, I will be supporting this bill.
MS GALLAGHER (Molonglo—Minister for Education and Training, Minister for Children, Youth and Family Support, Minister for Women and Minister for Industrial Relations) (12.19), in reply: The legislation we are considering today, the Workers Compensation Amendment Bill 2005 (No 2), builds on the reforms of the ACT private sector workers compensation scheme introduced in 2002. The bill further develops the objective of reducing the cost of workplace injuries through the application of early intervention, injury management and sustainable return to work for all injured workers.
The government has undertaken extensive consultation during the development of this bill. The ACT Occupational Health and Safety Council’s Workers Compensation Advisory Committee has worked in cooperation with the government during the development of the bill and has provided advice on amendments. The bill was made available as an exposure draft in August this year and was on the ACT legislation website. Copies were also provided to all members of the OH&S Council, the Workers Compensation Advisory Committee and other interested individuals. The feedback provided through that process and the submissions received have assisted the government to further improve and refine the bill.
The bill establishes the default insurance fund which consolidates the two safety net mechanisms under the workers compensation scheme—that is, the nominal insurer, which provides compensation for injured workers who are employed by an uninsured employer, and the workers compensation supplementation fund, which provides compensation in situations where an insurer is unable to meet the costs of claims against the workers compensation policies it has issued. The new default insurance fund will hold separate accounts for claims made in each of these circumstances. The liabilities of each account will be funded using a post-funding model so that employers will only be required to contribute to the extent required to meet the costs of claims against each account. As was the case with the nominal insurer, the default insurance fund will be
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