VICTORIA: A SAFER PLACE TO WORK ? NOT BLOODY LIKELY!!!

From the Minister for Workcover
Thursday, 31 January 2008

WorkSafe Victoria has launched its latest advertising campaign in an effort to
further reduce the number of Victorian workers injured in the workplace.
Launching the campaign today, the Minister for Finance, WorkCover and the
Transport Accident Commission, Tim Holding, said nearly 80 Victorian workers
were still being injured every day and urged Victorians to make 2008 the safest
on record for workplace safety.“We’ve had a great deal of success in recent years
in reducing the number of workplace injuries but history shows that if we let
our guard down this can quickly change,” Mr Holding said.

Mr Holding said that last year there were 28,856 injury and illness claims in
Victoria, the equal owest on record.

There were 22 workplace fatalities in 2007, down from 29 the previous year.

WRONG! MR HOLDING, THERE WAS 131 WORKPLACE FATALITIES
LAST YEAR! GET YOUR FACTS RIGHT AND BEFORE YOU MAKE ANY
FURTHER CHANGES TO THE ACCIDENT COMPENSATION ACT
OTHERWISE, YOUR'E JUST DOING ANOTHER KENNETT CON!

“The introduction of new health and safety laws in 2005 placed greater
emphasis on consultation between managers and workers on health and
safety issues and dealing with hazards and risks, which has made
a real difference to the way that safety is approached.“But laws alone are
not enough.“It requires support from the whole community, which is why
WorkSafe is continually seeking new and innovative ways to spread its message.

“It’s crucial we utilise new ways of getting the safety messages across, from
logos on country football and netball players, to billboards and the electronic
media.“The aim of each strategy is to remind everyone that we all have a
right to return home at the end of the day.”

Mr Holding said the new TV advertisement, ‘School Play’, built on the
award winning ‘Homecomings’ advertisement from 2006, reminding
Victorians that a workplace injury can mean that the whole family misses
out on the ‘little things’, like a father and son kicking the footy together.

The ‘Homecomings’ advertisement was so popular it has since been adopted
by other safety regulators around the country and is now seen in NSW,
Queensland and Western Australia.“This new advertisement builds on this
theme, reminding people that it is not only those who are injured that suffer
when workplace accidents occur, it’s the entire family,” he said.

Mr Holding said that 2008 would see the Victorian Government continue to
raise the bar on health and safety by responding to the recommendations of the
OHS Act review, carried out in 2007, as well as working with the Federal
Government and other states to increase OHS harmonisation across Australia

THE ONLY WAY THAT THE VICTORIAN GOVERNMENT COULD RAISE
THE BAR FOR VICTORIAN WORKERS MR HOLDING, IS TO SACK
WORKSAFE COMPLETELY, AND FOR YOU TO STOP TELLING US LIES!

WORKPLACE SAFETY STRENGTHENED FOLLOWING REVIEW

From the Minister for Workcover
Tuesday, 17 June 2008

Victorian workplace safety will be even stronger following the Brumby
Government’s response to a review of the landmark Occupational Health and
Safety Act 2004. Minister for Finance, WorkCover and the TAC Tim Holding
said the Government had accepted the majority of the review’s
recommendations to ensure Victoria remains a leader in workplace safety.

“The response I am releasing today fulfils a commitment made by the
Government to review the legislation to ensure it is working effectively,”
Mr Holding said.“This review confirms that the legislation introduced in 2004
provides the right framework for Victorian businesses and workers.”Mr Holding
said the recommendations required WorkSafe Victoria to undertake
changes of an operational nature.WorkSafe has already implemented
or is in the process of implementing many of the recommendations in
the review.“The review overwhelmingly shows the implementation of the
legislation has been a smooth process, but fine tuning of operational matters
will further assist workers and employers,” Mr Holding said.

Mr Holding said the Government fully supported the review’s
recommendations relating to:

Improved resolution of safety issues in the workplace;
Revised guidance for workplace consultation;
Greater flexibility and support for workplace representation; and
Providing improved certainty around compliance requirements.

The Government’s response also committed to greater protection of employees
who raise OHS issues.“Employees and their OHS representatives have an
important role in ensuring that safety issues are identified before they
become a problem and supporting these roles will lead to further
improvements in workplace safety,” he said.

The review was completed after extensive consultation with trade unions
and employer associations.

It was conducted by Mr Bob Stensholt MP, who also led the consultation
process following Mr Chris Maxwell QC’s review of the 1985 Act.“I would
like to thank Mr Bob Stensholt MP for the outstanding contribution he
made in conducting this important review,” he said.

The review report was released in December 2007 and it can be found,
along with the Government’s response at: www.worksafe.vic.gov.au

Little Timmy Holding - Bite Me !

We have re-named you "NODDY" can you see the similarities?

------------------------------------------------------

And, we want you to know we are really pissed off now because..!

------------------------------------------------------

Little Timmy knows that..........

---------------------------------------------------

And last but not least a message left at the Desk........

From WCV's

Raeburn v Tenix Defence Systems Pty Ltd

27 June 2007

The Hon Timothy Holding
Minister for Finance
Level 5, 1 Macarthur Street
MELBOURNE VIC 3002
Email: timothy.holding@parliament.vic.gov.au

Dear Minister

The Law Institute of Victoria (LIV) writes to you in support of a proposal from
the Common Law Bar Association (CLBA) made by letter dated 31 May 2007 to
amend section 134AB of theAccident Compensation Act 1985 (the Act).

This follows the recent Court of Appeal decision of Raeburn v Tenix Defence
Systems Pty Ltd [2007] VSCA 90 (Raeburn’s case). The LIV has also
received a copy of the letter dated 14 May 2007 sent to you from Ms Patsy
Toop, solicitor for MrRaeburn, calling for similar legislative amendment.

For the reasons expressed in the above correspondence, the LIV believes that
the amendment to section 134AB proposed by the CLBA should be adopted.

The LIV believes that the proposedamendment ought to be legislated for the
following reasons:

· While there are other unfair provisions in the Act, the LIV considers that,
from a reading of section 134AB as a whole, subsection 134AB (28) has "slipped
through". Other provisions sometimes criticised as unfair may have been included
by design in order to contain the costsof the scheme whereas the outcome of this
provision appears to be accidental. In the LIV’sview, the result of Raeburn’s case
seems to have no logical foundation.

· Failure to legislate the amendment as proposed will put further pressure on an
already burdened court system as plaintiffs’ potentially prejudiced by the outcome
of Raeburn’s case make applications for expedited trials. In turn, this has implications
for court resources and funding.

· It is also appropriate for the proposed legislative amendment to section 134AB
to be retrospective in effect to apply to Mr Raeburn as the current situation is
manifestly unfair to him. The LIV’s understanding is that there are very few cases
similar to Mr Raeburn’s, meaning that the proposed amendment will not create
any significant costs implications for the Victorian WorkCover Authority but,
at the same time, will level the playing field, to some extent, for all cases not yet
heard.

The LIV urges that you address the current situation under the Act, which had
led to the outcome of Raeburn’s case and amend section 134AB (28) to be
consistent with the legislative proposal suggested by the CLBA.

Yours sincerely
Geoffrey Provis
President
Law Institute of Victoria


Elissa Campbell
ecampbell@liv.asn.au
(03) 9607 9386

NCSI ‘alarmed‘ at ECPR rubber stamp

National Council of Self Insurers chair Robin Shaw has criticised Peter Hanks,
QC's endorsement of Vic WorkSafe's efficient component pricing rule (ECPR)
formula (WCR 708).

"The endorsement of WorkSafe's ECPR formula is in reality a proposal for a
new tax on large companies self insuring in Vic. In our opinion, the formula is far
too volatile and confers fee increases on some companies of the order of 600%,
with the majority at least doubling the current fees."

Shaw told WCR Hanks's suggested lift in excess of loss insurance thresholds
would not offset those fee increases. "These latest moves are unlikely to
encourage corporate boards to make long-term investments in Vic, and this
will remain the case as long as there is a perceived bias against self-insurance
(and by inference, large businesses) in Vic govt circles," he said.

Vic self insurers were "frustrated" by the turn of events, Shaw said. Two years
ago the govt referred the contributions formula to a neutral third party - the
Essential Services Cmn (ESC). The ESC generally endorsed the formula proposed
by the Self Insurers Assoc of Vic (SIAV) and, more importantly, the ESC required
accountability from WorkSafe on its expenditure as part of that equation.

"The ECPR approach does not do that. In effect, the Hanks report has discarded
the findings of an independent body brought in by the govt itself that required
transparency from the regulator. It has substituted a discredited economic
model proposed by very the regulator [that] demands massively increased fees."

Shaw said he struggled "to rationalise how such a recommendation came to be
made. The govt called in the ESC, didn't get the answer it wanted, swept the
ESC findings under the carpet and has prevailed on Hanks to recommend the
regulator's preferred model". The Access Economics input to the Hanks review
did not "in my view present a compelling argument in favour of the model, but
rather seems to be simply defensive of it", he said.

SIAV's economic advisor warned that in endorsing the ECPR model, 'the
Hanks review would need to assert either superior insights (or an assessment
of fundamentally different circumstances) to those formed and expressed by
the judgments of economic regulators, tribunals and govts in Aust, NZ and the
UK', Shaw recounted.

"I don't think the Hanks report demonstrates any superior insights to those
of the regulators, govts and judicial bodies here and overseas that have
rejected the ECPR model. Its introduction in the face of evidence that the
ECPR model is discredited will be a most adverse development in the
competitiveness of the Vic economy." Meanwhile, SIAV chair Steve Irving
told WCR the assoc was "concerned" how the Hanks review unfolded. Irving
said SIAV learned late last week that responses to the Hanks report had to
be submitted by last Friday, "when SIAV had been previously advised by
WorkSafe Minister [Tim Holding] that the response period extended to the
end of Oct. This seems to be a poor way to handle such a crucial review".

A spokesperson for Holding was unavailable at presstime.

Workers Compensation Report, Issue 712, October 28, 2008

CONSULTATION ON THE FINAL REPORT OF THE ACCIDENT COMPENSATION ACT REVIEW

WCV's: Isn't this typical of Holding and his office

We here at workcover victims were not informed of these meetings
by Holdings office or via any advertising and they all have my
email & postal address.

We are assuming that Mr Holding wants no opposition to this report
so he chose not to tell anyone about the public meetings!!!

We can still effect any of these changes by forwarding our objections
via email. The address is printed at the bottom of this post.

Following the release of the Final Report of the Accident Compensation
Act Review by the Hon. Tim Holding MP, Minister for Finance,
WorkCover and the Transport Accident Commission, the Government
is seeking feedback from the community on the recommendations for
change which have been made by Peter Hanks QC, who conducted
the review.

The Hanks Report contains over 150 recommendations for change,
and providing an opportunity for further consultation will assist in
the development of the Government’s response to the Report’s
recommendations.

The Government has appointed Mr Peter Rose to lead the consultation.
Mr Rose has been involved as a lead adviser to a number of Australian
Government insurance reviews and has also advised the Victorian
Government on insurance issues. Mr Rose will provide an opportunity
for the community to provide feedback at a number of community open
forums as follows:

20 October 2008
Melbourne CBD
8.30 -10.30am
Telstra Conference Centre Theatrette, Level 1, 242 Exhibition St, Melbourne

20 October 2008
Bendigo
3 - 5pm
Quality Resort, All Seasons Bendigo, 171-183 McIvor Rd, Bendigo

21 October 2008
Traralgon
3 ? 5pm
Quality Inn, Latrobe Convention Centre,
5601 Princes Hwy, Traralgon

To secure your place at any of the forums, please register your interest by:
Telephone: (03) 9641 1904 or
Email: act_review@worksafe.vic.gov.au
Registrations close on Friday 17 October 2008.

If you are unable to attend the forums, however would like to provide
comments on the recommendations contained in the Hanks Report, please
forward your comments to act_review@worksafe.vic.gov.au by close of
business, 24 October 2008.

Electronic copies of the Hanks Report are available
at www.compensationreview.vic.gov.au

Printed copies can be requested by email to
act_review@worksafe.vic.gov.au

Further information about the Review, its Terms of Reference and copies
of public submissions are also available at www.compensationreview.vic.gov.au

WORKERS COMPENSATION LEGISLATION REVIEW RELEASED FOR CONSULTATION

Friday, 26 September 2008

An independent review into Victoria’s workers compensation legislation
was released for community consultation today. Minister for WorkCover,
Tim Holding, said the independent review was conducted by Peter Hanks QC.

Mr Hanks consulted widely throughout the process of producing his report,
receiving over 150 submissions and engaging in over 100 hours of face-to-face
consultation. “This is the first independent Review of Victoria’s workers
compensation legislation in over 20 years,” Mr Holding said.

“I thank Mr Hanks for his work as we now embark on a period of further
consultation to assist in the development of the Government’s response
to the report’s recommendations.“While we have the best workers
compensation system of any jurisdiction in Australia, we will look to this
process for further ways to improve the support and services provided
to injured workers and reduce the administrative burden on Victoria’s
employers.

”The review contains over 150 recommendations that will be the subject
of further consultation.Mr Holding said the Government would
receive and consider feedback from the community before
commenting on the report’s recommendations.( Make sure you
do Mr Holding)

The Government has appointed Mr Peter Rose to lead the
consultation. Mr Rose has been involved as a lead adviser
to a number of Australian Government insurance reviews
and has also advised the Victorian Government on insurance
issues.

WCV's: All injured workers need to write to Mr Rose with our
complaints and free will letters to prevent many of the unfair
and unreasonable review suggestions form being implemented

“The Government will also review the financial and operational viability
of the recommendations to ensure the Government response is affordable,
sustainable and appropriate,” Mr Holding said.

Electronic copies of the Hanks Report will be available
at http://www.compensationreview.vic.gov.au/

Printed copies can be requested by email to act_review@worksafe.vic.gov.au

Mr Holding thinks another expensive review will repair the system and protect Victorian Workers! - Will someone tell this guy to get with the program!

Just what injured workers need, another review!!!

Why don't worksafe just make the employers compliant instead
of wasting all this money on reviews?

This funding could go to the injured workers whom still have
no common law rights!

Media Release: Tuesday, 17 June 2008

Victorian workplace safety will be even stronger following the Brumby
Government’s response to a review of the landmark Occupational Health
and Safety Act 2004.

Minister for Finance, WorkCover and the TAC Tim Holding said the Government had accepted the majority of the review’s
recommendations to ensure Victoria remains a leader in
workplace safety.

“The response I am releasing today fulfils a commitment made by the
Government to review the legislation to ensure it is working effectively,
” Mr Holding said.“This review confirms that the legislation introduced
in 2004 provides the right framework for Victorian businesses and
workers.”Mr Holding said the recommendations required WorkSafe
Victoria to undertake changes of an operational nature.

WorkSafe has already implemented or is in the process of implementing
many of the recommendations in the review.“The review overwhelmingly
shows the implementation of the legislation has been a smooth process,
but fine tuning of operational matters will further assist workers and
employers,” Mr Holding said.Mr Holding said the Government fully supported the review’s recommendations relating to:

• Improved resolution of safety issues in the workplace;
• Revised guidance for workplace consultation;
• Greater flexibility and support for workplace representation; and
• Providing improved certainty around compliance requirements.

The Government’s response also committed to greater protection of employees who raise OHS issues.“Employees and their OHS representatives have an important role in ensuring that safety issues are identified before they become a problem and supporting these roles will lead to further improvements in workplace safety,” he said.

The review was completed after extensive consultation with trade unions and employer associations. It was conducted by Mr Bob Stensholt MP, who also led the consultation process following Mr Chris Maxwell QC’s review of the 1985 Act.

“I would like to thank Mr Bob Stensholt MP for the outstanding contribution he made in conducting this important review,” he said.

The review report was released in December 2007 and it can be found, along with the Government’s response at: www.worksafe.vic.gov.au

Financial crisis wipes $600m off value of Worksafe investments

Article from: The Herald Sun
Written By: John Ferguson
September 27, 2008

VOLATILE financial markets have stripped nearly $600 million
off the value of WorkSafe Victoria's investment pool.

The huge fall has sparked alarm bells about Government investments
after the Wall St crisis. WorkSafe accounts show its investment returns
falling nearly 10 per cent in the past financial year amid fears the falls
will have intensified after June 30.

The Brumby Government and WorkCover have defended WorkSafe's
position, arguing the diversified portfolio had achieved gains of more than
6 per cent a year for the past five years.

The $600 million was a net loss on investments for 2007-08.

Finance Minister Tim Holding said the body that manages the state's
workplace safety system was still in strong shape. "Over the past 12
months investments have out-performed the Australian stockmarket
average and since 1999 they have created an extra $1.1 billion through
their carefully managed investment portfolio," Mr Holding said through
a spokesman.

WCV's: So why is Mr Holding telling us that the government cannot
afford to include the injured workrs of the Kennett Era?

Opposition finance spokesman Gordon Rich-Phillips warned that there
might be worse to come, adding forecast reforms to workers' compensation
could add an extra burden to business. "You can't be just loading up the
WorkCover scheme with additional costs," Mr Rich-Phillips said.
Despite the investment blow, the state's workplace injury insurance
scheme remains fully-funded.

WorkSafe chair Elana Rubin said the investment hit needed to be seen
in context. "During the previous four years WorkSafe, like most other
major investors, achieved investment returns far in excess of the long-term
expected return and these drove high net profit outcomes," Ms Rubin said.
Her comments came as the Government released the independent review
into Victoria's workers' compensation legislation. Performed by Peter Hanks,
QC, the review recommendations -- if backed -- would lead to sweeping
changes about the way the system works.

WCV's response to Mr Holding re: fixworkcover campaign letter

Dear Mr Holding,

Thank you for you correspondence received August 7th 2008 in relation to
my letter sent via the VTHC website.

I was led to believe that Mr Hanks QC would be providing the government his
report this month? Can you please verify to WCV’s what date we can expect this
report to be made available to the public?

I am extremely concerned about your understanding of my recent correspondence
as I believe that my concerns more than peripherally relate to the objects of this
review.

I have personally been effected by this system and fully understand and
comprehend the changes Mr Hanks will make and its effect on my families lives.

So for your total understanding of my correspondence I have discussed my
concerns and complaints further so as; I may receive your total understanding
of the issues raised.

The VWA claims that psychological and psychiatric injuries are a major problem
and its right. Psychological and psychiatric injuries inflict massive suffering on
the 3,000 workers who receive stress injuries at work each year.

The Review being conducted by Mr Hanks QC wants to solve the problem by
taking most stress claims out of the system as a "work-place injury".
Mr Hanks also said that a psychological and psychiatric injury that arises
from any “reasonable management action” shouldn’t count as a work-place
injury.

Of course from WorkSafe’s point of view this would solve this problem, and if
these changes are passed then an injured worker would be left on the scrap heap
without medical care or financial support. The Review also wants to force these
workers to take part in mediation and/or workplace counselling before liability
for their claim is considered.

The VTHC says including “any reasonable management action” as a reason to
not accept claims discriminates against injured workers with psychological and
psychiatric injuries, and will result in the vast majority of stress claims not being accepted.Worksafe Victoria holds the record for rejecting new claims by injured
workers. It rejects 14.1% per year when in Queensland, only 3.8 % are rejected.

Worksafe Victoria is the most profitable system of workers compensation in Australia.
It makes a profit of more that $1 billion a year and pays more than $700 million
a year into state government coffers.

Since 2004 Worksafe has cut employers premiums by 45% saving them $2 billion
and despite WorkSafe’s profits and its gifts to employers and its support of country
football it still fails to provide quality care for injured workers.

Under the Hanks recommendations premiums will be cut by another 6% reducing
even further, the funds available to care for injured workers. What’s wrong with
this picture?

We here at Workcover Victims and the Trades Hall Council want every
Victorian to let the government know that it's time Worksafe was for workers,
not for employers and to include the following inclusions into its changes and
provide some form of protection for injured workers in Victoria.

1. Increase Weekly Payments

Currently, injured workers' weekly benefits are cut after 130 weeks, unless
they are able to demonstrate that they have "no work capacity" for any
employment and that this incapacity is likely to continue indefinitely.

The VTHC says the period of entitlement to weekly benefits should be
increased to 260 weeks, or five years.

How much should injured workers get?

The Victorian system of weekly payments is one of the worst in Australia.

The Hanks Review refused to examine the payments regime and made only
one slight improvement. Currently workers get 95% of pre-injury average
weekly earnings (PIAWE) including overtime for 13 weeks, then 75% up to
26 weeks, then 75% (less overtime) until 130 weeks.

The only change that Hanks has recommended is that after 13 weeks the
percentage increases to 80%.

The VTHC says that there should be an increase in the level of weekly
payments to 100% of PIAWE for the first 12 months, then 80% for the
duration of the entitlement period.

How should the payments be calculated?

The current manner, in which PIAWE is calculated whilst including piece work,
does not include allowances, commissions, bonuses, salary packaging etc.
This means that effective rates of weekly payments often fall well below the
current 95% and 75% rates in the Act. The VTHC says the calculation should
be based upon "normal weekly earnings" that incorporates pay structures,
including overtime, shift penalties and all other benefits and not based solely
on ordinary rates of pay for normal hours worked.

2. Make Automatic Payments.The delays that exist between a worker being
injured and getting their first weekly payment causes major financial hardship
and means that vital medical and rehabilitative services are delayed.

The VTHC says full provisional liability should be introduced to provide weekly
benefits and medical and like expenses within 7 days of a claim being made.

3. Cover All Stress Injuries.The Workcover Authority claims that
psychological/psychiatric injuries are a major problem. It's right;
these injuries inflict massive suffering on the workers who have them.

Mr Hanks wants to solve the problem by taking most stress claims out of
the system as a work-place injury that workers receive compensation for
from Workcover. He says a psychological/psychiatric injury that arises from
any "reasonable management action" shouldn't count as a work-place injury.

From Workcover’s point of view this would solve the problem, but a worker
would be left on the scrap-heap without medical care or financial support.

Every year about 3000 people receive stress injuries at work. The Review
also wants to force these workers to take part in mediation and/or workplace
counselling before liability for their claim is considered. The VTHC says
including "any reasonable management action" as a reason to not accept
claims discriminates against injured workers with psychological/psychiatric
injuries, and will result in the vast majority of stress claims not being accepted.

4. Improve Dispute Resolution Process.If your right to be compensated for a
work-place injury is challenged, your first port of call is the Accident
Compensation Conciliation Service (ACCS). But now, the toothless tiger
may be stripped of its few remaining powers and reduced to a mere talking
shop. Although it's been a toothless tiger for years, it is still a place where
injured workers can make some progress in claiming their rights.

Mr Hanks wants the have the ACCS's powers reduced so that it's a mere
talking shop and have Workcover dictate most of what it does. This would
see at least an extra 6000 claims being forced into the courts for resolution.

The VTHC estimates it will cost workers and employers at least an extra
$60 million a year. This means $30 million each more than the current system.
It would be a lawyers' picnic. It would blow-out the delays in court resolutions
of Workcover claims by at least two years. And extend the suffering and delay
medical treatment for injured workers. It would stop the treatment of injuries
that should be treated and fixed quickly. It would turn basic ordinary injuries
into a battle ground that would prevent workers from pursuing their claims
and create a financial gift to lawyers. For Injuries that could be fixed fast and
the worker back to work quickly, it would extend the process into a complex
legal battle that would mean that the injuries would become long-term and
chronic. This is an ill-considered and, in practice, a mad plan.

The VTHC says workers' claims must be resolved quickly. Unions want a
one-stop shop that has the power to conciliate issues - and - if that fails,
arbitrate. The unions' solution is speedy, simple, fair and economically
efficient. It would deliver the best results for workers and employers.

5. Improve Return to Work Rights for WorkersMr Hanks proposes to remove
from the law most, if not all, of the employer obligations in the return to work
process and move them to guidance material, regulations and codes of
compliance. He also proposes that OH&S reps be the ONLY people -
apart from the injured worker - who can represent an injured worker
in the return to work process. This is a fundamental attack on an injured
worker's right to make their own decision about who represents them at
a critical period in their life. The VTHC says the obligations must remain
in the Act, an injured worker should be able to choose anyone to represent
them and the whole process must be reformed to improve the rights of injured
workers, increase the obligations on employers to return injured workers
to meaningful work.

6. Stop Discrimination.Injured workers are amongst the most discriminated
against groups in the community. But it doesn't just start after they lodge their
Workcover, it can happen if their employer thinks they are going to lodge a
claim. And it isn't just the injured worker who faces discrimination, it can
include anyone who encourages or helps an injured to lodge a claim.

Mr Hanks merely wants to bring the Workcover Act's anti-discrimination
provisions into line with the OHS Act. This doesn't go far enough. The VTHC
says the Act must be changed to prevent all forms of discrimination against
the injured worker or work-mates that may be assisting them in their claim.

7. Bring Outworkers inOutworkers are the most vulnerable workers in Victoria.
Their hours are long and they are regularly the victims of unscrupulous
employers. Mr Hanks says the Act merely needs to be clarified to properly
cover outworkers. But this does not go far enough. Even if it is clarified, the
law won't address the sham working arrangements forced on outworkers
by their employers. The VTHC says existing provisions need not only to
be clarified but also changed to ensure coverage for outworkers. Protection
should not be limited to natural persons and sole employee companies but
should also extend to all sham arrangements.

Now Mr Holding, do my comments only peripherally relate to the objects
of the review?

I have clearly outlined my expectations of this system and its review.

Yours Sincerely,
Workcover Victims

Now after writing the above letter to Mr Holding he hasn't even bothered to
respond too it?

If he is going to continue to ignore his responsibilities then he should be
removed from his office because he is ignoring the very people he was
employed to help!

If you cant take the criticism Mr Holding then resign your position and allow
someone to take over who cares about their job and the injured workers of
Victoria!

Hanks Report threatens stress claims

The ASU and other unions in Victoria are campaigning against proposed
changes to WorkCover that will restrict stress claims.

The changes have the potential to impact on workers, including ASU members,
by making it harder to receive compensation from stress claims.
Following a review of the Accident Compensation Act, it has been
recommended that the Act be amended to exclude all stress injury claims that
arise from any “reasonable management action”.

The proposed change is in direct contradiction to the underlying principle of the
Victorian WorkCover system that it is a “no fault” system, whether on the part
of the employer or the worker.

If this change happens, it would create a two-tiered system, with a worker who
has suffered a psychological injury required to demonstrate that the actions of
his or her employer were unreasonable, whereas if the injury were physical the
worker would simply have to show that the injury happened at work to obtain
statutory benefits.

The ASU and other unions find this recommendation an affront to worker’s
rights and a weakening of the laws designed to protect workers.
Each year about 3000 people receive stress injuries at work. If the
recommended changes go ahead, it is predicted that the vast majority of stress
claims will not be accepted in the future.

The ASU is lobbying the Brumby Government to stop the proposed changes.
Victorian workers deserver better and injured workers deserve the best system.

Has the workplace legislation been ignored?

It seems that Mr Holding is not concerned about injured victorian workers.

The evidence lies in the media releases he has not made in the last two
years. Since December 2006 the ministers office has only released 4
media documents. It's obvious that workplace victims are placed well at
the bottom of the Governments food chain!