This October, the ACT local government announced several significant changes to both Workplace Health and Safety, Workcover laws, and Long Service Leave laws under the Workplace Legislation Amendment Bill 2025.
Broadly speaking, these changes have been brought in to support the families of those impacted by the death of an employee, including in instances of Workplace Fatality. The schemes also aim to bring ACT in line with other state systems.
Whilst it’s not possible to cover every change, here are a few of the most significant changes that business owners in the ACT need to be across.
Long Service Leave – Paying Out Benefits
Along with changes to things such as Portable Long Service Leave, the laws insert new requirements that business owners must, within a strict 90 day (3 month) timeframe, pay out all long service benefits on Termination of Employment (by either party). Previously, there was a longer grace period for payments (up to 12 months) but now the Government imposes a strict liability on business owners to be on top of this, including with the Death of an Employee.
Changes also include greater powers for inspectors to enter into premises to inspect records, and fines for unreasonable refusal/compliance. Therefore it is vital that business owners keep track of long service leave entitlements.
Important Note: ACT applies a hybrid system, with pro rata payments and full payment at the 7 year mark. Our skilled Employee Relations Team can help answer any questions you may have about your obligations.
Changes to Workers’ Compensation Laws – General
When an incident or injury arises in a Workplace, whether to an employee, worker or other party, serious incidents or injuries are flagged as notifiable incidents. Notifiable incidents require business owners to reach out to Workcover (usually via their insurance), whether a claim ultimately arises.
Changes to laws have clarified the type of incidents that are included as Notifiable Incidents, as well as expanding and clarifying the scope of who falls under this requirement.
Broadly speaking, a notifiable incident now includes:
Serious Injury
- Fracture of Pelvis, skull or facial bones
- Serious bone fractures
- Loss of a bodily function
- Serious head injury now including repeated blows
Dangerous Incident
- Chemical exposure
- Serious fall (which has been amended to include relatively minor falls from heights)
- Other serious incidents
Importantly, the definition of a serious injury or incident has been clarified as something that would normally result as treatment as an in-patient at a hospital. This does not mean that the employee has to be admitted as such, merely that it could be considered as such.
The takeaway is that when in doubt, business owners should:
- Notify their insurer as soon as possible of an incident; and
- Put together a reasonable incident report
Changes to Workers’ Compensation Laws – Death of an Employee
From 1 January 2026 a significant change will be applied for the beneficiaries of those workers who die due to, or in the course of employment.
From this date, a Domestic partner, or another relevant person will be able to apply for a payment from an employer of up to $10,000 ($5000 for non DP), provided that:
- It is done within three (3) months of the passing of the employee
- The Employer has not already paid out in excess of $50,000
Whilst this is not considered an admission of liability, it is still required to be paid out within seven (7) days of a successful application. This amount may also increase subject to CPI Indexation.
Note: This payment is in addition to any other legal claims that an employee’s family may potentially make.
Key Takeaways
In line with the above, it has never been more important or vital that ACT based employers:
- Ensure that their internal WHS systems are up to date and regularly checked
- Keep their employee records are up to date, including long service leave entitlements; and
- Have an incident management plan in place, including incident reports and other documents.
For more information, please contact our Employee Relations Team via email at eradvice@mtaact.com.au, the Legal Team via email at Joshua.burns@mtaact.com.au or call us on (02) 9016 9000.