Page 3438 - Week 09 - Thursday, 20 August 2009
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employer that it indemnifies. This anomaly can result in costly delays and take up precious court time while ignoring the plight of injured workers and their families. The current arrangements also distract the fund manager from the core business of overseeing benefits and ongoing care for injured workers, in addition to pursuing the recovery of costs from those employers who have failed to maintain a policy of insurance.
The Workers Compensation (Default Insurance Fund) Amendment Bill 2009 will enable the default insurance fund manager to act in court and settle claims with injured workers without the consent of non-compliant employers—employers who have failed to do the right thing by taking out a workers compensation insurance policy.
As I mentioned when tabling this bill, the sole purpose of the default insurance fund is to provide a safety net to injured workers here in the ACT to ensure that they have access to timely and appropriate medical treatment, rehabilitation and compensation. Workplace safety should be seen not as an onerous obligation on employees but as a fundamental right for everyone in the workplace. Having access to appropriate medical treatment and potential physiotherapy in a timely manner is the least any injured worker should expect when they have received a workplace injury. Simply put, the default insurance fund will be able to provide that safety net without requiring the consent of the non-compliant employer. This is a move that should be applauded by all sections of the community, including business and worker representatives.
This bill provides for reasonable steps to be taken to consult with the non-compliant employer and to take into consideration any views in the conduct of the claims or the legal proceedings.
In summary, this bill will reduce court time and legal and administrative costs associated with certain compensation claims. Most importantly, the proposed amendments will allow for the timely payment of compensation benefits to injured workers employed by non-compliant employers.
I would note that work continues on refining the default insurance fund, with a firm focus on the needs and rehabilitation of workers.
I would like to express my appreciation to officers of the Office of Industrial Relations, particularly Robert Gotts and Meg Brighton, for their hard work and diligence in this body of work.
I also need to express my appreciation to the vast range of people involved in the consultation process. This government is committed to consultation. We have consulted widely with the industry—in particular, with the chamber of commerce and industry, which is, of course, a leader. We want the industry to make it hard for those people in the industry who are not doing the right thing. This is a fine example of how the Labor government is working in partnership with industry as a result of that consultation process to which we are all committed.
I thank members for their interest in this important bill and I thank them sincerely for their support here today.
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