What's New

• New Legislation
• Heads of Workers’ Compensation Authorities (HWCA) call for stakeholder comment
• Heads of Workplace Safety Authorities goes online
• Return To Work Monitor Reports 2006/2007
• Workers' Compensation - Superannuation
• Labour Hire and the Work Health Regulations
• Workers' Compensation Cross Border
• Product Recalls

New Legislation

In December 2007 the Legislative Assembly passed legislation creating, on commencement in early 2008, the Workplace Health and Safety Act and the Workers Rehabilitation and Compensation Act.

Occupational health and safety and Workers’ compensation and rehabilitation functions, which previously existed together under the former Work Health Act, are separated into the two new Acts.

The new legislation maintains the Work Health Authority with NT WorkSafe as the administrative arm of the Authority.

In addition, government announced major new investment in NT WorkSafe including:

• the appointment of an Executive Director reporting directly to the Minister;
• more officers with special industry knowledge including mining and exploration, dangerous goods, construction, plant operation, licensing and electrical safety;
• extra personnel to facilitate the new Health and Safety Representative (HSR) initiative;
• improved advisory and support services particularly for small business;
• upgrade of information and response systems and technologies.

The Workplace Health and Safety Act:

• strengthens consultative arrangements by providing for direct worker input into better managing health and safety performance in workplaces by:
  • the introduction and training of Health and Safety Representatives for workplaces;
  • the provision of training and right-of-entry for occupational health and safety related purposes for authorized union representatives;
• identifies more specific powers for NT WorkSafe Workplace Safety Officers including:
  • significant new fines and penalties for regulatory breaches;
• provides for new industry advisory arrangements to the Minister in the form of a ten member Workplace Health and Safety Advisory Council;
• co-ordinates Occupational Health and Safety regulators with:
  • the inclusion of mine safety responsibilities under the new Act;
  • responsibility for construction related activity for Petroleum processing facilities prior to the production/operational phases;
  • regulation of Dangerous Goods across industry throughout the Northern Territory.

The Workers Rehabilitation and Compensation Act 2007 mirrors the existing compensation and rehabilitation provisions of the Work Health Act 1986. It is envisaged that this piece of legislation will be reviewed in late 2008/09.

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Heads of Workers’ Compensation Authorities (HWCA) call for stakeholder comment

The Heads of Workers’ Compensation Authorities (HWCA) have called for stakeholder comment on the draft position paper ‘Nationally Consistent Approval Framework for Workplace Rehabilitation Providers’. Please provide your comments to either Sue Carter at NT WorkSafe sue.carter@nt.gov.au or directly to HWCA at www.hwca.org.au.

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Heads of Workplace Safety Authorities (HWSA) goes online

HWSA brings together senior executive officers from the Commonwealth, state and territory and New Zealand workplace safety authorities to improve and harmonise occupation health and safety at a national level.

HWSA members have established a website which includes information detailing the organisation’s vision and objectives; current campaigns; reports; jurisdictional contacts; meeting schedules, and associated internet sites... more

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Return To Work Monitor Reports 2006/2007

National Report - This report is the tenth annual report of the Return to Work (RTW) Monitor conducted across Australian and New Zealand workers’ compensation jurisdictions. It is prepared for the Heads of Workers’ Compensation Authorities... more

Northern Territory Report - A report of a survey of 121 injured workers in the Northern Territory. This report is the sixth annual report of the Return to Work (RTW) Monitor conducted in the Northern Territory that provides comparison with national measures. The population surveyed is injured workers who have had ten days or more compensation paid. The survey is conducted in November and May each year... more

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Workers' Compensation

Superannuation

Employer contributions to superannuation are not included in the calculations of normal weekly earnings with regards to workers' compensation benefits under the Northern Territory Work Health Act.

Under Section 49 the Work Health Act states:

• (1A) For the purposes of the definition of 'normal weekly earnings' in subsection (1), a worker's remuneration does not include superannuation contributions made by the employer.
  
  
• (1B) Subsection (1A) is taken to have come into operation on 1 January 1987.

There are some instances where individuals are exempt from complying with the above mentioned two subsections and these are outlined in Section 195 of the Work Health Act.

On 2 August 2007, The High Court of the Northern Territory unanimously found the Amendment Act, of which these two subsections are a part of, to be valid.

See bulletin WH13.01.16 for further information.

Labour Hire and the Work Health Regulations

On 1 August 2007 the Work Health Regulations were amended so that all labour hire firms will have to purchase workers' compensation insurance for their workers, including those they let out on hire.

Previously labour hire firms could apply to NT WorkSafe to become an 'approved labour hire firm,' the up-shot of which was that they did not need to purchase workers' compensation insurance for their workers. The Northern Territory Government has decided to remove this option, and now all labour hire firms must have workers' compensation insurance.

Cross Border - Amended Workers' Compensation Legislation

Cross border provisions exist in workers' compensation legislation throughout Australia. They mean that generally, an employer need only obtain workers' compensation insurance to cover a particular worker in only one state or territory. The state or territory in which workers' compensation premiums relating to a particular worker are payable is referred to as the worker's 'state of connection.'

• Guide to Cross Border Workers' Compensation Provisions
• Workers' Compensation - Cross Border Arrangements

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