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New South Wales
Workers Compensation Legislation
Amendment (Benefits) Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Workers Compensation Act 1987 No 70 2
4 Amendment of Workers Compensation (Bush Fire,
Emergency and Rescue Services) Act 1987 No 83 2
5 Repeal of Act 2
Schedule 1 Amendment of Workers Compensation Act 1987 3
Schedule 2 Amendment of Workers Compensation (Bush Fire,
Emergency and Rescue Services) Act 1987 8
b2008-065-20.d14
New South Wales
Workers Compensation Legislation
Amendment (Benefits) Bill 2008
No , 2008
A Bill for
An Act to amend the Workers Compensation Act 1987 to make further provision for
benefits payable under the Act and workers compensation insurance.
Clause 1 Workers Compensation Legislation Amendment (Benefits) Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Workers Compensation Legislation Amendment 3
(Benefits) Act 2008. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Amendment of Workers Compensation Act 1987 No 70 7
The Workers Compensation Act 1987 is amended as set out in 8
Schedule 1. 9
4 Amendment of Workers Compensation (Bush Fire, Emergency and 10
Rescue Services) Act 1987 No 83 11
The Workers Compensation (Bush Fire, Emergency and Rescue 12
Services) Act 1987 is amended as set out in Schedule 2. 13
5 Repeal of Act 14
(1) This Act is repealed on the day following the day on which the Act 15
commences. 16
(2) The repeal of this Act does not, because of the operation of section 30 17
of the Interpretation Act 1987, affect any amendment made by this Act. 18
Page 2
Workers Compensation Legislation Amendment (Benefits) Bill 2008
Amendment of Workers Compensation Act 1987 Schedule 1
Schedule 1 Amendment of Workers Compensation 1
Act 1987 2
(Section 3) 3
[1] Section 25 Death of worker leaving dependants 4
Omit "and the worker leaves any dependants wholly dependent for support on 5
the worker," from section 25 (1). 6
[2] Section 25 (1) (a) 7
Omit the paragraph. Insert instead: 8
(a) the amount of $425,000 (the lump sum death benefit), 9
which is to be apportioned among any dependants who are 10
wholly or partly dependent for support on the worker or (if 11
there are no such dependants) paid to the worker's legal 12
personal representative, and 13
[3] Section 26 14
Omit sections 26-27A. Insert instead: 15
26 Funeral expenses 16
If compensation is payable under this Division for a death 17
resulting from an injury, the employer must pay additional 18
compensation equal to reasonable funeral expenses not 19
exceeding $9,000 or such other amount as may be prescribed by 20
the regulations. 21
[4] Section 29 Apportionment of payments between dependants 22
Insert after section 29 (1): 23
(1A) The lump sum death benefit payable under this Division is not to 24
be apportioned if a deceased worker leaves only one dependant 25
(whether wholly or partly dependent on the worker for support) 26
and the whole of the lump sum death benefit is to be paid to that 27
one dependant. 28
(1B) In apportioning the lump sum death benefit payable under this 29
Division between 2 or more dependants, the whole lump sum 30
death benefit is to be apportioned among those dependants (so 31
that the sum of the apportioned amounts equals the full lump sum 32
death benefit). 33
Page 3
Workers Compensation Legislation Amendment (Benefits) Bill 2008
Schedule 1 Amendment of Workers Compensation Act 1987
[5] Section 79 Definitions 1
Omit the definition of base index number. Insert instead: 2
base index number means: 3
(a) in respect of an adjustable amount that is the amount 4
specified in section 25 (1) (a)--the number 212.1, and 5
(b) in respect of any adjustable amount that is an amount 6
specified in section 66 or 67--the number declared by the 7
regulations to be the base index number for that adjustable 8
amount, and 9
(c) in respect of any other adjustable amount--the number 10
130.8. 11
[6] Section 81 Rounding off 12
Omit "section 25" from section 81 (1). Insert instead "section 25 (1) (a)". 13
[7] Section 85 Payments to Public Trustee for benefit of beneficiary 14
Insert "a worker's legal personal representative or" after "unless paid to" in 15
section 85 (1) (a). 16
[8] Section 168A 17
Insert after section 168: 18
168A Optional alternative method of calculating premium for large 19
employers 20
(1) An insurance premiums order may fix (as an optional alternative 21
method) an alternative method for calculating the premium 22
payable for a policy of insurance by an employer who is 23
classified under the order as a large employer (or a person who 24
proposes to become such an employer). 25
(2) An optional alternative method for calculating premium applies 26
to an employer only if: 27
(a) the employer satisfies any criteria established by the 28
insurance premiums order for eligibility for the optional 29
alternative method, and 30
(b) the Nominal Insurer has, on the application of the 31
employer, approved of the optional alternative method 32
applying to the employer for the time being. 33
(3) The Nominal Insurer may revoke an approval under this section 34
at any time. 35
Page 4
Workers Compensation Legislation Amendment (Benefits) Bill 2008
Amendment of Workers Compensation Act 1987 Schedule 1
(4) If an optional alternative method applies to an employer, that 1
method applies for the purpose of calculating the relevant 2
premium payable by the employer instead of any method that 3
would otherwise apply to the employer under the insurance 4
premiums order. 5
[9] Section 172A 6
Insert after section 172: 7
172A Security deposit or guarantee for payment of premium--optional 8
alternative premium calculation method 9
(1) The Nominal Insurer may require an employer who is or was 10
insured under a policy of insurance the premium for which was 11
determined by an optional alternative method (as referred to in 12
section 168A) to have on deposit with the Nominal Insurer the 13
employer's required deposit in respect of the policy, and the 14
employer must: 15
(a) deposit with the Nominal Insurer such amount as the 16
Nominal Insurer determines and notifies the employer to 17
be the employer's required deposit in respect of the policy 18
of insurance concerned, and 19
(b) deposit with the Nominal Insurer, at such time or times as 20
the Nominal Insurer may direct by notice to the employer, 21
such additional amount or amounts as the Nominal Insurer 22
determines to be necessary to ensure that the amount the 23
employer has on deposit under this section is the 24
employer's required deposit for the time being. 25
Maximum penalty: 100 penalty units. 26
(2) The Nominal Insurer is to hold money on deposit under this 27
section on trust for the payment and satisfaction of the 28
employer's liability to pay any premium (including any 29
adjustment of premium) payable in respect of the policy of 30
insurance to which the money held on deposit relates. 31
(3) An amount of money deposited with the Nominal Insurer under 32
this section is not liable to be attached or levied on or made 33
subject to any debts of or claims against the employer making the 34
deposit, except as provided by subsection (2). 35
(4) The Nominal Insurer may at any time refund to an employer who 36
has money on deposit under this section any amount by which the 37
employer's deposit exceeds the employer's required deposit for 38
the time being. 39
Page 5
Workers Compensation Legislation Amendment (Benefits) Bill 2008
Schedule 1 Amendment of Workers Compensation Act 1987
(5) An employer must comply with any written direction of the 1
Nominal Insurer to provide the Nominal Insurer with specified 2
information (including actuarial information) for the purpose of 3
enabling the Nominal Insurer to determine the employer's 4
required deposit in respect of a policy of insurance from time to 5
time. 6
Maximum penalty: 50 penalty units. 7
(6) Sections 214-215A apply to and in respect of an amount of 8
money deposited with the Nominal Insurer under this section as 9
if: 10
(a) the amount deposited were deposited pursuant to an 11
obligation imposed under Division 5 (Self-insurers) of 12
Part 7, and 13
(b) the employer were a self-insurer while the employer holds 14
a policy of insurance in respect of which the amount is held 15
on deposit, and 16
(c) a reference in those provisions to the Authority were a 17
reference to the Nominal Insurer. 18
(7) An employer who has deposited an amount of money with the 19
Nominal Insurer under this section is entitled to a refund of the 20
amount so deposited and standing to the employer's credit with 21
the Nominal Insurer: 22
(a) on the expiration of 3 months after service on the Nominal 23
Insurer of a written request for the refund, and 24
(b) on satisfying the Nominal Insurer that the employer's 25
liability referred to in subsection (2) has been discharged 26
or adequately provided for. 27
(8) In this section: 28
employer includes a former employer. 29
required deposit in respect of a policy of insurance means the 30
amount fixed by or determined in accordance with the relevant 31
insurance premiums order as the required deposit for the policy. 32
Page 6
Workers Compensation Legislation Amendment (Benefits) Bill 2008
Amendment of Workers Compensation Act 1987 Schedule 1
[10] Schedule 6 Savings, transitional and other provisions 1
Insert as Part 19F: 2
Part 19F Provisions consequent on enactment of 3
Workers Compensation Legislation 4
Amendment (Benefits) Act 2008 5
1 Definition 6
In this Part: 7
2008 amending Act means the Workers Compensation 8
Legislation Amendment (Benefits) Act 2008. 9
2 Changes to death benefit 10
(1) The amendments made by the 2008 amending Act with respect to 11
compensation payable under Division 1 (Compensation payable 12
on death) of Part 3 (a death benefit) extend to deaths that occur 13
on or after 24 October 2007 (whenever the injury occurred), but 14
not to a death resulting from an injury received before 30 June 15
1987. 16
(2) In the case of a death benefit that is payable to a worker's legal 17
personal representative in respect of death occurring before the 18
commencement of this clause, the regulations may make 19
provision for payment of the death benefit to any beneficiary or 20
creditor of the deceased worker's estate (instead of to the legal 21
personal representative) where administration of the deceased's 22
estate is finalised before or within 6 months after the 23
commencement of this clause. 24
(3) Regulations under subclause (2) may extend to compensation 25
payable under section 10 (a) or 26 (a) of the Workers 26
Compensation (Bush Fire, Emergency and Rescue Services) Act 27
1987. 28
[11] Schedule 6, Part 20 29
Insert at the end of clause 1 (1): 30
Workers Compensation Legislation Amendment (Benefits) Act 31
2008 32
Page 7
Workers Compensation Legislation Amendment (Benefits) Bill 2008
Schedule 2 Amendment of Workers Compensation (Bush Fire, Emergency and Rescue
Services) Act 1987
Schedule 2 Amendment of Workers Compensation 1
(Bush Fire, Emergency and Rescue 2
Services) Act 1987 3
(Section 4) 4
[1] Section 11 Provisions relating to compensation for injury or death 5
Omit section 11 (2A). 6
[2] Section 11 (4)-(4B) 7
Omit section 11 (4). Insert instead: 8
(4) The compensation payable under subsection (2) to each 9
dependant of a fire fighter may be apportioned by the Authority. 10
(4A) The compensation payable under subsection (2) is not to be 11
apportioned if a fire fighter leaves only one dependant (whether 12
wholly or partly dependent on the fire fighter for support) and the 13
whole of the compensation payable under subsection (2) is to be 14
paid to that one dependant. 15
(4B) In apportioning the compensation payable under subsection (2) 16
between 2 or more dependants, the whole of the amount payable 17
is to be apportioned among those dependants (so that the sum of 18
the apportioned amounts equals the full amount of the 19
compensation payable under subsection (2)). 20
[3] Section 27 Provisions relating to compensation for injury or death 21
Omit section 27 (2A). 22
[4] Section 27 (4)-(4B) 23
Omit section 27 (4). Insert instead: 24
(4) The compensation payable under subsection (2) to each 25
dependant of a worker may be apportioned by the Authority. 26
(4A) The compensation payable under subsection (2) is not to be 27
apportioned if a worker leaves only one dependant (whether 28
wholly or partly dependent on the worker for support) and the 29
whole of the compensation payable under subsection (2) is to be 30
paid to that one dependant. 31
(4B) In apportioning the compensation payable under subsection (2) 32
between 2 or more dependants, the whole of the amount payable 33
is to be apportioned among those dependants (so that the sum of 34
the apportioned amounts equals the full amount of the 35
compensation payable under subsection (2)). 36
Page 8
Workers Compensation Legislation Amendment (Benefits) Bill 2008
Amendment of Workers Compensation (Bush Fire, Emergency and Rescue Schedule 2
Services) Act 1987
[5] Schedule 1 Savings and transitional provisions 1
Insert at the end of clause 1A (1): 2
Workers Compensation Legislation Amendment (Benefits) Act 3
2008 to the extent that it amends this Act 4
[6] Schedule 1, Part 5 5
Insert after Part 4: 6
Part 5 Workers Compensation Legislation 7
Amendment (Benefits) Act 2008 8
5 Definition 9
In this Part: 10
2008 amending Act means the Workers Compensation 11
Legislation Amendment (Benefits) Act 2008. 12
6 Changes to death benefit 13
The amendments made by the 2008 amending Act with respect to 14
compensation payable under section 11 (2) or 27 (2) extend to 15
deaths that occur on or after 24 October 2007 (whenever the 16
injury occurred), but not to a death resulting from an injury 17
received before 30 June 1987. 18
Page 9
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