On 13 May 2020 the NSW Parliament passed the Covid-19 Legislation Amendment (Emergency Measure – Miscellaneous) Bill 2020 which amended the workers compensation legislation with respect to claims made by employees who contract Covid-19. The amendments only refer to it covering the “aged care facilities” in the aged care sector.

This change means that for employees who work in specified sectors (including in aged care facilities), who contract COVID-19 and then make workers compensation claims, it will be presumed (unless the contrary is proven) that they contracted the disease at work. This will mean that these employees will have a compensable workplace injury. This was done with no consultation with those industries impacted by this legislation.

LASA is aware of the significant impact that this will have on members in NSW. LASA is seeking clarification on this matter and will continue to keep members informed as further information is obtained.

In the interim, LASA’s Employment Relations Team is available to provide assistance on 1300 111 636 or email employmentrelations@lasa.asn.au