COMPARISON OF WORKERS' COMPENSATION ARRANGEMENTS

BENEFITS

BENEFITS

BENEFITS

COMMONWEALTH*

VICTORIA

NEW SOUTH

SOUTH 

WESTERN

WALES

AUSTRALIA

AUSTRALIA

Weekly

  45 weeks:

Due to statutory

  26 weeks: Current

  52 weeks:

A cap on weekly

benefit rates

Normal weekly

changes to scheme

weekly wage rate

Worker's Average

payments of $977.80

earnings (NWE)

(maximum

on 12/11/97,

Weekly Earnings

applies for the duration

$1,299.70) or, where

of all claims.  This

> 45 weeks:

benefit rates

(WAWE) to a

no award, 80% of

amount is indexed

75% of NWE

depend on date of

worker's Average

maximum of 2 x

annually (every 1 July)

entitlement

State average

Maximum:

Weekly Earnings

weekly earnings

Workers whose

$1,300.20

Pre 12/11/97:

(AWE), not including

earnings are prescribed

overtime, shiftwork

(AWE).

Workers entitled to

by an industrial award

(150% of Average

or penalty rates

receive weekly

Maximum:

Week Ordinary

First 4 weeks of claim:

benefits as at

>  26 weeks: 90% of

$1,662.00 at

Weekly payments will

Time Earnings for

AWE (maximum

12/11/97; old rates

16/05/02 less

consist of the rate of the

Full time Adults as

$305.70)

apply

actual earnings if

worker's average weekly

published

Plus Dependants:

partially

earnings payable under

by ABS)

Post 12/11/97: 

  spouse: $80.69

the relevant industrial

  13 weeks: 95%

  1 child: $57.60

incapacitated

Minimum:$320.83

award, plus any over

of pre injury

  2 children: $128.80

>  52 weeks:

award or service

Additional for

  3 children: $213.40

average weekly

(a) Total incapacity:

payment paid on a

prescribed person

  4 children: $300.10

earnings (PIAWE)

80% of WAWE

regular basis including

$79.43 and for

  For each additional

(maximum:

overtime, bonuses or

dependant child in 

subject to a

each dependent

$976.00), less

allowances up to a

excess of 4: $86.60

maximum of 80%

child $39.70

notional earnings

of 2 x State AWE.

maximum of $977.80.

>   52 weeks:

Overtime, bonuses or

On 1 October 2001,

>  13 weeks:

The maximum period

Maximum:

allowances are averaged

the SRC Act was

If no current work

for which partially

$1,329.60 at

over the 13 weeks before

amended to enable

capacity 75% of

incapacitated

16/05/02

the disability occurred

compensation

workers can receive

PIAWE; or if some

(b) Partial

5th week onward:

payments to 

special benefits is 

work capacity

incapacity: 80% of

Weekly payments consist

ex employees by

52 weeks

either:

difference between

of the rate of weekly

reference to a

Special benefits are

(a) 60% of PIAWE

worker's adjusted

earnings payable under

prescribed index.

paid at the basic

less 60% of

notional weekly

the relevant industrial

The SRC

award rate for up to

award, plus any over

notional earnings,

26 weeks post injury,

earnings (NWE)

award or service

regulations (2002)

or

after which they are

and earnings from

payment paid on a

prescribe the ABS

(b) $585 less 60%

paid at 80% of the

employment, or

regular basis, but

Wage Cost Index

of notional earning,

basic award rate for

potential earnings

excluding overtime,

for this purpose.

whichever is the

a maximum of 52

in suitable

bonuses or allowances.

NWE for those

lesser

weeks

employment that

Maximum

employees affected

After 52 weeks,

the worker has a

payment is $977.80

>  104 weeks:

by the amendment

partially

reasonable

Weekly benefits

Minimum rate:

was increased by

incapacitated

prospect of

Subject to the cap of

cease after 104

3.4% from 1 July

workers are able to

obtaining

$977.80, the minimum

weeks of weekly

2002

claim the difference

Maximum:

rate of weekly earnings

payments unless:

between current and

payable for the

pre injury capacity

$1,302.08 at

(a) worker is likely

appropriate classification

16/05/02 less

to have no current

Persons receiving

under the relevant

actual or potential

work capacity

Section 38 benefits

award.

on or before 1

earnings if partially

indefinitely,

Workers whose

August 1998 are

incapacitated

benefits continue

earnings are not

eligible to receive up

>  104 weeks:

prescribed by an

while this is the

to 104 weeks of

If worker partially

industrial award

case until

special

incapacitated and

retirement; or

First 4 weeks of claim:

benefits

not in suitable

Weekly payments will

(b) worker has a

>  104 weeks:

employment, 80%

consist of the worker's

current work

Payments can be

of difference

average weekly earnings

capacity and has

discontinued at the

(including overtime,

end of 104 weeks of

between NWE and

returned to work at

bonuses or allowances)

partial incapacity if

what the worker is

his/her maximum

averaged over the year

the worker is no

deemed capable of

before the

capacity

longer jobseeking, is

earning in suitable

disability occurred, up to

Must be working at

unemployed mainly

employment

a maximum of $977.80

least 15 hours per

as a result of the

5th week onward:

labour market

Otherwise same as

week and earning

Weekly payments `step

conditions, or has

for >  52 weeks

at least $114 per

down' to 85% of the

unreasonably

week; and be

worker's average weekly

rejected an offer of

employed/self 

earnings; maximum

suitable employment

employed 

payment is $977.80

* Unless

NB. These amounts

Minium rate:

otherwise

are indexed every 1

Subject to the cap of

stated,

April and 1 October

$977.80, the minimum

information

rate of weekly earnings

provided

payable under the

applies to both

Minimum Conditions of

Employment Act 1993

Comcare and

Seacare

Heads of Workers' Compensation Authorities  20