Guide
Workers compensation Acts: the law in each state and territory
There is no single Australian workers compensation Act. Each state and territory has its own, plus a Commonwealth scheme for federal employees. Here is which Act applies where, who regulates and insures under it, what every scheme has in common, and the two Acts that changed recently.
- Nine Acts, nine regulators
- What every scheme has in common
- Recent changes in WA and NSW
Which workers compensation Act applies to you?
The Act of the state or territory where your workers work. Safe Work Australia’s comparison of workers compensation arrangements lists a separate scheme for each jurisdiction, and the Fair Work Ombudsman explains that workers compensation is governed by state and territory law rather than the Fair Work Act. If you employ people in two states, you usually need cover under both schemes.
Federal government employees and some licensed national employers sit under the Commonwealth scheme, run by Comcare.
The Act, regulator and insurer in each jurisdiction
| Jurisdiction | Act | Regulator and insurer |
|---|---|---|
| New South Wales | Workers Compensation Act 1987 and Workplace Injury Management and Workers Compensation Act 1998 | SIRA regulates. icare issues policies |
| Victoria | Workplace Injury Rehabilitation and Compensation Act 2013 | WorkSafe Victoria, through its agents |
| Queensland | Workers’ Compensation and Rehabilitation Act 2003 | WorkSafe Queensland regulates. WorkCover Queensland insures |
| Western Australia | Workers Compensation and Injury Management Act 2023, from 1 July 2024 | WorkCover WA regulates. Licensed private insurers |
| South Australia | Return to Work Act 2014 | ReturnToWorkSA |
| Tasmania | Workers Rehabilitation and Compensation Act 1988 | WorkSafe Tasmania and the WorkCover Tasmania Board. Licensed private insurers |
| ACT | Workers Compensation Act 1951 | WorkSafe ACT. Licensed private insurers |
| Northern Territory | Return to Work Act 1986 | NT WorkSafe. Approved private insurers |
| Commonwealth | Safety, Rehabilitation and Compensation Act 1988 | Comcare |
Each page on this site for a state covers the thresholds and premiums under its Act.
What every scheme has in common
Every Act makes the employer responsible for insuring workers, and every scheme is no-fault: an injured worker is paid whether or not anyone was negligent. The benefits are set by the Act, not the insurer, and cover weekly payments while a worker can’t work, medical and rehabilitation costs, and lump sums for permanent impairment.
The differences are in the detail: who counts as a worker, whether there is a small-employer exemption, whether the state insures or private insurers do, and how premiums are set. Those details are why a broker checks the scheme for each state you employ in.
Two Acts that changed recently
Get workers compensation for every state you employ in
Workers compensation Act questions
Is there a national workers compensation Act in Australia?
No. Each state and territory has its own Act and scheme, and the Commonwealth runs a separate scheme through Comcare for its own employees and some licensed employers.
Which Act covers NSW workers compensation?
Two work together: the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998. SIRA regulates and icare issues policies.
What is the new workers compensation Act in WA?
The Workers Compensation and Injury Management Act 2023, which commenced on 1 July 2024 and replaced the 1981 Act.
Do I need workers compensation in two states?
Usually, if you employ people who work in two states. Each scheme covers the workers in its own jurisdiction, so a broker arranges a policy under each.
Does the Fair Work Act cover workers compensation?
No. The Fair Work Ombudsman explains that workers compensation is governed by state and territory legislation, which sets the benefits and the employer’s duty to insure.
Keep reading
More guides
Sources
- Safe Work Australia: Comparison of workers’ compensation arrangements in Australia and New Zealand
- Fair Work Ombudsman: Workers compensation
- icare NSW: Premium updates for 2026-27
- WorkCover WA: Modernising WA’s workers compensation laws
- WorkCover Queensland: Premiums held steady for the second year (26 June 2026)
- ReturnToWorkSA: Average premium rate for 2026-27 maintained (4 June 2026)
- business.gov.au: Types of business insurance
Nine Acts