[Greens-Media] Media Release: Modest gains for injured workers at risk

[David Shoebridge]

3 May 2013

Media Release: Modest gains for injured workers at risk



In answers to questions in Parliament this week, the NSW Finance Minister refused to rule out stripping back lump sum workers compensation benefits by legislating to overturn a recent Court of Appeal decision<http://www.austlii.edu.au/au/cases/nsw/NSWCA/2013/94.html> that allowed those workers who were injured before the government's 2012 reforms to retain their existing lump sum benefits.



Greens MP, David Shoebridge, said:



"The recent Goudappel decision of the Court of Appeal means that a small number of injured workers in NSW will retain some of the workers compensation benefits that were stripped back with the O'Farrell Government's 2012 compensation reforms.



"In answer to a question I put to the Finance Minister in the NSW Upper House he refused to rule out further retrospective amendments to overturn the Goudappel decision.



"There have been some suggestions that the cost of the Goudappel decision would be in the hundreds of millions of dollars, but this seems a  very inflated cost given it is mainly limited to those workers who were injured before June 2012 and have not already claimed lump sum benefits.



"The Greens are calling on the Government to guarantee that they will not use more retrospective legislation to wind back the small gain made by injured workers as a result of this case.



"These benefits are not excessive, or even particularly generous, but they can mean that injured people are given some small recompense for the injury and loss they have suffered.



"The Government should not have tried to make this legislation retrospective in the first place, and the courts have recognised the fundamental unfairness retrospectivity creates," Mr Shoebridge said.



Media Contact: 0408 113 952



The Questions and Answers were as follows:



WORKERS COMPENSATION

Page: 46


Mr DAVID SHOEBRIDGE: My question is directed to the Minister for Finance and Services. In light of the decision in Goudappel v ADCO Constructions Pty Ltd that allows a very limited class of injured workers to retain some existing benefits, will the Minister undertake not to wind back by legislative amendment this very small gain for injured workers?

The Hon. GREG PEARCE: The member is almost accurate as to the case referred to in his question.

The Hon. Penny Sharpe: Stop debating the question.

The Hon. GREG PEARCE: I like debating the question, particularly when it is a question from David Shoebridge.

The Hon. Penny Sharpe: You are not allowed to debate the question.

The Hon. GREG PEARCE: Because I then get some idiot from your side to take a point of order and I can sit down and have a rest.

The Hon. Lynda Voltz: Point of order: The Minister obviously cannot debate the question. My other point is that he should not call the person who takes a point of order an idiot. I ask him to withdraw. I take offence.

The PRESIDENT: Order! I did not hear him use that word.

The Hon. Lynda Voltz: I heard him.

The PRESIDENT: Order! It is contrary to the standing orders for a Minister to debate a question, but it is not contrary to the standing orders for a Minister to canvass the subject matter of the question. I believe the Minister's answer was more tending towards the latter. The Minister has the call.

The Hon. GREG PEARCE: Thank you. I am pleased to be able to talk about our WorkCover reforms because the Government's changes have produced a fairer system and provided more generous payouts to severely injured workers as well as incentives for businesses to improve workplace safety. They are the key things about a workplace safety scheme. As I indicated earlier, the Government's actions to fix WorkCover will mean that no employer will receive a base increase in 2013 and businesses will save on average 7.5 per cent on premiums. Those opposite hate hearing that. Our reforms mean better care for injured workers, lower premiums and the protection of jobs. Employers across 364 industries have improved safety performance in the workplace.

Mr David Shoebridge: Point of order: The question very specifically asked about a retrospective amendment to take away the benefits of the Goudappel decision. The Minister has strayed well beyond that.

The PRESIDENT: Order! I remind the Minister that his answer must be generally relevant.

The Hon. GREG PEARCE: Mr David Shoebridge is worried because his legal practice has gone down the drain and what he is looking for now-

The PRESIDENT: Order! I call the Minister of Finance and Services to order for the first time. Does the Minister have anything further to add?

The Hon. Greg Pearce: Not at this time, thank you.



David Shoebridge

Greens MP in the NSW Legislative Council

P: (02) 9230 3030 |Media: 0433 753 376 |T: @ShoebridgeMLC<http://twitter.com/#!/shoebridgemlc>

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