COMPARISON OF WORKERS' COMPENSATION ARRANGEMENTS
COVERAGE
COVERAGE
COMMONWEALTH*
VICTORIA
NEW SOUTH
SOUTH 
WALES
AUSTRALIA
Retirement provisions
Comcare:
Section 5 of Accident
Section 52 of the
Section 35(5) of the
Section 23 of the Safety,
Compensation Act 1985
Workers' Compensation Workers' Rehabilitation
Rehabilitation and
defines `retirement age'
Act 1987 provides that a and Compensation Act
Compensation Act states
as:
worker's entitlement to
1986 states that weekly
that compensation for
(a) if there is a normal 
weekly compensation
benefits cease at
incapacity is not payable
retiring age for workers
benefits continues only
normal retirement age.
to a person who reaches
in the occupation in
until one year after the
This is defined as
the age of 65 years.
which the worker was
age at which the
either the normal
However, section 134
employed at the time of
worker would become
retirement age for
states that when former
the injury   that age; or
eligible to receive the
workers in employment
employees to whom
age pension
of the kind from which
(b) the age of 65 years,
section 131, 132, or 132A
the worker's disability
whichever is earlier
If the injury occurs
(special transitional
after this age, weekly
arose, or 65 years of
provisions relating to
A worker is not entitled
benefits will be paid for
age, whichever is the
former employees)
to weekly payments
one year after the date
lesser
applies reach 65, their
after attaining
of injury
Section 35(5A) states
amount of compensation
retirement age
Other benefits, such as
that workers who are
payable per week shall
However, if a worker is
hospital, medical,
within six months of
be reduced by a formula
injured within 52 weeks
rehabilitation costs and
retirement age, or have
defined in the Act.
of attaining retirement
access to common law
passed the normal
Following amendments
age, or after attaining
and lump sums, are
retirement age for the
to the SRC Act in October retirement age, the
able to be claimed
industry and are still in
2001, an employee who
worker is entitled to
irrespective of age
employment, are
suffers a compensable
weekly payments for not (These restrictions do
entitled to weekly
disease or injury at any
more than the first 52
not apply to injuries
payments for a period
age after 63 years, is
weeks (whether
received before 30 June of up to six months;
entitled to receive
consecutive or not) of
1985)
this does not apply to
incapacity benefits under
incapacity for work
working directors, or to
the Act for a maximum
contractors
period of 104 weeks.
No weekly payments
Seacare: 
are payable after a
Under Section 38 of the
worker reaches 70
Seafarers Rehabilitation
years of age
and Compensation Act
1992, compensation for
incapacity is not payable
to a person who reaches
the age of 65 years,
except in the case of a
person who is injured
after the age of 64 years,
in which case
compensation is payable
for 12 months
All other benefits (such
as medical and
permanent impairment)
are payable in full,
irrespective of a person's
age at the time of injury,
without any time limits
on their payment
* Unless otherwise
stated, information
provided applies to both
Comcare and Seacare
Heads of Workers' Compensation Authorities  16
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