Ms. Freeman questions the age-based discrimination in WA's workers' compensation scheme and proposes adopting the Queensland model or removing age limits. The Minister acknowledges the age limits but states they predate equal opportunity laws and that the Queensland model is under evaluation.

AnsweredQoN 410Legislative Assembly
Asked
11 December 2008
Portfolio
Commerce

QuestionView source ↗

(2) Why does Western Australia discriminate on the grounds of age in the payment of workers compensation?
(3) Is it possible for Western Australia to adopt a similar model to Queensland?
(4) If the Queensland model is not appropriate, why is it not possible for the age limits under section 56 of the
Workers Compensation and Injury Management Act 1981
(WA) to be removed and for workers over 65 to be paid compensation up until the expiration of the prescribed amount?

AnswerView source ↗

Answered
1 February 2009
Responded by
Minister for Commerce
Response time
52 days
(1) Yes.
(2) Provisions in the
Workers' Compensation and Injury Management Act 1981
which limit the payment or continuation of weekly payments of compensation to workers aged over 64 were introduced in 1981, and reflect the eligible age criteria for the aged pension. The provisions do not constitute unlawful discrimination as they predate relevant equal opportunity legislation.
(3) The Queensland model is being evaluated by WorkCover WA as part of the further work I authorised.
(4) As above.
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