Return to Work (Employment and Progressive Injuries) Amendment Bill

Final Stages

The House of Assembly agreed to the bill with the amendments indicated by the following schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council:

No.1—New clause, page 4, after line 17—Insert:

4A—Insertion of section 17A

After section 17 insert:

17A—Employer and Corporation not to be present at examination or treatment of worker without consent

(1) Subject to this section, a worker's employer or the Corporation must not be present while a worker is—

(a) being physically or clinically examined, or treated, by a health practitioner; or

(b) undergoing any diagnostic examination or test required for the purposes of the worker's treatment by a health practitioner.

(2) A worker's employer or the Corporation may be present while the worker is at an examination, treatment or testing referred to in subsection (1)(a) or (b)—

(a) if the worker gives written agreement to their presence in the designated form; or

(b) in circumstances prescribed by the regulations.

(3) Nothing in this section prevents a worker's employer or the Corporation from being present during a consultation involving the worker and a health practitioner for the purposes of discussing the worker's recovery and return to work.

No. 2—Clause 8, page 10, after line 34—Insert:

(a1) Section 22(6a)—delete 'If' and substitute 'Subject to subsection (6b), if'

(a2) Section 22—after subsection (6a) insert:

(6b) If the Impairment Assessment Guidelines are amended or substituted, the guidelines in operation immediately before the commencement date of the amendment or substitution will continue to apply in relation to the assessment of permanent impairment of a worker's injury if, before that commencement date—

(a) the worker's injury satisfies the requirements of section 22(7)(a) of the Act; and

(b) the worker attended an appointment with an accredited medical practitioner selected in accordance with the Impairment Assessment Guidelines for the purposes of an assessment of permanent impairment of that injury.

No. 3—New Clause, page 12, after line 30—Insert:

9A—Amendment of section 37—Prescribed benefits

Section 37—after paragraph (b) insert:

(ba) any prescribed amount ordered by the Tribunal to be paid to the worker by the employer under section 18(5e);

No. 4—Schedule 1, clause 5, page 15, lines 1 to 3 [Schedule 1, clause 5(4)]—Delete subclause (4)

No. 5—Schedule 1, clause 5, page 15, after line 24—Insert:

(12) To avoid doubt, a reference to an injury being at MMI in a report prepared (whether before or after the commencement of this clause) for the purposes of an assessment of permanent impairment is to be taken to be a reference to the injury being stabilised.

Consideration in committee.

The Hon. K.J. MAHER: I move:

That the House of Assembly's amendments be agreed to.

Motion carried.

At 16:44 the council adjourned until Tuesday 12 November 2024 at 14:15.