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.

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.

Presumption for certain diseases in fire-fighters

In 2013, amendments to the Workers Rehabilitation and Compensation Act 1988 established a rebuttable presumption that certain forms of cancer developed by fire-fighters are taken to be work related for the purpose of claiming workers’ compensation under the Act. A review of this amendment was undertaken in 2021 and the recommendations of that review are being considered. Stakeholder consultation on proposed amendments to the Act is underway.

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; and

· certain practices and procedures of the Tribunal; and

· how certain moneys are to be dealt with by the Public Trustee.