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Workers' Compensation

Inquiry status:Past
Date commenced:02 Jul 2004
Tabling date:17 Nov 2004
Deadline for submissions:02 Aug 2004
Deadline Comments:This deadline is for the Workers Compensation Reform Bill 2004 and deadline for remainng terms

of reference is October 18 2004.
Date Ended:17 Nov 2004
Committee:Select Committee on Workers' Compensation
House:Legislative Council
Media Statements:No Media Statements released
Important Information:
Terms of Reference:
On July 2 2004 the Legislative Council resolved that -
(1)A Select Committee is appointed;
(2)Chapter XXII of the Standing Orders applies to the proceedings of the Select Committee;
(3)The Select Committee is to inquire into and report on -
(a)the extent to which existing and proposed laws provided an equitable, sustainable and transparent system of compensation for persons injured in the course of, or who contract an illness or disease by reason of, their employment and whether time limitations on eligibility to claim compensation operate to the detriment of workers whose work-related illness is diagnosed after the limitation has effect;
(b)the sources and methods of funding the current scheme, its administration, and the efficiencies or defects with respect to any of those matters and options that would improve or supersede current practices or arrangements;
(c)the persons or classes of person included in the scheme and the adequacy or otherwise of the grounds for exclusion or ineligibility of those not included;
(d)whether the criteria on which the quantum of compensation is assessed are appropriate or unduly restrictive or act as a disincentive to participation in the scheme;
(e)the circumstances that determine, or should determine, payment of compensation in a lump sum or periodic instalments;
(f)whether it is desirable or necessary to retain an action in tort for negligence in a case where a plaintiff is, or is not, eligible to obtain compensation under the scheme and the conditions precedent (if any) governing the right to commence judicial proceedings;
(g)the feasibility of abolishing an action in tort and substituting a statutory cause of action arising from the imposition of strict liability; and
(h)any matters with respect to those described in the preceding paragraphs.
(4)For the purposes of its inquiry the Select Committee may consider part or all of the Workers’ Compensation Reform Bill 2004 and report any findings or recommendations on that Bill during its passage. The Committee shall provide an interim report on matters relevant to the Workers Compensation Reform Bill 2004 on, or before, September 15 2004.

Submissions for the Workers' Compensation Reform Bill 2004 are due by 4.00pm on Monday, August 2 2004.

Please click here to view a copy of this Bill.

Workers Compensation Reform Bill 2004.pdf

Submissions for the remaining terms of reference are due by 4.00pm on Monday, October 18 2004.

Please click here to view a version of the Workers' Compensation and Rehabilitation Act 1981 which has been marked up with the proposed government amendments:

WorkersCompensationand RehabilitationAct1981(Blue Paper (1st half).pdf

WorkersCompensationand RehabilitationAct1981(Blue Paper (2nd half).pdf

Submission Number Submitting person/organisation
No submissions
Related Documents/Response to Questions on Notice:
Unless a venue is specified, hearings are held at the
Legislative Council Committee Rooms Ground Floor, 18-32 Parliament Place, West Perth

23 Aug 200402:45 PMLCCOCurtin UniversityDr Robert Guthrie
23 Aug 200403:45 PMLCCOAustralian Medical AssociationMr Richard Jennings, Deputy Executive Director and Dr Richard Choong, Vice-President
23 Aug 200404:45 PMLCCOBarristerMr Brian Nugawela
Tabling Comments:An interim report on the Workers’ Compensation Reform Bill 2004 was tabled on September 28 2004. The final second report was tabled on November 17 2004.
Related Transcripts of Evidence:
Evidence by.. Dr Richard Choong (Vice-President, Australian Medical Association (WA)), Mr Peter Jennings (Deputy Executive Director, Australian Medical Association (WA)) on 23 Aug 2004
Evidence by.. Dr Robert Guthrie (Head of School, Business Law School, Curtin University) on 23 Aug 2004
Evidence by.. Mr Brian Nugawela (Barrister) on 23 Sep 2004