Close

NANA secures support from Upper House independents and cross benches to support positive changes to Workers Compensation

11/17/2021

NANA secures support from Upper House independents and cross benches to support positive changes to Workers Compensation

We reported last week that under changes made to the Workers Compensation Act 1987 that covers NSW, an employee who contracts COVID-19 in certain proscribed industries is assumed to have become infected in the workplace and the onus of proving otherwise falls on the employer and their workers compensation insurer. Retail is one of the sectors where the presumption of workplace infection applies, hence, the presumption applies to employees in Newsagencies in NSW.  

Whilst the changes made to the Workers Compensation Act earlier in the pandemic may have been appropriate for the time, NANA believes that the presumptive application to the retail sector, including Newsagencies, should be removed.
NANA has and continues to work with the NSW Government and Small Business Minister Damien Tudehope to support a change to the legislation which restores the previously existing situation where the presumption of workplace infection is removed. Removing the presumption will not remove the right of an employee who has contracted COVID-19 to make a workers compensation claim. This right is retained, however the employee will be required to demonstrate they acquired a COVID-19 infection in the workplace in order to successfully claim workers compensation.
NANA has obtained confirmation for support for the changes from several Upper House parliamentarians including Mark Latham (One Nation).
Without the changes which NANA supports, it is likely that workers compensation insurance premiums will rise.
The draft amending legislation has been announced by the NSW Government. NANA will continue to monitor the progress of the legislation through Parliament and will keep Members advised on progress.