NSW makes changes to motor accidents and workers’ compensation laws

Now, volunteers will have access to provisional acceptance of liability and cover for funeral related costs, as well as costs associated with returning to work and training.

Minister for customer service and digital government Victor Dominello said the 2019-2020 bushfire season exposed the discrepancy in worker compensation entitlements between volunteer and paid firefighters.

“Today’s changes make sure that volunteers and their families receive the same access to provisional liability, compensation for funeral costs, and some other return to work and training costs, as their paid counterparts,” said Dominello.

The new laws also ensure that the children of people killed in workplace accidents receive additional compensation to cover costs associated with having the NSW Trustee and Guardian manage their lump sum before they turn 18.

Moreover, it changes the compulsory third-party (CTP) scheme to allow a fairer assessment and calculation of benefits for people injured in motor vehicle accidents.

According to SIRA, those who receive a higher income in the 12 months before a motor vehicle accident can now have this higher salary reflected in the calculation of their statutory benefits. The calculation will also consider the person’s actual earnings post-accident.

The amendment also adjusts the access of benefits for injured people living overseas, said SIRA. Ambiguities around no-fault accident provisions and accidents involving an interstate at-fault driver have also been removed.

This means that the point-to-point industry will be paying more accurate CTP premiums. Taxis and other vehicles for hire will be required to provide information to SIRA or a CTP insurer regarding their bookings, ensuring the fair assessment of premiums.

“SIRA’s Point-to-Point Guidelines support these reforms and targeted consultation will continue with key stakeholders ahead of implementation,” the statement from SIRA said.

The bill also grants SIRA with additional powers to regulate health service providers in the workers’ compensation and CTP schemes, ensuring that action is taken against providers who repeatedly engage in practices that impede outcomes.

The changes included in the bill were developed in consultation with key stakeholders, said SIRA. These include insurers, medical and legal bodies, volunteer organisations, dispute resolution decision-makers, and industry and government agencies.