Crucial COVID Safety Net Saved
By Angus Skinner
PANSW Research Manager
An unfair onus on frontline workers
In May 2020, NSW Parliament passed a raft of legislation that would be important to operating under the unprecedented challenges of the pandemic.
The significant problem recognised was that frontline workers who contracted COVID-19 may find it impossible to determine whether they were exposed at work or off duty.
If they couldn't determine the source of exposure, time off work and medical costs would not be covered by workers' compensation.
This task would be impossible in many circumstances; how could a police officer, who had spent their week apprehending criminals, helping members of the community, but also doing their grocery shopping or spending time with family, prove they contracted COVID at work?
Frontline workers were in harm's way every day and couldn't work from home or remain completely socially distanced. Facing this risk without the safety net of workers' compensation would have been unacceptable.
Protection for members
In the December 2021 issue of PANSW Police News, our member Sergeant Lenny Kerr shared the life-threatening ordeal he experienced after contracting COVID-19. He was hospitalised and off-work for an extended period and was incredibly ill. He faced long-term health consequences, including a close brush with amputation and even death.
Without access to financial assistance through workers' compensation, the awful situation would have worsened.
To avoid that occurrence, Greens MP David Shoebridge moved an amendment to protect essential workers exposed to COVID-19. The amendment presumed that if certain essential workers contracted COVID-19, they contracted it at work. Therefore, the insurance company would have to show exposure occurred off duty, rather than making Police prove they caught COVID-19 on duty.
NSW Parliament agreed to the amendment on 13 May 2020. For the entirety of the pandemic, NSW Police Officers have faced the monumental challenges of COVID with a sliver of protection via access to workers' compensation.
However, when another wave of COVID hit NSW in November 2021, the NSW Government announced it would scrap this protection - placing the onus on Police to prove their exposure occurred at work.
Taking a stand
Your Association and unions representing a variety of frontline and essential workers opposed the repeal. They immediately mobilised to prevent it from passing in Parliament.
Unions representing police, nurses, doctors, health workers, teachers, transport workers, constructions workers, manufacturing workers, the public sector, and the service industry recognised the importance of the presumption to protect frontline workers' financial security.
In Parliament, the Greens, Shooters, Fishers and Farmers Party, Australian Labor Party, Independent, and Animal Justice Party blocked the Bill. They referred it to be examined by the Portfolio Committee No. 1 - Premier and Finance for inquiry and report.
Above and beyond to protect our communities
The PANSW made a written submission to the committee and appeared at a Hearing to give evidence to the Committee.
The evidence included the following:
NSW police officers went above and beyond to protect the people of NSW throughout COVID-19, incurring great personal risk to their health, a significant burden in workload, new procedures and new laws, and at times in the face of strong debate about the role asked of them by NSW.
Police officers did not have the choice to work remotely, take time off, stay away during spikes or clusters, socially distance, and not perform tasks at heightened risk of exposure or avoid high-risk situations.
They perform work that has to be done, regardless of the risk. They keep showing up for every shift, for overtime, to learn new procedures and job requirements, to adapt to new situations and ways they need to help the people of NSW.
These people put themselves at considerable risk to do the job NSW needs them to and protect the people of NSW.
The Government repealing 19B is telling those people to bear that risk themselves, without the assurance they will be looked after if they contract COVID-19.
You can read the PANSW Submission, the Transcript of the Hearing, and the Committee's Report, on the Committee's webpage.
Defending the defenders
In February 2022, the Committee published its report from the Inquiry, supporting the PANSW's position recommending that the Legislative Council rejected the Workers Compensation Amendment Bill 2021.
In the Legislative Council on 31 March 2022, the Greens, Shooters, Fishers and Farmers Party, Australian Labor Party, Independent, and Animal Justice Party defeated the Bill, maintaining this protection for police and other frontline workers.