❓ Hon. Kate Doust questions the Minister for Commerce regarding financial modelling on the impact of incorporating 'reasonable administrative action' as a defence against stress claims in workers' compensation, referencing a Commonwealth bill and a WorkCover WA report. The Minister responds that no such modelling exists for the WorkCover WA report recommendation.
AnsweredQoN 856Legislative Council
QuestionView source ↗
SAFETY, REHABILITATION AND COMPENSATION LEGISLATION AMENDMENT BILL 2014
856. Hon KATE DOUST to the Minister for
Commerce:
My question is to the Minister for Commerce and I am sure somebody will
answer it for him.
I refer to the commonwealth Safety, Rehabilitation and Compensation
Legislation Amendment Bill 2014 that was read into the Parliament of Australia
on 19 March 2014.
(1) Has WorkCover done or obtained any
financial modelling on the likely claims impact of the proposed changes to
incorporate ''reasonable administrative action'' as a defence to
stress claims?
(2) If yes to (1), will the minister table the modelling?
(3) If no to (1), why is the change proposed?
856. Hon KATE DOUST to the Minister for
Commerce:
My question is to the Minister for Commerce and I am sure somebody will
answer it for him.
I refer to the commonwealth Safety, Rehabilitation and Compensation
Legislation Amendment Bill 2014 that was read into the Parliament of Australia
on 19 March 2014.
(1) Has WorkCover done or obtained any
financial modelling on the likely claims impact of the proposed changes to
incorporate ''reasonable administrative action'' as a defence to
stress claims?
(2) If yes to (1), will the minister table the modelling?
(3) If no to (1), why is the change proposed?
AnswerView source ↗
I thank the honourable member for some notice of this question. I answer
on behalf of the Minister for Commerce.
(1) The question appears to confuse the
Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014 with
WorkCover WA's ''Review of the Workers' Compensation and
Injury Management Act 1981: Final Report''. I assume the honourable
member is referring to recommendation 18 of WorkCover WA's final
report, which recommends that the definition of ''injury''
exclude psychological injuries—diseases—arising from ''reasonable
administrative action'' taken by an employer in respect of a worker's
employment. If the question is in relation to WorkCover WA's final
report, the answer is no.
(2) Not applicable.
(3) The reasons for recommendation 18 are
discussed in WorkCover WA's final report. If the government approves
the drafting of a bill, it is intended that the workers' compensation
scheme actuary will assess the bill for any potential cost impacts prior to
final approval by the government and introduction to Parliament.
on behalf of the Minister for Commerce.
(1) The question appears to confuse the
Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014 with
WorkCover WA's ''Review of the Workers' Compensation and
Injury Management Act 1981: Final Report''. I assume the honourable
member is referring to recommendation 18 of WorkCover WA's final
report, which recommends that the definition of ''injury''
exclude psychological injuries—diseases—arising from ''reasonable
administrative action'' taken by an employer in respect of a worker's
employment. If the question is in relation to WorkCover WA's final
report, the answer is no.
(2) Not applicable.
(3) The reasons for recommendation 18 are
discussed in WorkCover WA's final report. If the government approves
the drafting of a bill, it is intended that the workers' compensation
scheme actuary will assess the bill for any potential cost impacts prior to
final approval by the government and introduction to Parliament.
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