Thursday, 15 May 2025

Workplace Injury Rehabilitation and Compensation Amendment Bill 2025

Second reading

Debate resumed on motion of Ben Carroll:

That this bill be now read a second time.

and Bridget Vallence’s amendment:

That all the words after ‘That’ be omitted and replaced with the words ‘this house refuses to read this bill a second time until the government:

(1) agrees to freeze the average premium rate at 1.8 per cent for 2025–26 to provide certainty to Victorian employers;

(2) consults with interested stakeholders and the public on proposed changes recommended by a WorkSafe review into family supports;

(3) makes available all modelling prepared for the legislative impact assessment for this bill in relation to the additional costs and financial impact the bill will have on employers and the WorkCover scheme;

(4) consults with industry to minimise fees for training for return-to-work coordinators; and

(5) implements measures to prohibit entities responsible for corruption on Big Build and Victorian construction sites from becoming an approved training provider.’

The SPEAKER: The minister has moved that the bill be now read a second time. The member for Evelyn has moved a reasoned amendment to this motion. She has proposed to omit all of the words after ‘That’ and replace them with the words that appear on the notice paper. The question is:

That the words proposed to be omitted stand part of the question.

Those supporting the reasoned amendment moved by the member for Evelyn should vote no.

Assembly divided on question:

Ayes (54): Juliana Addison, Jacinta Allan, Colin Brooks, Josh Bull, Anthony Carbines, Ben Carroll, Darren Cheeseman, Anthony Cianflone, Sarah Connolly, Chris Couzens, Jordan Crugnale, Lily D’Ambrosio, Daniela De Martino, Gabrielle de Vietri, Steve Dimopoulos, Paul Edbrooke, Eden Foster, Matt Fregon, Ella George, Luba Grigorovitch, Bronwyn Halfpenny, Katie Hall, Paul Hamer, Mathew Hilakari, Melissa Horne, Natalie Hutchins, Lauren Kathage, Sonya Kilkenny, Nathan Lambert, John Lister, Gary Maas, Alison Marchant, Kathleen Matthews-Ward, Steve McGhie, Paul Mercurio, John Mullahy, Danny Pearson, Tim Read, Pauline Richards, Tim Richardson, Ellen Sandell, Michaela Settle, Ros Spence, Nick Staikos, Natalie Suleyman, Meng Heang Tak, Nina Taylor, Kat Theophanous, Mary-Anne Thomas, Emma Vulin, Iwan Walters, Vicki Ward, Dylan Wight, Belinda Wilson

Noes (26): Brad Battin, Jade Benham, Roma Britnell, Tim Bull, Martin Cameron, Chris Crewther, Wayne Farnham, Sam Groth, Matthew Guy, David Hodgett, Emma Kealy, Tim McCurdy, Cindy McLeish, James Newbury, Danny O’Brien, Michael O’Brien, John Pesutto, Richard Riordan, Brad Rowswell, David Southwick, Bill Tilley, Bridget Vallence, Peter Walsh, Kim Wells, Rachel Westaway, Jess Wilson

Question agreed to.

The SPEAKER: The question is:

That this bill be now read a second time, government amendments 1 to 19 inclusive be agreed to and the bill be now read a third time.

Question agreed to.

Read second time.

Circulated amendments

Circulated government amendments as follows agreed to:

1. Clause 7, line 3, omit “237, 237A” and insert “237, 237AA, 237A”.

2. Clause 9, line 14, omit “237, 237A” and insert “237, 237AA, 237A”.

3. Clause 10, line 17, omit “237 or 237A” and insert “237, 237AA or 237A”.

4. Clause 14, omit this clause.

5. Clause 15, line 19, omit “section” and insert “sections 237AA and”.

6. Clause 15, after line 20 insert –

‘“237AA Other dependants

(1) If a worker leaves –

(a) one or more dependants, whether dependent partners or dependent children or partially dependent partners; and

(b) any other person who is to any extent dependent on the worker’s earnings –

each person referred to in paragraph (b) is entitled to an amount of compensation, being a sum not exceeding $20 000, which the court, Authority or self-insurer considers is reasonable and appropriate to the injury to that person.

(2) To avoid doubt, a determination of the amount of compensation to which a dependant is entitled under section 236 or 237 is not affected by, and does not affect, a determination of the amount of compensation to which a dependant is entitled under subsection (1).’.

7. Clause 15, line 21, omit ‘“237A’ and insert “237A”.

8. Clause 16, line 7, omit “237, 237A” and insert “237, 237AA, 237A”.

9. Clause 17, line 10, omit “237 or 237A” and insert “237, 237AA or 237A”.

10. Clause 26, line 26, omit “237, 237A” and insert “237, 237AA, 237A”.

11. Clause 32, line 7, omit “item 37” and insert “item 38”.

12. Clause 32, lines 8 to 10, omit all words and expressions on these lines and insert –

‘Principal Act insert –

“38A Section 237AA(1) – $20 000

38B Section 237A(1) – $10 000’.

13. Clause 42, omit this clause.

14. Clause 43, after line 31 insert –

‘(1A) After section 92A(8B) of the Accident Compensation Act 1985 insert –

“(8C) If a worker leaves –

(a) one or more dependants, whether dependent partners or dependent children or partially dependent partners; and

(b) any other person who is to any extent dependent on the worker’s earnings –

each person referred to in paragraph (b) is entitled to an amount of compensation, being a sum not exceeding $20 000, which the court, Authority or self-insurer considers is reasonable and appropriate to the injury to that person.

(8D) To avoid doubt, a determination of the amount of compensation to which a dependant is entitled under subsection (4), (5), (6), (7), (8), (8A) or (8B) is not affected by, and does not affect, a determination of the amount of compensation to which a dependant is entitled under subsection (8C).”.’.

15. Clause 43, page 33, line 7, omit ‘$10 000.”.’ and insert “$10 000.”.

16. Clause 43, page 33, after line 7 insert –

‘(11B) Subsection (3) does not apply to an amount of compensation payable under subsection (11A).”.’.

17. Clause 52, line 30, omit “Before item 3” and insert “After item 13”.

18. Clause 52, line 31, omit all words and expressions on that line and insert –

‘Accident Compensation Act 1985 insert –

“13A Section 92A(8C) – $20 000”.’.

NEW CLAUSE

19. Insert the following New Clause to follow Clause 13 –

‘13A How compensation for death of worker determined

In section 235 of the Principal Act, for “237” substitute “237, 237AA”.’.

Third reading

Motion agreed to.

Read third time.

The SPEAKER: The bill will now be sent to the Legislative Council and their agreement requested.