Comparison of Workers’ Compensation Arrangements in Australia and New Zealand (2012)


Table 3.5: Workers’ compensation arrangements for judges and members of parliament



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Table 3.5: 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 insurance arranged with 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: s 14(2) Accident Compensation Act 1985.

Section 14(2) of the Accident Compensation Act 1985 provides that politicians are covered.

Queensland

Covered as state government employees.

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

The cover is administered by the Under Treasurer. (Clause 2.4 Members’ Entitlements Handbook).



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.

Covered as government employees.

Australian Capital Territory

Covered as government employees

Not covered under the legislation.

C’wealth Comcare

Separate arrangements.

Section 5(8) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) excludes judges from coverage under that Act.



Separate arrangements.

Section 5(8) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) excludes members of parliament and Ministers of State from coverage under that Act.



C’wealth Seacare

Not applicable.

Not applicable.

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.

Coverage of work and injury


An entitlement to workers’ compensation is reliant on the relationship of a worker’s injury to work.

Journeys and breaks


Injuries which occur on work premises while a person is working are easily identifiable as occurring at work, however it is not always simple to determine whether or not a person was at work when injured. Table 3.7 provides information on the variations among the jurisdictions regarding whether they provide workers’ compensation coverage for people who are injured on:

Definition of injury


Workers’ compensation schemes generally provide that a worker is entitled to workers’ compensation if they have suffered an injury which arises out of or in the course of employment. It is therefore essential for workers to establish that they have suffered an injury as defined in the relevant legislation. Although the everyday ordinary meaning of injury is any harm caused to a person’s body as a result of any form of trauma, each jurisdiction places limits on the term injury and defines it differently. To determine whether an incident falls within the definition of injury several factors need to be considered.

Relationship to employment and contribution of employment


Where any incident has occurred in the workplace, it needs to be determined that there is a relationship between the injury and employment before the worker can claim workers’ compensation. In addition, a worker’s employment has to contribute to a certain extent before a worker is entitled to compensation.

Table 3.8 provides information on how each jurisdiction defines injury, its relationship to employment and the contribution of employment to the injury.


Aggravation and acceleration


Sometimes employment is not the cause of an original injury, however can aggravate or accelerate and existing injury. As at September 2011, aggravation and acceleration of existing injuries are covered in all jurisdictions.

Diseases


Diseases are classed differently from physical injuries. Diseases include any physical or mental ailment, disorder, defect or morbid condition, whether of sudden or gradual development. As the definition of ‘disease’ is interpreted differently in each jurisdiction, all jurisdictions, except Queensland, have in their legislation tables of diseases which are deemed to be caused by work.

Appendix Table 1 on page 220 provides a jurisdictional comparison of these lists.


Industrial deafness


Industrial deafness is generally examined separately from other forms of injuries. All jurisdictions have an impairment threshold in place for industrial deafness, which means that an injured worker is not entitled to lump sum compensation until they reach the threshold level. Table 3.6 illustrates the industrial deafness provisions in each jurisdiction.

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