Abstract
For nearly 100 years in Australia, Governments have assumed the responsibility for statutory compensation schemes. In most States, compensation schemes existed side by side with access of injured workers to damages at common law. In the mid 1970's the Federal Government instigated an enquiry into the compensation and rehabilitation schemes operating in Australia. From that time onwards there has been debate as to the justification for the continuation of the right to pursue damages at common law. In the mid 1980's a number of States instituted enquiries into their own compensation systems and in some cases following those enquiries the rights to pursue damages at common law were either modified or, in some cases, abolished. This paper examines the trends in Australia in relation to the reduction in common law rights. It also examines the rationale for the continuation of those rights.
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