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Workers' compensation : one more step for federalism?

journal contribution
posted on 06.12.2017, 00:00 by Kristy RichardsonKristy Richardson
In March 2007 the High Court handed down its decision in Attorney-General for the State of Victoria v Andrews [2007] HCA 9. The decision permitted Optus to opt out of the Victorian Workers’ Compensation scheme and gain national workers’ compensation coverage under the Commonwealth’s scheme. In reasoning reflective of the Workchoices decision (New South Wales v Commonwealth [2006] 81 ALJR 34; 231 ALR 1) the majority of the High Court was of the opinion that ability to offer insurance for workers’ compensation was not within the exclusive jurisdiction of the states. That a state-based employer is now able to insure on a national basis represents one more step for federalism at the expense of the states.

Funding

Category 1 - Australian Competitive Grants (this includes ARC, NHMRC)

History

Volume

28

Issue

4

Start Page

186

End Page

192

Number of Pages

7

ISSN

0312-1658

Location

Pyrmont, NSW

Publisher

Lawbook Co

Language

en-aus

Peer Reviewed

Yes

Open Access

No

External Author Affiliations

Faculty of Business and Informatics; Not affiliated to a Research Institute;

Era Eligible

Yes

Journal

Queensland lawyer.

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