Compensation

Everyone should have access to fair compensation when they have sustained an injury through no fault of their own.

Every day, people are injured at work, in the community, on the roads, in hospitals, on the streets and in detention. For many, an injury has a significant impact on their life, altering their relationships, health, income, where they can live, and their dreams for the future.

Australian Lawyers Alliance (ALA) members represent individuals who are living with significant injuries, fighting powerful companies and governments to ensure their clients receive the justice they deserve.

We continue to be inspired by our clients' stories of our clients. The work of our members and their clients helps to protect other people from being injured in the future.

The ALA advocates for change to ensure that people have access to fair compensation, and retain their existing rights.

Across Australia, governments have sought to slash compensation available for individuals who have suffered injury at work or on the roads. Compensation available for other injuries continues to be under threat. We fight to protect the rights of the injured in order to ensure that they are able to continue to enjoy life and make choices that are right for them.

Our members advocate for fair compensation on issues such as:

  • transport accidents;
  • workers’ compensation;
  • medical negligence;
  • institutional abuse, including the Royal Commission into Institutional Responses to Child Sexual Abuse;
  • victims of crime; and
  • unlawful detention.

Here is an overview listing of our compensation-related submissions to date:

Submission To Date
Superannuation: Assessing Efficiency and Competitiveness
Stage 3: Assessing Efficiency and Competitiveness
Productivity Commission 11 July 2018
2018 review of the workers compensation scheme Standing Committee on Law and Justice 20 June 2018
Mental Health and Insurance The Honourable Kenneth Madison Hayne AC QC 14 June 2018

National Redress Scheme for Institutional Child Sexual Abuse Bill 2018 and related bill

Senate Standing Committees on Community Affairs

Report

23 May 2018
Changes to Motor Accident Guidelines

State Insurance Regulatory Authority (SIRA)

11 May 2018
Proposed responses to the Royal Commission's civil litigation recommendations Department of Justice NSW 13 April 2018
The need for regulation of mobility scooters, also known as motorised wheelchairs Senate Standing Committees on Rural and Regional Affairs and Transport 13 March 2018
WorkCover Queensland's decision to withdraw work from regional lawyers The Hon. Grace Grace MP, Qld Minister for Industrial Relations February 2018

Improving workers compensation dispute resolution in NSW

NSW Department of Finance, Services and Innovation 16 February 2018

Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill 2017 and related Bill

Supplementary Submission:

  1. Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill 2017 (submitted 22 February 2018)

Senate Standing Committees on Community Affairs

Report

2 February 2018
Establishment of the Australian Financial Complaints Authority (AFCA) Consultation Paper AFCA Transition Team, Financial Services Unit, The Treasury 17 November 2017

Statutory review of the State Insurance and Care Governance Act 2015

Standing Committee on Law and Justice

Report

6 November 2017

Insurance Draft Insurance in Superannuation Code of Practice and consultation paper

The Insurance in Superannuation Working Group (ISWG) 18 October 2017
Treasury Laws Amendment (Putting Consumers First—Establishment of the Australian Financial Complaints Authority) Bill 2017

Senate Standing Committees on Economics

Report

29 September 2017
Competition in the Australian Financial System Productivity Commission 22 September 2017
Superannuation: Assessing Competitiveness and Efficiency Productivity Commission 4 September 2017

National Disability Insurance Scheme Costs (Response to Position Paper released on 14 June 2017.)

Productivity Commission

Position Paper

Report

12 July 2017
Submission to the ISWG's discussion paper Member communication and engagement

The Insurance in Superannuation Working Group (ISWG)

Code of Practice

2 June 2017

Best practice review of Workplace Health and Safety Queensland

Supplementary Submission:

  1. Supplementary Submission regarding Best Practice Review of Workplace Health and Safety Queensland (submitted June 2017)

Queensland Government

Report

May 2017
Submission to the ISWG's discussion paper Claims handling

The Insurance in Superannuation Working Group (ISWG)

Code of Practice

10 May 2017

Review of the Lifetime Care and Support Scheme

And subsequent appearance at public hearing, on 2 June 2017. (Genevieve Henderson can be read from p3.)

NSW Parliament Standing Committee on Law and Justice

Report

5 May 2017
Review of the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 (SA) Parliament of South Australia Social Development Committee 21 April 2017
Public Health (Infection Control) Amendment Bill 2017 (QLD)

Health, Communities, Disability Services and Domestic and Violence Prevention Committee

Report

20 April 2017
Submission to the ISWG's discussion paper Account balance erosion due to insurance premiums The Insurance in Superannuation Working Group (ISWG) 7 April 2017
Review of National Disability Insurance Scheme Costs

Productivity Commission

Position Paper

Report

24 March 2017
An inquiry into consumer protection in the banking, insurance and financial sector Senate Standing Committees on Economics 7 March 2017
The provision of services under the NDIS for people with psychosocial disabilities related to a mental health condition

Joint Standing Committee on the NDIS

Report

27 February 2017
The provision of hearing services under the National Disability Insurance Scheme (NDIS)

Joint Standing Committee on the NDIS

Report

30 January 2017
Joint letter regarding the first review of the workers' compensation scheme Standing Committee on Law and Justice, NSW Legislative Council 30 November 2016
Joint letter in response to the Government’s Discussion Paper Reforming Insurer Profit in CTP Motor Vehicle Insurance NSW State Insurance Regulatory Authority 25 November 2016

Inquiry into the life insurance industry

And subsequent appearance at public hearing, on 24 February 2017. (Josh Mennen, ALA spokesperson on insurance and superannuation, can be read from p18.)

Parliamentary Joint Committee on Corporations and Financial Services 18 November 2016
Inquiry into the Return to Work Act 2014 (SA) and Scheme SA Occupational Safety Rehabilitation and Compensation Committee 31 October 2016
First review of the workers' compensation scheme Standing Committee on Law and Justice 10 October 2016
Review of the Queensland CTP Scheme Motor Accident Insurance Commission 16 September 2016
Legal Profession response to CTP Reform Consultation Observations

NSW CTP Reform Reference Panel

CTP Reform Consultation Observations - 2 September 2016

9 September 2016
Joint letter to CTP Panel - NSW CTP insurance scheme reform NSW CTP Reform Reference Panel 23 August 2016
Joint letter to CTP Panel - NSW CTP insurance scheme reform NSW CTP Reform Reference Panel 29 July 2016
Preliminary submission - commissions and payments review Australian Bankers Association Independent review
of product sales commissions
and product based payments
29 July 2016
Submission on the Workers' Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Bill 2016 Queensland Parliament Education, Tourism, Innovation and Small Business Committee July 2016
Third party claims on compensation money NSW Law Reform Commission 25 May 2016
First review of Compulsory Third Party (CTP) insurance scheme NSW Standing Committee on Law and Justice 13 May 2016
Submission on the National Injury Insurance Scheme (Queensland) Bill 2016 Queensland Parliament Education, Tourism, Innovation and Small Business Committee May 2016

Additional terms of reference - submission on life insurance industry

Senate Standing Committee on Economics 15 April 2016
Regulation of pre-injury average weekly earnings NSW State Insurance Regulatory Authority 8 April 2016
Inquiry into a fair and balanced model for implementing the National Injury Insurance Scheme Queensland Parliament
Communities, Disability Services and Domestic and Family Violence Prevention Committee
8 January 2016
Consultation on the Regulation of Legal costs for Work Capacity Decision Reviews NSW State Insurance Regulatory Authority (SiRA), Consultation on the Regulation of Legal Costs for Work Capacity Decision Reviews 1 December 2015
Independent Review of the Operation of the National Disability Insurance Scheme Act 2013 Independent Review of the NDIS Act 9 October 2015
Providing redress for institutional abuse in Victoria: Critical next steps Department of Justice, Victoria 2 October 2015
Inquiry into Schedule 2 of the Veterans’ Affairs Legislation Amendment (2015 Budget Measures) Bill 2015 Senate Foreign Affairs, Defence and Trade Committee, Inquiry into Veterans’ Affairs Legislation Amendment (2015 Budget Measures) Bill 2015 11 September 2015
Remedies for the serious invasion of privacy in New South Wales NSW Standing Committee on Law and Justice, Inquiry into remedies for the serious invasion of privacy in NSW 4 September 2015
Restoration of rights for injured Queensland workers QLD Finance and Administration Committee, Inquiry into the Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2015 6 August 2015
FOI: 449 incidents reported to Comcare by the Department of Immigration and Border Protection as noted in the DIBP Annual Report Department of Comcare 12 June 2015
Issues Paper 8: experiences of police and prosecution responses Royal Commission into Institutional Responses to Child Sexual Abuse, Issues Paper 8; Experience of police and prosecution responses 12 June 2015
Undermining the Comcare Scheme Senate Education and Employment Legislation Committee, Inquiry into the Safety, Rehabilitation and Compensation Amendment (Improving the Comcare Scheme) Bill 2015 28 April 2015
National Injury Insurance Scheme, Workplace Accidents: Ensuring sustainability and consumer choice Department of Treasury, NIIS Regulation Impact Statement, Workplace Accidents Consultation 12 April 2015
Limitation periods in civil claims for child sexual abuse NSW Department of Justice 10 March 2015

Redress and civil litigation: Providing effective remedy for survivors of abuse

And subsequent appearance at public hearing, on 27 March 2015. (Dr Andrew Morrison SC can be read from p13796).

Royal Commission into Institutional Responses to Child Sexual Abuse, Consultation paper on redress and civil litigation 2 March 2015
Return to Work Bill and the South Australian Employment Tribunal Bill (SA) Attorney-General's Department, South Australia 12 September 2014

Proposed changes to the Comcare Scheme: Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014 (Cth)

Senate Standing Committee on Education and Employment, Inquiry into the Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014 (Cth) 5 June 2014
National Injury Insurance Scheme: Motor Vehicle Accidents Department of Treasury, National Injury Insurance Scheme, Motor Vehicle Accidents, Consultation Regulation Impact Statement 30 May 2014
The NDIS Rules: The missing core of the Scheme, NDIS Rules Consultation Paper NDIS Secretariat March 2013
NSW Disability Services Act review NSW Parliament 23 February 2013
Towards a better scheme: Certainty, Accountability, Empowerment, Sustainability: The NDIS Bill 2012 (Cth) Senate Standing Committee on Community Affairs January 2013
Key issues for feedback Royal Commission into Institutional Responses to Child Sexual Abuse 26 November 2012
The SA CTP Green Paper Economics and Finance Committee, Inquiry into the SA CTP Scheme 9 November 2012
Eligibility and reasonable and necessary support: Draft descriptions released by the Select Council on Disability NDIS Secretariat 28 September 2012
The Australian Lawyers Alliance signed the Open letter to the NSW Attorney-General, Victims Compensation Vital for Victims Open letter to the NSW Attorney-General regarding proposed changes to NSW victims' compensation 25 September 2012
ALA submission to the Family and Development Committee, Inquiry into the handling of child abuse by religious and other organisations VIC Family and Development Committee, Inquiry into the handling of child abuse by religious and other organisations (which led to the publication of the Betrayal of Trust report) 3 July 2012
Workers compensation and Newstart: Analysis of transition for injured workers Senate Education, Employment and Workplace Relations
Committee regarding the Inquiry into the adequacy of the allowance payment
system for jobseekers and others.
July 2012
Review of the NSW Victims' Compensation Scheme Response to the Review of the NSW Victim's Compensation Scheme conducted by PriceWaterhouseCoopers 30 April 2012

Response to Public Discussion Paper: South Australia's Compulsory Third Party Insurance Scheme, 2012 Green Paper

Executive summary and recommendations

Department of Treasury (SA), South Australia's Compulsory Third Party Insurance Scheme Green Paper April 2012
Eleventh Review of the MAA and MAC NSW Standing Committee on Law and Justice 3 November 2011
Proposed amendments to Part 8: Attendant Care Guidelines NSW Lifetime Care and Support Authority 11 August 2011
Review of the Lifetime Care and Support Scheme NSW Standing Committee on Law and Justice August 2011
Review of the Motor Accidents Authority and Motor Accidents Council NSW Standing Committee on Law and Justice August 2011
Regulation of Service Providers in the NSW Workers' Compensation System (WorkCover NSW Discussion Paper) WorkCover NSW 26 May 2011
Eligibility criteria for amputees under LTCS Scheme NSW Lifetime Care and Support Authority 18 May 2011