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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-04-04 Daily Xml
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WORKERS REHABILITATION AND COMPENSATION (RETIREMENT AGE) AMENDMENT BILL

Introduction and First Reading

The Hon. T.A. FRANKS (21:00): Obtained leave and introduced a bill for an act to amend the Workers Rehabilitation and Compensation Act 1986. Read a first time.

Second Reading

The Hon. T.A. FRANKS (21:00): I move:

That this bill be now read a second time.

This bill amends the Workers Rehabilitation and Compensation Act 1986. The Greens' Workers Rehabilitation and Compensation (Retirement Age) Amendment Bill 2012 simply seeks to increase the maximum age of eligibility for WorkCover so that it in fact reflects the incoming federal pension age increases. As it currently stands, workers who continue to work up to the new pension age of 67 will not be covered for workers compensation beyond the age of 65. Fixing this anomaly is the first step in the Greens' ongoing plans to overhaul WorkCover, ensuring both better and fairer outcomes for injured workers.

I would like to acknowledge the work of the Hon. Susan Ryan, former age discrimination commissioner of the Australian Human Rights Commission and, of course, former minister in the Hawke government. Ms Ryan has highlighted the need for senior workers, 65 and over, to be included in the workers compensation scheme. I know that members across from me would be well aware and proud of the work of the Hon. Susan Ryan.

As members of this place are aware, workers compensation is part of our modern and advanced working society. Financial support to cover medical costs and access to tailored and injury-specific rehabilitation and training needs to be warranted for every injured worker. Workers compensation must also be extended to include senior South Australian workers, those who are specifically 65 years of age and beyond.

There are currently 11 workers compensation systems across Australia. Every state and territory has developed and administered its own workers compensation schemes. Apart from Western Australia and Queensland, the state and territory workers compensation schemes include an age limit, which means that if a worker (in this case, 65 years of age and above) is injured, they do not receive workers compensation.

I would like to make the point that, although the WA and Queensland workers compensation schemes do not discriminate on the basis of age, both those states have limits on their weekly payments. Generally, in South Australia the situation is somewhat different. Weekly payments are limited for workers at 65 years of age. SafeWork Australia states that currently in SA, Workers Compensation arrangements mean that the workers compensation can be received at the age of 65, unless the worker is within two years of retirement age, or above retirement age, in which case weekly payments are payable for a period of incapacity falling within two years after the commencement of the incapacity.

The Greens would also like to build on this existing arrangement. This Greens' bill is designed to provide progressive reform to take into account the ageing workforce and foreshadowed increases to pension age, which, of course, will continue to increase as the federal changes kick in. It is important that we have these provisions to support our senior injured workers. The Greens' bill will have an impact on a very small number of the South Australian workforce and on a very small number of injured senior workers, but, of course, it is vital that they have that protection afforded to them.

The Australian Bureau of Statistics' work-related injuries statistics indicate that people of 65 years and above have, in fact, the lowest rate of work-related injury. This report also suggests that the highest rate of work-related injuries occur in the age group between 45 and 50. Consequently, there will not be substantial costs as a result of this bill, should it be passed; in fact, the cost would be phased in over time. When the age limitation was removed from the WA workers compensation legislation, the minister for finance there welcomed the changes, stating, 'The changes will have a positive economic and social impact for WA.'

This bill reflects the Greens' ongoing commitment to reforming WorkCover. While the Greens recognise that the current WorkCover system is deeply flawed and needs a comprehensive overhaul, this is just one very small, very practical, but very significant change that could be made quite urgently to safeguard older South Australian workers.

It is foreseen that the WorkCover system needs to be updated to increase the maximum age of eligibility to reflect the increases scheduled to occur in the pension age over this next coming decade. I hope that this bill will be welcomed by members of the government and, indeed, all sides of parliament. With that I commend this bill to the council.

Debate adjourned on motion of Hon. J.M. Gazzola.

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