NSW Government – COVID -19 Legislative Amendment
Dear Clients, Colleagues and Partners,
With the ever changing scope of Workplace Injuries and COVID-19 Pandemic, we have seen our first Legislative Amendment.
It is a big change.
Yesterday, the NSW Government passed the COVID-19 Legislation Amendment (Emergency Measures) Bill 2020. The Bill was assented to (became law) on the 25 March 2020.
As far as workers compensation is concerned, section 44B of the Workers Compensation Act 1987 has been amended.
Any non-initial Certificates of Capacity no longer have to be issued by a medical practitioner (initial certificate (only) still must be issued by a doctor).
The second reading speech makes clear that the intention of this amendment is to allow allied health professionals to provide certification of an injured worker's ability to work, so as to relieve pressure on General Practitioners during the pandemic.
What has not been delivered so far, is the wider term “Allied Health Professionals” and who this entails.
Is this a positive step forwards in NSW? Yes, of course, as it allows GP’s to focus on the wider issue and Patient Demand. This change has been in Victoria for some time and does seem to work for successful outcomes.
We need to ensure that if Allied Health Professionals are allowed to provide subsequent certificates, that they are well equipped with knowledge of the workplace, suitable duties and willing to work with all stake holders. The difference between a successful and non successful outcome will rely on how good this Allied Health Professional is.
Of course the Allied Health Professional will need to revert back to the GP for any diagnostic/investigations etc.
If you have any questions, please do not hesitate to call Kyle or Daryl.
