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Legislative Developments - November 2020

  • Newsletter Article
  • Published 16.11.2020

Amendments to the Workers Compensation Act 1987 and Workers Compensation Regulation 2016

The Workers Compensation Amendment (COVID-19 Weekly Payment Compensation) Regulation 2020 came into force on 23 October 2020.

The Regulation amends the Workers Compensation Regulation 2016 by:

  • providing that when calculating PIAWE, an adjustment may be made to the relevant earning period if a worker has had a financially material reduction in earnings due to the COVID-19 pandemic;
  • clarifying that only earnings for work performed may be included in the calculation of PIAWE; and
  • increasing by 10% the maximum legal costs recoverable in respect of a claim for workers compensation.

The Regulation further amends the Workers Compensation Act 1987 by:

  • clarifying that if a worker is in receipt of JobKeeper payments, these are included in the ‘current weekly earnings’ of a worker.

You can find a full copy of the Regulation here.