COMPARISON OF WORKERS' COMPENSATION ARRANGEMENTS
BENEFITS
QUEENSLAND
TASMANIA
NORTHERN
TERRITORY
A.C.T.
NEW ZEALAND
  26 weeks:
  13 weeks:
  26 weeks:
Totally incapacitated workers: For 26
For weeks 2 5
Workers under
100% of weekly
Normal weekly
weeks after the incapacity date, the
of incapacity,
award or industrial
payment i.e. the
earnings (NWE) i.e.
worker is entitled to receive weekly
weekly
agreement   the
greater of normal
worker's
compensation equal to the worker's
compensation is
average pre incapacity weekly earnings. S
greater of:
weekly earnings
normal working
39 (2)
paid at 80% of the
(NWE) for the
hours per week at
short tem rate
(a) 85% of the
period of twelve
hourly rate,
After the 26 weeks, the worker is entitled
(defined on page
to receive weekly compensation equal to: if
worker's normal
months prior to the
including overtime
100% of the worker's average pre 
25).
weekly earnings
period of
and shift penalties
incapacity weekly earnings is less than the
From the 5th week,
(NWE); or
incapacity, or
(where worked in a
pre incapacity floor for the worker 100%
weekly
(b) amount payable
ordinary time rate 
regular and
of the worker's average pre incapacity
compensation is
under the worker's
of  pay for work
established
weekly earnings;  S 39(3)(a) or if 100% of
paid at 80% of the
award or
engaged in prior to
pattern)
the worker's average pre incapacity weekly
earnings is more, but 65% of those
long term rate
agreement
incapacity
(defined on page
>  26 weeks:
earnings is less, than the pre incapacity
Workers not under
floor for the worker (i.e. the statutory
25). Maximum
> 13 weeks:
Whichever is the
award or
floor);  S 39(3)(b) or if 65% of the worker's
weekly
85% of weekly
greater of:
agreement   the
average pre incapacity weekly earnings is
compensation is
payment
(a) 75% of NWE to
greater of:
more than the pre incapacity floor for the
$NZ1,365.05
a maximum of
worker: whichever of following is (at the
>  52 weeks:
$1,226.40; or
time of payment) more:
Weekly
(a) 85% of NWE
70% of weekly
(b) $408.80 plus
compensation is
(b) 70% of QOTE
(i) 65% of the worker's average pre 
payment
$102.20 for a
incapacity weekly earnings; or
reduced by a
QOTE (Queensland
dependant spouse
(ii) the statutory floor. S 39(3)(c)(i)(ii)
proportion of any
Ordinary Time
Entitlement to
and $51.10 for
earnings derived
Statutory floor means the federal
Earnings) is
weekly payments
each dependent
minimum wage decided from time to time
during the period
currently $800.40
ceases on the
child; or 90% of
by the Australian Industrial Relations
of incapacity
>  26 weeks:
expiration of 10
NWE (whichever is
Commission under the Workplace
A minimum rate
Relations Act 1996 (Cwlth).
All workers   
years after the date
the lesser)
for full time
the greater of:
of the incapacity.
Partially incapacitated workers: 
earners applies
(a) 65% of NWE
Minimum rate:
For 26 weeks after the incapacity date, 
after 5 weeks of
the worker is entitled to receive weekly
(b) 60% of QOTE
$310.00
incapacity, set at
compensation equal to the difference
80% of $NZ320, or
between:
104 weeks to
(a) the worker's average pre incapacity
80% of $NZ256 for
5 years: Workers
weekly earnings; and (b) the average
people under the
with work related
weekly amount that the worker is being
age of 18 years
impairment (WRI)
paid for working or could earn in
Payment of weekly
of more than 15%  
reasonably available suitable employment.
compensation
the greater of:
S 40(2)(a)(b)
continues until:
In working out the average weekly amount
  the person is
(a) 65% of NWE
the worker could earn, consideration may
assessed as no
(b) 60% of QOTE
be given to the following:
longer
Workers with WRI
(a) suitable employment that the worker
unreasonably rejects;
incapacitated for
less than or equal
normal work, or
to 15%, receive an
(b) suitable employment that the worker
has a capacity for
amount equal to
obtains but unreasonably discontinues.  S
40(3)(a)(b)
work for which
the Department of
they are otherwise
Social Security
After 26 weeks have passed since the
suited, or
single 
incapacity date  S 41(1)(b), the worker is
entitled to receive weekly compensation
  the person
person pension
equal to the difference between the weekly
returns to
rate
amount the worker is being paid for
employment and
Total amount
working and:
derives earnings
payable for weekly
(a) if 100% of the worker's average pre 
higher that their
benefits is
incapacity weekly earnings is less than the
pre injury earnings
$157,955
statutory floor 100% of the worker's
average pre incapacity weekly earnings;  S
  the upper age
41(2)(a) or
limit rules apply
(b) if the relevant percentage of the
worker's average pre incapacity weekly
earnings is less than the statutory floor 
the statutory floor;  S 41(2)(b) or
(c) if the relevant percentage of the
worker's average pre incapacity weekly
earnings is more than the statutory
ceiling the statutory ceiling;  S 41(2)(c) or
(d) in any other case the relevant
percentage of the worker's average pre 
incapacity weekly earnings.  
S 41(2)(d)
NB. Statutory ceiling, in relation to an
amount, means 150% of AWE at the time
the amount is to be paid.
Heads of Workers' Compensation Authorities  21
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