The Workers Compensation Legislation Amendment Act 2010 was recently passed by NSW
Parliament and comes into effect on 1 February 2010. This Act provides amendments to various sections of the Workers Compensation Act1987.
Although there are a number of amendments, the following table provides a brief summary of some of the amendments that are more likely to affect employers.
|Change||Affect on Workers Compensation Act1987||Current Legislation||Legislation as of 1 February 2011|
|Make-up Pay||Section 40 amended||The maximum statutory cap applies to the total amount of make-up pay received by the worker, including wagespaid by the employer.||The maximum statutory cap applies to the make-uppay component only.|
|Future Medical Treatment||Section 60 (5) created||The Workers Compensation Commission (WCC) is currently not able tomake awards for future treatment.||The WCC can will be able to make awards for future treatment when it is reasonable and necessary.|
|Retirement Age||Section 151IA amended||The male retirement age is 65 years. The female retirement age is gradually increasing as per the Social Security Act 1991.||The male retirement age has been amended to reflect the retirement age in the Social Security Act 1991. This will not come into affect 2017.|
|Workplace Rehabilitation Service||Sections 9A, 38A, 59, 60 of the 1987 Act amended||The term “Occupational Rehabilitation Service” is currently used to describe any service provided as a workplace rehabilitation service by, or on behalf of, a provider of rehabilitation services approved under section 52 of the 1998 Act.||“Occupational Rehabilitation Service” has been deleted and replaced with “Workplace Rehabilitation Service”.|
|Approved rehabilitation providers||Section 23 of the WIMS Act 1998 amended||The term “Accredited rehabilitation providers”is currently used.||“Accredited rehabilitation providers” has been deleted and replaced with “Approved rehabilitation providers”. Accordingly, a rehabilitation provider only has to be approved instead of accredited.|