Full description
WorkCover Authority was established under WorkCover Administration Act, 1989 (Act No.120, 1989). The Act commenced on 1 January 1990. The role of the Authority was to carry out any functions that were conferred upon it by Workers compensation, occupational health and safety or any other legislation. (1)
In exercising its functions WorkCover was to promote the prevention of injuries and diseases at the workplace and the development of healthy and safe workplaces; to ensure the efficient and equitable rehabilitation and compensation of persons injured at work: and ensure the co-ordination of the administration of occupational health and safety, rehabilitation and workers compensation arrangements. (2)
The main functions of the Authority were to: (a) promote the prevention of injuries and diseases at the workplace and the development of healthy and safe workplaces; and (b) ensure the efficient, effective and equitable rehabilitation and compensation of persons injured at work; and (c) ensure the financial viability and efficient operation of the workers compensation insurance arrangements; and (d) ensure the co-ordination of the administration of occupational health and safety, rehabilitation and workers compensation arrangements. (3)
The WorkCover Authority was managed by a Board consisting of the General Manager and six part-time directors appointed by the Governor. The Ministerial appointees were chosen because of managerial, commercial or other qualifications that would enable to Board to perform its functions. (4)
By 30 June 1992 WorkCover Authority had four major functional divisions: Insurance Fund Management Division; Corporate Services Division; Policy, Legislation and Public Affairs Division; and Risk Management Division. (5) By 1993 there was a Regional Operations Division with four offices: metro-east, metro-west, country north and country south. The Dust Diseases Board and the Sporting Injuries Committee by 1992 were associated organisations to WorkCover administered by the Insurance and Fund Management Division. (6)
The WorkCover Authority Administration Act 1989 was replaced by the Workplace Injury Management and Workers Compensation Act 1998 (Act No. 86, 1998) that continued the Board of Directors and the General functions of the Authority. (7)
By June 1998 WorkCover appears to have been restructured to consist of three divisions: Corporate Governance; Insurance; and Occupational Health and Safety. The Insurance Division provided advice and services that ensured the viability of the WorkCover Scheme and the delivery of workers compensation and rehabilitation services to employees and employers. The Division set requirements for injury management services provided by WorkCover's own rehabilitation services and those of accredited providers; and it deal with claims against uninsured employers and managed the prosecution of them and of and fraudulent workers' compensation claims. The Occupational Health and Safety Division provided information and assistance to employers, workers and the community. Services were aimed at improving occupational health and safety in workplaces and included workplace inspections, investigation of accidents and complaints, mediation in disputes, penalties and prosecutions, licensing premises and providing prevention and education programs. (8) By 1998 there were 24 district offices in Sydney, suburbs and major country centres.
By 1992 the Londonderry Occupational Centre and Thornleigh Laboratory Services were established to provide services for employers and unions in the areas of safety, testing, research, consultancy and training. The safety and suitability of equipment, materials and processes were assessed and they provided a rapid response to accidents that required expert investigation, testing and analysis. (9)
On 1 September 1999, the Workers Compensation Legislation Amendment Act 1999 was commenced by proclamation. The effect of that Act was to amend the Workplace Injury Management and Workers Compensation Act 1998 and the Workers Compensation Act 1987 to defer the start of the privately underwritten workers compensation insurance scheme to 1 October 2000. This resulted in reforms in the Insurance Division of the Authority into the Insurance Service Delivery Group (ISDG), the Insurance Strategic Management Group (ISMG) and the Workplace Injury Management Branch (WIMB). The Occupational Health and Safety Act 2000 was passed by Parliament in June 2000 for implementation in September 2001. The Act reformed and modernised the law on workplace safety resulting in a restructure of the Occupational Health and Safety Division in the Authority into two new groups: Service Delivery and Strategic Operations. (10)
Effective from 1 July 2005, all Scheme assets became assets of the Workers Compensation Nominal Insurer and were held in a single Workers Compensation Insurance Fund. WorkCover NSW acted as the Nominal Insurer. WorkCover's Investment Division, which commenced operating in September 2004, provided investment services to the new funds management model. The new Workers Compensation Insurance Fund Investment Board, established in February 2005, determined the investment policies for the fund. (11)
From 17 March 2006, employees from WorkCover NSW became employees of the Office of the WorkCover Authority. The Office of the WorkCover Authority was abolished in July 2009 and staff were moved to the Compensation Authorities Staff Division. (12)
On 1 August 2012, under the Safety, Return to Work and Support Board Act 2012 established the Safety, Return to Work and Support Board to oversee the functions of the WorkCover Authority of NSW, Motor Accidents Authority of NSW, Lifetime Care and Support Authority of NSW and the Workers Compensation (Dust Diseases) Board under the Safety, Return to Work and Support Board Act 2012. This replaced the Compensation Authorities Staff Division with the Safety, Return to Work and Support Division. (13)
The WorkCover Authority of New South Wales was abolished on 1 September 2015 under the State Insurance and Care Governance Act 2015. The rights and liabilities of the WorkCover Authority was divided between several newly created agencies and the following functions were transferred:
(a) Functions under Acting for the Nominal Insurer - transferred to Insurance and Care NSW.
(b) Functions as the regulator under the Work Health and Safety Act 2011 - transferred to SafeWork NSW.
(c) Functions under the Dangerous Goods (Road and Rail Transport) Act 2008, the Explosives Act 2003 or the Rural Workers Accommodation Act 1969 - transferred to SafeWork NSW.
(d) The Sporting Injuries Fund established under section 11 of the Sporting Injuries Insurance Act 1978 -transferred to the Sporting Injuries Compensation Authority.
(e The Supplementary Sporting Injuries Fund established under section 11A of the Sporting Injuries Insurance Act 1978 - transferred to the NSW Self Insurance Corporation.
(f) The Bush Fire Fighters Compensation Fund and the Emergency and Rescue Workers Compensation Fund established under the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 - transferred to the Self Insurance Corporation.
(g) in any other case - transferred to State Insurance Regulatory Authority (SIRA). (14)
Endnotes
1. WorkCover Administration Act, 1989 (Act No. 124, 1989), s.12 (1); NSW Government Gazette No.124, p.11039, 22 December 1989.
2. Ibid. s. 12. (2)
3. Ibid. s. 13.
4. Ibid. s. 5.
5. Report of the WorkCover Authority for the year ended 30 June 1992, p.53.
6. Report of the WorkCover Authority for the year ended 30 June 1993, p.41.
7. Workplace Injury Management and Workers Compensation Act, 1998, ss.15, 22.
8. Report of the WorkCover Authority for the year ended 30 June 1998, p.11.
9. NSW Government Directory 2nd edition, 1992, p.250.
10. WorkCover Authority of New South Wales, Annual Report 1999-2000, p.44.
11. WorkCover Authority of New South Wales, Annual Report 2004-2005, p.4.
12. WorkCover Authority of New South Wales, Annual Report 2006-2007, p.4; Public Sector Employment and Management Act 2002 - Public Sector Employment and Management (Departmental Amalgamations) Order 2009 (2009 No 352), NSW Legislation Website, 27 July 2009.
13. WorkCover Authority of New South Wales, Annual Report 2012-2013, p.8.
14. State Insurance and Care Governance Act 2015 (Act No. 19, 2015), Sch. 4 Part 2 Division 1 cl.3.
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