It's fair to say that Commonwealth workers' compensation has largely been in a 'holding pattern' this year. Whilst national harmonisation of occupational health and safety (OHS) and workers' compensation has remained very much on the agenda, there has been a lot of talk but very little action towards bringing about any significant changes.
In mid December 2007, honouring an election promise, the Federal Government announced a moratorium on new employers entering the Comcare scheme. The moratorium was put in place pending review of the scheme amid concerns about the lowering of OHS standards, restriction of union rights of entry to workplaces and reduction in compensation entitlements under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act). The review was initially due to be completed by March 2008, however this was pushed out to July 2008. An announcement on the outcome of the review has yet to be made by the Government at the time we went to press, however indications were that the report would be out before the end of the year.
Earlier this month, the Government proposed legislation to increase the death benefit payable under the SRC Act, designed to bring benefits 'more closely into line with those provided under state workers' compensation schemes' and to 'make it fairer for families of employees, particularly for those whose employers have joined Comcare from state schemes'.
So, it remains to be seen where the Comcare scheme heads in 2009 and how it ties into the ongoing debate about uniformity of OHS and workers' compensation regulation in Australia.
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