Terms of Reference
REVIEW OF THE ACCIDENT COMPENSATION ACT 1985 AND ASSOCIATED LEGISLATION
The Accident Compensation Act 1985 has been in operation for over twenty years and underpins a workers’ compensation scheme that ensures injured Victorian workers have access to some of the most generous support available anywhere in Australia.
This review reflects the Victorian Government’s commitment to ensuring injured workers continue to receive fair support, and it recognises that while the underlying principles of the accident compensation laws remain sound, incremental changes have made them unnecessarily complex.
The Government recognises that this review, while focussed on streamlining administrative processes and making them easier to understand, reducing red tape and resolving anomalies in the Act, will also provide some scope to examine the benefits available to injured workers having regard to the need to protect the long-term financial viability of the scheme.
Terms of Reference
1. I, Tim Holding, Minister for Finance, WorkCover and the Transport Accident Commission, in the State of Victoria, having regard to the Victorian Government’s commitment to:
- maintaining a stable and competitive workers’ compensation scheme that recognises and delivers positive outcomes for both workers and employers;
- ensuring injured workers receive the assistance and support they need;
- improving return-to-work outcomes for injured workers; and
- the efficient delivery of existing benefits;
refer to Peter Hanks QC matters relating to the operation of the Accident Compensation Act 1985, and associated legislation. Specifically, the review should focus on, and provide advice and recommendations provided in relation to:
a. the need to provide fair and effective benefit and premium regimes, having regard to workers’ compensation schemes in other jurisdictions and the need to secure long-term positive outcomes for injured workers;
b. the fundamental need to protect the operational and financial viability of the scheme;
c. identifying and resolving anomalies in the Act and in the operation of the scheme;
d. improving employer and employee understanding of the Act;
e. reducing the regulatory and administrative burden on employers, including through improved alignment, where appropriate, with related administrative arrangements both within the State of Victoria and with other jurisdictions; and
f. improving the usability of the legislation through the removal of inoperative, irrelevant or superfluous provisions.
2. Mr Hanks QC will identify and consult with the appropriate agencies and relevant stakeholders, including unions, employer, legal, health and industry representatives, to ensure broad public and community engagement in the process.
3. The report is to be finalised in 2008.
