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Workers' compensation
Last updated May 2019
This chapter explains the workers’ compensation legislation that applies in each jurisdiction and how to comply with them.
Your legal obligations under workers’ compensation legislation
Workers’ compensation legislation requires you to take out workers’ compensation insurance to cover injuries to your workers that occur during the course of employment.
Definition: Workers’ Compensation
Workers’ compensation is a no-fault statutory compensation that an injured worker may claim under their employer’s compulsory workers’ compensation insurance policy.
Workers’ compensation is a no-fault statutory compensation that an injured worker may claim under their employer’s compulsory workers’ compensation insurance policy.
Definition: No Fault Principle
The no fault principle means that compensation is available to the worker if they are unable to work due to a work-related injury, even if they or their employer committed no wrong.
The no fault principle means that compensation is available to the worker if they are unable to work due to a work-related injury, even if they or their employer committed no wrong.
Each state and territory has its own workers’ compensation legislation with which you must comply. Commonwealth legislation applies for federal public sector employees and employees of certain national private sector employers.
The following table shows the legislation that applies in each jurisdiction:
| Jurisdiction | Legislation |
|---|---|
| Cth | Safety, Rehabilitation and Compensation Act 1988 |
| ACT | Workers Compensation Act 1951 |
| NSW | Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 |
| NT | Work Health Act 1986 Return to Work Act 1986 |
| Qld | Workers’ Compensation and Rehabilitation Act 2003 |
| SA | Return to Work Act 2014 Return to Work Corporation of Australia Act 1994 |
| Tas | Workers Rehabilitation and Compensation Act 1988 |
| Vic | Workplace Injury Rehabilitation and Compensation Act 2013 |
| WA | Workers’ Compensation and Injury Management Act 1981 |
Remember: If your business operates in more than one jurisdiction, you must comply with the separate laws within each relevant jurisdiction. This will depend on where the particular worker is based.