2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Workplace Safety and Industrial Relations)
Workers Compensation Amendment Bill 2017

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Workers Compensation Act 1951
	4	Employment-related diseases
Section 28	3
	5	Definitions—pt 4.3
Section 36G (1), new definition of pension age	3
	6	When do weekly compensation payments begin etc?
New section 38 (4) and (5)	3
	7	Entitlement to weekly compensation for first 26 weeks of incapacity
Section 39 (3) (b) and (c)	4
	8	Entitlement to weekly compensation after first 26 weeks of incapacity
Section 40 (4) (a) and (b)	4
	9	Death benefits
Section 77 (2) (a) and (b)	4
	10	Section 77 (2) (c) and (6)	5
	11	New section 77 (7)	5
Part 3	Workers Compensation Regulation 2002
	12	Schedule 1	6
Schedule 1	Magistrates Court (Workers Compensation Infringement Notices) Regulation 2006	18

2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Workplace Safety and Industrial Relations)
Workers Compensation Amendment Bill 2017

A Bill for
An Act to amend the Workers Compensation Act 1951 and the Workers Compensation Regulation 2002, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Workers Compensation Amendment Act 2017.
2	Commencement
	(1)	Sections 5, 7 and 8 are taken to have commenced on 1 July 2017.
	(2)	The remaining provisions commence on the day after this Act’s notification day.
3	Legislation amended
This Act amends the Workers Compensation Act 1951 and the Workers Compensation Regulation 2002.
Note	This Act also amends the Magistrates Court (Workers Compensation Infringement Notices) Regulation 2006 (see sch 1).

Part 2	Workers Compensation Act 1951
4	Employment-related diseases
Section 28
omit
a contributing factor
substitute
a substantial contributing factor
5	Definitions—pt 4.3
Section 36G (1), new definition of pension age
insert
pension age has the meaning given by the Social Security Act 1991 (Cwlth), section 23 (5A), (5B), (5C) and (5D).
6	When do weekly compensation payments begin etc?
New section 38 (4) and (5)
insert
	(4)	An employer commits an offence if the employer—
	(a)	is required under subsection (1) to begin the payment of workers compensation to a worker; and
	(b)	fails to comply with the requirement.
Maximum penalty:  10 penalty units.
	(5)	An offence against this section is a strict liability offence.
7	Entitlement to weekly compensation for first 26 weeks of incapacity
Section 39 (3) (b) and (c)
substitute
	(b)	if the worker was, on the initial incapacity date for the injury, younger than the pension age by more than 2 years—for any period after the worker reaches pension age; or
	(c)	if the worker was, on the initial incapacity date for the injury, younger than the pension age by 2 years or less—for any period more than 2 years after the initial incapacity date.
8	Entitlement to weekly compensation after first 26 weeks of incapacity
Section 40 (4) (a) and (b)
substitute
	(a)	if the worker was, on the initial incapacity date for the injury, younger than the pension age by more than 2 years—for any period after the worker reaches pension age; or
	(b)	if the worker was, on the initial incapacity date for the injury, younger than the pension age by 2 years or less—for any period more than 2 years after the initial incapacity date.
9	Death benefits
Section 77 (2) (a) and (b)
substitute
	(a)	a single lump sum payment of $539 002.37 wpi indexed to be divided between the dependants;
	(b)	for each dependant who is a child—weekly compensation of $148.23 wpi indexed;
10	Section 77 (2) (c) and (6)
omit
$4 000
substitute
$11 828.87
11	New section 77 (7)
insert
	(7)	In this section:
WPI means the Wage Price Index number published by the Australian Statistician.
wpi indexed, for an amount, means the amount as adjusted in line with any adjustment in the WPI since the commencement of the provision in which the amount appears.

Part 3	Workers Compensation Regulation 2002
12	Schedule 1
substitute
Schedule 1	Diseases related to employment
(see s 96)
Note	This table is derived from Deemed Diseases in Australia published by Safe Work Australia in August 2015. The report is accessible at www.safeworkaustralia.gov.au.
	Part 7 of the report includes recommended guidance material on each  disease itemised in the table. The material provides guidance on whether or not a claim might be appropriate given the current knowledge about the disease and its relationship to relevant exposures.

column 1
item	column 2
disease	column 3
employment	
	INFECTIOUS DISEASE		
1	Anthrax	employment involving work with animals or animal carcasses (for example employment as an animal handler, pelt handler, abattoir worker, or meat inspector)	
2	Brucellosis	employment involving work with animals or animal carcasses (for example employment as a veterinarian, farmer or farm worker, abattoir worker or laboratory worker)	
3	Hepatitis A	employment involving contact with human waste (for example employment as a child care worker, carer of intellectually disabled people, worker in a rural or remote indigenous community, sewage worker or plumber)	
4	Hepatitis B and C	employment involving contact with human bodily secretions (for example employment as a health care worker, embalmer, person who handles body substances, clinical laboratory staff, worker in long-term correctional facilities, police, member of the armed forces or emergency services worker)	
5	HIV/AIDS	health care worker or laboratory worker who becomes HIV positive after a needlestick injury	
6	Leptospirosis	employment involving work with animals or animal carcasses (for example employment as a farmer or farm worker, abattoir worker, forestry worker, hunter, veterinarian or livestock transport operator) or work with animal or human waste (for example employment as a plumber)	
7	Orf	employment involving work with sheep or sheep carcasses (for example employment as a sheep farmer or farm worker, goat farmer or farm worker, abattoir worker or meat inspector)	
8	Q fever	employment involving contact with animals or animal parts in a rural setting (for example an abattoir worker, stock worker, stock transporter, shearer, hide processor, farmer or veterinary surgeon)	
9	Tuberculosis	employment involving contact with people or animals in situations where tuberculosis prevalence is likely to be significantly higher than the general community (for example employment as a health worker, clinical laboratory worker, funeral parlour staff, farmer or veterinary surgeon), or person with silicosis	
	MALIGNANCY		
10	Salivary gland	employment involving exposure to ionizing radiation 	
11	Nasopharynx	employment involving exposure to formaldehyde or wood dust 	
12	Oesophagus	employment involving exposure to ionizing radiation	
13	Stomach	employment involving exposure to ionizing radiation	
14	Colon and rectum	employment involving exposure to ionizing radiation	
15	Liver	employment involving exposure to vinyl chloride monomer, Hepatitis B virus or Hepatitis C virus	
16	Nasal cavity and para‑nasal sinuses	employment involving exposure to ionizing radiation, leather dust, nickel or wood dust	
17	Larynx	employment involving exposure to strong inorganic acid mist or asbestos	
18	Lung	employment involving exposure to arsenic, asbestos, beryllium, bis(chloromethyl)ether, cadmium, chromium VI, diesel engine exhaust, environmental tobacco smoke, ionizing radiation, nickel, polycyclic aromatic hydrocarbons, Radon-222 and its decay products, silica dust (crystalline) or soot (chimney sweeping)	
19	Bone	employment involving exposure to ionizing radiation	
20	Skin (melanoma)	employment involving exposure to solar radiation or polychlorinated biphenyls	
21	Skin (non-melanoma)	employment involving exposure to ionizing radiation, polycyclic aromatic hydrocarbons or solar radiation	
22	Mesothelioma	employment involving exposure to asbestos	
23	Breast (female)	employment involving exposure to ionizing radiation	
24	Ovary	employment involving exposure to asbestos	
25	Kidney	employment involving exposure to ionizing radiation or tricholoroethylene	
26	Bladder	employment involving exposure to 2-naphthylamine, benzidine, cyclophosphamide, ionizing radiation, ortho-toluidine, polycyclic aromatic hydrocarbons associated with aluminium production	
27	Brain	employment involving exposure to ionizing radiation	
28	Thyroid	employment involving exposure to ionizing radiation	
29	Leukaemia (excluding chronic lymphatic leukaemia)	employment involving exposure to benzene, butadiene, cyclophosphamide, formaldehyde, Hepatitis C virus or ionizing radiation	
30	Non-Hodgkin's Lymphoma	employment involving exposure to ionizing radiation	
	DISEASES OF THE NERVOUS SYSTEM		
31	Parkinson's disease	employment involving exposure to manganese	
32	Peripheral neuropathy	employment involving exposure to metals (for example lead, mercury and arsenic), organic solvents (for example n-hexane, carbon disulphide and trichloroethylene), pesticides (for example organophosphates) or acrylamide	
33	Noise induced hearing loss	employment involving exposure to persistent or intermittent noise above 85dB(A)	
	RESPIRATORY DISEASES		
34	Occupational asthma (excluding pre-existing asthma worsened due to exposure to workplace irritants)	employment involving exposure to sensitising agents or irritants	
35	Coal workers' pneumoconiosis	employment involving exposure to coal	
36	Asbestosis	employment involving exposure to asbestos	
37	Silicosis	employment involving exposure to silica	
38	Other pneumoconiosis	involving exposure known to occasionally cause pneumoconiosis (for example beryllium, tin, iron oxide, barium, aluminium, cobalt or tungsten)	
39	Byssinosis 	employment involving exposure to cotton, flax, hemp or sisal dust	
40	Extrinsic allergic alveolitis	employment involving exposure to damp material of biological origin (for example mouldy hay, straw, grain and feathers)	
	HEPATIC DISEASES		
41	Non-infectious hepatitis	employment involving exposure to agents known to cause hepatitis (particularly organic solvents)	
42	Chronic active hepatitis	employment involving contact with human bodily secretions (for example employment as a health care worker, embalmer, person who handles body substances, clinical laboratory staff, worker in long-term correctional facilities, police, member of the armed forces or emergency services worker) – for a person with known Hepatitis B Virus (HBV) or Hepatitis C Virus (HCV), where the HBV or HCV was contracted through the employment	
43	Hepatic cirrhosis	employment involving contact with human bodily secretions (for example employment as a health care worker, embalmer, person who handles body substances, clinical laboratory staff, worker in long-term correctional facilities, police, member of the armed forces or emergency services worker) – for a person with known Hepatitis B Virus (HBV) or Hepatitis C Virus (HCV), where the HBV or HCV was contracted through the employment	
	SKIN DISEASES		
44	Contact dermatitis (irritant and allergic)	employment involving exposure to sensitising agents or irritants	
45	Occupational vitiligo	employment involving exposure to para-tertiary-butylphenol, para‑tertiary-butylcatechol, para‑amylphenol, hydroquinone, or the monobenzyl or monobutyl ether of hydroquinone	
	MUSCULOSKELETAL DISEASES		
46	Raynaud's disease	employment involving exposure to vibration from powered tools and equipment	
47	Bursitis (at the elbow or knee)	employment involving prolonged external friction or pressure or repetitive motion at or about the elbow or the knee	
	ACUTE POISONING/TOXICITY		
48	Acute poisoning/toxicity (includes acute damage to the heart, lungs, liver, kidney, nervous system and blood)	employment involving exposure to acrylonitrile, alcohols, antimony, arsenic, benzene, beryllium, cadmium, carbon disulphide, chromium, copper, fluorine, glycols, hexane, ketones, lead, manganese, mercury, mineral acids, nitroglycerine or other nitric acid esters, osmium, oxides of nitrogen, ozone, pesticides consisting of organophosphate and organochlorine compounds, herbicides and related compounds, pharmaceutical agents, phosgene, phosphorus, selenium, styrene, thallium, tin, toluene, vanadium, zinc,
chemical asphyxiants (for example carbon monoxide, hydrogen cyanide, hydrogen sulphide or methylene chloride), benzoquinone and other corneal irritants, toxic halogen derivatives of aliphatic or aromatic hydrocarbons, toxic nitro- and amino-derivatives of benzene, and other less common, specific substances known to result in poisoning/toxicity that have not been named here	

Schedule 1	Magistrates Court (Workers Compensation Infringement Notices) Regulation 2006
    
(see s 3)
[1.1]	Schedule 1
substitute
Schedule 1	Workers Compensation Act infringement notice offences and penalties
(see s 7 and s 8)

column 1
item	column 2
offence provision, and if relevant, case	column 3
offence penalty
(penalty units)	column 4
infringement penalty ($)	
1	38 (4)	10	300	
2	90 (1) 	10	300	
3	92 (3) 	50	1 500	
4	94A (1)	50	1 500	
5	94B (1)	50	1 500	
6	94B (2)	50	1 500	
7	109 (1) 	10	300	
8	109 (2) 	10	300	
9	126 (1) 	50	1 500	
10	126A (2) 	50	1 500	
11	142 (1) 	50	1 500	
12	147A (2) 	50	1 500	
13	147A (3) 	50	1 500	
14	153 (1) 	50	1 500	
15	154 (1)	10	300	
16	155 (3) 	50	1 500	
17	156 (3) 	50	1 500	
18	157 (2) 	50	1 500	
19	158 (3) 	50	1 500	
20	161 (1), if authorised person under s 161 is inspector	50	1 500	
21	164 (6) 	50	1 500	
22	176 (1) 	50	1 500	
23	178 (2) 	10	300	
24	178 (4) 	10	300	
25	190 (3) 	50	1 500	

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 31 October 2017.
2	Notification
	Notified under the Legislation Act on	2017.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2017