Administrative and scheme delivery changes

Licence and Permit Conditions

The Board has reviewed its licence and permit conditions in relation to licensed insurers, self-insurers and the Tasmanian State Service. These amendments are applicable from 1 January 2021.

COVID-19

In response to the COVID-19 pandemic, the WorkCover Tasmania Board’s auditor may now conduct insurer audits remotely to eliminate or minimise the risk of COVID-19 transmission.

Workplace Rehabilitation Providers

Tasmania introduced a new framework for accrediting workplace rehabilitation providers. It now requires individuals providing workplace rehabilitation services to:

• acquire and maintain full membership, accreditation or registration with an approved professional association or Australian Health Practitioners Regulation Agency (AHPRA) registration board, and
• have 12 months or more recent experience delivering workplace rehabilitation services. 

The amended new framework also recognises chiropractors and osteopath, meaning they can deliver certain workplace rehabilitation services.

Policy developments

The WorkCover Tasmania Board and WorkSafe Tasmania have completed, and are currently undertaking, a number of reviews and other bodies of work.

Presumption for PTSD in the Private Sector

Consideration is being given to extending presumptive provisions for PTSD to the private sector. At the time of writing, this remains a work in progress.

Step Down Provisions

A full review was undertaken of the application of section 69B, i.e. step down provisions, within the Workers Rehabilitation and Compensation Act 1988. Significant stakeholder consultation was undertaken, as was a data analysis of the Tasmanian jurisdiction’s claims experience, and a jurisdictional review of Australian, New Zealand and international legislation. The Board’s recommendations have been provided to the Minister for Building and Construction, for consideration, and tabling in both Houses of Parliament.

Older Workers

Previous amendments to the Workers Rehabilitation and Compensation Act 1988 in relation to the removal of age restrictions for older workers was reviewed in light of issues raised by stakeholders, and unintended consequences identified by the Workers Rehabilitation and Compensation Tribunal (the Tribunal).

The review of section 87 considered concerns raised by stakeholders that the Workers Rehabilitation and Compensation Act 1988 was perceived to be discriminatory to older workers because, in some circumstances, they are required to seek a decision from the Tribunal to enable access to workers’ compensation entitlements equal to those to which younger workers would be entitled. Drafting of legislative changes in relation to this section are currently under consideration.

Independent Review of the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011

The Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 was reviewed in 2022, in accordance with section 187 of the Act. Amendments to implement the recommendations of the independent review are being progressed for incorporation. The report made 15 findings and 8 recommendations, addressing both operational and legislative issues regarding the performance of the Act against its objectives, the ongoing viability and sustainability of the Asbestos Compensation Scheme, and the performance of the Scheme. 

Review of the Tasmanian Guidelines for the Assessment of Permanent Impairment

The Workers Rehabilitation and Compensation Act 1988 (the Act) provides for the payment of lump sum compensation to a worker who suffers permanent impairment because of a work-related injury.  The assessment of the degree of permanent impairment is to be made in accordance with guidelines issued by the WorkCover Tasmania Board (the Board).  The Guidelines for the Assessment of Permanent Impairment version 3 (the Guidelines) have been in effect since 01 October 2011. Given the guidelines have been in effect for more than 10 years and the Safe Work Australia Guidelines are in place, and there have been some concerns expressed by stakeholders, the Guidelines are being reviewed to ensure that they are fit for purpose.

Silica Code of Practice

Tasmania has adopted the model Code of Practice: Managing the risk of Respirable Crystalline Silica from Engineered Stone in the Workplace, published by Safe Work Australia. The code has been effective in Tasmania from 19 January 2022. 

The code of practice was developed in response to concerns of a growing number of cases of accelerated silicosis in engineered stone workers. Its adoption coincides with, and supports, employers in the engineered stone industry with the adoption of the amended WES for respirable crystalline silica.

Legislative amendments

Tasmanian Civil and Administrative Tribunal Amendment Act 2021

In November 2021, certain sections of the Workers Rehabilitation and Compensation Act 1988, the Workers Rehabilitation and Compensation Regulations 2021, and the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 were amended, repealed or rescinded due to the enactment of the Tasmanian Civil and Administrative Tribunal Amendment Act 2021, which formalised the commencement of the operations of the new Tasmanian Civil and Administrative Tribunal (TASCAT). The TASCAT has consolidated powers, processes and procedures to resolve applications, appeals and other proceedings through appropriate dispute resolution processes such as mediations and conciliations, or through conducting hearings that provide a final decision about the proceedings. The TASCAT amalgamates 9 different Tribunals, including the Workers Rehabilitation and Compensation Tribunal and the Asbestos Compensation Tribunal in Tasmania.

Asbestos-Related Diseases (Occupational Exposure) Compensation Regulations 2021

In October 2021, the Asbestos-Related Diseases (Occupational Exposure) Compensation Regulations 2021 consequentially came into effect following the repeal of the Asbestos-Related Diseases (Occupational Exposure) Compensation Regulations 2011. These regulations prescribe various matters for the purposes of the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 including:

• compensation units
• certain practices and procedures of the Tribunal, and
• how certain moneys are to be dealt with by the Public Trustee.

Workers Rehabilitation and Compensation Amendment Bill 2023

In 2023, the Workers Rehabilitation and Compensation Amendment Bill was passed by parliament and amends the Workers Rehabilitation and Compensation Act 1988 to extend the list of presumptive cancers for fire-fighters. Significantly, female reproductive cancers (such as cervical cancer) will now be included in the list of presumptive diseases (that is, it is automatically presumed that they have developed the cancer because of their firefighting work or volunteer service).