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HIRE AND RENTAL NEWS • NOVEMBER 2016
The Workers Compensation Regulation
2016 (2016 Regulation) commenced
on 1 September 2016 and remakes and
replaces the Workers Compensation
Regulation 2010 (2010 Regulation). The
2010 Regulation was due for automatic
staged repeal on 1 September, which
provided the opportunity to remake the
Regulation, ensuring it appropriately
supports the workers compensation
legislation.
Deputy Secretary Better Regulation,
Department of Finance, Services and
Innovation and Chief Executive of SIRA,
Anthony Lean said: “The 2016 Regulation
is an update to accurately reflect recent
legislative change and reforms.
“Due to the automatic staged repeal of
the 2010 Regulation on 1 September,
the Regulation was remade with
amendments.
“Changes include updating prescribed
medical tests and results relating to
brucellosis, Q fever, and leptospirosis
New workers compensation regulation in NSW commences
to reflect the latest definitions from the
NSW Control Guidelines for Public Health
Units.
“Other changes include alignment with
reforms to workers compensation and
legal profession legislation since 2010,
and removal of unnecessary clauses.
“Updated references to other legislative
instruments and clarification of the
wording of clauses where there was
unclear interpretation have also been
included.”
Mr Lean said the 2016 Regulation also
incorporated amendments made to the
2010 Regulation during 2016.
“Due to their substantive and specialised
nature, amendments to the Market
Practice and Premiums Guidelines and
Return to Work Assistance benefits
were progressed concurrently with,
but separate to, the remake of the 2010
Regulation,” he said.
“Work also continues on issues related
to pre-injury average weekly earnings
and legal costs for work capacity
decisions. Any enhancements to the 2016
Regulation concerning these issues will
be announced in the future.”
Mr Lean said the development of
the Regulation included public
consultation which identified a number
of opportunities for better workers
compensation regulation.
“Public consultation on the draft
Regulation was conducted from May –
June 2016 and stakeholder submissions
were considered in the development of
the new regulation,” he said.
“A number of key issues were highlighted
in relation to worker access to reports
obtained by insurers and work-related
diseases. While these issues were outside
the scope of this remake, the feedback
identified opportunities for better
regulation for injured workers."
Contact: 13 10 50 or visit: sira.nsw.gov.au
The State Insurance Regulatory Authority (SIRA) announced the commencement of a
new workers compensation regulation.
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