Kiwi workers are in a tough spot if injured while living in Australia

New Zealand is the fourth largest contributor to net overseas migration in Australia, with the biggest concentration of hard-working Kiwis based in or around Queensland’s coast.

Most New Zealand citizens enter Australia on a Special Category Visa, and they are most commonly employed in the construction, food and accommodation, and healthcare industries.  As of 1 July 2023, Kiwis have a new pathway to Aussie citizenship, provided they meet the eligibility criteria and have resided in Australia for four years. This recent cutting of red tape makes the beach lifestyle a great option for many Kiwis.

Despite this recent change, there are still real vulnerabilities faced by Kiwis still on a Special Category Visa if they get injured while in Australia.

It is important to consult a lawyer if you have been injured and believe someone else may be at fault.  We are here to help you navigate these challenges. Australia’s laws apply to Kiwis in complex ways, so it’s important to find out where you stand and what your options are.

What happens if Kiwi workers get injured in Queensland?

In Queensland, there are schemes that provide support to everyone in certain circumstances:

• If you are injured in a road accident in Queensland and someone else is at fault, you are entitled to bring a claim against that person’s Compulsory Third Party Insurance under the Motor Accident Insurance Act 2004. If your claim is accepted, the insurer may agree to fund your reasonable treatment and rehabilitation (but will not initially pay any benefits for time off work).

• If you have suffered a serious personal injury as a result of a motor vehicle accident in Queensland, regardless of who was at fault, you may be entitled to reasonable treatment, care and support under the National Injury Insurance Scheme Queensland (NIISQ).

• If you are injured at work in Queensland and you are entitled to make a claim under the Workers’ Compensation and Rehabilitation Act (2003) you may be entitled to payment for time off work and for treatment and rehabilitation for your injuries.

What if you slip through the cracks?

But there are workers who don’t fall into one of the circumstances set out above.

Others might have received support temporarily, but their benefits have ceased while their injuries still prevent them from returning to work.

Here’s a hypothetical example:

Bill is a Kiwi working as a labourer on a construction site in Queensland.  He’s only ever worked in very physically demanding jobs.  He hurts his back when he’s at work. He received WorkCover benefits for a while, but now the claim is closed and he can’t go back to work in construction. Now, Bill can only do light duties or desk work.  He needs to retrain or engage in some further study to do this, but he can’t afford it.  He has bills coming in and a young family to support.

Most Aussies in this same position can contact Centrelink to access Jobseeker Allowance, Sickness Allowance, or Disability Support Pension.

However, it gets tricky for injured Kiwis. New Zealand citizens are only entitled to access the above benefits in very limited circumstances.

If you have lived in Australia for at least ten years, you can access JobSeeker for a single period of up to 6 months. You may be able to access a Disability Support Pension for a serious disability.

Needless to say, this excludes most injured Kiwis.

You may be able to make a claim for income protection through your superannuation, but not everyone has automatic cover in their policy, and often there are lengthy wait periods to get cover.

You may also need to retrain or enrol in a course of further study in order to obtain employment in a new field or occupation. Kiwis are disadvantaged again, because Special Category Visa Holders are not entitled to Austudy or HELP Student loans.

Setting aside the issue of getting back to work after an injury, New Zealand citizens living away from family and friends will also need day-to-day assistance and support with daily living, if living with an injury. New Zealand citizens are not able to access the National Disability Insurance Scheme until they become Australian citizens.

Special Category Visa holders cannot access public housing in Queensland. Given the rising cost of living, it’s easy to see how injured Kiwis in Australia can find circumstances quickly going from bad to worse.

On the other side of the water, the situation’s a little easier for Aussies living in New Zealand, who can access a much wider range of benefits there, including disability allowance and unemployment benefits if they find themselves out of work. For this reason, it’s possible that many Kiwis chasing the beach life here in Australia may not be aware of these challenges until the situation arises. 

If you’re from overseas and are injured while working in Australia, here are some steps you can take that will help:

• Be on the lookout for unsafe work practices. 

• Consider joining a union: they can help advocate for you if you are injured at work.

• Consider adding TPD (Total and Permanent Disability) or Income Protection Insurance to your superannuation here in Australia. Every super fund has different criteria for how to access this insurance if you are injured, and waiting periods will apply. Speak to your superannuation provider about what criteria will apply to you.

• If you have suffered an injury and you believe someone may be at fault, consult a lawyer about your right to bring a claim for compensation. Although the laws are restrictive, you may have options, and an expert can help you figure out your next steps.

Maurice Blackburn Lawyers can provide advice about superannuation, personal injury claims and your eligibility for the National Injury Insurance Scheme (Queensland). Contact us to arrange a free initial consultation or use our free claim check tool.