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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-10-13 Daily Xml
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WORKCOVER CORPORATION

In reply to Dr McFETRIDGE (Morphett) (2 June 2009).

The Hon. P. CAICA (Colton—Minister for Agriculture, Food and Fisheries, Minister for Industrial Relations, Minister for Forests, Minister for Regional Development): I have been advised that:

The Workers Rehabilitation and Compensation Act 1986 stipulates that if a worker is injured then:

35(2) Weekly payments are not payable under this Division in respect of a period of incapacity for work falling after the date on which the worker reaches retirement age.

(3) However, if a worker who is within 2 years of retirement age or above retirement age becomes incapacitated for work while still in employment, weekly payments are payable for a period of incapacity falling within 2 years after the commencement of the incapacity.

(8)(d) 'retirement age' means—

(i) if there is a normal retirement age for workers in employment of the kind from which the worker's disability arose—that age of retirement; or

(ii) the age of 65 years,

whichever is the lesser;

Therefore, the Federal changes to the retirement age may change what is the 'normal retirement age' referred to in section 8(d) of the Act. However, as this change will be an increase, and for WorkCover the relevant age is the lesser of the 'normal retirement age' and '65 years', retirement age for the purposes of the Act will be 65 years old.

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