Assessment Criteria:
You can expect to do well in the assignment if you: (i) demonstrate you have developed
detailed knowledge and understanding of the body of law which governs workers’
compensation in NSW, including contemporary developments in relation to this body
of law; (ii) demonstrate your ability to locate and effectively use primary sources (cases
and legislation) and secondary sources (journal articles, books, etc.) which relate to
your chosen topics. High quality essays will draw upon these sources in discussing how
key legal issues might be determined; and (iii) demonstrate a high quality of written
expression. Your essays should be concise, clearly written, structured in a logical way,
and persuasive.
3
Choose 2 questions from the following list to answer. The word limit for
each question is 750 words. Therefore, your assignment should be 1,500
words in total. You should use legislation, cases, and secondary sources
to back up your answer where possible.
N.B. This is a maximum word count. Any words beyond the word limit will not
be assessed. The word count does not include footnotes or the bibliography,
although students are advised that footnotes should be used for referencing
purposes only (not for providing additional commentary).
A bibliography which lists all cases, legislation, and secondary sources
referred to is required.
QUESTIONS:
1. In what circumstances will a worker who is injured during an interval within an
overall period of work be entitled to workers’ compensation in New South
Wales? Is the law in this area satisfactory? Discuss any applicable legislative
provisions alongside relevant case law.
2. How similar or dissimilar is the law’s treatment of disease injuries to its
treatment of other injuries under the Workers Compensation Act 1987 (NSW)?
Is the distinction between different types of injuries necessary? Discuss any
applicable legislative provisions alongside relevant case law.
3. A worker who is injured whilst travelling to or from his or her place of work will
rarely be entitled to workers’ compensation in New South Wales. Is this correct?
Is the law in this area satisfactory? Discuss any applicable legislative provisions
alongside relevant case law.
4. What impact has the introduction of s 9A into the Workers Compensation Act
1987 (NSW) had? Was the introduction of this section necessary? Discuss any
applicable legislative provisions alongside relevant case law.