The 2016 Regulation replaces the 2010 Regulation which is subject to automatic staged repeal on 1 September 2016.
The 2016 Regulation contains a number of minor amendments, including:
- removing the option for employers to establish shared return to work programs
- a new clause that an application for an insurer or self-insurer licence is to be in the ‘approved’ form
- a new clause prescribing the process for notifying a medical practitioner who is required to attend the Workers Compensation Commission for cross-examination on the contents of a medical report
- updating prescribed medical tests and results relating to brucellosis, Q fever, and leptospirosis (Schedule 2) to reflect the latest case definitions from the NSW Control Guidelines for Public Health Units
- aligning it with recent reforms to the workers compensation and legal profession legislation
- updating references to other legislative instruments
- removing certain penalty notice offences (Schedule 5)
- removing unnecessary and redundant clauses
- improving and clarifying wording in certain clauses
A fact sheet is also available that provides an overview of the amendments.
Public consultation on the draft 2016 Regulation and associated regulatory impact statement was conducted from 13 May to 14 June 2016. SIRA published a consultation summary which provides an overview of the stakeholder feedback and submissions.