Cessation of Weekly Payments on Account of Age - A Comparison Across all Jurisdictions Cessation of Weekly Payments on Account of Age - A Comparison Across all Jurisdictions

Cessation of Weekly Payments on Account of Age - A Comparison Across all Jurisdictions

28 February 2018 | Workers' Compensation

From 1 January 2018, a number of amendments to the Workers Rehabilitation and Compensation Act 1988 (Tas) (the Act) came into effect. Of particular interest, weekly payments were extended until ‘pension age’ as defined in the Social Securities Act 1991 (Cth). This change brings Tasmania in line with workers’ compensation legislation in Victoria, New South Wales, South Australia, the ACT and the Northern Territory.  Below is a comparative table across all jurisdictions in Australia comparing the age for cessation of weekly payments.

State/ Territory Legislation Restriction Comment
Tasmania Workers’ Rehabilitation and Compensation Act 1988 Section 87 – weekly compensation is terminated upon pension age 

Unless the injury occurs less than 12 months before pension age in which case entitlements cease one year after the injury occurs.

Pension age is the age at which the person is eligible to receive a pension under the Social Security Act 1991 (Cth) (between 60 and 67 years depending if the person is male or female, and the year the person was born). 

Victoria Workers’ Injury Rehabilitation and Compensation Act 2013 Sections 169 and 171 – weekly compensation is terminated upon retirement age

If the worker is injured within 130 weeks before or after reaching retirement age, entitlements expire at no later than 130 weeks of incapacity

Retiring age is the age at which the person is eligible to receive a pension under the Social Security Act 1991 (Cth) (between 60 and 67 years depending if the person is male or female, and the year the person was born). 
New South Wales Workers’ Compensation Act 1987 Section 52(2) – weekly compensation is terminated upon retirement age 

However if a worker is injured on or after reaching retiring age, weekly payments should not exceed 12 months after the date of incapacity

See ‘Victoria’ comments for definition of retirement age.
Western Australia Workers’ Compensation and Injury Management Act 1981  No age-related limits on compensation payments Section 46 – caps the amount of compensation for weekly payments for loss of earnings at $224,921.00.
Queensland Workers’ Compensation and Rehabilitation Act 2003 No age-related limits on compensation payments Section 140 – caps the amount of compensation for weekly payments at $200,000.00 (as increased in accordance with QOTE).
South Australia Return to Work Act 2004 Section 44 – weekly compensation is terminated after the date upon which the worker reaches retiring age

If a worker is within or above 2 years of their retiring age and they become incapacitated for work while still employed, weekly payments are payable for 104 weeks after the incident occurred

See ‘Victoria’ comments for definition of retirement age.
Australian Capital Territory Workers’ Compensation Act 1951  Sections 39, 40 - pension age

A worker is not entitled to weekly compensation for any period after the pension age, if the person was injured 2 years prior to the pension age.

A worker is not entitled to weekly compensation for a period more than 2 years after the initial date of injury, if the person was injured 2 years or less from the pension age.

See ‘Tasmania’ comments for definition of pension age.
Northern Territory Return to Work Act 2016  Sections 61A & 65 – pension or retiring age

If the worker’s injury occurs 2 years before the worker would attain the pension age, and the worker suffers permanent impairment, compensation is to be paid until the worker reaches the pension age or if the retiring age is later than the pension age, until the worker’s retiring age.

See ‘Tasmania’ comments for definition of pension age.

Author

Hannah Hughes

Hannah Hughes

Senior Associate