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| Ms SCRYMGOUR (Employment, Education and Training): Madam Speaker, I move that bill now be read a second time. The bill will amend matters addressed by the Workers Rehabilitation and Compensation Act, the mediation process, the deemed acceptance of a deferred claim, and the anomalies that exist for prescribed volunteers. The bill will reduce the length of time workers have to wait before making applications to the Work Health Court and provide full disclosure of medical reports for the mediation process. Also, the bill will address an unfortunate anomaly in the act by making provisions for the deeming of a workers compensation claim to have been accepted if the employer does not notify the worker of a decision to accept or dispute the claim within 56 days of a decision to defer liability. The bill will also address the unfair advantage of prescribed volunteers to receive financial compensation greater than that currently available to other Territory workers. In 2004, a review of the Northern Territory’s Workers Compensation Scheme mediation process was conducted. A report of the review findings was compiled, and all seven recommendations from the review were approved by the former Minister for Employment, Education and Training. The two outstanding recommendations needing to be addressed require legislative amendment. Currently, when a dispute arises between an injured worker and their employer’s insurer, prior to a person making application to the Work Health Court for a hearing, they must participate in the Work Health Authority’s mediation process. This requirement has been established to provide an avenue by which a dispute can be resolved without instituting legal proceedings. Once a request for mediation is received, NT WorkSafe must refer the matter to a mediator within seven days. The mediator then has 28 days in which to complete the mediation process. The review found the 28 day time frame too long. The worker who would have had their workers compensation benefit denied or reduced are often stressed and find any delay in obtaining redress difficult. The review recommended that the mediation time frame be reduced to 21 days. The recommendation two was that full disclosure of all medical reports be required prior to a mediation conference occurring. Currently, once appointed, the mediator is provided with copies of all documents supplied to the NT WorkSafe by the parties seeking to mediate an issue. However, the worker may not possess copies of all medical reports the insurer has obtained. The insurance company only has to provide NT WorkSafe with a copy of the medical reports they rely on to dispute liability. All other information can be withheld, for example, reports of medical practitioners who are consulted by the insurer but support the worker’s argument. The worker may know a medical report exists because a particular doctor has examined him or her. The worker may have an understanding of the doctor’s possibly supportive view as a result of a conversation during examination. The review found the value of mediation as a low cost, efficient means of resolving disputed claims is currently being hindered in terms of successfully resolving disputes by the fact that full disclosure of medical reports is not provided for in the act. Therefore, a number of matters that may otherwise be resolved through mediation proceed to the Work Health Court. Workers do not approach the court specifically to gain access to these reports. They make application to the court to resolve the issue in dispute, knowing that, in the process, these reports, which were not offered up prior to or during mediation, must now be provided to all parties and considered by the court. It is submitted that full disclosure of all medical reports prior to a mediation conference will facilitate a fairer and timelier resolution of the dispute. Addressing the anomaly regarding the deeming of a workers compensation claim will close an unintentional loophole that may afford the insurer a benefit for not making a decision on a claim. An insurer, within ten working days after receiving a claim for compensation, must notify the worker who lodged the claim that it either accepts liability, defers accepting liability, or disputes liability for compensation. When a deferral occurs, it is usually to provide the employer and their insurer with an opportunity to investigate matters pertaining to the claim. A deferral remains in force for up to 56 days after the worker has been notified of the decision to defer. However, if a decision to accept or deny liability is not made in that time, payment of weekly benefits will continue until such time as a decision is made and the worker notified. During the deferral period, the injured worker cannot receive reimbursement for medical, other treatment or rehabilitation costs except for injuries involving mental stress. The proposed amendment will allow the worker to receive reimbursement for medical, other treatment and rehabilitation costs from the first day they became entitled to compensation and will give the necessary incentive to the employer and their insurer to make a timely decision as to liability following an earlier decision to defer. Addressing the anomalies regarding the prescribed volunteer section of the act will remove the current opportunity for injured prescribed volunteers to receive workers compensation benefits for life on top of their normal salary from their usual employment. NT WorkSafe was advised of a claim involving a volunteer bushfire fighter. This claim has drawn attention to the anomalies associated with section 66 of that act. In particular, it is anomalous that a prescribed volunteer, which is unlike other workers pursuant to section 66 of the act, in conjunction with regulation 8 is entitled to at least 50% of average weekly earnings, which is currently $516.50 per week as long as he or she has any level of impairment as a result of their injury, regardless of any income they may be receiving as a result of being employed for life. A worker is considered to be demonstrating impairment if not working full time in their normal pre-injury duties. For example, in the reported case, the injured volunteer bushfire fighter had returned to full time employment, but because he retained a minor knee injury that prevented him from being able to climb a ladder, he is entitled to benefits pursuant to section 56 and regulation 8 for life. This bill will reduce the length of time that workers have to wait before being able to make an application to the court; provide for the full disclosure of medical reports in an effort to reduce the number of disputes being referred to the court; close the loop holes in the legislation with regards to redeeming of a claim to have been accepted; and remove the current capacity for injured prescribed volunteers to receive workers compensation benefits for life on top of the salary of full time employment. Madam Speaker, I commend the bill to honourable members. Debate adjourned. |