13. Industrial

​H.  Workers Compensation & Employee Safety

The health risks associated with COVID-19 have led to legislation on employee safety, particularly for employees in the rail industry. Legislation has also included amendments to workplace compensation schemes.

i.  Legislation

Victoria: 
Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) amended by the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic).

Accident Compensation Act 1985 (Vic) amended by the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic).

New South Wales:
Motor Accident Injuries Act 2017 (NSW) amended by the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (NSW).

Workers Compensation Act 1987 (NSW) amended by:

• COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (NSW); and
• COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 (NSW):  Item [1] of the amendments establishes presumptive rights to compensation under the Workers Compensation Act 1987 (NSW) in respect of COVID-19 for workers in certain prescribed employment that involves an elevated risk of exposure to COVID-19. Item [2] of the proposed amendments inserts consequential provisions of a savings or transitional nature.

Made under the Workers Compensation Act 1987 (NSW):

• Workers Compensation Regulation 2016 amended by the Workers Compensation Amendment (COVID-19) Regulation 2020

Queensland:
Made under the Public Health Act 2005 (Qld):​

• Protecting Public Officials and Workers (Spitting, Coughing and Sneezing) Direction (No. 3)

Tasmania:
Made under the Rail Safety National Law (Tasmania) (Tas):

• Rail Safety National Law (Tasmania) Declaration

South Australia:
Made under the Rail Safety National Law (SA):

• Notice of Exemption (p 762)

Western Australia:
Made under the Rail Safety National Law (WA) Act 2015 (WA):

• Declaration under Section 203 (p 1077)

Australian Capital Territory:
Made under the Rail Safety National Law (ACT) and the Rail Safety National Law (ACT) Act 2014 (ACT):

• Rail Safety National Law (ACT) (Exemption) Notice 2020 (No 1)

Made under Motor Accident Injuries Act 2019 (ACT): 

• Motor Accident Injuries (COVID-19) Guidelines 2020 

​
Northern Territory:
Work Health Administration Act 2011 (NT) amended by the Courts Legislation Amendment Act 2020 (NT).
 
ii.  Case law

​This is an area of substantive law that is very likely to result in case law. As of the last update, we are not aware of any relevant decision of a superior court in this area.

iii.  Further resources

SafeWork Australia, COVID-19 Information for Workplaces

WorkSafe Victoria, Information for injured workers about your claim and COVID-19

NSW State Insurance Regulatory Authority, Coronavirus (COVID-19) update

Queensland WorkCover, Novel Coronavirus (COVID-19) FAQs

​WorkSafe Tasmania, COVID-19 workers compensation

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