Workers Rehabilitation and Compensation Advisory Council Communique November 2023

Update regarding the Deputy Chair and expression of interest.

Due to the Councils memberships expiring on 18 March 2023, the Councils Secretary advised the Council that they would not proceed to fill the position of the Deputy Chair. The Council’s Secretary will commence the appointment process in the New Year to advertise for a full Council including the Chair and Deputy Chair.

S73 of the Return to Work Act 1986 - Therapeutic medicines containing cannabinoids

This item related to the definition of “medical, surgical and rehabilitation treatment” under the Act and Clarity in relation to the liability of employers/insurers under the Act to pay for medical treatment related to the use of therapeutic medicines containing cannabinoids.

Currently, Insurers are refusing to cover the cost of:

1. Consultations with a worker’s treating doctor for the purpose of prescribing and monitoring the use of therapeutic medicines containing cannabinoids; and
2.Therapeutic medicines containing cannabinoids.

This was on the basis that they are not a medical treatment within the scope of the definition of “medical, surgical and rehabilitation treatment”.

Insurers refusing to directly pay for or reimburse workers for such costs must be breaching the Act given, in every state and territory in Australia, legally obtained therapeutic medicines containing cannabinoids must be:

a.Monitored by a registered medical practitioner (usually GP).
b.Prescribed by a doctor (following TGA approval has been obtained) and be dispensed by a pharamasist.

Given the regulatory framework that must be followed to legally prescribe and dispense such medications, there is no reasonable basis for insurers refusing to cover the cost of such medical treatment if relying on an argument that there is no liability to do so under the definition of “medical, surgical and rehabilitation treatment”.

The Council discussed the potential impacts of this subject. Council representatives from GIO and QBE both advised when a medical is received each claim is conducted on a case by case basis on the case that sufficient medical evidence is provided.

The Council noted this agenda item.

Next meeting

The next meeting date is scheduled for 9 February 2023 at 2pm.  
The meeting ended at 2:50pm.