Thursday, 18 March 2021

Workplace Injury Rehabilitation and Compensation Amendment (Arbitration) Bill 2021

Second reading

Debate resumed on motion of Ms HORNE:

That this bill be now read a second time.

Mr TAK (Clarinda) (16:44): As I said yesterday, we are lucky to have a number of options for resolving disputes without recourse to litigation. I would like to also take this opportunity to thank the honourable member for Altona for her hard work and for making sure that this bill is here today.

The Dispute Settlement Centre of Victoria has been an example of a great resource for many of my constituents. If a dispute cannot be resolved through discussions between two parties and the DSCV, they also offer a free mediation service. The dispute assessment officers there will explain the process to each party and conduct a meeting with a trained and accredited mediator, who is impartial. The process is confidential, and participation is voluntary for all participants. Things are probably a little complicated at the moment given COVID-safe arrangements but, from experience, mediations can usually be arranged within a fortnight, depending on availability of all parties. So this is really a fantastic service.

This bill utilises some of our great alternative dispute resolution process, namely, binding arbitration. This is achieved by amending the Workplace Injury Rehabilitation and Compensation Act 2013 to enable workers with a genuine dispute certificate following unsuccessful conciliation to have the Accident Compensation Conciliation Service (ACCS) determine their dispute by arbitration. As mentioned, arbitration provides a timely, low-cost and informal pathway as an alternative to court, providing injured workers with an effective means of achieving a resolution to a workers compensation dispute.

I would like to point out key features of the arbitration function, which include: any dispute can be determined by arbitration but with compensation determinations limited to $20 000 in medical and like expenses and up to 52 weeks in weekly payments; hearings will be separate to conciliation and will be conducted informally, without adherence to rules of evidence; arbitrators may request, but cannot compel, evidence; and appeals of arbitration decisions are limited to questions of law only, to the Supreme Court, as a means of avoiding parties using arbitration as a trial run for a future court case.

Some subsequent confidential consultation was undertaken with key stakeholders following approval in principle, including WorkSafe and ACCS, which informed the particulars of the bill. So this is a really important bill. It was an extensive and broad process and one which has resulted in broad support for this bill.

I said before this bill is all about fairness for all workers and to avoid lengthy, costly and stressful court processes, as we have heard many other speakers before me say on this bill. So I am very happy to support this bill, and I commend it to the house.

Ms SULEYMAN (St Albans) (16:48): I too rise to speak on the Workplace Injury Rehabilitation and Compensation Amendment (Arbitration) Bill 2021, and I echo the sentiments of my fellow colleague, the member for Clarinda. He adequately contributed toward this bill and spoke so passionately. I am very proud to be part of the Andrews Labor government. Not only are we investing in jobs but we are also protecting jobs and protecting Victorian workers. Our government is focused on delivering key supports for injured workers but most of all putting in place frameworks, which make it important for working families. Most importantly, this bill will deliver a new, timely and cost-effective process for complex compensation claims. We all know the good work of WorkSafe and the incredible job they do in prevention and occupational safety, making Victorian workplaces safe for employees so that workers can come home safe to their loved ones.

In St Albans I get to hear, unfortunately, some horrific stories of workplace injuries. I am always extremely saddened to hear these stories, where loved ones go to work to make ends meet, pay their mortgage off and do the right thing. Unfortunately due to a workplace not being safe at times we see some horrific stories of loved ones who have not returned home. Not only do they sustain an injury, but they are left in tragic circumstances. We need to make sure that the appropriate protections and compensations are in place so workers can get that support and are able also to recover during that process. That is why the changes in this bill are absolutely integral to that, because they will help more injured workers access the support they need and deserve.

In particular in my community, where English is not the first language, it is not easy to navigate the legal system; it is absolutely a challenge. When I have had to navigate the legal system I have found it extremely challenging, so I can only imagine that for someone for whom English is not their first language, you do not understand your rights, you do not understand the system and you are trying to make a living, trying to pay off a mortgage and raise your family, and then on top of that you are injured at work and you do not understand what support you can get. That is why it is absolutely integral to this that WorkCover claims following an injury are straightforward and effective and disputes can actually go through a satisfactory process. Claims processes should not make it much more difficult for the worker and their families. This only causes stress, not only for the worker and their family but it also starts a chain reaction.

Workers at times can face a long and costly dispute—a cost they cannot afford—and most people, as I said, cannot navigate the legal system and cannot navigate the court system as well. It is worse still, when you do not have English as your first language. In my electorate more than 70 per cent of the community come from a non-English-speaking background and are working physically pretty intense jobs. This sort of bill makes a difference to their lives, because we are making sure we are protecting their livelihoods, but most importantly we are introducing a new, inexpensive and timely pathway for them to get a resolution without going through a longwinded process that could take many years and during which their livelihoods could be destroyed.

These changes deliver on the commitment to improve the process of making a complaint. Sometimes for some workers—and I have heard these stories—it is a challenge to even make a claim. That is why this bill is about making it effective and giving confidence to workers so they can take that first step, knowing that there will be no repercussions in making their complaints.

As we know, and as we have heard from this side of the house, the Victorian Ombudsman recommended a new process for injured workers in 2019 to deal with complex claims. It recommended that WorkSafe do a follow-up investigation into the management of complex workers compensation claims. It really extensively dealt with a number of issues that were outstanding. To sum it up, this bill brings the process into line with the recommendations in that report. There have been extensive consultations over these changes with the union movement, government agencies, law firms and the institute, and other professional associations and stakeholders.

Can I thank the previous Minister for Workplace Safety, the member for Altona, and also the outstanding work of the current Minister for Workplace Safety in bringing this bill to this place that will make a difference to workers and, in particular in my electorate of St Albans, to families and to the workforce. Our government, as I said previously, has a commitment to support workers throughout, and we know the extra support that we have provided over the COVID-19 pandemic. Just this week I noted there were new Jobs Victoria advocates announced in the member for Essendon’s electorate, with the Acting Premier and the Minister for Employment. They are employing the first of 450 new job search workers and, most importantly, support workers, who will be on the ground in libraries, community halls and shopping centres.

We are also investing in important infrastructure. Just yesterday I had the great honour to officially join the Minister for Health and Acting Premier and open the new emergency department at Sunshine Hospital, again delivering on our health commitment but most importantly creating those jobs. That is important to us—creating jobs but providing protection and safety for all workers. We will continue to invest and make sure that we support workers in this state. That is our job, and that is what we will continue to do through important reforms like this one or through creating employment and skills opportunities. This is what is needed to stimulate the economy and stimulate Victoria and continue the economic recovery.

This is good legislation which will support workers facing tough times—and, we know, not only for tough times now but also for the future—but most importantly it will put proper processes in place for those who most need them, and they are the Victorian workers. We need to support and we need to protect every single worker so they come back to their loved ones, they feel safe, they understand the system absolutely when they need it most and they are able to access fair compensation when they are injured at work. This is a must. This is integral. This is the fabric of our society.

So I am very proud of the Andrews government. As I said previously in my contribution, I wish to thank the minister for this bill and for bringing forward a bill that will last, not only delivering on important reform but also setting things up to ensure long-term social and economic benefits for all workers. It is absolutely integral, as I keep saying, that my community, in particular in St Albans, regardless of their postcode and regardless of whether English is their first language, are able to navigate a system, to make a claim if they are injured at work and go through an effective, easy system, a system that will protect and support them during their toughest time in the workplace, and are able to support their family during important times. When I say ‘important’, it is important to be able to care for and look after your family. As the breadwinner of a family you need to be able to know that you will be okay in times of need. And this bill is about exactly that—protecting workers in times of need and making it effective and making it easy. As I said, this is down to Labor government values, and I echo the bill to the house.

Debate interrupted.