New South Wales Bills Explanatory Notes

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WORKERS COMPENSATION AMENDMENT BILL 1997

[Act 1997 No 4]
New South Wales
Workers Compensation Amendment

Bill 1996

Explanatory note

This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Workers Compensation Act 1987 to
reinstate certain amendments that were omitted from the WorkCover
Legislation Amendment Bill 1996 (No 2) during the Committee stage in the
Legislative Council.

The amendments to be reinstated relate principally to coal miners and
provide for:

(a) the making of regulations to modify the operation of or disapply any of
the amendments made by the WorkCover Legislation Amendment Act
1996 (except the journey claim amendments) in respect of coal miners,
and
(b) the exemption of coal miners from the new provision inserted by that
Act for the discontinuation of weekly payments of compensation after
2 years.

Workers Compensation Amendment Bill 1996 [Act 1997 No 4]
Explanatory note

The amendment referred to in paragraph (b) also exempts persons who are
permanently and totally incapacitated for work from the provision for
discontinuation of weekly payments of compensation after 2 years.

The Bill also makes a minor amendment by way of statute law revision to
correct a cross-reference.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides that the proposed Act is taken to have commenced on the
date of assent to the WorkCover Legislation Amendment Act 1996 except for
the amendment referred to in paragraph (b) above, which commences or is
taken to have commenced on the commencement of the provision that it
amends.

Clause 3 is a formal provision that gives effect to the Schedule of
amendments to the Workers Compensation Act 1987.

Schedule 1

Amendments

Schedule 1 [l] exempts coal miners, and workers who are totally and
permanently incapacitated for work, from the operation of the new provision
for discontinuation of weekly payments of compensation after 2 years.

Schedule 1 [2] makes a statute law revision amendment to correct a
cross-reference.

Schedule [3] inserts a regulation making power to enable the regulations to
modify the operation of or disapply any of the amendments made by the
WorkCover Legislation Amendment Act 1996 (except the journey claim
amendments) in respect of coal miners. The regulations can be made so as to
operate retrospectively (back to the date of assent to the WorkCover
Legislation Amendment Act 1996).

Explanatory note page 2

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