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

Table 2.4d: Definition of injury and employment contribution

	Definition of injury and relationship to employment	Contribution of employment to injury
New South Wales	“ . . . personal injury arising out of or in the course of employment . . .” – 1998 Act, s4.	No compensation is payable under this Act in respect of an injury unless the employment concerned was a substantial contributing factor to the injury – 1987 Act, s9A(1).
Victoria	“ . . . an injury arising out of, or in the course of, any employment . . .” – s82(1).	Compensation is not payable in respect of the following injuries unless the worker’s employment was a significant contributing factor to the injury: a) a heart attack or stroke injury b) a disease contracted by a worker in the course of employment (whether at, or away from, the place of employment) c) a recurrence, aggravation, acceleration, exacerbation or deterioration of any pre-existing injury or disease – s82(2B) & s82(2C).
Queensland	“ . . . a personal injury arising out of, or in the course of, employment . . .” – s32(1).	A significant contributing factor – s32(1).
Western Australia	“ . . . a personal injury by accident arising out of or in the course of the employment . . .” – s5.	Injury includes: a disease contracted by a worker in the course of his employment at or away from his place of employment and to which the employment was a contributing factor and contributed to a significant degree – s5.
South Australia	“ . . . disability arises out of, or in the course of employment . . .” – s30.	A substantial cause (for psychiatric disabilities only) – s30A(a).
Tasmania	“An injury, not being a disease, arising out of, or in the course of employment” – s25(1)(a). “an injury, which is a disease, to which his employment contributed to a substantial degree”- s25(1)(b).	To a substantial degree, that is, employment is the ‘major or most significant factor ’ (for diseases only) – s3(2A). Employment being the major or most significant contributing factor is also a requirement in relation to injuries that are a recurrence, aggravation, acceleration, exacerbation or deterioration of any pre-existing injury or disease (section 3(1) – in definition of “injury”).
Northern Territory	“ . . . a physical or mental injury . . . out of or in the course of employment . . .” – s3 & s4.	To a material degree, (for diseases – s4(6) and gradual process – (s4(5)) that is employment was the real proximate or effective cause (S4(8)).
Australian Capital Territory	“a physical or mental injury (including stress) . . . includes aggravation, acceleration or recurrence of a pre-existing injury . . . arising out of, or in the course of, the worker’s employment . . .” – s4 & s31.	A substantial contributing factor – s31(2).
C’wealth Comcare	“ . . . a physical or mental injury arising out of, or in the course of, the employee’s employment . . .’, or ‘... an aggravation of a physical or mental injury (other than a disease) ...’” - s5A.	Comcare: To a significant degree (for diseases) – s5B, with matter to be taken into account being set out in a non-exclusive list and with ‘significant’ being defined as “substantially more than material”.
C’wealth Seacare	“ . . . a physical or mental injury arising out of, or in the course of, the employee’s employment . . .’, or ‘... an aggravation of a physical or mental injury (other than a disease) ...’” - s3.	To a material degree (for diseases) – s10(1).
C’wealth DVA	Refer ss27, 29(1), 29(2) and 30 of MRCA. 1. ‘...any physical or mental injury (including the recurrence of a physical or mental injury).’ or (being a disease)’...(a) any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development); or (b) the recurrence of such an ailment, disorder, defect or morbid condition;’: - resulted from an occurrence that happened whilst rendering service; - arose out of, or was attributable to, any service rendered.	De minimis material contribution required (“arose out of, or was attributable to”) - MRCA ss27b &27c In a material degree (for aggravations only) - MRCA, ss27d & 30.
New Zealand	A work-related personal injury is a personal injury that a person suffers — (a) while he or she is at any place for the purposes of his or her employment – s28.	A work-related personal injury is a personal injury that a person suffers — (a) while he or she is at any place for the purposes of his or her employment – s28.

Table 2.4e: Coverage of retirement provisions

	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 Commonwealth Social Security Act 1991. If injury occurs before retiring age: weekly compensation made until first anniversary of date on which worker reaches retiring age. If the injury occurs on or after retiring age: weekly payments made for the first 12 months of injury. Eligibility for other benefits is ongoing – Workers Compensation Act 1987, s52. Workers’ receiving compensation benefits under the Workers’ Compensation (Dust Diseases) Act 1942 are not subject to retirement provisions and may apply for and continue to receive compensation benefits up until their death - Workers’ Compensation (Dust Diseases) Act 1942, s8(3).
Victoria	Under s93F, normally, the earlier of age 65 or normal retirement age for the worker’s occupation 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 – s93E. 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 - s93EA.
Queensland	No retirement provision referred to in the Act.
Western Australia	Under the recent legislative changes to the Workers’ Compensation and Injury Management Act 1981, age based entitlement limitations have been removed. As a result, injured workers aged 65 years or older are able to access weekly income payments on the same terms as all other injured workers. This change took effect from 1 October 2011.
South Australia	Weekly compensation payments are not payable after the worker reaches retirement age unless worker is within 2 years of retirement age or above retirement age in which case weekly payments are payable for a period of incapacity falling within 2 years after the commencement of the incapacity - ss35(2) and (3). See the FAQ’s on WorkCoverSA’s website about compensation for older workers.
Tasmania	If injury occurs on or before 64, compensation ceases at 65. If injury occurs after 64, compensation ceases one year after injury occurs. The Tribunal may allow payments to continue where the worker would have continued to work beyond age 65 – s87.
Northern Territory	Weekly compensation generally stops when the person reaches the retirement age of 65. If the normal retiring age for workers in the industry at the time of injury is more than 65 – until the worker attains that normal retiring age – s65. If injury occurs after age 65, then 26 weeks at 100% normal weekly earnings - s64.
Australian Capital Territory	If the worker was, on the intitial incapacity date for the injury, younger than 63 years old, compensation for incapacity is not payable for any period after the worker reaches 65 years of age – s 39(3)(b); s 40(4)(a) If the worker was, on the initial incapacity date for the injury, at least 63 years of age, compensation for incapacity is not payable for any period more than 2 years after the initial incapacity date – s 39(3)(c); s 40(4)(b)
C’wealth Comcare	Compensation is not payable to an employee who has reached 65, however if an employee who has reached 63 suffers an injury, compensation is payable for a maximum of 104 weeks (whether consecutive or not) during which the employee is incapacitated – s23
C’wealth Seacare	If an employee suffers an injury before 64, compensation is not payable for the injury after 65. If an employee suffers an injury after 64, compensation is payable for 12 months after date of injury – s38.
C’wealth DVA	Compensation in the form of income replacement is not payable to a person who has reached 65, however if a person who has reached 63 suffers an injury, compensation is payable for a maximum of 104 weeks – MRCA s121.
New Zealand	Not required, except for work-related gradual process, disease, or infection suffered by the person – s20(2)(e).