MPs’ Awards: WorkCover-up

HENDRIK GOUT
30/05/2009 4:00:00 AM

State MPs have awarded themselves generous benefits to isolate themselves
from the financial effects of workplace injuries, while voting to cut the benefits
of other South Australians. Parliament mid-last year approved sweeping
changes to the WorkCover legislation, which covers most working South
Australians seriously hurt or crippled long-term at work.

Under the new laws, injured employees have to apply for their claim to be
accepted. If it’s rejected, they must go through a dispute process before a
special tribunal.

For about three months they’re guaranteed their average weekly salary,
but after that their payments are reduced by 10 per cent and later by a
further 10 per cent.

“The WorkCover scheme appears not to apply to members of parliament
because we do not fit within the definition of employees or workers under
the Workers Rehabilitation and Compensation Act,” Greens MP Mark
Parnell told The Independent Weekly.

“Instead, MPs are provided for under the Personal Accident Compensation
Scheme policy and, in some instances, of permanent incapacity or invalidity
under the Parliamentary Superannuation Act 1974.”

Mr Parnell raised the abnormality while WorkCover cuts were debated in
Parliament.

“The MPs’ scheme provides for payments for the injury or death of a family
member where the Government is satisfied that the person was injured or
killed as a result of his or her relationship with a member in his or her official
capacity,” Mr Parnell said.

“What a remarkable provision that is. On those rare occasions when a member
of my family might need to accompany me to an official work-related event,
if something happens to them, they are covered as well. I wonder whether any
other workers in South Australia with a spouse or children would have that
benefit as well.”

The answer to that is no. Family members are not covered under WorkCover.
The Personal Accident Compensation Scheme policy states that the Government
carries its own risk in relation to MPs’ cover and will make lump-sum payments
and pay medical and other expenses to members injured “out of any circumstance”
anywhere in the world. “The MPs’ Personal Accident Compensation Scheme
appears to be the result of a policy decision rather than being legislated,” Mr
Parnell said.

Another MP, the Independent Member for Mitchell Kris Hanna, said it
appeared from his reading of the rules that an MP could take a virtually
unlimited number of sick days.

This compares with most industrial awards, which limit the time most employees
can get to 10 days. An MP needs Parliament’s approval but once granted, the
MP could take months off at full pay by claiming illness, and just as long for a
workplace injury – also at full pay the entire time.

SA Unions secretary Janet Giles yesterday criticised the difference between the
way MPs treat each other, compared with legislation they pass affecting their
constituents.

“Workers in SA still injured after 130 weeks compulsorily go before a medical
panel with no representation rights and no appeal,” Ms Giles said.

“If they are found to have any capacity for any work at all, then their payments
are completely stopped. Lump sum payments for loss of limb or body function
will only be paid if the injury is greater than 5 per cent of the whole of their
body, so someone who loses a finger or is badly scarred will receive no
payment at all.

“And while most South Australians aren’t covered going to work and back, that
seems not to be the case for MPs.”

Mr Parnell said parliamentarians ought to also examine their other benefits,
including superannuation.

“Complaints of double standards will be difficult to bat off if we are not going to
apply to ourselves exactly the same standards that apply to other workers,”
he said.

The WorkCover Bill passed Parliament with cross-bench dissenters.
What they can get away with ? MPs don’t play by the same rules as most
South Australians. Technically they could turn up to Parliament for five
minutes once a month and not be in breach of any rules.

They would be paid at their full rate, well over $100,000 a year with a fully-
paid, fuelled and insured car and generous allowances.

Under the rules they need parliamentary approval to be away for 10 consecutive
sitting days, but Parliament normally sits just three days a week, and even
then only every second week with two full months without any sitting at all.
Between November this year and the start of February next year, it will sit for
just six days.