New Guidelines for AMS examinations
The NSW Workers Compensation Commission released new Guidelines on 2 April 2020 addressing how Approved Medical Specialist (“AMS”) examinations will proceed in light of the public health risks associated with COVID-19.
The main points of note are:
The COVID-19 Legislation Amendment (Emergency Measures) Act 2020 came into force on 25 March 2020.
Insofar as workers compensation is concerned, the Act gives Regulation and Guideline making powers to permit treating allied health professionals to issue second and subsequent Certificates of Capacity. Previously, pursuant to Section 44B of the Workers Compensation Act 1987, only medical practitioners were able to issue such Certificates.
Legislative Developments
COVID-19 Legislation Amendment (Emergency Measures) Act 2020
Recent Decisions
Summary
Jones v Braund (No 3) [2020] NSWDC 74
Below is a list of assistance packages available to businesses in NSW.
The New South Wales Legislative Council and Legislative Assembly passed the COVID-19 Legislations Amendment (Emergency Measures) Act 2020 (NSW) (the ‘Act’) on 24 March 2020 which was assented to on 25 March 2020.
The Act introduces amendments to a number of NSW Acts in order to implement emergency measures as a result of the COVID-19 pandemic.
MX v FSS Trustee Corporation as Trustee of the First State Superannuation Scheme & Anor [2018] NSWSC 923
During these unprecedented times, the General Insurance industry in Australia and New Zealand is beginning to see significant change to its regulatory framework.
These changes appear as a necessary adaptation to the COVID-19 pandemic and after the Insurance Council of Australia declared the pandemic a catastrophe on 11 March there is likely to be further ground breaking change given the extended nature of this crisis compared to other catastrophes.
A decision of the Victorian Civil and Administrative Tribunal (VCAT) late last year has raised great uncertainty for landlords in Australia in their ability to claw black fit out costs and other incentives from tenants.
In its reasoning, VCAT applied an earlier decision of the Queensland Supreme Court which was previously thought to be an anomaly and unique to the facts of that case. The tribunal’s decision however, creates serious doubt on the ability to negotiate claw back clauses with tenants.
Claw back clauses