Page 1383 - Week 05 - Tuesday, 3 May 2016
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MR GENTLEMAN (Brindabella—Minister for Planning and Land Management, Minister for Racing and Gaming and Minister for Workplace Safety and Industrial Relations) (11.14): I move:
That this bill be agreed to in principle.
I rise today to present the Workers Compensation Amendment Bill 2016, which includes important amendments to the Workers Compensation Act 1951 and the Workers Compensation Regulation 2002. It has been a source of concern to this government that, although the ACT private sector workers compensation regulation includes asbestosis and mesothelioma as diseases related to employment, the Workers Compensation Act omits asbestos-caused diseases from the schedule in which compensation payable for permanent injuries is specified. This means that, although the regulation recognises these as work-related diseases, workers suffering from these diseases do not qualify for lump-sum compensation for permanent impairment.
Without access to the lump sum payment, the benefits available to workers suffering asbestos-related diseases are limited under the current statutory scheme to medical and income support. Given these limitations, affected individuals have tended to pursue common law action through the courts to seek compensation. This can be a protracted, expensive and uncertain process and is especially difficult for claimants suffering from a terminal illness.
The bill I introduce today will remedy this situation by providing no-fault statutory lump sum payments to ACT workers affected by asbestos-related disease contracted through work. The statutory lump sum amount for imminently fatal asbestos disease will be equal to 100 per cent of the single loss amount provided in section 49 of the Workers Compensation Act 1951 in recognition of the devastating impact of these diseases. The bill also addresses the difficulties faced by all parties involved in claims for long latency illnesses for former workers who may have only a short time to live.
In addition to the reforms put forward in this bill, the government has also been active in seeking administrative solutions to the historical problems of access to compensation for workers and former workers suffering from asbestos-related diseases. Prior to the 2012 election we committed to seek affiliation with the New South Wales Workers Compensation Dust Diseases Board to improve access to workers compensation for people with asbestos diseases.
Territory officials have worked with the New South Wales authority to identify services that could assist those affected in the ACT and which are transferrable to the ACT. These have included the introduction of fast-tracked claim determinations, a customised claim process, access to the experienced medical practitioners used in New South Wales, and the use of a centralised contact person to provide advice on making a claim.
The ACT government’s uninsured employer component of the default insurance fund was established to provide safety net protection for injured workers where an employer does not have a workers compensation insurance policy, and cannot meet
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