Chapter 8: Scheme administrative and funding arrangements

This chapter provides background information on the administrative and funding arrangements under which the workers’ compensation schemes operate. 

The tables contained in this chapter include:

  • 8.1 Applicable workers’ compensation legislation
  • 8.2 Transitional legislation provisions
  • 8.3a Minor schemes – New South Wales
  • 8.3b Minor schemes – Victoria
  • 8.3c Minor schemes – Western Australia
  • 8.3d Minor schemes – South Australia
  • 8.3e Minor schemes – Tasmania
  • 8.3f Minor schemes – Commonwealth
  • 8.3g Minor schemes – New Zealand
  • 8.4 Scheme funding positions as at 30 June 2023 and 30 June 2022
  • 8.5 Standard average premium rates 2017-18 to 2021-22 (% of payroll)
  • 8.6 Selected industry premium rates as at 31 December 2023 (% of payroll)
  • 8.7 Scheme expenditure [1]  
  • 8.8 Direct compensation payments by type and jurisdiction, 2021–22 [2] 

Scheme administrative arrangements

Employers who operate in more than one Australian state or territory must comply with all relevant laws within each of the jurisdictions in which they work. Table 8.1 shows the legislation that workers’ compensation schemes operate under in each jurisdiction.

Transitional provisions

Not all workers are covered under current workers’ compensation legislation if their date of injury preceded the introduction of that legislation. However, most jurisdictions provide workers’ compensation payments to people who would be entitled to compensation under preceding legislation, or for transitional arrangements to apply to them. For example, in Queensland injuries that occurred before 1 January 1991 are covered by the  Workers’ Compensation Act 1916 , injuries that occurred between 1 January 1991 and 1 February 1997 are covered by the  Workers’ Compensation Act 1990 and injuries that occurred on or after 1 February 1997 and before 1 July 2003 are covered by the  WorkCover Queensland Act 1996 .

Workers may also need to fulfil criteria for their injury that occurred when previous legislation was in force to be covered under current legislation. For example, a Commonwealth employee injured prior to 1988 is only be entitled to compensation under the Safety, Rehabilitation and Compensation Act 1988 if there was an entitlement under the preceding pieces of legislation (see Table 8.2).

Unique provisions and other workers’ compensation schemes

Several jurisdictions have specific workers’ compensation or related legislation or other arrangements to assist people who injured in unique ways or at particular places or times. For example, the Commonwealth has an administrative scheme for people who may have been affected by nuclear radiation from British atomic tests in Australia in the 1950s. Tables 8.3a to 8.3g list the minor schemes in the applicable jurisdictions.

 

[1] Table was previously in the Comparative Monitoring Report  under Workers’ Compensation Funding, but has been moved to the Comparison report for this edition 

[2] Ibid.