Proposed changes to Workers Compensation

The amendments to the Workers Rehabilitation and Compensation Act (the Act) have been developed over a considerable period of time and includes input from the Workers Rehabilitation and Compensation Advisory Council, Unions and industry representatives.

The Workers Rehabilitation and Compensation Legislation Amendment Bill 2011 reflects Government's commitment to ensuring the fair and effective operation of the Northern Territory Workers Compensation Scheme, while balancing the interest of all stakeholders.

The Bill will amend:

  • the definition of 'worker' to remove the reference to the Australian Business Number (ABN) and to clarify a test for determining whether a person is a worker or a true independent contractor for the purposes of the scheme.
  • Section 65B of the Act to allow access to compensation by workers injured in Australia but who reside overseas.
  • Section 65 of the Act to provide immediate and fairer access to compensation for older workers who are injured and to reflect the Australian Government's decision to increase the qualifying age for the aged pension.
  • Section 49 of the Act to provide certainty of the types of benefits that can be taken into account in calculating the worker's normal weekly earnings for the purposes of payment of weekly compensation.
  • Section 89 of the Act to bring the interest rate payable on late payments of weekly compensation in line with the interest rate applicable to Supreme Court judgement debts.
  • Section 116 of the Act to provide specific power of the Supreme Court to remit matters back to the Work Health Court in appropriate circumstances.

Information bulletins have been developed outlining the proposed changes for the first five listed amendments. The bulletins can be accessed on the right hand side of the page under the heading bulletins.

To ensure the views of the community are fully considered, the Government invited comment from members of the public, businesses, unions and other interested parties. The public comment period closed on Friday 20 January 2012.