Page 3441 - Week 12 - Tuesday, 11 October 1994

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These proposals insert a requirement that employers' occupational rehabilitation policies which are required under the Bill must be in accordance with the protocol approved by the Minister. New sections are inserted providing for the approval of the protocol, which is new section 15E; making it a disallowable instrument, under new section 15F; and requiring it to be published and available for inspection, under new section 15G. This protocol and the changes to it will be subject to Assembly scrutiny. In approving the protocol, obviously, as Minister, I will undertake my obligations - and ensure that they are implemented - to consult with the employers, their insurers, employees and unions in the ACT.

MS SZUTY (8.57): I think it is commendable, on the part of all the players who have been working hard at improving the Workers' Compensation (Amendment) Bill, that we in the Assembly today are considering these amendments which establish the rehabilitation protocol as part of the Workers' Compensation (Amendment) Bill. As I said in my remarks during the in-principle debate on the Bill, it is a credit to the players involved in the process. I am very pleased that the Assembly is able to consider these amendments during the debate today.

Amendments agreed to.

Clause, as amended, agreed to.

Clause 6

MR LAMONT (Minister for Urban Services, Minister for Housing and Community Services, Minister for Industrial Relations and Minister for Sport) (8.58): Madam Speaker, I would indicate that Mr De Domenico and I have tabled identical amendments to this clause. First of all, I thank Mr De Domenico for his amendments. I indicate that, after discussions with him and between officers of my department and the relative bodies, we have arrived at the same position. Therefore, I acknowledge the amendments proposed by Mr De Domenico. I present the explanatory memorandum to the amendments and move:

Page 4, line 11, proposed section 26A, after "employer", insert "(not being an exempt employer)".

These changes basically make provision for self-insurers who do not have an employer's insurer. I again wish publicly to acknowledge the fact that the issue was originally raised by Mr De Domenico and the Opposition in an attempt to seek clarification of this provision. The Insurance Council and Mr De Domenico are correct. The Bill was deficient in regard to these provisions. I am happy that I have received the same advice through the same areas. That is why I have moved the amendment today. I think it is sufficient to say that the position of self-insurers was fundamentally overlooked when the Bill was prepared.

Amendment agreed to.


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