❓ Hon Giz Watson questions the Minister about age-based limitations in WA's Workers Compensation Act and potential conflicts with equal opportunity legislation. The Minister acknowledges the issue, details past actions, and outlines ongoing research and considerations.
AnsweredQoN 6319Legislative Council
QuestionView source ↗
(2) Is the Minister aware that this provision conflicts with section 66V of the
Equal Opportunity Act 1984 (WA)
?
(3) Has the Minister or his predecessors been provided with any report, opinion, memorandum, or information from the Commissioner for Equal Opportunity or her predecessors, or any other officer or employee of the Equal Opportunity Commission to the effect that section 56 of the
Workers Compensation and Injury Management Act 1981(WA)
is in conflict with section 66V of the
Equal Opportunity Act 19884(WA)
?
(4) Has the Minister or WorkCover WA been supplied with a copy of the paper by Curtin University Professor Robert Guthrie entitled ‘Workers Compensation and Age Discrimination in Australia’ (published in the International Journal of Discrimination and the Law 2006 Vol 8 pp 145-168)?
(5) If yes to (4), what action if any has been taken in relation to the recommendations contained in the conclusions and predictions which relate to Western Australia in that paper?
(6) Is the Minister aware of the recommendation made in the Report on the ‘Implementation of the Labor Party Direction Statement on Workers Compensation 2001’, at page 240 (the Guthrie Report), that further research be carried out the costs of extending the coverage of the Act to workers’ up to the age of 70 years
(7) If yes to (6), has the Minister or his predecessors requested WorkCover WA or its agents to carry out any such research?
(8) If no to (6), can the Minister advise if and when he will request WorkCover or some other body or researcher to conduct such research?
(9) If WorkCover has undertaken research into the matters raised in Question 6 (recommendation 13 on page 240 of the Guthrie Report) will the Minister provide copies of that research and/or details of the substance of that research?
(10) If no to (9), why will the Minister not release such information?
(11) Does the Minister have any intention of removing the age qualifications in section 56 of the
Workers Compensation and Injury Management Act 1981(WA)
?
(12) If yes to (10), will the Minister provide details of what action will be taken and when?
(13) If no to (10), can the Minister explain why he does not intend to remove the age qualifications in section 56 of the
Workers Compensation and Injury Management Act 1981(WA)
?
Equal Opportunity Act 1984 (WA)
?
(3) Has the Minister or his predecessors been provided with any report, opinion, memorandum, or information from the Commissioner for Equal Opportunity or her predecessors, or any other officer or employee of the Equal Opportunity Commission to the effect that section 56 of the
Workers Compensation and Injury Management Act 1981(WA)
is in conflict with section 66V of the
Equal Opportunity Act 19884(WA)
?
(4) Has the Minister or WorkCover WA been supplied with a copy of the paper by Curtin University Professor Robert Guthrie entitled ‘Workers Compensation and Age Discrimination in Australia’ (published in the International Journal of Discrimination and the Law 2006 Vol 8 pp 145-168)?
(5) If yes to (4), what action if any has been taken in relation to the recommendations contained in the conclusions and predictions which relate to Western Australia in that paper?
(6) Is the Minister aware of the recommendation made in the Report on the ‘Implementation of the Labor Party Direction Statement on Workers Compensation 2001’, at page 240 (the Guthrie Report), that further research be carried out the costs of extending the coverage of the Act to workers’ up to the age of 70 years
(7) If yes to (6), has the Minister or his predecessors requested WorkCover WA or its agents to carry out any such research?
(8) If no to (6), can the Minister advise if and when he will request WorkCover or some other body or researcher to conduct such research?
(9) If WorkCover has undertaken research into the matters raised in Question 6 (recommendation 13 on page 240 of the Guthrie Report) will the Minister provide copies of that research and/or details of the substance of that research?
(10) If no to (9), why will the Minister not release such information?
(11) Does the Minister have any intention of removing the age qualifications in section 56 of the
Workers Compensation and Injury Management Act 1981(WA)
?
(12) If yes to (10), will the Minister provide details of what action will be taken and when?
(13) If no to (10), can the Minister explain why he does not intend to remove the age qualifications in section 56 of the
Workers Compensation and Injury Management Act 1981(WA)
?
AnswerView source ↗
Answered
24 June 2008
Responded by
Minister for Employment Protection
Response time
40 days
(1) Yes
(2) Whilst section 56 of the
Workers' Compensation and Injury Management Act 1981
is contrary to the general intent of section 66V of the
Equal Opportunity Act 1984
it does not breach it, by virtue of section 66ZS of the Equal Opportunity Act 1984.
(3) Yes
(4) WorkCover WA has a copy of the paper.
(5) WorkCover WA has sought actuarial advice on the current cost implications for amending or removing references to age in the Workers' Compensation and Injury Management Act 1981.
(6) Yes
(7) Yes. Actuarial advice on the estimated costs of removing the age limits was provided in 2002 and revised in September 2005, to allow for the impact of the
Workers' Compensation Reform Act 2004
.
(8) Not applicable
(9) [See tabled paper no ]
(10) Not applicable
(11)-(13)
The Workers' Compensation and Injury Management Act 1981 provides that:
(a) If an injury occurs on or before age 64, weekly compensation payments cease at age 65; and
(b) if any injury occurs after age 64, weekly compensation payments cease one year after the date of the injury.
Injured workers who can demonstrate an intention to work beyond the age of 65 are entitled to a "supplementary amount" of $128 per week (for a worker who is single) and $228 per week (for a worker who is married). This is the maximum a worker can earn without it impacting on their aged pension payment.
It should be noted that there are no age limitations on entitlements for medical expenses or other ancillary payments.
Generally Workers' compensation schemes across all Australian jurisdictions limit the benefits payable to injured workers over the age of sixty five. In all schemes except Queensland, age limits have been traditionally based on notions of a set retirement age.
The issue is currently being examined by the National Workers' Compensation Committee and while the State Government gives qualified support to the proposal of lifting the age limitation it is necessary to properly examine the impacts on both premiums and any resultant cost shift from the Commonwealth Aged Pension scheme or other entitlements to the state scheme. To this end the Government is conducting further research and discussions at both a national and state level.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
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(2) Whilst section 56 of the
Workers' Compensation and Injury Management Act 1981
is contrary to the general intent of section 66V of the
Equal Opportunity Act 1984
it does not breach it, by virtue of section 66ZS of the Equal Opportunity Act 1984.
(3) Yes
(4) WorkCover WA has a copy of the paper.
(5) WorkCover WA has sought actuarial advice on the current cost implications for amending or removing references to age in the Workers' Compensation and Injury Management Act 1981.
(6) Yes
(7) Yes. Actuarial advice on the estimated costs of removing the age limits was provided in 2002 and revised in September 2005, to allow for the impact of the
Workers' Compensation Reform Act 2004
.
(8) Not applicable
(9) [See tabled paper no ]
(10) Not applicable
(11)-(13)
The Workers' Compensation and Injury Management Act 1981 provides that:
(a) If an injury occurs on or before age 64, weekly compensation payments cease at age 65; and
(b) if any injury occurs after age 64, weekly compensation payments cease one year after the date of the injury.
Injured workers who can demonstrate an intention to work beyond the age of 65 are entitled to a "supplementary amount" of $128 per week (for a worker who is single) and $228 per week (for a worker who is married). This is the maximum a worker can earn without it impacting on their aged pension payment.
It should be noted that there are no age limitations on entitlements for medical expenses or other ancillary payments.
Generally Workers' compensation schemes across all Australian jurisdictions limit the benefits payable to injured workers over the age of sixty five. In all schemes except Queensland, age limits have been traditionally based on notions of a set retirement age.
The issue is currently being examined by the National Workers' Compensation Committee and while the State Government gives qualified support to the proposal of lifting the age limitation it is necessary to properly examine the impacts on both premiums and any resultant cost shift from the Commonwealth Aged Pension scheme or other entitlements to the state scheme. To this end the Government is conducting further research and discussions at both a national and state level.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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