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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2010-09-30 Daily Xml
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WORKCOVER CORPORATION

The Hon. J.A. DARLEY (15:11): I seek leave to make a brief explanation before asking the Minister for Industrial Relations questions regarding WorkCover.

Leave granted.

The Hon. J.A. DARLEY: In 2008 the government introduced major amendments to the Workers Rehabilitation and Compensation Act in an attempt to improve the scheme for both injured workers and employers. During this marathon debate, approximately 200 amendments were filed by the Independents and minor parties, of which only one was passed. The sole amendment that was agreed to was for a review of the act to be undertaken pursuant to schedule 2.

Schedule 2 outlines the terms that must be considered as part of the review and includes the impact of the act on injured workers, on levies paid by employers and on the sufficiency of the compensation fund in terms of meeting WorkCover's liabilities. It also provides the minister with the ability to consider any other matters. I am sure that I am not the only member who has received correspondence from injured workers and stakeholders with complaints about the scheme, and I look forward to receiving the report resulting from this review. My questions are:

1. In addition to the specific terms outlined in schedule 2, does the minister intend to consider other aspects of the scheme; and, if so, what are they?

2. In particular, will the review examine EML's performance and/or effectiveness in implementing the legislative changes?

3. Will the review incorporate an assessment of the medical panel and its utilisation by EML?

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Industrial Relations, Minister Assisting the Premier in Public Sector Management) (15:13): In the ministerial statement I made earlier today I did mention that the statutory review of this scheme is due to begin early next year. Under the honourable member's amendment, I think it is due to start after 31 December, or as soon as possible after 31 December. I have been giving some consideration to that matter but, as to exactly what the terms of reference are, it would be premature for me to say at this stage.

The latter part of the honourable member's question referred to the medical panel. Clearly, as there were changes made in the legislation that came before this parliament back in 2008, one would expect that they would be covered by those terms of reference as they were set out in the honourable member's amendment when he moved it. I will have a look at that, but I would have thought that clearly that was part of it.

Similarly, in relation to EML's performance, obviously, as the claims manager, if there are issues that relate to the impact of those changes that were made back in 2008, then one would expect that any contribution that EML as the claims manager had made to that would be considered. I did indicate in the statement I made earlier today that the WorkCover board had decided to extend that contract for 18 months, and I also indicated in that statement that the WorkCover scheme is going through a significant period of change.

While those changes were made to the act back in 2008, obviously the impact of many of those changes is still only just being felt; for example, there have been a number of cases I am aware of before the Workers Compensation Tribunal. The medical panels are certainly up and running. I know from meetings with them that there have been a significant number of cases just in recent months. The point is that many of those changes are only just starting to have affect. Obviously, as the claims manager, EML's performance needs to be considered in relation to the significant number of changes that have been made to the scheme and where we are in relation to implementing them.

So, it is still a period of significant change. That statutory review will take place, and I will certainly be making a statement closer to the time in relation to that review. I will be giving it some attention fairly soon because, obviously, we will need to ensure that that review is in place, as required by statute, by the end of this year or early next year. I am happy to give further information at that time in relation to those matters.

I think I have made this statement to the house on previous occasions; I certainly have at other public functions. Obviously, given the scope of changes that were made and given the fact that the impacts of some of these changes have been awaiting decisions by the Workers Compensation Tribunal—even in relation to the operation of the medical panels, some of those aspects have been challenged—how much information we will have by the end of this year in relation to all of those aspects remains to be seen. But, certainly, one would expect that that review will be able to make sufficient assessment of many of those changes that were made.

It is important that we do that. I can assure the honourable member that I accept the importance of that review and that it should provide this parliament and the government with appropriate information in relation to the impact of those changes. As I have said, when I am in a position to do so, I can assure the honourable member that I will make a statement in relation to those matters.

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