covid19-law.com.au
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:
Made under the Workers Compensation Act 1987 (NSW):
Queensland:
Made under the Public Health Act 2005 (Qld):
Tasmania:
Made under the Rail Safety National Law (Tasmania) (Tas):
South Australia:
Made under the Rail Safety National Law (SA):
Western Australia:
Made under the Rail Safety National Law (WA) Act 2015 (WA):
Australian Capital Territory:
Made under the Rail Safety National Law (ACT) and the Rail Safety National Law (ACT) Act 2014 (ACT):
Made under Motor Accident Injuries Act 2019 (ACT):
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
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):
Tasmania:
Made under the Rail Safety National Law (Tasmania) (Tas):
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):
Made under Motor Accident Injuries Act 2019 (ACT):
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
Image credit: Fusion Medical Animation
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