Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 07 FEBRUARY 2017

NSW workers entitled to legal representation

Carroll & O'Dea
Explore more from Carroll & O'Dea

A worker in NSW is now entitled to obtain detailed legal advice in respect of a merit review of a work capacity decision.

AustraliaEmployment and HR
Dane Twohill
Dane Twohill
Author LinkedIn connections

The often described "draconian" Amendments made to the Workers Compensation Laws in 2012 prevented legal practitioners from recovering costs for legal services in connection with providing workers with legal advice with respect to a Work Capacity Decision made by an insurer, and any subsequent Application for Merit Review by the Merit Review Service of the State Insurance Regulatory Authority.

This resulted in the unfair situation where insurers, as a consequence of their extensive knowledge of the Workers Compensation Scheme, could make complex work capacity decisions, whilst a worker, with little to no knowledge of the now complex scheme, was unable to properly review and consider such decisions without some extensive legal expertise.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

New Minimum Wage Rates Gain Effect In Australia Today

The Australian Government has raised the National Minimum Wage and Minimum Award Wages effective July 1, 2026, with weekly rates increasing from $948.00 to $1,004.90 and hourly rates from $24.95 to $26.44. What compliance actions must employers take to avoid penalties for underpayment, and how do these changes affect different worker categories including trainees, apprentices, and entry-level employees?
AustraliaEmployment and HR
Lexplosion Solutions Private Limited
Lexplosion Solutions Private Limited
Article

Fair Work Commission Releases New AI Guidance And Warns Against Blind Reliance On AI

The Fair Work Commission has introduced new guidance requiring parties to disclose their use of generative AI in proceedings, following a 70% surge in workload attributed to AI-generated applications. A recent case demonstrates the consequences of blind reliance on AI tools, with one applicant ordered to pay costs after continuing a jurisdictionally flawed claim despite repeated warnings from the Commission.
AustraliaEmployment and HR
Holding Redlich
Holding Redlich
Article

Reforms To Restraints: What The Competition And Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 Means For Employers

The Albanese Government has released draft legislation that would fundamentally reshape how Australian employers use restrictive covenants and competitive agreements. The proposed Competition and Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 seeks to prohibit or strictly regulate no-poach agreements, wage-fixing arrangements, non-compete clauses, and co-worker non-solicitation terms.
AustraliaEmployment and HR
Piper Alderman
Piper Alderman
Article

Who Signs The Termination Letter Matters – The Importance Of The Decision-maker

The Full Federal Court's decision in Totino v Metro Trains Melbourne clarifies how employers can successfully defend general protections claims when dismissing employees who have made workplace complaints or workers compensation claims. The case establishes critical principles about who must give evidence, the distinction between advisers and decision-makers, and why proper documentation of the decision-making process is essential for employers facing the reverse burden of proof.
AustraliaEmployment and HR
Bartier Perry Solicitors
Bartier Perry Solicitors
Podcast

Employment Relations Podcast – Enterprise Bargaining In The Spotlight: Intractable Deadlock Or Genuine Agreement?

Recent Australian workplace reforms have fundamentally altered enterprise bargaining dynamics, introducing new mechanisms like intractable bargaining determinations and expanded Commission powers to amend agreements. How should employers navigate these changes to develop effective bargaining strategies while managing risks associated with mandatory terms, genuine agreement principles, and the better off overall test?
AustraliaEmployment and HR
Piper Alderman
Piper Alderman
Article

Injured While Working As A Delivery Driver? New Protections For Gig Workers.

New minimum standards effective from 17 August 2026 introduce personal accident insurance requirements for delivery drivers and riders working through digital platforms like Uber Eats and Deliveroo. These protections address a critical gap for gig economy workers who, as independent contractors, have historically fallen outside traditional workers compensation schemes when injured on the job.
AustraliaEmployment and HR
Carroll & O'Dea
Carroll & O'Dea
Article

Case Note On Australian Capital Territory (Represented By ACT Education Directorate) v Jack Gibson [2026] FWCFB 110

Mr Gibson was employed as a teacher in an ACT high school from January 2023 until his dismissal on 30 August 2024. It was alleged that he initiated and engaged in extensive ongoing electronic communications with female students on social media, drove students to and from non-school related sporting events, and took a photo of students (who were clothed) in an ice bath.
AustraliaEmployment and HR
Carroll & O'Dea
Carroll & O'Dea
Article

Long Service Entitlements In NSW

After five years of continuous service in New South Wales, employees may qualify for pro rata long service leave payments under specific circumstances—even before reaching the standard 10-year threshold. Understanding when these entitlements arise, particularly in cases of illness, incapacity, or pressing necessity, can significantly impact both employees facing career transitions and employers managing termination obligations.
AustraliaEmployment and HR
Carroll & O'Dea
Carroll & O'Dea
Article

The Scope Of A School’s Duty Of Care Revisited

An 11-year-old student suffered a back injury during a long jump trial at a school athletics carnival, leading to a significant Court of Appeal decision that clarifies schools' duty of care obligations. The case examines whether basic safety measures like adequate sand depth and regular pit maintenance constitute reasonable precautions that schools must take to protect students during sporting activities.
AustraliaConsumer Protection
Carroll & O'Dea
Carroll & O'Dea
Article

AI Glasses And Privacy: Are Our Laws Keeping Up?

Australia's new statutory tort for serious invasions of privacy, which commenced in June 2025, is being tested against emerging AI-powered smart glasses technology that can record audio and video discreetly. As these devices become more sophisticated and less detectable, questions arise about whether current privacy laws adequately protect individuals from covert surveillance and data collection in both public and private settings.
AustraliaPrivacy
Carroll & O'Dea
Carroll & O'Dea
Article

2026 Tour De France: Anti-Doping Polices And Enforcement In The Spotlight

The 2026 Tour de France sparked unprecedented controversy when top competitors Jonas Vingegaard and Tadej Pogacar underwent overnight anti-doping tests on the eve of a crucial stage, raising questions about testing protocols and athlete rights. Following Vingegaard's race-ending crash the next day, the cycling world debated whether the disruptive testing procedures violated established standards and contributed to the incident. This examination explores the complex hierarchy of anti-doping authority, the le
FranceMedia, Telecoms, IT, Entertainment
Carroll & O'Dea
Carroll & O'Dea
Article

Can I Return To Work While I Am Receiving Workers Compensation Benefits?

Injured workers in New South Wales often wonder whether they can continue receiving workers compensation benefits while returning to their job. The workers compensation scheme actively encourages safe return to work where medically appropriate, but the process involves careful management of medical certificates, suitable duties, injury management plans, and rehabilitation providers to ensure both recovery and proper benefit calculations.
AustraliaEmployment and HR
Carroll & O'Dea
Carroll & O'Dea