Table 4.6: Workers’ compensation arrangements for judges and members of parliament

Coverage for judges

Coverage for members of parliament

New South Wales

Covered as state government employees

Members and electorate officers are covered by the NSW Treasury Managed Fund which includes personal accident insurance and workers’ compensation insurance in connection with their electorate or parliamentary duties. Members need to satisfy the Treasury Managed Fund and, if subject to dispute, the Treasurer that they were on duty at the time of the accident.

Victoria

Covered as state government employees

Clause 14(1), Schedule 1 of the Workplace Injury Rehabilitation and Compensation Act 2013 provides that politicians are covered.

Queensland

Covered as state government employees

All Members have personal accident indemnity cover on a 24 hour basis. Members are indemnified in the event of injury, as defined, resulting in death.

Western Australia

Covered as state government employees

Not covered for workers’ compensation, although insurance is taken out by the Joint House Committee, consistent with personal injury insurance.

South Australia

Covered as state government employees

Not covered for workers’ compensation, although an administrative arrangement provides the equivalent of workers’ compensation.

Tasmania

Covered as state government employees

Workers’ compensation is not provided to Members of Parliament. Members of Parliament are eligible for personal accident cover in the event of an injury whilst in service to the Government. Cover is provided by the Tasmanian Risk Management Fund (TRMF). The TRMF provides no-fault personal accident cover for Ministers and Members of Parliament who suffer or aggravate an injury which arises out of, and in the course of, their official parliamentary duties or contract a disease for which their official parliamentary duties was the major contributor.

Northern Territory

Covered as government employees – s3

Member of the Legislative Assembly, a Supreme Court Judge, a Local Court Judge… are covered as government employees – s3

Australian Capital Territory

Covered as government employees

Not covered under the legislation

C’wealth Comcare

Separate arrangements

s5(8) of the Safety Rehabilitation and Compensation Act 1988 excludes judges defined as such in the Judges’ Pensions Act 1968 from coverage

Separate arrangements

s5(8) of the Safety, Rehabilitation and Compensation Act 1988 excludes members of Parliament and Ministers of state from coverage under that Act

C’wealth Seacare

N/A

N/A

C’wealth DVA

N/A

N/A

New Zealand

Covered as any other employee under the Accident Compensation Act 2001

Covered as any other employee under the Accident Compensation Act 2001