What it does
The Workers Compensation Act 1958 consolidates the law relating to compensation for workers injured arising out of or in the course of their employment (long title). At its core, s 5(1) imposes liability on employers to pay compensation in accordance with the Act where personal injury arises out of or in the course of employment. This is subject to exceptions such as serious and wilful misconduct under s 6 (unless resulting in death or serious and permanent disablement).
The Act defines key concepts in s 3(1). "Injury" includes any physical or mental injury, disease contracted in the course of employment where employment was a contributing factor to a recognizable degree, and aggravation of pre-existing conditions on the same basis (s 3(1) definition of "injury"). "Worker" is broadly defined but excludes outworkers, while deeming certain contractors, share farmers (under specific income tests in s 3(6A)–(6D)), and others (such as taxi drivers under bailment contracts in s 3(5)) to be workers. "Employer" includes the Crown (s 4) and principals in sub-contracting arrangements (s 60).
Compensation is payable for death (s 9(1) and cl 1(a) of the Clauses Referred To), incapacity (weekly payments under s 9 cl 1(b)), specified injuries (lump sums per the Table in s 11(1)), industrial diseases (ss 12–25, with presumptions in s 22 for proclaimed diseases in the Third Schedule), industrial deafness (Div 3A, ss 25A–25J, with constant rate deeming in s 25F and finality of awards in s 25I), and medical, hospital, nursing, ambulance, and burial costs (s 26). Weekly payments are calculated by reference to average weekly earnings (s 9 cl 4), indexed annually via average weekly earnings (s 9(3)–(5)), and subject to minimum and maximum amounts updated in the Clauses.
The Act establishes presumptions for injuries in the course of employment, including during recesses (s 8(2)(a)), travel between home and work or training (s 8(2)(b)), and attendance at medical examinations (s 8(2)(b)(iii)). It provides for nominal defendants where employers cannot be identified (s 5A) or for diseases (s 16), with payments from the WorkCover Authority Fund (defined in s 3(1) as the Fund under the Workplace Injury Rehabilitation and Compensation Act 2013).