New South Wales Bills Explanatory Notes

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WORKERS COMPENSATION (BENEFITS) AMENDMENT BILL 1991

Act No. 99

WORKERS COMPENSATION (BENEFITS) AMENDMENT

BILL 1991

NEW SOUTH WALES
EXPLANATORY NOTE

(This Explanatory Note relates to this Bill as introduced into Parliament)

The objects of this Bill arc:

(a) to increase workers compensation benefits for the dependants of certain
deceased workers, for totally and partially incapacitated workers who are
suffering from work-related injuries and for workers who have sustained
permanent injuries received m the course of their employment; and
(b) to provide for the "current weekly wage rate" (used as a basis for determining
weekly compensation payments to totally incapacitated workers for the first 26
weeks of incapacity) applicable to workers paid under industrial awards to
apply on a similar basis to workers paid under enterprise agreements; and
(c) to provide, in the case of workers who are not remunerated under an award,
industrial agreement, enterprise agreement or determination and are not covered
by regulations in force for the purpose of section 42 (1) of the Principal Act,
for the "current weekly wage rate" applicable to those workers to be 80% (or
other prescribed percentage) of the remuneration payable to them; and
(d) to increase the maximum amounts that may be
awarded
to
an
injured
worker
for medical treatment, hospital treatment, the use of ambulance services,
damage to artificial limbs, spectacles and other items belonging to the worker
and damage to the worker's clothing; and
(e) to increase to $204,000 the maximum amount that a worker can be awarded for
non-economic loss (e.g. pain and suffering) in common law proceedings in
respect of a work-related injury and to reduce to $36,000 the threshold for
bringing such proceedings; and

2
Workers Compensation (Benefits) Amendment 1991
to make certain modifications to the existing scheme under which an employer
(f) reimburses the employer's insurer the first $500 of each worker's compensation
claim paid by the employer's insurer, and
(g) to exempt self-insurers from the requirement to contribute to the Insurers'
Guarantee Fund to satisfy claims, judgments and other amounts in respect of
workers compensation insurance policies issued by insurers who may become
insolvent in the future and in respect of similar policies issued by certain
insurers that are already insolvent; and
(h) to make other changes of an ancillary, consequential or minor nature.

A detailed explanation of each amendment is set out in the Bill after the amendment
concerned.

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