Accident Compensation Act 1985
There are changes to the Accident Compensation Act 1985 effective from the 1st July 2010 which effect both employers and workers. Below is a summary of the changes.
Return to work
A. Employers are now required to meet five (5) core related return to work obligations.:-
1. Provide pre-injury duties or suitable employment for 12 months;
2. Plan a worker’s return to work. Planning return to work can include obtaining relevant information about the worker’s capacity for work, assessing and proposing suitable employment options and communicating with the worker about arrangements for their return to work;
3. Consult about a worker’s return to work with the worker’s medical practitioner and if involved the occupational rehabilitation services to the worker;
4. Appoint a Return to Work Coordinator who has an appropriate level of seniority and is competent to help the employer to meet their return to work obligations if they have a rateable remuneration over $2 million. Employers with a rateable remuneration of less than $2 million must appoint a return to work coordinator for the period the worker has incapacity to work;
5. Must make specific return to work information available to their workers. This information can include the name and contact details of the employer’s Agent, the name and contact details of the return to work coordinator and employer obligations and how they are met.
A new obligation has been introduced for host employers to cooperate with labour hire employers to help injured workers get back to work. Employers with existing claims as at 1 July will have a nine month transitional period where they can continue to comply with their previous return to work obligations. For all new claims after 1 July 2010, employers must comply with the new requirements.
B. Employees are required to make reasonable efforts to return to work in suitable employment and actively participate in return to work planning, occupational rehabilitation and assessments of rehabilitation and future work prospects.
Claims lodgement
An electronic lodgement facility will be available to employers where they will be able to lodge their workers’ claims for compensation directly to their Agents via the internet.
Premium
The main premium changes relate to the definitions of payroll used in calculating an employer’s premium. These have been more closely aligned with the Victorian payroll tax system and the WorkCover authority of NSW.
An employer may request a review of estimated claim costs based on erroneous errors as a result of data input.
Self Insurance
WorkSafe now has the discretion to renew the approval of self insurers for subsequent terms of six years where they have driven improvements in safety, injury management and return to work.
Self insurers are no longer required to provide an annual report to WorkSafe of common law proceedings; however they are required to notify WorkSafe of any strategically significant matters.
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