Workers Compensation Legislation Amendment Act 2018 Stakeholder - - PowerPoint PPT Presentation

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Workers Compensation Legislation Amendment Act 2018 Stakeholder - - PowerPoint PPT Presentation

Workers Compensation Legislation Amendment Act 2018 Stakeholder Forum November 2018 Agenda Welcome and Session Objectives SIRA 10:00 10:10 The Case for Change SIRA 10:10 10:15 Act Overview Dispute Resolution SIRA


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SLIDE 1

Workers Compensation Legislation Amendment Act 2018

Stakeholder Forum

November 2018

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SLIDE 2

Agenda

  • Welcome and Session Objectives

SIRA 10:00 – 10:10

  • The Case for Change

SIRA 10:10 – 10:15

  • Act Overview – Dispute Resolution

SIRA 10:15 – 10:40

  • Act Overview – PIAWE

SIRA 10:40 – 11:10

  • Act Overview – Other Amendments

SIRA 11:10 – 11:30

  • Break

11:30 – 11:40 40

  • Implementation Overview – Dispute Resolution

SIRA 11:40 – 11:50

  • Implementation Overview – Enquiries and Complaints

SIRA 11:50 – 12:00

  • Implementation Overview – PIAWE

SIRA 12:00 – 12:10

  • WIRO Update

WIRO 12:10 – 12:40

  • Workers Compensation Commission Update

WCC (SIRA) 12:40 – 12:50

  • Next Steps and Close

SIRA 12:50 – 1:00

Please note this session is being recorded

2

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SLIDE 3

Session Objectives

  • Provide information on the objectives and application of the Workers Compensation

Legislation Amendment Act 2018

  • Provide on overview of the implementation and commencement of the provisions of

the Act

  • Provide an opportunity to hear from the Workers Compensation Commission and the

Workers Compensation Independent Review Officer regarding changes arising from the Act

3

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SLIDE 4

The Case for Change

La Law and nd Ju Justice ce

  • The Legislative Council Law and Justice Committee in its 2016 ‘first review of the

workers compensation scheme’ made a number of recommendations regarding dispute resolution to the NSW Government. The report was released in March 2017

  • The NSW Government in its response to the report in October 2017 indicated that it

supported or supported in principle the recommendations

Dispu pute resolut ution revi view

  • Central Policy Office commenced an independent review of the workers

compensation dispute resolution system in November 2017

  • A discussion paper was issued with responses received and consultation closing in

February 2018

  • On 4 May 2018 Minister Victor Dominello announced that as result of that review

legislation would be introduced to Parliament to address the recommendations of the Law and Justice Committee

4

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SLIDE 5

The Case for Change

  • The calculation of a worker’s PIAWE is fundamental to ensuring that workers receive

accurate payments

  • Consistent feedback from stakeholders was that the current methodology was

unnecessarily complex

  • SIRA has undertaken extensive consultation in relation to the current arrangements for

PIAWE

  • SIRA engaged independent expert Professor Tania Sourdin who provided a report to

SIRA following additional stakeholder consultation

  • Professor Sourdin’s report recommended legislative amendment to achieve a single,

simplified definition of PIAWE – how this would be applied in practice was not addressed

  • Government response was to amend the Workers Compensation Act 1987 to simplify

the determination of PIAWE

5

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SLIDE 6

The Case for Change

Mini nisterial ann nnoun unce cement nt – 4 May 201 018

  • Minister Dominello announced that as result of that review, legislation would be

introduced to Parliament to address the recommendations of the Law and Justice Committee

  • Minister Dominello said we will:
  • improve support services, simply claims processes and remove duplication
  • deliver a one-stop shop for resolving disputes, enabling faster resolution

The reforms also include:

  • all injured worker enquiries and complaints, not resolved by the insurer in the first

instance, will be directed to the Workers Compensation Independent Review Office (WIRO)

  • all employer and other system participants enquires and complaints will be referred

to the State Insurance Regulatory Authority (SIRA), and

  • the Workers Compensation Commission (WCC) will undertake all dispute

resolution, removing these functions from SIRA and WIRO

6

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SLIDE 7

The Case for Change

The following key outcomes were considered in developing the proposed amendments including Dispute Resolution and PIAWE:

  • Simp

mple – the process should be logical, easy to apply to a range of working

arrangements with fewer complexities than currently exist

  • Tr

Transpa parent – the process should be clearly articulated in a way in which insurers,

employers and workers can understand and explain

  • Fair and

nd equ quitable – the process should provide consistent outcomes for injured

workers (where practicable)

7

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SLIDE 8

Act Overview – Dispute Resolution

Schedule 1 – Amendme ments ts Relati ating to Dispute te Resoluti tion

Wo Work k ca capa paci city revi views

  • Repeals Part 3, Division2, Subdivision 3A, Reviews of Work Capacity Decisions

Ju Jurisdi dict ction n of the he Wo Worke kers Compe mpens nsation n Commi mmission (WC WCC)

  • Amends section 43 (1)
  • Repeals section 43(3)
  • Deletes the note under section 105
  • Ensures that for Work Capacity Decisions there is no limitation on the powers of the

WCC to award weekly payments when reviewing a work capacity decision

Funct ctions of SIRA & & WIRO

  • Repeals all functions related to Work Capacity Decision disputes

8

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SLIDE 9

Act Overview – Dispute Resolution

Sche chedu dule 1 – Ame Amend ndment nts Relating g to Dispu pute Resolut ution Singl gle Deci cision Notice ce

  • Repeals section 54 and section 74
  • Introduces a Division 3 (sections 76 – 85)

Internal revi views

  • Internal review is now optional
  • Requirements have been aligned with the existing optional review requirements
  • Regulations can prescribe how internal reviews are to be conducted
  • Regulations can prescribe how notice may be given of an internal review
  • Regulations may require an insurer to conduct a review if a dispute is lodged in the

Commission

9

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SLIDE 10

Act Overview – Dispute Resolution

10

Insurer fails to determine claim

  • r makes a

decision on a compensation claim that a claimant disagrees with Section 54 Section 74 Work capacity decision Liability, medical & permanent impairment disputes Internal review by Insurer Merit review by SIRA Procedural review by WIRO Workers Compensation Commission Appeal to NSW Court of Appeal (point of law only)

  • r Supreme Court

(judicial review) depending on type

  • f dispute

Current pathways for resolving a dispute

Insurer fails to determine claim

  • r makes a

decision on a compensation claim that a claimant disagrees with Single Decision Notice Work capacity decision Liability, medical & permanent impairment disputes Optional Internal review by Insurer (mandatory if requested by claimant) Workers Compensation Commission Appeal to NSW Court of Appeal (point of law only)

  • r Supreme Court

(judicial review) depending on type

  • f dispute

New pathway for resolving a dispute

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SLIDE 11

Act Overview – Dispute Resolution

Sche chedu dule 1 – Ame Amend ndment nts Relating g to Dispu pute Resolut ution Work k ca capa paci city stay

  • Stay does not apply to internal reviews
  • Stay will only apply if application for dispute has been lodged in the Commission

before the period of notice expires

Wo Work k ca capa paci city lega gal co costs

  • Repeals section 44BF
  • Legal costs will be prescribed in schedule 6 as per other legal activities in the

Commission

  • Will allow legal costs to be paid for both Claimant and Insurer
  • Claimant legal costs will be paid through ILARS as administered by WIRO

11

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SLIDE 12

Act Overview – Dispute Resolution

Sche chedu dule 1 – Ame Amend ndment nts Relating g to Dispu pute Resolut ution Comme mmence ceme ment and d transition

  • To be commenced on a date to be proclaimed – proposed for 1 January 2019
  • All work capacity decisions from Commencement will use the new dispute pathway
  • All work capacity decisions prior to Commencement will continue to use the existing

dispute pathway

  • Any work capacity disputes resolved under the exiting review process cannot be

brought to the Workers Compensation Commission

  • After a 6 month “Transitional Review Period’ all work capacity disputes will use the

new dispute pathway

12

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SLIDE 13

Act Overview – Dispute Resolution

Sch chedu dule 2 – Ame mendm dments relating to me medi dica cal assessments for pe perma manent imp mpairme ment Referral to an App pprove ved Medi dica cal Spe peci cialist (AMS)

  • Repeal section 65(3)
  • Introduce regulation making power regarding referrals to an AMS

One ne assessment nt

  • Clarifies for the purpose of section 322A that a determination by an Arbitrator is a

‘one assessment’

App ppeals

  • Clarifies that appeals of a determination are to be heard as per the normal Arbitrator

appeal process

Comme mmence ceme ment and nd trans nsition

  • Upon commencement the Commission will be able to determine any referrals to an

AMS

  • It is expected that matters already in progress will continue as normal

13

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SLIDE 14

Sch chedule 3 – Ame mendm dments relating g to pr pre-injury ave verage ge weekl kly earnings gs Simp mplifi fied me methodology y The amendments are designed to provide a simplified PIAWE methodology:

  • To support a more simple and efficient process to determine PIAWE for a range of

working arrangements

  • The PIAWE calculation is easier to understand and explain for all stakeholders, and is

reflective of the worker’s actual pre-injury earnings

  • The provisions apply fairly to workers

Struct cture

  • The legislation outlines rights and entitlements, supported by Regulation and

Guidelines

  • Definitions are now in schedule 3 to the Act
  • Provision to amend the schedule by Regulation to provide flexibility and keep pace

with the changes in the way workers earnings are determined (if required)

14

Act Overview - PIAWE

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SLIDE 15

Act Overview - PIAWE

Sche chedu dule 3 – Ame Amend ndment nts relating ng to pr pre-inj njury ave verage ge weekl kly earni nings gs Meaning g of pr pre-injury ave verage ge weekl kly earnings gs

  • PIAWE in relation to an injured worker means the weekly average of the gross pre-

injury earnings received by the worker for work in any employment in which the worker was engaged at the time of injury

  • Minimum PIAWE remains the same, and different minimum amounts may be

prescribed by Regulation

15

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SLIDE 16

Act Overview - PIAWE

Sch chedu dule 3 – Ame mendm dments relating g to pr pre-injury ave verage ge weekl kly earnings gs Meaning g of pr pre-injury ave verage ge weekl kly earnings gs – releva vant earning pe period d

  • The relevant earning period is the 52 weeks immediately before the date of

injury

  • The Regulation may provide for the adjustment of the relevant earning period,

for example:

  • to exclude periods of unpaid leave
  • align with employers pay cycle, this may assist in excluding periods of

unpaid leave within the relevant earning period

  • accommodate changes in earnings circumstances, which may include

promotions, demotions, change in hours, change in role, or payment of bonuses

16

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SLIDE 17

Act Overview - PIAWE

Sch chedu dule 3 – Ame mendm dments relating g to pr pre-injury ave verage ge weekl kly earnings gs Ag Agreement nts relating g to PI PIAW AWE

  • Allow an agreement to be entered into between employer and injured worker
  • An agreement is not a work capacity decision
  • An agreement is given effect to by the insurer
  • Requirements about the agreement to be outlined in Regulation, which may include:
  • ensuring there are checks and balances in place for workers
  • process requirements
  • what an insurer may consider
  • when a work capacity decision may be required
  • whether an agreement can be varied or amended
  • what PIAWE components may be agreed

17

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SLIDE 18

Act Overview - PIAWE

Sch chedu dule 3 – Ame mendm dments relating g to pr pre-injury ave verage ge weekl kly earnings gs Ind ndexation

Simpler approach:

  • The need to compare indexed amount with current ordinary earnings but for the

injury is no longer required - repeal of s82A(3) of the 1987 Act

  • Indexed amount is still subject to rounding

18

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SLIDE 19

Act Overview - PIAWE

Sche chedu dule 3 – Ame Amend ndment nts relating ng to pr pre-inj njury ave verage ge weekl kly earni nings gs PI PIAWE for short term m worke kers

  • If employed for less than 4 weeks, PIAWE may be calculated having regard to the

weekly average of the earnings that the worker could reasonably have been expected to have earned during the period of 52 weeks after

  • The Regulation may make provision for matters to be taken into account for the

purposes of determining earnings, for example:

  • when is it preferable to use the period before the date of injury, and when might

the prospective earnings be used?

  • matters to consider when determining prospective earnings

19

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SLIDE 20

Act Overview - PIAWE

Sch chedu dule 3 – Ame mendm dments relating g to pr pre-injury ave verage ge weekl kly earnings gs PI PIAW AWE for app pprent ntice ces, traine nees and nd youn ung g pe peopl ple

  • PIAWE can be adjusted for apprentices, trainees and workers under 21 years
  • The Regulation may allow for an amount where there is no rate applicable for

workers when they reach 21 years of age

  • The Guidelines may specify how to determine the rate had the injury not occurred

and he / she continued in the employment concerned

  • This provision will operate as it currently operates (under Schedule 3, item 1, column

3 of the Workers Compensation Act 1987)

  • Except the maximum weekly compensation amount will not be used for workers
  • ver 21 years where there is no rate applicable

20

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SLIDE 21

Act Overview - PIAWE

Sche chedu dule 3 – Ame Amend ndment nts relating ng to pr pre-inj njury ave verage ge weekl kly earni nings gs Earnings gs

  • The earnings are income received for work performed for any employment during

the week, for example base rate of pay, allowances, piece rates, commissions, shift penalties and overtime loadings

  • Exclusions include:
  • compulsory superannuation
  • non-monetary benefits where the worker is still in receipt of the benefit; and
  • any payment for loss of earnings under a scheme (e.g. compensation payments).
  • Non-monetary benefits are to be included as earnings when the worker loses the

benefit

  • The Guidelines will provide for the matters to be taken into account whether a

benefit has been provided and whether the worker is entitled to it

21

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SLIDE 22

Act Overview - PIAWE

Sche chedu dule 3 – Ame Amend ndment nts relating ng to pr pre-inj njury ave verage ge weekl kly earni nings gs Monetary va value of non-mo monetary be benefi fits

  • Where fringe benefits tax (FBT) applies to the item, that FBT formula is used
  • The Guidelines will outline how to calculate the amount that would be ‘reasonably

payable’ where FBT does not apply

Meaning of ‘current weekly earnings’

  • Greater of the actual gross earnings, or what they are able to earn in suitable

employment

  • definition updated to reflect the new definition of PIAWE rather than ordinary

earnings plus shift and overtime

  • the definition has changed to reflect the removal of the definition of “E” in the

weekly payment formulae

22

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SLIDE 23

Act Overview - PIAWE

Sche chedu dule 3 – Ame Amend ndment nts relating ng to pr pre-inj njury ave verage ge weekl kly earni nings gs Current and d no cu current work k ca capa paci city

  • Definitions updated

Sect ctions 36-38 - weekl kly payme ment nts

  • Change to formulae, simplified language
  • No change to the entitlement period weeks or percentages
  • No change to definition a week for the purposes of entitlement periods
  • Overtime and shift allowances continue to be included after 52 weeks

23

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SLIDE 24

Act Overview - PIAWE

Sche chedu dule 3 – Ame Amend ndment nts relating ng to pr pre-inj njury ave verage ge weekl kly earni nings gs In summa mmary, the Regu gulations ma may pr provi vide de for:

  • Adjustment of the relevant earning period (extending / reducing) by:
  • taking into account any period of unpaid leave or other change in earnings

circumstances in the employment

  • align with regular interval at which the worker is entitled to receive payment of

earnings

  • Requirements for PIAWE agreements
  • What is to be taken into account when determining PIAWE for short term workers
  • Determining PIAWE for trainees and young people >21 years
  • Procedures for work capacity decisions (including the adjustment of any amount of

weekly payment)

  • Prescribing the minimum PIAWE

24

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SLIDE 25

Act Overview - PIAWE

Sche chedu dule 3 – Ame Amend ndment nts relating ng to pr pre-inj njury ave verage ge weekl kly earni nings gs In summa mmary, the Guide delines ma may ma make ke pr provi vision for:

  • Earnings for apprentices, trainees and young people
  • Non-monetary benefits – whether a worker is entitled
  • Non-monetary benefits – amount reasonably payable
  • Development of the Regulations and Guidelines will be informed through consultation

with the PIAWE working group

25

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SLIDE 26

Act Overview - PIAWE

Sche chedu dule 3 – Ame Amend ndment nts relating ng to pr pre-inj njury ave verage ge weekl kly earni nings gs Comme mmence ceme ment and d transition

  • From assent (26 October 2018) all new injuries will not have shift and overtime

allowances removed after 52 weeks (based on date of injury)

  • Commencement will apply from a date to be proclaimed – proposed date to be

confirmed

  • The new PIAWE methodology will apply to new injuries from the date of

commencement (based on date of injury)

  • The existing PIAWE methodology will continue to apply to all injuries prior to

commencement

26

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SLIDE 27

Act Overview – Other amendments

Sch chedu dule 4 – Ame mendm dments relating g to information sharing Information sharing

  • Repeals section 243A
  • Introduces Part 7 of Chapter 2 Information collection and sharing
  • Section 40B clarifies what information SIRA can collect and share
  • Clarifies the sources that SIRA can obtain data and information from
  • Clarifies that SIRA and WIRO can exchange data regarding workers compensation

including complaints

Data requ quired d to be be sup uppl plied d by by ins nsur urers

  • Section 40C allows SIRA to require an insurer to disclose data
  • Includes policies of insurance, claims and other related workers compensation

matters

  • Also includes; setting of premiums, handling of claims, cost of providing health, legal

and other services or the detection of fraudulent claims

  • Not limited to the above

27

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SLIDE 28

Act Overview – Other amendments

Sche chedu dule 4 – Ame Amend ndment nts relating g to inf nformation sha haring ng Manda datory notifica cation

  • Section 40D introduces a regulation making power to require mandatory reporting
  • f breach of the Acts
  • Regulatory framework will define;
  • what breaches must be reported
  • who must report breaches
  • how and when any breach should be reported

Comme mmence ceme ment

  • All provisions except section 40D commenced on Friday 26 October 2018
  • Section 40D will commence on a date to be proclaimed – proposed 1 January 2019.

Regulatory framework to developed following commencement

28

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SLIDE 29

Act Overview – Other amendments

Sch chedule 5 – Ame Amend ndment nts relating ng to ind ndexation Indexa xation

  • Allow SIRA to approve and issue indexation adjustments, rather than the Minister, or

by regulation

  • No changes to the formula
  • No changes to timing of indexation

Comm mmencemen cement and transition

  • All provisions commence on 1 December 2018
  • First indexation impacted is 1 April 2019

29

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SLIDE 30

Act Overview – Other amendments

Sche chedu dule 6 6 – Ame Amend ndme ments relating ng to mo motor acci ccide dent nts sche cheme me Reco cove veries

  • Amend the recovery provisions under the acts to ensure that recoveries are limited

to entitlements payable under each scheme

Medi dica cal be benefi fits

  • Amend the provisions to ensure that a worker injured in a motor accident receives

the life time medical benefits that they are entitled to under the CTP scheme

Comme mmence ceme ment and nd trans nsition

  • All provisions commenced on Friday 26 October 2018
  • The provisions apply retrospectively from 1 December 2017

30

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SLIDE 31

Act Overview – Other amendments

Sch chedu dule 7 – Misce cellaneous Ame mendm dments SIRA A Board

  • Increase the number of ‘other SIRA Board members’ from up to 3 to up to 5

Clarify tha hat the he NS NSW W legi gislation is co cons nsistent nt with h the he Na Nationa nal Inj njur ury Ins nsur urance nce Sch cheme me (NIIS)

  • Amend commutation provisions to ensure injured workers considered with

‘catastrophic injuries’ have access to lifetime compensation for medical, hospital and rehabilitation.

  • Guidelines will define ‘catastrophic injuries’ aligned with NIIS minimum benchmarks

Workp kplace ce Rehabi bilitation

  • Allow workplaces to use electronic methods to display and provide information

regarding return to work programs

  • Regulations can prescribe the methods to display information

31

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SLIDE 32

Act Overview – Other amendments

Sch chedu dule 7 – Misce cellaneous Ame mendm dments Summa mmary of the Act ct

  • Allow workplaces to use electronic methods to display and provide information

regarding the summary of the Act (if you are injured at work poster)

  • Guidelines can make provision for the form of the information required to be made

available

Comme mmence ceme ment and d transition

  • The provisions regarding the SIRA Board commenced on Friday 26 October 2018
  • The NIIS provisions will commence upon proclamation – proposed 1 January 2019

and apply from 1 July 2018

  • The other provisions commence upon proclamation – proposed 1 January 2019 and

apply from that date

32

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SLIDE 33

TIME FOR A BREAK

11:30 – 11:40

33

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SLIDE 34

Implementation Overview – Dispute Resolution

Dispu pute resolution steering g co commi mmittee

  • Chair, Carmel Donnelly, Chief Executive SIRA
  • President Greg Keating, WCC
  • Registrar Rod Parson, WCC
  • Workers Compensation Independent Review Officer Kim Garling, WIRO
  • Co-ordination of implementation
  • Meets fortnightly
  • Will continue to meet throughout 2019 to monitor implementation

Pl Planned d co comme mmence cement

  • Dispute Resolution – proposed 1 January 2019
  • Enquiries and complaints – proposed 1 January 2019

34

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SLIDE 35

Implementation Overview – Dispute Resolution

Regu gulation n cha chang nges

  • Decision notice requirements
  • Notification of a review decision of an insurer
  • The procedure to be followed in conducting an internal review
  • Work capacity legal costs, Schedule 6
  • Display of return to work programs

Regu gulation co consultation

  • Opportunity will be provided to consult on the draft regulation
  • Limited timeframe for consultation

35

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SLIDE 36

Implementation Overview – Dispute Resolution

Gui uide deline ne cha chang nges

  • Streamlining and consolidating existing Guidelines
  • Moving general information into the CAM either as Standards or practice notes
  • Definition of catastrophic injury

Guide deline co consultation

  • Workshop session to held on 12 November 2018
  • Aligned to consultation on the Claims Administration Manual, workshop session to

be held on 5 November 2018

  • Limited timeframe for consultation

36

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SLIDE 37

Implementation Overview – Dispute Resolution

Othe her cha chang nges

  • Updates to websites
  • Updates to publications
  • Updates to letters and contact details

37

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SLIDE 38

Implementation Overview – Enquiries and Complaints

Pr Propo posed d ch change ges

  • Clarify support roles undertaken by SIRA and WIRO
  • Announced by Minister Dominello on 4 May 2018

Injured d worke kers

  • All enquiries and complaints from injured workers that are not resolved with their

insurer in the first instance will be directed to the WIRO

Emp mployers

  • All enquiries and complaints from employers and other system participants will be

referred to SIRA

38

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SLIDE 39

Implementation Overview – Enquiries and Complaints

Enqu quiries and d co comp mplaints – SIRA’s role

  • Manage enquiries and complaints from employers
  • Manage enquires and complaints from providers
  • Manage enquires and complaints from insurers
  • Calls should still be directed to 13 10 50

Information pr provi vision and d regu gulation – SIRA’s role

  • Provision of all general information and Guidelines for all Scheme participants
  • Regulation and oversight of insurers, employers, providers and injured workers
  • Provision of policy advice to Government

39

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SLIDE 40

Implementation Overview – Enquiries and Complaints

Enq nqui uiries and nd co compl mplaint nts – WIRO’s role

  • Manage enquires and complaints from injured workers or their representative

relating to their insurer

  • Calls should still be directed to 13 94 76

Inde depend pendent Le Lega gal Aid d and d Revi view Servi vice ce (ILA LARS)– WIRO’s role

  • Administer the Legal Aid function provided through ILARS

40

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SLIDE 41

Implementation Overview – Enquiries and Complaints

Dispu pute resolut ution steering g co commi mmittee

  • Co-ordinated by Steering Committee

Impl mplement ntation act ctivi vities

  • Joint WIRO and SIRA working group
  • Updating call trees (IVR = interactive voice response)
  • Updating SIRA and WIRO websites and publications to reflect changes
  • Sharing current data on injured worker enquiries and complaints currently received by SIRA
  • Sharing current data on employer enquiries and complaints currently received by WIRO
  • Updating internal work systems
  • Implementing communications strategy with stakeholders about the changes
  • Insurers should update their documentation to reflect the changes

Imp mplementation

  • Transfer of functions will occur on 1 January 2019
  • SIRA and WIRO will work jointly to resolve any transition issues

41

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SLIDE 42

Implementation Overview – PIAWE

Dispu pute resolut ution steering g co commi mmittee

  • Co-ordinated by Steering Committee

PI PIAW AWE worki king ng gr group up

  • Chair, SIRA
  • WCC
  • WIRO
  • Unions NSW
  • Insurers
  • Business groups
  • Legal groups

Pl Planned d co comme mmence cement

  • Commencement of the PIAWE provisions to be confirmed

42

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SLIDE 43

Implementation Overview – PIAWE

Regu gulation ch change ges

  • The relevant earning period
  • Defining a change in earnings circumstances
  • PIAWE agreement
  • Determining PIAWE for short term workers
  • Determining PIAWE for trainees and young people >21 years
  • Procedures for work capacity decisions

Regu gulation n co cons nsul ultation

  • Opportunity will be provided to consult on the draft regulation

43

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SLIDE 44

Implementation Overview – PIAWE

Guide deline ch change ges

  • Earnings for apprentices, trainees and young people
  • Non-monetary benefits – whether a worker is entitled
  • Non-monetary benefits – amount reasonably payable

Guide deline co consultation

  • Opportunity will be provided to consult on the draft regulation

44

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SLIDE 45

Implementation Overview – PIAWE

Other ch change ges

  • Updates to websites
  • Updates to publications
  • Insurer system changes
  • Training and Education

45

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SLIDE 46

46

Workers Compensation Independent Review Officer (WIRO) - update

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SLIDE 47

47

Workers Compensation Commission (WCC) - update

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SLIDE 48

Amendments relating to dispute resolution (Schedule 1)

  • Commencement by proclamation (01/01/19)
  • Work capacity disputes will be determined by Commission
  • Insurer review of work capacity decision will be optional
  • Stay of work capacity decision if dispute lodged in time

Workers Compensation Legislation Amendment Bill 2018

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SLIDE 49

Worke kers Comp mpen ensa sation ion Comm mmissio ission

  • Tria

iagin ing Work k Capacit acity y Disput utes es

WCD – TRIAGE

WCD + LIABILITY WCD ONLY REGISTRAR’S DELEGATE REPLY

(Optional)

TELE CONFERENCE DECISION

7 Days 14 Days

ARBITRATOR SERVICE REPLY CON/ARB

7 Days 14 Days 14 Days 7 Days

TELE CONFERENCE

21 Days

COD

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SLIDE 50

Where ca can I find d mo more information?

  • SIRA website
  • Workers Compensation Bulletin
  • WIRO Wires

Any questions regarding the Act email SIRA at: disputereforms@sira.nsw.gov.au

50

Thank You

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SLIDE 51

This presentation may contain information that relates to the regulation of workers compensation insurance, motor accident third party (CTP) insurance and home building compensation in NSW. It may include details of some of your obligations under the various schemes that the State Insurance Regulatory Authority (SIRA)

  • administers. However to ensure you comply with your legal obligations you must refer to the appropriate legislation as currently in force. Up to date legislation can be

found at the NSW Legislation website legislation.nsw.gov.au. This presentation does not represent a comprehensive statement of the law as it applies to particular problems or to individuals, or as a substitute for legal advice. You should seek independent legal advice if you need assistance on the application of the law to your situation. This material may be displayed, printed and reproduced without amendment for personal, in-house or non-commercial use.