Should WorkCover keep excluding new claims for mental injury caused mainly by stress or burnout from normal work, except in jobs involving trauma?
WorkCover and stress or burnout claims
Both houses · 7 votes
Background
WorkCover is Victoria's workplace injury compensation scheme. Since the 2023 WorkCover bill, a mental injury claim must involve significant dysfunction, be clinically diagnosed and be mainly caused by work, and injuries caused mainly by stress or burnout from usual work are excluded unless the job routinely involves traumatic events. Claims arising from bullying, harassment or discrimination are not excluded, and the change applies only to injuries after it started. The bill also required a whole-person impairment above 20% to keep weekly payments beyond 130 weeks. The Coalition voted against it in the Assembly and for it in the Council after a committee inquiry and a negotiated premium freeze and review.
What each side said
Summarised from the debate in Parliament, with sources below.
For “agree”
Supporters said the scheme was designed for physical injuries and faced serious financial pressure, with mental injuries about half of costs; the alternative was higher premiums: the scheme "is costing a fortune and it is making injured workers sicker" (Danny Pearson, ALP). The Coalition backed it in the Council after a negotiated premium freeze: it "does strike a balance" (David Davis, Liberal, 5 Mar 2024); the Libertarian also supported it. Moira Deeming (now Family First) also voted on this side.
For “disagree”
Opponents said it strips injured workers of compensation and uses an impairment test unsuited to mental injury: "It strips workers of their rights" (Samantha Ratnam, Greens, Council). Legalise Cannabis, Animal Justice and One Nation also voted against; the Shooters criticised the 20% impairment test and proposed amendments, including one to narrow the stress-and-burnout exclusion to keep cover for unreasonable workloads, but did not vote in the divisions. In the Assembly the Coalition voted against, saying "Injured workers and employers cannot carry the can for failed administration" (Cindy McLeish, Liberal).
How the parties voted
Across the linked votes below. Second and third readings count five times as much as other votes. Parties are in alphabetical order. How this is worked out
| Party | Record | Votes with a party position |
|---|---|---|
| Animal Justice | Consistently against | 5 of 5 |
| Democratic Labour | Did not vote | 0 of 5 |
| Greens | Consistently against | 7 of 7 |
| Labor | Consistently for | 7 of 7 |
| Legalise Cannabis | Consistently against | 5 of 5 |
| Liberal | Mixed | 7 of 7 |
| Libertarian | Consistently for | 5 of 5 |
| Nationals | Mixed | 7 of 7 |
| One Nation | Consistently against | 5 of 5 |
| Shooters, Fishers and Farmers | Did not vote | 0 of 5 |
The votes behind this question
Each vote (division) recorded in Parliament that this question is based on, in date order.
16 November 2023 · Legislative Assembly
Workplace Injury Rehabilitation And Compensation Amendment (Workcover Scheme Modernisation) Bill 2023
- Question put
- Question — That this Bill be now read a second time — put.
- Result
- Question agreed to. Ayes 49, Noes 27.
- Matches “agree”
- An Aye vote
- Weight
- Strong: a second or third reading, counted five times
- Why it's linked
- Second reading (Assembly). Aye = support the bill; agree = Aye.
| Party | Aye | No | Position |
|---|---|---|---|
| Greens | 0 | 3 | No |
| Labor | 49 | 0 | Aye |
| Liberal | 0 | 18 | No |
| Nationals | 0 | 6 | No |
Every name (Ayes 49, Noes 27) in the vote of 16 November 2023
Ayes (49)
Juliana Addison, Jacinta Allan, Colin Brooks, Anthony Carbines, Ben Carroll, Darren Cheeseman, Anthony Cianflone, Sarah Connolly, Chris Couzens, Jordan Crugnale, Lily D'Ambrosio, Daniela De Martino, Steve Dimopoulos, Paul Edbrooke, Matt Fregon, Ella George, Luba Grigorovitch, Bronwyn Halfpenny, Katie Hall, Paul Hamer, Martha Haylett, Mathew Hilakari, Melissa Horne, Natalie Hutchins, Lauren Kathage, Sonya Kilkenny, Nathan Lambert, Gary Maas, Alison Marchant, Kathleen Matthews-Ward, Steve McGhie, Paul Mercurio, John Mullahy, Danny Pearson, Pauline Richards, Michaela Settle, Ros Spence, Nick Staikos, Natalie Suleyman, Meng Heang Tak, Nina Taylor, Kat Theophanous, Mary-Anne Thomas, Emma Vulin, Iwan Walters, Vicki Ward, Dylan Wight, Gabrielle Williams, Belinda Wilson
Noes (27)
Brad Battin, Jade Benham, Roma Britnell, Martin Cameron, Annabelle Cleeland, Chris Crewther, Wayne Farnham, Sam Groth, Matthew Guy, Sam Hibbins, David Hodgett, Emma Kealy, Cindy McLeish, James Newbury, Danny O'Brien, Michael O'Brien, Kim O'Keeffe, John Pesutto, Tim Read, Richard Riordan, Brad Rowswell, Ellen Sandell, David Southwick, Bridget Vallence, Kim Wells, Nicole Werner, Jess Wilson
Official record: Votes and Proceedings Nos 48 to 50 (LA-60-050-02)
16 November 2023 · Legislative Assembly
Workplace Injury Rehabilitation And Compensation Amendment (Workcover Scheme Modernisation) Bill 2023
- Question put
- Question — That this Bill be now read a third time — put.
- Result
- Question agreed to. Ayes 49, Noes 27.
- Matches “agree”
- An Aye vote
- Weight
- Strong: a second or third reading, counted five times
- Why it's linked
- Third reading (Assembly). Aye = support the bill; agree = Aye.
| Party | Aye | No | Position |
|---|---|---|---|
| Greens | 0 | 3 | No |
| Labor | 49 | 0 | Aye |
| Liberal | 0 | 17 | No |
| Nationals | 0 | 7 | No |
Every name (Ayes 49, Noes 27) in the vote of 16 November 2023
Ayes (49)
Juliana Addison, Jacinta Allan, Colin Brooks, Anthony Carbines, Ben Carroll, Darren Cheeseman, Anthony Cianflone, Sarah Connolly, Chris Couzens, Jordan Crugnale, Lily D'Ambrosio, Daniela De Martino, Steve Dimopoulos, Paul Edbrooke, Matt Fregon, Ella George, Luba Grigorovitch, Bronwyn Halfpenny, Katie Hall, Paul Hamer, Martha Haylett, Mathew Hilakari, Melissa Horne, Natalie Hutchins, Lauren Kathage, Sonya Kilkenny, Nathan Lambert, Gary Maas, Alison Marchant, Kathleen Matthews-Ward, Steve McGhie, Paul Mercurio, John Mullahy, Danny Pearson, Pauline Richards, Michaela Settle, Ros Spence, Nick Staikos, Natalie Suleyman, Meng Heang Tak, Nina Taylor, Kat Theophanous, Mary-Anne Thomas, Emma Vulin, Iwan Walters, Vicki Ward, Dylan Wight, Gabrielle Williams, Belinda Wilson
Noes (27)
Brad Battin, Jade Benham, Roma Britnell, Martin Cameron, Annabelle Cleeland, Chris Crewther, Wayne Farnham, Sam Groth, Matthew Guy, Sam Hibbins, David Hodgett, Emma Kealy, Cindy McLeish, James Newbury, Danny O'Brien, Michael O'Brien, Kim O'Keeffe, John Pesutto, Tim Read, Brad Rowswell, Ellen Sandell, David Southwick, Bridget Vallence, Peter Walsh, Kim Wells, Nicole Werner, Jess Wilson
Official record: Votes and Proceedings Nos 48 to 50 (LA-60-050-04)
5 March 2024 · Legislative Council
Workplace Injury Rehabilitation And Compensation Amendment (Workcover Scheme Modernisation) Bill 2023
- Question put
- Question — That the reasoned amendment moved by Samantha Ratnam be agreed to — put.
- Result
- Question negatived. Ayes 8, Noes 26.
- Matches “agree”
- A No vote
- Weight
- Normal
- Why it's linked
- Council reasoned amendment moved by Samantha Ratnam to stop the bill proceeding. Aye = support the amendment (oppose the bill now); agree = No.
| Party | Aye | No | Position |
|---|---|---|---|
| Animal Justice | 1 | 0 | Aye |
| Democratic Labour | 0 | 0 | Did not vote |
| Greens | 4 | 0 | Aye |
| Labor | 0 | 15 | No |
| Legalise Cannabis | 2 | 0 | Aye |
| Liberal | 0 | 8 | No |
| Libertarian | 0 | 1 | No |
| Nationals | 0 | 2 | No |
| One Nation | 1 | 0 | Aye |
| Shooters, Fishers and Farmers | 0 | 0 | Did not vote |
Every name (Ayes 8, Noes 26) in the vote of 5 March 2024
Ayes (8)
Katherine Copsey, David Ettershank, Sarah Mansfield, Rachel Payne, Aiv Puglielli, Georgie Purcell, Samantha Ratnam, Rikkie-Lee Tyrrell
Noes (26)
Ryan Batchelor, Melina Bath, John Berger, Lizzie Blandthorn, Gaelle Broad, David Davis, Enver Erdogan, Jacinta Ermacora, Michael Galea, Renee Heath, Ann-Marie Hermans, Shaun Leane, David Limbrick, Wendy Lovell, Trung Luu, Joe McCracken, Tom McIntosh, Evan Mulholland, Harriet Shing, Ingrid Stitt, Jaclyn Symes, Lee Tarlamis, Sonja Terpstra, Gayle Tierney, Sheena Watt, Richard Welch
Official record: Minutes of the Proceedings Nos. 56, 57 and 58 (LC-60-056-01)
5 March 2024 · Legislative Council
Workplace Injury Rehabilitation And Compensation Amendment (Workcover Scheme Modernisation) Bill 2023
- Question put
- Question — That the Bill be now read a second time — put.
- Result
- Question agreed to. Ayes 27, Noes 8.
- Matches “agree”
- An Aye vote
- Weight
- Strong: a second or third reading, counted five times
- Why it's linked
- Second reading (Council). Aye = support the bill; agree = Aye.
| Party | Aye | No | Position |
|---|---|---|---|
| Animal Justice | 0 | 1 | No |
| Democratic Labour | 0 | 0 | Did not vote |
| Greens | 0 | 4 | No |
| Labor | 15 | 0 | Aye |
| Legalise Cannabis | 0 | 2 | No |
| Liberal | 8 | 0 | Aye |
| Libertarian | 1 | 0 | Aye |
| Nationals | 2 | 0 | Aye |
| One Nation | 0 | 1 | No |
| Shooters, Fishers and Farmers | 0 | 0 | Did not vote |
Independents, each counted on their own: Moira Deeming (Aye)
Every name (Ayes 27, Noes 8) in the vote of 5 March 2024
Ayes (27)
Ryan Batchelor, Melina Bath, John Berger, Lizzie Blandthorn, Gaelle Broad, David Davis, Moira Deeming, Enver Erdogan, Jacinta Ermacora, Michael Galea, Renee Heath, Ann-Marie Hermans, Shaun Leane, David Limbrick, Wendy Lovell, Trung Luu, Joe McCracken, Tom McIntosh, Evan Mulholland, Harriet Shing, Ingrid Stitt, Jaclyn Symes, Lee Tarlamis, Sonja Terpstra, Gayle Tierney, Sheena Watt, Richard Welch
Noes (8)
Katherine Copsey, David Ettershank, Sarah Mansfield, Rachel Payne, Aiv Puglielli, Georgie Purcell, Samantha Ratnam, Rikkie-Lee Tyrrell
Official record: Minutes of the Proceedings Nos. 56, 57 and 58 (LC-60-056-02)
5 March 2024 · Legislative Council
Workplace Injury Rehabilitation And Compensation Amendment (Workcover Scheme Modernisation) Bill 2023
- Question put
- Question — That the Bill be now read a third time — put.
- Result
- Question agreed to. Ayes 27, Noes 8.
- Matches “agree”
- An Aye vote
- Weight
- Strong: a second or third reading, counted five times
- Why it's linked
- Third reading (Council). Aye = support the bill; agree = Aye.
| Party | Aye | No | Position |
|---|---|---|---|
| Animal Justice | 0 | 1 | No |
| Democratic Labour | 0 | 0 | Did not vote |
| Greens | 0 | 4 | No |
| Labor | 15 | 0 | Aye |
| Legalise Cannabis | 0 | 2 | No |
| Liberal | 8 | 0 | Aye |
| Libertarian | 1 | 0 | Aye |
| Nationals | 2 | 0 | Aye |
| One Nation | 0 | 1 | No |
| Shooters, Fishers and Farmers | 0 | 0 | Did not vote |
Independents, each counted on their own: Moira Deeming (Aye)
Every name (Ayes 27, Noes 8) in the vote of 5 March 2024
Ayes (27)
Ryan Batchelor, Melina Bath, John Berger, Lizzie Blandthorn, Gaelle Broad, David Davis, Moira Deeming, Enver Erdogan, Jacinta Ermacora, Michael Galea, Renee Heath, Ann-Marie Hermans, Shaun Leane, David Limbrick, Wendy Lovell, Trung Luu, Joe McCracken, Tom McIntosh, Evan Mulholland, Harriet Shing, Ingrid Stitt, Jaclyn Symes, Lee Tarlamis, Sonja Terpstra, Gayle Tierney, Sheena Watt, Richard Welch
Noes (8)
Katherine Copsey, David Ettershank, Sarah Mansfield, Rachel Payne, Aiv Puglielli, Georgie Purcell, Samantha Ratnam, Rikkie-Lee Tyrrell
Official record: Minutes of the Proceedings Nos. 56, 57 and 58 (LC-60-056-04)
5 March 2024 · Legislative Council
Workplace Injury Rehabilitation And Compensation Amendment (Workcover Scheme Modernisation) Bill 2023
- Question put
- Question — That the amendment be agreed to — put.
- Result
- Question negatived. Ayes 8, Noes 27.
- Matches “agree”
- A No vote
- Weight
- Normal
- Why it's linked
- Council committee vote on amendment JB74C No. 3 (moved by Samantha Ratnam for Jeff Bourman) rewriting clause 5's stress-and-burnout exclusion to keep cover for usual traumatic events and unreasonable workloads. Aye = change the exclusion; agree = No.
| Party | Aye | No | Position |
|---|---|---|---|
| Animal Justice | 1 | 0 | Aye |
| Democratic Labour | 0 | 0 | Did not vote |
| Greens | 4 | 0 | Aye |
| Labor | 0 | 15 | No |
| Legalise Cannabis | 2 | 0 | Aye |
| Liberal | 0 | 8 | No |
| Libertarian | 0 | 1 | No |
| Nationals | 0 | 2 | No |
| One Nation | 1 | 0 | Aye |
| Shooters, Fishers and Farmers | 0 | 0 | Did not vote |
Independents, each counted on their own: Moira Deeming (No)
Every name (Ayes 8, Noes 27) in the vote of 5 March 2024
Ayes (8)
Katherine Copsey, David Ettershank, Sarah Mansfield, Rachel Payne, Aiv Puglielli, Georgie Purcell, Samantha Ratnam, Rikkie-Lee Tyrrell
Noes (27)
Ryan Batchelor, Melina Bath, John Berger, Lizzie Blandthorn, Gaelle Broad, David Davis, Moira Deeming, Enver Erdogan, Jacinta Ermacora, Michael Galea, Renee Heath, Ann-Marie Hermans, Shaun Leane, David Limbrick, Wendy Lovell, Trung Luu, Joe McCracken, Tom McIntosh, Evan Mulholland, Harriet Shing, Ingrid Stitt, Jaclyn Symes, Lee Tarlamis, Sonja Terpstra, Gayle Tierney, Sheena Watt, Richard Welch
Official record: Minutes of the Proceedings Nos. 56, 57 and 58 (LC-60-058-09)
5 March 2024 · Legislative Council
Workplace Injury Rehabilitation And Compensation Amendment (Workcover Scheme Modernisation) Bill 2023
- Question put
- Question — That clause 5, as amended stand part of the Bill — put.
- Result
- Question agreed to. Ayes 27, Noes 8.
- Matches “agree”
- An Aye vote
- Weight
- Normal
- Why it's linked
- Council committee vote "That clause 5, as amended stand part of the Bill" — the clause containing the stress-and-burnout exclusion. Aye = keep the exclusion; agree = Aye.
| Party | Aye | No | Position |
|---|---|---|---|
| Animal Justice | 0 | 1 | No |
| Democratic Labour | 0 | 0 | Did not vote |
| Greens | 0 | 4 | No |
| Labor | 15 | 0 | Aye |
| Legalise Cannabis | 0 | 2 | No |
| Liberal | 8 | 0 | Aye |
| Libertarian | 1 | 0 | Aye |
| Nationals | 2 | 0 | Aye |
| One Nation | 0 | 1 | No |
| Shooters, Fishers and Farmers | 0 | 0 | Did not vote |
Independents, each counted on their own: Moira Deeming (Aye)
Every name (Ayes 27, Noes 8) in the vote of 5 March 2024
Ayes (27)
Ryan Batchelor, Melina Bath, John Berger, Lizzie Blandthorn, Gaelle Broad, David Davis, Moira Deeming, Enver Erdogan, Jacinta Ermacora, Michael Galea, Renee Heath, Ann-Marie Hermans, Shaun Leane, David Limbrick, Wendy Lovell, Trung Luu, Joe McCracken, Tom McIntosh, Evan Mulholland, Harriet Shing, Ingrid Stitt, Jaclyn Symes, Lee Tarlamis, Sonja Terpstra, Gayle Tierney, Sheena Watt, Richard Welch
Noes (8)
Katherine Copsey, David Ettershank, Sarah Mansfield, Rachel Payne, Aiv Puglielli, Georgie Purcell, Samantha Ratnam, Rikkie-Lee Tyrrell
Official record: Minutes of the Proceedings Nos. 56, 57 and 58 (LC-60-058-10)
Sources
- EM
- Second reading (Danny Pearson (Minister for WorkSafe and the TAC), 2023-11-01)
- Opposition (Cindy McLeish, 2023-11-15)
- Crossbench (Sam Hibbins, UNVERIFIED at date of speech)
- Crossbench (Samantha Ratnam, Greens (per division record; not in current members JSON))
- News: ABC News (2023-05-19)
- Full list: Sources tab (21 items).
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