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States set to fight Comcare changes

NSW and Victoria have vowed to fight changes to federally administered Comcare workers’ compensation.

Since March 15 companies self-insuring through Comcare have been covered by national workplace safety laws, regardless of the state they operate in. They are also subject to the federal inspection regime, not those of the states.

The two most populous states say the new laws will lead to confusion and neglect of worker safety. NSW WorkCover Minister John Della Bosca told Sunrise Exchange News the federal authorities don’t have the personnel to effectively police work sites under Comcare.

“The Commonwealth has only a small handful of safety inspectors to cover NSW,” he said. “They simply can’t do the kind of work that needs to be done, particularly in response to emergencies.”

He says NSW has 313 workplace safety inspectors who provide advice as well as carrying out policing duties. They now require Commonwealth permission before accessing work sites under Comcare.

Federal Workplace Relations Minister Joe Hockey dismisses claims that the laws are a catalyst for confusion. He says they ease confusion by applying a single set of laws to self-insuring companies.

“They will reduce the regulatory burden on employers in the Commonwealth jurisdiction. Previously, employers could be subject to Commonwealth laws and up to eight sets of state and territory occupational health and safety (OH&S) laws on the same subject matter.”

Mr Hockey says Comcare has beefed up its policing regime in line with the increased membership in recent years.

“It has a robust and well-resourced compliance regime to cover the expanded Commonwealth OH&S jurisdiction. Comcare has significant enforcement powers and will use them.”