Latest news with #psychologicalinjuries
ABC News
27-05-2025
- Politics
- ABC News
NSW government announces new workers' compensation measures, amid union criticism
The New South Wales government has announced a series of measures aimed at softening its major overhaul of workers' compensation, after a fierce backlash from unions and concerns raised by medical professionals and lawyers. But the planned legislation, which is being introduced to parliament on Tuesday, will still make it significantly harder for workers to claim long-term compensation for psychological injuries, including post-traumatic stress disorder. Under changes announced today, the government has dropped plans to force workers to go to the industrial relations commission to prove they have suffered a psychological injury before they can lodge a compensation claim. That measure will be replaced by an eight-week accelerated process for psychological injuries caused by bullying, harassment or excessive work demands. NSW Treasurer Daniel Mookhey said it would mean workers would be able to receive a partial payment while the claim was determined while still making the scheme more sustainable. "The introduction of a fast-tracked assessment process for bullying and harassment fundamentally resolves the problem that is plaguing the current system, which is that ….this category of claim is taking disproportionately longer than any others," Mr Mookhey said. The Industrial Relations Commission (IRC) will have the power to issue stop-bullying orders and enforce remedies ranging from a public apology to damages of up to $100,000. But the government is sticking with another of the most controversial elements of the bill. The planned legislation will require people to prove a 30 per cent whole-of-person impairment if they are seeking support more than two and a half years after a psychological injury. It's a dramatic increase of the current threshold which is 15 per cent, and one that was widely condemned by experts in a snap parliamentary inquiry that was held into the changes. Unions and psychiatrists have claimed the threshold is too high — with some saying it would prevent 99 per cent of people who are still psychologically able to function at work from receiving compensation. In a small concession to that opposition the government will now phase in the changes between now and July next year. Mr Mookhey defended the benchmark. "The reason why is because every state now that have comparable systems to NSW have already made that change and used that threshold," Mr Mookhey said. "I should also stress that NSW is the only jurisdiction in Australia that offers lifetime support above that 30 per cent." It's not yet clear whether the changes will be enough to gain enough support for the government to pass the bill, which has been broadly criticised by the Opposition and crossbenchers, through parliament. Mr Mookhey said the legislation was necessary to ensure people could access workers' compensation. ""Of course I expect that there will still be people opposed to these reforms and I respect their right to do so," he said. "The question now for parliament is are these reforms worse than the status quo and the status quo is failing and doing nothing is not an option."
The Guardian
16-05-2025
- Health
- The Guardian
NSW workers' compensation overhaul would make it ‘virtually impossible' to lodge successful claims, experts warn
A contentious overhaul to Australia's largest workers' compensation scheme would make it 'virtually impossible' for people to lodge successful claims and strip away the rights of employees, unions and experts have argued. An inquiry into the proposed changes, which Chris Minns' government claims are necessary to avoid unsustainable costs, began on Friday. The New South Wales workplace health and safety laws and workers' compensation scheme protect more than 3.6 million workers. Under the proposed changes, psychological injuries caused solely by work pressure would no longer be eligible for compensation, and to make a claim in the context of suffering sexual harassment or bullying, workers would be required to front a court or tribunal. The principal lawyer at the Australian Lawyers Alliance, Shane Butcher, told the ABC on Friday the legislation, if passed in its current form, would 'drastically strip away' the rights of individual workers, particularly those who suffered psychological injuries. 'There has been little to no consultation until recently and the people of NSW should be entirely concerned they will have no right at all if the changes go through without amendment,' he said. 'From how to lodge a claim to how psychological injuries are defined, to the threshold you need to meet to claim compensation and when you can get compensation – it makes it virtually impossible.' Sign up for Guardian Australia's breaking news email Butcher conceded there had been increased psychological claims in NSW but 'what we cannot do is cut them off and leave them to fend for themselves'. 'People who are navigating that system who need help, and separating those who try to exploit it – what is the balance? This bill does not have any balance,' he said. 'It simply strips away rights.' The Unions NSW secretary, Mark Morey, told the inquiry there was 'ample room for reform' but the legislation was 'dragging us back to a time where we ignored psychological injury and mental health wellbeing'. Speaking to reporters after fronting the inquiry, Morey said the 'poorly drafted piece of legislation' would ensure 'the vast majority of workers will never get the support they need'. 'These are … child protection workers, nurses, teachers, people who are beavering away every day and just getting their job done, and when they need a little bit of mental health support … this government is ripping it away from them to fill a black hole in their budget,' he said. The NSW treasurer, Daniel Mookhey, told the inquiry the exposure draft was not the government's final position. But in the absence of reform, there was 'the risk of an entire collapse', he said. Mookhey rejected suggestions that Labor's refusal to inject more cash into the fund unless the reforms were passed was a 'brazen ultimatum'. Sign up to Breaking News Australia Get the most important news as it breaks after newsletter promotion He said funding was needed for schools, hospitals and the state's other needs – including preventing psychological injuries from occurring. The deputy president of the NSW Teachers Federation, Amber Flohm, said teachers experienced injuries that had a 'significant impact on their mental health' through the course of their work and they deserved support. 'That is vicarious trauma of student and staff events that they often, far too often, are experiencing,' she said, citing bullying, unsustainable workloads and burnout. 'The treasurer has issued a blunt instrument to a complex mental health issue. Are we seriously suggesting that a teacher who was catatonic trying to deal with the trauma of losing a student should bear the brunt of that cost deficit?' The Australian Association of Psychologists vice-president, Katrina Norris, said the scheme was entirely unfit for managing psychological injuries, which faced the same requirements as physical injuries. She said raising the threshold of 'permanent impairment' to 31%, as had been proposed, could conceivably exclude nearly all workers from making a legitimate mental health claim. 'This is akin to trying to fit a round peg into a square hole and has created problems with the way claims are assessed and managed,' she wrote in a submission. 'An impairment of 15% requires an individual to be unable to function independently in almost all domains of life.' In Australia, support is available at Beyond Blue on 1300 22 4636, Lifeline on 13 11 14, and at MensLine on 1300 789 978. In the UK, the charity Mind is available on 0300 123 3393 and Childline on 0800 1111. In the US, call or text Mental Health America at 988 or chat
