Asking the right questions in the workers' compensation debate

28 May 2025

CEO Update

Workers' Compensation legislation is before parliament this week. There has been, and continues to be, a heated debate. It is a complex system that needs reform.

A couple of weeks ago, there was a parliamentary inquiry into the proposed changes.

Submissions and evidence were provided by a wide range of organisations, including unions, employers, mental health advocates, economic analysts, lawyers, and, of course, NCOSS and many of our members.

Since then, the proposed reform has been dominating headlines. As is often the case, there is value in shifting our view and our understanding beyond the headlines. I've spent some time this week deeply engaging with the substance of those submissions and talking to our members.

Maybe it is because NCOSS comes at this issue from multiple perspectives that we see a breakdown in shared purpose so acutely:

We represent employers facing the financial pressure of rising premiums driven by the escalation in mental health claims.
We represent services that are stretched to deliver the support that people with psychological injuries rely upon, and are highly cognisant of the pressure on our own workers.
We are a sector with a deep commitment to supporting those who experience trauma, health issues and other disadvantages while they are experiencing that vulnerability.

So how do I reconcile these perspectives when looking at the current legislation?

First, the government has a responsibility to run a sustainable employer-funded workers' compensation scheme that targets support to those who are injured at work.

Second, prevention is always preferable to cure. Where the scheme identifies areas of rising claims, it needs to act decisively to intervene early and help people return to work.

Third, new rules, processes and principles need to be evidence-based and driven by the real experiences of the people accessing the system, rather than imposed from the top down to hit a financial target.

These three critical steps are only possible when the disparate stakeholders work with the government in a trusted relationship, one built on recognising the common good over their own sectional interests.

Informed by NCOSS’s unique position as employer, service provider and advocate, I can see a way through this current impasse.

It starts with anchoring the reforms not to scheme cost but to scheme purpose: too many people are suffering psychological injuries at work, and we need to embrace a statewide effort to address the cause and effect.
This includes grappling with the challenges of new work arrangements, especially the responsibility of employers in an era when more workers operate remotely.
We need to embed zero tolerance to sexual harassment, bullying and other forms of discrimination at the centre of every workplace.
When workers are struggling, we need better and more immediate support to ensure they are not left isolated, disengaged, and damaged.

Through this lens, it is possible to reach a point of shared purpose to achieve scheme sustainability and support the health and well-being of people who work in New South Wales. We need to get the defining questions right.

NCOSS spoke to Dr Debbie Jaggers, State Manager NSW, National Disability Services.

Can you tell us a little bit about the work you do?

NDS is the peak body for disability service providers across Australia. We are a member-based organisation and we focus on advocating for the issues that matter most to members, supporting members to navigating the changing environment and making it easier for members to run their organisations. Our work has synergies and relevance across the broader health and social care sector.

Our day-to-day work can range from individual member support through to events such as our regional Sector Connect and our Insights to Action event in Sydney. In NSW we also run virtual quality and workforce networks sharing updates and sharing good practice through member spotlights.

In the state manager role, as you might imagine, I spend a good proportion of my time engaging with Ministers and their offices, NSW departments, other NSW entities and collegiate peak bodies such as NCOSS advocating on the issues that matter most to members. We have certainly appreciated and acknowledged the engagement and collaborative working with a number of NSW departments and entities and peak bodies.

How much of a factor is mental health in the issues your services support?

Having worked in aged care, health and disability, I would say that disability service provision is some of the hardest and most rewarding work there is in health and social care. People are drawn to the sector because they are committed to supporting people with disability live their best lives.

The health and social care sector and specifically the disability sector are industries where frontline staff are often exposed to risk of physical and psychological injury due to the nature of the work. It is important that there are safeguards and preventative strategies to support workers.

What are some of the measures you’ve taken to support the well-being of your own workers?

NDS has been very pleased to provide opportunities through the workforce network and through our events to be able to showcase member organisations that are doing fantastic work in this space. Disability service CEOs and senior leaders have talked about the multiple strategies they have put in place to create an organisational culture that enables employees to thrive.

Creating psychological safety to enable staff to raise concerns, driving behaviours aligned to the organisational values and addressing poor performance effectively and fairly are just some of the examples shared. CEOs regularly highlight that investment in these types of strategies result in significant improvements in staff wellbeing and retention.

What has been the impact of higher workers compensation insurance premiums on your operations?

Published analysis demonstrates that the disability sector in NSW experiences the highest premiums in Australia. Continued cost increases in NSW will likely contribute to closure of service delivery for disability in NSW and most likely the closure of shared living services (Supported Independent Living).

There is a strong case for reform in NSW. Now is a critical time for workers compensation reform in NSW. Reforms are needed to manage genuine claims in a timely manner and support timely return to work with a strong investment in prevention strategies. We highlighted our concerns and advocacy in our correspondence to the recent inquiry.

The government has proposed changes to workers compensation that would place a greater emphasis on prevention. What sort of proactive steps would you like to see them take?

NDS supports an increased focus on prevention as part of the NSW Government response to the recent inquiry. NDS has collaborated with SafeWork NSW and icare NSW on strategies to date and there is more to be done. NDS would particularly call out the need to continue the investment in 'Design for Care'. icare NSW invested in this work with a research consortium partnering with providers including disability providers to test work redesign interventions using the SMART Design for care approach to reduce the risk of psychological injury.

The lead research Professor Sharon Parker is a global lead in this field. As demonstrated in the recent Design for Care showcase these workplace interventions do improve staff wellbeing. NDS is looking forward to working with icare NSW on the next steps to spread and scale this evidence-based work to support more workers and organisations.

Once again, NSW has been hit by devastating floods. If you or your organisation has been impacted, you may be eligible for financial support.

Here is a round up of links to help you find support:

The NSW Government is providing the latest information on recovery support, Flood Recovery Updates.

NSW SES has information on Evacuation Centre locations and hours www.ses.nsw.gov.au/during-an-emergency/evacuation-centres

Your Local Government Disaster Dashboard brings together all hazard and Emergency Services information for your area. Go to your Local Government website.

We will keep the NCOSS Flood & Storm Resources webpage updated with the latest information for services supporting communities impacted by floods and severe weather events.
Mental health support is available. For support any time call Lifeline on 13 11 14, or call the NSW Mental Health Line on 1800 011 511 to speak to a specialist mental health service. To talk with an Aboriginal or Torres Strait Islander crisis supporter, call 13YARN on 13 92 76.
Maintaining health during and after floods and storms: Understand how to reduce the risk of injury, sickness or infection during and after floods and storms. Pharmacists can supply many essential prescription medicines for people who have lost their prescription or prescription medicines. For free instant health advice 24/7 call Healthdirect on 1800 022 222.

From 1 July 2025, portable long service leave scheme for the community services sector will commence in NSW, to recognise the essential and valuable contribution of workers across the industry.

Key points:

The scheme is mandatory for eligible employers and workers (full-time, part-time and casual). Self employed workers can opt in.
Workers can accrue up to 6 weeks’ paid leave after 7 years of service — even if they change employers.
Workers in employment and registered in the first 6 months of the scheme will receive a bonus year of service – i.e. claim long service leave after 6 years.
Employers must register themselves and their employees with the Long Service Corporation (LSC) from 1 July 2025.
Employers must keep records and set aside a 1.7% levy on ordinary wages on a quarterly basis from 1 July 2025. Payment of the levy to LSC will starting via an online portal in April 2026.

Get ready for the launch by visiting www.longservice.nsw.gov.au to:

Check employee and employer eligibility
Download the Industry Toolkit
Sign up for updates
Book info sessions for your workplace
Access factsheets and FAQs (soon to be released)

To learn more

Join open sessions (regional & metro) by LSC - call 13 14 41 or email communityservices@longservice.nsw.gov.au.
ASU NSW will also hold member sessions in June and July – call 02 9310 4000 or email membership@asu.org.au.

What is the review about?

In April 2025, the Fair Work Commission found evidence of gender-based undervaluation in certain SCHADS Award classifications. On 6 May 2025, it released a discussion paper outlining provisional steps to address this issue.

Click for the Commission’s discussion paper.

What does the review propose?

While the Commission’s recognition of gender-based undervaluation is welcome, aspects of the proposed restructure are cause for concern. The Commission proposes replacing the current SCHADS classification structure (Schedules B to F) with a single, simplified structure that includes common wage rates for work of equal or comparable value.

The proposed changes signal the removal of the Equal Remuneration Order (ERO), which could result in lower wages for some current and future workers—despite the Commission’s assurance that no worker will be worse off. The proposal also appears to overlook the complexity and diversity of roles in the sector which must be accounted for accurate and fair wages structure. These factors risk reinforcing the very gender-based undervaluation the Commission aims to correct.

What is being done?

The Commission has invited submissions from interested parties by 28 May 2025. NCOSS contributed to a joint submission with the Councils of Social Service (COSS) Network, including ACOSS. In the submission, the COSS Network called for:

Retaining the ERO rates as the minimum standard for any new wage structure;
Ensuring no worker—current or future—is financially worse off;
Undertaking extensive consultation with the sector; and
Allowing adequate time and resources for developing and implementing the new structure, including government funding to ensure wage security.

The Commission is holding two conferences in June (June 4 in Sydney and June 17 in Melbourne) to consult on the proposal.

NCOSS will provide updates on the development of the reform, including an information session for its members in the coming weeks.

The NSW Tenants' Union celebrated new tenancy laws by holding an action at Sydney's Town Hall square with speakers, cake and a giant "Goodbye No Grounds, Don't Come Back!" envelope signed on behalf of all renters in NSW.

The new changes that came into effect on 19 May mean that 'no grounds' evictions are unlawful, it is a little easier to have pets in your home, and rental payment rules have been improved.

The Tenants’ Union has updated many of their key factsheets to bring them into line with the new laws. Find them here.

Are you a person with a disability or a young carer aged 15-29, living in Australia?

Fill out one of these surveys about how you define good listening, and whether you feel listened to by the organisations and services in your lives!

There are two surveys to choose from: a long survey and a short survey, but both are co-designed by young people with disability and young carers.

To access the long survey: https://survey.phonic.ai/6667c2ce64650633d1c665b2

To access the short survey: https://survey.phonic.ai/668b5eb971bfe42659a1c134

To learn more about the project, visit the website.

Have your say and help ensure the technology needs of our sector are seen, understood and acted upon.

The report is a critical research initiative in its 10th year that helps us showcase the need for sector support to upscale technology capabilities. NFPs can benchmark against criteria to evaluate where technology can help them improve efficiencies or better protect the sensitive data they hold from increasing digital threats.

Findings from this report are regularly used by government, corporate philanthropy and peak bodies to inform policy, direct funding and drive better digital outcomes for the sector. But to get in front of policymakers, the survey needs a strong response.

The survey closes 5pm, Friday 6 June. Take the survey here.

Young Carers Awareness Training
Carers NSW
3 June, Online
Free | Register here

Carers NSW is facilitating this 45 minute online session to support educators and service providers to identify young carers, understand their experiences and needs, and connect them with the right supports.

In this session we will share information about:

Who young carers are
What they are doing for the people they care for
Some of the impacts that they can experience while juggling school, work and their caring role
Some of the current research around young carers
Information about supports for young carers

Unmasking Coercive Control
Central Coast Domestic Violence Committee & LEAD Professional Development
17 June, Tuggerah
$100 | Register here

Join Jess Hill and leading subject matter experts to experience a holistic, and informed forum about the complexity of coercive control, the progress of the coercive control legislation introduced last year, primary prevention and relevant insights into identifying coercive control as a practitioner.

Gain a deeper understanding of coercive control and how it differs from other abusive behaviors.
Delve into the role of early intervention and primary prevention in combating coercive control.
Learn to identify the subtle signs and tactics used by perpetrators to exert control over their victims.

Disability Support Pension Webinar
Welfare Rights Centre
3 July, Online
Free | Register here

Our free webinar explains the complex DSP rules that determine eligibility by working through the multi-layered assessment process, including eligibility criteria, evidence requirements, and key steps in the claim process.

Speakers cover manifest eligibility, Impairment Tables, Programs of Support and job assessment capacity. They also explain temporary exemptions from mutual obligations to look for work for those struggling to gain access to DSP.
This session covers important points about obtaining the right medical evidence, including who can be considered a medical expert, and gives direction about the content of letters and necessary forms.

Supporting neurodivergent young people using violence in the home
Centre for Excellence in Child and Family Welfare
30 July, Online
$260 | Register here

Supporting neurodivergent young people using violence in the home requires a specialised, therapeutic approach—one recognising their unique needs while ensuring the safety and wellbeing of their families.

The Centre, in collaboration with Dr Amanda Mullin (Doctor of Clinical Psychology and Director, Mindworx Psychology), is offering a three-hour interactive training designed to equip professionals with the skills and strategies needed to work effectively in these complex situations.

National Carers Week Grants
Closing Date: 23 June 2025

This year National Carers Week will be held from Sunday 12 October to Saturday 18 October 2025. This grant aims to recognise and celebrate carers through a range of events and activities.

This year carer support groups and organisations from across NSW will be able to apply for a grant between $200-$500 to celebrate and recognise the contribution of family and friend carers in their communities by holding local events and activities.

For more information, please visit the grant information page.

Some of the latest from our Jobs Board:

Family Caseworker (Inner West Sydney) - Community Action for Better Living - VIEW JOB

Direct Services Rural and Regional Counsellor/Project Officer (Armidale) - NSW STARTTS - VIEW JOB

Individual Giving Specialist (Sydney) - ACON - VIEW JOB

Creating Futures Bail Advocacy Program Youth & Family Caseworker (Inner City Sydney) - WEAVE - VIEW JOB

Support Worker (Western Sydney) - St Vincent de Paul Society - VIEW JOB

Communication & Advocacy Officer (Sydney Wide) - Youth Action - VIEW JOB

Operations Manager (Inner City Sydney) - Detour House Inc - VIEW JOB

Anti-Violence Case Worker (Inner West Sydney) - Leichhardt Women's Community Health Centre - VIEW JOB

Project Manager - Aboriginal-Led Commissioning (Sydney CBD) - AbSec - VIEW JOB