SIRA reveals updated workers compensation regulation

A new workers compensation regulation in NSW has been announced by the State Insurance Regulatory Authority (SIRA).

The Workers Compensation Regulation 2016 commenced on 1 September 2016, replacing the Workers Compensation Regulation 2010.

Anthony Lean, deputy secretary better regulation and chief executive of SIRA at the Department of Finance, Services and Innovation, said the 2016 regulation reflected the NSW Government’s commitment to better regulation for businesses and workers.

“The 2016 regulation is an update to accurately reflect recent legislative change and reforms,” Lean said.

“Due to the automatic staged repeal of the 2010 regulation on 1 September, the regulation was remade with amendments.”

The staged repeal of the 2010 regulation provided the opportunity to remake the regulation, ensuring it appropriately supports the workers compensation legislation.

Changes include updating prescribed medical tests and results relating to brucellosis, Q fever and leptospirosis 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, including the 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 added.

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.”

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 the remake, feedback identified opportunities for better regulation for injured workers in the future.

“SIRA has listened to that feedback and will respond with some additional projects to deliver better regulation for NSW,” said Lean.

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