There have been a number of small but important amendments to New South Wales workers compensation legislation.
Relevant provisions of the Motor Accidents and Workers Compensation Legislation Amendment Act 2021 commenced on 16 June 2022.
The amendments include:
- Changes to the Workers Compensation Act 1987 with regard to deemed diseases. These are certain specified diseases and medical conditions which are deemed to be caused by certain employment, such as asbestosis. The Act has been amended so that minimum periods of service in specified employment and minimum exposure requirements can now be included on the list of deemed diseases in the regulations.
- Additional entitlements for volunteer firefighters, emergency and rescue workers under the Workers Compensation (Bush Fire, Emergency and Rescue Service) Act 1987. This amendment brings the compensation entitlements of these volunteer workers into line with those of paid workers. The new entitlements for volunteers include funeral expenses and funds management fees for dependent children of deceased volunteer workers.
The By Lawyers Workers Compensation publication has been amended accordingly.
A further provision of the amending Act awaits proclamation. This relates to an additional entitlement to compensation for any dependent children of a deceased worker. The fees charged by the NSW Trustee and Guardian to manage the dependent child’s lump sum entitlement will be a separate benefit claimable and paid by the insurer, so that a lump sum compensation amount paid to a dependent child of a deceased worker will not be eroded by fees. This amendment will be incorporated in the By Lawyers publication when it commences.