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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Workers Compensation Legislation
Amendment (Trainees) Bill 2003
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Workers Compensation Act 1987 No 70 2
4 Amendment of Workplace Injury Management and Workers
Compensation Act 1998 No 86 2
5 Amendment of Workers Compensation Regulation 2003 2
Schedule 1 Amendment of Workers Compensation Act 1987 3
Schedule 2 Amendment of Workplace Injury Management and Workers
Compensation Act 1998 6
Schedule 3 Amendment of Workers Compensation Regulation 2003 7
b03-153-19.p01
New South Wales
Workers Compensation Legislation
Amendment (Trainees) Bill 2003
No , 2003
A Bill for
An Act to amend the Workers Compensation Act 1987 with respect to insurance
for trainees; to make consequential amendments to other laws; and for other
purposes.
Clause 1 Workers Compensation Legislation Amendment (Trainees) Bill 2003
1
The Legislature of New South Wales enacts:
2
1 Name of Act
3
This Act is the Workers Compensation Legislation Amendment
4
(Trainees) Act 2003.
5
2 Commencement
6
This Act commences on 1 January 2004.
7
3 Amendment of Workers Compensation Act 1987 No 70
8
The Workers Compensation Act 1987 is amended as set out in
9
Schedule 1.
10
4 Amendment of Workplace Injury Management and Workers
11
Compensation Act 1998 No 86
12
The Workplace Injury Management and Workers Compensation
13
Act 1998 is amended as set out in Schedule 2.
14
5 Amendment of Workers Compensation Regulation 2003
15
The Workers Compensation Regulation 2003 is amended as set out
16
in Schedule 3.
Page 2
Workers Compensation Legislation Amendment (Trainees) Bill 2003
Amendment of Workers Compensation Act 1987 Schedule 1
Schedule 1 Amendment of Workers Compensation 1
Act 1987 2
3
(Section 3)
4
[1] Section 11 Recess claims
5
Omit "apprenticeship". Insert instead "training contract".
6
[2] Section 24 Illegal employment
7
Omit "or apprenticeship" wherever occurring.
8
Insert instead "or training contract".
9
[3] Section 158 Insurance for trainees
10
Omit the section.
11
[4] Section 168 Insurance premiums orders
12
Omit section 168 (4) (b).
13
[5] Section 174 Records relating to wages, contracts etc to be kept
14
and supplied
15
Omit "or apprenticeship" from paragraph (a) of the definition of wages in
16
section 174 (9).
17
Insert instead "or a training contract".
18
[6] Section 193 Definitions
19
Omit the definition of policy of insurance from section 193 (1). Insert
20
instead:
21
policy of insurance does not include a policy of insurance of
22
any class exempted by the regulations from this Division.
23
[7] Section 217 Definitions
24
Omit the definition of policy from section 217 (1). Insert instead:
25
policy means a policy of insurance.
Page 3
Workers Compensation Legislation Amendment (Trainees) Bill 2003
Schedule 1 Amendment of Workers Compensation Act 1987
[8] Schedule 6 Savings, transitional and other provisions, Part 18G 1
2
Insert after Part 18F:
Part 18G Provisions consequent on enactment of 3
2003 trainee amendments 4
5
1 Definitions
6
In this Part:
7
the 2003 amending Act means the Workers Compensation
8
Legislation Amendment (Trainees) Act 2003.
9
trainee means a trainee within the meaning of section 158 of
10
this Act as in force immediately before its repeal by the 2003
11
amending Act.
12
2 Insurance for trainees
13
(1) Section 158 (2) of this Act (as in force immediately before its
14
repeal by the 2003 amending Act) continues to have effect in
15
relation to any person employed as a trainee immediately
16
before that repeal until 31 December 2004, or the end of the
17
traineeship, whichever first occurs (the end of the continued
18
insurance period).
19
(2) Section 158 of this Act (as in force immediately before its
20
repeal by the 2003 amending Act) continues to apply to and
21
in respect of a policy of insurance deemed by that section to
22
be held by an employer in respect of a trainee referred to in
23
subclause (1) until the end of the continued insurance period.
24
(3) The repeal of section 158 by the 2003 amending Act does not
25
affect the validity of a policy of insurance referred to in
26
subclause (2) to the extent that it relates to any liability of the
27
employer with respect to that trainee referred to in section
28
158 (3) before its repeal that arises before the end of the
29
continued insurance period.
30
(4) Clause 50 (2) of the Workers Compensation Regulation 2003
31
(as in force immediately before its repeal by the 2003
32
amending Act) continues to have effect in relation to the
33
wages of a trainee referred to in subclause (1) until the end of
34
the continued insurance period.
Page 4
Workers Compensation Legislation Amendment (Trainees) Bill 2003
Amendment of Workers Compensation Act 1987 Schedule 1
[9] Schedule 6 Part 20 1
2
Insert at the end of clause 1 (1):
3
Workers Compensation Legislation Amendment (Trainees)
4
Act 2003
Page 5
Workers Compensation Legislation Amendment (Trainees) Bill 2003
Schedule 2 Amendment of Workplace Injury Management and Workers Compensation
Act 1998
Schedule 2 Amendment of Workplace Injury 1
Management and Workers Compensation 2
Act 1998 3
4
(Section 4)
5
[1] Section 4 Definitions
6
Insert in alphabetical order in section 4 (1):
7
training contract has the meaning it has in the Apprenticeship
8
and Traineeship Act 2001.
9
Note. A training contract is a contract entered into for the purpose of
10
establishing an apprenticeship or traineeship.
11
[2] Section 4
12
Omit "apprenticeship" from the definition of worker in section 4 (1).
13
Insert instead "a training contract".
14
[3] Schedule 1 Deemed employment of workers
15
Omit "apprenticeship" from clause 1.
16
Insert instead "a training contract".
Page 6
Workers Compensation Legislation Amendment (Trainees) Bill 2003
Amendment of Workers Compensation Regulation 2003 Schedule 3
Schedule 3 Amendment of Workers Compensation 1
Regulation 2003 2
3
(Section 5)
4
Clause 50 Trainees under Australian Traineeship System
5
Omit the clause.
Page 7
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