NSW Liberals concede Latham has ‘tainted’ workers’ comp reforms

NSW Liberals senior frontbencher Damien Tudehope has conceded that his push to improve the Labor government’s workers’ compensation bill has been “tainted” by rogue MP Mark Latham’s involvement in the process.

Tudehope said his focus remained protecting the state’s “most injured workers” and he was prepared to abandon a controversial extra test for sexual harassment if that change was going to stand in the way of “legitimate” claims.

Independent MP Mark Latham with Digby and Leela, for Bring Your Dog to Work Day in NSW parliament on Friday. Credit: Janie Barrett

Tudehope and Latham have co-authored a range of amendments to the workers’ compensation bill, proposing changes to the definition of sexual harassment as well as axing claims made for excessive work demands and vicarious trauma.

Under their amendments, a person who makes a sexual advance towards a colleague would need to have known, or should have known, that the advance was unwelcome.

However, analysis prepared by the state insurer, icare, says adding that extra test would remove all types of bullying from workers’ compensation schemes.

Tudehope said that he wanted to improve the bill and was open to changing his amendments.

Upper house Liberal leader Damien Tudehope would not rule out working with Mark Latham.Credit: Janie Barrett

“If [it] acted as an impediment to someone with a legitimate claim having access to the workers’ compensation scheme, all other issues being reasonable, then it should be abandoned,” Tudehope said.

Latham, however, said he did not accept the findings of the icare analysis in relation to the objective test for sexual harassment. He said icare had previously been unable to provide costings related to other amendments before the lower house.

“I think the parliamentary committee will have to get some competent third-party assessment of various amendments,” Latham said, referring to the upper house committee inquiring into Labor’s bill, which has passed the lower house.

The Liberals have been criticised for teaming up with Latham, who has been accused of domestic violence against his ex-partner, which he emphatically denies, as well as inappropriate workplace behaviour, including taking photos of female MPs. He has apologised to the women.

Tudehope said he needed to work with every member of the upper house, but conceded that his job had been made more difficult because of the recent allegations aired against Latham.

“Mr Latham has tainted the whole of this process by what has occurred in relation to a whole lot of other issues,” Tudehope said.

Tudehope said the overwhelming issue was that the government’s current bill would not protect workers.

Treasury secretary Michael Coutts-Trotter asked icare, on behalf of Tudehope, to prepare costings for the amendments. Analysis showed that the private sector scheme, known as the nominal insurer, would be almost $800 million worse off under Tudehope and Latham’s proposed changes.

Tudehope said amendments he worked on would save “slightly less” than the government’s bill but would have broader protections for workers.

“The problem that exists between the government and the Coalition is that the opposition will not stand by and allow the government to trash the opportunity for really seriously injured workers to maintain a reasonable standard of living,” Tudehope said.

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