Changes to WA workers’ compensation laws
Western Australia’s modernised Workers Compensation and Injury Management Bill 2023 will come into effect on 1 July 2024.
The Bill is a complete re-write of the workers’ compensation legislation, replacing the 1981 Act with a modernised statute that provides clarity and certainty for stakeholders.
Key changes include:
- Doubling of the medical and health expenses cap (from $73,197 to $146,395) and extending the point at which weekly compensation payments step down (from 13 weeks to 26 weeks).
- Provisional payments to be made on deferred (pended) liability claims
- Provision of an optional pathway into the Catastrophic Injuries Support Scheme for seriously injured workers to be on the same footing as a person catastrophically injured as a result of a motor vehicle accident (lifetime tailored care and support).
- Amending the Limitation Act 2005 so that workers suffering silicosis are on the same footing as workers with asbestosis.
- Weekly rate of income compensation calculated for one year ending on the day before the day on which the worker’s injury occurred (previously 13 weeks); or the period beginning on the day on which the worker commenced to be employed in that position and ending on the day before the day on which the worker’s injury occurred (if less than one year).
- Exclusion of psychological claims which result from formal, reasonable administrative actions (mostly disciplinary) undertaken by a worker’s employer.
- Claims to be submitted within seven calendar days of receiving the claim, where previously it was 5 business days.
EBM’s Workers’ Compensation and Injury Management team will be providing clients with further information prior to the legislative changes coming into effect.
Closing Loopholes (No.2) Bill
The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 was introduced into Federal Parliament on 4 September 2023. The Bill was then split into two parts on 7 December 2023.
Part 1 received Royal Assent on 14 December and focusses on wage protection and equality with measures criminalising intentional wage underpayment – “wage theft” – and the introduction of “same job, same pay”, which ensures labour hire workers receive equivalent pay to regular employees (note: businesses with fewer than 15 employees are exempt).
Part 2 makes further, significant reforms to the Fair Work Act 2009 including changes in relation to: the definition of employee and employer; the definition of casual employee and right to convert to permanent employment; minimum standards and dispute resolution for employee-like workers performing digital platform work and regulated road transport industry contractors; independent contractor protections; right of entry for suspected underpayments and increased maximum penalties for underpayments; and a number of other changes.
Closing Loopholes (No. 2) Bill also includes a statutory right to disconnect outside of work hours.
Employers need to assess the impact of the new laws on their business. Talk to your EBM Account Manager about ensuring you have the right insurances including employment practices liability (EPL).
