The following arrangements have been entered into in response to COVID-19:
Workers Compensation Commission
The WCC has today directed that from Monday 23 March 2020 all conciliation/arbitration proceedings, mediation conferences and presidential hearings will be conducted by telephone.
A link to the WCC announcement can be found here.
District Court of NSW and Supreme Court of NSW
The Coronavirus (COVID-19) Pandemic is seeing the workplace landscape change day by day.
Here are a few things to consider for your workplace.
1. WHS Obligations
This TurkAlert looks at how NSW workers compensation legislation applies in such situations.
What does the law say?
Workers compensation is not payable unless:
What is security of payment?
Security of payment legislation exists in each jurisdiction in Australia and is available for contractors doing work or supplying goods in the construction industry (apart from owner-occupier residential developments). It is designed to rapidly inject cash-flow for creditors and quickly determine any disputes that may arise between parties.
In NSW, contractors can include:
Yeung v Santosa Realty Co Pty Ltd [2020] VSCA 7
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Not a “director” but still culpable!
Summary
Given the recent outbreak of Coronavirus (COVID-19), it is worth noting that the contraction of an infectious disease due to a virus entering the body during the course of employment may constitute a compensable injury. Whether or not the injury will be compensable will depend to a large extent on the expert medical evidence.
Case law
Summary