Wednesday, 5 March 2025

Bills

Workplace Injury Rehabilitation and Compensation Amendment Bill 2025

Statement of compatibility

Ben CARROLL (Niddrie – Minister for Education, Minister for WorkSafe and the TAC) (10:40): In accordance with the Charter of Human Rights and Responsibilities Act 2006, I table a statement of compatibility in relation to the Workplace Injury Rehabilitation and Compensation Amendment Bill 2025:

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (the Charter), I make this statement of compatibility in relation to the Workplace Injury Rehabilitation and Compensation Amendment Bill 2025 (the Bill).

In my opinion, the Bill, as introduced to the Legislative Assembly, is compatible with the human rights as set out in the Charter. I base my opinion on the reasons outlined in this statement.

Overview of the Bill

The Bill makes various amendments to the Workplace Injury Rehabilitation and Compensation Act 2013 (the WIRC Act), Accident Compensation Act 1985 (AC Act) and Occupational Health and Safety Act 2004 (the OHS Act) to:

• introduce lived experience membership criterion for the WorkSafe Board Advisory Committees being the Occupational Health and Safety Advisory Committee (OHSAC) and the WorkCover Advisory Committee (WAC)

• improve return to work (RTW) outcomes by requiring employers to provide RTW co-ordinators with the assistance and facilities reasonably necessary for the performance of their functions under the WIRC Act and to ensure they receive appropriate training

• introduce new compensation entitlements and improve supports for family members after a work-related death by:

• allowing family members of a deceased worker to receive provisional payments after a death by suicide

• increasing weekly pensions payable to dependent children of deceased workers

• extending the duration of provisional pension payments for dependent partners to 26 weeks

• creating an entitlement to lump sum payments for economic loss for dependants who are not the partner or child of a deceased worker

• creating an entitlement to lump sum payments for non-economic loss for close family members of deceased workers

• providing access to a broader range of therapy and other support services

• introducing a new entitlement to compensation for forensic cleaning where a worker dies at home or at the home of a family member

• improve operations of the Workplace Injury Commission (WIC) by allowing WIC to:

• certify a consent agreement made between the parties to resolve a dispute which has been referred to arbitration

• document an enforceable agreement for a worker’s arbitration costs where the parties resolve the dispute at arbitration or further conciliation following arbitration

• share information with an injured worker once conciliation or arbitration has concluded

• streamline administrative arrangements for the members of WorkSafe’s Board, the Chief Executive Officer and hearing loss assessors

• correct minor drafting errors from the Workplace Safety and Other Matters Amendment Act 2022 and the Workplace Injury Rehabilitation and Compensation Amendment (WorkCover Scheme Modernisation) Act 2024.

Human Rights Issues

The following rights are relevant to the Bill:

• the right to equality before the law (section 8)

• the right to participate in public life (section 18)

• the protection of families and children (section 17)

• the right to privacy (section 13)

• the right to freedom of expression (section 15)

• the right to presumption of innocence (section 25(1)).

For the reasons detailed below, I am satisfied that the Bill is compatible with the Charter and, if any of the abovementioned rights are limited, those limitations are reasonable and demonstrably justified having regard to the factors within section 7(2) of the Charter.

Right to Equality before the law – section 8

Section 8(2) of the Charter provides that every person has the right to enjoy their human rights without discrimination. Section 8(3) of the Charter provides that every person is entitled to equal protection of the law without discrimination and has the right to equal and effective protection against discrimination. The purpose of the right in section 8(3) is to ensure that all laws and policies are applied equally, and do not have a discriminatory effect.

‘Discrimination’ under the Charter is defined by reference to the definition in the Equal Opportunity Act 2010 (EO Act) and refers to discrimination based on an attribute in section 6 of that Act, which includes age, race, sex, disability and parental status amongst many others. Direct discrimination occurs where a person treats, or proposes to treat, a person with an

attribute unfavourably because of that attribute. Indirect discrimination occurs where a person imposes a requirement, condition or practice that has, or is likely to have, the effect of disadvantaging persons with a protected attribute, but only where that requirement, condition or practice is not reasonable.

Training of RTW co-ordinators

Clause 7 of the Bill inserts new ss 106A and 106C into the WIRC Act to require employers to provide RTW co-ordinators with training, facilities and assistance as reasonably required to fulfil their functions. Failure to comply with these obligations without reasonable excuse, will constitute an offence attracting a penalty of 120 penalty units for a natural person, and 600 penalty units for a body corporate under clauses 8 and 9 of the Bill.

RTW co-ordinators have a crucial role in ensuring the removal of barriers and provision of adequate support for injured workers returning to work. The amendments inserted by clauses 7 to 9 of the Bill will ensure that RTW co-ordinators have the necessary skills and resources to adequately support injured workers and to reduce discrimination and other barriers they may face when returning to work. Therefore, the Bill promotes the right to equality by ensuring that injured workers returning to work are supported, treated equally and not discriminated against based on their disability or injury.

Allowing family members of a deceased worker to receive provisional payments in the case of death by suicide

Clause 22 of the Bill amends the WIRC Act to remove the section that currently prevents WorkSafe or a self-insurer from making provisional payments to family members who are likely to be entitled to compensation in circumstances where a worker dies by suicide.

Provisional payments are important to ensuring that death and dependency claims are managed sensitively and without delay by providing immediate financial support to family members of workers whose death is likely to have been work-related. Excluding all deaths caused by suicide from the entitlement to provisional payments may constitute indirect discrimination against the protected attribute of ‘disability’, which includes a mental or psychological disease or disorder. By amending the WIRC Act to provide that family members of a worker who has died by suicide are not excluded from receiving provisional payments, clause 22 promotes the right to equality by ensuring that the WIRC Act does not treat deaths by suicide differently from other work-related deaths.

Right to Participate in Public Life – section 18(1)

Section 18(1) of the Charter provides that every person in Victoria has the right, and is to have the opportunity, without discrimination, to participate in the conduct of public affairs, directly or through chosen representatives.

This includes being able to share opinions and be involved in decision making relating to aspects of public administration, including the formulation and implications of policy.

Introducing lived experience membership in OHSAC and WAC

Clause 11 and 55 of the Bill amends the WIRC Act and the OHS Act respectively to require the membership of the WAC and OHSAC to include people with lived experience of being affected, directly or indirectly, by incidents that occur at a workplace involving death, serious injury or serious illness.

The purpose of the OHSAC and WAC is to advise the WorkSafe Board on matters of policy relating to promoting healthy and safe working environments, workers’ entitlement to compensation and the operation and administration of the OHS and WIRC Acts and associated regulations.

The amendments in clause 11 and 55 of the Bill promote the right to participate in public life, providing the opportunity for people with lived experience to be a voice for injured workers, or the dependants of workers who died at work in policy-making decisions concerning occupational health and safety, workers compensation and rehabilitation.

Right to Protection of Families and Children – section 17(2)

Section 17(1) of the Charter recognises that families are the fundamental group unit of society and entitles families to protection by the society and the State. The right is principally concerned with unity of family, which in this context encompasses the diversity of families living within Victoria, not only those recognised by formal marriage or cohabitation. The right in section 17(1) is related to the right to privacy in section 13(a) of the Charter, which relevantly provides that every person has the right to not be subject to unlawful or arbitrary interferences with their family.

Section 17(2) of the Charter provides that every child has the right, without discrimination, to such protection as is in the child’s best interests and as is needed by them by reason of being a child. This right recognises the special vulnerability of children, and requires the State to adopt social, cultural and economic measures to protect children and to promote their development and education. The scope pf the right is informed by the United Nations Convention on the Rights of the Child, which requires that in all actions concerning children, the best interest of the child shall be the primary consideration.

Extending the duration of provisional pension payments to 26 weeks

Clause 11 of the Bill inserts new s243(1)(ab) into the WIRC Act to extend the maximum duration of provisional payments of the weekly pension for the dependent partner of a deceased worker from 12 weeks to 26 weeks. In so doing, clause 11 promotes the protection of families and children under s17 of the Charter, by reducing the risk of financial hardship, following the work-related death of a family member.

Provisional pension payments are currently only available for a 12-week period following the death of a worker. However, for around one in four claims it can take longer than 12 weeks for claim acceptance. This can result in a period where no financial support is available which can cause financial hardship for the dependent partners and children of deceased workers.

The Bill will ensure financial support to the dependent partner of a deceased worker continues in circumstances where their claim determination is delayed beyond the existing 12-week payment period. This will provide certainty and stability and ensure that financial support is provided at a crucial time for dependent partners.

Increasing weekly pension payable to dependent children of deceased workers

Clause 21 of the Bill amends the WIRC Act to increase the rate of weekly pension to dependent children of a deceased worker to:

• 12.5 per cent of the worker’s pre-injury average weekly earnings (PIAWE) if there are up to four eligible dependent children; or

• an equal share of 50 per cent of the worker’s PIAWE if there are four or more eligible dependent children.

The amendments recognise the economic loss of partners and children who are dependent on the deceased workers income. Families with children are particularly vulnerable following a work-related death and the current weekly pension entitlements do not realistically reflect the costs associated with raising children and can result in financial hardship. By increasing the rate of the weekly pension for dependent children these amendments promote the right to protection of families and children as under s17 of the Charter.

A new lump sum payment for non-economic loss

Clause 19 of the Bill inserts new s237A into the WIRC Act and clause 41 inserts new s92A(8)(c) into the AC Act to create a new entitlement to compensation for non-economic loss for the ‘close family members’ of a worker whose death is work-related

The Victorian workers compensation scheme is almost exclusively focussed on compensating family members and dependents of workers for their economic loss experienced because of a work-related death. The WIRC Act and AC Act do not compensate for the “non-economic loss” caused by work-related deaths.

Therefore, clauses 19 and 41 of the Bill will introduce compensation for “non-economic loss” for work-related deaths. The entitlement will be available to close family members of the worker irrespective of their level of dependency on the worker’s earnings.

The Bill will define a close family member as being a person who had a genuine personal relationship with the worker at the time of their death and who was:

• a partner, parent, guardian, step-parent, grandparent, sibling or step-sibling of the worker

• a person of whom the worker was a parent, step-parent or guardian.

I consider clauses 19 and 41 of the Bill promote the right to protection of families under section 17(1) of the Charter by ensuring that families are compensated and supported for their grief, pain and suffering following the traumatic circumstance of the work-related death of a close family member.

Right to Privacy – section 13(1)

Section 13(a) of the Charter states that a person has the right not to have their privacy unlawfully or arbitrarily interfered with. An interference will be lawful if it is permitted by a law which is precise and appropriately circumscribed, and will be arbitrary only if it is capricious, unpredictable, unjust or unreasonable, in the sense of being disproportionate to the legitimate aim sought.

Obligation to provide all relevant documents and information

The Bill amends the WIRC Act and AC Act to introduce the following new entitlements for family members and/or dependants of a worker whose death is work-related:

• lump sum compensation of up to $20,000 per claimant for the economic loss resulting from the compensable death of a worker experienced by a person who was dependent on the worker but was not their partner or child

• lump sum compensation of $10,000 per claimant for the non-economic loss experienced by a close family member resulting from the compensable death of a worker

• compensation for family members for the reasonable costs of forensic cleaning incurred after a compensable death that occurs in the home of the worker or the home of a family member of the worker.

To assess claims under these new amendments, WorkSafe will, under existing information gathering powers in s552 of the WIRC Act, be required to collect relevant personal information and documents from family members to establish their relationship to and/or financial dependency on the deceased worker.

These provisions engage but do not unreasonably limit the right to privacy. Section 13 of the Charter contains internal limitations, which affect the scope of the right. Because any interference with a person’s privacy or reputation occasioned by these provisions will be pursuant to law and non-arbitrary, it will not limit the rights protected by section 13 of the Charter. Relevantly, I note that this requirement is necessary to enable WorkSafe to effectively obtain relevant personal information and documents to fulfill its functions. Further, WorkSafe must comply with relevant obligations under the Privacy and Data Protection Act 2014, the Health Records Act 2001 and the WIRC Act. WorkSafe also has a Privacy Manual setting out how WorkSafe and it’s Authorised Agents collect, store and use personal information.

Right to freedom of expression – section 15

Section 15(2) of the Charter provides that every person has the right to freedom of expression, which includes the freedom to seek and receive information.

Amendments to improve the operation of the Workplace Injury Commission

Clauses 34 and 35 of the Bill enable the Accident Compensation Conciliation Service (the legal name of the Workplace Injury Commission) to provide documents to injured workers and their representative following the conclusion of a conciliation or arbitration, so that they no longer have to make a Freedom of Information request to access to their own file. This promotes the right to freedom of expression as it removes a procedural barrier for workers wishing to access their own conciliation and arbitration file to review the information relied upon and the decision made during the process.

Right to presumption of innocence – section 25(1)

Section 25(1) of the Charter provides that a person charged with a criminal offence has the right to be presumed innocent until proved guilty according to law. The right is relevant where a statutory provision shifts the burden of proof onto an accused in a criminal proceeding, so that the accused is required to prove matters to establish, or raise evidence to suggest, that they are not guilty of an offence.

New Employer Offences

Clause 7 in the Bill inserts new ss 106A and 106C into the WIRC Act which create offences that contain a ‘reasonable excuse’ exception, which may place an evidential burden on the accused.

The relevant offences relate to failure of an employer to ensure that a person who is appointed to act as a RTW co-ordinator completes an approved training course within a required period, and an offence relating to the failure of an employer to provide an RTW co-ordinator with the facilities and assistance that the person reasonably requires to perform their functions. Clauses 8 and 9 of the Bill then contain the relevant penalty provisions, being 120 penalty units for a natural person, and 600 penalty units for a body corporate.

By creating a ‘reasonable excuse’ exception, these offences are relevant to the right to the presumption of innocence under s 25(1) of the Charter, because they place an evidential burden on the accused, in that they require the accused to raise evidence of a reasonable excuse. However, in doing so, this offence does not transfer the legal burden of proof. Once the accused has pointed to evidence of a reasonable excuse, which will ordinarily be peculiarly within their knowledge, the burden shifts back to the prosecution to prove the essential elements of the offence. I do not consider that an evidential onus of this kind limits the right to be presumed innocent, and clause 7 of the Bill is therefore compatible with this right.

The Hon. Ben Carroll

MP Deputy Premier

Minister for Education

Minister for WorkSafe and the TAC

Second reading

Ben CARROLL (Niddrie – Minister for Education, Minister for WorkSafe and the TAC) (10:40): I move:

That this bill be now read a second time.

I ask that my second-reading speech be incorporated into Hansard.

Incorporated speech as follows:

The Bill makes several amendments to the Workplace Injury Rehabilitation and Compensation Act 2013, Occupational Health and Safety Act 2004 and Accident Compensation Act 1985 to improve the experience of injured workers and other claimants throughout their time on the WorkCover Scheme (Scheme) and to improve the support provided to families and dependants of deceased workers. These changes deliver on the Victorian Government’s commitment to implement recommendations of the Independent Review of WorkSafe Victoria’s management of complex workers’ compensation claims led by Peter Rozen KC (now Judge Rozen) and a review of the adequacy of compensation and supports for family members of workers whose death is work-related. The Bill will ensure that the Scheme, WorkSafe, its Agents and self-insurers are taking a person-centred approach to the delivery of services. The Bill also includes administrative changes that will improve the operation of the Scheme, WorkSafe and the Workplace Injury Commission (WIC).

The Rozen Review was commissioned in response to the Victorian Ombudsman’s 2019 recommendation to review WorkSafe’s agent model to determine how and by whom complex claims should be managed. The Rozen Review made 22 recommendations for reform. The Victorian Government committed to delivering on these recommendations by accepting five recommendations in full and accepting 14 in principle. Five of these recommendations (9, 14, 17, 19 and 20) required legislative change.

The Bill also includes amendments that deliver on recommendations made following a review of the adequacy of compensation and support arrangements for families impacted by a work- related death. The Family Supports Review recommended broadening the types of compensation and support available for families of deceased workers and made 10 recommendations, eight of which were accepted by the Victorian Government.

The Bill includes amendments to deliver on the Government’s commitment to implementing accepted recommendations from the Rozen Review and Family Supports Review.

I will now address the key amendments in more detail.

Improving the experience of injured workers and other claimants

The challenges faced by injured workers and claimants should not be compounded by their experiences of the Scheme. Improving these experiences by ensuring that WorkSafe, its Agents and self-insurers adopt a person-centred approach is a key focus of the Bill and will ultimately lead to better outcomes.

To achieve this, the Bill amends the Workplace Injury Rehabilitation and Compensation Act 2013 and the Accident Compensation Act 1985 (the Acts) to insert new objectives of both the Acts, and WorkSafe, to ensure that injured workers and other claimants and users of the Scheme are treated fairly, respectfully and with dignity, and receive high-quality services. These objectives will apply to all users of the Scheme, not just workers and their families and will ensure that all decisions made under Victoria’s workers’ compensation framework are guided by these person-centred objectives.

To assist in operationalising these new objectives, the Bill will also amend the Workplace Injury Rehabilitation and Compensation Act 2013 to empower the Minister for WorkSafe and the TAC (Minister) to publish a Code of Claimants’ Rights (the Code). When published, the Code will provide clear service standards that injured workers and other claimants on the Scheme will be entitled to when engaging with WorkSafe, its Agents and self-insurers. It will also set out corresponding obligations on WorkSafe, its Agents and self-insurers and include a procedure for making, investigating and resolving complaints about non-adherence to the Code. WorkSafe will be responsible for investigating and resolving these complaints and may issue remedies where a complaint is substantiated including an apology, an explanation of a decision or outlining steps that will be taken to avoid future non-adherence to the Code.

The Code will be released for public comment and tabled before Parliament, providing Parliament the opportunity to scrutinise the Code to ensure it contains standards that are relevant and valuable for claimants.

These changes will ensure that claimants of the Scheme are provided with a legislative basis for setting expectations for dignified and respectful treatment. Overall, this will improve an injured worker’s overall claims journey and lead to better return to work outcomes and more effective service delivery.

Training of return to work (RTW) co-ordinators

Improving return to work outcomes of injured workers is a key focus of the Victorian Government. We know that workers who are not adequately supported stay on the Scheme longer and have poorer return to work outcomes which can adversely impact their overall wellbeing.

RTW co-ordinators play a vital role in supporting RTW. It is important they have the necessary skills, training and resources to provide this support and respond appropriately to contemporary challenges in Victorian workplaces.

The Bill makes amendments to the Workplace Injury Rehabilitation and Compensation Act 2013 to require employers to ensure that RTW co-ordinators appointed pursuant to the Act complete approved training and have assistance and facilities reasonably required to fulfil their functions in supporting injured workers returning to work.

Mandatory training courses and timeframes for completion will be determined by the Minister via a Ministerial Order. This will be published in the Government Gazette and available on the WorkSafe website. WorkSafe will also provide guidance to employers on what facilities and assistance may be appropriate for return to work co-ordinators in a compliance code.

Consistent with other provisions for appointing RTW co-ordinators under the Act, non- compliance with these provisions will be met with penalties.

The Victorian Government recognises that Victorian businesses are diverse in terms of size and nature of work. As such, training requirements may differ depending on whether the employer is a large or small business and will be delivered in such a way that is accessible and provides necessary information and skillsets. This may include a mix of both online training and face to face workshops.

Employers and Employees will be consulted on the training requirements and be provided with a reasonable time to comply after the obligations commence.

Statutory review

To ensure that the Scheme’s operations, and claimants experience of this, are regularly evaluated, the Bill will require statutory reviews of the Scheme to be undertaken at least every five years, with the first such review to be completed by 31 December 2030. The report on each review will be required to be tabled in each house of Parliament within six months of the final report being provided to the Minister.

Lived experience membership in WorkSafe Advisory Committees

The Bill makes amendments to the Workplace Injury Rehabilitation and Compensation Act 2013 and Occupational Health and Safety Act 2004 to require that the Occupational Health and Safety Advisory Committee and the WorkCover Advisory Committee consist of persons who have been affected, directly or indirectly, by incidents that occur at a workplace involving death, serious injury or serious illness. People with lived experience have valuable insight to provide and this amendment is an important step towards strengthening their voice in policymaking concerning occupational health and safety, workers’ compensation and rehabilitation.

Improving supports for family members after a work-related death

The Victorian Government recognises the significant impact workplace trauma can have on the families of victims. Following on from the Labor Government’s Families and Injured Workers System Reform and Implementation Package, the Bill contains several amendments which will improve support for families who have been forever impacted by serious workplace injuries and deaths to help them deal with their trauma and alleviate financial hardship.

Increasing weekly pension payable to dependent children

The Bill amends the Workplace Injury Rehabilitation and Compensation Act 2013 and the Accident Compensation Act 1985 to increase the weekly pension payable to dependent children of a worker whose death is work-related. For workers with up to four dependent children, each child will be entitled to a weekly pension of 12.5 per cent of pre-injury average weekly earnings (PIAWE), more than double the current rate of 5 per cent of PIAWE. For workers with five or more dependent children, each child will be entitled to a pension paid at an equal share of 50 per cent of the worker’s PIAWE (double the current entitlement of 25 per cent of PIAWE). The increased pension rate will apply to all future entitlements to the dependent child pension on or after the proclamation date. The increased pension rate will also be applied retrospectively so that any person who was entitled to a dependent child pension in the five years prior to the commencement of the amendment will be entitled to have received that pension at 12.5 per cent PIAWE. Impacted child pension recipients will receive a payment to account for the difference between the pension they received and what they are now entitled to receive. This amendment ensures that the Scheme provides better financial support for children and that child pensions are more reflective of the costs associated with raising a child.

Lump sum payment for economic loss of dependants that are not partners or children

The Victorian Government recognises the diverse range of dependants that a deceased worker may have that are not children or partners. The Workplace Injury Rehabilitation and Compensation Act 2013 currently does not provide compensation to a person who was economically dependent on a worker’s earnings at the time of their death if there is also compensation payable to partners or children. This means that if a worker was providing economic support to a partner, a child and also a parent or sibling then the parent or sibling would not be entitled to compensation.

The Bill will create a new lump sum compensation entitlement for dependants other than partners and children where a deceased worker also has a dependent partner(s) or children. Eligible dependants will be able to receive compensation of up to $20,000 for their economic loss. This compensation will be available for work-related deaths which occur on a date that is after Royal Assent.

Lump sum payment for non-economic loss

The Bill will also create an entitlement for close family members to access a lump sum payment for non-economic loss. A close family member includes a partner, parent, step- parent, guardian, grandparent, sibling, step-sibling, child or step-child of the worker or a child to whom the worker was a guardian at the time of their death. Eligible close family members can each receive $10,000 compensation. This compensation will be available for deaths which occur on a date that is after Royal Assent.

Extending duration of provisional pension payments

Dependant partners of workers whose death is work-related are currently entitled to receive a provisional pension for up to 12 weeks while liability for their claim is determined. However, for around 1 in 4 claims it can take longer than 12 weeks for liability to be determined. This can result in dependant partners experiencing a gap in the financial assistance they receive, which can cause financial hardship. The Bill amends the Workplace Injury Rehabilitation and Compensation Act 2013 to extend the provisional payments period to up to 26 weeks after the death of the worker. This will apply to claims relating to a death which occurred on a day that is after Royal Assent. This amendment seeks to ensure that partners will not face a gap in payments between the end of the provisional pension and any ongoing pension they are entitled to. The Bill will also remove the current exclusion on making provisional payments in connection with a worker’s death that was caused by suicide.

Therapy and other support services

The Victorian Government recognises that family members who are impacted by the death of a worker will have diverse support needs. While the Scheme already provides access to family counselling services, family members may benefit from a broader range of therapy or support services. The Bill will therefore enable the Minister to issue a Ministerial Direction identifying those therapy and other support services that families can access to support them with the grief and trauma they experience after a work-related death. It will also increase the amount of therapy and other support services which can be accessed to $10,000 per work- related death. This amount will be indexed annually. This amendment will ensure that the Scheme can better meet the needs and preferences of families of workers who die at work or who have a with severe injury or eligible progressive disease.

Forensic cleaning

Some work-related deaths occur in a worker’s own home or in the home of a family member. This can be extremely traumatising for families and, unfortunately, the Scheme is currently unable to assist families facing these traumatic circumstances. The Bill creates an entitlement to compensation for the reasonable cost of forensic cleaning of the home in such circumstances. WorkSafe and self-insurers will be able to provide this compensation as a provisional payment.

Improving the operation of the Workplace Injury Commission

WIC provides conciliation and arbitration services to support injured workers and employers to resolve disputes regarding workers’ compensation claims. The Bill streamlines the administration of WIC’s powers by allowing WIC to resolve disputes by certifying consent agreements made between parties during the arbitration process. It also allows WIC to document an enforceable agreement for a worker’s arbitration costs and award a worker’s arbitration costs in line with the Costs Schedule.

Currently, WIC is unable to share information with injured workers when the dispute resolution process has ended. To remedy this, the Bill allows WIC to share documents and information with the worker after conciliation and/or arbitration has concluded. This will avoid circumstances in which workers are required to make a freedom of information application to request access to this information, alleviating burden, stress and unnecessary administration.

Improving administrative arrangements for WorkSafe

The Bill will also make several amendments to improve the administration of the Scheme and its operational effectiveness. The Bill amends the Workplace Injury Rehabilitation and Compensation Act 2013 to ensure that further impairment benefits for eligible progressive diseases and serious lung injuries are indexed annually in line with the consumer price index (CPI). This will ensure the compensation amounts are aligned with those for further hearing loss, as intended.

The Bill will also streamline the appointment of hearing loss assessors by removing the requirement for these assessors to be approved by the Minister. Instead, any registered medical practitioner who has undertaken the Ministerially approved training course will be able to be appointed as a hearing loss assessor by WorkSafe. This amendment will reduce delay in appointing assessors and will align their appointment process with those in place for other impairment assessors under the Act.

The Bill amends the administrative arrangements for the appointment and resignation of the WorkSafe CEO. The WorkSafe CEO is currently appointed by the Governor in Council. The Bill will allow the WorkSafe Board to appoint the CEO with the approval of the Minister and allow the WorkSafe CEO to resign by providing a signed letter to the Chair of the WorkSafe Board. This will reduce administrative burden and align the CEO appointment process with that of similar Victorian Government entities.

The Bill will also create a power for the WorkSafe Board to appoint an Acting CEO where the WorkSafe CEO is unable to fulfil the duties of the role or the substantive office is vacant. The Acting CEO will have all the rights and powers and must perform all the duties, of the WorkSafe CEO as set out by the Workplace Injury Rehabilitation and Compensation Act 2013, the Accident Compensation Act 1985, the Occupational Health and Safety Act 2004, the Dangerous Goods Act 1985 and the Equipment (Public Safety) Act 1994.

Currently, the terms and conditions of appointment of Directors of the WorkSafe Board are also set by the Governor in Council. The Bill will allow the Minister to specify the terms and conditions of these appointments. WorkSafe Board Directors will also be able resign by writing to the Minister, rather than the Governor in Council. These minor amendments are designed to streamline these administrative processes.

Conclusion

To conclude, the Bill makes several important changes to the WorkCover Scheme that are necessary to improve the experiences of injured workers and claimants throughout their claims journey, increase the support available to families and dependants of workers whose death is work-related and improve the operation of the Scheme, WorkSafe and the Workplace Injury Commission.

I commend the Bill to the house.

Cindy McLEISH (Eildon) (10:40): I move:

That the debate be now adjourned.

Motion agreed to and debate adjourned.

Ordered that debate be adjourned for two weeks. Debate adjourned until Wednesday 19 March.