Retirement provisions

New South Wales

Retiring age means the age the person would, subject to satisfying any other qualifying requirements, be eligible to receive an age pension under the Social Security Act 1991 (Cth).

If the injury occurs before reaching retiring age: a weekly payment of compensation is not to be made in respect of any resulting period of incapacity for work occurring after the first anniversary of the date on which that person reaches the retiring age. If the injury occurs on or after retiring age: a weekly payment of compensation shall not be made in respect of any resulting period of incapacity for work occurring more than 12 months after the first occasion of incapacity for work resulting from the injury (s52, Workers Compensation Act 1987).

Victoria

Retirement age means the age at which the worker attains pension age within the meaning of the Social Security Act 1991 (Cth). Under s171, workers are not normally entitled to payments under the Act after attaining retirement age, except in the following circumstances:

• if injured within the period of 130 weeks before attaining retirement age or at any time after attaining that age, the worker is entitled to weekly payments for no more than the first 130 weeks of incapacity for work — s169, Workplace Injury Rehabilitation and Compensation Act 2013 or
• if worker’s incapacity after reaching retirement age relates to an injury suffered within the preceding 10 years and if the incapacity is due to inpatient treatment, the worker is entitled to weekly payments for a limited period of up to 13 weeks — s170, Workplace Injury Rehabilitation and Compensation Act 2013

Queensland

Queensland does not include retirement age provisions in its workers’ compensation legislation. The Queensland workers’ compensation scheme does not have an age cut-off for access or benefits. Instead benefits are only payable to injured workers (no matter what age) until the injury is stable and stationary or for a maximum of five years.

Western Australia

No retirement provisions in the Workers’ Compensation and Injury Management Act 1981. Age restrictions were removed on 1 October 2011.

South Australia

Under s44, retiring age means the lesser of the normal retiring age for workers in that particular employment or, subject to satisfying any other qualifying requirements, be eligible to receive an age pension under the Social Security Act 1991 (Cth). If a worker is above or within 2 years of their retiring age weekly payments are payable for a maximum of two years s44(3), Return to Work Act 2014.

Subject to the usual compensability thresholds, workers who are seriously injured are entitled to medical expenses for life.

Tasmania

If the worker was injured 12 months or more before the date the worker reaches the pension age, compensation ceases on the date on which the worker attains the pension age; or

If the worker was injured less than 12 months before the date on which the worker attains the pension age, compensation ceases on the date one year after the injury occurred. Where pension age means pension age within the meaning of the Social Security Act 1991 (Cth) — s87, Workers Rehabilitation and Compensation Act 1988.

Northern Territory

Weekly compensation generally stops when the person reaches retirement age under Social Security legislation. The retirement age in the legislation has been linked to the retiring age in the Social Security Act 1991 (Cth), which means it will increase in increments from 2017, reaching 67 years of age in 2023. If a worker is injured within 2 years of, or after, their retirement age, they are entitled to receive up to 104 weeks of weekly compensation — s65, Return to Work Act 1986.

Australian Capital Territory

If the worker was, on the initial incapacity date for the injury, younger than the pension age by more than 2 years, compensation for incapacity is not payable for any period after the worker reaches pension age — s39(3)(b)); s40(4)(a) — Workers Compensation Act 1951.

If the worker was, on the initial incapacity date for the injury, younger than the pension age by 2 years or less, compensation for incapacity is not payable for any period more than 2 years after the initial incapacity date — s39(3)(c); s40(4)(b) — 1951 Act.

If the worker was, on the initial incapacity date for the injury, pension age or older — compensation for incapacity is not payable for any period more than 2 years after the initial incapacity date — s39(3)(d); s40(4)(c) — 1951 Act.

C’wealth Comcare

Compensation in the form of income replacement is not generally payable to an employee who has reached the pension age, however if an employee who has reached the age that is 2 years before pension age and suffers an injury, such compensation is payable for a maximum of 104 weeks (whether consecutive or not) during which the employee is incapacitated — s23, Safety, Rehabilitation and Compensation Act 1988.

C’wealth Seacare

Compensation in the form of income replacement is not generally payable to an employee who has reached the pension age, however if an employee who has reached the age that is one year before the pension age suffers an injury, compensation is payable for up to 12 months from the date of injury — s38, Seafarers Rehabilitation and Compensation Act 1992.

C’wealth DVA

Compensation in the form of income replacement is not payable to a person who has reached pension age or older, however if a person who has reached the age that is 2 years before pension age suffers an injury, compensation is payable for a maximum of 104 weeks — Military Rehabilitation and Compensation Act 2004, s121.

Compensation in the form of income replacement is not generally payable to an employee who has reached pension age, however if an employee who has reached the age that is 2 years before pension age suffers an injury, compensation is payable for a maximum of 104 weeks (whether consecutive or not) during which the employee is incapacitated — Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988, s23.

New Zealand

Complex set of rules for employees who are injured either shortly before or after qualifying for national superannuation — clause 52 of Schedule 1, Accident Compensation Act 2001.