‘Immediate’ compensation for workplace fatalities to be granted in the ACT

Earlier this week (28 October), the ACT Legislative Assembly passed a bill – a first in Australia – which provides an “immediate” crisis payment for the loved ones of victims of workplace fatalities.

The Workplace Legislation Amendment Bill 2025 (No 3) was passed by the ACT Legislative Assembly on Tuesday (28 October), which is Australia’s first statutory immediate crisis payment scheme for workplace fatalities. The bill introduced amendments to the Dangerous Substances Act 2004, the Long Service Leave Act 1976, the Long Service Leave (Portable Schemes) Act 2009, the Public Sector Workers Compensation Fund Act 2018, the Workers Compensation Act 1951, and the Work Health and Safety Act 2011.

This reform will provide $10,000 to the victim’s domestic partner, and $5,000 for family members who lived with the worker before their death. In a statement, the ACT government said the payments were designed to be made by the insurer within seven days of the claim to support immediate household needs, be immediate and timely, and are “likely to be made on a without prejudice basis”.

The ACT government said the bill was declared a “significant bill” due to its significant engagement with human rights, which requires detailed reasoning in relation to compatibility with the Human Rights Act 2004.

ACT Legislative Assembly member Michael Pettersson said: “We know that workplace deaths significantly impact the lives of loved ones left behind. By requiring immediate payment, we can ensure that families and dependants are supported in the tragic event of a worker who dies because of their work.”

This reform introduced several amendments, including: incident reporting changes, greater long service leave compliance, more flexibility for portable long service leave payments, workplace injury prevention and reduction in the ACT public sector, the removal of discriminatory provisions surrounding workers’ compensation, and protections for complainants who were victims of alleged or suspected sexual assault or harassment.