Jennifer Ball urges state government to recognise legal practitioner input on planned reform
Jennifer Ball, president of the Law Society of New South Wales, has described the targeting of lawyers during discussions regarding the state’s workers compensation scheme as a distraction from systemic flaws that solicitors acknowledge require an overhaul.
“Attempts to shift the focus in the debate on the workers compensation scheme away from fair and just reforms, do nothing to assist injured workers who are some of the most vulnerable members of the community,” Ball said in a media release.
In its media release, the NSW law society noted that solicitors often offer necessary assistance to injured workers dealing with a faulty and complicated workers compensation system.
“The present workers compensation scheme is so complex that without legal assistance, the majority of injured workers would not be able to get the support they need to continue to recover from or live with lifelong impairment to their physical and/or psychological health,” Ball said.
Ball emphasised the duty of those handling workers compensation cases and other solicitors to support the clients’ best interests and assist them in pursuing their entitlements under the law. Ball also highlighted solicitors’ ethical duties to refrain from coaching clients.
Ball noted that the legal practice has been subject to stringent regulation, including in terms of legal costs for those acting on behalf of workers with injuries, as well as robust mechanisms to tackle situations involving professional misconduct.
“The professional fees and disbursements for legal services provided by Approved Lawyers for the vast majority of workers compensation matters are overseen and administered by the Independent Review Office,” Ball said in the media release.
The NSW law society’s Injury Compensation Committee provided submissions to parliamentary inquiries on two versions of the state government’s proposed workers compensation reform legislation.
According to Ball, in the past, the NSW law society has criticised certain aspects of the legislative process relating to planned workers compensation reforms, including insufficient consultation and opportunities for public input.
“We urge the Government to recognise that legal practitioners, who act for employers and employees and with many years of experience and expertise, are able to offer valuable input to ensure that the workers compensation system can be both fair and sustainable,” Ball said.
Ball noted that the NSW law society could provide its insights on further proposed amendments upon their publication.
