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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
WORKERS REHABILITATION AND
COMPENSATION AMENDMENT BILL 2004
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 69B amended (Period for which benefits are
payable)
5. Section 126A inserted
126A. Claims against Nominal Insurer for increase in
payments
6. Section 127B amended (Nominal Insurer Special
Account)
7. Section 128A amended (Special contributions)
[Bill 28]-I
2
WORKERS REHABILITATION AND
COMPENSATION AMENDMENT BILL 2004
(Brought in by the Minister for Infrastructure, Energy and
Resources, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the Workers Rehabilitation and
Compensation Act 1988
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Workers Rehabilitation
and Compensation Amendment Act 2004.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
[Bill 28] 3
s. 3 No. Workers Rehabilitation and 2004
Compensation Amendment
Principal Act
3. In this Act, the Workers Rehabilitation and
Compensation Act 1988* is referred to as the Principal
Act.
Section 69B amended (Period for which benefits are
payable)
4. Section 69B of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(b) "52" and
substituting "78";
(b) by omitting from subsection (1)(c) "70%" and
substituting "80%";
(c) by omitting from subsection (1)(c) "52" and
substituting "78";
(d) by omitting from subsection (1)(c) "10" and
substituting "9";
(e) by omitting from subsection (2) "10" and
substituting "9";
(f) by inserting the following subsection after
subsection (4):
(5) The amendments to subsections (1)
and (2) effected by the Workers Rehabilitation
and Compensation Amendment Act 2004 apply
to all claims for compensation relating to
periods of incapacity suffered after the
commencement of that Act with respect to
injuries occurring on or after 1 July 2001.
*No. 4 of 1988
4
2004 Workers Rehabilitation and No. s. 5
Compensation Amendment
Section 126A inserted
5. After section 126 of the Principal Act, the following
section is inserted in Division 5:
Claims against Nominal Insurer for increase in
payments
126A. (1) Where an employer becomes liable, as a
result of the amendments to section 69B effected by
the Workers Rehabilitation and Compensation
Amendment Act 2004, for increased weekly
payments in respect of claims for compensation
relating to periods of incapacity suffered after the
commencement of that Act with respect to injuries
occurring on or after 1 July 2001, the employer's
insurer or, if the employer is a self-insurer, the
employer may make a claim against the Nominal
Insurer for an amount equivalent to the increase in
those weekly payments.
(2) The Nominal Insurer is to pay to the
employer's insurer or, if the employer is a self-
insurer, the employer the amount equivalent to the
increase in weekly payments referred to in
subsection (1).
(3) For the purposes of this section, the Crown
in the right of this State is taken to be a self-insurer.
Section 127B amended (Nominal Insurer Special
Account)
6. Section 127B(2) of the Principal Act is amended by
inserting before paragraph (a) the following paragraph:
(aa) any amount payable under section 126A(2);
and
5
s. 7 No. Workers Rehabilitation and 2004
Compensation Amendment
Section 128A amended (Special contributions)
7. Section 128A of the Principal Act is amended as
follows:
(a) by omitting subsection (2) and substituting the
following subsection:
(2) If the Nominal Insurer is or will be
liable to pay amounts of the type specified in
section 127A(3) -
(a) as a result of the insolvency of a
licensed insurer or former licensed
insurer; or
(b) as a result of the operation of
section 126A -
the Minister may require all policyholders and
self-insurers to pay to the Nominal Insurer, in
each year, a special contribution determined
by the Minister.
(b) by inserting the following paragraph after
paragraph (d) in subsection (4):
(da) the expected amounts that the
Nominal Insurer will be required
to pay under section 126A(2); and
6 Government Printer, Tasmania