Page 1559 - Week 06 - Thursday, 2 July 2020
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insurer licensing under the motor accident injury laws in the ACT. A streamlined insurer and self-insurer framework will mean they can focus more on injured workers rather than red tape. And insurers and self-insurers will be able to maintain their ACT licence through ongoing compliance with the act and meet their reporting and performance requirements.
The licensing framework will include requirements to apply for a licence and comply with conditions of a licence and the regulatory tools necessary to respond to a breach of those conditions. A key principle in moving to a licensing framework for both insurers and self-insurers is the principle that all injured workers in the ACT should be able to expect a consistent standard of service regardless of whether their employer has an insurance policy or is self-insured. Protecting working people is and always will be a priority for this government. If a worker is injured or suffers a disease as a result of their employment, the workers compensation scheme provides them with the coverage they need to get back on their feet and return to work or support them if that is not possible.
In relation to self-insurers, the key change will be to treat them on the same footing as an insurer. In other words, they will need to be licensed as self-insurers and if not licensed they will need to purchase a workers compensation policy of insurance from a licensed insurer. They will no longer be treated as exempt employers. Treating self-insurers as exempt is an outdated concept that is not reflective of their duties and obligations under the act. Self-insurers currently do and must continue to respond to and support their injured workers to return to health and return to work. For this reason, a licensing framework for self-insurers will reflect the obligations that the Workers Compensation Regulator expects of self-insurers.
This bill also makes a number of technical amendments to maintain the workers compensation laws. These include amendments to ensure that the regulatory functions under the Workers Compensation Act are appropriately legislated to be the function of the new Work Health and Safety Commissioner. This will include the licensing of insurers and self-insurers. In addition, technical amendments are being made to streamline the timing of reporting requirements made to the default insurance fund by insurers and self-insurers.
I now move to the amendments in this bill to the Dangerous Goods (Road Transport) Act 2009. In the ACT, dangerous goods are regulated by several statutory instruments. The dangerous goods road transportation legislation regulates the transport of dangerous goods in the territory. The legislation is based on the nationally agreed model act for the transport of dangerous goods by road or rail and is implemented in the territory pursuant to the intergovernmental agreement for regulatory and operational reform in road, rail and intermodal transport, signed in October 2003. All states and territories have adopted the model transport of dangerous goods laws.
This bill will ensure that the territory is better aligned with those model dangerous goods road transport laws. Specifically, this bill will make a number of structural changes that will allow the ACT to continue to update the associated regulations as required from time to time to maintain consistency with revisions to edition 7 of the Australian code for the transport of dangerous goods by road and rail, the ADG code,
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