Legislative Council: Tuesday, November 12, 2024

Contents

Workers Compensation

The Hon. J.S. LEE (Deputy Leader of the Opposition) (14:44): I seek leave to make a brief explanation before asking a question of the Minister for Industrial Relations and Public Sector about workers compensation.

Leave granted.

The Hon. J.S. LEE: A recent judgement handed down by the South Australian Employment Tribunal found that a woman who tripped over a temporary puppy fence while working from home would be eligible for workers compensation. It was found that while the woman had created the risk in her home that did not exclude her injuries from being work related. My questions to the minister are:

1. Have any public sector employees received workers compensation due to injuries sustained while working from home, and if so, how many cases have been reported?

2. Has the minister been briefed about the implications the tribunal's decision will have on public sector agencies that have formal work-from-home agreements?

3. What measures has the minister put in place to ensure that agencies have the ability to adequately assess their remote work policies to consider the specific risks in employees' homes?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (14:45): I thank the honourable member for her question about making sure we all have the ability to go about our work in a safe workplace. In relation to the specific matter the honourable member raised, I am happy to seek some further advice about that particular matter. Of course, many issues that come up within the SAET at original jurisdiction are appealed to the Full Bench of the SAET and are often then appealed to the Supreme Court of South Australia. I regularly receive reports on significant issues but particularly once they make their way through the system at levels where decisions become binding on future decisions.

In relation to a safe work environment, every employer or every person who is a PCBU—a person conducting a business or undertaking—has a responsibility to provide a safe workplace.