Workers compensation legislation in Australia aims to provide monetary and other compensation workers injured at work or suffering an illness arising from work. Employers must comply with the state, territory or Commonwealth legislation which applies to them.

 

Each state/territory and the Commonwealth have separate workers compensation legislation. The principal legislation is supported by regulations.

 

WorkplaceInfo has a sister site, WorkplaceOHS, which focuses on and analyses OHS and workers compensation in Australia.

 

 

Workers compensation is a statutory, no-fault system of compensation for work-related injuries. It is compulsory for the employer to take out workers compensation insurance.

 

'Injury' means any physical or mental injury and includes any disease contracted in the course of employment. It also includes the recurrence or aggravation of any existing injury or disease and injuries while travelling to and from work.

 

The definition of 'worker' is very broad. It covers not only full-time workers on a wage or salary but also those who are part-time, casual or seasonal; workers on commission; piece workers, and working directors.

 

In many situations, contractors and sub-contractors also may be defined as 'workers', depending on the circumstances of their working arrangement.

 

 

The employer's legal obligations are set out in the Acts which apply in each State or Territory. Broadly, an employer's obligations are to provide a safe and healthy workplace for employees so they are not at risk of any accident or injury because of work practices. Should an employee suffer from a work-related injury or disease, the necessary support and assistance should be available.

 

 

The relevant Workers Compensation Act for each State and Territory is listed below.

 

Employers should ensure they are familiar with all the legal requirements contained in the relevant Act.

 

 

The legislative basis for the Commonwealth Government's compensation scheme is the Safety, Rehabilitation and Compensation Act 1988 (the SRC Act).

 

Comcare is the relevant government agency charged with administering this legislation. The full text of the legislation is at:

Private industry shipping registered in Australia or in relation to which there is a clear business link (eg owner is a business operating in Australia and seafarers are mostly Australian residents are regulated by the

ACT The legislative basis for the Australian Capital Territory Government's compensation scheme is the Workers Compensation Act 1951.

 

WorkSafe ACT is the relevant government agency responsible for administering this legislation. WorkCover provides both the inspectorate and an advisory service. The full text of the legislation is at:

This legislation applies to private industry employees and ACT government agency employees working in the Australian Capital Territory.

 

 

Two main Acts together form the basis of the workers compensation and injury management system in NSW: 

WorkCover NSW is the agency which administers these Acts and Regulations.

 

 

The main legislative basis for the Northern Territory workers compensation scheme is provided by: 

NT WorkSafe is the statutory authority charged with administering the workers compensation and rehabilitation scheme for the Northern Territory.

 

 

The legislative basis for the Queensland Government's workers compensation scheme is provided by:

 

WorkCover Queensland exclusively manages the workers compensation fund, except for self-insurers. Self-insurers are generally large corporations with the means and the organisational structure to manage their own risk and claims.

 

Q-COMP (the Workers Compensation Regulatory Authority of Queensland) is the regulator of the Queensland workers compensation scheme, and is a separate and autonomous statutory authority. Monitoring and assessment of Q-COMP and WorkCover Queensland is performed by the Qld Department of Industrial Relations, Workplace Health and Safety Division.

 

 

The legislative basis for the South Australian workers compensation scheme is provided by: 

WorkCover SA is the statutory authority charged with administering the workers compensation and rehabilitation scheme for South Australia.

 

 

The legislative basis for the Tasmanian workers compensation scheme is provided by:

WorkCover Tasmania is the statutory authority charged with administering the workers compensation and rehabilitation scheme for Tasmania. WorkCover also controls and administers the Workers Compensation Fund.

 

 

The legislative basis for the Victorian Government's compensation scheme is provided by the following Acts and Regulations:

WorkSafe Victoria is the relevant government agency responsible for administering this legislation. WorkSafe provides both the inspectorate and an advisory service.

 

 

The main legislative basis for the Western Australian workers compensation scheme is provided by:

WorkCover WA is the statutory authority charged with administering the workers compensation and rehabilitation scheme for Western Australia. WorkCover also monitors compliance with the scheme and the performance of service providers in the scheme.

 

Although each Act is different, the basic obligations of an employer regarding workers compensation are the same. Employers are legally required to take out insurance with an approved insurer covering the employer's full liability for workers compensation as well as damages.