o’farrell government agenda and cuts to workers c ompensation
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O’Farrell Government Agenda and Cuts to Workers C ompensation. February 2010:. Audit NSW public sector – cut $3 Billion; Cut business tax by $1.9 Billion; Review work conditions – compare NSW with other states and cut conditions; Audit agreement making; - PowerPoint PPT PresentationTRANSCRIPT
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O’Farrell Government Agenda and Cuts to Workers Compensation
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• Audit NSW public sector – cut $3 Billion;• Cut business tax by $1.9 Billion;• Review work conditions – compare NSW
with other states and cut conditions;• Audit agreement making;• Privatise lots of things including Electricity,
Ferries, CityRail & anything that can make $;• Contract out lots of things.
February 2010:
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O’Farrell Government legislative agenda – passed:
• Occupational Health and Safety Amendment Bill 2011;• Work Health and Safety Act 2011;• Industrial Relations (Public Sector Conditions of Employment) Bill 2011;• Police Amendment (Death and Disability) Bill 2011;• Local Government Amendment Bill 2011;• Technical and Further Education Commission Amendment (Staff
Employment) Bill 2011;• Universities Governing Bodies Bill 2011;• Industrial Relations (Public Sector Conditions of Employment) Regulation
2012;• Election Funding, Expenditure and Disclosures Amendment Act 2012;• Electricity Generator Assets (Authorised Transactions) Act 2012;• Workers Compensation Legislation Amendment Act 2012.
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O’Farrell Government legislative agenda – before parliament:
• Industrial Relations Amendment (Dispute Orders) Bill 2012;
• Industrial Relations Amendment (Industrial Representation) Bill 2012;
• Retail Trading Amendment Bill 2012.
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Under O’Farrell NSW has…
- Lost thousands of jobs;- Had essential services privatised;- Seen the closure of government services (OIR,
Cronulla Fisheries);- Seen pay cuts in the public sector;- Had the ability for unions to campaign politically
against these cuts watered down;- Lost protections against injuries at work.
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Workers Compensation Amendment Act 2012
Introduced to parliament on 19th June, passed on 22nd June and received assent on 27th June 2012.
Major cuts have been made to:•Weekly payments;•Medical costs;•Coverage of journey claims;•Lump sums and pain and suffering compensation;•Occupational disease claims;•Legal costs.
All these changes are retrospective
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Changes are retrospective
• Changes to weekly benefits, medical costs and duration of payments are to apply as soon as possible to existing claims;
• Changes to lump sum compensation are to apply to existing claims from 27 June;
• If you are on Workers Comp, talk to your union to find out how this will affect you.
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Weekly payments will be capped
• Most weekly benefit payments will stop after 2.5 years;
• Payments will cease after 5 years (unless 20% whole person impairment);
• Payments will be reduced to 95% from day one, there will be a further drop to 80% at 14 weeks in most cases;
• Payments will remain at 80% until they are cut completely.
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Journey claims will be severely limited
• Injuries sustained when travelling to or from work will only be covered ‘if there is a real and substantial connection between the employment and the accident or incident’;
• It is uncertain exactly what incidents will and will not be covered;
• Previously all injuries on the way to and from work were covered.
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Medical expenses cover will be cut
• Medical expenses will only be paid for a maximum of one year from the date a claim is made or when weekly payments cease, whichever is longer;
• ‘Seriously injured’ workers who have a 30% whole person impairment are exempt.
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Lump sums for injuries will be limited
• Lump sum payments are only available for very serious permanent injuries (10% whole person impairment);
• Lump sum payments for pain and suffering have been cut;
• It is no longer a requirement that an injured worker seek legal advice before accepting a lump sum offer.
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Claims on strokes and heart attacks are limited
• Heart attacks and strokes will not be covered unless the nature of employment gave rise to ‘significantly greater risk’;
• There is uncertainty as to how this may be applied.
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Cover for occupational disease will be restricted
• Disease will only be covered where employment is ‘the main contributing factor’;
• Previously there, employment could be one of a number of contributing factors.
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Abolition of partners’ claims for nervous shock
• Previously the spouse, partner or direct relative of someone who has died in a workplace accident can access some cover if they are diagnosed as having nervous shock as a result of the death (eg, if the are unable to work)
• This has been abolished
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Further attacks
• O’Farrell told Parliament on 19 June the this was just the ‘first stage’;
• The NSW Government has left open several areas where further cuts can be made ‘by regulation’ which just requires them to upload changes onto the government website.
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NSW for All
• Visit: www.nswforall.org.au– Sign the petition– Tell us your story– Receive the latest updates
• Send a message to your local MP– Make an appointment to meet with them– Make a phone call– Send an email or letter