Workers' Compensation
NT WorkSafe works with employers and employees to ensure injured
workers have access to medical, pharmaceutical, rehabilitation costs
and income support until the injured worker is fit to return to
work.
Under NT WorkSafe, all employers must hold a workers compensation
insurance policy to cover all their employees. Insurance companies
must be approved by NT WorkSafe to sell workers compensation insurance
and they are responsible for managing claims from injured workers.
The Northern Territory Workers' Compensation Scheme provides a
fair level of benefits to workers and ensures that employers contribute
fairly towards meeting the costs related to workplace injury through
a market driven insurance premium setting process, based upon the
safety performance of Territory industry. Compensation benefits
are linked to community standards and adjusted annually.
Rehabilitation
Most people injured at work return to work within a few days but
those with more serious injuries may need help through rehabilitation.
This could involve treatment for a physical injury, through psychological
counselling to help a person adjust to an injury or to a stressful
work situation.
The support provided to an injured employee may include a gradual
return to work, workplace based rehabilitation or retraining for
a different job.
NT WorkSafe works with employers and employees by promoting the
benefits of rehabilitation, explaining the responsibilities of those
involved and keeping the system running smoothly.
Rehabilitation works best where:
- employers actively participate: research shows that keeping
in touch with the workplace assists people to recover faster;
and
- doctors, rehabilitation providers, insurers, unions, employers
and the injured person all work together.
Adoption of the Nationally Consistent Approval Framework for Workplace Rehabilitation Providers
The Work Health Authority, via its administration arm NT WorkSafe, administers and enforces the Workers Rehabilitation and Compensation Act which establishes the Northern Territory compensation scheme.
Under section 50 of the Workers Rehabilitation and Compensation Act, the power to approve a person or persons as an accredited vocational rehabilitation provider rests with the Work Health Authority. The Work Health Authority may revoke such an approval.
The Work Health Authority is committed to implementing the Nationally Consistent Approval Framework for Workplace Rehabilitation Providers (National Framework).
The National Framework offers the following advantages:
- it has been developed with key stakeholders and national representative bodies
- it reinforces the importance of national harmonisation
- benefits through consistency are derived both nationally and within the Northern Territory workers’ compensation scheme
- most of the developmental costs have been carried by the other jurisdictions; any deviation now would result in NT WorkSafe needing to pick up additional costs
- a significant amount of the implementation infrastructure has already been prepared, therefore reducing the cost to the Northern Territory
- it is sufficiently flexible to enable the Northern Territory to modify any specific requirements the Northern Territory may consider necessary
- many of the rehabilitation provider organisations operating in the Northern Territory will be applying to Comcare as their home jurisdiction for accreditation. This will significantly reduce the number of assessments needed to be completed in the Northern Territory.
Under the National Framework, workplace rehabilitation provider organisations would apply to their home jurisdiction for initial approval by demonstrating their ability to meet organisation capability standards, return to work service model principles and mandatory qualifications.
Following approval, providers can then apply to each jurisdiction they wish to deliver services to. Other workers’ compensation authorities would recognise this status and ensure additional approval requirements are minimal.
Which workers compensation authorities are adopting the Nationally Consistent Approval Framework?
Comcare, New South Wales, Victoria, South Australia, Australian Capital Territory, Tasmania and Western Australia have indicated they will be adopting the National Framework.
Refer to their websites for more detail.
When will the Nationally Consistent Approval Framework be introduced?
Comcare, Victoria, New South Wales and the Northern Territory will be introducing the National Framework from 1 July 2010.
Applications under the National Framework will be accepted by NT WorkSafe from 1 March 2010.
What’s next?
As part of the implementation of the National Framework NT WorkSafe will:
- oversee the implementation and monitoring of the Nationally Consistent Approval Framework for Workplace Rehabilitation Providers
- review, analyse, evaluate and approve the accreditation of workplace rehabilitation provider organisations, including the extent, scope and effectiveness of the approval arrangements
- where NT WorkSafe determines, conduct (or cause to be conducted) regular audits of approved rehabilitation providers as provided for under the approval arrangements
- where NT WorkSafe determines, conduct reviews and/or analysis of the effectiveness of workplace rehabilitation services and consumer satisfaction about the functions performed, services provided and return to work outcomes achieved
- make proposals concerning any amendments that may be necessary to the Workers Rehabilitation and Compensation Act 2008
- carry out any other function as required.
In preparation for the introduction of the National Framework, NT WorkSafe is in the process of modifying the Guide to the National Framework to include Northern Territory specific requirements. It is envisaged a draft Northern Territory Guide will be available for discussion/comment by 11 December 2009.
In the meantime, organisations should refer to the Guide: Nationally Consistent Approval Framework for Workplace Rehabilitation Providers on the Heads of Workers Compensation Authorities’ website for more information.
Workers' compensation legislation amended
On 1 July 2008 amendments to the Workers Rehabilitation and Compensation Act commenced. These relate to three areas:
- Volunteers: the Act has been amended so that volunteers prescribed by the legislation are no longer eligible for compensation for life, but instead will now be eligible for compensation similar to that provided to other injured workers.
- If an employer/insurer defers a decision on liability but fails to make a decision to accept or dispute liability within the prescribed timeframe, then the employer/insurer must accept the claim.
- Mediation: parties are now required to provide all written medical reports and other specified written material, relating to the disputed matter, to NT WorkSafe so they can be considered during the mediation process. The mediation process must now be completed within 21 days instead of 28 days.
|