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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
WORKERS' COMPENSATION
AND REHABILITATION
BILL 2003
Queensland
WORKERS' COMPENSATION AND
REHABILITATION BILL 2003
TABLE OF PROVISIONS
Section Page
CHAPTER 1--PRELIMINARY
PART 1--INTRODUCTION
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
PART 2--OBJECTS
4 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
5 Workers' compensation scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
6 Administration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
PART 3--DEFINITIONS
7 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
PART 4--BASIC CONCEPTS
Division 1--Accident insurance, compensation and damages
8 Meaning of "accident insurance" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
9 Meaning of "compensation" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
10 Meaning of "damages" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 2--Workers
11 Who is a "worker" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 3--Persons entitled to compensation other than workers
Subdivision 1--Volunteers etc.
12 Entitlements of persons mentioned in sdiv 1. . . . . . . . . . . . . . . . . . . . . . . . . 36
13 Counterdisaster volunteer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
14 Rural fire brigade member. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
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15 Volunteer fire fighter or volunteer fire warden . . . . . . . . . . . . . . . . . . . . . . . 38
16 Statutory or industrial body member. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
17 Honorary ambulance officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
18 Person in voluntary or honorary position with religious, charitable
or benevolent organisation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
19 Person in voluntary or honorary position with nonprofit organisation . . . . . 39
Subdivision 2--Persons performing community service etc.
20 Entitlements of persons in sdiv 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
21 Persons performing community service or unpaid duties . . . . . . . . . . . . . . . 40
Subdivision 3--Students
22 Students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Subdivision 4--Eligible persons
23 Meaning of "eligible person" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
24 Eligible person may apply to be insured . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
25 Entitlements of eligible persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Subdivision 5--Other persons
26 Other persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Division 4--Spouses, members of the family and dependants
27 Meaning of "dependant" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
28 Meaning of "member of the family" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
29 Who is the "spouse" of a deceased worker . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 5--Employers
30 Who is an "employer" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 6--Injuries and impairment
Subdivision 1--Event resulting in injury
31 Meaning of "event" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Subdivision 2--Injury
32 Meaning of "injury" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Subdivision 3--When injury arises out of, or in the course of,
employment
33 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
34 Injury while at or after worker attends place of employment . . . . . . . . . . . . 47
35 Other circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
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36 Injury that happens during particular journeys . . . . . . . . . . . . . . . . . . . . . . . 49
Subdivision 4--Impairment from injury
37 Meaning of "impairment" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
38 Meaning of "permanent impairment" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
39 Meaning of "work related impairment" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 7--Rehabilitation
40 Meaning of "rehabilitation". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
41 Meaning of "rehabilitation coordinator" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
42 Meaning of "suitable duties". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
43 Meaning of "workplace rehabilitation" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
44 Meaning of "workplace rehabilitation policy and procedures". . . . . . . . . . . 52
45 Meaning of "accredited workplace" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
CHAPTER 2--EMPLOYER'S OBLIGATIONS
PART 1--EMPLOYER'S LEGAL LIABILITY
46 Employer's legal liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
47 WorkCover's liability confined to compensation . . . . . . . . . . . . . . . . . . . . . 53
PART 2--EMPLOYER'S INSURANCE REQUIREMENTS
Division 1--General obligations
48 Employer's obligation to insure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
49 Exemption if employer has other insurance . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 2--Contravention of employer's general obligation and
associated provisions
50 When an employer contravenes the general obligation to insure . . . . . . . . . 54
51 Offence of contravening general obligation to insure . . . . . . . . . . . . . . . . . . 55
52 Offence to charge worker for compensation or damages for injury . . . . . . . 55
53 Recovery of unlawful charge for compensation or damages for injury . . . . 56
PART 3--INSURANCE UNDER WORKCOVER POLICIES
GENERALLY
Division 1--Premium setting generally
54 Setting of premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
55 Setting premium on change of ownership of business . . . . . . . . . . . . . . . . . 57
56 Reassessment of premium for policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
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Division 2--Assessments on contravention of general obligation to
insure
57 Recovery of compensation and unpaid premium . . . . . . . . . . . . . . . . . . . . . 59
58 Default assessment on reasonable suspicion . . . . . . . . . . . . . . . . . . . . . . . . . 60
59 Further assessment and recovery after payment of default assessment. . . . . 61
60 Employer's separate liabilities for 1 period of default . . . . . . . . . . . . . . . . . 62
Division 3--Additional premiums
61 Additional premium payable if premium not paid . . . . . . . . . . . . . . . . . . . . 62
62 Further additional premium payable after appeal to industrial magistrate . . 62
63 Additional premium for out-of-State workers. . . . . . . . . . . . . . . . . . . . . . . . 63
64 WorkCover may waive or reduce additional premium . . . . . . . . . . . . . . . . . 63
Division 4--Employer's liability for excess period
65 Meaning of "excess period" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
66 Employer's liability for excess period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
67 Employer may insure against payment for excess period . . . . . . . . . . . . . . . 65
PART 4--EMPLOYER'S SELF-INSURANCE
Division 1--Preliminary
68 What is self-insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Division 2--Issue and renewal of self-insurer's licence
69 Who may apply to be a self-insurer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
70 How the application is made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
71 Issue or renewal of licence to a single employer. . . . . . . . . . . . . . . . . . . . . . 67
72 Issue or renewal of licence to a group employer . . . . . . . . . . . . . . . . . . . . . . 68
73 Calculation of the number of fulltime workers . . . . . . . . . . . . . . . . . . . . . . . 69
74 Workers employed in Queensland. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
75 Whether applicant fit and proper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
76 Audit of self-insurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
77 Decision on application for the issue of a licence . . . . . . . . . . . . . . . . . . . . . 71
78 Duration of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
79 Renewal of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
80 Refusal of application for renewal of a licence . . . . . . . . . . . . . . . . . . . . . . . 72
81 Annual levy payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
82 Additional amount payable if levy not paid . . . . . . . . . . . . . . . . . . . . . . . . . 74
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83 Conditions of licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
84 Bank guarantee or cash deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
85 Investing cash deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
86 Reinsurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
87 Self-insurer replaces WorkCover in liability for injury. . . . . . . . . . . . . . . . . 77
88 Liability of group employers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Division 3--Change to membership of self-insurer
89 Change in self-insurer's membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
90 Consequences of change in self-insurer's membership. . . . . . . . . . . . . . . . . 78
91 Continuation of membership in particular circumstances. . . . . . . . . . . . . . . 79
Division 4--Powers, functions and obligations of self-insurers
92 Powers of self-insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
93 Documents that must be kept by self-insurer . . . . . . . . . . . . . . . . . . . . . . . . 82
94 Documents must be given to Authority on request . . . . . . . . . . . . . . . . . . . . 83
Division 5--Cancellation of self-insurer's licence
95 When licence may be cancelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
96 Procedure for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
97 Self-insurer may ask for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
98 Premium payable after cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
99 Transfer to WorkCover after cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
100 Certain functions and powers may be held by former self-insurer
after cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
101 Recovery of ongoing costs from former self-insurer . . . . . . . . . . . . . . . . . . 86
102 Assessing liability after cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
103 Return of bank guarantee or cash deposit after cancellation. . . . . . . . . . . . . 87
104 Contingency account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
CHAPTER 3--COMPENSATION
PART 1--INTERPRETATION FOR CHAPTER 3
105 Meaning of "amount payable under an industrial instrument" . . . . . . . . . . . 89
106 Meaning of "normal weekly earnings" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
107 Meaning of "QOTE" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
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PART 2--COMPENSATION ENTITLEMENTS OF WORKERS
GENERALLY
Division 1--General statement of entitlement
108 Compensation entitlement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
109 Who must pay compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
110 Compensation entitlement can not be relinquished, assigned or subject to
execution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
111 Public trustee may act for claimant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
112 Public trustee may receive payments for minors. . . . . . . . . . . . . . . . . . . . . . 91
Division 2--Entitlement according to jurisdiction
113 Employment must be connected with State . . . . . . . . . . . . . . . . . . . . . . . . . 91
114 Recognition of determination of State of connection in another State . . . . . 92
Division 3--Overseas arrangements
115 Overseas arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Division 4--Relationship of entitlement to other compensation
116 Entitlement ends if compensated under corresponding laws . . . . . . . . . . . . 94
117 Compensation recoverable if later paid under corresponding laws. . . . . . . . 94
118 Condition on compensation application if compensation available under
this Act and corresponding law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
119 Entitlement to compensation ends if damages claim is finalised . . . . . . . . . 95
PART 3--COMPENSATION ENTITLEMENTS OF PARTICULAR
WORKERS
Division 1--Workers on ships
120 Application of div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
121 Payment on account of workers on ships . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Division 2--Miners
122 Application of div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
123 Entitlements of miners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Division 3--Workers with industrial deafness
124 Application of div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
125 Entitlements for industrial deafness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
126 Further application for compensation for industrial deafness . . . . . . . . . . . . 98
Division 4--Workers with prescribed disfigurement
127 Application of div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
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128 Entitlements of worker who sustains prescribed disfigurement . . . . . . . . . . 99
PART 4--COMPENSATION AFFECTED BY WORKERS'
CONDUCT
129 Self-inflicted injuries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
130 Injuries caused by misconduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
PART 5--COMPENSATION APPLICATION AND OTHER
PROCEDURES
131 Time for applying . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
132 Applying for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
133 Employer's duty to report injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
134 Decision about application for compensation . . . . . . . . . . . . . . . . . . . . . . . . 102
135 Examination by registered person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
136 Worker must notify return to work or engagement in a calling. . . . . . . . . . . 103
137 Suspension of compensation during term of imprisonment . . . . . . . . . . . . . 103
138 Compensation not payable during suspension . . . . . . . . . . . . . . . . . . . . . . . 103
PART 6--MAXIMUM STATUTORY COMPENSATION
139 Application of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
140 Maximum entitlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
PART 7--PAYMENT OF COMPENSATION
141 Time from which compensation payable . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
PART 8--COMPENSATION FOR DAY OF INJURY
142 Application of pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
143 Definition for pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
144 When employer must pay worker for day of injury . . . . . . . . . . . . . . . . . . . 106
PART 9--WEEKLY PAYMENT OF COMPENSATION
Division 1--Application
145 Application and object of pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Division 2--Advances on weekly payments
146 Advances on account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Division 3--Adjustment of entitlements under pt 9
147 Worker can not receive more than if injury had not been sustained . . . . . . . 107
148 Regard to other benefits for workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
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Division 4--Entitlement for total incapacity
Subdivision 1--Application of div 4
149 Entitlement to weekly payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Subdivision 2--Workers
150 Total incapacity--workers whose employment is governed by an
industrial instrument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
151 Total incapacity--workers whose employment is not governed by
industrial instrument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
152 Total incapacity--certain contract workers. . . . . . . . . . . . . . . . . . . . . . . . . . 110
153 Total incapacity--casual or part-time workers . . . . . . . . . . . . . . . . . . . . . . . 111
154 Total incapacity--workers receiving certain benefits under
Commonwealth law ......................................... 111
155 Total incapacity--workers with more than 1 employer . . . . . . . . . . . . . . . . 111
Subdivision 3--Persons entitled to compensation other than workers,
students and eligible persons
156 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
157 Total incapacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Subdivision 4--Eligible persons
158 Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
159 Total incapacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Subdivision 5--Reference to tribunal
160 Total incapacity--reference about impairment to medical
assessment tribunal ....................................... 115
Division 5--Entitlement for partial incapacity
Subdivision 1--Persons entitled to compensation other than eligible
persons
161 Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
162 Definitions for sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
163 Partial incapacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Subdivision 2--Eligible persons
164 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
165 Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
166 Partial incapacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
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Subdivision 3--Requiring information
167 Insurer may require information from partially incapacitated worker
or person ............................................... 117
Division 6--Review of compensation
168 Review of compensation and associated payments. . . . . . . . . . . . . . . . . . . . 118
169 Review of weekly payments--worker under 18 . . . . . . . . . . . . . . . . . . . . . . 118
170 Recovery of compensation overpaid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Division 7--Redemption of weekly payments
171 Redemption--worker receiving weekly payments for at least 2 years . . . . . 119
172 Redemption--worker moves interstate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
173 Redemption--worker moves abroad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
174 Calculation of redemption payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
175 Review of redemption payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
176 No compensation after redemption payment made. . . . . . . . . . . . . . . . . . . . 121
Division 8--When entitlement to weekly payments stops
177 When weekly payments stop. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
PART 10--ENTITLEMENT TO COMPENSATION FOR
PERMANENT IMPAIRMENT
Division 1--General statement
178 Entitlement to assessment of permanent impairment and lump
sum compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
Division 2--Assessment of permanent impairment under table of
injuries
179 Assessment of permanent impairment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
180 Calculation of lump sum compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
181 Regard to previous entitlement to lump sum compensation for injury other
than industrial deafness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
182 Regard to previous assessment for industrial deafness . . . . . . . . . . . . . . . . . 124
183 Calculation of WRI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Division 3--Notification of assessment of permanent impairment
184 Application of div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
185 Insurer to give notice of assessment of permanent impairment . . . . . . . . . . 125
186 Worker's disagreement with assessment of permanent impairment . . . . . . . 126
187 Offer of lump sum compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
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188 Worker's decision about lump sum compensation--WRI 20% or more . . . 126
189 Worker's decision about lump sum compensation--WRI less than
20% or no WRI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
190 No further compensation after fixed time . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
Division 4--Additional lump sum compensation
191 Application of div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
192 Additional lump sum compensation for certain workers . . . . . . . . . . . . . . . 129
193 Additional lump sum compensation for gratuitous care . . . . . . . . . . . . . . . . 129
PART 11--COMPENSATION ON WORKER'S DEATH
194 Application and object of pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
195 Definition for pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
196 To whom payments made for death of worker . . . . . . . . . . . . . . . . . . . . . . . 131
197 Total and partial dependants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
198 Dependant's compensation payable to public trustee . . . . . . . . . . . . . . . . . . 132
199 Medical and funeral expenses must be paid by insurer. . . . . . . . . . . . . . . . . 132
200 Total dependency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
201 Partial dependency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
202 Workers under 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
203 Reduction of amount payable on death . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
204 Reduced compensation if dependant dies before payment made . . . . . . . . . 134
PART 12--AUTOMATIC VARIATION OF COMPENSATION
PAYABLE
205 Variation of payments for injuries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
206 Construing entitlements in light of variation. . . . . . . . . . . . . . . . . . . . . . . . . 135
207 Application of part to existing benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
CHAPTER 4--INJURY MANAGEMENT
PART 1--APPLICATION
208 Application and object of ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
PART 2--LIABILITY FOR MEDICAL TREATMENT,
HOSPITALISATION AND EXPENSES
Division 1--Application and general statement of liability
209 Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
210 Insurer's liability for medical treatment and hospitalisation . . . . . . . . . . . . . 136
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Division 2--Medical treatment costs
211 Extent of liability for medical treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
212 Extent of liability for prosthetic expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
213 Accounts for medical treatment, certificate in approved form . . . . . . . . . . . 138
214 Review of costs payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
Division 3--Hospitalisation
215 Definitions for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
216 Extent of liability for period of hospitalisation . . . . . . . . . . . . . . . . . . . . . . . 139
217 Cost of hospitalisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
218 Maximum liability for cost of hospitalisation . . . . . . . . . . . . . . . . . . . . . . . . 140
Division 4--Travelling expenses
219 Extent of liability for travelling expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
PART 3--RESPONSIBILITY FOR REHABILITATION
Division 1--Responsibility for rehabilitation
220 Insurer's responsibility for worker's rehabilitation . . . . . . . . . . . . . . . . . . . . 142
221 Authority's responsibility for rehabilitation . . . . . . . . . . . . . . . . . . . . . . . . . 142
Division 2--Insurer's liability for rehabilitation fees and costs
222 Liability for rehabilitation fees and costs . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
223 Extent of liability for rehabilitation fees and costs . . . . . . . . . . . . . . . . . . . . 143
Division 3--Caring allowance
224 Liability for caring allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
225 Extent of liability for caring allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
PART 4--EMPLOYER'S OBLIGATION FOR REHABILITATION
226 Employer's obligation to appoint rehabilitation coordinator . . . . . . . . . . . . 144
227 Employer's obligation to have workplace rehabilitation policy and
procedures .............................................. 145
228 Employer's obligation to assist or provide rehabilitation . . . . . . . . . . . . . . . 145
229 Employer's failure in relation to rehabilitation . . . . . . . . . . . . . . . . . . . . . . . 145
PART 5--WORKER'S MITIGATION AND REHABILITATION
OBLIGATIONS
230 Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
231 Worker must mitigate loss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
232 Worker must participate in rehabilitation . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
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CHAPTER 5--ACCESS TO DAMAGES
PART 1--INTERPRETATION AND APPLICATION
233 Definitions for ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
234 Meaning of "terminal condition" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
235 Requirements of chapter to prevail and are substantive law . . . . . . . . . . . . . 148
236 Period of limitation under Limitation of Actions Act 1974 never affected . . 148
PART 2--ENTITLEMENT CONDITIONS
Division 1--Limitations on persons entitled to seek damages
237 General limitation on persons entitled to seek damages . . . . . . . . . . . . . . . . 149
238 Worker with terminal condition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
239 Worker who is required to make election to seek damages. . . . . . . . . . . . . . 150
Division 2--Consequences, to costs, of seeking damages
240 Consequences, to costs, of seeking damages . . . . . . . . . . . . . . . . . . . . . . . . 151
Division 3--Claimant who has received notice of assessment
Subdivision 1--Application of division 3
241 Application of div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Subdivision 2--Claimant mentioned in s 237(1)(a)(i)
242 Application of subdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
243 Need for urgent proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Subdivision 3--Claimant mentioned in s 237(1)(a)(ii)
244 Application of subdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
245 Claimant with more than 1 injury from an event . . . . . . . . . . . . . . . . . . . . . 153
246 Claimant may ask for injury to be assessed for permanent impairment . . . . 154
247 Need for urgent proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
248 When urgent proceeding must be discontinued. . . . . . . . . . . . . . . . . . . . . . . 155
Division 4--Claimant mentioned in s 237(1)(b)
249 Application of div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
250 Claimant may seek damages only after being assessed . . . . . . . . . . . . . . . . 156
251 Need for urgent proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
252 When urgent proceeding must be discontinued. . . . . . . . . . . . . . . . . . . . . . . 157
Division 5--Claimant mentioned in s 237(1)(c)
253 Application of div 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
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254 Access to damages if application for compensation is subject to
review or appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
255 Need for urgent proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
256 When urgent proceedings must be discontinued . . . . . . . . . . . . . . . . . . . . . . 158
Division 6--Claimant mentioned in s 237(1)(d)
257 Application of div 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
258 Access to damages if claimant has not lodged application for compensation 159
259 Need for urgent proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
260 When proceedings must be discontinued . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
Division 7--Person mentioned in s 237(1)(e)
261 Application of div 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
262 Claimant may seek damages only in particular cases . . . . . . . . . . . . . . . . . . 161
263 Need for urgent proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
264 When proceedings must be discontinued . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
Division 8--Review of worker's decision to accept payment of lump sum
compensation for injury--WRI less than 20% or no WRI
265 Application of div 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
266 Decision not to seek damages reviewable in certain circumstances . . . . . . . 164
PART 3--MITIGATION OF LOSS AND REHABILITATION
267 Mitigation of loss. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
268 Provision of rehabilitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
269 Costs of rehabilitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
PART 4--REDUCTION OF RECOVERABLE DAMAGES
270 When damages are to be reduced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
271 Assessment by court of total liability for damages . . . . . . . . . . . . . . . . . . . . 169
272 Insurer's charge on damages for compensation paid. . . . . . . . . . . . . . . . . . . 169
PART 5--PRE-COURT PROCEDURES
273 Object of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
274 Overriding obligations of parties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
275 Notice of claim for damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
276 Noncompliance with s 275 and urgent proceedings . . . . . . . . . . . . . . . . . . . 173
277 Claimant to tell insurer of change to information in notice of claim . . . . . . 174
278 Response to notice of claim. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
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279 Claimant and insurer to cooperate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
280 Employer to cooperate with WorkCover . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
281 Claimant and insurer to attempt to resolve claim . . . . . . . . . . . . . . . . . . . . . 177
282 Worker to undergo medical examination. . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
283 Joint expert reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
284 Non-disclosure of certain material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
285 Consequence of failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . 180
286 Privilege and duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
287 Court's power to enforce compliance with chapter. . . . . . . . . . . . . . . . . . . . 181
PART 6--SETTLEMENT OF CLAIMS
Division 1--Compulsory conference
288 Application of div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
289 Compulsory conference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
290 Procedure at conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
291 Information to be given by party's lawyer before other type of
settlement attempted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
292 Parties to make written final offer if claim not settled at
compulsory conference ...................................... 184
Division 2--Settlement before court proceedings
293 Settlement of claim for damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
PART 7--START OF COURT PROCEEDINGS
Division 1--When claimant can start court proceedings
294 Application of div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
295 Compliance necessary before starting proceeding . . . . . . . . . . . . . . . . . . . . 185
296 Claimant to have given complying notice of claim or insurer to
have waived compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
297 Court to have made declaration about noncompliance . . . . . . . . . . . . . . . . . 186
298 Court to have given leave despite noncompliance. . . . . . . . . . . . . . . . . . . . . 187
299 Other provision for urgent proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
Division 2--Court proceedings
300 Carriage of proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
301 Exclusion of jury trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
302 Alteration of period of limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
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303 Court may have regard to claimant's non-compliance with s 275 in
relation to costs and interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
304 Court may have regard to compulsory conference . . . . . . . . . . . . . . . . . . . . 190
PART 8--STRUCTURED SETTLEMENTS
305 Court may make consent order for structured settlement . . . . . . . . . . . . . . . 190
PART 9--PARTICULAR MATTERS AFFECTING ASSESSMENTS
OF LIABILITY
306 Absolute defences not reintroduced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
307 Contributory negligence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
PART 10--NO RIGHT TO PARTICULAR DAMAGES
308 Gratuitous services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
PART 11--EXEMPLARY DAMAGES
309 Exemplary damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
PART 12--COSTS
Division 1--Costs applying to worker with WRI of 20% or more or
dependant
310 Application of div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
311 Principles about orders as to costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
312 Costs if written final offer by claimant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
313 Costs if written final offer by insurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
314 Interest after service of written final offer. . . . . . . . . . . . . . . . . . . . . . . . . . . 193
Division 2--Costs applying to worker with WRI less than 20% or no WRI
315 Application of div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
316 Principles about orders as to costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Division 3--Costs generally
317 Application of div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
318 Costs if proceeding could have been brought in a lower court . . . . . . . . . . . 195
PART 13--EXCESS DAMAGES AWARDED IN ANOTHER
JURISDICTION
319 Application of pt 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
320 No liability for excess damages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
CHAPTER 6--CHOICE OF LAW FOR DAMAGES
PART 1--APPLICATION OF CHAPTER 6
321 Claims to which chapter applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
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PART 2--INTERPRETATION
322 Meaning of "substantive law" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
323 What constitutes injury and employment and who is employer . . . . . . . . . . 197
PART 3--SUBSTANTIVE LAW THAT GOVERNS CLAIM
324 The applicable substantive law for work injury claims . . . . . . . . . . . . . . . . . 198
325 Availability of action in another State not relevant . . . . . . . . . . . . . . . . . . . . 198
CHAPTER 7--THE AUTHORITY
PART 1--ESTABLISHMENT
326 Authority is established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
327 Authority is a body corporate etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
328 Authority may operate under trading name. . . . . . . . . . . . . . . . . . . . . . . . . . 199
329 Authority represents the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
PART 2--FUNCTIONS AND POWERS
330 General statement of Authority's functions. . . . . . . . . . . . . . . . . . . . . . . . . . 200
331 Authority's general powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
PART 3--REPORTING OBLIGATIONS
332 Quarterly reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
333 Matters to be included in annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
334 Board to keep Minister informed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
PART 4--BOARD OF DIRECTORS
Division 1--Establishment of Authority's board
335 Establishment of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203
336 Appointment of chairperson and deputy chairperson . . . . . . . . . . . . . . . . . . 203
337 Regard to particular ability in appointment of directors . . . . . . . . . . . . . . . . 203
338 Role of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
339 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
Division 2--Meetings and other business of board
340 Meaning of "required minimum number" of directors . . . . . . . . . . . . . . . . . 204
341 Conduct of meetings and other business . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
342 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
343 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
344 Quorum and voting at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
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345 Disclosure of interests by director. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
346 Voting by interested director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
347 Participation in meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
348 Resolutions without meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
349 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
Division 3--Other provisions about directors
350 Term of appointment of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
351 Terms of appointment not provided for under Act . . . . . . . . . . . . . . . . . . . . 208
352 Appointment of acting director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
353 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
354 Termination of appointment as director . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
PART 5--THE CHIEF EXECUTIVE OFFICER
355 Authority's chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
356 Duties of chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
357 Things done by chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
358 Delegation by chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
359 Additional provisions relating to chief executive officer. . . . . . . . . . . . . . . . 210
PART 6--OTHER EMPLOYMENT PROVISIONS
360 Basis of employment generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
361 EEO legislation is applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
PART 7--FINANCIAL PROVISIONS
362 Funding of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
363 Application of financial legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
364 Funds and accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
365 Reserves. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
PART 8--AUTHORISED PERSONS
Division 1--General
366 Function of authorised person of the Authority. . . . . . . . . . . . . . . . . . . . . . . 212
367 Authorised person subject to Authority's directions . . . . . . . . . . . . . . . . . . . 212
368 Powers of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
369 Limitation on powers of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . 213
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Division 2--Appointment of authorised persons and other matters
370 Appointment of authorised persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
371 Authorised person's appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . 213
372 Authorised person's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
373 Display of authorised person's identity card . . . . . . . . . . . . . . . . . . . . . . . . . 214
374 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
PART 9--OTHER PROVISIONS ABOUT THE AUTHORITY
375 Authority's seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
376 Authentication of documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
377 Judicial notice of certain signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
378 Giving of documents to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
379 Application of various other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
CHAPTER 8--WORKCOVER QUEENSLAND
PART 1--ESTABLISHMENT
380 WorkCover is established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
381 WorkCover is a body corporate etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
382 Relationship with State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
PART 2--FUNCTIONS AND POWERS
Division 1--Functions and insurance business
383 General statement of WorkCover's functions . . . . . . . . . . . . . . . . . . . . . . . . 217
384 WorkCover's insurance business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
385 WorkCover as the exclusive provider of accident insurance . . . . . . . . . . . . . 218
386 WorkCover's offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
Division 2--Powers generally
387 Objects of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
388 WorkCover's general powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
389 General restriction on WorkCover's powers . . . . . . . . . . . . . . . . . . . . . . . . . 219
390 Disposal of main undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
391 Acquiring and disposing of subsidiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
392 Protection of persons who deal with WorkCover . . . . . . . . . . . . . . . . . . . . . 221
393 Reserve power of Minister to direct that asset not be disposed of . . . . . . . . 222
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PART 3--OBLIGATIONS
Division 1--Corporate plan
394 WorkCover must have corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
395 Guidelines in relation to corporate plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
396 Draft corporate plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
397 Special procedures for draft corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . 223
398 Corporate plan on agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
399 Corporate plan pending agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
400 Changes to corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
Division 2--Statement of corporate intent
401 WorkCover must have statement of corporate intent . . . . . . . . . . . . . . . . . . 225
402 Statement of corporate intent must be consistent with corporate plan . . . . . 225
403 Matters to be included in statement of corporate intent . . . . . . . . . . . . . . . . 225
404 Additional matters to be included in statement of corporate intent . . . . . . . 225
405 Draft statement of corporate intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
406 Special procedures for draft statement of corporate intent . . . . . . . . . . . . . . 226
407 Statement of corporate intent on agreement . . . . . . . . . . . . . . . . . . . . . . . . . 227
408 Changes to statement of corporate intent . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
Division 3--Community service obligations
409 Meaning of "community service obligations". . . . . . . . . . . . . . . . . . . . . . . . 228
410 Community service obligations to be specified in statement of
corporate intent ........................................... 228
Division 4--Reports and other accountability matters
411 Quarterly reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
412 Matters to be included in annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
413 Deletion of commercially sensitive matters from annual report etc.. . . . . . . 230
414 Board to keep Minister informed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
Division 5--Duties and liabilities of directors and other officers of
WorkCover
415 Disclosure of interests by director. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
416 Voting by interested director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
417 Duty and liability of certain officers of WorkCover . . . . . . . . . . . . . . . . . . . 232
418 Prohibition on loans to directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
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419 WorkCover not to indemnify WorkCover officers. . . . . . . . . . . . . . . . . . . . . 235
420 WorkCover not to pay premiums for certain liabilities of WorkCover
officers ................................................ 236
421 Examination of persons concerned with WorkCover . . . . . . . . . . . . . . . . . . 236
422 Power to grant relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
423 False or misleading information or documents . . . . . . . . . . . . . . . . . . . . . . . 240
PART 4--BOARD OF DIRECTORS
Division 1--Establishment of WorkCover's board
424 Establishment of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
425 Appointment of chairperson and deputy chairperson . . . . . . . . . . . . . . . . . . 241
426 Regard to particular ability in appointment of directors . . . . . . . . . . . . . . . . 241
427 Role of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
428 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
Division 2--Meetings and other business of board
429 Meaning of "required minimum number" of directors . . . . . . . . . . . . . . . . . 242
430 Conduct of meetings and other business . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
431 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
432 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
433 Quorum and voting at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
434 Participation in meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
435 Resolutions without meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
436 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
Division 3--Other provisions about directors
437 Term of appointment of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
438 Terms of appointment not provided for under Act . . . . . . . . . . . . . . . . . . . . 245
439 Appointment of acting director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
440 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
441 Termination of appointment as director . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
PART 5--THE CHIEF EXECUTIVE OFFICER
442 WorkCover's chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
443 Duties of chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
444 Things done by chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
445 Delegation by chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
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446 Additional provisions relating to chief executive officer. . . . . . . . . . . . . . . . 247
PART 6--OTHER EMPLOYMENT PROVISIONS
447 Appointment of senior executives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
448 Basis of employment generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
449 Superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
450 Arrangements relating to staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
451 Employment and industrial relations plan. . . . . . . . . . . . . . . . . . . . . . . . . . . 249
452 EEO legislation is applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
PART 7--FINANCIAL PROVISIONS
453 WorkCover's solvency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
454 Application of financial legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
455 Liability for State taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
456 Liability for Commonwealth tax equivalents . . . . . . . . . . . . . . . . . . . . . . . . 251
457 Funds and accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
458 Reserves. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
459 Procedures for borrowing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
460 Payment to consolidated fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
461 Additional financial reporting requirements . . . . . . . . . . . . . . . . . . . . . . . . . 253
PART 8--AUTHORISED PERSONS
Division 1--General
462 Function of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
463 Authorised person subject to WorkCover's directions . . . . . . . . . . . . . . . . . 254
464 Powers of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
465 Limitation on powers of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . 254
Division 2--Appointment of authorised persons and other matters
466 Appointment of authorised persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
467 Authorised person's appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . 254
468 Authorised person's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255
469 Display of authorised person's identity card . . . . . . . . . . . . . . . . . . . . . . . . . 255
470 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
PART 9--OTHER PROVISIONS ABOUT WORKCOVER
471 WorkCover's seal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
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472 Authentication of documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
473 Judicial notice of certain signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
474 Giving of documents to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
475 Application of various other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
CHAPTER 9--THE MINISTER
PART 1--THE MINISTER AND THE AUTHORITY
476 Reserve power of Minister to give directions in public interest . . . . . . . . . . 258
477 Additional power to direct Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258
478 Monitoring and assessment of Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
479 Amounts payable by Authority on Minister's instruction . . . . . . . . . . . . . . . 260
PART 2--THE MINISTER AND WORKCOVER
480 Reserve power of Minister to notify board of public sector policies . . . . . . 260
481 Reserve power of Minister to give directions in public interest . . . . . . . . . . 261
482 Additional power to direct WorkCover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
483 Notice of suspected threat to full funding because of direction or
notification ............................................. 262
484 WorkCover and WorkCover's board not otherwise subject to
government direction ........................................ 263
485 Minister not director etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
486 Monitoring and assessment of WorkCover . . . . . . . . . . . . . . . . . . . . . . . . . . 263
CHAPTER 10--WORKERS' COMPENSATION ADVISORY
COMMITTEES
487 Establishment of committees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
488 Membership of committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
489 Role of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
CHAPTER 11--MEDICAL ASSESSMENT TRIBUNALS
PART 1--OBJECT
490 Object of ch 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
PART 2--COMPOSITION AND PROCEEDINGS OF TRIBUNALS
491 Assessment tribunals to be maintained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
492 General Medical Assessment Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
493 Chairperson and deputy chairperson of General Medical Assessment
Tribunal ................................................ 266
494 Constitution of General Medical Assessment Tribunal for reference . . . . . . 267
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495 Panel for specialty medical assessment tribunal . . . . . . . . . . . . . . . . . . . . . . 267
496 Chairperson and deputy chairperson of specialty medical assessment
tribunal ................................................. 268
497 Specialty medical assessment tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
498 Conditions of appointment to tribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
499 Proceedings of tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
PART 3--JURISDICTION OF TRIBUNALS
500 Reference to tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
501 Reference about application for compensation . . . . . . . . . . . . . . . . . . . . . . . 270
502 Reference about worker's capacity for work. . . . . . . . . . . . . . . . . . . . . . . . . 271
503 Reference about worker's injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
504 Reference about worker's impairment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
505 Reference about worker's permanent impairment. . . . . . . . . . . . . . . . . . . . . 272
506 Reference about worker's level of dependency . . . . . . . . . . . . . . . . . . . . . . . 273
507 Reference about review of worker's permanent impairment. . . . . . . . . . . . . 273
508 Assessment of additional compensation for prescribed disfigurement . . . . . 273
509 Limitation of tribunals' jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
510 Power of tribunal to examine worker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
PART 4--PROCEEDINGS FOR EXERCISE OF TRIBUNALS'
JURISDICTION
511 Right to be heard before tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
512 Further reference on fresh evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
513 Deferral of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276
514 Tribunal may refer non-medical matters back to insurer . . . . . . . . . . . . . . . 276
515 Finality of tribunal's decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276
516 Decisions of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
517 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
CHAPTER 12--ENFORCEMENT
PART 1--AUTHORISED OFFICERS AND ENFORCEMENT
Division 1--Powers of authorised persons
518 Entry to workplaces. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
519 Power to require information from certain persons. . . . . . . . . . . . . . . . . . . . 277
520 Keeping and inspection of documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
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521 Warrants for entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279
522 Warrants--applications made other than in person. . . . . . . . . . . . . . . . . . . . 280
523 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281
524 Power to seize evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282
525 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282
526 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282
527 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
Division 2--Other enforcement matters
528 Authorised person to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . 283
529 Restitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
530 Costs of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
Division 3--Obstructing or impersonating authorised persons
531 Obstruction of authorised persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
532 Impersonation of authorised persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
PART 2--FRAUD AND FALSE AND MISLEADING STATEMENTS
533 Offences involving fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
534 False or misleading information or documents . . . . . . . . . . . . . . . . . . . . . . . 285
535 Particular acts taken to be fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286
536 Duty to report fraud or false or misleading information or documents. . . . . 287
537 Fraud and related offences end entitlement to compensation and damages . 288
CHAPTER 13--REVIEWS AND APPEALS
PART 1--INTERNAL REVIEW OF PROPOSED DECISIONS
538 Internal review by insurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
PART 2--AUTHORITY'S REVIEW OF DECISIONS
539 Object of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
540 Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
541 Who may apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291
542 Applying for review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291
543 Right of appearance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292
544 Decision-maker must give information to Authority. . . . . . . . . . . . . . . . . . . 292
545 Review of decision or failure to make a decision . . . . . . . . . . . . . . . . . . . . . 293
546 Notice of review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293
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Workers' Compensation and Rehabilitation Bill 2003
547 Reimbursement of costs of examination and report . . . . . . . . . . . . . . . . . . . 294
PART 3--APPEALS
Division 1--Appeal to industrial magistrate or Industrial Court
548 Application of div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294
549 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295
550 Procedure for appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295
551 Appeal about amount of premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296
552 Notice of time and place for hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296
553 Application of Uniform Civil Procedure Rules and Industrial
Relations (Tribunals) Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
554 Exchanging evidence before hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
555 Adjourning hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
556 Additional medical evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298
557 Correcting defects in proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298
558 Powers of industrial magistrate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
559 Decision of industrial magistrate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
560 Recovery of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
561 Appeal from industrial magistrate to Industrial Court . . . . . . . . . . . . . . . . . 300
562 Powers of Industrial Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
563 Costs of appeal to Industrial Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
564 Recovery of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
565 Decision about amount of premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
566 Decision about payment of compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . 301
Division 2--Appeal to court of competent jurisdiction
567 Application of div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
568 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302
569 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302
570 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303
571 Effect of decision of court on appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303
CHAPTER 14--MISCELLANEOUS
PART 1--INFORMATION
572 Claimant or worker entitled to obtain certain documents . . . . . . . . . . . . . . . 303
573 Disclosure of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304
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Workers' Compensation and Rehabilitation Bill 2003
574 Information from commissioner of police service . . . . . . . . . . . . . . . . . . . . 305
575 Information use immunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306
576 Information not actionable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306
PART 2--AUDITS
577 Audit of wages and contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307
PART 3--PROCEEDINGS
578 Proceedings for offences against ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307
579 Summary proceedings for offences other than against ch 8 . . . . . . . . . . . . . 309
580 Recovery of debts under this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310
581 Self-insurer recovery of debts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311
582 Powers of industrial magistrate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311
583 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311
PART 4--REGULATIONS
584 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314
PART 5--OTHER PROVISIONS
585 Entitlements to compensation under industrial instrument prohibited
and void ............................................... 314
586 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
587 Service of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
588 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
CHAPTER 15--TRANSITIONAL PROVISIONS
PART 1--INTERPRETATION
589 Definitions for ch 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
590 Other savings preserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316
PART 2--LEGAL SUCCESSION
591 Continuation of WorkCover Queensland. . . . . . . . . . . . . . . . . . . . . . . . . . . . 316
592 Authority is legal successor of Q-COMP . . . . . . . . . . . . . . . . . . . . . . . . . . . 316
PART 3--TRANSFER TO THE AUTHORITY
593 Transfer of general manager of Q-COMP. . . . . . . . . . . . . . . . . . . . . . . . . . . 317
594 Transfer of staff of Q-COMP to Authority . . . . . . . . . . . . . . . . . . . . . . . . . . 317
595 Preserved employment conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318
596 Transferred persons' superannuation on becoming public service officers. . 318
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Workers' Compensation and Rehabilitation Bill 2003
PART 4--INSURANCE
597 Merit bonuses and demerit charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318
598 Other contracts of insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319
599 Previous non-policy compensation arrangement with State . . . . . . . . . . . . . 319
PART 5--SELF-INSURANCE
600 Licences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319
601 Number of full-time workers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319
602 Self-insurer's bank guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320
PART 6--INJURIES
603 Injury under former Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321
604 Ex gratia payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321
PART 7--INJURY MANAGEMENT
605 Rehabilitation coordinators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322
606 Workplace rehabilitation policy and procedures . . . . . . . . . . . . . . . . . . . . . . 322
PART 8--MEDICAL ASSESSMENT TRIBUNALS
607 Continuation of tribunals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322
PART 9--OFFENCES
608 Offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322
PART 10--REVIEWS AND APPEALS
609 Decisions by WorkCover or self-insurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323
PART 11--MISCELLANEOUS
610 Claim for loss of consortium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323
611 Spouse of worker dying before 1 April 2004 . . . . . . . . . . . . . . . . . . . . . . . . 323
CHAPTER 16--AMENDMENT OF OTHER LEGISLATION
PART 1--AMENDMENT OF INDUSTRIAL RELATIONS ACT 1999
612 Act amended in pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324
613 Insertion of new ch 2, pt 1, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324
Division 1A--Minimum wage
8A Minimum wage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324
614 Amendment of s 275 (Power to declare persons to be employees or
employers) ............................................. 324
615 Amendment of s 276 (Power to amend or void contracts) . . . . . . . . . . . . . . 325
616 Amendment of s 293 (Magistrates' jurisdiction is exclusive) . . . . . . . . . . . . 325
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Workers' Compensation and Rehabilitation Bill 2003
617 Amendment of s 367 (Time and wages record--non-industrial instrument
employees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
618 Amendment of s 376 (Definitions for pt 2) . . . . . . . . . . . . . . . . . . . . . . . . . . 326
619 Amendment of s 666 (Non-payment of wages) . . . . . . . . . . . . . . . . . . . . . . 326
620 Amendment of s 701 (False pretences relating to employment). . . . . . . . . . 326
621 Amendment of sch 5 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327
PART 2--MINOR AND CONSEQUENTIAL AMENDMENTS
622 Acts amended in sch 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 328
REGULATIONS
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 330
WHO IS A WORKER
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 333
WHO IS AN EMPLOYER
SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 335
ADJACENT AREAS
SCHEDULE 5 . . . . . . . . . . . . . . . . . . . . . . . . 337
ACTS AMENDED
BUILDING AND CONSTRUCTION INDUSTRY (PORTABLE LONG
SERVICE LEAVE) ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337
BUILDING UNITS AND GROUP TITLES ACT 1980 . . . . . . . . . . . . . . . . 337
CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1964 . . . . . . . . . . . . . 337
COAL AND OIL SHALE MINE WORKERS'
SUPERANNUATION ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 338
COMMUNITY SERVICES (ABORIGINES) ACT 1984. . . . . . . . . . . . . . . 338
COMMUNITY SERVICES (TORRES STRAIT) ACT 1984. . . . . . . . . . . . 338
DUTIES ACT 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 339
EDUCATION (WORK EXPERIENCE) ACT 1996 . . . . . . . . . . . . . . . . . . . 339
HEALTH RIGHTS COMMISSION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . 339
HOSPITALS FOUNDATIONS ACT 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . 340
INDUSTRIAL RELATIONS ACT 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . 340
INTEGRATED RESORT DEVELOPMENT ACT 1987 . . . . . . . . . . . . . . . 340
MIXED USE DEVELOPMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . 341
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Workers' Compensation and Rehabilitation Bill 2003
PERSONAL INJURIES PROCEEDINGS ACT 2002 . . . . . . . . . . . . . . . . . 341
POLICE SERVICE ADMINISTRATION ACT 1990 . . . . . . . . . . . . . . . . . . 341
PUBLIC SAFETY PRESERVATION ACT 1986 . . . . . . . . . . . . . . . . . . . . . 341
PUBLIC SERVICE ACT 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341
SANCTUARY COVE RESORT ACT 1985 . . . . . . . . . . . . . . . . . . . . . . . . . 342
SOUTH BANK CORPORATION ACT 1989. . . . . . . . . . . . . . . . . . . . . . . . 342
TRAINING AND EMPLOYMENT ACT 2000 . . . . . . . . . . . . . . . . . . . . . . 342
WORKPLACE HEALTH AND SAFETY ACT 1995 . . . . . . . . . . . . . . . . . 343
SCHEDULE 6 . . . . . . . . . . . . . . . . . . . . . . . . 344
DICTIONARY
2003
A BILL
FOR
An Act to establish a workers' compensation scheme for Queensland,
and for other purposes
s1 32 s4
Workers' Compensation and Rehabilitation Bill 2003
The Parliament of Queensland enacts-- 1
CHAPTER 1--PRELIMINARY 2
PART 1--INTRODUCTION 3
1 Short title 4
This Act may be cited as the Workers' Compensation and Rehabilitation
Act 2003. 1
2 Commencement 2
(1) Sections 613 to 618 and 621 are taken to have commenced on 1 April 3
2003. 4
(2) The remaining provisions of this Act, (other than sections 612, 619 5
and 620) commence on 1 July 2003.1 6
3 Act binds all persons 7
This Act binds all persons, including the State, and, so far as the 8
legislative power of Parliament permits, the other States. 9
PART 2--OBJECTS 10
4 Objects of Act 11
(1) This part states the main objects of this Act. 12
(2) The objects are an aid to the interpretation of this Act. 13
1 Under the Acts Interpretation Act 1954, section 15A, sections 612, 619 and 620 of
this Act commence on the date of assent.
s5 33 s5
Workers' Compensation and Rehabilitation Bill 2003
5 Workers' compensation scheme 1
(1) This Act establishes a workers' compensation scheme for 2
Queensland-- 3
(a) providing benefits for workers who sustain injury in their 4
employment, for dependants if a worker's injury results in the 5
worker's death, for persons other than workers, and for other 6
benefits; and 7
(b) encouraging improved health and safety performance by 8
employers. 9
(2) The main provisions of the scheme provide the following for injuries 10
sustained by workers in their employment-- 11
(a) compensation; 12
(b) regulation of access to damages; 13
(c) employers' liability for compensation; 14
(d) employers' obligation to be covered against liability for 15
compensation and damages either under a WorkCover insurance 16
policy or under a licence as a self-insurer; 17
(e) management of compensation claims by insurers; 18
(f) injury management, emphasising rehabilitation of workers 19
particularly for return to work; 20
(g) procedures for assessment of injuries by appropriately qualified 21
persons or by independent medical assessment tribunals; 22
(h) rights of review of, and appeal against, decisions made under this 23
Act. 24
(3) There is some scope for the application of the Act to injuries 25
sustained by persons other than workers, for example under arrangements 26
for specified benefits for specified persons or treatment of specified 27
persons in some respects as workers. 28
(4) It is intended that the scheme should-- 29
(a) maintain a balance between-- 30
(i) providing fair and appropriate benefits for injured workers 31
or dependants and persons other than workers; and 32
(ii) ensuring reasonable premium levels for employers; and 33
s6 34 s8
Workers' Compensation and Rehabilitation Bill 2003
(b) ensure that injured workers or dependants are treated fairly by 1
insurers; and 2
(c) provide for the protection of employers' interests in relation to 3
claims for damages for workers' injuries; and 4
(d) provide for employers and injured workers to participate in 5
effective return to work programs; and 6
(e) provide for flexible insurance arrangements suited to the 7
particular needs of industry. 8
(5) Because it is in the State's interests that industry remain locally, 9
nationally and internationally competitive, it is intended that compulsory 10
insurance against injury in employment should not impose too heavy a 11
burden on employers and the community. 12
6 Administration 13
This Act provides for the efficient administration of the scheme and of 14
this Act through the establishment of the Authority and WorkCover. 15
PART 3--DEFINITIONS 16
7 Definitions 17
The dictionary in schedule 6 defines particular words used in this Act. 18
PART 4--BASIC CONCEPTS 19
Division 1--Accident insurance, compensation and damages 20
8 Meaning of "accident insurance" 21
"Accident insurance" is insurance by which an employer is 22
indemnified against all amounts for which the employer may become 23
s9 35 s 11
Workers' Compensation and Rehabilitation Bill 2003
legally liable, for injury sustained by a worker employed by the employer 1
for-- 2
(a) compensation; and 3
(b) damages. 4
9 Meaning of "compensation" 5
"Compensation" is compensation under this Act, that is, amounts for a 6
worker's injury payable under chapters 3 and 42 by an insurer to a worker, 7
a dependant of a deceased worker or anyone else, and includes 8
compensation paid or payable under a former Act. 9
10 Meaning of "damages" 10
(1) "Damages" is damages for injury sustained by a worker in 11
circumstances creating, independently of this Act, a legal liability in the 12
worker's employer to pay damages to-- 13
(a) the worker; or 14
(b) if the injury results in the worker's death--a dependant of the 15
deceased worker. 16
(2) A reference in subsection (1) to the liability of an employer does not 17
include a liability against which the employer is required to provide 18
under-- 19
(a) another Act; or 20
(b) a law of another State, the Commonwealth or of another country. 21
(3) Also, a reference in subsection (1) to the liability of an employer does 22
not include a liability to pay damages for loss of consortium resulting from 23
injury sustained by a worker. 24
Division 2--Workers 25
11 Who is a "worker" 26
(1) A "worker" is an individual who works under a contract of service. 27
2 Chapters 3 (Compensation) and 4 (Injury management)
s 12 36 s 13
Workers' Compensation and Rehabilitation Bill 2003
(2) Also, a person mentioned in schedule 2, part 1 is a "worker". 1
(3) However, a person mentioned in schedule 2, part 2 is not a 2
"worker". 3
Division 3--Persons entitled to compensation other than workers 4
Subdivision 1--Volunteers etc. 5
12 Entitlements of persons mentioned in sdiv 1 6
(1) A person mentioned in this subdivision who is covered under a 7
contract of insurance entered into with WorkCover for this subdivision has, 8
subject to this subdivision-- 9
(a) an entitlement to weekly payments of compensation under 10
chapter 3, part 9, division 4, subdivision 3 and division 5;3 and 11
(b) for all other entitlements--the same entitlements to 12
compensation as a worker. 13
(2) The contract does not cover payment of damages for injury sustained 14
by the person. 15
(3) For the purpose of the contract, in the application of the definition 16
"injury" to the person-- 17
(a) the activity covered by the contract is taken to be the person's 18
employment; and 19
(b) the party with whom WorkCover enters the contract is taken to be 20
the person's employer. 21
13 Counterdisaster volunteer 22
(1) WorkCover may enter into a contract of insurance for this 23
subdivision with the chief executive of the department within which the 24
State Counter-Disaster Organisation Act 1975 is administered. 25
3 Chapter 3 (Compensation), part 9 (Weekly payment of compensation), division 4
(Entitlement for total incapacity), subdivision 3 (Persons entitled to compensation
other than workers, students and eligible persons) and division 5 (Entitlement for
partial incapacity)
s 14 37 s 14
Workers' Compensation and Rehabilitation Bill 2003
(2) The contract may cover a member of-- 1
(a) a body acting under the authority of the State Counterdisaster 2
Organisation; or 3
(b) the State Emergency Service; or 4
(c) a local emergency service. 5
(3) A person covered by the contract is entitled to compensation for 6
injury sustained only while engaged in a counterdisaster operation or an 7
emergency related function, or participating in an activity arising out of, or 8
in the course of, a counterdisaster operation or an emergency related 9
function, including training, under the control of-- 10
(a) a member of the State Counterdisaster Organisation or a person 11
acting under the member's authority; or 12
(b) the executive director (counterdisaster services) or a person 13
acting under the director's authority; or 14
(c) a member of a local emergency service or a person acting under 15
the member's authority. 16
(4) In this section-- 17
"counterdisaster" see the State Counter-Disaster Organisation Act 1975, 18
section 6.4 19
"director (counterdisaster services)" see the State Counter-Disaster 20
Organisation Act 1975, section 6, definition "director". 21
"emergency related function" see the State Counter-Disaster 22
Organisation Act 1975, section 6. 23
"local emergency service" see the State Counter-Disaster Organisation 24
Act 1975, section 6. 25
14 Rural fire brigade member 26
(1) WorkCover may enter into a contract of insurance for this 27
subdivision with the authority responsible for management of a rural fire 28
brigade under the Fire and Rescue Service Act 1990. 29
4 Under the State Counter-Disaster Organisation Act 1975, section 6, definition
"director", the chief executive of the department within which the Act is
administered nominates an officer of the department as the executive director
(counterdisaster services).
s 15 38 s 17
Workers' Compensation and Rehabilitation Bill 2003
(2) The contract may cover a member of the rural fire brigade. 1
(3) A person covered by the contract is entitled to compensation for 2
injury sustained only while performing duties, including being trained, as a 3
member of the rural fire brigade. 4
15 Volunteer fire fighter or volunteer fire warden 5
(1) WorkCover may enter into a contract of insurance for this 6
subdivision with the authority responsible for the management of the 7
State's fire services. 8
(2) The contract may cover a volunteer fire fighter or a volunteer fire 9
warden ("volunteer"). 10
(3) A person covered by the contract is entitled to compensation for 11
injury sustained only while attending at a fire, or practising, or performing 12
any other duty, as a volunteer. 13
16 Statutory or industrial body member 14
(1) WorkCover may enter into a contract of insurance for this 15
subdivision with a local government, statutory body, industrial union of 16
employees or employers or an association of employers or a similar body 17
of a public nature ("public body"). 18
(2) The contract may cover a councillor, member, delegate or similar 19
person of the public body ("member"). 20
(3) A person covered by the contract is entitled to compensation for 21
injury sustained only while attending meetings of the public body or 22
performing any other duty of office as a member. 23
17 Honorary ambulance officers 24
(1) WorkCover may enter into a contract of insurance for this 25
subdivision with the authority responsible for the State's ambulance 26
transport. 27
(2) The contract may cover an honorary ambulance officer 28
("volunteer"). 29
(3) A person covered by the contract is entitled to compensation for 30
injury sustained only while performing a duty required of the person as a 31
volunteer. 32
s 18 39 s 20
Workers' Compensation and Rehabilitation Bill 2003
18 Person in voluntary or honorary position with religious, 1
charitable or benevolent organisation 2
(1) WorkCover may enter into a contract of insurance for this 3
subdivision with a church, nonprofit charitable organisation or benevolent 4
institution ("institution"). 5
(2) The contract may cover a person in a voluntary or honorary position 6
with the institution ("volunteer"). 7
(3) A person covered by the contract is entitled to compensation for 8
injury sustained only while engaged on a specific capital undertaking of the 9
institution and performing a duty required by or for the institution for the 10
undertaking, as a volunteer. 11
19 Person in voluntary or honorary position with nonprofit 12
organisation 13
(1) WorkCover may enter into a contract of insurance for this 14
subdivision with a non-profit organisation. 15
(2) The contract may cover a person in a voluntary or honorary position 16
with the organisation ("volunteer"). 17
(3) A person covered by the contract is entitled to compensation for 18
injury sustained only while attending meetings and performing any other 19
duty the organisation requires, as a volunteer. 20
Subdivision 2--Persons performing community service etc. 21
20 Entitlements of persons in sdiv 2 22
(1) A person mentioned in this subdivision who is covered under a 23
contract of insurance entered into with WorkCover for this subdivision has, 24
subject to this subdivision-- 25
(a) an entitlement to weekly payments of compensation under 26
chapter 3, part 9, division 4, subdivision 3 and division 5;5 and 27
5 Chapter 3 (Compensation), part 9 (Weekly payment of compensation), division 4
(Entitlement for total incapacity), subdivision 3 (Persons entitled to compensation
other than workers, students and eligible persons) and division 5 (Entitlement for
partial incapacity)
s 21 40 s 21
Workers' Compensation and Rehabilitation Bill 2003
(b) for all other entitlements--the same entitlements to 1
compensation as a worker. 2
(2) The contract does not cover payment of damages for injury sustained 3
by the person. 4
(3) For the purpose of the contract, in the application of the definition 5
"injury" to the person-- 6
(a) the activity covered by the contract is taken to be the person's 7
employment; and 8
(b) the party with whom WorkCover enters the contract is taken to be 9
the person's employer. 10
21 Persons performing community service or unpaid duties 11
(1) WorkCover may enter into a contract of insurance for this 12
subdivision with the authority responsible for directing the performance 13
of-- 14
(a) community service under a community service order or fine 15
option order under the Penalties and Sentences Act 1992; or 16
(b) community service under a community service order under any 17
other Act; or 18
(c) a work-related activity or program as part of an order or program 19
under the Juvenile Justice Act 1992, other than an activity or 20
program performed while in the custody of the chief executive 21
(corrective services).6 22
(2) The contract may cover a person performing the community service 23
or the work-related activity or program. 24
(3) A person covered by the contract is entitled to compensation for 25
injury sustained only while performing the community service or the 26
workrelated activity or program. 27
6 For the definition of "chief executive (corrective services)", see Acts Interpretation
Act 1954.
s 22 41 s 22
Workers' Compensation and Rehabilitation Bill 2003
Subdivision 3--Students 1
22 Students 2
(1) WorkCover may enter into-- 3
(a) a contract of insurance for this subdivision with the authority 4
through which is administered the Education (Work Experience) 5
Act 1996 in relation to a State student; or 6
(b) a contract of insurance for this subdivision with the person 7
having control of a non-State school in relation to a student 8
enrolled at the school who is 14 or over; or 9
(c) a contract of insurance for this subdivision with a registered 10
training organisation attended by a vocational placement student. 11
(2) The contract may cover the student for injury arising out of, or in the 12
course of, work experience or vocational placement as provided under a 13
regulation but must not cover a student for damages. 14
(3) The student has the entitlement to compensation for injury that is 15
provided under a regulation. 16
(4) In this section-- 17
"non-State school" means a school that is provisionally accredited, or 18
accredited, under the Education (Accreditation of Non-State Schools) 19
Act 2001. 20
"registered training organisation" see the Training and Employment Act 21
2000, section 14.7 22
"State student" means a student defined in the Education (Work 23
Experience) Act 1996, dictionary. 24
7 Training and Employment Act 2000, section 14, definition "registered training
organisation"--
"registered training organisation", is a training organisation that is registered to
provide--
(a) training services; or
(b) recognition services.
s 23 42 s 25
Workers' Compensation and Rehabilitation Bill 2003
"vocational placement" see the Training and Employment Act 2000, 1
section 17.8 2
Subdivision 4--Eligible persons 3
23 Meaning of "eligible person" 4
An "eligible person" is an individual who, other than as a worker, 5
receives remuneration or other benefit for performing work, or providing 6
services as-- 7
(a) a contractor; or 8
(b) a self-employed individual; or 9
(c) a director of a corporation; or 10
(d) a trustee; or 11
(e) a member of a partnership. 12
24 Eligible person may apply to be insured 13
WorkCover must enter into a contract of insurance for this subdivision 14
with an eligible person who wishes to enter into a contract of insurance 15
with WorkCover for this subdivision. 16
25 Entitlements of eligible persons 17
(1) A person mentioned in this subdivision who is covered under a 18
contract of insurance entered into with WorkCover for this subdivision has, 19
subject to this subdivision-- 20
8 Training and Employment Act 2000, section 17, definition `vocational placement'--
"vocational placement", for a student, is the placement under a vocational
placement agreement of the student in a work environment with a placement
person who agrees to deliver to the student the training stated in the training plan
for the placement.
s 26 43 s 27
Workers' Compensation and Rehabilitation Bill 2003
(a) an entitlement to weekly payments of compensation under 1
chapter 3, part 9, division 4, subdivision 4 and division 5, 2
subdivision 2;9 and 3
(b) for all other entitlements--the same entitlements to 4
compensation as a worker. 5
(2) The contract does not cover payment of damages for injury sustained 6
by the person. 7
Subdivision 5--Other persons 8
26 Other persons 9
(1) WorkCover may enter into a contract of insurance for this 10
subdivision with a person (the "insured person"), whether or not an 11
employer, for injury sustained by other persons. 12
(2) The contract may cover a person who performs work or provides a 13
service from which the insured person gains a benefit for the same 14
entitlements provided to a worker under this Act. 15
(3) Cover under the contract must not exceed the cover available under 16
this Act for-- 17
(a) compensation; or 18
(b) damages. 19
Division 4--Spouses, members of the family and dependants 20
27 Meaning of "dependant" 21
A "dependant", of a deceased worker, is a member of the deceased 22
worker's family who was completely or partly dependent on the worker's 23
earnings at the time of the worker's death or, but for the worker's death, 24
would have been so dependent. 25
9 Chapter 3 (Compensation), part 9 (Weekly payment of compensation), division 4
(Entitlement for total incapacity), subdivision 4 (Eligible persons) and division 5
(Entitlement for partial incapacity), subdivision 2 (Eligible persons)
s 28 44 s 29
Workers' Compensation and Rehabilitation Bill 2003
28 Meaning of "member of the family" 1
A person is a "member of the family" of a deceased worker, if the 2
person is-- 3
(a) the worker's-- 4
(i) spouse; or 5
(ii) parent, grandparent and stepparent; or 6
(iii) child, grandchild and stepchild; or 7
(iv) brother, sister, half-brother and half-sister; or 8
(b) if the worker stands in the place of a parent to another 9
person--the other person; or 10
(c) if another person stands in the place of a parent to the deceased 11
worker--the other person. 12
29 Who is the "spouse" of a deceased worker 13
(1) The "spouse", of a deceased worker, includes the worker's de facto 14
partner only if the worker and the de facto partner lived together as a 15
couple on a genuine domestic basis within the meaning of the Acts 16
Interpretation Act 1954, section 32DA10-- 17
(a) generally-- 18
(i) for a continuous period of at least 2 years ending on the 19
worker's death; or 20
(ii) for a shorter period ending on the deceased's death, if the 21
circumstances of the de facto relationship of the deceased 22
and the de facto partner evidenced a clear intention that the 23
relationship be a long term, committed relationship; or 24
(b) if the deceased left a dependant who is a child of the 25
relationship--immediately before the worker's death. 26
(2) In this section-- 27
"child of the relationship" means a child of the worker and the de facto 28
partner, and includes a child born after the worker's death. 29
10 Acts Interpretation Act 1954, section 32DA (Meaning of "de facto partner")
s 30 45 s 31
Workers' Compensation and Rehabilitation Bill 2003
"dependant" includes a child born after the worker's death who would 1
have been completely or partly dependent on the worker's earnings 2
after the child's birth if the worker had not died. 3
Division 5--Employers 4
30 Who is an "employer" 5
(1) An "employer" is a person who employs a worker and includes-- 6
(a) a government entity that employs a worker; and 7
(b) a deceased employer's legal personal representative. 8
(2) Also, a person mentioned in schedule 3, part 1 is an "employer". 9
(3) However, a person mentioned in schedule 3, part 2 is not an 10
"employer". 11
(4) A reference to an employer of a worker who sustains an injury is a 12
reference to the employer out of whose employment, or in the course of 13
whose employment, the injury arose. 14
Division 6--Injuries and impairment 15
Subdivision 1--Event resulting in injury 16
31 Meaning of "event" 17
(1) An event is anything that results in injury, including a latent onset 18
injury, to a worker. 19
(2) An event includes continuous or repeated exposure to substantially 20
the same conditions that results in an injury to a worker. 21
(3) A worker may sustain 1 or multiple injuries as a result of an event 22
whether the injury happens or injuries happen immediately or over a 23
period. 24
(4) If multiple injuries result from an event, they are taken to have 25
happened in 1 event. 26
s 32 46 s 32
Workers' Compensation and Rehabilitation Bill 2003
(5) In this section-- 1
"latent onset injury" means an insidious disease. 2
Subdivision 2--Injury 3
32 Meaning of "injury" 4
(1) An "injury" is personal injury arising out of, or in the course of, 5
employment if the employment is a significant contributing factor to the 6
injury. 7
(2) However, employment need not be a significant contributing factor 8
to the injury if section 34(2) or 35(2)11 applies. 9
(3) "Injury" includes the following-- 10
(a) a disease contracted in the course of employment, whether at or 11
away from the place of employment, if the employment is a 12
significant contributing factor to the disease; 13
(b) an aggravation of the following, if the aggravation arises out of, 14
or in the course of, employment and the employment is a 15
significant contributing factor to the aggravation-- 16
(i) a personal injury; 17
(ii) a disease; 18
(iii) a medical condition if the condition becomes a personal 19
injury or disease because of the aggravation; 20
(c) loss of hearing resulting in industrial deafness if the employment 21
is a significant contributing factor to causing the loss of hearing; 22
(d) death from injury arising out of, or in the course of, employment 23
if the employment is a significant contributing factor to causing 24
the injury; 25
(e) death from a disease mentioned in paragraph (a), if the 26
employment is a significant contributing factor to the disease; 27
11 Section 34 (Injury while at or after worker attends place of employment) or
35 (Other circumstances)
s 33 47 s 34
Workers' Compensation and Rehabilitation Bill 2003
(f) death from an aggravation mentioned in paragraph (b), if the 1
employment is a significant contributing factor to the 2
aggravation. 3
(4) For subsection (3)(b), to remove any doubt, it is declared that an 4
aggravation mentioned in the provision is an injury only to the extent of the 5
effects of the aggravation. 6
(5) Despite subsection (1) and (3), "injury" does not include a 7
psychiatric or psychological disorder arising out of, or in the course of, any 8
of the following circumstances-- 9
(a) reasonable management action taken in a reasonable way by the 10
employer in connection with the worker's employment; 11
(b) the worker's expectation or perception of reasonable 12
management action being taken against the worker; 13
(c) action by an insurer in connection with the worker's application 14
for compensation. 15
16
Examples of actions that may be reasonable management actions taken in a
17
reasonable way--
18
� action taken to transfer, demote, discipline, redeploy, retrench or
19
dismiss the worker
20
� a decision not to award or provide promotion, reclassification or
21
transfer of, or leave of absence or benefit in connection with, the
22
worker's employment.
Subdivision 3--When injury arises out of, or in the course of, 23
employment 24
33 Application of sdiv 3 25
This subdivision does not limit the circumstances in which an injury to a 26
worker arises out of, or in the course of, the worker's employment. 27
34 Injury while at or after worker attends place of employment 28
(1) An injury to a worker is taken to arise out of, or in the course of, the 29
worker's employment if the event happens on a day on which the worker 30
has attended at the place of employment as required under the terms of the 31
worker's employment-- 32
s 35 48 s 35
Workers' Compensation and Rehabilitation Bill 2003
(a) while the worker is at the place of employment and is engaged in 1
an activity for, or in connection with, the employer's trade or 2
business; or 3
(b) while the worker is away from the place of employment in the 4
course of the worker's employment; or 5
(c) while the worker is temporarily absent from the place of 6
employment during an ordinary recess if the event is not due to 7
the worker voluntarily subjecting themself to an abnormal risk of 8
injury during the recess. 9
(2) For subsection (1)(c), employment need not be a significant 10
contributing factor to the injury. 11
35 Other circumstances 12
(1) An injury to a worker is also taken to arise out of, or in the course of, 13
the worker's employment if the event happens while the worker-- 14
(a) is on a journey between the worker's home and place of 15
employment; or 16
(b) is on a journey between the worker's home or place of 17
employment and a trade, technical or other training school-- 18
(i) that the worker is required under the terms of the worker's 19
employment to attend; or 20
(ii) that the employer expects the worker to attend; or 21
(c) for an existing injury for which compensation is payable to the 22
worker--is on a journey between the worker's home or place of 23
employment and a place-- 24
(i) to obtain medical or hospital advice, attention or treatment; 25
or 26
(ii) to undertake rehabilitation; or 27
(iii) to submit to examination by a registered person under a 28
provision of this Act or to a requirement under this Act; or 29
(iv) to receive payment of compensation; or 30
(d) is on a journey between the worker's place of employment with 31
1 employer and the worker's place of employment with another 32
employer; or 33
s 36 49 s 36
Workers' Compensation and Rehabilitation Bill 2003
(e) is attending a school mentioned in paragraph (b) or a place 1
mentioned in paragraph (c). 2
(2) For subsection (1), employment need not be a significant 3
contributing factor to the injury. 4
(3) For subsection (1), a journey from or to a worker's home starts or 5
ends at the boundary of the land on which the home is situated. 6
(4) In this section-- 7
"home", of a worker, means the worker's usual place of residence, and 8
includes a place where the worker-- 9
(a) temporarily resided before starting a journey mentioned in this 10
section; or 11
(b) intended to temporarily reside after ending a journey mentioned 12
in this section. 13
36 Injury that happens during particular journeys 14
(1) This section applies if a worker sustains an injury in an event that 15
happens during a journey mentioned in section 35. 16
(2) The injury to the worker is not taken to arise out of, or in the course 17
of, the worker's employment if the event happens-- 18
(a) while the worker is in control of a vehicle and contravenes-- 19
(i) the Transport Operations (Road Use Management) Act 20
1995, section 79, or a corresponding law, if the 21
contravention is the major significant factor causing the 22
event; or 23
(ii) the Criminal Code, section 328A12 or a corresponding law, 24
if the contravention is the major significant factor causing 25
the event; or 26
(b) during or after-- 27
(i) a substantial delay before the worker starts the journey; or 28
(ii) a substantial interruption of, or deviation from, the journey. 29
(3) However, subsection (2)(b) does not apply if-- 30
12 Criminal Code, section 328A (Dangerous operation of a vehicle)
s 37 50 s 37
Workers' Compensation and Rehabilitation Bill 2003
(a) the reason for the delay, interruption or deviation is connected 1
with the workers' employment; or 2
(b) the delay, interruption or deviation arises because of 3
circumstances beyond the worker's control. 4
(4) For subsection (2)(b)(i), in deciding whether there has been a 5
substantial delay before the worker starts the journey, regard must be had 6
to the following matters-- 7
(a) the reason for the delay; 8
(b) the actual or estimated period of time for the journey in relation 9
to the actual or estimated period of time for the delay. 10
(5) For subsection (2)(b)(ii), in deciding whether there has been a 11
substantial interruption of, or deviation from the journey, regard must be 12
had to the following matters-- 13
(a) the reason for the interruption or deviation; 14
(b) the actual or estimated period of time for the journey in relation 15
to the actual or estimated period of time for the interruption or 16
deviation; 17
(c) for a deviation--the distance travelled for the journey in relation 18
to the distance travelled for the deviation. 19
(6) In subsection (2)(a)(i) and (ii)-- 20
"corresponding law" means a law of another State that is substantially 21
equivalent-- 22
(a) for subsection (2)(a)(i)--to the law mentioned in that provision; 23
or 24
(b) for subsection (2)(a)(ii)--to the law mentioned in that provision. 25
Subdivision 4--Impairment from injury 26
37 Meaning of "impairment" 27
An "impairment", from injury, is a loss of, or loss of efficient use of, 28
any part of a worker's body. 29
s 38 51 s 41
Workers' Compensation and Rehabilitation Bill 2003
38 Meaning of "permanent impairment" 1
A "permanent impairment", from injury, is an impairment that is 2
stable and stationary and not likely to improve with further medical or 3
surgical treatment. 4
39 Meaning of "work related impairment" 5
(1) A worker's "work related impairment" from injury is the worker's 6
entitlement to lump sum compensation under section 18013 expressed as a 7
percentage of maximum statutory compensation calculated under 8
section 183.14 9
(2) To remove any doubt, it is declared that a work related impairment 10
only relates to injury arising out of, or in the course of, the worker's 11
employment within the meaning of this division. 12
Division 7--Rehabilitation 13
40 Meaning of "rehabilitation" 14
(1) "Rehabilitation", of a worker, is-- 15
(a) necessary and reasonable-- 16
(i) suitable duties programs; or 17
(ii) services provided by a registered person; or 18
(iii) services approved by an insurer; or 19
(b) the provision of necessary and reasonable aids or equipment to 20
the worker. 21
(2) The purpose of rehabilitation is to ensure the worker's earliest 22
possible return to work or to maximise the worker's independent 23
functioning. 24
41 Meaning of "rehabilitation coordinator" 25
A "rehabilitation coordinator" is a person who-- 26
13 Section 180 (Calculation of lump sum compensation)
14 Section 183 (Calculation of WRI)
s 42 52 s 45
Workers' Compensation and Rehabilitation Bill 2003
(a) has attended a workplace rehabilitation course approved by the 1
Authority; and 2
(b) has a current certificate issued by the Authority for satisfactorily 3
completing the course. 4
42 Meaning of "suitable duties" 5
"Suitable duties", in relation to a worker, are work duties for which the 6
worker is suited having regard to the following matters-- 7
(a) the nature of the worker's incapacity and pre-injury employment; 8
(b) relevant medical information; 9
(c) the rehabilitation plan for the worker; 10
(d) the provisions of the employer's workplace rehabilitation policy 11
and procedures; 12
(e) the worker's age, education, skills and work experience; 13
(f) if duties are available at a location (the "other location") other 14
than the location in which the worker was injured--whether it is 15
reasonable to expect the worker to attend the other location; 16
(g) any other relevant matters. 17
43 Meaning of "workplace rehabilitation" 18
"Workplace rehabilitation" is a system of rehabilitation accredited by 19
the Authority that is initiated or managed by an employer. 20
44 Meaning of "workplace rehabilitation policy and procedures" 21
"Workplace rehabilitation policy and procedures" are written policy 22
and procedures for workplace rehabilitation that are accredited by the 23
Authority. 24
45 Meaning of "accredited workplace" 25
An "accredited workplace" is a workplace that has workplace 26
rehabilitation policy and procedures. 27
s 46 53 s 48
Workers' Compensation and Rehabilitation Bill 2003
CHAPTER 2--EMPLOYER'S OBLIGATIONS 1
PART 1--EMPLOYER'S LEGAL LIABILITY 2
46 Employer's legal liability 3
(1) An employer is legally liable for compensation for injury sustained 4
by a worker employed by the employer. 5
(2) This Act does not impose any legal liability on an employer for 6
damages for injuries sustained by a worker employed by the employer, 7
though chapter 515 regulates access to damages. 8
47 WorkCover's liability confined to compensation 9
WorkCover is not taken to be an employer of a worker because 10
WorkCover has paid, is paying, or is liable to pay compensation to, or on 11
account of, the worker. 12
PART 2--EMPLOYER'S INSURANCE REQUIREMENTS 13
Division 1--General obligations 14
48 Employer's obligation to insure 15
(1) Every employer must, for each worker employed by the employer, 16
insure and remain insured, that is, be covered to the extent of accident 17
insurance, against injury sustained by the worker for-- 18
(a) the employer's legal liability for compensation; and 19
(b) the employer's legal liability for damages. 20
(2) The obligation to insure under subsection (1)(b) does not include an 21
obligation to insure for an employer's legal liability for damages for which 22
WorkCover is not authorised to indemnify the employer. 23
15 Chapter 5 (Access to damages)
s 49 54 s 50
Workers' Compensation and Rehabilitation Bill 2003
(3) The employer's liability must be provided for-- 1
(a) under a licence as a self-insurer under part 4;16 or 2
(b) under a WorkCover policy. 3
(4) WorkCover must not issue more than 1 policy for each employer. 4
(5) However, if the employer is the State, WorkCover may issue 5
1 policy for each department of government. 6
49 Exemption if employer has other insurance 7
(1) WorkCover may exempt an employer from insuring under this Act if 8
WorkCover is satisfied that the employer has similar insurance for the 9
employer's workers under another law. 10
(2) To exempt an employer, WorkCover must-- 11
(a) be satisfied that the employer's workers will not be 12
disadvantaged; and 13
(b) obtain advice from the Authority that the exemption will not 14
adversely affect the workers' compensation scheme. 15
(3) If an employer is aggrieved by WorkCover's decision, the employer 16
may have the decision reviewed under chapter 13.17 17
Division 2--Contravention of employer's general obligation and 18
associated provisions 19
50 When an employer contravenes the general obligation to insure 20
An employer who is not a self-insurer contravenes section 4818 if-- 21
(a) before or immediately after the employer starts to employ any 22
worker or workers, the employer does not apply in the approved 23
form to WorkCover for the policy required under section 48; or 24
16 Part 4 (Employer's self-insurance)
17 Chapter 13 (Reviews and appeals)
18 Section 48 (Employer's obligation to insure)
s 51 55 s 52
Workers' Compensation and Rehabilitation Bill 2003
(b) having taken out a policy required under section 48, the employer 1
does not maintain it in force at all times while being an employer 2
by-- 3
(i) making at the time and in the way required every annual or 4
other periodic return required for all workers employed by 5
the employer; and 6
(ii) paying at the time and in the way required every premium 7
payable for the policy or for its renewal for any year. 8
51 Offence of contravening general obligation to insure 9
(1) An employer must not contravene section 48. 10
Maximum penalty--275 penalty units. 11
(2) It is a defence to prove that at the time of the alleged contravention-- 12
(a) the employer believed on reasonable grounds that the employer 13
could not be liable under this Act in relation to the worker 14
because under section 113 the worker's employment was not 15
connected with this State; and 16
(b) the employer had workers' compensation cover in relation to the 17
worker's employment under the law of the State with which the 18
employer believed on reasonable grounds the worker's 19
employment was connected under section 113. 20
(3) In subsection (2)-- 21
"workers' compensation cover" means insurance or registration required 22
under the law of a State in relation to liability for statutory workers' 23
compensation under that law. 24
52 Offence to charge worker for compensation or damages for injury 25
A person must not, directly or indirectly, take or receive from a worker, 26
whether by way of deduction from wages or otherwise, an amount for 27
anyone's legal liability as an employer for-- 28
(a) compensation for injury that is, or may be, sustained by the 29
worker; or 30
(b) damages for injury that is, or may be, sustained by the worker. 31
Maximum penalty--20 penalty units. 32
s 53 56 s 54
Workers' Compensation and Rehabilitation Bill 2003
53 Recovery of unlawful charge for compensation or damages for 1
injury 2
(1) An amount taken or received from a worker in contravention of 3
section 52 with or without the worker's consent, may be recovered by the 4
worker as a debt from-- 5
(a) the person who took or received the amount; and 6
(b) if that person was acting for the worker's employer in taking or 7
receiving the money--the worker's employer. 8
(2) A worker is not entitled to recover the amount more than once. 9
PART 3--INSURANCE UNDER WORKCOVER 10
POLICIES GENERALLY 11
Division 1--Premium setting generally 12
54 Setting of premium 13
(1) WorkCover must set the premium payable under a policy. 14
(2) The premium payable for the policy for a period of insurance must be 15
assessed according to the method (the "method") and at the rate (the 16
"rate") specified by WorkCover by industrial gazette notice. 17
(3) If no rate is specified in the notice for an employer's industry or 18
business, WorkCover must decide the rate to be the rate applying to the 19
industry or business classification specified in the notice that most closely 20
describes the employer's industry or business. 21
(4) Before WorkCover publishes the industrial gazette notice, it must 22
notify the Minister and the Authority of the proposed specification of 23
method or rate. 24
(5) The specification is subject to any direction the Minister may make 25
under section 481.19 26
(6) An assessment of premium must be made on the following basis-- 27
19 Section 481 (Reserve power of Minister to give directions in public interest)
s 55 57 s 55
Workers' Compensation and Rehabilitation Bill 2003
(a) wages paid or estimated to be paid during the period of 1
insurance-- 2
(i) are taken to have been paid in equal weekly instalments 3
during the period; or 4
(ii) if the employer establishes to WorkCover's satisfaction the 5
wages were paid by the employer in another way, are paid in 6
the other way during the period; 7
(b) the premium payable for the period of insurance is according to 8
the method and at the rate in force from time to time during the 9
period. 10
(7) An employer to whom a premium notice is given must pay the 11
premium as assessed by the due date. 12
(8) If the employer is a corporation and an administrator is appointed 13
under the Corporations Act to administer the corporation, the administrator 14
must pay the premium for the period during which the corporation is under 15
administration. 16
(9) If an employer is aggrieved by WorkCover's decision, the employer 17
may have the decision reviewed under chapter 13.20 18
55 Setting premium on change of ownership of business 19
(1) This section applies if a person (a "new employer") acquires the 20
whole or a part of a business from an employer (a "former employer") 21
who is currently insured under a policy with WorkCover. 22
(2) In calculating the premium payable by the new employer, 23
WorkCover may have regard to the claims experience of the business 24
under the former employer. 25
(3) In deciding whether to have regard to the claims experience of the 26
business under a former employer, WorkCover may consider any relevant 27
matter, including the following-- 28
(a) if the new employer is an individual, whether the new employer 29
is or was-- 30
(i) a partner of the former employer; or 31
(ii) an officer or shareholder of the former employer; or 32
20 Chapter 13 (Reviews and appeals)
s 56 58 s 56
Workers' Compensation and Rehabilitation Bill 2003
(iii) an officer or shareholder of a related body corporate of the 1
former employer; 2
(b) if the new employer is a partnership, whether any of the partners 3
of the new employer is or was-- 4
(i) an individual who was the former employer; or 5
(ii) a partner of the former employer; or 6
(iii) an officer or shareholder of the former employer; or 7
(iv) an officer or shareholder of a related body corporate of the 8
former employer; 9
(c) if the new employer is a body corporate, whether the new 10
employer is or was a related body corporate of the former 11
employer; 12
(d) if the new employer is a body corporate, whether any of the 13
officers or shareholders of the new employer is or was-- 14
(i) an individual who was the former employer; or 15
(ii) a partner of the former employer; or 16
(iii) an officer or shareholder of the former employer; or 17
(iv) an officer or shareholder of a related body corporate of the 18
former employer. 19
(4) However, subsection (2) applies only if the predominant industry 20
activity of the business remains the same as under the former employer. 21
(5) In this section-- 22
"officer" has the meaning given by the Corporations Act. 23
56 Reassessment of premium for policy 24
(1) This section applies if in either the latest period of insurance for an 25
employer's policy or any of the 3 preceding periods of insurance-- 26
(a) WorkCover has made an assessment for an employer's policy for 27
the period of insurance; and 28
(b) WorkCover considers that the assessment does not accurately 29
reflect the employer's liability under the Act for the period. 30
(2) WorkCover may reassess the premium for the period and issue a 31
reassessment premium notice for the period. 32
s 57 59 s 57
Workers' Compensation and Rehabilitation Bill 2003
(3) WorkCover must reassess the premium-- 1
(a) for any period starting on or after 1 July 2003--under this 2
division; or 3
(b) for any period between 1 July 1997 and 30 June 2003--under the 4
repealed WorkCover Queensland Act 1996; or 5
(c) for a period before 1 July 1997--under the repealed Workers' 6
Compensation Act 1990. 7
(4) If, after the premium is reassessed, WorkCover is satisfied that 8
premium for the period has been overpaid, WorkCover must refund or 9
credit the amount of overpayment to the employer to whom the 10
reassessment premium notice is given. 11
(5) If, after the premium is reassessed, WorkCover is satisfied that 12
premium for the period has been underpaid, the employer to whom the 13
reassessment premium notice is given must pay the premium as reassessed. 14
(6) If an employer is aggrieved by WorkCover's decision, the employer 15
may have the decision reviewed under chapter 13.21 16
(7) This section does not limit another provision of this Act that-- 17
(a) allows WorkCover to recover an amount, whether by way of 18
penalty or otherwise; or 19
(b) creates an offence for a contravention of this Act. 20
Division 2--Assessments on contravention of general obligation to 21
insure 22
57 Recovery of compensation and unpaid premium 23
(1) This section applies if an employer contravenes section 48. 22
24
(2) WorkCover may recover from the employer-- 25
(a) the amount of unpaid premium together with a penalty equal to 26
100% of the unpaid premium; and 27
(b) if WorkCover has paid compensation or damages for an injury 28
sustained by a worker when the employer was in contravention of 29
21 Chapter 13 (Reviews and appeals)
22 Section 48 (Employer's obligation to insure)
s 58 60 s 58
Workers' Compensation and Rehabilitation Bill 2003
section 48 in relation to the worker--the amount of the payment 1
made together with a penalty equal to 50% of the payment. 2
(3) The employer may apply in writing to WorkCover to waive or reduce 3
the penalty because of extenuating circumstances. 4
(4) The application must specify the extenuating circumstances and the 5
reasons the penalty should be waived or reduced in the particular case. 6
(5) WorkCover must consider the application and may-- 7
(a) waive or reduce the penalty; or 8
(b) refuse to waive or reduce the penalty. 9
(6) If the employer is aggrieved by WorkCover's decision, the employer 10
may have the decision reviewed under chapter 13.23 11
(7) In this section-- 12
"worker" means a worker employed by the employer. 13
58 Default assessment on reasonable suspicion 14
(1) This section applies if WorkCover suspects on reasonable grounds 15
that an employer has contravened section 48.24 16
(2) WorkCover may make a default assessment of premium based on the 17
amounts WorkCover considers to be adequate cover. 18
(3) For subsection (2), WorkCover may have regard to-- 19
(a) the probable wages paid or to be paid by the employer during the 20
period of insurance for which the default assessment is made; 21
and 22
(b) the nature of the employer's industry or business. 23
(4) The amount of premium to be paid by the employer under the default 24
assessment must be calculated according to the method and at the rate 25
mentioned in section 54.25 26
(5) As soon as practicable after a default assessment is made, 27
WorkCover must give the employer written notice of the assessment and of 28
the amount of premium. 29
23 Chapter 13 (Reviews and appeals)
24 Section 48 (Employer's obligation to insure)
25 Section 54 (Setting of premium)
s 59 61 s 59
Workers' Compensation and Rehabilitation Bill 2003
(6) The employer may, by written notice given to WorkCover, object to 1
the default assessment within 21 days of receiving the premium notice. 2
(7) The objection must specify the reasons that the employer considers 3
the assessment is excessive. 4
(8) WorkCover must consider the objection and may-- 5
(a) reassess the default assessment; or 6
(b) refuse to reassess the default assessment. 7
(9) If the employer is aggrieved by WorkCover's decision under 8
subsection (8), the employer may have the decision reviewed under 9
chapter 13.26 10
(10) If the employer does not object to the default assessment within 11
21 days of receiving the premium notice, the amount of premium assessed 12
and notified to the employer becomes payable immediately at the end of 13
the 21 days. 14
(11) WorkCover may act under this section even if WorkCover knows 15
the employer has contravened section 48. 16
59 Further assessment and recovery after payment of default 17
assessment 18
Payment by an employer of the amount of a default assessment, or the 19
amount as varied on objection, review or appeal by the employer, does not 20
stop WorkCover-- 21
(a) if WorkCover considers that the assessment does not accurately 22
reflect the employer's liability under the Act for the 23
period--reassessing the default assessment; and 24
(b) if compensation has or damages have been paid for an injury 25
sustained by a worker employed by the employer, recovering the 26
amount paid together with a penalty equal to 50% of the payment 27
mentioned in section 57.27 28
26 Chapter 13 (Reviews and appeals)
27 Section 57 (Recovery of compensation and unpaid premium)
s 60 62 s 62
Workers' Compensation and Rehabilitation Bill 2003
60 Employer's separate liabilities for 1 period of default 1
For any period an employer contravenes section 48,28 the employer is 2
liable-- 3
(a) to a proceeding for an offence under section 51;29 and 4
(b) to a proceeding to recover an amount of premium or another 5
amount under section 57 or 5830 with or without a charge 6
imposed by WorkCover, whether or not a proceeding is taken for 7
an offence under section 51. 8
Division 3--Additional premiums 9
61 Additional premium payable if premium not paid 10
(1) An employer must pay WorkCover an additional premium calculated 11
as prescribed under a regulation if-- 12
(a) the employer is given a premium notice; and 13
(b) the employer does not pay WorkCover the amount specified in 14
the notice on or before the due date. 15
(2) WorkCover may recover the amount of premium and additional 16
premium payable to it by the employer. 17
(3) Until the employer has paid WorkCover the full amount specified in 18
the notice and any additional premium payable, the employer is not 19
covered by a policy. 20
62 Further additional premium payable after appeal to industrial 21
magistrate 22
(1) An employer must pay WorkCover an additional premium calculated 23
as prescribed under a regulation if-- 24
(a) the employer's liability in relation to an assessment has been 25
decided by an industrial magistrate or the Industrial Court; and 26
28 Section 48 (Employer's obligation to insure)
29 Section 51 (Offence of contravening general obligation to insure)
30 Section 57 (Recovery of compensation and unpaid premium) or 58 (Default
assessment on reasonable suspicion)
s 63 63 s 64
Workers' Compensation and Rehabilitation Bill 2003
(b) the employer fails to pay WorkCover the amount by which the 1
assessment is more than the amount of premium paid under 2
section 551(4)31 as a condition of the appeal to an industrial 3
magistrate within 21 days after the day the decision is made. 4
(2) WorkCover may recover the amount of the increase in assessment 5
and additional premium payable to it by the employer. 6
(3) Until the employer has paid WorkCover the full amount of the 7
increase in assessment and any additional premium payable, the employer 8
is not covered by a policy. 9
63 Additional premium for out-of-State workers 10
(1) This section applies if a worker's employment is not completely 11
performed in the State. 12
(2) WorkCover may, from time to time, charge an additional premium 13
on a policy issued to the worker's employer in an amount that WorkCover 14
considers necessary towards-- 15
(a) providing for compensation or damages payable for injury to the 16
worker; and 17
(b) covering the cost of administration of this Act in relation to the 18
worker. 19
64 WorkCover may waive or reduce additional premium 20
(1) This section applies if an employer is liable to pay WorkCover an 21
additional premium. 22
(2) The employer may apply in writing to WorkCover to waive or reduce 23
the additional premium because of extenuating circumstances. 24
(3) The application must specify the extenuating circumstances and the 25
reasons the additional premium should be waived or reduced in the 26
particular case. 27
(4) WorkCover must consider the application and may-- 28
(a) waive or reduce the additional premium; or 29
(b) refuse to waive or reduce the additional premium. 30
31 Section 551 (Appeal about amount of premium)
s 65 64 s 66
Workers' Compensation and Rehabilitation Bill 2003
(5) If the employer is aggrieved by WorkCover's decision, the employer 1
may have the decision reviewed under chapter 13.32 2
Division 4--Employer's liability for excess period 3
65 Meaning of "excess period" 4
In this division-- 5
"excess period" means the period of up to 4 days, calculated under a 6
regulation, that starts on the day that compensation under chapter 3, 7
part 7 is payable to the worker.33 8
66 Employer's liability for excess period 9
(1) This section applies to-- 10
(a) an employer who is not a self-insurer and who is, or is required to 11
be, insured under a WorkCover policy; and 12
(b) a worker, other than a household worker employed by the 13
employer, who sustains an injury for which compensation is 14
payable. 15
(2) The employer must pay the worker an amount equal to the 16
compensation that, if this section did not apply, would be payable to the 17
worker by WorkCover for the excess period. 18
(3) WorkCover is not required to pay the compensation to the worker, 19
subject to subsection (5). 20
(4) If the worker is employed by more than 1 employer when the worker 21
sustains an injury, the amount under subsection (2)-- 22
(a) must be paid by the employer in whose employment the injury 23
was sustained; and 24
(b) is the amount that relates to the amount payable to the worker 25
under the contract of service with that employer. 26
32 Chapter 13 (Reviews and appeals)
33 Chapter 3 (Compensation), part 7 (Payment of compensation)
The time from which compensation is payable is dealt with under section 141.
s 67 65 s 67
Workers' Compensation and Rehabilitation Bill 2003
(5) If the employer fails to pay the amount to the worker within 14 days 1
after receiving notice from WorkCover that the worker's application for 2
compensation has been allowed, WorkCover must make the payment to the 3
worker on the employer's behalf. 4
(6) WorkCover may recover from the employer the amount of the 5
payment made by it together with a penalty equal to 50% of the payment-- 6
(a) as a debt under section 580;34 or 7
(b) as an addition to a premium payable by the employer. 8
(7) The employer may apply in writing to WorkCover to waive or reduce 9
the penalty because of extenuating circumstances. 10
(8) The application must specify the extenuating circumstances and the 11
reasons the penalty should be waived or reduced in the particular case. 12
(9) WorkCover must consider the application and may-- 13
(a) waive or reduce the penalty; or 14
(b) refuse to waive or reduce the penalty. 15
(10) If the employer is dissatisfied with WorkCover's decision, the 16
employer may have the decision reviewed under chapter 13.35 17
(11) This section does not limit section 50.36 18
(12) In this section-- 19
"household worker" means a person employed solely in and about, or in 20
connection with, a private dwelling house or the grounds of the 21
dwelling house. 22
67 Employer may insure against payment for excess period 23
(1) An employer may elect to insure with WorkCover against the 24
employer's liability to pay for the excess period. 25
(2) The employer must-- 26
(a) make written application to WorkCover; and 27
(b) pay the amount at the rate prescribed under a regulation-- 28
34 Section 580 (Recovery of debts under this Act)
35 Chapter 13 (Reviews and appeals)
36 Section 50 (When an employer contravenes the general obligation to insure)
s 68 66 s 69
Workers' Compensation and Rehabilitation Bill 2003
(i) at the start of a new policy; or 1
(ii) on renewal of the policy. 2
(3) If an employer insures with WorkCover against the employer's 3
liability to pay a worker for the excess period, WorkCover must pay the 4
worker for the excess period. 5
PART 4--EMPLOYER'S SELF-INSURANCE 6
Division 1--Preliminary 7
68 What is self-insurance 8
(1) Self-insurance allows an employer, under a licence under this part, to 9
provide their own accident insurance for their workers, instead of insuring 10
with WorkCover. 11
(2) A self-insurer has all the liabilities that WorkCover would have, if 12
this part did not apply, for injuries sustained by the self-insurer's workers 13
arising out of events that start or happen before the issue of the licence and 14
during the period of the licence. 15
(3) Certain functions and powers of WorkCover are provided to a 16
self-insurer to enable the self-insurer to meet obligations in providing 17
accident insurance. 18
(4) The way the self-insurer performs the functions and exercises the 19
powers is regulated by the Authority. 20
Division 2--Issue and renewal of self-insurer's licence 21
69 Who may apply to be a self-insurer 22
(1) The following employers may apply to be licensed as a 23
self-insurer-- 24
(a) a single employer; 25
(b) a group employer. 26
s 70 67 s 71
Workers' Compensation and Rehabilitation Bill 2003
(2) A body corporate may only apply as a single employer if no other 1
related bodies corporate to which it is related employs workers in 2
Queensland. 3
(3) A related bodies corporate group employer may only apply for a 4
licence if all related bodies corporate that employ workers in Queensland 5
are included in the application. 6
(4) The Authority may issue a licence to an employer only if the 7
employer can satisfy the requirements stated in this part. 8
70 How the application is made 9
The application must-- 10
(a) be made to the Authority in the approved form; and 11
(b) for a group employer--be made by all the members of the group 12
wanting to be licensed; and 13
(c) be accompanied by the fee prescribed under a regulation. 14
71 Issue or renewal of licence to a single employer 15
(1) The Authority may issue or renew a licence to be a self-insurer to a 16
single employer only if satisfied that-- 17
(a) the number of fulltime workers employed in Queensland by the 18
employer is at least 2000; and 19
(b) the net tangible assets of the employer are at least $100M; and 20
(c) the employer's occupational health and safety performance is 21
satisfactory; and 22
(d) the licence will cover all workers, employed in Queensland, of 23
the employer; and 24
(e) the employer has given the Authority the unconditional bank 25
guarantee or cash deposit required under section 84;37 and 26
(f) the employer has the reinsurance cover required under 27
section 86;38 and 28
37 Section 84 (Bank guarantee or cash deposit)
38 Section 86 (Reinsurance)
s 72 68 s 72
Workers' Compensation and Rehabilitation Bill 2003
(g) all workplaces of the employer-- 1
(i) are accredited workplaces; or 2
(ii) if not accredited workplaces-- 3
(A) are adequately serviced by a rehabilitation coordinator 4
who is in Queensland and employed under a contract 5
of service by the employer; and 6
(B) have workplace rehabilitation policies and procedures; 7
and 8
(h) the employer is fit and proper to be a self-insurer. 9
(2) For subsection (1)(c), the Authority must ask the chief executive of 10
the department within which the Workplace Health and Safety Act 1995 is 11
administered to prepare an OHS report about the employer's occupational 12
health and safety performance. 13
72 Issue or renewal of licence to a group employer 14
(1) The Authority may issue or renew a licence to be a self-insurer to a 15
group employer only if satisfied that-- 16
(a) the applicant is a group employer; and 17
(b) the combined number of fulltime workers employed in 18
Queensland by all members of the group is at least 2000; and 19
(c) the combined total net tangible assets of all members of the 20
group is at least $100M; and 21
(d) the group employer's occupational health and safety performance 22
is satisfactory; and 23
(e) the licence will cover all workers, employed in Queensland, of 24
the group employer; and 25
(f) the group employer has given the Authority the unconditional 26
bank guarantee or cash deposit required under section 84;39 and 27
(g) the group employer has the reinsurance cover required under 28
section 86;40 and 29
(h) all workplaces of each member of the group-- 30
39 Section 84 (Bank guarantee or cash deposit)
40 Section 86 (Reinsurance)
s 73 69 s 74
Workers' Compensation and Rehabilitation Bill 2003
(i) are accredited workplaces; or 1
(ii) if not accredited workplaces-- 2
(A) are adequately serviced by a rehabilitation coordinator 3
who is in Queensland and employed under a contract 4
of service by the group employer or a member of the 5
group; and 6
(B) have workplace rehabilitation policies and procedures; 7
and 8
(i) the group employer is fit and proper to be a self-insurer. 9
(2) For subsection (1)(d), the Authority must ask the chief executive of 10
the department within which the Workplace Health and Safety Act 1995 is 11
administered to prepare an OHS report about the group employer's 12
occupational health and safety performance. 13
73 Calculation of the number of fulltime workers 14
(1) For sections 71(1)(a) and 72(1)(b),41 the number of fulltime workers 15
is calculated by-- 16
(a) calculating the total number of ordinary time hours worked by 17
the workers employed during a continuous 6 month period in the 18
1 year immediately before the application is given to the 19
Authority; and 20
(b) dividing the number of hours by 910. 21
(2) The whole number resulting from the division is the number of 22
fulltime workers. 23
(3) The continuous 6 month period is the period chosen by the applicant. 24
74 Workers employed in Queensland 25
For sections 71 and 72, a worker is employed in Queensland if the 26
worker would have an entitlement for an injury under section 113.42 27
41 Sections 71 (Issue or renewal of licence to a single employer) and 72 (Issue or
renewal of licence to a group employer)
42 Section 113 (Employment must be connected with State)
s 75 70 s 76
Workers' Compensation and Rehabilitation Bill 2003
75 Whether applicant fit and proper 1
(1) This section applies when the Authority is deciding whether a single 2
employer or group employer is fit and proper to be licensed or to have a 3
licence renewed. 4
(2) The Authority may consider any relevant matter and must consider 5
the following matters-- 6
(a) whether the single employer or group employer is, and is likely 7
to continue to be, able to meet its liabilities; 8
(b) the long term financial viability of the single employer or group 9
employer evidenced by any relevant consideration including, for 10
example, its level of capitalisation, profitability and liquidity; 11
(c) the resources and systems that the single employer or group 12
employer has in Queensland for administering claims for 13
compensation and managing rehabilitation of workers; 14
(d) whether the single employer or group employer will be able to 15
give the information the Authority may require in the way the 16
Authority may require; 17
(e) for an application for renewal of a licence--whether the 18
self-insurer has performed the functions, or exercised the powers, 19
under section 9243 reasonably. 20
76 Audit of self-insurer 21
(1) The Authority may carry out an audit of an applicant for 22
self-insurance or a self-insurer to decide whether the applicant or 23
self-insurer-- 24
(a) satisfies section 71 (other than paragraph (c)) or 72 (other than 25
paragraph (d));44 and 26
(b) is fit and proper under section 75;45 and 27
(c) satisfies the conditions of the licence. 28
43 Section 92 (Powers of self-insurers)
44 Section 71 (Issue or renewal of licence to a single employer) or 72 (Issue or renewal
of licence to a group employer)
45 Section 75 (Whether applicant fit and proper)
s 77 71 s 78
Workers' Compensation and Rehabilitation Bill 2003
(2) The Authority may engage the services of a person who, in the 1
Authority's opinion, has appropriate qualifications and experience to carry 2
out the audit. 3
77 Decision on application for the issue of a licence 4
(1) The Authority must decide an application within 6 months of 5
receiving it. 6
(2) If the Authority refuses an application for the issue of a licence, the 7
Authority must give the applicant a written notice stating-- 8
(a) it has refused the application; and 9
(b) the reasons for the refusal; and 10
(c) the applicant may make a written submission to the Authority in 11
further support of the application. 12
(3) The applicant may make a submission within 28 days after the notice 13
of refusal is given. 14
(4) The Authority must consider the submission within 3 months of 15
receiving it and decide whether to confirm or change the decision to refuse 16
the application. 17
(5) The Authority must advise the applicant of its decision under 18
subsection (4) within 7 days after the decision is made. 19
(6) If the Authority does not change its decision, it must advise the 20
applicant that the applicant may appeal against the refusal under 21
chapter 13.46 22
78 Duration of licence 23
(1) Unless sooner cancelled, a licence continues in force for a period of 24
not more than 2 years. 25
(2) The period must be stated in the licence. 26
46 Chapter 13 (Reviews and appeals)
s 79 72 s 80
Workers' Compensation and Rehabilitation Bill 2003
79 Renewal of licence 1
(1) A licence may be renewed by application to the Authority in the 2
approved form. 3
(2) The self-insurer must apply to the Authority at least 90 days before 4
the current licence period ends. 5
(3) If the self-insurer does not intend to renew the licence, the 6
self-insurer must advise the Authority of that fact at least 90 days before 7
the current licence period ends. 8
(4) In considering an application, the Authority must consider whether 9
the self-insurer has-- 10
(a) complied with this Act and the conditions of the licence; and 11
(b) acted reasonably in relation to the functions and powers under 12
section 92.47 13
80 Refusal of application for renewal of a licence 14
(1) This section applies if the Authority intends to refuse an application 15
for the renewal of a licence. 16
(2) Before refusing the application, the Authority must give the 17
applicant a written notice stating-- 18
(a) it proposes to refuse the application; and 19
(b) the reasons for the refusal; and 20
(c) the applicant may make a written submission to the Authority in 21
further support of the application; and 22
(d) a period, of at least 42 days, at the end of which the refusal is to 23
take effect (the "review period"). 24
(3) The applicant may make a submission within 21 days after the notice 25
is given. 26
(4) If a submission is made, the Authority must-- 27
(a) consider it; and 28
(b) decide whether to accept or refuse the application. 29
47 Section 92 (Powers of self-insurers)
s 81 73 s 81
Workers' Compensation and Rehabilitation Bill 2003
(5) The Authority must advise the applicant of its decision before the 1
end of the review period. 2
(6) If no submission is made within the time mentioned in 3
subsection (3), the application is taken to be refused at the end of the 4
review period. 5
(7) If the Authority refuses the application, it must advise the applicant 6
that the applicant may appeal against the refusal under chapter 13.48 7
(8) Despite section 78,49 if the period stated on the licence expires before 8
the end of the review period, the licence period is taken to be extended to 9
the end of the review period. 10
81 Annual levy payable 11
(1) A self-insurer must pay a levy for each financial year or part of a 12
financial year of a licence. 13
(2) The levy may include an amount that relates to the amount paid by 14
the Authority on behalf of self-insurers under section 364(3).50 15
(3) A regulation must prescribe the way the levy is calculated. 16
(4) The levy is to be set at the rate specified by the Authority and 17
approved by the Minister for each financial year. 18
(5) The Authority must recommend the rate for each financial year to 19
the Minister. 20
(6) The Authority must consult with the Minister before giving the 21
recommendation. 22
(7) The Authority must publish the rate approved by the Minister in the 23
industrial gazette. 24
(8) The Authority must give a self-insurer written notice of the amount 25
of the levy. 26
(9) The self-insurer must pay the levy on or before the due date shown in 27
the notice. 28
48 Chapter 13 (Reviews and appeals)
49 Section 78 (Duration of licence)
50 Section 364 (Funds and accounts)
s 82 74 s 83
Workers' Compensation and Rehabilitation Bill 2003
(10) If a self-insurer is aggrieved by the Authority's decision about the 1
amount of levy payable, the self-insurer may appeal against the decision 2
under chapter 13. 3
82 Additional amount payable if levy not paid 4
(1) A self-insurer must pay the Authority an additional amount 5
calculated as prescribed under a regulation if-- 6
(a) the self-insurer is given written notice of the amount of the levy; 7
and 8
(b) the self-insurer does not pay the amount of levy specified in the 9
notice on or before the due date. 10
(2) The Authority may recover the amount of levy and the additional 11
amount payable to it by the self-insurer. 12
83 Conditions of licence 13
(1) A licence may be subject to-- 14
(a) the conditions prescribed under a regulation; and 15
(b) any conditions, not inconsistent with this Act, imposed by the 16
Authority-- 17
(i) on the issue or renewal of a licence; or 18
(ii) at any time during the period of the licence. 19
(2) The Authority, by written notice to a self-insurer, may-- 20
(a) impose conditions on the licence; or 21
(b) impose further conditions on the licence; or 22
(c) vary conditions imposed on the licence. 23
(3) A condition imposed is effective whether or not it is endorsed on the 24
licence. 25
(4) A condition may be imposed in relation to a particular employer who 26
is a member of a group employer. 27
s 84 75 s 84
Workers' Compensation and Rehabilitation Bill 2003
84 Bank guarantee or cash deposit 1
(1) A self-insurer must lodge an unconditional bank guarantee or cash 2
deposit with the Authority before the issue or renewal of a licence. 3
(2) The guarantee or deposit must-- 4
(a) be in favour of WorkCover; and 5
(b) be the greater of-- 6
(i) $5M; or 7
(ii) 150% of the self-insurer's estimated claims liability. 8
(3) The estimated claims liability must be assessed annually by an 9
actuary approved by the Authority. 10
(4) The guarantee must remain in force or the Authority must hold the 11
deposit-- 12
(a) at all times during the period of the licence; and 13
(b) after cancellation of the licence, as required by section 102. 51
14
(5) The guarantee or deposit is not liable to be attached or levied on or 15
made the subject of any debts or claims against the self-insurer by a person 16
other than WorkCover. 17
(6) In this section-- 18
"estimated claims liability" means the actuarial estimate of-- 19
(a) the liability for-- 20
(i) claims expected to arise in the 12 months after the 21
assessment; and 22
(ii) existing claims incurred for which a self-insurer is liable 23
under section 87;52 less 24
(b) the total amount expected to be paid in the 12 months after the 25
assessment. 26
51 Section 102 (Assessing liability after cancellation)
52 Section 87 (Self-insurer replaces WorkCover in liability for injury)
s 85 76 s 86
Workers' Compensation and Rehabilitation Bill 2003
85 Investing cash deposit 1
(1) The Authority may invest a cash deposit in an authorised investment 2
decided by the Authority. 3
(2) Interest on the deposit must be paid to the self-insurer at the end of 4
each financial year. 5
(3) The Authority may deduct from the interest the reasonable costs of 6
administering the investment. 7
(4) In this section-- 8
"authorised investment" means an investment authorised under the 9
Statutory Bodies Financial Arrangements Act 1982. 10
86 Reinsurance 11
(1) A self-insurer must, before the issue or renewal of a licence-- 12
(a) effect, with an approved insurer, a contract of reinsurance of 13
liabilities approved by the Authority; and 14
(b) give the Authority a copy of the contract certified by the 15
approved insurer. 16
(2) The self-insurer's liability under the contract must be an amount 17
chosen by the self-insurer that is not less than $300 000 or more than $1M. 18
(3) The contract must be for an unlimited amount in excess of the 19
self-insurer's liability for each event that may happen during the period of 20
reinsurance. 21
(4) The contract-- 22
(a) must be current for the period of the licence; and 23
(b) must not be cancelled or varied by the self-insurer, or the 24
approved insurer, without the Authority's consent. 25
(5) The approved insurer must endorse the contract to the effect that it 26
can not be cancelled or varied without the Authority's consent. 27
(6) In this section-- 28
"approved insurer" means an insurer approved by the Australian 29
Prudential Regulation Authority under the Insurance Act 1973 30
(Cwlth). 31
s 87 77 s 88
Workers' Compensation and Rehabilitation Bill 2003
87 Self-insurer replaces WorkCover in liability for injury 1
(1) A self-insurer is liable, to the exclusion of WorkCover's or another 2
self-insurer's liability-- 3
(a) for compensation and damages for the total of the accrued, 4
continuing, future and contingent liabilities for all injuries 5
sustained by a worker employed by the self-insurer that arise 6
from an event happening during the period of the self-insurer's 7
licence ("residual liability"); and 8
(b) for the following ("outstanding liability")-- 9
(i) compensation for the total of the accrued, continuing, future 10
and contingent liabilities for all injuries sustained by a 11
worker that arise from an event happening or ending during 12
the worker's employment with the self-insurer before the 13
self-insurer became licensed as a self-insurer; 14
(ii) compensation for the total of the accrued, continuing, future 15
and contingent liabilities for all injuries, other than injuries 16
mentioned in paragraph (a), sustained by a worker arising 17
from an event ending during the worker's employment with 18
the self-insurer; 19
(iii) damages for the total of the accrued, continuing, future and 20
contingent liabilities for all injuries, other than injuries 21
mentioned in paragraph (a), sustained by a worker arising 22
from an event starting or happening during the worker's 23
employment with the self-insurer before the self-insurer 24
became licensed as a self-insurer. 25
(2) WorkCover must pay a self-insurer an amount for the self-insurer's 26
outstanding liability that is calculated under a regulation by an actuary. 27
88 Liability of group employers 28
The members of a group employer are jointly and severally liable for any 29
liability or duty imposed by this Act on the group or a member of the 30
group. 31
s 89 78 s 90
Workers' Compensation and Rehabilitation Bill 2003
Division 3--Change to membership of self-insurer 1
89 Change in self-insurer's membership 2
(1) If a self-insurer that is a group employer intends to change the 3
membership of the group, the self-insurer must, before the change, apply to 4
the Authority in writing for the change in the group membership on the 5
licence. 6
(2) The Authority must approve the application if it is satisfied that-- 7
(a) the self-insurer, after the change, meets the requirements for a 8
licence for a group employer; and 9
(b) satisfactory arrangements have been made in relation to the total 10
of the residual liability and outstanding liability ("total 11
liability") of the member or members leaving. 12
(3) However, subsection (4) applies if-- 13
(a) the application is made by a self-insurer that is a related bodies 14
corporate group employer; and 15
(b) within 2 months after the application, members of the 16
self-insurer that are a group employer apply, under section 69 17
(the "section 69 application"), to be a self-insurer as a related 18
bodies corporate group employer. 19
(4) The Authority must approve the application if it is satisfied that the 20
self-insurer, after the change, meets the requirements for a licence for a 21
group employer and-- 22
(a) the Authority has decided to approve the section 69 application; 23
or 24
(b) if the Authority has decided not to approve the section 69 25
application, it is satisfied that satisfactory arrangements have 26
been made in relation to the total liability of the applicants for the 27
section 69 application. 28
90 Consequences of change in self-insurer's membership 29
(1) If a member leaves a self-insurer that is a group employer and 30
becomes part of another self-insurer (the "other self-insurer"), the 31
self-insurer must pay the other self-insurer an amount for the member's 32
total liability. 33
s 91 79 s 91
Workers' Compensation and Rehabilitation Bill 2003
(2) For subsection (1), the other self-insurer is liable for compensation 1
and damages for the member's total liability from the day the Authority 2
approves the application from the other self-insurer for a change in its 3
group membership. 4
(3) If members leave a self-insurer that is a related bodies corporate 5
group employer and become a self-insurer that is a related bodies corporate 6
group employer (the "new self-insurer"), the self-insurer must pay the 7
new self-insurer an amount for the members' total liability. 8
(4) For subsection (3), the new self-insurer is liable for compensation 9
and damages for its total liability from the day the Authority approves the 10
new self-insurer's application to be a self-insurer. 11
(5) If a member leaves a self-insurer that is a group employer and does 12
not become part of another self-insurer, the self-insurer must pay 13
WorkCover an amount for the member's total liability. 14
(6) For subsection (5), WorkCover is liable for compensation and 15
damages for the member's total liability from the day the Authority 16
approves the application for a change in the group membership. 17
(7) If an employer becomes part of a self-insurer, other than under 18
subsection (1), WorkCover must pay the self-insurer an amount for the 19
employer's total liability. 20
(8) For subsection (7), the self-insurer is liable for compensation and 21
damages for the employer's total liability from the day the Authority 22
approves the application for a change in the group membership. 23
(9) The total liability mentioned in subsection (1), (3), (5) or (7) must 24
be-- 25
(a) calculated in the way prescribed under a regulation by an actuary 26
approved by the Authority; and 27
(b) paid within the time allowed under a regulation. 28
91 Continuation of membership in particular circumstances 29
If there is a change in the membership of a self-insurer that is a group 30
employer, it is declared that each member of the group immediately before 31
the change is taken to continue as a member of the group for the purposes 32
of the Act until the Authority approves an application for a change in the 33
group membership on the licence under section 89. 34
s 92 80 s 92
Workers' Compensation and Rehabilitation Bill 2003
Division 4--Powers, functions and obligations of self-insurers 1
92 Powers of self-insurers 2
(1) A self-insurer has, in relation to the self-insurer's workers-- 3
(a) for an injury sustained during the operation of this Act--the 4
functions and powers set out under the following provisions-- 5
(i) chapter 3 (other than sections 110(5), 133, 136 and 170(3), 6
and part 12);53 7
(ii) chapter 4 (other than part 4);54 8
(iii) chapter 5 (other than sections 280, 300 and 309);55 9
(iv) chapter 11, parts 3 and 4; and 56
10
(b) for an injury sustained during the operation of the WorkCover 11
Queensland Act 1996--the functions and powers that WorkCover 12
had under the following provisions of that Act-- 13
(i) chapter 3 (other than sections 136(5), 160, 163 and 188(3), 14
and part 11);57 15
53 Chapter 3 (Compensation) (other than sections 110 (Compensation entitlement can
not be relinquished. assigned or subject to execution), 133 (Employer's duty to
report injury), 136 (Worker must notify return to work or engagement in a calling),
170 (Recovery of compensation overpaid) and part 12 (Automatic variation of
compensation payable))
54 Chapter 4 (Injury management) (other than part 4 (Employer's obligation for
rehabilitation))
55 Chapter 5 (Access to damages) (other than sections 280 (Employer to cooperate
with WorkCover), 300 (Carriage of proceedings) and 309 (Exemplary damages))
56 Chapter 11 (Medical assessment tribunals), parts 3 (Jurisdiction of tribunals) and
4 (Proceedings for exercise of tribunals' jurisdiction)
57 WorkCover Queensland Act 1996, chapter 3 (Compensation) (other than
sections 136 (Compensation entitlement can not be relinquished. assigned or subject
to execution), 160 (Employer's duty to report injury), 163 (Worker must notify
return to work or engagement in a calling), 188 (Recovery of compensation
overpaid) and part 11 (Automatic variation of compensation payable))
s 92 81 s 92
Workers' Compensation and Rehabilitation Bill 2003
(ii) chapter 4 (other than sections 235(3)(a), 237(2) and 238, 1
and part 4);58 2
(iii) chapter 5 (other than sections 284, 306 and 319);59 3
(iv) chapter 7, parts 3 and 5;60 and 4
(c) for an injury sustained during the operation of the Workers' 5
Compensation Act 1990--the functions and powers that the 6
Workers' Compensation Board of Queensland had under the 7
following provisions of that Act-- 8
(i) part 6; 9
(ii) part 7 (other than sections 102 and 105); 10
(iii) part 11 (other than sections 186 and 187); and 11
(d) for an injury sustained during the operation of the Workers' 12
Compensation Act 1916--the functions and powers that the 13
Workers' Compensation Board of Queensland had under the 14
following provisions of that Act-- 15
(i) section 9; 16
(ii) section 9A; 17
(iii) section 10; 18
(iv) section 11; 19
(v) section 13A; 20
(vi) section 14(2); 21
(vii) section 14B (other than subsections (2) to (9)); 22
(viii)section 14D; 23
(ix) section 16; 24
58 WorkCover Queensland Act 1996, chapter 4 (Injury management) (other than
sections 235 (Cost of hospitalisation), 237 (Extent of liability for travelling
expenses), 238 (WorkCover's responsibility for worker's rehabilitation) and part 4
(Employer's obligation for rehabilitation))
59 WorkCover Queensland Act 1996, chapter 5 (Access to damages) (other than
sections 284 (Employer to cooperate with WorkCover), 306 (Carriage of
proceedings) and 319 (Exemplary damages))
60 WorkCover Queensland Act 1996, chapter 7 (Medical assessment tribunals), parts 3
(Jurisdiction of tribunals) and 5 (Proceedings for exercise of tribunals' jurisdiction)
s 93 82 s 93
Workers' Compensation and Rehabilitation Bill 2003
(x) schedule, sections 4, 6, 23 and 25. 1
(2) To apply the provisions mentioned in subsection (1)(b), (c) or (d), a 2
reference to WorkCover or the Workers' Compensation Board of 3
Queensland in the provisions is taken to be a reference to the self-insurer. 4
(3) The functions and powers must not be performed or exercised by 5
WorkCover in relation to the self-insurer's workers. 6
(4) The functions and powers may be exercised only by the self-insurer 7
or a person employed under a contract of service with the self-insurer. 8
(5) However, a self-insurer may engage a person who is not employed 9
under a contract of service with the self-insurer to exercise the 10
self-insurer's functions and powers for not longer than 3 months if the 11
Authority is satisfied that special circumstances exist. 12
(6) Subsection (4) does not apply to a self-insurer that is a classification 13
group employer. 14
(7) The self-insurer must perform and exercise the functions and powers 15
reasonably. 16
(8) If a single employer or group employer stops being a self-insurer, the 17
employer no longer has the functions and powers, except to the extent 18
stated in section 100.61 19
93 Documents that must be kept by self-insurer 20
(1) A self-insurer must keep the following documents-- 21
(a) documents relating to all claims made, including, for example, 22
documents about-- 23
(i) a worker's application for compensation; or 24
(ii) compensation paid for injury sustained by a worker; or 25
(iii) medical management of an injured worker; or 26
(iv) rehabilitation of an injured worker; 27
(b) documents that may assist in assessing the quality and timeliness 28
of the claims and rehabilitation management; 29
61 Section 100 (Certain functions and powers may be held by former self-insurer after
cancellation)
s 94 83 s 95
Workers' Compensation and Rehabilitation Bill 2003
(c) documents that may assist in assessing the self-insurer's financial 1
situation; 2
(d) any other documents required to be kept under the conditions of 3
the licence. 4
(2) A self-insurer may only dispose of a document required to be kept 5
under subsection (1) with the Authority's written consent. 6
94 Documents must be given to Authority on request 7
(1) The Authority may, by written notice, ask a self-insurer to give the 8
Authority the documents, copies of the documents or details from the 9
documents, mentioned in section 93. 10
(2) The notice must state the documents required and state a time within 11
which the documents must be given to the Authority. 12
(3) The self-insurer must comply with the notice, unless the self-insurer 13
has a reasonable excuse. 14
Division 5--Cancellation of self-insurer's licence 15
95 When licence may be cancelled 16
The Authority may cancel a licence if-- 17
(a) any of the following persons contravenes this Act or a condition 18
of the licence-- 19
(i) the self-insurer; 20
(ii) for a group employer-- 21
(A) a member employer of the group; or 22
(B) if the group employer is made up of related bodies 23
corporate--1 of the related bodies corporate; or 24
(b) the licence was issued because of a materially false or misleading 25
representation or declaration (made either orally or in writing); 26
or 27
(c) the self-insurer decides not to renew the self-insurer's licence. 28
s 96 84 s 97
Workers' Compensation and Rehabilitation Bill 2003
96 Procedure for cancellation 1
(1) If the Authority considers grounds exist to cancel a licence, the 2
Authority must give the self-insurer written notice-- 3
(a) stating the grounds for the cancellation and outlining the facts 4
and circumstances forming the basis for the grounds; and 5
(b) inviting the self-insurer to show, within a stated time of at least 6
28 days, why the licence should not be cancelled. 7
(2) If, after considering all written representations made within the 8
stated time, the Authority still considers that the licence should be 9
cancelled, the Authority may cancel the licence. 10
(3) The Authority must give the self-insurer written notice of the 11
decision to cancel the self-insurer's licence within 10 days after making the 12
decision. 13
(4) The notice under subsection (3) must state-- 14
(a) the reasons for the decision; and 15
(b) that the self-insurer may appeal against the cancellation under 16
chapter 13.62 17
(5) The decision takes effect on the day stated in the notice. 18
(6) The Authority must record particulars of the cancellation. 19
97 Self-insurer may ask for cancellation 20
(1) A self-insurer may, by written notice, ask for cancellation of its 21
licence. 22
(2) The notice must specify a date from which the cancellation is 23
requested, being not less than 28 days after the date the notice is given to 24
the Authority. 25
(3) Cancellation takes effect-- 26
(a) from the day specified in the self-insurer's notice; or 27
(b) if another day is decided by the Authority--from the other day. 28
62 Chapter 13 (Reviews and appeals)
s 98 85 s 100
Workers' Compensation and Rehabilitation Bill 2003
98 Premium payable after cancellation 1
If a self-insurer's licence is cancelled, the premium payable by the 2
former self-insurer is to be calculated in the way prescribed under a 3
regulation. 4
99 Transfer to WorkCover after cancellation 5
Other than as provided by section 100, on cancellation of a licence-- 6
(a) the self-insurer's functions and powers under section 92 end;63
7
and 8
(b) for all applications for compensation held by the former 9
self-insurer immediately before the cancellation-- 10
(i) the former self-insurer must immediately give WorkCover 11
all documents relating to the applications; and 12
(ii) WorkCover has all its functions and powers; and 13
(c) an application for compensation that, other than for this section, 14
would have been lodged with the self-insurer, must be lodged 15
with WorkCover; and 16
(d) WorkCover replaces the self-insurer for any proceeding being 17
taken, or that may be taken, by a claimant or worker against, or 18
by, the self-insurer as an insurer in relation to the claimant or 19
worker; and 20
(e) WorkCover has the rights, and assumes the obligations, of the 21
self-insurer under the contract of reinsurance. 22
Maximum penalty for paragraph (b)(i)--200 penalty units. 23
100 Certain functions and powers may be held by former self-insurer 24
after cancellation 25
(1) The purpose of this section is to authorise a former self-insurer to 26
perform functions and exercise powers to manage claims arising during the 27
period when the former self-insurer was a self-insurer. 28
(2) If the Authority considers it appropriate, the Authority may, at the 29
request of a former self-insurer, allow the former self-insurer to continue to 30
63 Section 92 (Powers of self-insurers)
s 101 86 s 101
Workers' Compensation and Rehabilitation Bill 2003
have functions and powers previously had by the former self-insurer under 1
section 92.64 2
(3) The Authority must give the former self-insurer written notice of the 3
functions and powers continued. 4
(4) The Authority may impose conditions on the functions and powers 5
continued. 6
(5) The former self-insurer has the functions and powers as stated in the 7
notice. 8
101 Recovery of ongoing costs from former self-insurer 9
(1) This section applies if-- 10
(a) a licence is cancelled; and 11
(b) after the cancellation, WorkCover-- 12
(i) pays compensation or damages for a worker for which a 13
self-insurer is liable under section 87;65 or 14
(ii) incurs management costs in managing compensation 15
applications or damages actions for the compensation or 16
damages mentioned in subparagraph (i). 17
(2) The compensation or damages payments and management costs-- 18
(a) are a debt due to WorkCover by the former self-insurer; and 19
(b) are payable within 28 days of WorkCover's written demand for 20
payment, or a further period allowed by WorkCover. 21
(3) WorkCover may recover the debt from the unconditional bank 22
guarantee or cash deposit if the former self-insurer-- 23
(a) fails to pay the debt within the period; or 24
(b) authorises WorkCover to do so in writing. 25
(4) If subsection (3) applies, WorkCover may, by written notice, ask the 26
Authority to authorise the release of the amount of the debt to WorkCover 27
from the unconditional bank guarantee or cash deposit. 28
64 Section 92 (Powers of self-insurers)
65 Section 87 (Self-insurer replaces WorkCover in liability for injury)
s 102 87 s 103
Workers' Compensation and Rehabilitation Bill 2003
(5) The Authority must make a decision about the release of the amount 1
within 28 days after being given the request. 2
(6) If the Authority refuses to release the amount, WorkCover may ask 3
the Minister to give a direction under section 477.66 4
(7) In this section-- 5
"management costs" means the reasonable costs of administering the 6
former self-insurer's claims. 7
102 Assessing liability after cancellation 8
(1) This section applies if a licence is cancelled. 9
(2) WorkCover must appoint an actuary to assess the former 10
self-insurer's liability under section 87(1). 11
(3) The amount of liability is the amount calculated under a regulation. 12
(4) The amount of liability assessed and management costs-- 13
(a) are a debt due to WorkCover by the former self-insurer; and 14
(b) are payable within 28 days of the date of assessment, or a further 15
period allowed by WorkCover. 16
(5) Without limiting subsection (4), if the former self-insurer fails to pay 17
the debt within the period, WorkCover may recover the debt from the 18
unconditional bank guarantee or cash deposit. 19
(6) The Authority must retain the deposit or bank guarantee until it is 20
satisfied that the former self-insurer's liability under section 87(1) has been 21
discharged or adequately provided for. 22
(7) In this section-- 23
"management costs" means the reasonable costs of-- 24
(a) administering the former self-insurer's claims; and 25
(b) the actuarial assessment of liability. 26
103 Return of bank guarantee or cash deposit after cancellation 27
(1) This section applies if-- 28
66 Section 477 (Additional power to direct Authority)
s 104 88 s 104
Workers' Compensation and Rehabilitation Bill 2003
(a) a self-insurer's licence is cancelled; and 1
(b) the former self-insurer considers that all accrued, continuing, 2
future and contingent liabilities of the self-insurer have been 3
discharged or adequately provided for. 4
(2) The former self-insurer may, by written notice, ask the Authority to 5
return the balance of the bank guarantee or cash deposit. 6
(3) The Authority must, within 90 days after being given the request-- 7
(a) return the balance; or 8
(b) if the Authority considers that all accrued, continuing, future and 9
contingent liabilities of the self-insurer have not been discharged 10
or adequately provided for--give the former self-insurer a 11
written notice refusing to return the balance and stating the 12
reasons for the refusal. 13
(4) If the Authority refuses to return the balance, the former self-insurer 14
may appeal under chapter 13.67 15
(5) In this section-- 16
"return" includes relinquish. 17
104 Contingency account 18
(1) The Authority may establish and maintain a contingency account to 19
meet any future liability against a former self-insurer. 20
(2) A regulation may prescribe that a specified percentage of the 21
self-insurer's annual levy may be paid to the account. 22
(3) Payments may be made from the contingency account if-- 23
(a) a self-insurer's licence is cancelled; and 24
(b) the bank guarantee or cash deposit lodged by a former 25
self-insurer is exhausted or has been returned; and 26
(c) WorkCover is unable to recover claims costs from the former 27
self-insurer. 28
67 Chapter 13 (Reviews and appeals)
s 105 89 s 107
Workers' Compensation and Rehabilitation Bill 2003
CHAPTER 3--COMPENSATION 1
PART 1--INTERPRETATION FOR CHAPTER 3 2
105 Meaning of "amount payable under an industrial instrument" 3
(1) An amount payable under an industrial instrument to a worker is the 4
weekly rate of wages to which the worker is entitled for the time being 5
under the industrial instrument. 6
(2) However, if a worker is employed in an industry that is seasonal in 7
nature, the amount payable must reflect the relevant season under the 8
industrial instrument. 9
106 Meaning of "normal weekly earnings" 10
(1) "Normal weekly earnings" are the normal weekly earnings of a 11
worker from employment (continuous or intermittent) had by the worker in 12
the 12 months immediately before the day the worker sustained an injury. 13
(2) If a worker has not had employment for the 12 months immediately 14
before the day the worker sustained an injury, "normal weekly earnings" 15
are the normal weekly earnings of the worker from employment 16
(continuous or intermittent) had by the worker in the period in which the 17
worker has had the employment. 18
(3) "Normal weekly earnings" are calculated as prescribed under a 19
regulation. 20
107 Meaning of "QOTE" 21
"QOTE", for a financial year, is the seasonally adjusted amount of 22
Queensland full time adult persons ordinary time earnings as declared by 23
the Australian Statistician in the statistician's report about average weekly 24
earnings published immediately before the start of the financial year.68 25
68 The publication is currently entitled `Average Weekly Earnings States and
Australia'.
s 108 90 s 110
Workers' Compensation and Rehabilitation Bill 2003
PART 2--COMPENSATION ENTITLEMENTS OF 1
WORKERS GENERALLY 2
Division 1--General statement of entitlement 3
108 Compensation entitlement 4
(1) Compensation is payable under this Act for an injury sustained by a 5
worker. 6
(2) However, if a worker's injury is an aggravation mentioned in 7
section 32(3)(b),69 the worker is entitled to compensation for the injury 8
only to the extent of the effects of the aggravation. 9
109 Who must pay compensation 10
(1) If an employer is a self-insurer, the employer must pay the 11
compensation. 12
(2) Otherwise, WorkCover must pay the compensation. 13
(3) Subsection (2) is subject to section 66.70 14
110 Compensation entitlement can not be relinquished, assigned or 15
subject to execution 16
(1) A worker or another person can not relinquish an entitlement to 17
compensation for an injury sustained by the worker or the person. 18
(2) An agreement made by the worker or the person purporting to 19
relinquish the entitlement is of no force or effect. 20
(3) Compensation can not be assigned, charged, taken in execution, or 21
attached, and a worker's entitlement to compensation can not pass to 22
another person by operation of law or otherwise, and no claim can be set 23
off against the amount. 24
(4) Subsection (3) is subject to subsection (5) and section 170(2)(b).71 25
69 Section 32 (Meaning of "injury")
70 Section 66 (Employer's liability for excess period)
71 Section 170 (Recovery of compensation overpaid)
s 111 91 s 113
Workers' Compensation and Rehabilitation Bill 2003
(5) If an employer pays to a worker an amount, for example wages, to 1
which the worker is entitled as compensation for an injury, WorkCover 2
may reimburse the employer for the amount paid to the extent of the 3
worker's entitlement for the injury instead of paying the worker. 4
111 Public trustee may act for claimant 5
If asked by a claimant, the public trustee may make and prosecute an 6
application for compensation, and act for the claimant, for any purpose of 7
the application. 8
112 Public trustee may receive payments for minors 9
(1) This section applies if a person entitled to payment of lump sum 10
compensation or a redemption payment is under 18 years. 11
(2) The insurer liable to pay the compensation may pay the amount of 12
the lump sum compensation or redemption payment to the public trustee. 13
Division 2--Entitlement according to jurisdiction 14
113 Employment must be connected with State 15
(1) Compensation under this Act is only payable in relation to 16
employment that is connected with this State. 17
(2) The fact that a worker is outside this State when the injury is 18
sustained does not prevent compensation being payable under this Act in 19
relation to employment that is connected with this State. 20
(3) A worker's employment is connected with-- 21
(a) the State in which the worker usually works in that employment; 22
or 23
(b) if no State or no 1 State is identified by paragraph (a), the State in 24
which the worker is usually based for the purposes of that 25
employment; or 26
(c) if no State or no 1 State is identified by paragraph (a) or (b), the 27
State in which the employer's principal place of business in 28
Australia is located. 29
s 114 92 s 114
Workers' Compensation and Rehabilitation Bill 2003
(4) In the case of a worker on a ship, if no State or no 1 State is identified 1
by subsection (3), a worker's employment is, while on a ship, connected 2
with the State in which the ship is registered or (if the ship is registered in 3
more than 1 State) the State in which the ship most recently became 4
registered. 5
(5) If no State is identified by subsection (3) or (if applicable) (4), a 6
worker's employment is connected with this State if-- 7
(a) the worker is in this State when the injury is sustained; and 8
(b) there is no place outside Australia under the legislation of which 9
the worker may be entitled to compensation for the same matter. 10
(6) In deciding whether a worker usually works in a State, regard must 11
be had to the worker's work history with the employer and the intention of 12
the worker and employer. 13
(7) However, regard must not be had to any temporary arrangement 14
under which the worker works in a State for a period of not longer than 15
6 months. 16
(8) Compensation under this Act does not apply in relation to the 17
employment of a worker on a ship if the Seafarers Rehabilitation and 18
Compensation Act 1992 (Cwlth) applies to the worker's employment. 19
(9) In this section-- 20
"State", in a geographical sense, includes a State's relevant adjacent area 21
as described in schedule 4. 22
114 Recognition of determination of State of connection in 23
another State 24
(1) If a designated court makes a determination of the State with which a 25
worker's employment is connected for the purposes of a corresponding law, 26
that State is to be recognised for the purposes of section 113 as the State 27
with which the worker's employment is connected. 28
(2) Subsection (1) does not prevent or affect the operation of a 29
determination of the State with which a worker's employment is connected 30
for the purposes of section 113 made by a court of this State before the 31
determination is made by a designated court. 32
(3) Subsection (1) does not prevent any appeal relating to a 33
determination of a designated court and, if the determination is altered on 34
appeal, the altered determination is to be recognised under subsection (1). 35
s 115 93 s 115
Workers' Compensation and Rehabilitation Bill 2003
(4) In this section-- 1
"corresponding law" means the provisions of the statutory workers' 2
compensation scheme of another State that correspond with 3
section 113. 4
"designated court" means-- 5
(a) the Supreme Court of a State in which a corresponding law is in 6
force; or 7
(b) a court, tribunal or other decision-making body of a State in 8
which a corresponding law is in force that is declared under a 9
regulation to be a designated court for the purposes of this 10
section. 11
Division 3--Overseas arrangements 12
115 Overseas arrangements 13
(1) If-- 14
(a) an injury is sustained by a worker in another country in 15
circumstances that, had the injury been sustained in Queensland, 16
compensation would have been payable; and 17
(b) at the time of the injury, the worker's principal place of 18
employment was in Queensland; 19
compensation is payable as if the injury were sustained in Queensland. 20
(2) If-- 21
(a) an injury is sustained by a worker in Queensland; and 22
(b) at the time of the injury, the worker's principal place of 23
employment was in another country; 24
compensation is not payable for the injury. 25
(3) For this section, a worker's principal place of employment is in a 26
country if-- 27
(a) the worker usually works in that country; or 28
(b) for a worker who usually works in more than 1 country--the 29
employer's principal place of business is in that country. 30
s 116 94 s 118
Workers' Compensation and Rehabilitation Bill 2003
(4) In deciding whether a worker usually works in a country, regard 1
must be had to the worker's work history with the employer and the 2
intention of the worker and employer. 3
(5) However, regard must not be had to any temporary arrangement 4
under which the worker works in a country for a period of not longer than 5
6 months. 6
Division 4--Relationship of entitlement to other compensation 7
116 Entitlement ends if compensated under corresponding laws 8
(1) This section applies if, for an injury, payment (by whatever name 9
called) that corresponds to compensation under this Act is made to, or on 10
account of, a person under an entitlement under a law of the 11
Commonwealth or of a place other than Queensland. 12
(2) The person's entitlement to compensation under this Act for the 13
injury stops. 14
117 Compensation recoverable if later paid under corresponding laws 15
(1) This section applies if, for an injury-- 16
(a) an insurer has paid compensation under this Act to, or on account 17
of, a person; and 18
(b) subsequently payment (by whatever name called) that 19
corresponds to compensation under this Act is made to, or on 20
account of, the person under an entitlement under a law of the 21
Commonwealth or of a place other than Queensland for the 22
injury. 23
(2) The insurer may recover the amount paid as compensation under this 24
Act from the person to whom, or on whose account, it was paid. 25
118 Condition on compensation application if compensation available 26
under this Act and corresponding law 27
(1) This section applies if, for an injury, a person is entitled to-- 28
(a) payment of compensation under this Act; and 29
s 119 95 s 119
Workers' Compensation and Rehabilitation Bill 2003
(b) payment that corresponds to compensation payable under this 1
Act under an entitlement under a law of the Commonwealth or of 2
a place other than Queensland. 3
(2) An application for compensation under this Act is duly made, and is 4
to be acted on, only if the claimant gives the insurer the claimant's 5
statutory declaration that-- 6
(a) a claim for payment for the injury under the entitlement under 7
the law of the Commonwealth or of the place other than 8
Queensland has not been made; and 9
(b) a claim mentioned in paragraph (a) will not be made. 10
119 Entitlement to compensation ends if damages claim is finalised 11
(1) This section applies if, for an injury, there is-- 12
(a) an entitlement to compensation; and 13
(b) an entitlement to recover damages against an employer or 14
another person. 15
(2) An entitlement to compensation ends when settlement for damages is 16
agreed or judgment for damages is given. 17
(3) In this section-- 18
"damages" includes damages under a legal liability existing independently 19
of this Act, whether or not within the meaning of section 10.72 20
72 Section 10 (Meaning of "damages")
s 120 96 s 122
Workers' Compensation and Rehabilitation Bill 2003
PART 3--COMPENSATION ENTITLEMENTS OF 1
PARTICULAR WORKERS 2
Division 1--Workers on ships 3
120 Application of div 1 4
This division applies to an injury sustained by a worker who was 5
employed on a ship when the injury was sustained. 6
121 Payment on account of workers on ships 7
(1) Compensation is not payable for the death of the worker who leaves 8
no dependants, if the owner or charterer of the ship on which the worker 9
was employed when the injury was sustained is, under an Act or law in 10
force in the State, liable to pay the expenses of the worker's funeral. 11
(2) Compensation is not payable for injury sustained by the worker for a 12
period during which the owner or charterer of the ship on which the worker 13
was employed when the injury was sustained is, under another Act or law 14
in force in the State, liable to pay the expenses, maintenance or wages of 15
the worker. 16
(3) Compensation payable for injury sustained by the worker must be 17
paid in full, despite any limitation of liability prescribed by another law. 18
(4) Subsection (3) applies subject to section 116.73 19
Division 2--Miners 20
122 Application of div 2 21
This division applies to an injury sustained by a worker who was a miner 22
when the injury was sustained and the injury is the disease silicosis or 23
anthraco-silicosis. 24
73 Section 116 (Entitlement ends if compensated under corresponding laws)
s 123 97 s 124
Workers' Compensation and Rehabilitation Bill 2003
123 Entitlements of miners 1
(1) The worker is entitled to compensation only if subsection (2) or (3) 2
applies. 3
(2) Compensation is payable for the injury if the worker-- 4
(a) has been continuously resident in the State during the 5 years 5
immediately before-- 6
(i) the onset of incapacity due to the disease; or 7
(ii) death due to the disease, if it happens without the onset of 8
incapacity due to the disease; and 9
(b) during the period of residency, has been employed in 10
employment in mining, quarrying, stone crushing or stone 11
cutting in the State for at least 300 days. 12
(3) If subsection (2) does not apply, compensation is payable for the 13
injury if the worker-- 14
(a) has been resident in the State for periods totalling at least 5 years 15
during the 7 years immediately before-- 16
(i) the onset of incapacity due to the disease; or 17
(ii) death due to the disease, if it happens without the onset of 18
incapacity due to the disease; and 19
(b) during the period of residency, has been employed in 20
employment in mining, quarrying, stone crushing or stone 21
cutting in the State for at least 500 days. 22
Division 3--Workers with industrial deafness 23
124 Application of div 3 24
This division applies to a worker who has sustained an injury that is 25
industrial deafness. 26
s 125 98 s 126
Workers' Compensation and Rehabilitation Bill 2003
125 Entitlements for industrial deafness 1
(1) The worker is entitled to compensation for the industrial deafness 2
under part 10 and sections 211(1)(a) and 219(1)74 and not under any other 3
provision. 4
(2) The application for compensation for industrial deafness must be 5
made-- 6
(a) while the claimant is a worker under this Act; or 7
(b) if the claimant would ordinarily be a worker under this Act but is 8
temporarily unemployed; or 9
(c) within 12 months after the claimant's formal retirement from 10
employment. 11
(3) The worker is entitled to compensation for industrial deafness that is 12
attributable to the worker's employment in the State as a worker if the 13
worker-- 14
(a) has been employed in an industry in the State for a period of, or 15
for periods totalling, at least 5 years; and 16
(b) the employment was at a location, or at locations, where the 17
noise level was a significant contributing factor to the industrial 18
deafness. 19
(4) The worker is not entitled to lump sum compensation for the first 5% 20
of the worker's diminution of hearing. 21
(5) The insurer must ask that the worker's degree of permanent 22
impairment resulting from the diminution of hearing be assessed under 23
section 179.75 24
126 Further application for compensation for industrial deafness 25
(1) This section applies if a worker has lodged an application for 26
compensation for industrial deafness. 27
74 Part 10 (Entitlement to compensation for permanent impairment) and sections 211
(Extent of liability for medical treatment) and 219 (Extent of liability for travelling
expenses)
75 Section 179 (Assessment of permanent impairment)
s 127 99 s 129
Workers' Compensation and Rehabilitation Bill 2003
(2) The worker is entitled to lodge a further application for 1
compensation for industrial deafness only if it is lodged more than 3 years 2
after the previous application was lodged with the insurer. 3
(3) The worker is entitled to further lump sum compensation if the 4
worker has sustained a further diminution of hearing of more than 1%. 5
(4) The further application must be decided under section 125. 6
Division 4--Workers with prescribed disfigurement 7
127 Application of div 4 8
This division applies to a worker who has sustained an injury that results 9
in prescribed disfigurement. 10
128 Entitlements of worker who sustains prescribed disfigurement 11
(1) The worker is entitled to compensation under this division in 12
addition to compensation to which the worker is entitled under another 13
provision of this Act. 14
(2) In no case is weekly payment of compensation to be made for 15
prescribed disfigurement. 16
(3) Compensation for prescribed disfigurement is payable as lump sum 17
compensation in an amount calculated having regard to the severity of the 18
worker's prescribed disfigurement and the table of injuries. 19
PART 4--COMPENSATION AFFECTED BY WORKERS' 20
CONDUCT 21
129 Self-inflicted injuries 22
Compensation is not payable for an injury sustained by a worker if the 23
injury is intentionally self-inflicted. 24
s 130 100 s 131
Workers' Compensation and Rehabilitation Bill 2003
130 Injuries caused by misconduct 1
(1) Compensation is payable for an injury sustained by a worker that is 2
caused by the worker's serious and wilful misconduct only if-- 3
(a) the injury results in death; or 4
(b) the insurer considers that the injury could result in a WRI of 50% 5
or more. 6
(2) However, compensation is not payable if the injury could result in a 7
WRI of 50% or more arising from-- 8
(a) a psychiatric or psychological injury; or 9
(b) combining a psychiatric or psychological injury and another 10
injury. 11
(3) If the insurer and the worker can not agree that the worker's injury 12
could result in a WRI of 50% or more-- 13
(a) the degree of impairment that could be sustained by the worker 14
may be decided only by a medical assessment tribunal; and 15
(b) the insurer must refer the question of the degree of impairment to 16
a tribunal for decision. 17
(4) In this section-- 18
"serious and wilful misconduct" of a worker does not include conduct 19
engaged in at the express or implied direction of the worker's 20
employer. 21
PART 5--COMPENSATION APPLICATION AND 22
OTHER PROCEDURES 23
131 Time for applying 24
(1) An application for compensation is valid and enforceable only if the 25
application is lodged by the claimant within 6 months after the entitlement 26
to compensation arises. 27
(2) If an application is lodged more than 28 days after the entitlement to 28
compensation arises, the extent of the insurer's liability to pay 29
s 132 101 s 133
Workers' Compensation and Rehabilitation Bill 2003
compensation is limited to a period starting no earlier than 28 days before 1
the day on which the valid application is lodged. 2
(3) Subsection (2) does not apply if death is, or results from, the injury. 3
(4) An insurer must waive subsection (1) for a particular application if it 4
is satisfied that special circumstances of a medical nature, decided by a 5
medical assessment tribunal, exist. 6
(5) An insurer may waive subsection (1) or (2) for a particular 7
application if the insurer is satisfied that a claimant's failure to lodge the 8
application was due to-- 9
(a) mistake; or 10
(b) the claimant's absence from the State; or 11
(c) a reasonable cause. 12
132 Applying for compensation 13
(1) An application for compensation must be made in the approved form 14
by the claimant. 15
(2) The application must be lodged with the insurer. 16
(3) The application must be accompanied by-- 17
(a) a certificate in the approved form of a doctor who attended the 18
claimant; and 19
(b) any other evidence or particulars prescribed under a regulation. 20
(4) A registered dentist may issue the certificate mentioned in 21
subsection (3)(a) for an oral injury. 22
(5) If the claimant can not complete an application because of a physical 23
or mental incapacity, someone else may complete it on the claimant's 24
behalf. 25
133 Employer's duty to report injury 26
(1) An employer, other than an employer who is a self-insurer, whose 27
worker sustains an injury for which compensation may be payable must 28
complete a report in the approved form and send it to the nearest office of 29
WorkCover. 30
s 134 102 s 135
Workers' Compensation and Rehabilitation Bill 2003
(2) The employer must send the report immediately after the first of the 1
following happens-- 2
(a) the employer knows the injury has been sustained; 3
(b) the worker reports the injury to the employer; 4
(c) the employer receives WorkCover's written request for a report. 5
(3) If an employer fails to comply with subsection (1) within 10 days 6
after any of the circumstances mentioned in subsection (2), the employer 7
commits an offence, unless the employer has a reasonable excuse. 8
Maximum penalty--50 penalty units. 9
134 Decision about application for compensation 10
(1) A claimant's application for compensation must be allowed or 11
rejected in the first instance by the insurer. 12
(2) The insurer must make a decision on the application within 3 months 13
after the application is made. 14
(3) The insurer must notify the claimant of its decision on the 15
application. 16
(4) If the insurer rejects the application, the insurer must also, when 17
giving the claimant notice of its decision, give the claimant written reasons 18
for the decision and the information prescribed under a regulation. 19
(5) Subsection (6) applies if the insurer does not make a decision on the 20
application within 3 months after the application is made. 21
(6) The insurer must, within 7 days after the end of the 3 month period, 22
notify the claimant of its reasons for not making the decision and that the 23
claimant may have the claimant's application reviewed under chapter 13. 24
135 Examination by registered person 25
(1) An insurer may at any time require a claimant or a worker to submit 26
to a personal examination by a registered person at a place reasonably 27
convenient for the claimant or worker. 28
(2) Subsection (3) applies if the claimant or worker-- 29
(a) fails, without reasonable excuse, to attend for the examination at 30
the time and place advised by the insurer; or 31
s 136 103 s 138
Workers' Compensation and Rehabilitation Bill 2003
(b) having attended, refuses to be examined by the registered person; 1
or 2
(c) obstructs, or attempts to obstruct, the examination. 3
(3) Any entitlement the claimant or worker may have to compensation is 4
suspended until the claimant or worker undergoes the examination. 5
136 Worker must notify return to work or engagement in a calling 6
(1) A worker receiving compensation for an injury must give written 7
notice within 14 days of the worker's-- 8
(a) return to work; or 9
(b) engagement in a calling. 10
Maximum penalty--50 penalty units. 11
(2) The notice must be given to the insurer. 12
(3) The notice may be a certificate in the approved form of a doctor 13
stating the worker's capacity for work. 14
137 Suspension of compensation during term of imprisonment 15
An insurer may suspend compensation payable to a worker if the worker 16
is serving a term of imprisonment. 17
138 Compensation not payable during suspension 18
If an entitlement to compensation is suspended under this chapter or 19
chapter 4, 11 or 13,76 no compensation is payable for the period of 20
suspension. 21
76 Chapter 4 (Injury management), 11 (Medical assessment tribunals) or 13 (Reviews
and appeals)
s 139 104 s 140
Workers' Compensation and Rehabilitation Bill 2003
PART 6--MAXIMUM STATUTORY COMPENSATION 1
139 Application of pt 6 2
This part applies to 1 injury or multiple injuries sustained by a worker in 3
any 1 event. 4
140 Maximum entitlement 5
(1) The maximum amount of compensation payable for 1 injury or 6
multiple injuries sustained in 1 event is-- 7
(a) for compensation payable as weekly payments under 8
part 977--$157 955; 9
(b) for lump sum compensation payable under 10
section 18078--$157 955; 11
(c) for the total of compensation payable under paragraphs (a) and 12
(b)--$157 955. 13
(2) A worker to whom the maximum amount of compensation is paid is 14
not entitled to further compensation for the injury or multiple injuries 15
arising from the event for any period after the payment is made. 16
(3) However, subsections (1) and (2) do not limit the power to make 17
additional payment of compensation under part 10, division 4.79 18
(4) In subsection (1)-- 19
"compensation" does not include compensation provided for under part 8. 20
77 Part 9 (Weekly payment of compensation)
78 Section 180 (Calculation of lump sum compensation)
79 Part 10 (Entitlement to compensation for permanent impairment), division 4
(Additional lump sum compensation)
s 141 105 s 142
Workers' Compensation and Rehabilitation Bill 2003
PART 7--PAYMENT OF COMPENSATION 1
141 Time from which compensation payable 2
(1) The entitlement to compensation for an injury arises on the day the 3
worker is assessed by-- 4
(a) a doctor; or 5
(b) if the injury is an oral injury and the worker attends a 6
dentist--the dentist. 7
(2) However, any entitlement to weekly payment of compensation starts 8
on-- 9
(a) if a doctor or dentist assesses the injury as resulting in total or 10
partial incapacity for work on the day the worker stops work 11
because of the injury--the day after the worker stops work 12
because of the injury; or 13
(b) if a doctor or dentist assesses the injury as resulting in total or 14
partial incapacity for work on a day later than the day the worker 15
stops work because of the injury--the day the doctor or dentist 16
assesses the injury. 17
(3) Subsections (1) and (2) are not intended to limit any availability for 18
compensation for the day of injury provided for under part 8. 19
(4) Subsection (2) is subject to section 131(2).80 20
PART 8--COMPENSATION FOR DAY OF INJURY 21
142 Application of pt 8 22
This part applies only if, under an industrial instrument, a worker is not 23
entitled to be paid for the whole of the day on which the worker stops work 24
because of an injury. 25
80 Section 131 (Time for applying)
s 143 106 s 145
Workers' Compensation and Rehabilitation Bill 2003
143 Definition for pt 8 1
In this part-- 2
"compensation under this part" means an amount equal to the amount 3
the worker would have received from the worker's employment for 4
the day on which the worker stops work because of an injury if the 5
worker were at work and the injury had not been sustained. 6
144 When employer must pay worker for day of injury 7
(1) For the day the worker stops work because of the injury, the worker 8
is entitled to compensation under this part for the injury. 9
(2) Despite section 109,81 the employer must pay the compensation. 10
(3) The amount of compensation under this part that is payable is in 11
addition to any other compensation payable to the worker under this Act. 12
(4) The day for which compensation under this part is payable is not to 13
be included in the excess period under section 66.82 14
PART 9--WEEKLY PAYMENT OF COMPENSATION 15
Division 1--Application 16
145 Application and object of pt 9 17
(1) This part applies if a worker is totally or partially incapacitated 18
because of injury for which compensation is payable. 19
(2) The object of this part is to provide for weekly payments to the 20
worker during the period of incapacity. 21
81 Section 109 (Who must pay compensation)
82 Section 66 (Employer's liability for excess period)
s 146 107 s 148
Workers' Compensation and Rehabilitation Bill 2003
Division 2--Advances on weekly payments 1
146 Advances on account 2
(1) If an insurer is satisfied that an application for compensation under 3
this part is well founded, it may from time to time advance to the worker 4
amounts on account of weekly payment of compensation as it considers 5
appropriate in the circumstances. 6
(2) The insurer may exercise the power under subsection (1) at any time 7
before the entitlement to compensation is-- 8
(a) ascertained; or 9
(b) reviewed under chapter 13. 83
10
Division 3--Adjustment of entitlements under pt 9 11
147 Worker can not receive more than if injury had not been 12
sustained 13
(1) A worker must not receive an amount under this part that is more 14
than the worker would have received from the worker's employment if the 15
worker were at work and the injury had not been sustained. 16
(2) Subsection (1) has effect despite any other provision of this part. 17
148 Regard to other benefits for workers 18
Despite divisions 4 and 5,84 in assessing the amount of weekly payment 19
of compensation, the insurer-- 20
(a) may have regard to the amount of an entitlement had by the 21
worker independently of this Act by way of-- 22
(i) payment or other benefit that is being, has been, or will be 23
received by the worker; and 24
(ii) payment that is being, has been, or will be made on account 25
of the worker; and 26
83 Chapter 13 (Reviews and appeals)
84 Divisions 4 (Entitlement for total incapacity) and 5 (Entitlement for partial
incapacity)
s 149 108 s 150
Workers' Compensation and Rehabilitation Bill 2003
(b) may reduce the weekly payment of compensation by the 1
equivalent weekly amount of the payment or other benefit 2
mentioned in paragraph (a) for the relevant period of 3
compensation. 4
Division 4--Entitlement for total incapacity 5
Subdivision 1--Application of div 4 6
149 Entitlement to weekly payments 7
Compensation payable to a totally incapacitated worker or person to 8
whom subdivision 3 or 485 applies is a weekly payment under this division. 9
Subdivision 2--Workers 10
150 Total incapacity--workers whose employment is governed by an 11
industrial instrument 12
(1) The compensation payable to a totally incapacitated worker whose 13
employment is governed by an industrial instrument is, for each week-- 14
(a) for the first 26 weeks of the incapacity, the greater of the 15
following-- 16
(i) 85% of the worker's NWE; 17
(ii) the amount payable under the worker's industrial 18
instrument; and 19
(b) from the end of the first 26 weeks of the incapacity until the end 20
of the first 2 years of the incapacity, the greater of the 21
following-- 22
(i) 65% of the worker's NWE; 23
(ii) 60% of QOTE; and 24
85 Subdivision 3 (Persons entitled to compensation other than workers, students and
eligible persons) or 4 (Eligible persons)
s 151 109 s 151
Workers' Compensation and Rehabilitation Bill 2003
(c) from the end of the first 2 years of the incapacity until the end of 1
the first 5 years of the incapacity-- 2
(i) if a worker demonstrates to the insurer that the injury could 3
result in a WRI of more than 15%--the greater of the 4
following-- 5
(A) 65% of the worker's NWE; 6
(B) 60% of QOTE; or 7
(ii) otherwise--an amount equal to the single pension rate. 8
(2) However, the amount paid under subsection (1)(b) or (c) must not be 9
more than the amount to which the worker would be entitled under 10
subsection (1)(a). 11
151 Total incapacity--workers whose employment is not governed by 12
industrial instrument 13
(1) The compensation payable to a totally incapacitated worker whose 14
employment is not governed by an industrial instrument is, for each 15
week-- 16
(a) for the first 26 weeks of the incapacity, the greater of the 17
following-- 18
(i) 85% of the worker's NWE; 19
(ii) 70% of QOTE; and 20
(b) from the end of the first 26 weeks of the incapacity until the end 21
of the first 2 years of the incapacity, the greater of the 22
following-- 23
(i) 65% of the worker's NWE; 24
(ii) 60% of QOTE; and 25
(c) from the end of the first 2 years of the incapacity until the end of 26
the first 5 years of the incapacity-- 27
(i) if a worker demonstrates to the insurer that the injury could 28
result in a WRI of more than 15%--the greater of the 29
following-- 30
(A) 65% of the worker's NWE; 31
(B) 60% of QOTE; or 32
s 152 110 s 152
Workers' Compensation and Rehabilitation Bill 2003
(ii) otherwise--an amount equal to the single pension rate. 1
(2) However, the amount must not be more than the worker's NWE. 2
152 Total incapacity--certain contract workers 3
(1) The compensation payable to a totally incapacitated contract worker 4
is, for each week-- 5
(a) for the first 26 weeks of the incapacity, the greater of the 6
following-- 7
(i) 85% of the worker's NWE; 8
(ii) the amount payable under the worker's contract of service; 9
and 10
(b) from the end of the first 26 weeks of the incapacity until the end 11
of the first 2 years of the incapacity, the greater of the 12
following-- 13
(i) 65% of the worker's NWE; 14
(ii) 60% of QOTE; and 15
(c) from the end of the first 2 years of the incapacity until the end of 16
the first 5 years of the incapacity-- 17
(i) if a worker demonstrates to the insurer that the injury could 18
result in a WRI of more than 15%--the greater of the 19
following-- 20
(A) 65% of the worker's NWE; 21
(B) 60% of QOTE; or 22
(ii) otherwise--an amount equal to the single pension rate. 23
(2) However, the amount paid under subsection (1)(b) or (c) must not be 24
more than the amount to which the worker would be entitled under 25
subsection (1)(a). 26
(3) In this section-- 27
"contract worker" means a worker employed under a contract of 28
service-- 29
(a) as a public service officer; or 30
(b) as an officer of a government entity; or 31
s 153 111 s 155
Workers' Compensation and Rehabilitation Bill 2003
(c) by a university; or 1
(d) as a salaried employee in the electricity industry; or 2
(e) by the chief executive of the department within which the Health 3
Services Act 1991 is administered. 4
153 Total incapacity--casual or part-time workers 5
(1) The compensation payable to a totally incapacitated worker engaged 6
in casual or part-time employment is a payment under section 150, 151 7
or 152.86 8
(2) However, the payment must not be more than the worker's NWE. 9
154 Total incapacity--workers receiving certain benefits under 10
Commonwealth law 11
(1) This section applies if a totally incapacitated worker was receiving 12
an age, disability support or class B widow pension under a 13
Commonwealth law when the injury was sustained. 14
(2) The compensation payable to the worker is the lesser of the 15
following amounts-- 16
(a) the amount the worker was earning at the time of the injury; 17
(b) the amount the worker is entitled to earn before the maximum 18
pension payable to the worker is reduced. 19
155 Total incapacity--workers with more than 1 employer 20
(1) This section applies if-- 21
(a) a totally incapacitated worker is employed by more than 22
1 employer when the injury is sustained; and 23
(b) the worker's employment with 1 employer is other than as a 24
casual employee. 25
86 Section 150 (Total incapacity--workers whose employment is governed by an
industrial instrument), 151 (Total incapacity--workers whose employment is not
governed by industrial instrument) or 152 (Total incapacity--certain contract
workers)
s 156 112 s 157
Workers' Compensation and Rehabilitation Bill 2003
(2) The insurer may decide that the worker's entitlement to 1
compensation is to be calculated under the industrial instrument that 2
increases the worker's entitlement to compensation. 3
(3) If the insurer makes a decision under subsection (2), the entitlement 4
to compensation is calculated under the industrial instrument decided by 5
the insurer. 6
Subdivision 3--Persons entitled to compensation other than workers, 7
students and eligible persons 8
156 Application of sdiv 3 9
This subdivision applies to a person entitled to compensation, other than 10
a worker, a student or an eligible person. 11
157 Total incapacity 12
(1) The compensation payable to a totally incapacitated person is a 13
payment under this section. 14
(2) The payment for a person who is not in employment or 15
self-employed is the amount (if any) that WorkCover considers is 16
reasonable. 17
(3) However, the payment under subsection (2) must not be more than 18
60% of QOTE. 19
(4) The payment for a person who is employed, but not self-employed, is 20
a payment under section 150, 151, 152, 153, 154 or 155.87 21
(5) The payment for a person who is self-employed is, for each week-- 22
(a) for the first 26 weeks of the incapacity-- 23
(i) if subparagraph (ii) does not apply--70% of QOTE; or 24
87 Section 150 (Total incapacity--workers whose employment is governed by an
industrial instrument), 151 (Total incapacity--workers whose employment is not
governed by industrial instrument), 152 (Total incapacity--certain contract
workers), 153 (Total incapacity--casual or part-time workers), 154 (Total
incapacity--workers receiving certain benefits under Commonwealth law) or
155 (Total incapacity--workers with more than 1 employer)
s 158 113 s 159
Workers' Compensation and Rehabilitation Bill 2003
(ii) if the person replaces the person's labour--the payment 1
under subsection (6); and 2
(b) from the end of the first 26 weeks of the incapacity until the end 3
of the first 2 years of the incapacity, the lesser of the following-- 4
(i) 60% of QOTE; 5
(ii) the reasonable cost of labour paid to replace the person; and 6
(c) from the end of the first 2 years of the incapacity until the end of 7
the first 5 years of the incapacity-- 8
(i) if a person demonstrates to WorkCover that the injury could 9
result in a WRI of more than 15%--the greater of the 10
following-- 11
(A) 65% of the person's NWE; 12
(B) 60% of QOTE; or 13
(ii) otherwise--an amount equal to the single pension rate. 14
(6) For subsection (5)(a)(ii), the amount is-- 15
(a) if paragraph (b) does not apply--85% of the reasonable cost of 16
labour paid to replace the person; or 17
(b) if the reasonable cost of labour paid to replace the person is less 18
than 70% of QOTE--the reasonable cost of labour paid to 19
replace the person. 20
Subdivision 4--Eligible persons 21
158 Application of sdiv 4 22
This subdivision applies to an eligible person. 23
159 Total incapacity 24
(1) The compensation payable to a totally incapacitated person is, for 25
each week-- 26
(a) for the first 26 weeks of the incapacity-- 27
(i) the lesser of the following-- 28
s 159 114 s 159
Workers' Compensation and Rehabilitation Bill 2003
(A) 85% of the amount stated in the person's contract of 1
insurance; 2
(B) the person's actual earnings when the injury was 3
sustained; or 4
(ii) if the person replaces the person's labour--the payment 5
under subsection (2); and 6
(b) from the end of the first 26 weeks of the incapacity until the end 7
of the first 2 years of the incapacity-- 8
(i) the greater of the following-- 9
(A) 65% of the amount stated in the person's contract of 10
insurance; 11
(B) 60% of QOTE; or 12
(ii) if the person replaces the person's labour--the payment 13
under subsection (2); and 14
(c) from the end of the first 2 years of the incapacity until the end of 15
the first 5 years of the incapacity-- 16
(i) if the person demonstrates to WorkCover that the injury 17
could result in a WRI of more than 15%--the greater of the 18
following-- 19
(A) 65% of the amount stated in the person's contract of 20
insurance; 21
(B) 60% of QOTE; or 22
(ii) otherwise--an amount equal to the single pension rate. 23
(2) For subsection (1)(a)(ii) and (b)(ii), the amount is-- 24
(a) if paragraph (b) does not apply--85% of the reasonable cost of 25
labour paid to replace the person; or 26
(b) if the reasonable cost of labour paid to replace the person is less 27
than 85% of the amount stated in the person's contract of 28
insurance--the reasonable cost of labour paid to replace the 29
person. 30
(3) However, the amount paid under subsection (1)(b) or (c) must not be 31
more than the amount to which the person would be entitled under 32
subsection (1)(a). 33
s 160 115 s 162
Workers' Compensation and Rehabilitation Bill 2003
Subdivision 5--Reference to tribunal 1
160 Total incapacity--reference about impairment to medical 2
assessment tribunal 3
(1) This section applies if-- 4
(a) for section 150(1)(c)(i), 151(1)(c)(i), 152(1)(c)(i), 157(5)(c)(i) or 5
159(1)(c)(i), an insurer and a worker or a person can not agree 6
that the injury could result in a WRI of more than 15%; or 7
(b) for section 150(1)(c)(ii), 151(1)(c)(ii), 152(1)(c)(ii), 157(5)(c)(ii) 8
or 159(1)(c)(ii), an insurer and a worker or a person can not agree 9
that the injury could result in a WRI of 15% or less. 10
(2) The degree of impairment that could result from the injury may be 11
decided only by a medical assessment tribunal. 12
(3) The insurer must refer the question of impairment to a tribunal for 13
decision. 14
(4) In deciding the degree of impairment that could result from the 15
injury, a psychiatric or psychological injury must not be combined with 16
another injury. 17
Division 5--Entitlement for partial incapacity 18
Subdivision 1--Persons entitled to compensation other than eligible 19
persons 20
161 Application of sdiv 1 21
This subdivision applies to a person entitled to compensation, other than 22
an eligible person. 23
162 Definitions for sdiv 1 24
In this subdivision-- 25
"LE" means the worker's or person's loss of earnings, expressed as a 26
weekly rate, because of the injury. 27
"loss of earnings" means the difference between-- 28
s 163 116 s 164
Workers' Compensation and Rehabilitation Bill 2003
(a) the amount of the worker's or person's normal weekly earnings at 1
the time of injury; and 2
(b) the amount-- 3
(i) of the worker's or person's weekly earnings from 4
employment during the period of partial incapacity; or 5
(ii) if the worker or person is not in employment during the 6
period of partial incapacity--that could be reasonably 7
expected to be derived by the worker or person during the 8
period, having regard to the worker's or person's incapacity 9
and the availability of employment. 10
"MC" means the maximum compensation expressed as a weekly rate, that 11
would have been payable under this part had total incapacity of the 12
worker or person resulted from the injury. 13
"NWE" see section 106.88 14
"PC" means the compensation expressed as a weekly rate, payable for the 15
injury on account of the partial incapacity. 16
163 Partial incapacity 17
(1) Compensation payable to a partially incapacitated worker or person 18
is a weekly payment under this section. 19
(2) The weekly payment is an amount calculated under the following 20
formula-- 21
PC = MC x LE 22
NWE 23
(3) However, the amount must not be more than MC. 24
Subdivision 2--Eligible persons 25
164 Application of sdiv 2 26
This subdivision applies to an eligible person. 27
88 Section 106 (Meaning of "normal weekly earnings")
s 165 117 s 167
Workers' Compensation and Rehabilitation Bill 2003
165 Definitions for sdiv 2 1
In this subdivision-- 2
"AP" means the amount payable under section 159(1)(a).89 3
"LE" means the person's loss of earnings, expressed as a weekly rate, 4
because of the injury. 5
"loss of earnings" means the difference between-- 6
(a) the amount payable under section 159(1)(a); and 7
(b) the amount of the person's weekly earnings from employment 8
during the period of partial incapacity. 9
"MC" means the maximum compensation expressed as a weekly rate, that 10
would have been payable under this part had total incapacity of the 11
person resulted from the injury. 12
"PC" means the compensation expressed as a weekly rate, payable for the 13
injury on account of the partial incapacity. 14
166 Partial incapacity 15
(1) Compensation payable to a partially incapacitated person is a weekly 16
payment under this section. 17
(2) The weekly payment is an amount calculated under the following 18
formula-- 19
PC = MC x LE 20
AP 21
(3) However, the amount must not be more than MC. 22
Subdivision 3--Requiring information 23
167 Insurer may require information from partially incapacitated 24
worker or person 25
(1) An insurer may, by written notice given to a partially incapacitated 26
worker or person, require the worker or person to give the insurer 27
89 Section 159 (Total incapacity)
s 168 118 s 169
Workers' Compensation and Rehabilitation Bill 2003
information about, and particulars of, the worker's or person's employment 1
and earnings during a period of partial incapacity. 2
(2) If a worker or person fails to give the insurer the required 3
information or particulars within 14 days after receiving the notice, the 4
insurer may suspend the worker's or person's entitlement to weekly 5
payments of compensation until the worker or person fully complies with 6
the request. 7
Division 6--Review of compensation 8
168 Review of compensation and associated payments 9
(1) An insurer may, from time to time, review a person's entitlement to 10
compensation. 11
(2) On a review, the insurer may terminate, suspend, decrease or 12
increase an entitlement. 13
169 Review of weekly payments--worker under 18 14
(1) This section applies if a worker receiving weekly payments of 15
compensation-- 16
(a) was under 18 when the injury was sustained; and 17
(b) a review takes place more than 12 months after the injury was 18
sustained. 19
(2) The worker's entitlement to weekly compensation may be increased 20
from the date of the review. 21
(3) The worker's future entitlement to weekly payment of compensation 22
must be calculated having regard to the industrial instrument applying to 23
the worker as if the worker were at work and the injury had not been 24
sustained. 25
(4) This section does not limit another provision of this chapter that 26
provides for a review of the worker's entitlement. 27
s 170 119 s 172
Workers' Compensation and Rehabilitation Bill 2003
170 Recovery of compensation overpaid 1
(1) This section applies if, for an application for compensation, payment 2
has been made to a worker or another person of an amount that is more 3
than the amount to which the worker or person is entitled. 4
(2) The insurer may-- 5
(a) recover from the worker or person the difference between the 6
payment and the entitlement; or 7
(b) from time to time deduct from weekly payments of 8
compensation that become payable to the worker, whether for 9
that application or a subsequent application for compensation, 10
the difference between the payment and the entitlement, or any 11
part of the difference. 12
(3) If the overpayment has been made because of incorrect information 13
given by a worker's employer, WorkCover may recover the overpaid 14
amount from the employer. 15
Division 7--Redemption of weekly payments 16
171 Redemption--worker receiving weekly payments for at least 17
2 years 18
(1) This section applies if-- 19
(a) a worker has been receiving weekly payments of compensation 20
for at least 2 years; and 21
(b) the insurer receives a report from a doctor that the worker's 22
injury is not stable and stationary for the purposes of assessing 23
permanent impairment. 24
(2) The insurer's liability to make weekly payments of compensation 25
may be discharged by a redemption payment to the worker in an amount 26
agreed between the insurer and the worker. 27
172 Redemption--worker moves interstate 28
(1) This section applies if-- 29
(a) a worker receiving weekly payments of compensation moves 30
interstate permanently; and 31
s 173 120 s 175
Workers' Compensation and Rehabilitation Bill 2003
(b) the insurer receives a report from a doctor that the worker's 1
injury is not stable and stationary for the purposes of assessing 2
permanent impairment. 3
(2) The insurer's liability to make weekly payments of compensation 4
may be discharged by a redemption payment to the worker in an amount 5
agreed between the insurer and the worker. 6
173 Redemption--worker moves abroad 7
(1) This section applies if a worker receiving weekly payments of 8
compensation stops ordinarily residing in Australia. 9
(2) The worker stops being entitled to compensation. 10
(3) However, if the worker satisfies the insurer that the worker's 11
incapacity resulting from the injury for which the compensation is payable 12
is permanent, the worker is entitled to a redemption payment in an amount 13
agreed between the insurer and the worker. 14
174 Calculation of redemption payment 15
(1) The amount of a redemption payment that the insurer may pay to a 16
worker is an amount that is not more than the amount calculated under the 17
following formula-- 18
(156 x Q) - TWP 19
(2) In subsection (1)-- 20
"Q" is 60% of QOTE. 21
"TWP" means the total weekly payments already paid to the worker. 22
175 Review of redemption payment 23
(1) If a worker asks, a redemption payment may be reviewed by the 24
insurer within 12 months after the payment is made. 25
(2) On a review, the insurer may decrease or, subject to section 174, 26
increase the payment. 27
s 176 121 s 177
Workers' Compensation and Rehabilitation Bill 2003
176 No compensation after redemption payment made 1
A worker to whom a redemption payment is made is not entitled to 2
further compensation for the event after the amount of the payment is 3
agreed or decided. 4
Division 8--When entitlement to weekly payments stops 5
177 When weekly payments stop 6
(1) The entitlement of a worker to weekly payments under this part stops 7
when the first of the following happens-- 8
(a) the incapacity because of the work related injury stops; 9
(b) the worker has received weekly payments for the incapacity for 10
5 years; 11
(c) compensation under this part reaches the maximum amount 12
under part 6.90 13
(2) If subsection (1)(b) or (c) applies, the worker's entitlement to further 14
compensation for the injury stops. 15
(3) This section does not limit another provision of this Act that stops 16
weekly payments. 17
90 Part 6 (Maximum statutory compensation)
s 178 122 s 179
Workers' Compensation and Rehabilitation Bill 2003
PART 10--ENTITLEMENT TO COMPENSATION FOR 1
PERMANENT IMPAIRMENT 2
Division 1--General statement 3
178 Entitlement to assessment of permanent impairment and lump 4
sum compensation 5
(1) Under this part, an insurer or a worker is entitled to ask for an 6
assessment to decide if a worker has sustained a degree of permanent 7
impairment from injury. 8
(2) If the worker is assessed under this part as having sustained a degree 9
of permanent impairment, the worker is entitled to a payment, or an offer 10
of payment, of lump sum compensation for the permanent impairment. 11
(3) In particular circumstances, the worker may be entitled to a payment 12
of additional lump sum compensation. 13
Division 2--Assessment of permanent impairment under table of injuries 14
179 Assessment of permanent impairment 15
(1) An insurer may decide, or a worker may ask the insurer, to have the 16
worker's injury assessed to decide if the worker's injury has resulted in a 17
degree of permanent impairment. 18
(2) The insurer must have the degree of permanent impairment 19
assessed-- 20
(a) for industrial deafness--by an audiologist; or 21
(b) for a psychiatric or psychological injury--by a medical 22
assessment tribunal; or 23
(c) for another injury--by a doctor. 24
(3) The degree of permanent impairment must be assessed in the way 25
prescribed under a regulation and a report must be given to the insurer 26
stating-- 27
s 180 123 s 181
Workers' Compensation and Rehabilitation Bill 2003
(a) the matters taken into account, and the weight given to the 1
matters, in deciding the degree of permanent impairment; and 2
(b) any other information prescribed under a regulation. 3
180 Calculation of lump sum compensation 4
(1) If, as a result of the assessment, a worker is entitled to lump sum 5
compensation, the amount of the lump sum compensation must be 6
calculated under a regulation having regard to the degree of permanent 7
impairment and the table of injuries.91 8
(2) Without limiting subsection (1), lump sum compensation for injury 9
must not include an amount for a degree of impairment attributable to-- 10
(a) a condition existing before the injury; or 11
(b) a condition for which the worker is not entitled to compensation. 12
(3) The amount of lump sum compensation is to be calculated as at the 13
day the insurer makes an offer of lump sum compensation to the worker 14
under section 187.92 15
181 Regard to previous entitlement to lump sum compensation for 16
injury other than industrial deafness 17
(1) This section applies if-- 18
(a) a worker has previously had an entitlement to lump sum 19
compensation for injury (other than industrial deafness) to a part 20
of the worker's body; and 21
(b) the worker sustains a further injury to the same part of the body 22
(the "later injury"). 23
(2) Lump sum compensation under section 180 for the later injury must 24
be reduced by the worker's previous entitlement. 25
26
Example--
27
A worker loses the distal joint of the right index finger in a work related event and has
28
an entitlement to lump sum compensation for the permanent impairment. The worker
29
loses the remaining part of the right index finger in a subsequent work related event.
91 For the maximum amount of lump sum compensation payable under section 198,
see part 6 (Maximum statutory compensation).
92 Section 187 (Offer of lump sum compensation)
s 182 124 s 183
Workers' Compensation and Rehabilitation Bill 2003
1
The entitlement for the second permanent impairment must be reduced by the
2
entitlement from the first permanent impairment.
182 Regard to previous assessment for industrial deafness 3
(1) This section applies if-- 4
(a) a worker has previously had an entitlement to lump sum 5
compensation for industrial deafness; and 6
(b) the worker sustains further industrial deafness. 7
(2) In deciding the lump sum compensation under section 180 for the 8
further industrial deafness, the assessed percentage loss of hearing must be 9
reduced by the previously assessed percentage loss of hearing. 10
183 Calculation of WRI 11
(1) If the worker is assessed as having a degree of permanent 12
impairment, the insurer must calculate the worker's WRI. 13
(2) The WRI must be calculated under a regulation having regard to-- 14
(a) the worker's entitlement to lump sum compensation calculated 15
under section 180; and 16
(b) if the worker had a previous entitlement to lump sum 17
compensation for a similar injury other than industrial 18
deafness--the previous entitlement; and 19
(c) if the worker previously had an entitlement to lump sum 20
compensation for industrial deafness--the previous percentage 21
loss of hearing. 22
(3) However, in relation to an event, the worker's WRI for a psychiatric 23
or psychological injury and the worker's WRI for another injury must not 24
be combined in calculating the WRI for the worker's injury. 25
s 184 125 s 185
Workers' Compensation and Rehabilitation Bill 2003
Division 3--Notification of assessment of permanent impairment 1
184 Application of div 3 2
This division applies if an assessment of permanent impairment of a 3
worker's injury has been made under section 179.93 4
185 Insurer to give notice of assessment of permanent impairment 5
(1) The insurer must, within 14 days after receiving the assessment of 6
the worker's permanent impairment, give the worker a notice of 7
assessment in the approved form. 8
(2) However, if a worker sustains multiple injuries in an event, the 9
insurer must give the notice only after the worker's degree of permanent 10
impairment from all the injuries has been assessed. 11
(3) The notice must state-- 12
(a) whether the worker has sustained permanent impairment from 13
the injury; and 14
(b) if the worker has sustained permanent impairment-- 15
(i) the degree of permanent impairment attributable to the 16
injury; and 17
(ii) the WRI calculated for the injury; and 18
(iii) the amount of lump sum compensation under section 18094 19
to which the worker is entitled for the injury; and 20
(c) if the worker's WRI is 50% or more--the worker's entitlement to 21
additional lump sum compensation under section 192;95 and 22
(d) if the worker's WRI is 15% or more--the worker's entitlement to 23
additional lump sum compensation (if any) for gratuitous care 24
under section 193.96 25
93 Section 179 (Assessment of permanent impairment)
94 Section 180 (Calculation of lump sum compensation)
95 Section 192 (Additional lump sum compensation for certain workers)
96 Section 193 (Additional lump sum compensation for gratuitous care)
s 186 126 s 188
Workers' Compensation and Rehabilitation Bill 2003
(4) If the notice states the worker has not sustained a degree of 1
permanent impairment, the insurer must also give the worker a copy of 2
sections 10, 237(3), 239, 240 and 316.97 3
186 Worker's disagreement with assessment of permanent 4
impairment 5
(1) This section applies if-- 6
(a) the worker's degree of permanent impairment has not been 7
assessed by a medical assessment tribunal; and 8
(b) the worker does not agree with the degree of permanent 9
impairment stated in the notice of assessment. 10
(2) The worker must advise the insurer within 28 days after the notice is 11
given (the "decision period") that the worker does not agree with the 12
degree of permanent impairment. 13
(3) The degree of permanent impairment may then be decided only by a 14
medical assessment tribunal. 15
(4) The insurer must refer the question of degree of permanent 16
impairment to a tribunal for decision. 17
187 Offer of lump sum compensation 18
If the worker has an entitlement to lump sum compensation under 19
section 180,98 the insurer must include, in the notice of assessment, an offer 20
of lump sum compensation to the worker (the "offer"). 21
188 Worker's decision about lump sum compensation--WRI 20% or 22
more 23
(1) This section applies if-- 24
(a) the worker has-- 25
97 Sections 10 (Meaning of "damages"), 237 (General limitation on persons entitled to
seek damages), 239 (Worker who is required to make election to seek damages),
240 (Consequences, to costs, of seeking damages) and 316 (Principles about orders
as to costs)
98 Section 180 (Calculation of lump sum compensation)
s 189 127 s 189
Workers' Compensation and Rehabilitation Bill 2003
(i) a psychiatric or psychological injury from an event that 1
results in a WRI of the worker of 20% or more; or 2
(ii) another injury from an event that results in a WRI of the 3
worker of 20% or more; and 4
(b) the worker has an entitlement to lump sum compensation. 5
(2) The worker may accept or defer a decision about the offer by giving 6
the insurer written notice within the decision period. 7
(3) The worker is taken to have deferred the decision if, within the 8
decision period, the worker does not advise the insurer that-- 9
(a) the offer is accepted; or 10
(b) the worker wants to defer the decision. 11
(4) If the worker accepts the offer, the insurer must pay the worker the 12
amount of lump sum compensation. 13
189 Worker's decision about lump sum compensation--WRI less than 14
20% or no WRI 15
(1) This section applies if-- 16
(a) the worker-- 17
(i) has-- 18
(A) a psychiatric or psychological injury from an event that 19
results in a WRI of the worker of less than 20%; or 20
(B) another injury from an event that results in a WRI of 21
the worker of less than 20%; and 22
(ii) has an entitlement to lump sum compensation; or 23
(b) the worker has an injury that does not result in any WRI of the 24
worker. 25
(2) The insurer must also, when giving the notice of assessment-- 26
(a) give the worker a copy of sections 10, 239, 240 and 316;99 and 27
99 Sections 10 (Meaning of "damages"), 239 (Worker who is required to make election
to seek damages), 240 (Consequences, to costs, of seeking damages) and
316 (Principles about orders as to costs)
s 190 128 s 190
Workers' Compensation and Rehabilitation Bill 2003
(b) advise the worker that the worker must make an irrevocable 1
election as to whether the worker-- 2
(i) accepts the offer of payment of lump sum compensation; or 3
(ii) seeks damages for the injury. 4
(3) The worker may accept, reject or defer a decision about the offer by 5
giving the insurer written notice within the decision period. 6
(4) The worker is taken to have deferred the decision if, within the 7
decision period, the worker does not advise the insurer that the offer is 8
accepted or rejected. 9
(5) If the worker accepts the offer, the insurer must pay the worker the 10
amount of lump sum compensation. 11
(6) If the worker fails to give the insurer notice of the worker's election 12
before the worker seeks damages for the injury, the worker is taken to have 13
rejected lump sum compensation for the injury. 14
(7) For subsection (6), the worker is taken to seek damages for the injury 15
when the worker lodges a notice of claim under chapter 5.100 16
190 No further compensation after fixed time 17
(1) This section applies to a worker who has been given a notice of 18
assessment. 19
(2) The worker is not entitled to further compensation for the injury after 20
the first of the following happens-- 21
(a) the worker notifies the insurer of the worker's decision about the 22
offer within the decision period; 23
(b) 28 days have passed since the worker received the offer. 24
(3) This section does not limit the worker's entitlement to payment of-- 25
(a) lump sum compensation under section 188(4) or 189(5);101 or 26
(b) additional compensation, if any, under division 4. 27
100 Chapter 5 (Access to damages)
101 Section 188 (Worker's decision about lump sum compensation--WRI 20% or more)
or 189 (Worker's decision about lump sum compensation--WRI less than 20% or
no WRI)
s 191 129 s 193
Workers' Compensation and Rehabilitation Bill 2003
Division 4--Additional lump sum compensation 1
191 Application of div 4 2
This division applies only if a worker's WRI has been calculated. 3
192 Additional lump sum compensation for certain workers 4
(1) This section applies if a worker sustains an injury that results in a 5
WRI of 50% or more. 6
(2) The worker is entitled to additional lump sum compensation of up to 7
$157 955 for the injury, payable according to a graduated scale prescribed 8
under a regulation. 9
(3) However, the worker is not entitled to additional lump sum 10
compensation if the WRI arises from-- 11
(a) a psychiatric or psychological injury; or 12
(b) combining a psychiatric or psychological injury and another 13
injury. 14
193 Additional lump sum compensation for gratuitous care 15
(1) This section applies if a worker sustains an injury that results in-- 16
(a) a WRI of 15% or more; and 17
(b) a moderate to total level of dependency on day to day care for the 18
fundamental activities of daily living. 19
(2) The worker is entitled to additional lump sum compensation only 20
if-- 21
(a) day to day care for the fundamental activities of daily living is to 22
be provided at the worker's home on a voluntary basis by another 23
person; and 24
(b) the worker resides at home on a permanent basis; and 25
(c) the level of care required was not provided to the worker before 26
the worker sustained the impairment; and 27
(d) the worker physically demonstrates the level of dependency 28
mentioned in subsection (1)(b). 29
s 194 130 s 194
Workers' Compensation and Rehabilitation Bill 2003
(3) However, a worker is not entitled to additional lump sum 1
compensation if the WRI arises from-- 2
(a) a psychiatric or psychological injury; or 3
(b) combining a psychiatric or psychological injury and another 4
injury. 5
(4) The insurer must ask that a registered occupational therapist assess 6
the worker's level of dependency resulting from the impairment in the way 7
prescribed under a regulation. 8
(5) The occupational therapist must give the insurer an assessment report 9
stating-- 10
(a) the matters the therapist took into account, and the weight the 11
therapist gave to the matters, in deciding the worker's level of 12
dependency; and 13
(b) any other information prescribed under a regulation. 14
(6) The insurer must decide the amount of the worker's entitlement to 15
additional compensation of up to $195 960, payable according to a 16
graduated scale prescribed under a regulation, having regard to-- 17
(a) the worker's WRI; and 18
(b) the worker's level of dependency; and 19
(c) any other information prescribed under a regulation. 20
(7) If the worker does not agree with the level of dependency assessed 21
under subsection (4), the insurer must refer the matter of the worker's level 22
of dependency to the General Medical Assessment Tribunal for decision. 23
(8) In this section-- 24
"home", of a worker, means a private dwelling where the worker usually 25
resides. 26
PART 11--COMPENSATION ON WORKER'S DEATH 27
194 Application and object of pt 11 28
(1) This part applies if a worker dies because of an injury. 29
s 195 131 s 197
Workers' Compensation and Rehabilitation Bill 2003
(2) The object of this part is to provide for payment by an insurer of-- 1
(a) particular expenses arising from the worker's injury and death; 2
and 3
(b) compensation to persons having an entitlement to compensation 4
under this part. 5
195 Definition for pt 11 6
In this part-- 7
"student" means a person who is under 21 and receiving full time 8
education at a school, college, university or similar institution. 9
196 To whom payments made for death of worker 10
(1) Compensation for the death of a worker is payable-- 11
(a) to the worker's legal personal representative; or 12
(b) if there is no legal personal representative-- 13
(i) so far as the payment is by way of expenses to which a 14
person is entitled--to the person who has incurred the 15
expenses; or 16
(ii) so far as the payment is by way of compensation to the 17
worker's dependants--to the dependants entitled to 18
compensation. 19
(2) The worker's legal personal representative must pay or apply the 20
compensation to or for the benefit of the worker's dependants or other 21
persons entitled to compensation. 22
197 Total and partial dependants 23
If compensation is payable for the death of a worker who is survived by 24
persons totally dependent on the worker and persons partially dependent on 25
the worker, the compensation may be apportioned between the total 26
dependants and the partial dependants. 27
s 198 132 s 201
Workers' Compensation and Rehabilitation Bill 2003
198 Dependant's compensation payable to public trustee 1
An insurer may pay an amount of compensation payable to the worker's 2
dependant to the public trustee for the dependant's benefit. 3
199 Medical and funeral expenses must be paid by insurer 4
An insurer must pay the reasonable expenses-- 5
(a) of the medical treatment of, or attendance on, the worker; and 6
(b) the worker's funeral. 7
200 Total dependency 8
(1) This section applies if at least 1 of the worker's dependants was, at 9
the time of the worker's death, totally dependent on the worker's earnings. 10
(2) The amount of compensation payable for the worker's dependants 11
is-- 12
(a) if the worker has left dependent members of the worker's family, 13
for the members--$263 255; and 14
(b) if the worker has left a totally dependent spouse and dependent 15
members of the worker's family who are under 16 or are 16
students, for each member other than the spouse--$9 875; and 17
(c) if the worker has left dependent members of the worker's family 18
or a child of the worker's spouse who was totally dependent on 19
the worker's earnings and who are under 16 or students, for each 20
member or child--a weekly amount equal to 7% of QOTE while 21
the member or child is under 16 or a student. 22
(3) However, the amount payable under subsection (2)(a) is subject to 23
any reduction made under section 203.102 24
201 Partial dependency 25
(1) This section applies if all of the worker's dependants were, at the 26
time of the worker's death, partially dependent on the worker's earnings. 27
102 Section 203 (Reduction of amount payable on death)
s 202 133 s 203
Workers' Compensation and Rehabilitation Bill 2003
(2) The amount of compensation payable for the worker's dependants 1
is-- 2
(a) if the worker has left dependent members of the worker's family, 3
for the members--an amount the insurer considers is reasonable 4
and proportionate to the monetary value of the loss of 5
dependence by the dependants; and 6
(b) if the worker has left dependent members of the worker's family 7
or a child of the worker's spouse who was partially dependent on 8
the worker's earnings and who are under 16 or students, for each 9
member or child--a weekly amount equal to 7% of QOTE while 10
the member or child is under 16 or a student. 11
(3) However, the amount payable under subsection (2)(a)-- 12
(a) is subject to any reduction made under section 203; but 13
(b) must not be less than 15% of the amount payable under 14
section 200(2)(a); and 15
(c) must not be more than the amount payable under 16
section 200(2)(a). 17
202 Workers under 21 18
(1) This section applies if the worker-- 19
(a) was under 21; and 20
(b) left a parent ordinarily resident in the State but no dependants. 21
(2) The amount of compensation payable to the parent is $14 905. 22
(3) If more than 1 parent is entitled to compensation-- 23
(a) the total amount of compensation payable to the parents is 24
$14 905; and 25
(b) the amount payable to each parent is to be decided by the insurer. 26
203 Reduction of amount payable on death 27
(1) This section applies if any of the following payments have been 28
made for an injury sustained by a worker that resulted in the worker's 29
death-- 30
(a) a weekly payment of compensation; 31
s 204 134 s 204
Workers' Compensation and Rehabilitation Bill 2003
(b) a redemption payment; 1
(c) a payment of lump sum compensation. 2
(2) The amount of compensation payable under section 200(2)(a) or 3
201(2)(a)103 must be reduced by the total of all payments mentioned in 4
subsection (1). 5
(3) However, the amount must not be reduced by more than 50% of the 6
amount payable under section 200(2)(a). 7
204 Reduced compensation if dependant dies before payment made 8
(1) This section applies if the worker is survived by a dependant who 9
dies before payment of compensation is made for the dependant's benefit. 10
(2) For this section, the dependant is taken to have died before the 11
worker. 12
(3) However, compensation for the period starting on the day of the 13
worker's death and ending on the day of the dependant's death is payable 14
to the dependant's legal personal representative for the benefit of the 15
dependant's estate. 16
(4) The amount of the compensation is a weekly payment under this 17
section. 18
(5) If the dependant was a spouse who was totally dependent on the 19
worker's earnings, the payment is, for each week, 14% of QOTE. 20
(6) If the worker has left no surviving spouse and the dependant was a 21
member of the worker's family who was totally dependent on the worker's 22
earnings and was caring for-- 23
(a) another member of the worker's family who was totally 24
dependent on the worker's earnings; or 25
(b) the worker's child or stepchild who was under 16 or a student; 26
the payment is, for each week, 14% of QOTE. 27
(7) If the dependant was a member of the worker's family or a child of 28
the worker's spouse who was under 16 or a student and was totally 29
dependent on the worker's earnings, the payment is, for each week, 7% of 30
QOTE. 31
103 Section 200 (Total dependency) or 201 (Partial dependency)
s 205 135 s 207
Workers' Compensation and Rehabilitation Bill 2003
PART 12--AUTOMATIC VARIATION OF 1
COMPENSATION PAYABLE 2
205 Variation of payments for injuries 3
(1) If QOTE varies, each payment or amount under part 6, 10 or 11 104
4
that is not expressed as a percentage of QOTE must be varied 5
proportionately. 6
(2) An amount varied under subsection (1) is to be rounded up to the 7
nearest $5. 8
(3) The Authority must notify a variation under this section by industrial 9
gazette notice. 10
206 Construing entitlements in light of variation 11
(1) This section applies if an amount is varied under section 205. 12
(2) An entitlement to an amount mentioned in section 205 is to be 13
construed as an entitlement to the payment or amount as varied for the time 14
being under section 205. 15
(3) A reference in part 6, 10 or 11 to the amount is to be construed as a 16
reference to the amount as varied for the time being under section 205. 17
207 Application of part to existing benefits 18
(1) This part applies to a benefit being paid and an entitlement accrued 19
under a former Act as if they were a benefit paid or an entitlement accrued 20
under this Act. 21
(2) For subsection (1), the reference in section 206(3) of this Act to 22
part 6, 10 or 11 is to be construed as a reference to the corresponding 23
provision of the former Act under which an entitlement arose. 24
104 Part 6 (Maximum statutory compensation), 10 (Entitlement to compensation for
permanent impairment) or 11 (Compensation on worker's death)
s 208 136 s 210
Workers' Compensation and Rehabilitation Bill 2003
CHAPTER 4--INJURY MANAGEMENT 1
PART 1--APPLICATION 2
208 Application and object of ch 4 3
(1) This chapter applies if a worker sustains an injury for which 4
compensation is payable. 5
(2) The object of this chapter is to provide for appropriate medical 6
treatment, hospitalisation and rehabilitation of the worker. 7
PART 2--LIABILITY FOR MEDICAL TREATMENT, 8
HOSPITALISATION AND EXPENSES 9
Division 1--Application and general statement of liability 10
209 Application of pt 2 11
This part applies if medical treatment or hospitalisation of a worker is 12
required for the management of an injury sustained by the worker. 13
210 Insurer's liability for medical treatment and hospitalisation 14
(1) The insurer must pay the cost of the medical treatment or 15
hospitalisation that the insurer considers reasonable, having regard to the 16
worker's injury. 17
(2) Under the table of costs, the Authority may impose conditions on the 18
provision of the medical treatment. 19
s 211 137 s 212
Workers' Compensation and Rehabilitation Bill 2003
Division 2--Medical treatment costs 1
211 Extent of liability for medical treatment 2
(1) The insurer must pay the following costs for medical treatment for 3
an injury, whether provided at 1 time or at different times-- 4
(a) for medical treatment by a registered person--the cost that the 5
insurer accepts as reasonable, having regard to the relevant table 6
of costs; 7
(b) for nursing, medicines, medical or surgical supplies, curative 8
apparatus, crutches or other assistive devices given to the worker 9
otherwise than as an in-patient at a private hospital--the cost that 10
the insurer accepts as reasonable. 11
(2) The insurer's liability for the cost of medical treatment by a 12
registered chiropractor or a registered osteopath extends only to the cost of 13
treatment involving the manipulation, mobilisation and management of the 14
neuromusculoskeletal system of the human body. 15
212 Extent of liability for prosthetic expenses 16
(1) This section applies if a worker, because of a condition resulting 17
from an injury-- 18
(a) is fitted with a prosthesis; or 19
(b) is dependent on support of a medical aid, or crutches or another 20
assistive device. 21
(2) The insurer must pay expenses necessarily incurred by the worker 22
that the insurer accepts as reasonable on account of-- 23
(a) reasonable wear and tear of the prosthesis, medical aid or device; 24
or 25
(b) replacement of the prosthesis, medical aid or device due to 26
reasonable wear and tear; or 27
(c) damage to, or destruction of, a prosthesis, medical aid or device 28
as a result of injury in a further event. 29
(3) The insurer's liability under this section stops when the worker's 30
entitlement to compensation stops. 31
s 213 138 s 215
Workers' Compensation and Rehabilitation Bill 2003
213 Accounts for medical treatment, certificate in approved form 1
(1) This section applies if an insurer is liable for the costs of medical 2
treatment. 3
(2) Accounts for medical treatment must be sent to the insurer promptly 4
and within 2 months after the treatment is completed. 5
(3) The accounts must specify-- 6
(a) the worker's full name, date of birth and residential address; and 7
(b) any item number that the medical treatment may have that is 8
listed in the relevant table of costs; and 9
(c) the date of each attendance; and 10
(d) detailed particulars of treatment; and 11
(e) the name and place of business of the worker's employer. 12
(4) A worker who receives medical treatment must be given a certificate 13
in the approved form free of charge. 14
214 Review of costs payable 15
(1) This section applies if a person who provides medical treatment 16
considers that the cost that an insurer accepts as reasonable, in a particular 17
case, is inadequate because of special circumstances. 18
(2) The person may apply to the insurer in writing for an increase in the 19
cost. 20
(3) The application must specify the special circumstances and the 21
reasons the cost should be increased in the particular case. 22
(4) The insurer may approve the increase if, after considering the 23
application, the insurer accepts that the increase is justified. 24
Division 3--Hospitalisation 25
215 Definitions for div 3 26
In this division-- 27
"elective hospitalisation" means hospitalisation involving a treatment or 28
procedure decided on by a worker or the worker's doctor that is of 29
s 216 139 s 216
Workers' Compensation and Rehabilitation Bill 2003
advantage to the worker, but is not fundamental in the treatment of the 1
worker's injury. 2
"private hospital" means a hospital other than a public hospital, and 3
includes-- 4
(a) a ward or room of a public hospital that is not a public ward; and 5
(b) a day hospital or an emergency centre. 6
"public hospital" means a public sector hospital under the Health Services 7
Act 1991. 8
216 Extent of liability for period of hospitalisation 9
(1) An insurer's liability for the cost of hospitalisation of a worker 10
extends only to the cost of hospitalisation of the worker as an in-patient at a 11
private hospital-- 12
(a) for non-elective hospitalisation--for not more than 4 days; or 13
(b) for non-elective hospitalisation for more than 4 days--to the 14
extent agreed to by the insurer under arrangements entered into 15
between the insurer and the worker or someone for the worker 16
before the hospitalisation or any extension of the hospitalisation; 17
or 18
(c) for elective hospitalisation--to the extent agreed to by the insurer 19
under arrangements entered into between the insurer and the 20
worker or someone for the worker before the hospitalisation. 21
(2) Before agreeing to arrangements under subsection (1)(b) or (c), the 22
insurer must be satisfied that-- 23
(a) a public hospital is not reasonably available to the worker or a 24
public hospital that is reasonably available can not admit the 25
worker as an in-patient to a public ward within a reasonable time; 26
or 27
(b) admission of the worker to a private hospital-- 28
(i) would relieve prolonged pain and suffering to the worker; or 29
(ii) would result in saving of costs. 30
s 217 140 s 219
Workers' Compensation and Rehabilitation Bill 2003
217 Cost of hospitalisation 1
(1) The cost for which an insurer is liable for hospitalisation of a worker 2
as an in-patient is the cost for the provision of the facility at a hospital 3
where a procedure is carried out. 4
(2) The insurer must pay the cost of hospitalisation, whether the 5
hospitalisation is provided at 1 time or at different times. 6
(3) The insurer must pay the cost of hospitalisation that-- 7
(a) is published by the Authority by industrial gazette notice; or 8
(b) if a cost of hospitalisation is not published--the cost lawfully 9
charged by the hospital. 10
218 Maximum liability for cost of hospitalisation 11
The maximum amount that an insurer is liable to pay for hospitalisation 12
of a worker for injury sustained in any 1 event, whether the hospitalisation 13
occurs at 1 time or at different times, is the amount prescribed under a 14
regulation. 15
Division 4--Travelling expenses 16
219 Extent of liability for travelling expenses 17
(1) An insurer must pay the travelling expenses, that the insurer 18
considers are necessary and reasonable, incurred by a worker for the injury 19
for-- 20
(a) obtaining medical treatment; or 21
(b) undertaking rehabilitation; or 22
(c) attending a medical assessment tribunal; or 23
(d) undertaking examination by a registered person. 24
(2) An insurer must pay the cost of the worker's transportation by 25
ambulance vehicle provided by the Queensland Ambulance Service, 26
irrespective of distance, if the transportation-- 27
(a) for transportation first provided immediately after the injury is 28
sustained--is from the place where the injury is sustained to a 29
place where appropriate medical treatment is available to seek 30
the treatment; or 31
s 219 141 s 219
Workers' Compensation and Rehabilitation Bill 2003
(b) for transportation subsequently provided--is certified in writing 1
by a doctor as necessary because of the worker's physical 2
condition resulting from the injury. 3
(3) The insurer must also pay the cost of the worker's transportation by 4
ambulance vehicle not provided by the Queensland Ambulance Service, 5
irrespective of distance, if the transportation-- 6
(a) for transportation first provided immediately after the injury is 7
sustained--is from the place where the injury is sustained to a 8
place where appropriate medical treatment is available to seek 9
the treatment; or 10
(b) for transportation subsequently provided--is certified in writing 11
by a doctor as necessary because of the worker's physical 12
condition resulting from the injury. 13
(4) The cost of transportation by ambulance vehicle that the insurer must 14
pay is-- 15
(a) the cost the insurer accepts as reasonable, having regard to the 16
relevant table of costs; or 17
(b) if there is no relevant table of costs--the cost the insurer 18
approves. 19
(5) The insurer must also pay the cost of transportation by ambulance 20
vehicle if the insurer gives written approval for the transportation. 21
(6) Other than as provided by subsections (2), (3), (4), (5) and (7), the 22
insurer is not liable for travelling expenses incurred by the worker-- 23
(a) in travelling a distance of less than 20 km one way; or 24
(b) if treatment or rehabilitation for the injury was reasonably 25
available to the worker nearer than the place to which the worker 26
has travelled to seek the treatment or rehabilitation. 27
(7) The insurer must reimburse the worker for expenses if-- 28
(a) the worker is not entitled under subsection (6)(a) to be 29
reimbursed by the insurer for travelling expenses; and 30
(b) in a period of 7 consecutive days, the worker incurs travelling 31
expenses in reasonably travelling at least 150 km to and from a 32
place to seek treatment or rehabilitation. 33
s 220 142 s 222
Workers' Compensation and Rehabilitation Bill 2003
PART 3--RESPONSIBILITY FOR REHABILITATION 1
Division 1--Responsibility for rehabilitation 2
220 Insurer's responsibility for worker's rehabilitation 3
An insurer must take the steps it considers practicable to secure the 4
rehabilitation and early return to suitable duties of workers who have an 5
entitlement to compensation. 6
221 Authority's responsibility for rehabilitation 7
The Authority must-- 8
(a) provide rehabilitation advisory services for workers, employers 9
and insurers; and 10
(b) approve or provide workplace rehabilitation courses; and 11
(c) ensure employers and insurers comply with their rehabilitation 12
requirements under this Act. 13
Division 2--Insurer's liability for rehabilitation fees and costs 14
222 Liability for rehabilitation fees and costs 15
(1) This section applies if an insurer considers rehabilitation is necessary 16
for a worker for whose injury the insurer has accepted liability. 17
(2) In addition to compensation otherwise payable, the insurer must pay 18
the fees or costs of rehabilitation that the insurer accepts to be reasonable, 19
having regard to the worker's injury. 20
(3) Under the table of costs, the Authority may impose conditions on the 21
provision of the rehabilitation. 22
(4) The insurer's liability under this division stops when the worker's 23
entitlement to compensation stops. 24
s 223 143 s 224
Workers' Compensation and Rehabilitation Bill 2003
223 Extent of liability for rehabilitation fees and costs 1
An insurer must pay the following fees or costs for rehabilitation for an 2
injury, whether provided at 1 time or at different times-- 3
(a) for rehabilitation provided to a worker by a registered 4
person--the fees or costs accepted by the insurer to be 5
reasonable, having regard to the relevant table of costs; 6
(b) for other rehabilitation--the fees or costs approved by the 7
insurer. 8
Division 3--Caring allowance 9
224 Liability for caring allowance 10
(1) This section applies if a worker is receiving weekly payments of 11
compensation. 12
(2) A caring allowance may be paid if the insurer is satisfied that-- 13
(a) the worker depends on day to day care for the fundamental 14
activities of daily living; and 15
(b) the care is to be provided to the worker at the worker's home on a 16
voluntary basis by another person in relation to whom 17
compensation is not payable. 18
(3) The insurer must ask that a registered occupational therapist assess 19
the worker's level of dependency and day to day care requirements 20
resulting from the injury in the way prescribed under a regulation. 21
(4) The occupational therapist must give the insurer an assessment report 22
stating-- 23
(a) the matters the therapist took into account, and the weight the 24
therapist gave to the matters, in deciding the worker's level of 25
dependency and day to day care requirements; and 26
(b) any other information prescribed under a regulation. 27
(5) In this section-- 28
"home", of the worker, means a private dwelling where the worker usually 29
resides. 30
s 225 144 s 226
Workers' Compensation and Rehabilitation Bill 2003
225 Extent of liability for caring allowance 1
The insurer may pay the caring allowance-- 2
(a) in the way prescribed under a regulation; and 3
(b) to, or on account of, the person providing the care. 4
PART 4--EMPLOYER'S OBLIGATION FOR 5
REHABILITATION 6
226 Employer's obligation to appoint rehabilitation coordinator 7
(1) An employer must appoint a rehabilitation coordinator if the 8
employer employs 30 or more workers at a workplace. 9
(2) The rehabilitation coordinator must be employed by the employer 10
under a contract of service at the workplace. 11
(3) The employer must, unless the employer has a reasonable excuse, 12
appoint the rehabilitation coordinator-- 13
(a) within 6 months after-- 14
(i) establishing a workplace where the employer employs 30 or 15
more workers; or 16
(ii) starting to employ 30 or more workers at a workplace; or 17
(b) within a later period approved by the Authority. 18
Maximum penalty--50 penalty units. 19
(4) An employer may, with the Authority's written approval, appoint 20
1 rehabilitation coordinator for more than 1 workplace of 30 or more 21
workers. 22
(5) A rehabilitation coordinator is not civilly liable for an act done, or an 23
omission made, in giving effect to the workplace rehabilitation policy and 24
procedures of an employer. 25
(6) If subsection (5) prevents a civil liability attaching to a rehabilitation 26
coordinator, the liability attaches instead to the employer. 27
s 227 145 s 229
Workers' Compensation and Rehabilitation Bill 2003
227 Employer's obligation to have workplace rehabilitation policy and 1
procedures 2
(1) This section applies if an employer employs 30 or more workers at a 3
workplace. 4
(2) The employer must have workplace rehabilitation policy and 5
procedures. 6
Maximum penalty--50 penalty units. 7
(3) The employer must, unless the employer has a reasonable excuse, 8
have workplace rehabilitation policy and procedures-- 9
(a) within 6 months after-- 10
(i) establishing a workplace where the employer employs 30 or 11
more workers; or 12
(ii) starting to employ 30 or more workers at a workplace; or 13
(b) within a later period approved by the Authority. 14
Maximum penalty--50 penalty units. 15
(4) The employer must review the employer's workplace rehabilitation 16
policy and procedures at least every 3 years and must comply with 17
reporting requirements as prescribed under a regulation. 18
228 Employer's obligation to assist or provide rehabilitation 19
(1) The employer of a worker who has sustained an injury must take all 20
reasonable steps to assist or provide the worker with rehabilitation for the 21
period for which the worker is entitled to compensation. 22
(2) The rehabilitation must be of a suitable standard as prescribed under 23
a regulation. 24
(3) If an employer, other than a self-insurer, considers it is not 25
practicable to provide the worker with suitable duties, the employer must 26
give WorkCover evidence that the suitable duties are not practicable. 27
229 Employer's failure in relation to rehabilitation 28
(1) This section applies if an employer, other than a self-insurer, fails to 29
take reasonable steps to assist or provide a worker with rehabilitation. 30
s 230 146 s 231
Workers' Compensation and Rehabilitation Bill 2003
(2) WorkCover may require the employer to pay WorkCover an amount 1
by way of penalty equal to the amount of compensation paid to the worker 2
during the period of non-compliance by the employer. 3
(3) WorkCover may recover the amount from the employer-- 4
(a) as a debt; or 5
(b) as an addition to a premium payable by the employer. 6
(4) The employer may apply to WorkCover in writing to waive or reduce 7
the penalty because of extenuating circumstances. 8
(5) The application must specify the extenuating circumstances and the 9
reasons the penalty should be waived or reduced in the particular case. 10
(6) WorkCover must consider the application and may-- 11
(a) waive or reduce the penalty; or 12
(b) refuse to waive or reduce the penalty. 13
(7) If the employer is dissatisfied with WorkCover's decision, the 14
employer may have the decision reviewed under chapter 13.105 15
PART 5--WORKER'S MITIGATION AND 16
REHABILITATION OBLIGATIONS 17
230 Application of pt 5 18
This part applies to a worker who has sustained an injury and is required 19
to participate in rehabilitation. 20
231 Worker must mitigate loss 21
(1) The common law duty of mitigation of loss applies to the worker. 22
(2) The worker's duty may be discharged by participating in 23
rehabilitation. 24
105 Chapter 13 (Reviews and appeals)
s 232 147 s 233
Workers' Compensation and Rehabilitation Bill 2003
(3) The worker's duty under this section is in addition to any duty the 1
worker may have under section 267.106 2
232 Worker must participate in rehabilitation 3
(1) The worker must satisfactorily participate in rehabilitation-- 4
(a) as soon as practicable after the injury is sustained; and 5
(b) for the period for which the worker is entitled to compensation. 6
(2) If the worker fails or refuses to participate in rehabilitation without 7
reasonable excuse, the insurer may, by written notice given to the worker, 8
suspend the worker's entitlement to compensation until the worker 9
satisfactorily participates in rehabilitation. 10
(3) If the insurer suspends the worker's entitlement to compensation, the 11
worker may have the decision reviewed under chapter 13. 12
CHAPTER 5--ACCESS TO DAMAGES 13
PART 1--INTERPRETATION AND APPLICATION 14
233 Definitions for ch 5 15
In this chapter-- 16
"claimant" means a person entitled to seek damages. 17
"worker" for a claim, means the worker in relation to whose injury the 18
claim is made. 19
"written final offer" means written final offer under section 292. 20
106 Section 267 (Mitigation of loss)
s 234 148 s 236
Workers' Compensation and Rehabilitation Bill 2003
234 Meaning of "terminal condition" 1
(1) A "terminal condition", of a worker, is a condition certified by a 2
doctor as being a condition that is expected to terminate the worker's life 3
within 2 years after the terminal nature of the condition is diagnosed. 4
(2) A condition is a terminal condition only if the insurer accepts the 5
doctor's diagnosis of the terminal nature of the condition. 6
235 Requirements of chapter to prevail and are substantive law 7
(1) If a provision of an Act or a rule of law is inconsistent with this 8
chapter, this chapter prevails. 9
(2) All the provisions of this chapter are provisions of substantive law. 10
(3) However, subsection (2) does not affect minor variations in 11
procedure. 12
236 Period of limitation under Limitation of Actions Act 1974 13
never affected 14
(1) It is declared that nothing in this Act affects, or has ever affected, the 15
commencement of the period of limitation provided by the Limitation of 16
Actions Act 1974, section 11.107 17
(2) To remove any doubt, it is declared that the period of limitation 18
provided by the Limitation of Actions Act 1974, section 11 applicable to an 19
action for damages for injury sustained by a worker in circumstances 20
creating, independently of this Act, a legal liability in the worker's 21
employer to pay the damages for the injury is, and always has been, the 22
same as would have been applicable to that action if this Act had not been 23
enacted. 24
(3) This section is subject to section 302.108 25
107 Limitation of Actions Act 1974, section 11 (Actions in respect of personal injury)
108 Section 302 (Alteration of period of limitation)
s 237 149 s 237
Workers' Compensation and Rehabilitation Bill 2003
PART 2--ENTITLEMENT CONDITIONS 1
Division 1--Limitations on persons entitled to seek damages 2
237 General limitation on persons entitled to seek damages 3
(1) The following are the only persons entitled to seek damages for an 4
injury sustained by a worker-- 5
(a) the worker, if the worker-- 6
(i) has received a notice of assessment from the insurer for the 7
injury; or 8
(ii) has not received a notice of assessment for the injury, but-- 9
(A) has received a notice of assessment for any injury 10
resulting from the same event (the "assessed injury"); 11
and 12
(B) for the assessed injury, the worker has a WRI of 20% 13
or more or, under section 239,109 the worker has elected 14
to seek damages; or 15
(b) the worker, if the worker's application for compensation was 16
allowed and the injury has not been assessed for permanent 17
impairment; or 18
(c) the worker, if-- 19
(i) the worker has lodged an application, for compensation for 20
the injury, that is or has been the subject of a review or 21
appeal under chapter 13; and 22
(ii) the application has not been decided in or following the 23
review or appeal; or 24
(d) the worker, if the worker has not lodged an application for 25
compensation for the injury; or 26
(e) a dependant of the deceased worker, if the injury results in the 27
worker's death. 28
(2) The entitlement of a worker, or a dependant of a deceased worker, to 29
seek damages is subject to the provisions of this chapter. 30
109 Section 239 (Worker who is required to make election to seek damages)
s 238 150 s 239
Workers' Compensation and Rehabilitation Bill 2003
(3) If a worker-- 1
(a) is required under section 239 to make an election to seek 2
damages for an injury; and 3
(b) has accepted an offer of payment of lump sum compensation 4
under chapter 3, part 10, division 3110 for the injury; 5
the worker is not entitled under subsection (1)(a)(ii) to seek damages. 6
(4) However, subsection (3) does not prevent a worker from seeking 7
damages under section 266.111 8
(5) To remove any doubt, it is declared that subsection (1) abolishes any 9
entitlement of a person not mentioned in the subsection to seek damages 10
for an injury sustained by a worker. 11
238 Worker with terminal condition 12
(1) This section applies to a worker who has a terminal condition and 13
wishes to seek damages. 14
(2) The following provisions of this chapter do not apply to the 15
worker-- 16
(a) section 267(2);112 17
(b) part 6, other than section 293;113
18
(c) part 7, other than sections 300 to 302.114 19
(3) However, this section does not stop the worker from voluntarily 20
complying with the provisions mentioned in subsection (2). 21
239 Worker who is required to make election to seek damages 22
(1) This section applies if a worker's notice of assessment states that-- 23
110 Chapter 3 (Compensation), part 10 (Entitlement to compensation for permanent
impairment), division 3 (Notification of assessment of permanent impairment)
111 Section 266 (Decision not to seek damages reviewable in certain circumstances)
112 Section 267 (Mitigation of loss)
113 Part 6 (Settlement of claims), other than section 293 (Settlement of claim for
damages)
114 Part 7 (Start of court proceedings), other than sections 300 (Carriage of
proceedings), 301 (Exclusion of jury trial) and 302 (Alteration of period of
limitation)
s 240 151 s 240
Workers' Compensation and Rehabilitation Bill 2003
(a) the worker's WRI is less than 20%; or 1
(b) the worker has an injury that does not result in any WRI of the 2
worker. 3
(2) If, in the notice of assessment, the worker is offered a payment of 4
lump sum compensation under chapter 3, part 10, division 3115 for the 5
injury, the worker is not entitled to both-- 6
(a) payment of lump sum compensation for the injury; and 7
(b) damages for the injury. 8
(3) If, in the notice of assessment, the worker is required to make an 9
election to seek damages for the injury, the worker can not change the 10
worker's election-- 11
(a) if the worker has elected to seek damages for the injury--after 12
notice of the election is given to the insurer; or 13
(b) if the worker is taken, under section 189(7),116 to have elected to 14
seek damages for the injury--after the worker lodges a notice of 15
claim. 16
Division 2--Consequences, to costs, of seeking damages 17
240 Consequences, to costs, of seeking damages 18
(1) If the claimant is a worker and the claimant's notice of assessment 19
states that the claimant's WRI is 20% or more, part 12, division 1117 applies 20
in relation to costs in the claimant's proceeding for damages. 21
(2) If the claimant is a worker and the claimant's notice of assessment 22
states that-- 23
(a) the claimant's WRI is less than 20%; or 24
(b) the claimant has an injury that does not result in any WRI of the 25
claimant; 26
115 Chapter 3 (Compensation), part 10 (Entitlement to compensation for permanent
impairment), division 3 (Notification of assessment of permanent impairment)
116 Section 189 (Worker's decision about lump sum compensation--WRI less than
20% or no WRI)
117 Part 12 (Costs), division 1 (Costs applying to worker with WRI of 20% or more or
dependant)
s 241 152 s 243
Workers' Compensation and Rehabilitation Bill 2003
part 12, division 2118 applies in relation to costs in the claimant's 1
proceeding for damages. 2
(3) If the claimant is a dependant, part 12, division 1 applies in relation 3
to costs in the claimant's proceeding for damages. 4
Division 3--Claimant who has received notice of assessment 5
Subdivision 1--Application of division 3 6
241 Application of div 3 7
This division applies to a claimant who is a person mentioned in 8
section 237(1)(a). 9
Subdivision 2--Claimant mentioned in s 237(1)(a)(i) 10
242 Application of subdiv 2 11
This subdivision applies to a claimant who is a person mentioned in 12
section 237(1)(a)(i). 13
243 Need for urgent proceedings 14
(1) This section applies in relation to an urgent need for the claimant to 15
start a proceeding for damages. 16
(2) Section 276119 provides a way for the claimant to satisfy 17
section 302(1)(a)(ii).120 18
(3) Also, the claimant may, under section 298,121 seek leave to start a 19
proceeding for damages for an injury without complying with 20
section 295.122 21
118 Part 12 (Costs), division 2 (Costs applying to worker with WRI less than 20% or no
WRI)
119 Section 276 (Noncompliance with s 275 and urgent proceedings)
120 Section 302 (Alteration of period of limitation)
121 Section 298 (Court to have given leave despite noncompliance)
122 Section 295 (Compliance necessary before starting proceeding)
s 244 153 s 245
Workers' Compensation and Rehabilitation Bill 2003
(4) However, if the leave mentioned in subsection (3) is given, a 1
proceeding started by leave is stayed until the claimant complies with 2
section 295. 3
Subdivision 3--Claimant mentioned in s 237(1)(a)(ii) 4
244 Application of subdiv 3 5
This subdivision applies to a claimant who is a person mentioned in 6
section 237(1)(a)(ii). 7
245 Claimant with more than 1 injury from an event 8
(1) The claimant need not have, and the insurer can not decide to have, 9
the injury assessed under chapter 3, part 10123 to decide if the injury has 10
resulted in a degree of permanent impairment. 11
(2) The insurer can not decide that the claimant's notice of claim does 12
not comply with section 275124 only because the claimant has not received a 13
notice of assessment for the injury. 14
(3) However, the claimant may seek damages for the injury only if the 15
insurer decides that the claimant-- 16
(a) was a worker when the injury was sustained; and 17
(b) has sustained an injury. 18
(4) The insurer must make a decision for the purpose of subsection (3) 19
within 3 months after-- 20
(a) the claimant gives, or is taken to have given, a complying notice 21
of claim; or 22
(b) the claimant gives a notice of claim for which the insurer waives 23
compliance with the requirements of section 275, with or without 24
conditions; or 25
(c) a court makes a declaration under section 297.125 26
123 Chapter 3 (Compensation), part 10 (Entitlement to compensation for permanent
impairment)
124 Section 275 (Notice of claim for damages)
125 Section 297 (Court to have made declaration about noncompliance)
s 246 154 s 247
Workers' Compensation and Rehabilitation Bill 2003
(5) If the insurer is WorkCover, WorkCover must notify the claimant and 1
the claimant's employer of a decision it makes for the purpose of 2
subsection (3). 3
(6) If the insurer decides that the claimant-- 4
(a) was not a worker when the injury was sustained; or 5
(b) has not sustained an injury; 6
the notification must include written reasons for the decision. 7
(7) If the insurer does not make a decision for the purpose of 8
subsection (3) within the time mentioned in subsection (4), the claimant 9
may have the failure to make a decision reviewed under chapter 13. 10
(8) A person aggrieved by a decision made by the insurer for the purpose 11
of subsection (3) may have the decision reviewed under chapter 13. 12
246 Claimant may ask for injury to be assessed for permanent 13
impairment 14
(1) Despite section 245, the claimant may ask the insurer to have the 15
injury assessed under chapter 3, part 10 to decide if the injury has resulted 16
in a degree of permanent impairment. 17
(2) The insurer must have the degree of permanent impairment assessed 18
under chapter 3, part 10 and give the claimant a notice of assessment. 19
(3) Chapter 3, part 10 applies to the assessment, but only for the purpose 20
of assessing the degree of permanent impairment for the purposes of 21
part 12. 22
(4) To remove any doubt, it is declared that the assessment does not give 23
the claimant an entitlement to lump sum compensation under chapter 3, 24
part 10, division 3126 for the injury. 25
247 Need for urgent proceedings 26
(1) This section applies in relation to an urgent need for the claimant to 27
start a proceeding for damages. 28
126 Chapter 3 (Compensation), part 10 (Entitlement to compensation for permanent
impairment), division 3 (Notification of assessment of permanent impairment)
s 248 155 s 248
Workers' Compensation and Rehabilitation Bill 2003
(2) Section 276127 provides a way for the claimant to satisfy 1
section 302(1)(a)(ii).128 2
(3) Also, the claimant may, under section 298,129 seek leave to start a 3
proceeding for damages for an injury without complying with 4
section 295.130 5
(4) However, if the leave mentioned in subsection (3) is given, the 6
proceeding started by leave is stayed until-- 7
(a) the insurer decides that the claimant was a worker when the 8
injury was sustained; and 9
(b) the insurer decides that the claimant has sustained an injury; and 10
(c) any review or appeal under chapter 13 ends; and 11
(d) if the claimant decides to have the injury assessed under 12
chapter 3, part 10--the insurer gives the claimant a notice of 13
assessment; and 14
(e) the claimant complies with section 295. 15
248 When urgent proceeding must be discontinued 16
(1) This section applies to a proceeding mentioned in section 247(4). 17
(2) The claimant must discontinue the proceeding if it is decided by the 18
insurer, or on review or appeal under chapter 13, that the claimant-- 19
(a) was not a worker when the injury was sustained; or 20
(b) has not sustained an injury. 21
127 Section 276 (Noncompliance with s 275 and urgent proceedings)
128 Section 302 (Alteration of period of limitation)
129 Section 298 (Court to have given leave despite noncompliance)
130 Section 295 (Compliance necessary before starting proceeding)
s 249 156 s 251
Workers' Compensation and Rehabilitation Bill 2003
Division 4--Claimant mentioned in s 237(1)(b) 1
249 Application of div 4 2
This division applies to a claimant who is a person mentioned in 3
section 237(1)(b).131 4
250 Claimant may seek damages only after being assessed 5
(1) The claimant may seek damages for the injury only if the insurer 6
gives the claimant a notice of assessment. 7
(2) For subsection (1), the insurer must have the degree of permanent 8
impairment assessed under chapter 3, part 10 and give the claimant a notice 9
of assessment. 10
(3) Chapter 3, part 10 applies to the assessment. 11
251 Need for urgent proceedings 12
(1) This section applies in relation to an urgent need for the claimant to 13
start a proceeding for damages. 14
(2) Section 276132 provides a way for the claimant to satisfy 15
section 302(1)(a)(ii).133 16
(3) Also, the claimant may, under section 298,134 seek leave to start a 17
proceeding for damages for an injury without complying with 18
section 295.135 19
(4) However, if the leave mentioned in subsection (3) is given, the 20
proceeding started by leave is stayed until-- 21
(a) the insurer gives the claimant a notice of assessment; and 22
(b) the claimant-- 23
131 Section 237 (General limitation on persons entitled to seek damages)
132 Section 276 (Noncompliance with s 275 and urgent proceedings)
133 Section 302 (Alteration of period of limitation)
134 Section 298 (Court to have given leave despite noncompliance)
135 Section 295 (Compliance necessary before starting proceeding)
s 252 157 s 254
Workers' Compensation and Rehabilitation Bill 2003
(i) elects to seek damages for the injury; and 1
(ii) complies with section 295. 2
252 When urgent proceeding must be discontinued 3
(1) This section applies if a claimant has started a proceeding mentioned 4
in section 251(4). 5
(2) The claimant must discontinue the proceeding if the claimant-- 6
(a) is required under section 239136 to make an election to seek 7
damages for the injury; and 8
(b) accepts an offer of payment of lump sum compensation under 9
chapter 3, part 10, division 3 for the injury. 10
Division 5--Claimant mentioned in s 237(1)(c) 11
253 Application of div 5 12
This division applies to a claimant who is a person mentioned in 13
section 237(1)(c).137 14
254 Access to damages if application for compensation is subject to 15
review or appeal 16
(1) The claimant may seek damages for the injury only after-- 17
(a) any review or appeal under chapter 13 ends; and 18
(b) the application for compensation is decided; and 19
(c) the insurer gives the claimant a notice of assessment. 20
(2) For subsection (1)(c), the insurer must have the degree of permanent 21
impairment assessed under chapter 3, part 10 and give the claimant a notice 22
of assessment. 23
(3) Chapter 3, part 10 applies to the assessment. 24
136 Section 239 (Worker is required to make election to seek damages)
137 Section 237 (General limitation on persons entitled to seek damages)
s 255 158 s 256
Workers' Compensation and Rehabilitation Bill 2003
255 Need for urgent proceedings 1
(1) This section applies in relation to an urgent need for the claimant to 2
start a proceeding for damages. 3
(2) Section 276138 provides a way for the claimant to satisfy 4
section 302(1)(a)(ii).139 5
(3) Also, the claimant may, under section 298,140 seek leave to start a 6
proceeding for damages for an injury without complying with 7
section 295.141 8
(4) However, if the leave mentioned in subsection (3) is given, the 9
proceeding started by leave is stayed until-- 10
(a) any review or appeal under chapter 13 ends; and 11
(b) the insurer gives the claimant a notice of assessment; and 12
(c) the claimant-- 13
(i) elects to seek damages for the injury; and 14
(ii) complies with section 295. 15
256 When urgent proceedings must be discontinued 16
(1) This section applies if the claimant has started a proceeding 17
mentioned in section 255(4) and-- 18
(a) it has been decided by the insurer, or on review or appeal under 19
chapter 13, that the claimant-- 20
(i) was not a worker when the injury was sustained; or 21
(ii) has not sustained an injury; or 22
(b) the claimant-- 23
(i) is required under section 239 to make an election to seek 24
damages for the injury; and 25
138 Section 276 (Noncompliance with s 275 and urgent proceedings)
139 Section 302 (Alteration of period of limitation)
140 Section 298 (Court to have given leave despite noncompliance)
141 Section 295 (Compliance necessary before starting proceeding)
s 257 159 s 258
Workers' Compensation and Rehabilitation Bill 2003
(ii) accepts an offer of payment of lump sum compensation 1
under chapter 3, part 10, division 3 for the injury. 2
(2) The claimant must discontinue the proceeding. 3
Division 6--Claimant mentioned in s 237(1)(d) 4
257 Application of div 6 5
This division applies to a claimant who is a person mentioned in 6
section 237(1)(d).142 7
258 Access to damages if claimant has not lodged application for 8
compensation 9
(1) The claimant may seek damages for the injury only if the insurer-- 10
(a) decides that the claimant-- 11
(i) was a worker when the injury was sustained; and 12
(ii) has sustained an injury; and 13
(b) gives the claimant a notice of assessment for the injury. 14
(2) For subsection (1), the insurer must have the degree of permanent 15
impairment assessed under chapter 3, part 10 and give the claimant a notice 16
of assessment. 17
(3) Chapter 3, part 10 applies to the assessment, but only for the purpose 18
of assessing the degree of permanent impairment for the purposes of 19
part 12. 20
(4) To remove any doubt, it is declared that the assessment does not give 21
the claimant an entitlement to lump sum compensation under chapter 3, 22
part 10, division 3143 for the injury. 23
(5) The insurer must make a decision or decisions for the purpose of 24
subsection (1) within 3 months after-- 25
(a) the claimant gives, or is taken to have given, a complying notice 26
of claim; or 27
142 Section 237 (General limitation on persons entitled to seek damages)
143 Chapter 3 (Compensation), part 10 (Entitlement to compensation for permanent
impairment), division 3 (Notification of assessment of permanent impairment)
s 259 160 s 259
Workers' Compensation and Rehabilitation Bill 2003
(b) the claimant gives a notice of claim for which the insurer waives 1
compliance with the requirements of section 275, with or without 2
conditions; or 3
(c) a court makes a declaration under section 297. 4
(6) If the insurer is WorkCover, WorkCover must notify the claimant and 5
the claimant's employer of any decision it makes for the purpose of 6
subsection (1). 7
(7) If, for any injury, the insurer decides that the claimant-- 8
(a) was not a worker when the injury was sustained; or 9
(b) has not sustained an injury; 10
the notification must include written reasons for the decision. 11
(8) If, for any injury, the insurer does not make a decision for the purpose 12
of subsection (1) within the time mentioned in subsection (5), the claimant 13
may have the failure to make a decision reviewed under chapter 13. 14
(9) A person aggrieved by a decision made by the insurer for the purpose 15
of subsection (1) may have the decision reviewed under chapter 13. 16
(10) For any assessment mentioned in subsection (1) made by the insurer 17
with which the person does not agree, section 186144 applies. 18
259 Need for urgent proceedings 19
(1) This section applies in relation to an urgent need for the claimant to 20
start a proceeding for damages for any injury resulting from the event. 21
(2) Section 276145 provides a way for the claimant to satisfy 22
section 302(1)(a)(ii).146 23
144 Section 186 (Worker's disagreement with assessment of permanent impairment)
145 Section 276 (Noncompliance with s 275 and urgent proceedings)
146 Section 302 (Alteration of period of limitation)
s 260 161 s 262
Workers' Compensation and Rehabilitation Bill 2003
(3) Also, the claimant may, under section 298,147 seek leave to start a 1
proceeding for damages for an injury without complying with 2
section 295.148 3
(4) However, if the leave mentioned in subsection (3) is given, the 4
proceeding started by leave is stayed until-- 5
(a) the insurer decides that the claimant-- 6
(i) was a worker when the injury was sustained; and 7
(ii) has sustained an injury; and 8
(b) any review or appeal under chapter 13 ends; and 9
(c) the insurer gives the claimant a notice of assessment; and 10
(d) the claimant complies with section 295. 11
260 When proceedings must be discontinued 12
(1) This section applies to a proceeding mentioned in section 259(4). 13
(2) The claimant must discontinue the proceeding if it has been decided 14
by the insurer, or on review or appeal under chapter 13, that the claimant-- 15
(a) was not a worker when the injury was sustained; or 16
(b) has not sustained an injury. 17
Division 7--Person mentioned in s 237(1)(e) 18
261 Application of div 7 19
This division applies to a claimant who is a person mentioned in 20
section 237(1)(e). 21
262 Claimant may seek damages only in particular cases 22
(1) The claimant may seek damages for the injury only if any of the 23
following apply-- 24
147 Section 298 (Court to have given leave despite noncompliance)
148 Section 295 (Compliance necessary before starting proceeding)
s 262 162 s 262
Workers' Compensation and Rehabilitation Bill 2003
(a) an application has been made for compensation under chapter 3, 1
part 11149 and-- 2
(i) the insurer has paid compensation under chapter 3, part 11 3
for the worker's death to the claimant as a dependant of a 4
worker; or 5
(ii) the application is or has been the subject of a review or 6
appeal under chapter 13 and the application has not been 7
decided in or following the review or appeal; 8
(b) an application for compensation mentioned in paragraph (a) has 9
not been made and the insurer decides that-- 10
(i) the claimant was a dependant of the worker; and 11
(ii) the deceased was a worker when the event happened; and 12
(iii) the worker sustained an injury in the event; and 13
(iv) the injury caused the worker's death. 14
(2) The insurer must make a decision for the purpose of 15
subsection (1)(b) within 3 months after-- 16
(a) the claimant gives, or is taken to have given, a complying notice 17
of claim; or 18
(b) the claimant gives a notice of claim for which the insurer waives 19
compliance with the requirements of section 275, with or without 20
conditions; or 21
(c) a court makes a declaration under section 297. 22
(3) If the insurer is WorkCover, WorkCover must notify the claimant and 23
the worker's employer of a decision it makes for the purpose of 24
subsection (1)(b). 25
(4) If the insurer decides that-- 26
(a) the claimant was not a dependant of the worker; or 27
(b) the deceased was not a worker when the event happened; or 28
(c) the worker did not sustain an injury resulting from the event; or 29
(d) the injury did not cause the worker's death; 30
the notification must include written reasons for the decision. 31
149 Chapter 3 (Compensation), part 11 (Compensation on worker's death)
s 263 163 s 263
Workers' Compensation and Rehabilitation Bill 2003
(5) If the insurer does not make a decision for the purpose of 1
subsection (1)(b) within the time mentioned in subsection (2), the claimant 2
may have the failure to make a decision reviewed under chapter 13. 3
(6) A person aggrieved by a decision made by the insurer for the purpose 4
of subsection (1)(b) may have the decision reviewed under chapter 13. 5
263 Need for urgent proceedings 6
(1) This section applies in relation to an urgent need for the claimant to 7
start a proceeding for damages for the injury. 8
(2) Section 276150 provides a way for the claimant to satisfy 9
section 302(1)(a)(ii).151 10
(3) Also, the claimant may, under section 298,152 seek leave to start a 11
proceeding for damages for the injury without complying with 12
section 295.153 13
(4) However, if the leave mentioned in subsection (3) is given, for a 14
claimant mentioned in section 262(1)(a)(i), the proceeding started by leave 15
is stayed until the claimant complies with section 295. 16
(5) Also, if the claimant is a claimant mentioned in section 262(1)(a)(ii) 17
or (b), the proceeding is stayed until-- 18
(a) the insurer decides that-- 19
(i) the claimant was a dependant of the worker; and 20
(ii) the deceased was a worker when the event happened; and 21
(iii) the worker sustained an injury from the event; and 22
(iv) the injury caused the worker's death; and 23
(b) any review or appeal under chapter 13 ends; and 24
(c) the claimant complies with section 295. 25
150 Section 276 (Noncompliance with s 275 and urgent proceedings)
151 Section 302 (Alteration of period of limitation)
152 Section 298 (Court to have given leave despite noncompliance)
153 Section 295 (Compliance necessary before starting proceeding)
s 264 164 s 266
Workers' Compensation and Rehabilitation Bill 2003
264 When proceedings must be discontinued 1
(1) This section applies to a proceeding mentioned in section 263(5). 2
(2) The claimant must discontinue the proceeding if it is decided by the 3
insurer, or on review or appeal under chapter 13, that-- 4
(a) the claimant was not a dependant of the worker; or 5
(b) the deceased was not a worker when the event happened; or 6
(c) the worker did not sustain an injury from the event; or 7
(d) the injury did not cause the worker's death. 8
Division 8--Review of worker's decision to accept payment of lump sum 9
compensation for injury--WRI less than 20% or no WRI 10
265 Application of div 8 11
This division applies if-- 12
(a) a worker has elected, under section 189,154 to accept payment of 13
lump sum compensation for an injury; and 14
(b) the worker has been assessed under chapter 3, part 10 as having 15
sustained a degree of permanent impairment that-- 16
(i) results in a WRI of the worker of less than 20%; or 17
(ii) does not result in any WRI of the worker. 18
266 Decision not to seek damages reviewable in certain circumstances 19
(1) The worker may ask the insurer to consider fresh medical evidence 20
about the worker's injury but only-- 21
(a) to satisfy the insurer of the matters mentioned in subsection (7) 22
for the purpose of seeking damages for the injury; and 23
(b) within the period of limitation for bringing a proceeding for 24
damages for personal injury under the Limitation of Actions Act 25
1974. 26
154 Section 189 (Worker's decision about lump sum compensation--WRI less than 20%
or no WRI)
s 266 165 s 266
Workers' Compensation and Rehabilitation Bill 2003
(2) The insurer is required to consider the medical evidence only if the 1
worker satisfies the insurer that-- 2
(a) when the worker's degree of permanent impairment was assessed 3
under section 179,155 there was no reason to believe that there 4
would be a material deterioration of the worker's injury; and 5
(b) the further material deterioration is a deterioration of the injury 6
for which the worker was assessed and accepted payment of 7
lump sum compensation under section 189; and 8
(c) the medical evidence-- 9
(i) was not available when the worker's permanent impairment 10
was previously assessed or when the worker made the 11
election not to seek damages; and 12
(ii) establishes there has been a further material deterioration of 13
the worker's injury that would have entitled the worker to an 14
additional WRI of 10% or more. 15
(3) If the insurer rejects the evidence, the insurer must refer the evidence 16
to a review panel for review. 17
(4) The review panel must consider the medical evidence produced by 18
the worker and may accept or reject the evidence. 19
(5) A decision of the review panel is final and may not be appealed 20
against. 21
(6) If the insurer or the review panel accepts the medical evidence, the 22
insurer must refer the question of degree of permanent impairment to an 23
appropriate medical assessment tribunal for decision. 24
(7) The worker may seek damages for the injury if the insurer is satisfied 25
that-- 26
(a) the worker's further material deterioration is an additional WRI 27
of 10% or more; and 28
(b) the deterioration is a deterioration of the injury for which the 29
worker has accepted payment of lump sum compensation; and 30
(c) the deterioration does not arise from combining a psychiatric or 31
psychological injury with another injury; and 32
155 Section 179 (Assessment of permanent impairment)
s 267 166 s 268
Workers' Compensation and Rehabilitation Bill 2003
(d) the additional WRI, when added to the worker's WRI as 1
previously calculated by the insurer under section 183,156 results 2
in a WRI of the worker of 20% or more. 3
(8) In this section-- 4
"review panel" means a panel consisting of the chairperson or deputy 5
chairperson of the General Medical Assessment Tribunal and a 6
member of an appropriate medical assessment tribunal. 7
PART 3--MITIGATION OF LOSS AND 8
REHABILITATION 9
267 Mitigation of loss 10
(1) The common law duty of mitigation of loss applies to all workers in 11
relation to claims or proceedings for damages. 12
(2) The worker must satisfactorily participate in rehabilitation. 13
(3) The worker's duty mentioned in this section is in addition to any duty 14
the worker may have under section 231.157 15
268 Provision of rehabilitation 16
(1) An insurer may make rehabilitation available to a worker on the 17
insurer's own initiative or if the worker asks. 18
(2) If the insurer makes rehabilitation available to a worker before 19
admitting or denying liability for damages, the insurer must not be taken, 20
only for that reason, to have admitted liability. 21
(3) If-- 22
(a) liability has been admitted for damages; or 23
(b) the insurer has agreed to fund rehabilitation without making an 24
admission of liability; 25
156 Section 183 (Calculation of WRI)
157 Section 231 (Worker must mitigate loss)
s 269 167 s 269
Workers' Compensation and Rehabilitation Bill 2003
the insurer must, if the worker asks, ensure that reasonable and appropriate 1
rehabilitation is made available to the worker. 2
(4) The worker may, if not satisfied that the rehabilitation is reasonable 3
and appropriate, apply to the insurer to appoint a mediator to help resolve 4
the questions between the worker and the insurer. 5
(5) An application for appointment of a mediator under subsection (4) 6
must-- 7
(a) be made in writing; and 8
(b) give details of any attempts made by the applicant to resolve the 9
matter in dispute. 10
(6) The fees and expenses of the mediator are to be paid as agreed 11
between the parties or, in the absence of agreement, by the parties in equal 12
proportions. 13
(7) The insurer must make rehabilitation available to the worker, and the 14
worker must satisfactorily participate in the rehabilitation, in sufficient time 15
to enable the insurer and the worker to comply with parts 5, 6 and 7.158 16
269 Costs of rehabilitation 17
(1) If an insurer intends to ask a court to take the cost of rehabilitation 18
into account in the assessment of damages payable to a worker, the insurer 19
must, before providing the rehabilitation, give the worker a written 20
statement estimating the cost of the rehabilitation. 21
(2) The insurer must bear, or reimburse, the cost of providing the 22
rehabilitation, unless the insurer's liability for the cost is reduced-- 23
(a) by agreement with the worker; or 24
(b) by order of the court. 25
(3) The cost to the insurer of providing the rehabilitation is to be taken 26
into account in the assessment of damages on the claim if, and only if, the 27
insurer gave the statement mentioned in subsection (1). 28
(4) The following applies if the cost of rehabilitation is to be taken into 29
account in the assessment of damages-- 30
158 Parts 5 (Pre-court procedures), 6 (Settlement of claims) and 7 (Start of court
proceedings)
s 270 168 s 270
Workers' Compensation and Rehabilitation Bill 2003
(a) the damages are first assessed, without reduction for contributory 1
negligence, on the assumption that the worker has incurred the 2
cost of the rehabilitation; 3
(b) then, any reduction of the damages assessed, on account of 4
contributory negligence, is made; 5
(c) then, the total cost of rehabilitation is set-off against the amount 6
assessed under paragraph (b). 7
8
Example--
9
Suppose that responsibility for an injury is apportioned equally between the worker and
10
the insurer. Damages (exclusive of the cost of rehabilitation) before apportionment are
11
fixed at $100 000. The insurer has spent $5 000 on rehabilitation. In this case, the
12
worker's damages will be assessed under paragraph (a) at $105 000 (that is, as if the
13
worker had incurred the $5 000 rehabilitation expense) and reduced to $52 500 under
14
paragraph (b), and the $5 000 spent by the insurer on rehabilitation will be set off
15
against this amount, resulting in a final award of $47 500.
(5) If an insurer is induced by a worker's fraud to provide rehabilitation 16
to the worker-- 17
(a) if the insurer is WorkCover--WorkCover may recover the cost of 18
providing the rehabilitation, as a debt, from the worker; or 19
(b) if the insurer is a self-insurer--the Authority may recover, on 20
behalf of the self-insurer, the cost of providing the rehabilitation, 21
as a debt, from the worker. 22
PART 4--REDUCTION OF RECOVERABLE DAMAGES 23
270 When damages are to be reduced 24
(1) The amount of damages that an employer is legally liable to pay to a 25
claimant for an injury must be reduced by the total amount paid or payable 26
by an insurer by way of compensation for the injury. 27
s 271 169 s 272
Workers' Compensation and Rehabilitation Bill 2003
(2) However, the amount of damages must not be reduced by an amount 1
paid under section 193.159 2
(3) This section does not limit the reduction of the amount of the 3
damages by any other amount that the insurer or the claimant is legally 4
liable to pay on account of the worker under another law. 5
271 Assessment by court of total liability for damages 6
(1) This section applies if-- 7
(a) damages are awarded for an injury; or 8
(b) damages are to be paid in settlement of a claim for an injury. 9
(2) To establish the reduction under section 270(1) in damages for 10
compensation paid, the claimant or insurer may apply to-- 11
(a) the court in which the proceeding is brought; or 12
(b) if a proceeding has not been started--the Industrial Magistrates 13
Court. 14
(3) The court's decision is binding on the insurer and all persons entitled 15
to payment by the insurer for the injury. 16
272 Insurer's charge on damages for compensation paid 17
(1) This section applies to-- 18
(a) an injury sustained by a worker in circumstances creating-- 19
(i) an entitlement to compensation; and 20
(ii) a legal liability in the worker's employer, or other person, to 21
pay damages for the injury, independently of this Act; and 22
(b) damages that an employer is not indemnified against under this 23
Act. 24
(2) An amount paid as compensation to a person for an injury, to which 25
there is an entitlement to payment of damages at a time or for a period 26
before the person becomes entitled to payment of damages by an employer 27
or another person, is a first charge on any amount of damages recovered by 28
the person to the extent of the amount paid as compensation to the person. 29
159 Section 193 (Additional lump sum compensation for gratuitous care)
s 272 170 s 272
Workers' Compensation and Rehabilitation Bill 2003
(3) An employer or other person from whom the damages are 1
recoverable must pay the insurer the amount of the first charge or, if the 2
damages are not more than the amount of the first charge, the whole of the 3
damages. 4
(4) Payment to the insurer under subsection (3), to the extent of the 5
payment, satisfies the liability of the employer or other person for payment 6
of the damages. 7
(5) A person can not settle, for a sum less than the amount that is a first 8
charge on damages under subsection (2), a claim for damages had by the 9
person independently of this Act for an injury to which there is an 10
entitlement to payment of damages without the insurer's written consent. 11
(6) If, without the insurer's consent, a settlement mentioned in 12
subsection (5) is made, then to the extent that the damages recovered are 13
insufficient to meet all payments due to the insurer under this section-- 14
(a) the insurer is entitled to be indemnified by the employer or other 15
person who is required by the settlement to pay the damages; and 16
(b) to that end, the insurer is subrogated to the rights of the person 17
who has sought the damages, as if the settlement had not been 18
made. 19
(7) If a person who has received compensation has not recovered, or 20
taken proceedings to recover, damages for the injury from another person, 21
other than the worker's employer-- 22
(a) the insurer is entitled to be indemnified for the amount of the 23
compensation by the other person to the extent of that person's 24
liability for the damages, so far as the amount of damages 25
payable for the injury by that person extends; and 26
(b) to that end, the insurer is subrogated to the rights of the person 27
for the injury. 28
(8) Payment made as indemnity under subsection (7), to the extent of the 29
payment, satisfies the person's liability on a judgment for damages for the 30
injury. 31
(9) In addition to all rights of action had by the insurer to give effect to 32
its right to indemnity under this section, all questions about the right and 33
the amount of the indemnity may, in default of agreement, be decided by 34
an industrial magistrate if all persons affected by the indemnity consent. 35
(10) In this section-- 36
s 273 171 s 275
Workers' Compensation and Rehabilitation Bill 2003
"damages" includes damages under a legal liability existing independently 1
of this Act, whether or not within the meaning of section 10. 2
PART 5--PRE-COURT PROCEDURES 3
273 Object of pt 5 4
The object of this part is to facilitate the just and expeditious resolution 5
of the real issues in a claim for damages at a minimum of expense. 6
274 Overriding obligations of parties 7
(1) In accordance with the object of this part, this part is to be applied by 8
the parties to avoid undue delay, expense and technicality and to facilitate 9
the object. 10
(2) A party impliedly undertakes to other parties to proceed in an 11
expeditious way. 12
(3) A court may impose appropriate sanctions if a party does not comply 13
with a provision of this part.160 14
275 Notice of claim for damages 15
(1) Before starting a proceeding in a court for damages, a claimant must 16
give notice under this section within the period of limitation for bringing a 17
proceeding for the damages under the Limitation of Actions Act 1974. 18
(2) The claimant must-- 19
(a) give the notice of claim in the approved form to the insurer at the 20
insurer's registered office; and 21
(b) if the worker's employer is not a self-insurer, give a copy of the 22
notice of claim to the worker's employer. 23
(3) The notice must include the particulars prescribed under a regulation. 24
(4) The claimant must state in the notice-- 25
160 See section 287 (Court's power to enforce compliance with chapter).
s 275 172 s 275
Workers' Compensation and Rehabilitation Bill 2003
(a) whether, and to what extent, liability expressed as a percentage is 1
admitted for the injury; or 2
(b) a statement of the reasons why the claimant can not admit 3
liability. 4
(5) Any statement made by the claimant in the notice that is in the 5
claimant's personal knowledge must be verified by statutory declaration. 6
(6) The notice must be accompanied by a genuine offer of settlement or 7
a statement of the reasons why an offer of settlement can not yet be made. 8
(7) The notice must be accompanied by the claimant's written authority 9
allowing the insurer to obtain information, including copies of documents 10
relevant to the claim, and in the possession of-- 11
(a) a hospital; or 12
(b) the ambulance service of the State or another State; or 13
(c) a doctor, provider of treatment or rehabilitation services or 14
person qualified to assess cognitive, functional or vocational 15
capacity; or 16
(d) the employer or a previous employer; or 17
(e) persons that carry on the business of providing workers' 18
compensation insurance, compulsory third party insurance, 19
personal accident or illness insurance, insurance against loss of 20
income through disability, superannuation funds or any other 21
type of insurance; or 22
(f) a department, agency or instrumentality of the Commonwealth or 23
the State; or 24
(g) a solicitor, other than where giving the information or documents 25
would breach legal professional privilege. 26
(8) The notice must also be accompanied by copies of all documents 27
supporting the claim including, but not limited to-- 28
(a) hospital, medical and other reports relating to the injury 29
sustained by the worker, other than reports obtained by or on 30
behalf of the insurer; and 31
(b) income tax returns, group certificates and other documents for 32
the 3 years immediately before the injury supporting the 33
claimant's claim for lost earnings or diminution of 34
income-earning capacity; and 35
s 276 173 s 276
Workers' Compensation and Rehabilitation Bill 2003
(c) invoices, accounts, receipts and other documents evidencing the 1
claimant's claim for out-of-pocket expenses. 2
276 Noncompliance with s 275 and urgent proceedings 3
(1) The purpose of this section is to enable a claimant to avoid the need 4
to bring an application under section 298. 5
(2) Without limiting section 297 or 298,161 if the claimant alleges an 6
urgent need162 to start a proceeding for damages despite noncompliance 7
with section 275, the claimant must, in the claimant's notice of claim-- 8
(a) state the reasons for the urgency and the need to start the 9
proceeding; and 10
(b) ask the insurer to waive compliance with the requirements of 11
section 275. 12
(3) The claimant's lawyer may sign the notice of claim on the claimant's 13
behalf if it is not reasonably practicable for the claimant to do so. 14
(4) The claimant's notice of claim may be given by fax in the way 15
provided for under a regulation. 16
(5) The insurer must, before the end of 3 business days after receiving 17
the notice of claim, advise the claimant that the insurer agrees or does not 18
agree that there is an urgent need to start a proceeding for damages. 19
(6) If the insurer agrees that there is an urgent need to start a proceeding 20
for damages, the insurer may, in the advice to the claimant under 21
subsection (5), impose the conditions the insurer considers necessary or 22
appropriate to satisfy the insurer to waive compliance under 23
section 278(2)(b). 24
(7) The claimant must comply with the conditions within a reasonable 25
time that is agreed between the insurer and the claimant. 26
(8) The claimant's agreement to comply with the conditions is taken to 27
satisfy section 302(1)(a)(ii).163 28
161 Section 297 (Court to have made declaration about noncompliance) or 298 (Court to
have given leave despite noncompliance)
162 See sections 243, 247, 251, 255, 259 and 263.
163 Section 302 (Alteration of period of limitation)
s 277 174 s 278
Workers' Compensation and Rehabilitation Bill 2003
277 Claimant to tell insurer of change to information in notice of 1
claim 2
(1) The claimant must give the insurer written notice of any significant 3
change in relation to the information given in the notice of claim. 4
(2) The notice must also state the date of, and reasons for, the change in 5
the information. 6
278 Response to notice of claim 7
(1) This section applies if a notice of claim is given to an insurer. 8
(2) The insurer must, within 14 days after receiving the notice, give the 9
claimant written notice-- 10
(a) stating whether the insurer is satisfied that the notice of claim is a 11
complying notice of claim; and 12
(b) if there is an urgent need to start a proceeding--stating that the 13
insurer is only willing to waive compliance with the 14
requirements if the claimant agrees to satisfy conditions imposed 15
by the insurer under section 276; and 16
(c) if the insurer is not so satisfied--identifying the noncompliance 17
and stating whether the insurer waives compliance with the 18
requirements; and 19
(d) if the insurer does not waive compliance with the 20
requirements--allowing the claimant a reasonable period of at 21
least 14 days either to satisfy the insurer that the claimant has 22
complied with the requirements or to take reasonable action to 23
remedy the noncompliance; and 24
(e) stating whether the insurer is prepared, without admitting 25
liability on the claim, to meet the cost of the claimant's 26
reasonable and appropriate rehabilitation. 27
(3) If the insurer is not prepared to waive compliance with the 28
requirements in the first instance, the insurer must, within 14 days after the 29
end of the period specified in subsection (2)(c), give the claimant written 30
notice stating that-- 31
(a) the insurer-- 32
(i) is satisfied the claimant has complied with the relevant 33
requirements; or 34
s 279 175 s 279
Workers' Compensation and Rehabilitation Bill 2003
(ii) is satisfied with the action taken by the claimant to remedy 1
the noncompliance; or 2
(iii) waives the noncompliance; or 3
(b) the insurer is not satisfied that the claimant has taken reasonable 4
action to remedy the noncompliance, with full particulars of the 5
noncompliance and the claimant's failure to remedy it. 6
(4) If the insurer does not give the written notice mentioned in 7
subsection (2) within 14 days after receiving the notice of claim, the notice 8
of claim is taken to be a complying notice of claim. 9
(5) The insurer must, within 7 days after receiving a complying notice of 10
claim or waiving noncompliance with the requirements of section 275, 11
advise the employer or employers against whom negligence is alleged. 12
279 Claimant and insurer to cooperate 13
(1) A claimant and an insurer must cooperate in relation to a claim, in 14
particular by-- 15
(a) giving each other copies of relevant documents about-- 16
(i) the circumstances of the event resulting in the injury; or 17
(ii) the worker's injury; or 18
(iii) the worker's prospects of rehabilitation; and 19
(b) giving information reasonably requested by the other party 20
about-- 21
(i) the circumstances of the event resulting in the injury; and 22
(ii) the nature of the injury and of any impairment or financial 23
loss resulting from the injury; and 24
(iii) if applicable--the medical treatment and rehabilitation the 25
worker has sought from, or been provided with, by the 26
worker's employer or the insurer; and 27
(iv) the worker's medical history, as far as it is relevant to the 28
claim; and 29
(v) any applications for compensation made by the claimant or 30
worker for any injury resulting from the same event. 31
(2) Subsection (1)(a) applies to relevant documents that-- 32
s 280 176 s 280
Workers' Compensation and Rehabilitation Bill 2003
(a) are in the possession of the claimant or the insurer; or 1
(b) are reasonably required by WorkCover from the worker's 2
employer under section 280. 3
(3) The insurer must-- 4
(a) give the claimant copies of the relevant documents-- 5
(i) within 30 days after the claimant gives the insurer a notice 6
of claim; or 7
(ii) if the relevant documents come into the insurer's possession 8
later--within 30 days after they come into the insurer's 9
possession; and 10
(b) respond to a request from the claimant under subsection (1)(b) 11
within 30 days after receiving it. 12
(4) The claimant must respond to a request from the insurer under 13
subsection (1)(b) within 30 days after receiving it. 14
(5) This section is subject to section 284.164 15
(6) In this section-- 16
"relevant documents" means reports and other documentary material, 17
including written statements made by the claimant, the worker's 18
employer, or by witnesses. 19
280 Employer to cooperate with WorkCover 20
(1) An employer against whom negligence is alleged in connection with 21
a claim must cooperate fully with and give WorkCover all information and 22
access to documents in relation to the claim that WorkCover reasonably 23
requires. 24
(2) WorkCover may recover from the employer as a debt in the 25
Industrial Magistrates Court-- 26
(a) any additional costs reasonably incurred in connection with the 27
claim as a direct result of the employer's noncompliance with 28
subsection (1); and 29
(b) to the extent that WorkCover's interests in connection with the 30
claim have been prejudiced as a direct result of the employer's 31
164 Section 284 (Non-disclosure of certain material)
s 281 177 s 281
Workers' Compensation and Rehabilitation Bill 2003
noncompliance with subsection (1)--an amount reflecting the 1
extent of WorkCover's prejudice. 2
281 Claimant and insurer to attempt to resolve claim 3
(1) The claimant and the insurer must endeavour to resolve a claim as 4
quickly as possible. 5
(2) The insurer must give the claimant a written notice under 6
subsection (4) within 6 months after-- 7
(a) the insurer receives a complying notice of claim or waives the 8
claimant's noncompliance with the requirements of 9
section 275;165 or 10
(b) the court makes an order under section 297;166 or 11
(c) the court makes an order under section 298.167 12
(3) For subsection (2), for a worker with a terminal condition, the insurer 13
must give the claimant the written notice within 3 months. 14
(4) The written notice must-- 15
(a) state whether liability in connection with the event to which the 16
claim relates is admitted or denied and-- 17
(i) if liability is admitted-- 18
(A) state whether contributory liability is claimed from the 19
worker or another party; and 20
(B) state the extent, expressed as a percentage, to which 21
liability is admitted; and 22
(ii) if liability is denied, completely or partly--give particulars 23
of the basis on which liability is denied; and 24
(b) state whether the insurer accepts or rejects any offer of settlement 25
that may be made by the claimant; and 26
(c) if the claimant did not make an offer of settlement in the notice of 27
claim or the insurer is rejecting the offer--contain a genuine 28
offer or counter-offer of settlement, or a statement of the reasons 29
165 Section 275 (Notice of claim for damages)
166 Section 297 (Court to have made declaration about noncompliance)
167 Section 298 (Court to have given leave despite noncompliance)
s 281 178 s 281
Workers' Compensation and Rehabilitation Bill 2003
why an offer or counter-offer of settlement can not yet be made; 1
and 2
(d) be accompanied by copies of all medical reports, assessments of 3
cognitive, functional or vocational capacity, or other material in 4
the insurer's possession not previously given to the claimant that 5
may help the claimant to make a proper assessment of the offer. 6
(5) If the insurer is WorkCover, WorkCover must also, within 7 days 7
after giving the claimant the written notice, give a copy of the notice to the 8
worker's employer. 9
(6) The insurer or the claimant to whom a written offer or counter-offer 10
of settlement is made must respond in writing to the offer within 14 days 11
after receiving it, indicating acceptance or rejection of the offer, unless a 12
response to the offer is to be made under subsection (4)(b). 13
(7) The offer or counter-offer of settlement is made on a without 14
prejudice basis and must not be disclosed to a court except on the issue of 15
costs. 16
(8) An admission of liability by an insurer under this section-- 17
(a) is not binding on the insurer at all if it is later shown at the trial in 18
the proceeding for damages that the claimant has been relevantly 19
guilty of fraud or attempted fraud; and 20
(b) is not binding on the insurer at all if it is later shown that liability 21
was admitted because of misrepresentation by any person; and 22
(c) is not an admission about the nature and extent of the claimant's 23
loss or damage or that the claimant has sustained loss or damage, 24
unless it specifically states otherwise; and 25
(d) does not entitle the claimant to apply for judgment, summary or 26
otherwise, in a court of competent jurisdiction; and 27
(e) is confined to damages under the claim. 28
(9) In calculating the period of 6 months mentioned in subsection (2), 29
any period during which a decision of the insurer relevant to the claim is 30
subject to a review or appeal is not counted. 31
(10) In this section-- 32
"decision", for subsection (9), includes failure to make a decision. 33
"review or appeal" means a review or appeal under chapter 13 that has 34
been started. 35
s 282 179 s 283
Workers' Compensation and Rehabilitation Bill 2003
282 Worker to undergo medical examination 1
(1) The insurer may, at any time, ask the worker to undergo, at the 2
insurer's expense-- 3
(a) a medical examination by a doctor to be selected by the worker 4
from a panel of at least 3 doctors nominated in the request; or 5
(b) an assessment of cognitive, functional or vocational capacity by a 6
registered person to be selected by the worker from a panel of at 7
least 3 persons with appropriate qualifications and experience 8
nominated in the request. 9
(2) The worker must comply with the request unless it would be 10
unreasonable or unnecessarily repetitious. 11
(3) If 3 doctors or persons with appropriate qualifications and experience 12
are not available for inclusion on a panel, the number on the panel may be 13
reduced to 2. 14
283 Joint expert reports 15
(1) An insurer and a claimant may jointly arrange for an expert report 16
about-- 17
(a) the event or events giving rise to the claim; or 18
(b) the worker's medical condition; or 19
(c) the worker's capacity to undertake specific rehabilitation 20
programs; or 21
(d) the worker's capacity to undertake further work and earn income; 22
or 23
(e) any other matter about the claim. 24
(2) Neither party is under an obligation to agree to a proposal to obtain a 25
report. 26
(3) The person preparing the report must be a person agreed to by both 27
parties and have appropriate qualifications and experience in the relevant 28
field. 29
(4) The person preparing the report must give both parties a copy of the 30
report. 31
s 284 180 s 285
Workers' Compensation and Rehabilitation Bill 2003
(5) The cost of obtaining a report is to be paid by the parties in 1
proportions agreed to in writing between them or, in default of agreement, 2
in equal proportions. 3
(6) This section does not prevent a party from obtaining a report other 4
than under this section. 5
284 Non-disclosure of certain material 6
(1) A party is not obliged to disclose information or a document if the 7
information or document is protected by legal professional privilege. 8
(2) However, investigative reports, medical reports and reports relevant 9
to the worker's rehabilitation must be disclosed even though otherwise 10
protected by legal professional privilege. 11
(3) If an insurer has reasonable grounds to suspect a claimant of fraud, 12
the insurer may withhold from disclosure information, or omit a document 13
or a passage from a document, that-- 14
(a) would alert the claimant to the suspicion; or 15
(b) could help further the fraud; or 16
(c) the insurer believes would meet the requirements of the Freedom 17
of Information Act 1992, part 3, division 2.168 18
(4) Subsection (3) applies even if the information or document would, if 19
the subsection did not apply, have to be disclosed under subsection (2). 20
(5) Also, WorkCover or an employer is not obliged to disclose the 21
estimate of damages calculated by WorkCover for the purpose of premium 22
setting under chapter 2, part 3.169 23
285 Consequence of failure to give information 24
(1) This section applies if a party fails to comply with a provision of this 25
chapter requiring the party to disclose a document to the other party. 26
168 Freedom of Information Act 1992, part 3 (Access to documents), division 2 (Exempt
matter)
169 Chapter 2 (Employer's obligations) part 3 (Insurance under WorkCover policies
generally)
s 286 181 s 289
Workers' Compensation and Rehabilitation Bill 2003
(2) The document can not be used by the party in a subsequent court 1
proceeding for the claim, or the deciding of the claim, unless the court 2
orders otherwise. 3
(3) If the document comes to the other party's knowledge, the document 4
may be used by the other party. 5
286 Privilege and duties 6
Subject to this Act, information and documents disclosed under this 7
chapter are protected by the same privileges, and are subject to the same 8
duties, as if disclosed in a proceeding before the Supreme Court. 9
287 Court's power to enforce compliance with chapter 10
If a party fails to comply with a provision of this chapter, a court may 11
order the party to comply with the provision, and may make consequential 12
or ancillary orders that may be necessary or desirable in the circumstances 13
of the case. 14
PART 6--SETTLEMENT OF CLAIMS 15
Division 1--Compulsory conference 16
288 Application of div 1 17
This division does not apply to a claim that is otherwise settled by 18
negotiation between the parties. 19
289 Compulsory conference 20
(1) Before the claimant starts a proceeding for damages, there must be a 21
conference of the parties (the "compulsory conference"). 22
(2) Either party may call the compulsory conference. 23
s 290 182 s 290
Workers' Compensation and Rehabilitation Bill 2003
(3) The compulsory conference must be held within 3 months after the 1
insurer gives the claimant a written notice under section 281.170 2
(4) However, if the parties agree, the conference may be held at a later 3
date. 4
(5) If the insurer is WorkCover, WorkCover must advise the worker's 5
employer of the time and place of the compulsory conference. 6
(6) On application by a party, the court-- 7
(a) may-- 8
(i) fix the time and place for the compulsory conference; or 9
(ii) dispense with the compulsory conference for good reason; 10
and 11
(b) may make any other orders the court considers appropriate. 12
(7) In considering whether to dispense with the compulsory conference, 13
the court must take into account the extent of compliance by the parties 14
with their respective obligations in relation to the claim. 15
(8) The claimant in person and a person authorised to settle on the 16
insurer's behalf must attend the conference and actively participate in an 17
attempt to settle the claim, unless the claimant or person has a reasonable 18
excuse. 19
(9) If it would be unreasonable for all parties to attend at the same place, 20
for example, because of distance or illness, the conference may be 21
conducted by telephone conferencing, video conferencing or another form 22
of communication that allows reasonably contemporaneous and continuous 23
communication between the parties. 24
290 Procedure at conference 25
(1) The compulsory conference may be held with a mediator if both 26
parties agree. 27
(2) An agreement that the compulsory conference is to be held with a 28
mediator must specify how the costs of the mediation are to be borne. 29
(3) The mediator must be a person independent of the parties-- 30
(a) agreed to by the parties; or 31
170 Section 281 (Claimant and insurer to attempt to resolve claim)
s 290 183 s 290
Workers' Compensation and Rehabilitation Bill 2003
(b) nominated by the registrar of the court on application under 1
subsection (4). 2
(4) If the parties are unable to agree on the appointment of a mediator 3
within 30 days after the date for the compulsory conference is fixed, either 4
party may apply to the registrar of the court for the nomination of a 5
mediator. 6
(5) At least 7 days before the compulsory conference is to be held, each 7
party must give the other party-- 8
(a) copies of all documents not yet given to the other party that are 9
relevant and required to be given for the claim; and 10
(b) a statement verifying that all relevant documents in the 11
possession of the party or the party's lawyer have been given as 12
required; and 13
(c) details of the party's legal representation; and 14
(d) if the party has legal representation--a certificate (a "certificate 15
of readiness") signed by the party's lawyer to the effect that the 16
party is ready for the conference. 17
(6) A certificate of readiness must state that-- 18
(a) the party is completely ready for the conference; and 19
(b) all investigative material required for the conference has been 20
obtained, including witness statements from persons, other than 21
expert witnesses; and 22
(c) medical or other expert reports have been obtained from all 23
persons the party proposes to rely on as expert witnesses at the 24
conference; and 25
(d) the party has complied fully with the party's obligations to give 26
the other party material that is relevant and required to be given 27
for the claim; and 28
(e) the party's lawyer has given the party a statement (a "financial 29
statement") containing the information required under 30
subsection (7). 31
(7) A financial statement must state-- 32
(a) details of the legal costs payable by the party to the party's 33
lawyer up to the completion of the conference; and 34
s 291 184 s 292
Workers' Compensation and Rehabilitation Bill 2003
(b) an estimate of the party's likely legal costs and net damages if the 1
claim proceeds to trial and is decided by the court; and 2
(c) an estimate of the party's likely legal costs and net damages if the 3
claim is settled without proceeding to trial; and 4
(d) the consequences to the party, in terms of costs, in each of the 5
following cases if the claim proceeds to trial and is decided by 6
the court-- 7
(i) the amount of the damages awarded by the court is equal to, 8
or more than, the claimant's written final offer; 9
(ii) the amount of the damages awarded by the court is less than 10
the claimant's written final offer but equal to, or more than, 11
the insurer's written final offer; 12
(iii) the amount of the damages awarded by the court is equal to, 13
or less than, the insurer's written final offer. 14
(8) If the insurer is WorkCover, WorkCover must give a copy of the 15
certificates of readiness and WorkCover's costs statement to the worker's 16
employer at least 7 days before the compulsory conference. 17
291 Information to be given by party's lawyer before other type of 18
settlement attempted 19
Before settlement of a claim is attempted in a way other than by a 20
compulsory conference, each party's lawyer must give the party a 21
statement (also a "financial statement") containing the information 22
mentioned in section 290(7). 23
292 Parties to make written final offer if claim not settled at 24
compulsory conference 25
(1) If the claim is not settled at a conference, each party must make a 26
written final offer at the conference. 27
(2) The final offer must remain open for 14 days and proceedings must 28
not be started while the offer remains open. 29
(3) If the claimant brings a proceeding in a court for the claim, the 30
claimant must, at the start of the proceeding, file at the court a sealed 31
envelope containing a copy of the claimant's offer. 32
s 293 185 s 295
Workers' Compensation and Rehabilitation Bill 2003
(4) The insurer must, after being served with the legal process that starts 1
the proceeding, file at the court a sealed envelope containing a copy of the 2
insurer's offer. 3
(5) The court must not read the offers until it has decided the claim. 4
(6) However, the court must have regard to the offers in making a 5
decision about costs. 6
Division 2--Settlement before court proceedings 7
293 Settlement of claim for damages 8
If a claim is settled before the start of a court proceeding, the parties to 9
the settlement must sign a discharge for the claim. 10
PART 7--START OF COURT PROCEEDINGS 11
Division 1--When claimant can start court proceedings 12
294 Application of div 1 13
This division states the conditions that must be satisfied before a 14
claimant can start a court proceeding. 15
295 Compliance necessary before starting proceeding 16
The claimant may start a proceeding in a court for damages only if the 17
claimant has complied with-- 18
(a) the relevant division under part 2,171 to the extent the division 19
imposes a requirement on the person; and 20
171 Part 2 (Entitlement conditions)
s 296 186 s 297
Workers' Compensation and Rehabilitation Bill 2003
(b) part 5, other than as provided by sections 297 and 298;172 and 1
(c) part 6;173 and 2
(d) section 296. 3
296 Claimant to have given complying notice of claim or insurer to 4
have waived compliance 5
The claimant may start the proceeding if any of the following have 6
happened-- 7
(a) at least 6 months or, for a terminal condition, 3 months have 8
elapsed after-- 9
(i) the claimant has given, or is taken to have given, a 10
complying notice of claim; or 11
(ii) the insurer has waived the claimant's noncompliance with 12
the requirements of section 275 with or without conditions; 13
or 14
(iii) the court has made an order under section 297 or 298; 15
(b) the insurer has admitted liability, but is claiming contributory 16
liability from the claimant or another party, and the claimant has 17
given the insurer written notice that the extent of the admission is 18
disputed; 19
(c) the insurer has admitted liability but damages can not be agreed. 20
297 Court to have made declaration about noncompliance 21
(1) Subject to section 296, the claimant may start the proceeding if the
174
22
court, on application by the claimant dissatisfied with the insurer's 23
response under section 278175 to a notice of claim, declares that-- 24
172 Part 5, (Pre-court procedures) (other than as provided by sections 297 (Court to have
made declaration about noncompliance) and 298 (Court to have given leave despite
noncompliance))
173 Part 6 (Settlement of claims)
174 Section 296 (Claimant to have given complying notice of claim or insurer to have
waived compliance)
175 Section 278 (Response to notice of claim)
s 298 187 s 300
Workers' Compensation and Rehabilitation Bill 2003
(a) notice of claim has been given under section 275;176 or 1
(b) the claimant is taken to have remedied noncompliance with the 2
requirements of section 275. 3
(2) A declaration that a claimant is taken to have remedied 4
noncompliance with section 275 may be made on conditions the court 5
considers necessary or appropriate to minimise prejudice to the insurer 6
from the claimant's failure to comply with the requirements of section 275. 7
298 Court to have given leave despite noncompliance 8
(1) Subject to section 296, the claimant may start the proceeding if the 9
court, on application by the claimant, gives leave to bring the proceeding 10
despite noncompliance with the requirements of section 275. 11
(2) The order giving leave to bring the proceeding may be made on 12
conditions the court considers necessary or appropriate to minimise 13
prejudice to the insurer from the claimant's failure to comply with the 14
requirements of section 275. 15
299 Other provision for urgent proceedings 16
Part 2, divisions 3 to 7 provide for the urgent starting of proceedings by 17
persons mentioned in section 237(1), and for the staying and 18
discontinuance of those proceedings. 19
Division 2--Court proceedings 20
300 Carriage of proceedings 21
(1) If a proceeding is brought for damages, the proceeding must be 22
brought against the employer of the injured or deceased worker and not 23
against WorkCover. 24
(2) However, a proceeding may, and may only, be brought against 25
WorkCover if-- 26
(a) the employer was an individual and can not be adequately 27
identified, is dead or can not practically be served; or 28
176 Section 275 (Notice of claim for damages)
s 300 188 s 300
Workers' Compensation and Rehabilitation Bill 2003
(b) the employer was a corporation and has been wound-up; or 1
(c) the employer was self-insured at the time of the event and 2
WorkCover has since assumed the employer's liability for the 3
injury. 4
(3) If a claim has not been settled at a compulsory conference, then 5
despite any rule of court, the legal process that starts the proceeding must 6
be served on the employer-- 7
(a) within 60 days after the day the conference was held; or 8
(b) within the further period that the court orders on the claimant's 9
application. 10
(4) If the employer is not a self-insurer, legal process that starts the 11
proceeding must be served on WorkCover within 30 days after the 12
employer has been served, and no step may be taken in the proceeding until 13
WorkCover or the self-insurer has been served. 14
(5) WorkCover is entitled to conduct for an employer, other than an 15
employer who is a self-insurer, all proceedings taken to enforce the claim 16
or to settle any matter about the claim. 17
(6) An employer who is a self-insurer is entitled to conduct all 18
proceedings taken to enforce the claim or to settle any matter about the 19
claim. 20
(7) In addition to an employer's obligation under section 280(1),177 the 21
employer, other than an employer who is a self-insurer, immediately on 22
being required by WorkCover to do so, must execute all documents and do 23
everything that WorkCover considers reasonably necessary to allow the 24
proceedings to be conducted by it. 25
(8) If an employer, other than an employer who is a self-insurer-- 26
(a) is absent from the State or, after reasonable inquiry, can not be 27
found; or 28
(b) refuses, fails or is unable to execute documents mentioned in 29
subsection (7); 30
WorkCover may execute for the employer all documents that it may require 31
or requires the employer to execute for subsection (7). 32
177 Section 280 (Employer to cooperate with WorkCover)
s 301 189 s 303
Workers' Compensation and Rehabilitation Bill 2003
301 Exclusion of jury trial 1
A proceeding for damages must be decided by a judge without a jury. 2
302 Alteration of period of limitation 3
(1) A claimant may bring a proceeding for damages for personal injury 4
after the end of the period of limitation allowed for bringing a proceeding 5
for damages for personal injury under the Limitation of Actions Act 1974 6
only if-- 7
(a) before the end of the period of limitation-- 8
(i) the claimant gives, or is taken to have given, a complying 9
notice of claim; or 10
(ii) the claimant gives a notice of claim for which the insurer 11
waives compliance with the requirements of section 275 12
with or without conditions; or 13
(iii) a court makes a declaration under section 297;178 or 14
(iv) a court gives leave under section 298;179 and 15
(b) the claimant complies with section 295.180 16
(2) However, the proceeding must be brought within 60 days after a 17
compulsory conference for the claim is held. 18
303 Court may have regard to claimant's non-compliance with s 275 19
in relation to costs and interest 20
If a claimant does not comply with the requirements of section 275, the 21
court before which the claimant brings a proceeding for damages-- 22
(a) on the application of the insurer, may award in the insurer's 23
favour costs, including legal and investigation costs, reasonably 24
incurred by the insurer because of the claimant's default; and 25
(b) may award interest in the claimant's favour for a period for which 26
the claimant was in default but only if the court is satisfied that 27
there is a reasonable excuse for the default. 28
178 Section 297 (Court to have made declaration about noncompliance)
179 Section 298 (Court to have given leave despite noncompliance)
180 Section 295 (Compliance necessary before starting proceeding)
s 304 190 s 307
Workers' Compensation and Rehabilitation Bill 2003
304 Court may have regard to compulsory conference 1
A court may have regard to the compulsory conference between the 2
parties in deciding-- 3
(a) whether the matter of the damages should be referred to an 4
alternative dispute resolution process; or 5
(b) costs in the proceeding for damages. 6
PART 8--STRUCTURED SETTLEMENTS 7
305 Court may make consent order for structured settlement 8
(1) This section applies if the parties to a claim agree to settle the claim 9
by making a structured settlement and apply to a court for an order 10
approving of or in the terms of the structured settlement. 11
(2) The court may make the order even though the payment of damages 12
is not in the form of a lump sum award of damages. 13
(3) In this section-- 14
"structured settlement" means an agreement providing for the payment 15
of all or part of an award of damages in the form of periodic payments 16
funded by an annuity or other agreed means. 17
PART 9--PARTICULAR MATTERS AFFECTING 18
ASSESSMENTS OF LIABILITY 19
306 Absolute defences not reintroduced 20
This Act does not reintroduce the absolute defence of contributory 21
negligence or common employment. 22
307 Contributory negligence 23
(1) A court may make a finding of contributory negligence if the worker 24
relevantly-- 25
s 308 191 s 308
Workers' Compensation and Rehabilitation Bill 2003
(a) failed to comply, so far as was practicable, with instructions 1
given by the worker's employer for the health and safety of the 2
worker or other persons; or 3
(b) failed at the material time to use, so far as was practicable, 4
protective clothing and equipment provided, or provided for, by 5
the worker's employer, in a way in which the worker had been 6
properly instructed to use them; or 7
(c) failed at the material time to use, so far as was practicable, 8
anything provided that was designed to reduce the worker's 9
exposure to risk of injury; or 10
(d) inappropriately interfered with or misused something provided 11
that was designed to reduce the worker's exposure to risk of 12
injury; or 13
(e) was adversely affected by the intentional consumption of a 14
substance that induces impairment; or 15
(f) failed, without reasonable excuse, to attend safety training 16
organised by the worker's employer that was conducted during 17
normal working hours at which the information given would 18
probably have enabled the worker to avoid, or minimise the 19
effects of, the event resulting in the worker's injury. 20
(2) Subsection (1) does not limit the discretion of a court to make a 21
finding of contributory negligence in any other circumstances. 22
PART 10--NO RIGHT TO PARTICULAR DAMAGES 23
308 Gratuitous services 24
A court can not award damages for the value of services of any kind-- 25
(a) that have been, or are to be, provided by another person to a 26
worker; and 27
(b) that are services of a kind that have been, or are to be, or 28
ordinarily would be, provided to the worker by a member of the 29
worker's family or household; and 30
(c) for which the worker is not, and would ordinarily not be, liable to 31
pay. 32
s 309 192 s 312
Workers' Compensation and Rehabilitation Bill 2003
PART 11--EXEMPLARY DAMAGES 1
309 Exemplary damages 2
(1) A court can not award exemplary or punitive damages against 3
WorkCover in a claimant's proceeding for damages. 4
(2) However, the court may give a separate judgment against an 5
employer for the payment of exemplary or punitive damages if the court 6
considers that the employer's conduct is so reprehensible that an award of 7
exemplary or punitive damages is justified. 8
(3) WorkCover can not indemnify an employer against an award of 9
exemplary or punitive damages. 10
PART 12--COSTS 11
Division 1--Costs applying to worker with WRI of 20% or more or 12
dependant 13
310 Application of div 1 14
This division applies only if the claimant is-- 15
(a) a worker, if the worker's WRI is 20% or more; or 16
(b) a dependant. 17
311 Principles about orders as to costs 18
If a court has assessed damages in the claimant's proceeding for 19
damages, it must apply the principles set out in sections 312 to 314. 20
312 Costs if written final offer by claimant 21
(1) This section applies if-- 22
(a) the claimant makes a written final offer that is not accepted by 23
the insurer; and 24
s 313 193 s 314
Workers' Compensation and Rehabilitation Bill 2003
(b) the claimant obtains a judgment no less favourable to the 1
claimant than the written final offer; and 2
(c) the court is satisfied that the claimant was at all material times 3
willing and able to carry out what was proposed in the written 4
final offer. 5
(2) The court must order the insurer to pay the claimants's costs, 6
calculated on the indemnity basis, unless the insurer shows another order 7
for costs is appropriate in the circumstances. 8
313 Costs if written final offer by insurer 9
(1) This section applies if-- 10
(a) the insurer makes a written final offer that is not accepted by the 11
claimant; and 12
(b) the claimant obtains a judgment that is not more favourable to the 13
claimant than the written final offer; and 14
(c) the court is satisfied that the insurer was at all material times 15
willing and able to carry out what was proposed in the written 16
final offer. 17
(2) Unless a party shows another order for costs is appropriate in the 18
circumstances, the court must-- 19
(a) order the insurer to pay the claimant's costs, calculated on the 20
standard basis, up to and including the day of service of the 21
written final offer; and 22
(b) order the claimant to pay the insurer's costs, calculated on the 23
standard basis, after the day of service of the written final offer. 24
314 Interest after service of written final offer 25
(1) This section applies if the court gives judgment for the claimant for 26
the recovery of a debt or damages and-- 27
(a) the judgment includes interest or damages in the nature of 28
interest; or 29
(b) under an Act, the court awards the claimant interest or damages 30
in the nature of interest. 31
s 315 194 s 316
Workers' Compensation and Rehabilitation Bill 2003
(2) For giving judgment for costs under section 312 or 313, the court 1
must disregard the interest or damages in the nature of interest relating to 2
the period after the day the written final offer is given. 3
Division 2--Costs applying to worker with WRI less than 20% or no WRI 4
315 Application of div 2 5
This division applies if the claimant is a worker who has a WRI of less 6
than 20% or no WRI. 7
316 Principles about orders as to costs 8
(1) No order about costs, other than an order allowed under this section, 9
is to be made by the court in the claimant's proceeding. 10
(2) If a party to the proceeding makes a written final offer of settlement 11
that is refused and the court later awards damages to the worker, the court 12
must, in the following circumstances, make the order about costs provided 13
for-- 14
(a) if the amount of damages awarded is equal to or more than the 15
worker's written final offer--an order that the insurer pay the 16
worker's costs on the standard basis from the day of the written 17
final offer; 18
(b) if the amount of damages awarded is equal to or less than the 19
insurer's written final offer--an order that the worker pay the 20
insurer's costs on the standard basis from the day of the final 21
offer. 22
(3) If the award of damages is less than the claimant's written final offer 23
but more than the insurer's written final offer, each party bears the party's 24
own costs. 25
(4) An order about costs for an interlocutory application may be made 26
only if the court is satisfied that the application has been brought because 27
of unreasonable delay by 1 of the parties. 28
(5) If an entity other than the worker's employer or the insurer is joined 29
as a defendant in the proceeding, the court may make an order about costs 30
in favour of, or against, the entity according to the proportion of liability of 31
the defendants and the justice of the case. 32
s 317 195 s 319
Workers' Compensation and Rehabilitation Bill 2003
(6) The court may make an order for costs against the worker's employer 1
or the insurer under subsection (5) only if-- 2
(a) the order is in favour of the entity; and 3
(b) the worker's employer or the insurer joined the entity as a 4
defendant. 5
Division 3--Costs generally 6
317 Application of div 3 7
This division applies to all claimants. 8
318 Costs if proceeding could have been brought in a lower court 9
If the amount of damages a court awards could have been awarded in a 10
lower court, the court must order any costs in favour of the claimant under 11
the scale of costs applying in the lower court. 12
PART 13--EXCESS DAMAGES AWARDED IN ANOTHER 13
JURISDICTION 14
319 Application of pt 13 15
This part applies if-- 16
(a) a person is entitled to seek as a claimant damages for an injury 17
sustained by a worker in a court of the State, other than under the 18
Jurisdiction of Courts (Cross-vesting) Act 1987; and 19
(b) damages for the injury are awarded by a court that is not a court 20
of the State; and 21
(c) the court that awards the damages does not do so subject to this 22
chapter; and 23
(d) the amount of the damages awarded to a claimant is more than 24
the amount that would have been awarded subject to this chapter 25
in a proceeding before a court of the State; and 26
s 320 196 s 322
Workers' Compensation and Rehabilitation Bill 2003
(e) an insurer would be liable to pay all the damages if section 320 1
did not apply. 2
320 No liability for excess damages 3
The insurer is not liable for the difference between the amount of 4
damages awarded to the claimant and the amount of damages that would 5
have been awarded in a proceeding before a court of the State. 6
CHAPTER 6--CHOICE OF LAW FOR DAMAGES 7
PART 1--APPLICATION OF CHAPTER 6 8
321 Claims to which chapter applies 9
(1) This chapter applies only to a claim for damages against a worker's 10
employer in relation to an injury that was caused by-- 11
(a) the negligence or other tort (including breach of statutory duty) 12
of the worker's employer; or 13
(b) a breach of contract by the worker's employer. 14
(2) Subsection (1)(a) applies even if damages resulting from the 15
negligence or other tort are claimed in an action for breach of contract or 16
other action. 17
PART 2--INTERPRETATION 18
322 Meaning of "substantive law" 19
(1) In this chapter, "substantive law" includes-- 20
(a) a law that establishes, modifies, or extinguishes a cause of action 21
or a defence to a cause of action; and 22
s 323 197 s 323
Workers' Compensation and Rehabilitation Bill 2003
(b) a law prescribing the time within which an action must be 1
brought (including a law providing for the extension or 2
abridgment of that time); and 3
(c) a law that provides for the limitation or exclusion of liability or 4
the barring of a right of action if a proceeding on, or arbitration 5
of, a claim is not commenced within a particular time limit; and 6
(d) a law that limits the kinds of injury, loss or damage for which 7
damages or compensation may be recovered; and 8
(e) a law that precludes the recovery of damages or compensation or 9
limits the amount of damages or compensation that can be 10
recovered; and 11
(f) a law expressed as a presumption, or rule of evidence, that affects 12
substantive rights; and 13
(g) a provision of a State's legislation about damages for a work 14
related injury, whether or not it would be otherwise regarded as 15
procedural in nature; 16
but does not include a law prescribing rules for choice of law. 17
(2) In this section-- 18
"a State's legislation about damages for a work related injury" 19
means-- 20
(a) for Queensland--chapter 5 and any other provision of this Act 21
providing for the interpretation of anything in chapter 5; and 22
(b) otherwise--any provisions of a law of a State that are declared 23
under a regulation to be the State's legislation about damages for 24
work related injury. 25
323 What constitutes injury and employment and who is employer 26
For this chapter-- 27
(a) injury and employer include anything that is within the scope of a 28
corresponding term in the statutory workers' compensation 29
scheme of another State; and 30
(b) the determination of what constitutes employment or whether or 31
not a person is the worker's employer is to be made on the basis 32
that those concepts include anything that is within the scope of a 33
s 324 198 s 325
Workers' Compensation and Rehabilitation Bill 2003
corresponding concept in the statutory workers' compensation 1
scheme of another State. 2
PART 3--SUBSTANTIVE LAW THAT GOVERNS CLAIM 3
324 The applicable substantive law for work injury claims 4
(1) If compensation is payable (whether or not it has been paid) under 5
the statutory workers' compensation scheme of a State in relation to an 6
injury to a worker, the substantive law of that State is the substantive law 7
that governs-- 8
(a) whether or not a claim for damages in relation to the injury can 9
be made; and 10
(b) if it can be made, the determination of the claim. 11
(2) For the purposes of this section, compensation is considered to be 12
payable under a statutory workers' compensation scheme of a State in 13
relation to an injury if compensation in relation to it-- 14
(a) would have been payable apart from a provision of the scheme 15
that excludes the worker's right to compensation because the 16
injury is attributable to any conduct or failure of the worker that 17
is specified in that provision; or 18
(b) would have been payable if a claim for that compensation had 19
been properly made, and (if applicable) an election to claim that 20
compensation (instead of damages) had been properly made. 21
325 Availability of action in another State not relevant 22
(1) It makes no difference for the purposes of this chapter that, under the 23
substantive law of another State-- 24
(a) it is the nature of the circumstances that they would not have 25
given rise to a cause of action had they occurred in that State; or 26
(b) the circumstances on which the claim is based do not give rise to 27
a cause of action. 28
(2) In this section-- 29
s 326 199 s 329
Workers' Compensation and Rehabilitation Bill 2003
"another State" means a State other than the State with which the injury is 1
connected. 2
CHAPTER 7--THE AUTHORITY 3
PART 1--ESTABLISHMENT 4
326 Authority is established 5
The Workers' Compensation Regulatory Authority ("the Authority") is 6
established. 7
327 Authority is a body corporate etc. 8
The Authority-- 9
(a) is a body corporate with perpetual succession; and 10
(b) has a common seal; and 11
(c) may sue and be sued in its corporate name. 12
328 Authority may operate under trading name 13
The Authority may operate under a trading name prescribed under a 14
regulation. 15
329 Authority represents the State 16
The Authority represents the State. 17
s 330 200 s 331
Workers' Compensation and Rehabilitation Bill 2003
PART 2--FUNCTIONS AND POWERS 1
330 General statement of Authority's functions 2
(1) The Authority's primary function is to regulate the workers' 3
compensation scheme. 4
(2) In enforcing this Act as the regulator, the Authority's functions 5
include the following-- 6
(a) to monitor the compliance of insurers with this Act; 7
(b) to monitor the performance of insurers under this Act, including 8
the consistent application of this Act; 9
(c) to decide applications relating to self-insurance; 10
(d) to undertake reviews of decisions under chapter 13, part 2 and 11
manage appeals under chapter 13, part 3;181 12
(e) to support and oversee the efficient administration of medical 13
assessment tribunals; 14
(f) to undertake workplace rehabilitation accreditation and 15
compliance activities; 16
(g) to provide rehabilitation advisory services; 17
(h) to maintain a database for scheme-wide reporting; 18
(i) to promote education about the workers' compensation scheme; 19
(j) to collect fees under the Act; 20
(k) to administer grants under the Act; 21
(l) to perform other functions given to the Authority under this or 22
another Act. 23
331 Authority's general powers 24
(1) The Authority has, for or in connection with the performance of its 25
functions, all the powers of a natural person, including, for example, the 26
power to-- 27
181 Chapter 13 (Reviews and appeals), part 2 (Authority's review of decisions) and part
3 (Appeals)
s 332 201 s 332
Workers' Compensation and Rehabilitation Bill 2003
(a) enter into contracts; and 1
(b) acquire, hold, dispose of and deal with property; and 2
(c) appoint attorney and agents, including for debt collection; and 3
(d) charge, and fix terms, for goods, services and information 4
supplied by it; and 5
(e) engage consultants; and 6
(f) establish subsidiaries; and 7
(g) do all other things necessary or convenient to be done for, or in 8
connection with, the performance of its functions. 9
(2) Without limiting subsection (1), the Authority has the powers that 10
are conferred on it by this or another Act. 11
(3) The Authority may exercise its powers inside and outside 12
Queensland. 13
(4) Without limiting subsection (3), the Authority may exercise its 14
powers in a foreign country. 15
(5) The fact that the doing of an act by the Authority would not be, or is 16
not, in its best interests does not affect its power to do the act. 17
(6) In this section-- 18
"power" includes legal capacity. 19
PART 3--REPORTING OBLIGATIONS 20
332 Quarterly reports 21
(1) The Authority's board must give to the Minister a report on the 22
operations of the Authority for each quarter of a financial year. 23
(2) A quarterly report must be given to the Minister-- 24
(a) within 1 month after the end of the quarter; or 25
(b) if another period after the end of the quarter is agreed between 26
the board and the Minister--within the agreed period. 27
(3) A quarterly report must include information about the Authority's 28
operations under each of its functions. 29
s 333 202 s 334
Workers' Compensation and Rehabilitation Bill 2003
333 Matters to be included in annual report 1
(1) Each annual report of the Authority must-- 2
(a) contain the information that is required to be included in the 3
report by the Minister to enable an informed assessment to be 4
made of the Authority's operations; and 5
(b) include particulars of any directions and notifications given to the 6
Authority's board by the Minister that relate to the relevant 7
financial year; and 8
(c) include particulars of the impact on the financial position of the 9
Authority, and any directions and notifications given to the board 10
by the Minister, that relate to the relevant financial year. 11
(2) Each annual report of the Authority must also state whether or not 12
the Authority's directors consider there are, when the statement is made, 13
reasonable grounds to believe that the Authority will be able to pay its 14
debts as and when they fall due. 15
334 Board to keep Minister informed 16
(1) The Authority's board must-- 17
(a) keep the Minister reasonably informed of the operations, 18
financial performance and financial position of the Authority; 19
and 20
(b) give the Minister reports and information that the Minister 21
requires to enable the Minister to make informed assessments of 22
matters mentioned in paragraph (a); and 23
(c) if matters arise that in the board's opinion may prevent, or 24
significantly affect, achievement of the Authority's 25
objectives--immediately inform the Minister of the matters and 26
its opinion about them. 27
(2) Subsection (1) does not limit the matters of which the board is 28
required to keep the Minister informed, or limit the reports or information 29
that the board is required, or may be required, to give to the Minister, by 30
another Act. 31
s 335 203 s 337
Workers' Compensation and Rehabilitation Bill 2003
PART 4--BOARD OF DIRECTORS 1
Division 1--Establishment of Authority's board 2
335 Establishment of board 3
(1) The Authority's board of directors is established. 4
(2) The board consists of not more than 7 members appointed by the 5
Governor in Council. 6
336 Appointment of chairperson and deputy chairperson 7
(1) The Governor in Council may appoint a director to be the board's 8
chairperson and another director to be the board's deputy chairperson. 9
(2) The deputy chairperson is to act as chairperson-- 10
(a) during a vacancy in the office of chairperson; and 11
(b) during all periods when the chairperson is absent from duty or is, 12
for another reason, unable to perform the functions of the office. 13
337 Regard to particular ability in appointment of directors 14
(1) In appointing a person as a director, the Governor in Council must 15
have regard to the person's ability to make a contribution to the Authority's 16
performance as the regulator. 17
(2) A person is not eligible for appointment as a director if-- 18
(a) the person is not able to manage a corporation because of the 19
Corporations Act, part 2D.6;182 or 20
(b) the person is-- 21
(i) a WorkCover director or WorkCover employee; or 22
(ii) a director, employee or agent of a self-insurer. 23
182 Corporations Act, part 2D.6 (Disqualification from managing corporations)
s 338 204 s 340
Workers' Compensation and Rehabilitation Bill 2003
338 Role of board 1
The board's role includes the following-- 2
(a) deciding the objectives, strategies and policies to be followed by 3
the Authority; 4
(b) to monitor the performance and outcomes of medical assessment 5
tribunals; 6
(c) ensuring that the Authority performs its functions in a proper, 7
effective and efficient way; 8
(d) accounting to the Minister for the Authority's performance as 9
required by this Act or another Act; 10
(e) keeping the Minister informed, on its own initiative or if the 11
Minister asks, on the board's responsibilities and functions; 12
(f) performing other functions conferred on the board under this or 13
another Act. 14
339 Delegation by board 15
(1) The board may, by resolution, delegate its powers to-- 16
(a) a director; or 17
(b) a committee of the board; or 18
(c) the Authority's chief executive officer; or 19
(d) an appropriately qualified Authority employee. 20
(2) In subsection (1)-- 21
"appropriately qualified" includes having the qualifications, experience 22
or standing appropriate to exercise the power. 23
24
Example of standing--
25
The level at which a person is employed within the Authority.
Division 2--Meetings and other business of board 26
340 Meaning of "required minimum number" of directors 27
In this division-- 28
s 341 205 s 344
Workers' Compensation and Rehabilitation Bill 2003
"required minimum number" of directors means the number that is half 1
the number of directors of which the board for the time being consists 2
or, if that number is not a whole number, the next higher whole 3
number. 4
341 Conduct of meetings and other business 5
Subject to this division, the board may conduct its business, including its 6
meetings, in the way it considers appropriate. 7
342 Times and places of meetings 8
(1) Meetings of the board are to be held at the times and places that the 9
board decides. 10
(2) However, the chairperson-- 11
(a) may at any time convene a meeting; and 12
(b) must convene a meeting when asked by at least the required 13
minimum number of directors. 14
343 Presiding at meetings 15
(1) The chairperson is to preside at all meetings at which the chairperson 16
is present. 17
(2) If the chairperson is not present at a meeting, the deputy chairperson 18
is to preside. 19
(3) If both the chairperson and deputy chairperson are not present at a 20
meeting, the director chosen by the directors present at the meeting is to 21
preside. 22
344 Quorum and voting at meetings 23
(1) At a meeting of the board-- 24
(a) the required minimum number of directors constitute a quorum; 25
and 26
(b) a question is to be decided by a majority of the votes of the 27
directors present and voting; and 28
s 345 206 s 346
Workers' Compensation and Rehabilitation Bill 2003
(c) each director present has a vote on each question arising for 1
decision and, if the votes are equal, the director presiding also 2
has a casting vote. 3
(2) Subsection (1)(a) has effect subject to section 346.183 4
345 Disclosure of interests by director 5
(1) If an Authority director has a direct or indirect interest in a matter 6
being considered, or about to be considered, by the Authority's board, the 7
director must disclose the nature of the interest to a meeting of the board as 8
soon as practicable after the relevant facts come to the director's 9
knowledge. 10
Maximum penalty--100 penalty units. 11
(2) The disclosure must be recorded in the board's minutes. 12
346 Voting by interested director 13
(1) An Authority director who has a material personal interest in a matter 14
that is being considered by the Authority's board must not-- 15
(a) vote on the matter; or 16
(b) vote on a proposed resolution (a "related resolution") under 17
subsection (2) in relation to the matter (whether in relation to the 18
director or another director); or 19
(c) be present while the matter, or a related resolution, is being 20
considered by the board; or 21
(d) otherwise take part in any decision of the board in relation to the 22
matter or a related resolution. 23
Maximum penalty--100 penalty units. 24
(2) Subsection (1) does not apply to the matter if the board has at any 25
time passed a resolution that-- 26
(a) specifies the director, the interest and the matter; and 27
(b) states that the directors voting for the resolution are satisfied that 28
the interest should not disqualify the director from considering or 29
voting on the matter. 30
183 Section 346 (Voting by interested director)
s 347 207 s 349
Workers' Compensation and Rehabilitation Bill 2003
(3) A quorum is present during a consideration of a matter by the board 1
only if at least 2 directors are present who are entitled to vote on any 2
motion that may be moved in relation to the matter. 3
(4) The Minister may, by signing consent to a proposed resolution, deal 4
with a matter if the board can not deal with it because of subsection (3). 5
347 Participation in meetings 6
(1) The board may hold meetings, or allow directors to take part in its 7
meetings, by using any technology that reasonably allows directors to hear 8
and take part in discussions as they happen. 9
10
Example of use of technology--
11
Teleconferencing.
(2) A director who takes part in a meeting under subsection (1) is taken 12
to be present at the meeting. 13
348 Resolutions without meetings 14
(1) If at least a majority of directors sign a document containing a 15
statement that they are in favour of a resolution stated in the document, a 16
resolution in those terms is taken to have been passed at a meeting of the 17
board held-- 18
(a) on the day on which the document is signed; or 19
(b) if the directors do not sign it on the same day, the day on which 20
the last of the directors constituting the majority signs the 21
document. 22
(2) If a resolution is, under subsection (1), taken to have been passed at a 23
meeting of the board, each director must immediately be advised of the 24
matter and given a copy of the terms of the resolution. 25
(3) For subsection (1), 2 or more separate documents containing a 26
statement in identical terms, each of which is signed by 1 or more directors, 27
are taken to constitute a single document. 28
349 Minutes 29
The board must keep minutes of its proceedings. 30
s 350 208 s 354
Workers' Compensation and Rehabilitation Bill 2003
Division 3--Other provisions about directors 1
350 Term of appointment of directors 2
A director is to be appointed by the Governor in Council for a term of 3
not more than 5 years. 4
351 Terms of appointment not provided for under Act 5
(1) In relation to matters not provided for under this Act, a director holds 6
office on the terms of appointment decided by the Governor in Council. 7
(2) Except as decided by the Governor in Council, a director is not 8
entitled to receive any payment, any interest in property or other valuable 9
consideration or benefit-- 10
(a) by way of remuneration as a director; or 11
(b) in connection with retirement from office, or other termination of 12
office, as a director. 13
352 Appointment of acting director 14
The Governor in Council may appoint a person to act as a director during 15
any period, or all periods, when a director is absent from duty or is, for 16
another reason, unable to perform the functions of the office. 17
353 Resignation 18
(1) A director, or person appointed under section 336184 may resign by 19
signed notice given to the Governor. 20
(2) The chairperson or deputy chairperson may resign as chairperson or 21
deputy chairperson and remain a director. 22
354 Termination of appointment as director 23
(1) The Governor in Council may, at any time, terminate the 24
appointment of all or any directors of the board for any reason or none. 25
184 Section 336 (Appointment of chairperson and deputy chairperson)
s 355 209 s 355
Workers' Compensation and Rehabilitation Bill 2003
(2) If a person who is a public service officer when appointed as a 1
director ceases to be a public service officer, the person ceases to be a 2
director. 3
PART 5--THE CHIEF EXECUTIVE OFFICER 4
355 Authority's chief executive officer 5
(1) The Authority is to have a chief executive officer. 6
(2) The chief executive officer is to be appointed by the Governor in 7
Council, by gazette notice, on the board's recommendation. 8
(3) The chief executive officer is to be appointed under this Act and not 9
under the Public Service Act 1996. 10
(4) A person appointed as the chief executive officer must enter into a 11
contract with the Authority. 12
(5) The contract must be signed for the Authority by the chairperson of 13
the Authority's board. 14
(6) The conditions of the contract are to be decided by the board in 15
consultation with the Minister. 16
(7) The contract must state the conditions of appointment, including-- 17
(a) a term of the contract of not longer than 5 years; and 18
(b) the remuneration to which the person is entitled. 19
(8) Subsection (7)(a) does not prevent the chief executive officer from 20
being reappointed. 21
(9) An industrial instrument does not apply to a person appointed as the 22
chief executive officer. 23
(10) However, subsection (9) has no effect on the Industrial Relations 24
Act 1999, section 276 or chapter 3.185 25
185 Industrial Relations Act 1999, section 276 (Power to amend or void contracts) or
chapter 3 (Dismissals)
s 356 210 s 359
Workers' Compensation and Rehabilitation Bill 2003
356 Duties of chief executive officer 1
The Authority's chief executive officer is, under the board, to manage the 2
Authority. 3
357 Things done by chief executive officer 4
Anything done in the name of, or for, the Authority by its chief executive 5
officer is taken to have been done by the Authority. 6
358 Delegation by chief executive officer 7
(1) The Authority's chief executive officer may delegate the chief 8
executive officer's powers, including a power delegated to the chief 9
executive officer, to an appropriately qualified Authority employee. 10
(2) Subsection (1) has effect subject to any directions of the board 11
further limiting the power to delegate. 12
(3) In subsection (1)-- 13
"appropriately qualified" includes having the qualifications, experience 14
or standing appropriate to exercise the power. 15
16
Example of standing--
17
The level at which a person is employed within the Authority.
359 Additional provisions relating to chief executive officer 18
(1) The Authority's board may appoint a person to act as chief executive 19
officer-- 20
(a) during a vacancy in the office; or 21
(b) during any period, or all periods, when the chief executive officer 22
is absent from duty or is, for another reason, unable to perform 23
the functions of the office. 24
(2) The chief executive officer may resign by signed notice given to the 25
chairperson. 26
(3) Termination of the appointment of the chief executive officer does 27
not affect a right to which the chief executive officer is entitled under the 28
terms of the chief executive officer's appointment. 29
s 360 211 s 364
Workers' Compensation and Rehabilitation Bill 2003
PART 6--OTHER EMPLOYMENT PROVISIONS 1
360 Basis of employment generally 2
(1) This section does not apply to the Authority's chief executive officer. 3
(2) The Authority may employ persons it considers necessary or 4
convenient for the administration of its functions or powers under any Act. 5
(3) The Authority's employees are to be employed under the Public 6
Service Act 1996. 7
361 EEO legislation is applicable 8
The Authority is a unit of the public sector under the Equal Opportunity 9
in Public Employment Act 1992. 10
PART 7--FINANCIAL PROVISIONS 11
362 Funding of Authority 12
The Authority is funded by contributions from insurers and income 13
received in the exercise of its functions. 14
363 Application of financial legislation 15
The Authority is-- 16
(a) a statutory body under the Financial Administration and Audit 17
Act 1977; and 18
(b) a statutory body under the Statutory Bodies Financial 19
Arrangements Act 1982. 20
364 Funds and accounts 21
(1) The Authority may establish funds and accounts. 22
(2) The Authority must pay into the funds and accounts all amounts 23
received by it. 24
s 365 212 s 367
Workers' Compensation and Rehabilitation Bill 2003
(3) The Authority may pay out of an Authority fund-- 1
(a) amounts in accordance with a direction of the Minister under 2
section 479; or 3
(b) amounts to enhance awareness of persons' rights under this Act; 4
or 5
(c) amounts for research and education relating to the management 6
of workers' injuries and the rehabilitation of workers; or 7
(d) amounts for discharging particular liabilities of insurers under 8
this Act; or 9
(e) amounts the Authority considers appropriate for the performance 10
of its functions; or 11
(f) other amounts the Authority may, or must, pay for any purpose 12
under this or another Act. 13
365 Reserves 14
The Authority may establish reserves it considers appropriate for the 15
performance of its functions. 16
PART 8--AUTHORISED PERSONS 17
Division 1--General 18
366 Function of authorised person of the Authority 19
An authorised person of the Authority has the function of conducting 20
investigations and inspections to monitor compliance with the 21
requirements of the Authority in the discharge of its functions under this 22
Act. 23
367 Authorised person subject to Authority's directions 24
An authorised person is subject to the Authority's directions in 25
exercising powers of an authorised person. 26
s 368 213 s 371
Workers' Compensation and Rehabilitation Bill 2003
368 Powers of authorised persons 1
An authorised person has the powers given to the person under this Act 2
or another Act. 3
369 Limitation on powers of authorised person 4
The powers of an authorised person may be limited-- 5
(a) under a regulation; or 6
(b) under a condition of appointment; or 7
(c) by written notice given by the Authority to the authorised person. 8
Division 2--Appointment of authorised persons and other matters 9
370 Appointment of authorised persons 10
(1) The Authority may appoint an Authority employee as an authorised 11
person. 12
(2) The Authority may appoint an Authority employee as an authorised 13
person only if the Authority considers the employee has the necessary 14
expertise or experience to be an authorised person. 15
371 Authorised person's appointment conditions 16
(1) An authorised person holds office on the conditions stated in the 17
instrument of appointment. 18
(2) An authorised person-- 19
(a) if the appointment provides for a term of appointment--ceases 20
holding office at the end of the term; and 21
(b) may resign by signed notice given to the Authority; and 22
(c) if the conditions of appointment provide--ceases holding office 23
as an authorised person on ceasing to hold another office stated in 24
the appointment conditions (the "main office"). 25
(3) However, an authorised person may not resign from the office of 26
authorised person (the "secondary office") if a term of the authorised 27
person's employment to the main office requires the authorised person to 28
hold the secondary office. 29
s 372 214 s 374
Workers' Compensation and Rehabilitation Bill 2003
372 Authorised person's identity card 1
(1) The Authority must give an identity card to each authorised person. 2
(2) The identity card must-- 3
(a) contain a recent photograph of the authorised person; and 4
(b) be signed by the authorised person; and 5
(c) identify the person as an authorised person for the Authority; and 6
(d) include an expiry date; and 7
(e) be signed by the Authority's chief executive officer. 8
(3) A person who ceases to be an authorised person for the Authority 9
must return the person's identity card to the Authority within 7 days after 10
the person ceases to be an authorised person for the Authority, unless the 11
person has a reasonable excuse. 12
Maximum penalty--10 penalty units. 13
373 Display of authorised person's identity card 14
(1) An authorised person may exercise a power in relation to someone 15
else only if the authorised person-- 16
(a) first produces his or her identity card for the person's inspection; 17
or 18
(b) has the identity card displayed so it is clearly visible to the 19
person. 20
(2) However, if for any reason it is not practicable to comply with 21
subsection (1), the authorised person must produce the identity card for 22
inspection by the person at the first reasonable opportunity. 23
374 Protection from liability 24
(1) An authorised person of the Authority does not incur civil liability 25
for an act done, or omission made, honestly and without negligence under 26
this Act. 27
(2) If subsection (1) prevents a civil liability attaching to an authorised 28
person, the liability attaches instead to the Authority. 29
s 375 215 s 377
Workers' Compensation and Rehabilitation Bill 2003
PART 9--OTHER PROVISIONS ABOUT THE 1
AUTHORITY 2
375 Authority's seal 3
(1) The Authority's seal is to be kept in the custody directed by the board 4
and may be used only as authorised by the board. 5
(2) The affixing of the seal to a document must be attested by-- 6
(a) 2 or more directors; or 7
(b) at least 1 director and the chief executive officer; or 8
(c) a director or the chief executive officer and 1 or more persons 9
authorised by the board. 10
(3) Judicial notice must be taken of the imprint of the Authority's seal 11
appearing on a document. 12
376 Authentication of documents 13
A document made by the Authority, other than a document that is 14
required by law to be sealed, is sufficiently authenticated if it is signed 15
by-- 16
(a) the chairperson of the Authority's board; or 17
(b) its chief executive officer; or 18
(c) a person authorised to sign the document by-- 19
(i) resolution of the board; or 20
(ii) direction of its chief executive officer. 21
377 Judicial notice of certain signatures 22
Judicial notice must be taken of-- 23
(a) the official signature of a person who is or has been chairperson 24
of the Authority's board, an Authority director or the Authority's 25
chief executive officer; and 26
(b) the fact that the person holds or has held the relevant office. 27
s 378 216 s 381
Workers' Compensation and Rehabilitation Bill 2003
378 Giving of documents to board 1
If this Act authorises or requires a document to be given to the 2
Authority's board, it may be given to the board's chairperson. 3
379 Application of various other Acts 4
(1) The Authority is-- 5
(a) a unit of public administration under the Crime and Misconduct 6
Act 2001; and 7
(b) a public authority under the Ombudsman Act 2001; and 8
(c) a public sector entity under the Public Sector Ethics Act 1994; 9
and 10
(d) a public sector entity under the Whistleblowers Protection Act 11
1994. 12
(2) The Freedom of Information Act 1992 does not apply to a document 13
received or brought into existence by the Authority in carrying out its 14
function of monitoring the financial performance of self-insurers. 15
CHAPTER 8--WORKCOVER QUEENSLAND 16
PART 1--ESTABLISHMENT 17
380 WorkCover is established 18
WorkCover Queensland is established. 19
381 WorkCover is a body corporate etc. 20
WorkCover-- 21
(a) is a body corporate with perpetual succession; and 22
(b) has a common seal; and 23
(c) may sue and be sued in its corporate name. 24
s 382 217 s 384
Workers' Compensation and Rehabilitation Bill 2003
382 Relationship with State 1
(1) WorkCover represents the State. 2
(2) Without limiting subsection (1), every WorkCover policy or other 3
insurance contract with WorkCover is guaranteed by the government of the 4
State. 5
(3) If WorkCover is unable to pay from a fund under its control an 6
amount payable by WorkCover under a policy or contract guaranteed 7
under subsection (2), the amount is to be paid out of consolidated fund to 8
WorkCover. 9
(4) The consolidated fund is appropriated for the amount. 10
PART 2--FUNCTIONS AND POWERS 11
Division 1--Functions and insurance business 12
383 General statement of WorkCover's functions 13
(1) WorkCover's functions are as follows-- 14
(a) to undertake the insurance business mentioned in section 384; 15
(b) to perform other functions conferred on it by this or another Act; 16
(c) to do anything necessary for the administration of this Act that is 17
not the function of another entity. 18
(2) In performing its functions, WorkCover-- 19
(a) must, as far as practicable, deliver insurance as a commercial 20
enterprise; and 21
(b) is subject to the Minister's directions under chapter 9. 22
384 WorkCover's insurance business 23
(1) WorkCover may undertake the business of-- 24
(a) accident insurance; and 25
(b) other insurance this Act authorises WorkCover to undertake. 26
s 385 218 s 388
Workers' Compensation and Rehabilitation Bill 2003
(2) WorkCover may reinsure, on conditions that it considers appropriate, 1
all or part of any risk accepted by it. 2
385 WorkCover as the exclusive provider of accident insurance 3
(1) Accident insurance is to be undertaken only by WorkCover. 4
(2) Policies for accident insurance are to be issued by or for WorkCover 5
and no other person or association or group of persons. 6
(3) A policy issued in contravention of this section is unenforceable at 7
law. 8
(4) This section is subject to the provisions of this Act authorising 9
self-insurers to provide accident insurance. 10
386 WorkCover's offices 11
WorkCover may establish offices anywhere and discontinue any 12
WorkCover offices. 13
Division 2--Powers generally 14
387 Objects of div 2 15
The objects of this division include-- 16
(a) abolishing any application of the doctrine of ultra vires to 17
WorkCover; and 18
(b) ensuring that WorkCover gives effect to any restrictions on its 19
objects or powers, but without affecting the validity of its 20
dealings with outsiders. 21
388 WorkCover's general powers 22
(1) WorkCover has, for or in connection with the performance of its 23
functions, all the powers of a natural person, including, for example, the 24
power to-- 25
(a) enter into contracts; and 26
(b) acquire, hold, dispose of and deal with property; and 27
s 389 219 s 389
Workers' Compensation and Rehabilitation Bill 2003
(c) appoint attorney and agents, including for debt collection; and 1
(d) charge, and fix terms, for goods, services and information 2
supplied by it; and 3
(e) engage consultants; and 4
(f) establish subsidiaries; and 5
(g) do all other things necessary or convenient to be done for, or in 6
connection with, the performance of its functions. 7
(2) Without limiting subsection (1), WorkCover has the powers that are 8
conferred on it by this or another Act. 9
(3) WorkCover may exercise its powers inside and outside Queensland. 10
(4) Without limiting subsection (3), WorkCover may exercise its powers 11
in a foreign country. 12
(5) The fact that the doing of an act by WorkCover would not be, or is 13
not, in its best interests does not affect its power to do the act. 14
(6) In this section-- 15
"power" includes legal capacity. 16
389 General restriction on WorkCover's powers 17
(1) Section 388 applies to WorkCover subject to any restrictions on 18
WorkCover's powers expressly imposed under this or another Act. 19
(2) Section 388 also applies to WorkCover subject to any restrictions 20
expressly imposed by-- 21
(a) WorkCover's statement of corporate intent; and 22
(b) any relevant directions, notifications or approvals given to 23
WorkCover by the Minister. 24
(3) WorkCover contravenes this subsection if-- 25
(a) WorkCover exercises a power contrary to a restriction mentioned 26
in subsection (1) or (2); or 27
(b) does an act otherwise than for its functions. 28
(4) The exercise of the power mentioned in subsection (3)(a), or the act 29
mentioned in subsection (3)(b), is not invalid merely because of the 30
contravention. 31
s 390 220 s 391
Workers' Compensation and Rehabilitation Bill 2003
(5) A WorkCover officer who is involved in the contravention 1
contravenes this subsection. 2
(6) An act of the officer is not invalid merely because, by doing the act, 3
the officer contravenes subsection (5). 4
(7) WorkCover or a WorkCover officer is not guilty of an offence 5
merely because of the contravention. 6
(8) The fact that-- 7
(a) by exercising the powers mentioned in subsection (3)(a), or 8
doing the act as mentioned in subsection (3)(b), WorkCover 9
contravened, or would contravene, subsection (3); or 10
(b) by doing a particular act, a WorkCover officer contravened, or 11
would contravene, subsection (5); 12
may be asserted or relied on only in proceedings between the Minister or 13
the State and officers of WorkCover. 14
(9) In this section-- 15
"restriction" includes prohibition. 16
"WorkCover officer" means-- 17
(a) a WorkCover director; or 18
(b) a WorkCover employee. 19
390 Disposal of main undertakings 20
(1) WorkCover may dispose of any of its main undertakings only with 21
the prior written approval of the Minister. 22
(2) In this section-- 23
"main undertakings" means the undertakings specified as WorkCover's 24
main undertakings in WorkCover's most recent statement of 25
corporate intent. 26
391 Acquiring and disposing of subsidiaries 27
WorkCover may do the following only with the prior written approval of 28
the Minister-- 29
(a) form, or participate in the formation of, a company that will 30
become a WorkCover subsidiary; 31
s 392 221 s 392
Workers' Compensation and Rehabilitation Bill 2003
(b) acquire shares, or participate in any other transaction that will 1
result in a body corporate becoming, or ceasing to be a 2
WorkCover subsidiary. 3
392 Protection of persons who deal with WorkCover 4
(1) If a person has dealings with WorkCover-- 5
(a) the person is entitled to make the assumptions mentioned in 6
subsection (3); and 7
(b) in a proceeding about the dealings, any assertion by WorkCover 8
that the matters that the person is entitled to assume were not 9
correct must be disregarded. 10
(2) If a person has dealings with a person who has acquired, or purports 11
to have acquired, title to property from WorkCover (whether directly or 12
indirectly)-- 13
(a) the person is entitled to make the assumptions mentioned in 14
subsection (3); and 15
(b) in a proceeding for the dealings, any assertion by WorkCover or 16
the second person that the matters that the first person is entitled 17
to assume were not correct must be disregarded. 18
(3) The assumptions that a person is, because of subsection (1) or (2), 19
entitled to make are-- 20
(a) that, at all relevant times, this Act has been complied with; and 21
(b) that a person who is held out by WorkCover to be a WorkCover 22
officer or agent of WorkCover-- 23
(i) has been properly appointed; and 24
(ii) has authority to exercise the powers and perform the 25
functions customarily exercised or performed by an officer 26
or agent of the kind concerned; and 27
(c) that a WorkCover officer or agent of WorkCover who has 28
authority to issue a document for WorkCover has authority to 29
warrant that the document is genuine; and 30
(d) that a WorkCover officer or agent of WorkCover who has 31
authority to issue a certified copy of a document for WorkCover 32
has authority to warrant that the copy is a true copy; and 33
(e) that a document has been properly sealed by WorkCover if-- 34
s 393 222 s 393
Workers' Compensation and Rehabilitation Bill 2003
(i) it bears what appears to be an imprint of WorkCover's seal; 1
and 2
(ii) the sealing of the document appears to be authenticated by a 3
person who, because of paragraph (b), may be assumed to 4
be a WorkCover director or WorkCover's chief executive 5
officer; and 6
(f) that the directors, chief executive officer, employees and agents 7
of WorkCover have properly performed their duties to 8
WorkCover. 9
(4) However, a person is not entitled to assume a matter mentioned in 10
subsection (3) if-- 11
(a) the person has actual knowledge that the assumption would be 12
incorrect; or 13
(b) because of the person's connection or relationship with 14
WorkCover, the person ought to know that the assumption would 15
be incorrect. 16
(5) If, because of subsection (4), a person is not entitled to make a 17
particular assumption-- 18
(a) if the assumption is in relation to dealings with 19
WorkCover--subsection (1) does not apply to any assertion by 20
WorkCover in relation to the assumption; or 21
(b) if the assumption is in relation to an acquisition or purported 22
acquisition from WorkCover of title to property--subsection (2) 23
does not apply to any assertion by WorkCover or another person 24
in relation to the assumption. 25
(6) In this section-- 26
"WorkCover officer" means-- 27
(a) a WorkCover director; or 28
(b) a WorkCover employee. 29
393 Reserve power of Minister to direct that asset not be disposed of 30
(1) The Minister may, after consultation with WorkCover's board, give 31
the board a written direction requiring WorkCover not to dispose of a 32
specified asset. 33
(2) The board must ensure that the direction is complied with. 34
s 394 223 s 397
Workers' Compensation and Rehabilitation Bill 2003
(3) The Minister must cause a copy of the direction to be published in 1
the industrial gazette within 21 days after it is given. 2
PART 3--OBLIGATIONS 3
Division 1--Corporate plan 4
394 WorkCover must have corporate plan 5
WorkCover must have a corporate plan. 6
395 Guidelines in relation to corporate plans 7
(1) The Minister may issue guidelines about the form and content of 8
WorkCover's corporate plan. 9
(2) WorkCover must comply with the guidelines. 10
396 Draft corporate plan 11
(1) WorkCover's board must prepare, and submit to the Minister for the 12
Minister's agreement, a draft corporate plan not later than 2 months before 13
the start of each financial year. 14
(2) The board and the Minister must endeavour to reach agreement on 15
the draft plan as soon as possible and, for a draft corporate plan for a 16
financial year, in any case not later than 1 month before the start of the 17
financial year. 18
397 Special procedures for draft corporate plan 19
(1) The Minister may return a draft corporate plan to WorkCover's 20
board and ask it to-- 21
(a) consider or further consider any matter and deal with the matter 22
in the draft plan; and 23
(b) revise the draft plan in the light of its consideration or further 24
consideration. 25
s 398 224 s 400
Workers' Compensation and Rehabilitation Bill 2003
(2) The board must comply with the request as a matter of urgency. 1
(3) If, for a financial year, a draft corporate plan has not been agreed to 2
by the Minister by 1 month before the start of the financial year, the 3
Minister may, by written notice, direct the board-- 4
(a) to take specified steps in relation to the draft plan; or 5
(b) to make specified changes to the draft plan. 6
(4) The board must immediately comply with a direction under 7
subsection (3). 8
(5) The Minister must cause a copy of the direction to be published in 9
the industrial gazette within 21 days after it is given. 10
398 Corporate plan on agreement 11
When a draft corporate plan is agreed to by the Minister, it becomes 12
WorkCover's corporate plan for the relevant financial year. 13
399 Corporate plan pending agreement 14
(1) This section applies if, for a financial year, the Minister has not 15
agreed to a draft corporate plan before the start of the financial year. 16
(2) The draft corporate plan submitted or last submitted by WorkCover's 17
board to the Minister before the start of the financial year, with any 18
changes made by the board, whether before or after that time, at the 19
direction of the Minister, is taken to be WorkCover's corporate plan until a 20
draft corporate plan becomes WorkCover's corporate plan under 21
section 398. 22
400 Changes to corporate plan 23
(1) WorkCover's corporate plan may be changed by its board with the 24
Minister's agreement. 25
(2) The Minister may, by written notice, direct the board to change the 26
corporate plan. 27
(3) The Minister must cause a copy of the direction to be published in 28
the industrial gazette within 21 days after it is given. 29
s 401 225 s 404
Workers' Compensation and Rehabilitation Bill 2003
Division 2--Statement of corporate intent 1
401 WorkCover must have statement of corporate intent 2
WorkCover must have a statement of corporate intent for each financial 3
year. 4
402 Statement of corporate intent must be consistent with corporate 5
plan 6
WorkCover's statement of corporate intent must be consistent with its 7
corporate plan. 8
403 Matters to be included in statement of corporate intent 9
(1) WorkCover's statement of corporate intent must specify 10
WorkCover's financial and non-financial performance targets for its 11
activities for the relevant financial year. 12
(2) The statement of corporate intent must also include the matters 13
required by the following sections-- 14
(a) section 404; 15
(b) section 410;186 16
(c) section 451.187 17
404 Additional matters to be included in statement of corporate intent 18
(1) WorkCover's statement of corporate intent must include the 19
following additional matters-- 20
(a) an outline of WorkCover's objectives; 21
(b) an outline of the nature and scope of the activities proposed to be 22
undertaken by WorkCover during the relevant financial year; 23
(c) an outline of WorkCover's main undertakings during the relevant 24
financial year; 25
186 Section 410 (Community service obligations to be specified in statement of
corporate intent)
187 Section 451 (Employment and industrial relations plan)
s 405 226 s 406
Workers' Compensation and Rehabilitation Bill 2003
(d) WorkCover's capital structure and payments to the consolidated 1
fund under section 460;188 2
(e) an outline of the borrowings made, and proposed to be made, by 3
WorkCover; 4
(f) an outline of the policies adopted by WorkCover to minimise and 5
manage any risk of investments and borrowings that may 6
adversely affect its financial stability; 7
(g) an outline of WorkCover's policies and procedures relating to the 8
acquisition and disposal of major assets; 9
(h) WorkCover's accounting policies that apply to the preparation of 10
its accounts; 11
(i) the type of information to be given to the Minister, including 12
information to be given in quarterly and annual reports. 13
(2) The Minister may exempt WorkCover from including any matter, or 14
any aspect of a matter, mentioned in subsection (1) in the statement of 15
corporate intent. 16
(3) Subsection (1) does not limit the matters that may be included in a 17
statement of corporate intent. 18
405 Draft statement of corporate intent 19
(1) WorkCover's board must prepare, and submit to the Minister for the 20
Minister's agreement, a draft statement of corporate intent not later than 21
2 months before the start of each financial year. 22
(2) The board and the Minister must endeavour to reach agreement on 23
the draft statement as soon as possible and, for a draft statement of 24
corporate intent for a financial year, in any case not later than the start of 25
the financial year. 26
406 Special procedures for draft statement of corporate intent 27
(1) The Minister may return the draft statement of corporate intent to 28
WorkCover's board and ask it to-- 29
(a) consider or further consider any matter and deal with the matter 30
in the draft statement; and 31
188 Section 460 (Payment to consolidated fund)
s 407 227 s 408
Workers' Compensation and Rehabilitation Bill 2003
(b) revise the draft statement in the light of its consideration or 1
further consideration. 2
(2) The board must comply with the request as a matter of urgency. 3
(3) If, for a financial year, a draft statement of corporate intent of 4
WorkCover has not been agreed to by the Minister before the start of the 5
financial year, the Minister may, by written notice, direct the board-- 6
(a) to take specified steps in relation to the draft statement; or 7
(b) to make specified changes to the draft statement. 8
(4) The board must immediately comply with a direction under 9
subsection (3). 10
(5) The Minister must cause a copy of the direction to be published in 11
the industrial gazette within 21 days after it is given. 12
407 Statement of corporate intent on agreement 13
When a draft statement of corporate intent of WorkCover is agreed to by 14
the Minister, it becomes WorkCover's statement of corporate intent for the 15
relevant financial year. 16
408 Changes to statement of corporate intent 17
(1) WorkCover's statement of corporate intent may be changed by its 18
board with the Minister's agreement. 19
(2) The Minister may, by written notice, direct the board to change the 20
statement of corporate intent. 21
(3) Before giving the direction, the Minister must consult with the board 22
and take its views into account. 23
(4) The Minister must cause a copy of the direction to be published in 24
the industrial gazette within 21 days after it is given. 25
s 409 228 s 410
Workers' Compensation and Rehabilitation Bill 2003
Division 3--Community service obligations 1
409 Meaning of "community service obligations" 2
(1) WorkCover's "community service obligations" are obligations to 3
perform activities that WorkCover's board establishes to the Minister's 4
satisfaction-- 5
(a) are not in the commercial interests of WorkCover to perform; and 6
(b) arise because of a direction, notification or duty to which this 7
section applies. 8
(2) This section applies to the following directions, notifications and 9
duties-- 10
(a) a direction given to WorkCover's board under section 393;189 11
(b) a direction given to WorkCover's board under section 397;190 12
(c) a direction given to WorkCover's board under section 400;191 13
(d) a direction given to WorkCover's board under section 406; 192
14
(e) a direction given to WorkCover's board under section 408;193 15
(f) a notification given to WorkCover's board under section 480;194 16
(g) a direction given to WorkCover's board under section 476;195 17
(h) a statutory duty to perform activities, including any economic 18
development activities. 19
410 Community service obligations to be specified in statement of 20
corporate intent 21
(1) The community service obligations that WorkCover is to perform are 22
to be specified in its statement of corporate intent. 23
189 Section 393 (Reserve power of Minister to direct that asset not be disposed of)
190 Section 397 (Special procedures for draft corporate plan)
191 Section 400 (Changes to corporate plan)
192 Section 406 (Special procedures for draft statement of corporate intent)
193 Section 408 (Changes to statement of corporate intent)
194 Section 480 (Reserve power of Minister to notify board of public sector policies)
195 Section 476 (Reserve power of Minister to give directions in public interest)
s 411 229 s 412
Workers' Compensation and Rehabilitation Bill 2003
(2) The costings of, funding for, or other arrangements to make 1
adjustments relating to, WorkCover's community service obligations are 2
also to be specified in its statement of corporate intent. 3
(3) The statement of corporate intent is conclusive, as between the 4
Government and WorkCover, of-- 5
(a) the nature and extent of WorkCover's community service 6
obligations; and 7
(b) the ways in which, and the extent to which, WorkCover is to be 8
compensated by the Government for performing its community 9
service obligations. 10
Division 4--Reports and other accountability matters 11
411 Quarterly reports 12
(1) WorkCover's board must give to the Minister a report on the 13
operations of WorkCover for each quarter of a financial year. 14
(2) A quarterly report must be given to the Minister-- 15
(a) within 1 month after the end of the quarter; or 16
(b) if another period after the end of the quarter is agreed between 17
the board and the Minister--within the agreed period. 18
(3) A quarterly report must include the information required to be given 19
in the report by WorkCover's statement of corporate intent. 20
412 Matters to be included in annual report 21
(1) Each annual report of WorkCover must-- 22
(a) contain the information that is required to be included in the 23
report by the Minister to enable an informed assessment to be 24
made of WorkCover's operations, including a comparison of the 25
performance of WorkCover's statement of corporate intent; and 26
(b) state WorkCover's policy for the relevant financial year for 27
payments to the consolidated fund under section 460;196 and 28
196 Section 460 (Payment to consolidated fund)
s 413 230 s 413
Workers' Compensation and Rehabilitation Bill 2003
(c) include the statement of corporate intent for the relevant financial 1
year; and 2
(d) include particulars of any changes made to the statement of 3
corporate intent during the relevant financial year; and 4
(e) include particulars of any directions and notifications given to 5
WorkCover's board by the Minister that relate to the relevant 6
financial year; and 7
(f) include particulars of the impact on the financial position, profits 8
and losses and prospects of WorkCover of any changes made to 9
the statement of corporate intent, and any directions and 10
notifications given to the board by the Minister, that relate to the 11
relevant financial year. 12
(2) Each annual report of WorkCover must also state whether or not 13
WorkCover's directors consider there are, when the statement is made, 14
reasonable grounds to believe that WorkCover will be able to pay its debts 15
as and when they fall due. 16
413 Deletion of commercially sensitive matters from annual report 17
etc. 18
(1) If WorkCover's board asks the Minister to delete from the copies of 19
an annual report of WorkCover and accompanying documents that are to 20
be made public a matter that is of a commercially sensitive nature, the 21
Minister may delete the matter from the copies of the annual report and 22
accompanying documents that are laid before the Legislative Assembly or 23
otherwise made public. 24
(2) An annual report of WorkCover may include a summary of a matter 25
required to be included in the annual report, rather than a full statement of 26
the matter, if-- 27
(a) the summary indicates that it is a summary only; and 28
(b) a full statement of the matter is laid before the Legislative 29
Assembly at the same time as a copy of the annual report is laid 30
before the Legislative Assembly. 31
(3) Subsections (1) and (2) have effect despite section 412197 or another 32
Act. 33
197 Section 412 (Matters to be included in annual report)
s 414 231 s 415
Workers' Compensation and Rehabilitation Bill 2003
(4) Subsection (1) has effect despite subsection (2). 1
414 Board to keep Minister informed 2
(1) WorkCover's board must-- 3
(a) keep the Minister reasonably informed of the operations, 4
financial performance and financial position of WorkCover, 5
including the assets and liabilities, profits and losses and 6
prospects of WorkCover; and 7
(b) give the Minister reports and information that the Minister 8
requires to enable the Minister to make informed assessments of 9
matters mentioned in paragraph (a); and 10
(c) if matters arise that in the board's opinion may prevent, or 11
significantly affect, achievement of WorkCover's objectives 12
outlined in its statement of corporate intent or targets under its 13
corporate plan--immediately inform the Minister of the matters 14
and its opinion about them. 15
(2) Subsection (1) does not limit the matters of which the board is 16
required to keep the Minister informed, or limit the reports or information 17
that the board is required, or may be required, to give to the Minister, by 18
another Act. 19
Division 5--Duties and liabilities of directors and other officers of 20
WorkCover 21
415 Disclosure of interests by director 22
(1) If a WorkCover director has a direct or indirect interest in a matter 23
being considered, or about to be considered, by WorkCover's board, the 24
director must disclose the nature of the interest to a meeting of the board as 25
soon as practicable after the relevant facts come to the director's 26
knowledge. 27
Maximum penalty--100 penalty units. 28
(2) The disclosure must be recorded in the board's minutes. 29
s 416 232 s 417
Workers' Compensation and Rehabilitation Bill 2003
416 Voting by interested director 1
(1) A WorkCover director who has a material personal interest in a 2
matter that is being considered by WorkCover's board must not-- 3
(a) vote on the matter; or 4
(b) vote on a proposed resolution (a "related resolution") under 5
subsection (2) in relation to the matter (whether in relation to the 6
director or another director); or 7
(c) be present while the matter, or a related resolution, is being 8
considered by the board; or 9
(d) otherwise take part in any decision of the board in relation to the 10
matter or a related resolution. 11
Maximum penalty--100 penalty units. 12
(2) Subsection (1) does not apply to the matter if the board has at any 13
time passed a resolution that-- 14
(a) specifies the director, the interest and the matter; and 15
(b) states that the directors voting for the resolution are satisfied that 16
the interest should not disqualify the director from considering or 17
voting on the matter. 18
(3) A quorum is present during a consideration of a matter by the board 19
only if at least 2 directors are present who are entitled to vote on any 20
motion that may be moved in relation to the matter. 21
(4) The Minister may, by signing consent to a proposed resolution, deal 22
with a matter if the board can not deal with it because of subsection (3). 23
417 Duty and liability of certain officers of WorkCover 24
(1) A WorkCover officer must act honestly in the exercise of powers, 25
and discharge of functions, as a WorkCover officer. 26
Maximum penalty-- 27
(a) if the contravention is committed with intent to deceive or 28
defraud WorkCover, WorkCover's creditors or creditors of 29
another person or for another fraudulent purpose--500 penalty 30
units or 5 years imprisonment; or 31
(b) in any other case--100 penalty units. 32
s 417 233 s 417
Workers' Compensation and Rehabilitation Bill 2003
(2) In the exercise of powers and the discharge of functions, a 1
WorkCover officer must exercise the degree of care and diligence that a 2
reasonable person in a like position within WorkCover would exercise. 3
Maximum penalty--100 penalty units. 4
(3) A person who is, or was, a WorkCover officer must not make 5
improper use of information acquired because of the person's position as a 6
WorkCover officer-- 7
(a) to gain, directly or indirectly, an advantage for the person or for 8
another person; or 9
(b) to cause detriment to WorkCover. 10
Maximum penalty--500 penalty units or 5 years imprisonment. 11
(4) A WorkCover officer must not make improper use of the officer's 12
position as a WorkCover officer-- 13
(a) to gain, directly or indirectly, an advantage for the officer or 14
another person; or 15
(b) to cause detriment to WorkCover. 16
Maximum penalty--500 penalty units or 5 years imprisonment. 17
(5) If a person contravenes this section in relation to WorkCover, 18
WorkCover may recover from the person as a debt due to WorkCover-- 19
(a) if the person or another person made a profit because of the 20
contravention--an amount equal to the profit; and 21
(b) if WorkCover suffered loss or damage because of the 22
contravention--an amount equal to the loss or damage. 23
(6) An amount may be recovered from the person whether or not the 24
person has been convicted of an offence in relation to the contravention. 25
(7) Subsection (5) is in addition to, and does not limit, the Criminal 26
Proceeds Confiscation Act 2002. 27
(8) In deciding for subsection (2) the degree of care and diligence that a 28
reasonable person in a like position within WorkCover would exercise, 29
regard must be had to-- 30
(a) the fact that the person is a WorkCover officer; and 31
(b) the application of this Act to WorkCover; and 32
(c) relevant matters required or permitted to be done under this Act 33
in relation to WorkCover; 34
s 418 234 s 418
Workers' Compensation and Rehabilitation Bill 2003
including, for example-- 1
(d) any relevant community service obligations of WorkCover; and 2
(e) any relevant directions, notifications or approvals given to 3
WorkCover by the Minister. 4
(9) Subsection (8) does not limit the matters to which regard may be had 5
for the purposes of subsection (2). 6
(10) In this section-- 7
"WorkCover officer" means-- 8
(a) a WorkCover director; or 9
(b) WorkCover's chief executive officer; or 10
(c) another person who is concerned, or takes part, in WorkCover's 11
management. 12
418 Prohibition on loans to directors 13
(1) WorkCover must not, whether directly or indirectly-- 14
(a) make a loan to a WorkCover director, a spouse of a director or a 15
relative of a director or spouse; or 16
(b) give a guarantee or provide security in connection with a loan 17
made to a WorkCover director, a spouse of a director or a relative 18
of a director or spouse. 19
(2) Subsection (1) does not apply to the entering into by WorkCover of 20
an instrument with a person mentioned in subsection (1) if the instrument is 21
entered into on the same terms as similar instruments, if any, are entered 22
into by WorkCover with members of the public. 23
(3) A WorkCover director must not be knowingly concerned in a 24
contravention of subsection (1) by WorkCover (whether or not in relation 25
to the director). 26
Maximum penalty--100 penalty units. 27
(4) In this section-- 28
"relative" means-- 29
(a) a parent or remoter lineal ancestor; or 30
s 419 235 s 419
Workers' Compensation and Rehabilitation Bill 2003
(b) a son, daughter or remoter issue; or 1
(c) a brother or sister. 2
419 WorkCover not to indemnify WorkCover officers 3
(1) WorkCover must not-- 4
(a) indemnify a person who is or has been a WorkCover officer 5
against a liability incurred as an officer; or 6
(b) exempt a person who is or has been a WorkCover officer from a 7
liability incurred as an officer. 8
(2) An instrument is void so far as it provides for WorkCover to do 9
something that subsection (1) prohibits. 10
(3) Subsection (1) does not prevent WorkCover from indemnifying a 11
person against a civil liability, other than a liability to WorkCover, unless 12
the liability arises out of conduct involving a lack of good faith. 13
(4) Subsection (1) does not prevent WorkCover from indemnifying a 14
person against a liability for costs and expenses incurred by the person-- 15
(a) in defending a proceeding, whether civil or criminal, in which 16
judgment is given in favour of the person or in which the person 17
is acquitted; or 18
(b) in connection with an application in relation to a proceeding in 19
which relief is granted to the person by a court. 20
(5) WorkCover may give an indemnity mentioned in subsection (3) or 21
(4) only with the prior approval of the Minister. 22
(6) In this section-- 23
"indemnify" includes indemnify indirectly through 1 or more interposed 24
entities. 25
"WorkCover officer" means-- 26
(a) a WorkCover director; or 27
(b) WorkCover's chief executive officer; or 28
(c) another person who is concerned, or takes part, in WorkCover's 29
management. 30
s 420 236 s 421
Workers' Compensation and Rehabilitation Bill 2003
420 WorkCover not to pay premiums for certain liabilities of 1
WorkCover officers 2
(1) WorkCover must not pay, or agree to pay, a premium in relation to a 3
contract insuring a person who is or has been a WorkCover officer against 4
a liability-- 5
(a) incurred by the person as an officer; and 6
(b) arising out of conduct involving-- 7
(i) a wilful breach of duty in relation to WorkCover; or 8
(ii) without limiting subparagraph (i), a contravention of 9
section 417(3) or (4).198 10
(2) Subsection (1) does not apply to a liability for costs and expenses 11
incurred by a person in defending proceedings, whether civil or criminal, 12
and whatever their outcome. 13
(3) An instrument is void so far as it insures a person against a liability 14
in contravention of subsection (1). 15
(4) In this section-- 16
"pay" includes pay indirectly through 1 or more interposed entities. 17
"WorkCover officer" means-- 18
(a) a WorkCover director; or 19
(b) WorkCover's chief executive officer; or 20
(c) another person who is concerned, or takes part, in WorkCover's 21
management. 22
421 Examination of persons concerned with WorkCover 23
(1) This section applies if it appears to the Attorney-General that-- 24
(a) a person who has been concerned, or taken part, in WorkCover's 25
management, administration or affairs, has been, or may have 26
been, guilty of fraud, negligence, default, breach of trust or 27
breach of duty or other misconduct in relation to WorkCover; or 28
(b) a person may be capable of giving information about 29
WorkCover's management, administration or affairs. 30
198 Section 417 (Duty and liability of certain officers of WorkCover)
s 421 237 s 421
Workers' Compensation and Rehabilitation Bill 2003
(2) The Attorney-General may apply to the Supreme Court or a District 1
Court for an order under this section about the person. 2
(3) The court may order that the person attend before the court at a time 3
and place fixed by the court to be examined on oath on anything about 4
WorkCover's management, administration or affairs. 5
(4) The examination of the person is to be held in public except so far as 6
the court considers that, because of special circumstances, it is desirable to 7
hold the examination in private. 8
(5) The court may give directions about-- 9
(a) the matters to be inquired into at the examination; and 10
(b) the procedures to be followed at the examination, including, if 11
the examination is to be held in private, the persons who may be 12
present. 13
(6) The person must not fail, without reasonable excuse-- 14
(a) to attend as required by the order; or 15
(b) to continue to attend as required by the court until the completion 16
of the examination. 17
Maximum penalty--200 penalty units or 2 years imprisonment. 18
(7) The person must not fail to take an oath or make an affirmation at the 19
examination. 20
Maximum penalty--200 penalty units or 2 years imprisonment. 21
(8) The person must not fail to answer a question that the person is 22
directed by the court to answer. 23
Maximum penalty--200 penalty units or 2 years imprisonment. 24
(9) The person may be directed by the court, in the order or by 25
subsequent direction, to produce any document in the person's possession, 26
or under the person's control, relevant to the matters on which the person is 27
to be, or is being, examined. 28
(10) The person must not, without reasonable excuse, contravene a 29
direction under subsection (9). 30
Maximum penalty--200 penalty units or 2 years imprisonment. 31
(11) If the court directs the person to produce a document and the person 32
has a lien on the document, the production of the document does not 33
prejudice the lien. 34
s 421 238 s 421
Workers' Compensation and Rehabilitation Bill 2003
(12) The person must not knowingly make a statement at the 1
examination that is false or misleading in a material particular. 2
Maximum penalty--500 penalty units or 5 years imprisonment. 3
(13) The person is not excused from answering a question put to the 4
person at the examination on the ground that the answer might tend to 5
incriminate the person or make the person liable to a penalty. 6
(14) If-- 7
(a) before answering a question put to the person at the examination, 8
the person claims that the answer might tend to incriminate the 9
person or make the person liable to a penalty; and 10
(b) the answer might in fact tend to incriminate the person or make 11
the person liable to a penalty; 12
the answer is not admissible in evidence against the person in-- 13
(c) a criminal proceeding; or 14
(d) a proceeding for the imposition of a penalty; 15
other than a proceeding for an offence against this section or another 16
proceeding in relation to the falsity of the answer. 17
(15) The court may order the questions put to the person and the answers 18
given by the person at the examination to be recorded in writing and may 19
require the person to sign the record. 20
(16) Subject to subsection (14), any written record of the examination 21
signed by the person, or any transcript of the examination that is 22
authenticated by the signature of the examiner, may be used in evidence in 23
any legal proceeding against the person. 24
(17) The person may, at the person's own expense, employ counsel or a 25
solicitor, and the counsel or solicitor may put to the person questions that 26
the court considers just for the purpose of enabling the person to explain or 27
qualify any answers given by the person. 28
(18) The court may adjourn the examination from time to time. 29
(19) If the court is satisfied that the order for the examination of the 30
person was obtained without reasonable cause, the court may order the 31
whole or any part of the costs incurred by the person be paid by the State. 32
s 422 239 s 422
Workers' Compensation and Rehabilitation Bill 2003
422 Power to grant relief 1
(1) If, in a proceeding against a WorkCover officer for negligence, 2
default, breach of trust or breach of duty as an officer, it appears to the 3
court that-- 4
(a) the officer is or may be liable for the negligence, default or 5
breach; and 6
(b) the officer has acted honestly; and 7
(c) having regard to all the circumstances of the case, including 8
circumstances connected with the officer's appointment, the 9
officer ought fairly to be excused for the negligence, default or 10
breach; 11
the court may relieve the officer, completely or partly, from liability on 12
terms that the court considers appropriate. 13
(2) If a WorkCover officer believes that a claim will or might be made 14
against the officer for negligence, default, breach of trust or breach of duty 15
as an officer, the officer may apply to the Supreme Court or a District 16
Court for relief. 17
(3) The court has the same power to relieve the officer as it would have 18
if a proceeding had been brought against the officer in the court for the 19
negligence, default or breach. 20
(4) If-- 21
(a) a proceeding mentioned in subsection (1) is being tried by a 22
judge with a jury; and 23
(b) the judge, after hearing the evidence, is satisfied that the 24
defendant ought under that subsection be relieved, completely or 25
partly, from the liability sought to be enforced against the person; 26
the judge may withdraw the case, completely or partly, from the jury and 27
direct that judgment be entered for the defendant on the terms, as to costs 28
or otherwise, the judge considers appropriate. 29
(4) In this section-- 30
"WorkCover officer" means-- 31
(a) a WorkCover director; or 32
(b) a WorkCover employee. 33
s 423 240 s 424
Workers' Compensation and Rehabilitation Bill 2003
423 False or misleading information or documents 1
(1) A WorkCover officer must not make a statement concerning the 2
affairs of WorkCover to another WorkCover officer or the Minister that the 3
first officer knows is false or misleading in a material particular. 4
(2) A complaint against a person for an offence against subsection (1) is 5
sufficient if it states that the statement was false or misleading to the 6
person's knowledge, without specifying which. 7
(3) A WorkCover officer must not give to another WorkCover officer or 8
the Minister a document containing information that the first officer knows 9
is false or misleading in a material particular without-- 10
(a) indicating to the recipient that the document is false or 11
misleading and the respect in which the document is false or 12
misleading; and 13
(b) giving the correct information to the recipient if the first officer 14
has, or can reasonably obtain, the correct information. 15
Maximum penalty-- 16
(a) if the contravention is committed with intent to deceive or 17
defraud WorkCover, creditors of WorkCover or creditors of 18
another person or for another fraudulent purpose--500 penalty 19
units or 5 years imprisonment; or 20
(b) in any other case--100 penalty units. 21
(4) In this section-- 22
"WorkCover officer" means-- 23
(a) a WorkCover director; or 24
(b) a WorkCover employee. 25
PART 4--BOARD OF DIRECTORS 26
Division 1--Establishment of WorkCover's board 27
424 Establishment of board 28
(1) WorkCover's board of directors is established. 29
s 425 241 s 427
Workers' Compensation and Rehabilitation Bill 2003
(2) The board consists of not more than 7 members appointed by the 1
Governor in Council. 2
425 Appointment of chairperson and deputy chairperson 3
(1) The Governor in Council may appoint a director to be the board's 4
chairperson and another director to be the board's deputy chairperson. 5
(2) The deputy chairperson is to act as chairperson-- 6
(a) during a vacancy in the office of chairperson; and 7
(b) during all periods when the chairperson is absent from duty or is, 8
for another reason, unable to perform the functions of the office. 9
426 Regard to particular ability in appointment of directors 10
(1) In appointing a person as a director, the Governor in Council must 11
have regard to the person's ability to make a contribution to WorkCover's 12
implementation of its statement of corporate intent and to its performance 13
as a commercial enterprise. 14
(2) A person is not eligible for appointment as a director if the person is 15
not able to manage a corporation because of the Corporations Act, 16
part 2D.6.199 17
427 Role of board 18
The board's role includes the following-- 19
(a) ensuring that, as far as possible, WorkCover achieves, and acts in 20
accordance with, its statement of corporate intent and carries out 21
the objectives outlined in its statement of corporate intent; 22
(b) accounting to the Minister for its performance as required by this 23
Act or under another law applying to WorkCover; 24
(c) responsibility for WorkCover's commercial policy and 25
management; 26
(d) notifying the Minister and the Authority of the methods and rates 27
it proposes to use to assess premiums; 28
199 Corporations Act, part 2D.6 (Disqualification from managing corporations)
s 428 242 s 430
Workers' Compensation and Rehabilitation Bill 2003
(e) giving timely advice to the Authority on information impacting 1
on the workers' compensation scheme; 2
(f) performing other functions conferred on the board under this or 3
another Act; 4
(g) ensuring WorkCover otherwise performs its functions in a 5
proper, effective and efficient way. 6
428 Delegation by board 7
(1) The board may, by resolution, delegate its powers to-- 8
(a) a WorkCover director; or 9
(b) a committee of the board; or 10
(c) WorkCover's chief executive officer; or 11
(d) an appropriately qualified WorkCover employee. 12
(2) In subsection (1)-- 13
"appropriately qualified" includes having the qualifications, experience 14
or standing appropriate to exercise the power. 15
16
Example of standing--
17
The level at which a person is employed within WorkCover.
Division 2--Meetings and other business of board 18
429 Meaning of "required minimum number" of directors 19
In this division-- 20
"required minimum number" of directors means the number that is half 21
the number of directors of which the board for the time being consists 22
or, if that number is not a whole number, the next higher whole 23
number. 24
430 Conduct of meetings and other business 25
Subject to this division, the board may conduct its business, including its 26
meetings, in the way it considers appropriate. 27
s 431 243 s 433
Workers' Compensation and Rehabilitation Bill 2003
431 Times and places of meetings 1
(1) Meetings of the board are to be held at the times and places that the 2
board decides. 3
(2) However, the chairperson-- 4
(a) may at any time convene a meeting; and 5
(b) must convene a meeting when asked by at least the required 6
minimum number of directors. 7
432 Presiding at meetings 8
(1) The chairperson is to preside at all meetings at which the chairperson 9
is present. 10
(2) If the chairperson is not present at a meeting, the deputy chairperson 11
is to preside. 12
(3) If both the chairperson and deputy chairperson are not present at a 13
meeting, the director chosen by the directors present at the meeting is to 14
preside. 15
433 Quorum and voting at meetings 16
(1) At a meeting of the board-- 17
(a) the required minimum number of directors constitute a quorum; 18
and 19
(b) a question is to be decided by a majority of the votes of the 20
directors present and voting; and 21
(c) each director present has a vote on each question arising for 22
decision and, if the votes are equal, the director presiding also 23
has a casting vote. 24
(2) Subsection (1)(a) has effect subject to section 416.200 25
200 Section 416 (Voting by interested director)
s 434 244 s 437
Workers' Compensation and Rehabilitation Bill 2003
434 Participation in meetings 1
(1) The board may hold meetings, or allow directors to take part in its 2
meetings, by using any technology that reasonably allows directors to hear 3
and take part in discussions as they happen. 4
5
Example of use of technology--
6
Teleconferencing.
(2) A director who takes part in a meeting under subsection (1) is taken 7
to be present at the meeting. 8
435 Resolutions without meetings 9
(1) If at least a majority of directors sign a document containing a 10
statement that they are in favour of a resolution stated in the document, a 11
resolution in those terms is taken to have been passed at a meeting of the 12
board held-- 13
(a) on the day on which the document is signed; or 14
(b) if the directors do not sign it on the same day, the day on which 15
the last of the directors constituting the majority signs the 16
document. 17
(2) If a resolution is, under subsection (1), taken to have been passed at a 18
meeting of the board, each director must immediately be advised of the 19
matter and given a copy of the terms of the resolution. 20
(3) For subsection (1), 2 or more separate documents containing a 21
statement in identical terms, each of which is signed by 1 or more directors, 22
are taken to constitute a single document. 23
436 Minutes 24
The board must keep minutes of its proceedings. 25
Division 3--Other provisions about directors 26
437 Term of appointment of directors 27
A director is to be appointed by the Governor in Council for a term of 28
not more than 5 years. 29
s 438 245 s 441
Workers' Compensation and Rehabilitation Bill 2003
438 Terms of appointment not provided for under Act 1
(1) In relation to matters not provided for under this Act, a director holds 2
office on the terms of appointment decided by the Governor in Council. 3
(2) Except as decided by the Governor in Council, a director is not 4
entitled to receive any payment, any interest in property or other valuable 5
consideration or benefit-- 6
(a) by way of remuneration as a director; or 7
(b) in connection with retirement from office, or other termination of 8
office, as a director. 9
439 Appointment of acting director 10
The Governor in Council may appoint a person to act as a director during 11
any period, or all periods, when a director is absent from duty or is, for 12
another reason, unable to perform the functions of the office. 13
440 Resignation 14
(1) A director, or person appointed under section 425201 may resign by 15
signed notice given to the Governor. 16
(2) The chairperson or deputy chairperson may resign as chairperson or 17
deputy chairperson and remain a director. 18
441 Termination of appointment as director 19
(1) The Governor in Council may, at any time, terminate the 20
appointment of all or any directors of the board for any reason or none. 21
(2) If a person who is a public service officer when appointed as a 22
director ceases to be a public service officer, the person ceases to be a 23
director. 24
201 Section 425 (Appointment of chairperson and deputy chairperson)
s 442 246 s 444
Workers' Compensation and Rehabilitation Bill 2003
PART 5--THE CHIEF EXECUTIVE OFFICER 1
442 WorkCover's chief executive officer 2
(1) WorkCover is to have a chief executive officer. 3
(2) The chief executive officer is to be appointed by the Governor in 4
Council, by gazette notice, on the board's recommendation. 5
(3) The chief executive officer is to be appointed under this Act and not 6
under the Public Service Act 1996. 7
(4) A person appointed as the chief executive officer must enter into a 8
contract with WorkCover. 9
(5) The contract must be signed for WorkCover by the board's 10
chairperson. 11
(6) The conditions of the contract are to be decided by the board. 12
(7) The contract must state the conditions of appointment, including-- 13
(a) a term of the contract of not longer than 5 years; and 14
(b) the remuneration to which the person is entitled. 15
(8) Subsection (7)(a) does not prevent the chief executive officer from 16
being reappointed. 17
(9) An industrial instrument does not apply to a person appointed as the 18
chief executive officer. 19
(10) However, subsection (9) has no effect on the Industrial Relations 20
Act 1999, section 276 or chapter 3.202 21
443 Duties of chief executive officer 22
WorkCover's chief executive officer is, under the board, to manage 23
WorkCover. 24
444 Things done by chief executive officer 25
Anything done in the name of, or for, WorkCover by its chief executive 26
officer is taken to have been done by WorkCover. 27
202 Industrial Relations Act 1999, section 276 (Power to amend or void contracts) or
chapter 3 (Dismissals)
s 445 247 s 447
Workers' Compensation and Rehabilitation Bill 2003
445 Delegation by chief executive officer 1
(1) WorkCover's chief executive officer may delegate the chief 2
executive officer's powers, including a power delegated to the chief 3
executive officer, to an appropriately qualified WorkCover employee. 4
(2) Subsection (1) has effect subject to any directions of the board 5
further limiting the power to delegate. 6
(3) In subsection (1)-- 7
"appropriately qualified" includes having the qualifications, experience 8
or standing appropriate to exercise the power. 9
10
Example of standing--
11
The level at which a person is employed within WorkCover.
446 Additional provisions relating to chief executive officer 12
(1) The board may appoint a person to act as chief executive officer-- 13
(a) during a vacancy in the office; or 14
(b) during any period, or all periods, when the chief executive officer 15
is absent from duty or is, for another reason, unable to perform 16
the functions of the office. 17
(2) The chief executive officer may resign by signed notice given to the 18
chairperson. 19
(3) The board may, at any time, terminate the appointment of the chief 20
executive officer for any reason or none. 21
(4) The termination of the appointment of the chief executive officer 22
does not affect a right to which the chief executive officer is entitled under 23
the terms of the chief executive officer's appointment. 24
PART 6--OTHER EMPLOYMENT PROVISIONS 25
447 Appointment of senior executives 26
(1) Senior executives of WorkCover may be appointed by the Governor 27
in Council, by gazette notice, on the board's recommendation. 28
s 448 248 s 448
Workers' Compensation and Rehabilitation Bill 2003
(2) A senior executive is to be appointed under this Act and not under 1
the Public Service Act 1996. 2
(3) Subsection (2) does not affect the Public Service Act 1996, 3
section 22.203 4
(4) A person appointed as a senior executive must enter into a contract 5
with WorkCover. 6
(5) The conditions of the contract are to be decided by the board. 7
(6) The contract must state the conditions of appointment, including-- 8
(a) a term of the contract of not longer than 5 years; and 9
(b) the remuneration to which the person is entitled. 10
(7) The contract must be signed for WorkCover by the board's 11
chairperson. 12
(8) Subsection (6)(a) does not prevent the senior executive from being 13
reappointed. 14
(9) An industrial instrument does not apply to a person appointed as a 15
senior executive. 16
(10) However, subsection (9) has no effect on the Industrial Relations 17
Act 1999, section 276 or chapter 3.204 18
448 Basis of employment generally 19
(1) This section does not apply to WorkCover's chief executive officer 20
or a senior executive. 21
(2) WorkCover may employ persons it considers necessary or 22
convenient for the administration of its functions or powers under this or 23
any Act. 24
(3) The employment conditions of WorkCover's employees are to be 25
decided by WorkCover, subject to any applicable industrial instrument. 26
(4) WorkCover's employees are to be employed under this Act, and not 27
the Public Service Act 1996. 28
203 Public Service Act 1996, section 22 (Application of Act to certain pubic sector units
etc.)
204 Industrial Relations Act 1999, section 276 (Power to amend or void contracts) or
chapter 3 (Dismissals)
s 449 249 s 451
Workers' Compensation and Rehabilitation Bill 2003
(5) Subsection (4) does not affect the Public Service Act 1996, 1
section 22.205 2
449 Superannuation schemes 3
(1) WorkCover may-- 4
(a) establish or amend superannuation schemes; or 5
(b) join in establishing or amending superannuation schemes; or 6
(c) take part in superannuation schemes. 7
(2) The auditor-general may audit the schemes. 8
(3) Subsection (2) is subject to the Financial Administration and Audit 9
Act 1977, part 6.206 10
450 Arrangements relating to staff 11
(1) WorkCover may arrange with the chief executive of a department, or 12
with an authority of the State, for the services of officers or employees of 13
the department or authority to be made available to it. 14
(2) WorkCover may arrange with the appropriate authority of the 15
Commonwealth or another State, or with an authority of the 16
Commonwealth or another State, for the services of officers or employees 17
of the public service of the Commonwealth or State, or of the authority, to 18
be made available to it. 19
(3) WorkCover may arrange for the service of a WorkCover employee to 20
be made available to-- 21
(a) the Commonwealth or another State; or 22
(b) an authority of the Commonwealth or another State. 23
451 Employment and industrial relations plan 24
(1) WorkCover's board must prepare an employment and industrial 25
relations plan. 26
205 Public Service Act 1996, section 22 (Application of Act to certain public sector units
etc.)
206 Financial Administration and Audit Act 1977, part 6 (Audit of consolidated fund and
public sector entities)
s 452 250 s 455
Workers' Compensation and Rehabilitation Bill 2003
(2) The plan must specify the arrangements for all major employment 1
and industrial relations issues for WorkCover. 2
452 EEO legislation is applicable 3
WorkCover is a unit of public sector under the Equal Opportunity in 4
Public Employment Act 1992. 5
PART 7--FINANCIAL PROVISIONS 6
453 WorkCover's solvency 7
(1) WorkCover is taken to be fully funded if WorkCover-- 8
(a) is able to meet its liabilities for compensation and damages 9
payable from its funds and accounts; and 10
(b) maintains minimum solvency of at least 15%; and 11
(c) complies with any extra solvency requirements prescribed under 12
a regulation. 13
(2) A reference in this section to WorkCover's solvency is a reference to 14
the amount by which WorkCover's assets exceed the amount of its 15
liabilities for outstanding claims. 16
454 Application of financial legislation 17
WorkCover is-- 18
(a) a statutory body under the Financial Administration and Audit 19
Act 1977; and 20
(b) a statutory body under the Statutory Bodies Financial 21
Arrangements Act 1982. 22
455 Liability for State taxes 23
(1) WorkCover is not exempt from State tax merely because it represents 24
the State. 25
s 456 251 s 457
Workers' Compensation and Rehabilitation Bill 2003
(2) A regulation, or the Treasurer by certificate, may exempt WorkCover 1
from liability to pay a State tax, other than a duty under the Duties Act 2
2001, completely or partly. 3
(3) State tax is not payable for anything done, including, for example, a 4
transaction entered into or an instrument made, executed, lodged or given, 5
because of, or for a purpose connected with or arising out of, chapter 15.207 6
(4) The Treasurer may certify that a specified matter, instrument, 7
transaction or thing is exempt from State tax under subsection (3), and the 8
matter, instrument, transaction or thing is exempt from State tax. 9
(5) So far as the legislative power of the Parliament permits, the 10
reference in subsection (3) to State tax includes a reference to tax imposed 11
under an Act of another State. 12
456 Liability for Commonwealth tax equivalents 13
(1) WorkCover must pay amounts to the Treasurer for payment into the 14
consolidated fund as required under the tax equivalent manual. 15
(2) For subsection (1), the tax equivalent manual applies as if 16
WorkCover were a GOC. 17
(3) In this section-- 18
"tax equivalents manual" means the tax equivalent manual issued under 19
the Government Owned Corporations Act 1993, section 155.208 20
457 Funds and accounts 21
(1) WorkCover may establish funds and accounts. 22
(2) WorkCover must pay into the funds and accounts all amounts 23
received by it. 24
(3) WorkCover may pay out of a WorkCover fund-- 25
(a) amounts in relation to policies, whether of accident insurance or 26
other insurance business undertaken by or for WorkCover; or 27
207 Chapter 15 (Transitional provisions)
208 Government Owned Corporations Act 1993, section 155 (Liability for
Commonwealth tax equivalents)
s 458 252 s 460
Workers' Compensation and Rehabilitation Bill 2003
(b) amounts for the administration of accident insurance or other 1
insurance business undertaken by or for WorkCover; or 2
(c) amounts WorkCover considers appropriate for the performance 3
of its functions; or 4
(d) other amounts that WorkCover may or must pay for any purpose 5
under this or another Act. 6
458 Reserves 7
(1) WorkCover may establish reserves it considers appropriate for the 8
performance of its functions. 9
(2) The reserves are not to be taken into account in determining solvency 10
under section 453. 11
459 Procedures for borrowing 12
(1) WorkCover may borrow in accordance with its policies, as outlined 13
in its statement of corporate intent, to minimise and manage any risk of 14
investments and borrowings that may adversely affect its financial 15
stability. 16
(2) If a proposed borrowing is in accordance with those policies, the 17
Statutory Bodies Financial Arrangements Act 1982 does not apply to the 18
borrowing. 19
460 Payment to consolidated fund 20
(1) For any financial year, WorkCover may pay to the consolidated fund 21
a proportion of a surplus in WorkCover's funds. 22
(2) WorkCover may only make a payment under this section if 23
WorkCover is fully funded, and the payment does not stop WorkCover 24
being fully funded. 25
(3) WorkCover's payment must not exceed profits after provision has 26
been made for-- 27
(a) payment of income tax and its equivalents; and 28
(b) exclusion of unrealised capital gains from upward revaluation of 29
non-current assets. 30
s 461 253 s 462
Workers' Compensation and Rehabilitation Bill 2003
(4) Within 4 months after the end of each financial year, the board 1
must-- 2
(a) recommend to the Minister whether or not WorkCover may make 3
a payment; and 4
(b) if the board recommends WorkCover make a 5
payment--recommend to the Minister the amount WorkCover 6
should pay. 7
(5) The board must consult with the Minister before giving the 8
recommendation. 9
(6) Within 1 month after receiving the recommendation, the Minister 10
must-- 11
(a) approve the recommendation; or 12
(b) direct the board to pay an amount the Minister specifies. 13
(7) The Minister must cause a copy of the direction to be published in 14
the industrial gazette within 21 days after it is given. 15
461 Additional financial reporting requirements 16
(1) As soon as practicable after the end of each financial year, 17
WorkCover must give the Minister a report stating the extent to which 18
WorkCover is fully funded. 19
(2) WorkCover must seek the advice of an appropriately qualified 20
actuary in preparing the report. 21
PART 8--AUTHORISED PERSONS 22
Division 1--General 23
462 Function of authorised person 24
An authorised person of WorkCover has the function of conducting 25
investigations and inspections to monitor compliance with the 26
requirements of WorkCover in the discharge of its functions under this Act. 27
s 463 254 s 467
Workers' Compensation and Rehabilitation Bill 2003
463 Authorised person subject to WorkCover's directions 1
An authorised person is subject to WorkCover's directions in exercising 2
powers of an authorised person. 3
464 Powers of authorised persons 4
An authorised person has the powers given to the person under this Act 5
or another Act. 6
465 Limitation on powers of authorised person 7
The powers of an authorised person may be limited-- 8
(a) under a regulation; or 9
(b) under a condition of appointment; or 10
(c) by written notice given by WorkCover to the authorised person. 11
Division 2--Appointment of authorised persons and other matters 12
466 Appointment of authorised persons 13
(1) WorkCover may appoint a WorkCover employee as an authorised 14
person. 15
(2) WorkCover may appoint a WorkCover employee as an authorised 16
person only if WorkCover considers the employee has the necessary 17
expertise or experience to be an authorised person. 18
467 Authorised person's appointment conditions 19
(1) An authorised person holds office on the conditions stated in the 20
instrument of appointment. 21
(2) An authorised person-- 22
(a) if the appointment provides for a term of appointment--ceases 23
holding office at the end of the term; and 24
(b) may resign by signed notice given to WorkCover; and 25
s 468 255 s 469
Workers' Compensation and Rehabilitation Bill 2003
(c) if the conditions of appointment provide--ceases holding office 1
as an authorised person on ceasing to hold another office stated in 2
the appointment conditions (the "main office"). 3
(3) However, an authorised person may not resign from the office of 4
authorised person (the "secondary office") if a term of the authorised 5
person's employment to the main office requires the authorised person to 6
hold the secondary office. 7
468 Authorised person's identity card 8
(1) WorkCover must give an identity card to each authorised person. 9
(2) The identity card must-- 10
(a) contain a recent photograph of the authorised person; and 11
(b) be signed by the authorised person; and 12
(c) identify the person as an authorised person for WorkCover; and 13
(d) include an expiry date; and 14
(e) be signed by WorkCover's chief executive officer. 15
(3) A person who ceases to be an authorised person must return the 16
person's identity card to WorkCover within 7 days after the person ceases 17
to be an authorised person, unless the person has a reasonable excuse. 18
Maximum penalty--10 penalty units. 19
469 Display of authorised person's identity card 20
(1) An authorised person may exercise a power in relation to someone 21
else only if the authorised person-- 22
(a) first produces his or her identity card for the person's inspection; 23
or 24
(b) has the identity card displayed so it is clearly visible to the 25
person. 26
(2) However, if for any reason it is not practicable to comply with 27
subsection (1), the authorised person must produce the identity card for 28
inspection by the person at the first reasonable opportunity. 29
s 470 256 s 473
Workers' Compensation and Rehabilitation Bill 2003
470 Protection from liability 1
(1) An authorised person does not incur civil liability for an act done, or 2
omission made, honestly and without negligence under this Act. 3
(2) If subsection (1) prevents a civil liability attaching to an authorised 4
person, the liability attaches instead to WorkCover. 5
PART 9--OTHER PROVISIONS ABOUT WORKCOVER 6
471 WorkCover's seal 7
(1) WorkCover's seal is to be kept in the custody directed by the board 8
and may be used only as authorised by the board. 9
(2) The affixing of the seal to a document must be attested by-- 10
(a) 2 or more directors; or 11
(b) at least 1 director and the chief executive officer; or 12
(c) a director or the chief executive officer and 1 or more persons 13
authorised by the board. 14
(3) Judicial notice must be taken of the imprint of WorkCover's seal 15
appearing on a document. 16
472 Authentication of documents 17
A document made by WorkCover, other than a document that is required 18
by law to be sealed, is sufficiently authenticated if it is signed by-- 19
(a) the chairperson of the board; or 20
(b) its chief executive officer; or 21
(c) a person authorised to sign the document by-- 22
(i) resolution of the board; or 23
(ii) direction of its chief executive officer. 24
473 Judicial notice of certain signatures 25
Judicial notice must be taken of-- 26
s 474 257 s 475
Workers' Compensation and Rehabilitation Bill 2003
(a) the official signature of a person who is or has been chairperson 1
of WorkCover's board, a WorkCover director or WorkCover's 2
chief executive officer; and 3
(b) the fact that the person holds or has held the relevant office. 4
474 Giving of documents to board 5
If this Act authorises or requires a document to be given to WorkCover's 6
board, it may be given to the board's chairperson. 7
475 Application of various other Acts 8
(1) WorkCover is-- 9
(a) a unit of public administration under the Crime and Misconduct 10
Act 2001; and 11
(b) a public authority under the Ombudsman Act 2001. 12
(2) The Freedom of Information Act 1992 does not apply to a document 13
received or brought into existence by WorkCover in carrying out its 14
excluded activities. 15
(3) In this section-- 16
"community service obligations" see section 409.209 17
"excluded activities" means-- 18
(a) commercial activities other than activities about policies, 19
applications for compensation, proceedings for damages; or 20
(b) community service obligations prescribed under a regulation. 21
209 Section 409 (Meaning of "community service obligations")
s 476 258 s 477
Workers' Compensation and Rehabilitation Bill 2003
CHAPTER 9--THE MINISTER 1
PART 1--THE MINISTER AND THE AUTHORITY 2
476 Reserve power of Minister to give directions in public interest 3
(1) The Minister may give the Authority's board a written direction in 4
relation to the Authority if the Minister is satisfied that it is necessary to 5
give the direction in the public interest. 6
(2) The board must ensure the direction is complied with in relation to 7
the Authority. 8
(3) Before giving the direction, the Minister must consult with the board. 9
(4) The Minister must cause a copy of the direction to be-- 10
(a) published in the industrial gazette within 21 days after it is given; 11
and 12
(b) tabled in the Legislative Assembly within 14 sitting days after it 13
is given. 14
477 Additional power to direct Authority 15
(1) The Minister may give the Authority a written direction for the 16
administration of this Act. 17
(2) Before giving the direction, the Minister must-- 18
(a) consult with the board; and 19
(b) ask the board to advise the Minister whether it considers 20
complying with the direction would adversely affect the 21
performance of its functions. 22
(3) Subsection (2) does not apply if the Minister's direction is in 23
response to a written recommendation of the board about the relevant 24
matter, whether or not the direction implements the recommendation. 25
(4) The board must comply with the direction. 26
(5) The Minister must cause a copy of the direction to be-- 27
(a) published in the industrial gazette within 21 days after it is given; 28
and 29
s 478 259 s 478
Workers' Compensation and Rehabilitation Bill 2003
(b) tabled in the Legislative Assembly within 14 sitting days after it 1
is given. 2
478 Monitoring and assessment of Authority 3
(1) The Minister may delegate the Minister's powers under 4
section 334210 to-- 5
(a) for any provision of section 334--the chief executive of the 6
department (the "department chief executive") or an 7
appropriately qualified public service officer of the department; 8
or 9
(b) for section 334(1)(a) or (b)--a person appropriately qualified to 10
assess the matters mentioned in section 334(1)(a). 11
(2) The Minister may ask the department chief executive to investigate, 12
and report to the Minister on, any matter relating to the Authority. 13
(3) For an investigation under this section of a matter relating to the 14
Authority, the department chief executive may give the Authority written 15
directions. 16
(4) Without limiting subsection (3), the department chief executive may 17
direct the Authority-- 18
(a) to give to the department chief executive any information about 19
the Authority that the department chief executive considers 20
necessary or desirable in connection with the investigation; and 21
(b) to permit persons authorised by the department chief executive to 22
have access to specified documents about the Authority that the 23
department chief executive considers necessary or desirable in 24
connection with the investigation; and 25
(c) to take steps that the department chief executive considers 26
necessary or desirable for the purposes of the investigation. 27
(5) The Authority must ensure that any direction given to it under this 28
section is complied with. 29
(6) The department chief executive may delegate to an officer of the 30
department or another person the chief executive's powers under this 31
section, including powers delegated to the chief executive under 32
subsection (1)(b). 33
210 Section 334 (Board to keep Minister informed)
s 479 260 s 480
Workers' Compensation and Rehabilitation Bill 2003
479 Amounts payable by Authority on Minister's instruction 1
(1) The Authority must make payments to organisations or bodies that 2
the Minister considers will help in-- 3
(a) the treatment or alleviation of injury sustained by workers; or 4
(b) the prevention or recognition of injury to workers; or 5
(c) making employers and workers aware of their rights, and 6
procedures they need to follow, under the Act. 7
(2) A payment must be approved by the Governor in Council by 8
industrial gazette notice before it is made. 9
(3) The Minister must cause a copy of the approval to be tabled in the 10
Legislative Assembly within 14 sitting days after it is given. 11
PART 2--THE MINISTER AND WORKCOVER 12
480 Reserve power of Minister to notify board of public sector policies 13
(1) The Minister may notify WorkCover's board, in writing, of a public 14
sector policy that is to apply to WorkCover if the Minister is satisfied that it 15
is necessary to give the notification in the public interest. 16
(2) The board must ensure the policy is carried out in relation to 17
WorkCover. 18
(3) Before giving the notification, the Minister must-- 19
(a) consult with the board; and 20
(b) ask the board to advise the Minister whether, in its opinion, 21
carrying out the policy would not be in the commercial interests 22
of WorkCover. 23
(4) The Minister must cause a copy of the notification to be-- 24
(a) published in the industrial gazette within 21 days after it is given; 25
and 26
(b) tabled in the Legislative Assembly within 14 sitting days after it 27
is given. 28
s 481 261 s 482
Workers' Compensation and Rehabilitation Bill 2003
481 Reserve power of Minister to give directions in public interest 1
(1) The Minister may give the board a written direction in relation to 2
WorkCover if the Minister is satisfied that it is necessary to give the 3
direction in the public interest. 4
(2) The board must ensure the direction is complied with in relation to 5
WorkCover. 6
(3) Before giving the direction, the Minister must-- 7
(a) consult with the board; and 8
(b) ask the board to advise the Minister whether, in its opinion, 9
complying with the direction would not be in the commercial 10
interests of WorkCover. 11
(4) The Minister must cause a copy of the direction to be-- 12
(a) published in the industrial gazette within 21 days after it is given; 13
and 14
(b) tabled in the Legislative Assembly within 14 sitting days after it 15
is given. 16
482 Additional power to direct WorkCover 17
(1) This section applies to anything other than a commercial activity of 18
WorkCover. 19
(2) The Minister may give WorkCover a written direction for the 20
administration of this Act. 21
(3) Before giving the direction, the Minister must-- 22
(a) consult with WorkCover's board; and 23
(b) ask the board to advise the Minister whether it considers 24
complying with the direction would adversely affect the 25
performance of its functions. 26
(4) Subsection (3) does not apply if the Minister's direction is in 27
response to a written recommendation of the board about the relevant 28
matter, whether or not the direction implements the recommendation. 29
(5) The board must comply with the direction. 30
(6) The Minister must cause a copy of the direction to be-- 31
s 483 262 s 483
Workers' Compensation and Rehabilitation Bill 2003
(a) published in the industrial gazette within 21 days after it is given; 1
and 2
(b) tabled in the Legislative Assembly within 14 sitting days after it 3
is given. 4
483 Notice of suspected threat to full funding because of direction or 5
notification 6
(1) This section applies if-- 7
(a) the board is given a direction or notification by the Minister; and 8
(b) the board suspects that complying with the direction or 9
notification will threaten WorkCover's ability to achieve or 10
maintain full funding. 11
(2) The board must immediately give written notice to the Minister and 12
the auditor-general of the suspicion and its reasons for its opinion. 13
(3) The notice must state that it is given under this section. 14
(4) The giving of the notice operates to suspend the direction or 15
notification until the Minister gives a written direction to the board 16
stating-- 17
(a) whether the direction or notification mentioned in subsection (1) 18
is to be-- 19
(i) revoked and replaced with an alternative direction or 20
notification; or 21
(ii) revoked; or 22
(iii) complied with by the board; and 23
(b) the reasons for the direction. 24
(5) The board must ensure the direction under subsection (4) is complied 25
with, subject to subsection (7). 26
(6) The Minister must cause a copy of the written notice given by the 27
board to the Minister and the auditor-general and the Minister's direction 28
under subsection (4) to be-- 29
(a) published in the industrial gazette within 21 days after it is given; 30
and 31
(b) tabled in the Legislative Assembly within 14 sitting days after it 32
is given. 33
s 484 263 s 486
Workers' Compensation and Rehabilitation Bill 2003
(7) This section applies to an alternative direction mentioned in 1
subsection (4)(a)(i) in the way it applies to any other direction. 2
484 WorkCover and WorkCover's board not otherwise subject to 3
government direction 4
Other than as provided by this or another Act, WorkCover and its board 5
are not subject to direction by or on behalf of the Government. 6
485 Minister not director etc. 7
(1) The Minister is not to be treated as a WorkCover director. 8
(2) The Minister does not incur civil liability for an act or omission done 9
or omitted to be done honestly and without negligence under or for this Act 10
in relation to WorkCover. 11
(3) A liability that would, apart from subsection (2), attach to the 12
Minister attaches instead to the State. 13
(4) This section has effect despite the Corporations Act. 14
486 Monitoring and assessment of WorkCover 15
(1) The Minister may delegate the Minister's powers under 16
section 414211 to-- 17
(a) for any provision of section 414--the chief executive of the 18
department (the "department chief executive") or an 19
appropriately qualified public service officer of the department; 20
or 21
(b) for section 414(1)(a) or (b)--a person appropriately qualified to 22
assess the matters mentioned in section 414(1)(a). 23
(2) The Minister may ask the department chief executive to investigate, 24
and report to the Minister on, any matter relating to WorkCover. 25
(3) For an investigation under this section of a matter relating to 26
WorkCover, the department chief executive may give WorkCover written 27
directions. 28
211 Section 414 (Board to keep Minister informed)
s 487 264 s 488
Workers' Compensation and Rehabilitation Bill 2003
(4) Without limiting subsection (3), the department chief executive may 1
direct WorkCover-- 2
(a) to give to the department chief executive any information about 3
WorkCover that the department chief executive considers 4
necessary or desirable in connection with the investigation; and 5
(b) to permit persons authorised by the department chief executive to 6
have access to specified documents about WorkCover that the 7
department chief executive considers necessary or desirable in 8
connection with the investigation; and 9
(c) to take steps that the department chief executive considers 10
necessary or desirable for the purposes of the investigation. 11
(5) WorkCover must ensure that any direction given to it under this 12
section is complied with. 13
(6) The department chief executive may delegate to an officer of the 14
department or another person the chief executive's powers under this 15
section, including powers delegated to the chief executive under 16
subsection (1)(b). 17
CHAPTER 10--WORKERS' COMPENSATION 18
ADVISORY COMMITTEES 19
487 Establishment of committees 20
The Minister may establish 1 or more workers' compensation advisory 21
committees. 22
488 Membership of committee 23
(1) A committee consists of the number of members appointed by the 24
Minister. 25
(2) The members of a committee must include the following-- 26
(a) a person who represents workers; 27
(b) a person who represents employers; 28
(c) a person who represents the Government; 29
s 489 265 s 491
Workers' Compensation and Rehabilitation Bill 2003
(d) a person who represents self-insurers; 1
(e) a person who represents the Authority; 2
(f) a person who represents WorkCover; 3
(g) a person who has other experience the Minister considers 4
appropriate. 5
489 Role of committee 6
(1) The role of a committee is to consider any matter referred to it by the 7
Minister. 8
(2) The committee may make the recommendations to the Minister it 9
considers appropriate about a matter within the scope of the matter 10
referred. 11
CHAPTER 11--MEDICAL ASSESSMENT 12
TRIBUNALS 13
PART 1--OBJECT 14
490 Object of ch 11 15
The object of this chapter is to provide for an independent system of 16
medical review and assessment of injury and impairment sustained by 17
workers. 18
PART 2--COMPOSITION AND PROCEEDINGS OF 19
TRIBUNALS 20
491 Assessment tribunals to be maintained 21
There are to be maintained for this Act a General Medical Assessment 22
Tribunal and the following specialty medical assessment tribunals-- 23
s 492 266 s 493
Workers' Compensation and Rehabilitation Bill 2003
(a) Cardiac Assessment Tribunal; 1
(b) Orthopaedic Assessment Tribunal; 2
(c) Dermatology Assessment Tribunal; 3
(d) Ear, Nose and Throat Assessment Tribunal; 4
(e) Neurology/Neurosurgical Assessment Tribunal; 5
(f) Ophthalmology Assessment Tribunal; 6
(g) Disfigurement Assessment Tribunal. 7
492 General Medical Assessment Tribunal 8
(1) The General Medical Assessment Tribunal consists of a chairperson 9
and 2 other members appointed under this section. 10
(2) The Governor in Council, by gazette notice, may appoint, for a 11
specified period of not more than 3 years, a panel of doctors who may be 12
designated to the General Medical Assessment Tribunal. 13
(3) Every appointee must be a specialist in the speciality for which the 14
appointment is made. 15
(4) The panel must consist of-- 16
(a) at least 3 physicians; and 17
(b) at least 1 of each of the following specialists-- 18
(i) vascular surgeon; 19
(ii) general surgeon; 20
(iii) urologist; 21
(iv) psychiatrist; 22
(v) gynaecologist; 23
(vi) thoracic physician; 24
(vii) rheumatologist. 25
493 Chairperson and deputy chairperson of General Medical 26
Assessment Tribunal 27
(1) The Governor in Council, by gazette notice, may appoint 1 physician 28
appointed to the panel to be chairperson, and 2 or more other physicians 29
s 494 267 s 495
Workers' Compensation and Rehabilitation Bill 2003
appointed to the panel to be deputy chairpersons, of the General Medical 1
Assessment Tribunal. 2
(2) If the chairperson is not available to attend to the business of the 3
General Medical Assessment Tribunal, a deputy chairperson must act as 4
chairperson of the tribunal. 5
(3) A deputy chairperson is presumed to have acted with proper 6
authority each time the deputy chairperson has acted as chairperson of the 7
tribunal, unless the contrary is proved. 8
(4) A deputy chairperson may act as a member of the General Medical 9
Assessment Tribunal other than under subsection (2) only if the 10
chairperson has designated the member for the purpose. 11
494 Constitution of General Medical Assessment Tribunal for 12
reference 13
(1) For deciding a matter referred to it, the General Medical Assessment 14
Tribunal is constituted by the chairperson and 2 members of the panel 15
designated by the chairperson. 16
(2) In so designating, the chairperson must have regard to the branch of 17
medicine that is a speciality under the Medical Practitioners Registration 18
Act 2001 that is relevant to the matters referred to the tribunal for decision. 19
(3) The chairperson must preside over meetings of the General Medical 20
Assessment Tribunal. 21
495 Panel for specialty medical assessment tribunal 22
(1) For each specialty medical assessment tribunal, the Governor in 23
Council, by gazette notice, may appoint, for a stated period of not more 24
than 3 years, a panel of doctors for designation to the tribunal. 25
(2) Each appointee to the panel for the Disfigurement Assessment 26
Tribunal must be a specialist in plastic and reconstructive surgery. 27
(3) Each appointee to the panel for any other specialty medical 28
assessment tribunal must be a specialist in the specialty with which the 29
tribunal is concerned. 30
s 496 268 s 498
Workers' Compensation and Rehabilitation Bill 2003
496 Chairperson and deputy chairperson of specialty medical 1
assessment tribunal 2
(1) The Governor in Council, by gazette notice, may appoint-- 3
(a) 1 of the specialists appointed to the panel for a specialty medical 4
assessment tribunal as chairperson of the tribunal; and 5
(b) at least 1 other specialist appointed to the panel as a deputy 6
chairperson of the tribunal. 7
(2) If the chairperson is not available to attend to the business of the 8
tribunal-- 9
(a) if there is only 1 deputy chairperson of the tribunal--the deputy 10
chairperson must act as its chairperson; or 11
(b) if there is more than 1 deputy chairperson of the tribunal--a 12
deputy chairperson designated by the chairperson must act as its 13
chairperson. 14
(3) A deputy chairperson is presumed to have acted with proper 15
authority each time the deputy chairperson has acted as chairperson of the 16
tribunal, unless the contrary is proved. 17
497 Specialty medical assessment tribunal 18
(1) For deciding a matter referred to it, a specialty medical assessment 19
tribunal is formed by-- 20
(a) its chairperson; and 21
(b) 2 appointees to the panel for the tribunal, including persons 22
appointed to the panel as deputy chairpersons, designated by the 23
chairperson. 24
(2) The chairperson must preside over meetings of a specialty medical 25
assessment tribunal. 26
498 Conditions of appointment to tribunal 27
(1) An appointee to a panel for a tribunal is to be paid the remuneration 28
and allowances decided by the Governor in Council. 29
(2) The appointee holds office for the period stated in the gazette notice 30
on the conditions, not otherwise provided for by this Act, decided by the 31
Governor in Council. 32
s 499 269 s 500
Workers' Compensation and Rehabilitation Bill 2003
(3) The office of an appointee to a panel becomes vacant if the 1
appointee-- 2
(a) resigns by signed notice given to the Minister; or 3
(b) becomes incapable of discharging the appointee's duties; or 4
(c) is removed from office by signed notice from the Minister given 5
in accordance with the conditions of the appointee's 6
appointment; or 7
(d) becomes an employee of the Authority or an insurer. 8
499 Proceedings of tribunals 9
For each tribunal-- 10
(a) the Authority may appoint a secretary; and 11
(b) meetings are to be held at the place and time decided by the 12
tribunal or, if there is no decision, as the secretary to the tribunal 13
directs; and 14
(c) if there is disagreement among the members of the tribunal, a 15
decision of the tribunal is that of the majority of its members. 16
PART 3--JURISDICTION OF TRIBUNALS 17
500 Reference to tribunals 18
An insurer may refer the following matters to the appropriate tribunal for 19
decision on the medical matters involved-- 20
(a) a worker's application for compensation for an alleged injury; 21
(b) a worker's capacity for work; 22
s 501 270 s 501
Workers' Compensation and Rehabilitation Bill 2003
(c) a worker's injury under section 245(3)(b), 258(1)(a)(ii) or 1
262(1)(b)(iii) or (iv);212 2
(d) a worker's impairment under section 160;213 3
(e) a worker's permanent impairment under section 179;214 4
(f) a worker's level of dependency under section 193;215 5
(g) a worker's permanent impairment reviewable under 6
section 266;216 7
(h) a worker's disfigurement as a result of injury. 8
501 Reference about application for compensation 9
(1) This section applies on a reference to a tribunal under section 500(a). 10
(2) If the insurer has not admitted that an injury was sustained by a 11
worker, and the nature of the injury, the tribunal must decide-- 12
(a) whether the matters alleged in the application for compensation 13
constitute an injury to the worker and, if so, the nature of the 14
injury; and 15
(b) whether an incapacity for work resulting from the injury-- 16
(i) is total or partial; and 17
(ii) is permanent or temporary; and 18
(c) if the tribunal decides that the worker has sustained an injury 19
under the table of injuries resulting in permanent impairment and 20
the insurer asks--the nature and degree of the impairment. 21
(3) For section 130,217 the tribunal must decide-- 22
212 Section 245 (Claimant with more than 1 injury from an event), 258 (Access to
damages if claimant has not lodged application for compensation) or 262 (Claimant
may seek damages only in particular cases)
213 Section 160 (Total incapacity--reference about impairment to medical assessment
tribunal)
214 Section 179 (Assessment of permanent impairment)
215 Section 193 (Additional lump sum compensation for gratuitous care)
216 Section 266 (Decision not to seek damages reviewable in certain circumstances)
217 Section 130 (Injuries caused by misconduct)
s 502 271 s 502
Workers' Compensation and Rehabilitation Bill 2003
(a) the degree of permanent impairment that could result from the 1
injury; and 2
(b) the nature and degree of the impairment. 3
(4) For section 131(4),218 the tribunal must decide-- 4
(a) whether special circumstances of a medical nature exist; and 5
(b) if special circumstances do exist--the nature and extent of the 6
circumstances. 7
(5) If subsections (2) to (4) do not apply, the tribunal must decide-- 8
(a) whether an incapacity for work resulting from the injury-- 9
(i) is total or partial; and 10
(ii) is permanent or temporary; and 11
(b) if the worker has sustained an injury under the table of injuries 12
resulting in permanent impairment and the insurer asks--the 13
nature and degree of the impairment. 14
(6) The tribunal must assess the nature and degree of permanent 15
impairment in the way prescribed under a regulation. 16
502 Reference about worker's capacity for work 17
(1) This section applies on a reference to a tribunal under 18
section 500(b).219 19
(2) A reference under section 500(b) may be made at any time and from 20
time to time. 21
(3) The tribunal must decide-- 22
(a) whether, when it makes its decision, there exists in the worker an 23
incapacity for work resulting from the injury for which the 24
application for compensation was made; and 25
(b) whether the incapacity-- 26
(i) is total or partial; and 27
(ii) is permanent or temporary; and 28
218 Section 131 (Time for applying)
219 Section 500 (Reference to tribunals)
s 503 272 s 505
Workers' Compensation and Rehabilitation Bill 2003
(c) if the worker has sustained an injury under the table of injuries 1
resulting in permanent impairment and the insurer asks--the 2
nature and degree of the impairment. 3
(4) A tribunal must assess the nature and degree of permanent 4
impairment in the way prescribed under a regulation. 5
503 Reference about worker's injury 6
(1) This section applies on a reference to a tribunal under 7
section 500(c).220 8
(2) If the insurer has not admitted that an injury was sustained by a 9
worker, and the nature of the injury, the tribunal must decide whether the 10
matters alleged for the purpose of seeking damages constitute an injury to 11
the worker and, if so, the nature of the injury. 12
(3) Also, if the reference relates to a worker's injury under 13
section 262(1)(b)(iii) or (iv),221 the tribunal must decide whether-- 14
(a) the deceased worker sustained an injury in the event; and 15
(b) the injury caused the worker's death. 16
504 Reference about worker's impairment 17
(1) This section applies on a reference to a tribunal under section 500(d). 18
(2) The tribunal must decide-- 19
(a) the degree of permanent impairment that could result from the 20
injury; and 21
(b) the nature and degree of the impairment. 22
(3) The tribunal must assess the nature and degree of permanent 23
impairment in the way prescribed under a regulation. 24
505 Reference about worker's permanent impairment 25
(1) This section applies on a reference to a tribunal under section 500(e). 26
(2) The tribunal must decide-- 27
220 Section 500 (Reference to tribunals)
221 Section 262 (Claimant may seek damages only in particular cases)
s 506 273 s 508
Workers' Compensation and Rehabilitation Bill 2003
(a) whether the worker has sustained a degree of permanent 1
impairment; and 2
(b) if the worker has sustained a degree of permanent impairment-- 3
(i) the degree of permanent impairment resulting from the 4
injury; and 5
(ii) the nature and degree of the impairment. 6
(3) The tribunal must assess the nature and degree of permanent 7
impairment in the way prescribed under a regulation. 8
506 Reference about worker's level of dependency 9
(1) On a reference to a tribunal under section 500(f),222 the tribunal must 10
decide the worker's level of dependency. 11
(2) The tribunal must decide the worker's level of dependency in the 12
way prescribed under a regulation. 13
507 Reference about review of worker's permanent impairment 14
(1) This section applies on a reference to a tribunal under section 500(g). 15
(2) The tribunal must review the medical evidence and decide-- 16
(a) if there has been a further material deterioration in relation to the 17
worker's permanent impairment; and 18
(b) the degree of the further permanent impairment. 19
(3) The tribunal must assess the nature and degree of further permanent 20
impairment in the way prescribed under a regulation. 21
508 Assessment of additional compensation for prescribed 22
disfigurement 23
(1) This section applies on a reference to the Disfigurement Assessment 24
Tribunal under section 500(h). 25
(2) The tribunal must assess, by personal examination of the worker-- 26
(a) whether the disfigurement is prescribed disfigurement; and 27
222 Section 500 (Reference to tribunals)
s 509 274 s 510
Workers' Compensation and Rehabilitation Bill 2003
(b) if it assesses the disfigurement to be prescribed disfigurement, 1
the degree of permanent impairment resulting from the 2
disfigurement. 3
(3) The tribunal must assess the degree of permanent impairment in the 4
way prescribed under a regulation. 5
509 Limitation of tribunals' jurisdiction 6
(1) A tribunal has no jurisdiction to decide whether a person to whom an 7
application for compensation relates is or is not, or was or was not, a 8
worker at any time material to the application. 9
(2) A decision of a tribunal is not admissible in evidence as proof, or as 10
tending to prove, that a person to whom an application for compensation 11
relates, or who has sustained an injury, is or is not, or was or was not, a 12
worker at any time material to the application. 13
510 Power of tribunal to examine worker 14
(1) On a reference to a tribunal about a nonfatal injury, the tribunal-- 15
(a) may make a personal examination of the worker at any time; or 16
(b) may arrange for the examination to be made by a doctor 17
nominated by it. 18
(2) Subsection (3) applies if a worker-- 19
(a) fails, without reasonable excuse, to attend at the time and place 20
of which the worker has been given at least 7 days written notice 21
by the secretary to the tribunal; or 22
(b) having attended, refuses to be examined by the tribunal, a 23
member of the tribunal, or the doctor; or 24
(c) obstructs, or attempts to obstruct, the examination. 25
(3) Any entitlement the worker may have to compensation is suspended 26
until-- 27
(a) the worker undergoes the examination; or 28
(b) the tribunal, with the agreement of the secretary to the tribunal, 29
exempts the worker from the examination. 30
s 511 275 s 512
Workers' Compensation and Rehabilitation Bill 2003
PART 4--PROCEEDINGS FOR EXERCISE OF 1
TRIBUNALS' JURISDICTION 2
511 Right to be heard before tribunals 3
On a reference to a tribunal, the worker may be heard before the tribunal 4
in person, or by counsel, solicitor or agent. 5
512 Further reference on fresh evidence 6
(1) This section applies to any reference to a tribunal under any 7
paragraph of section 500 relating to a worker's injury if the reference is not 8
about a matter mentioned in section 266.223 9
(2) The worker may ask the insurer to consider fresh medical evidence 10
about the worker's injury within 12 months of the making of the original 11
decision. 12
(3) The insurer must refer the medical evidence to a review panel to 13
decide if the medical evidence-- 14
(a) is relevant to the application so decided; and 15
(b) is factual medical data not known about the worker at the time of 16
the tribunal's decision. 17
(4) The review panel must consider the medical evidence produced by 18
the worker and may accept or reject the evidence. 19
(5) A decision of the review panel is final and may not be appealed 20
against. 21
(6) If the review panel accepts the medical evidence, the insurer must 22
refer the application to the appropriate tribunal for further decision. 23
(7) If practicable, the application under this section must be further 24
decided by the original tribunal. 25
(8) If, as a result of the review, the worker is entitled to further lump sum 26
compensation for an injury resulting in a WRI of the worker of less than 27
20%, the worker's entitlement does not extend to a further election under 28
section 189224 for the injury. 29
223 Section 266 (Decision not to seek damages reviewable in certain circumstances)
224 Section 189 (Worker's decision about lump sum compensation--WRI less than 20%
or no WRI)
s 513 276 s 515
Workers' Compensation and Rehabilitation Bill 2003
(9) In this section-- 1
"review panel" means a panel consisting of the chairperson or deputy 2
chairperson of the General Medical Assessment Tribunal and a 3
member of the original panel. 4
513 Deferral of decisions 5
(1) A tribunal may, from time to time, defer its decision on a reference to 6
it. 7
(2) However, a deferral must not be for longer than 3 months at any 8
1 time. 9
514 Tribunal may refer non-medical matters back to insurer 10
(1) If the tribunal considers that the terms of a reference to it involve-- 11
(a) both medical and non-medical matters; or 12
(b) entirely non-medical matters; 13
the tribunal may refer the non-medical matters back to the insurer for a 14
decision. 15
(2) To remove any doubt, it is declared that if the tribunal decides a 16
medical matter mentioned in subsection (1)(a), section 515 applies to that 17
decision. 18
(3) Section 513 applies to a reference back to the insurer under 19
subsection (1). 20
515 Finality of tribunal's decision 21
(1) Either of the following decisions of the tribunal is final and can not 22
be questioned in a proceeding before a tribunal or a court, except under 23
section 512-- 24
(a) a decision on a medical matter referred to the tribunal under 25
section 500; 26
(b) a decision under section 514(1). 27
(2) Subsection (1) has no effect on the Judicial Review Act 1991. 28
s 516 277 s 519
Workers' Compensation and Rehabilitation Bill 2003
516 Decisions of tribunal 1
(1) A tribunal must give a written decision for any matter referred to it 2
with reasons for the decision. 3
(2) A tribunal must give a copy of its decision to the insurer and to-- 4
(a) the worker; or 5
(b) the worker's representative or agent. 6
517 Protection from liability 7
(1) A member of a tribunal does not incur civil liability for an act done, 8
or omission made, honestly and without negligence under this Act. 9
(2) If subsection (1) prevents a civil liability attaching to a member of 10
the tribunal, the liability attaches instead to the Authority. 11
CHAPTER 12--ENFORCEMENT 12
PART 1--AUTHORISED OFFICERS AND 13
ENFORCEMENT 14
Division 1--Powers of authorised persons 15
518 Entry to workplaces 16
An authorised person may, at any reasonable time, enter a workplace to 17
monitor or enforce compliance with this Act. 18
519 Power to require information from certain persons 19
(1) This section applies if an authorised person believes on reasonable 20
grounds that a person has information, or documents providing 21
information, relevant to any of the following matters-- 22
(a) any person's liability to insure as an employer, including liability 23
for premiums; 24
s 520 278 s 520
Workers' Compensation and Rehabilitation Bill 2003
(b) any person's entitlement to compensation; 1
(c) any person's entitlement to claim damages; 2
(d) any offence the authorised person reasonably believes has been 3
committed against this Act. 4
(2) The authorised person may require the person to give the information 5
or produce for inspection the documents to the authorised person at a 6
reasonable time and place nominated by the authorised person and allow 7
the authorised person to make a copy of the documents. 8
(3) To remove any doubt, it is declared that under subsection (2), an 9
authorised person may require the information to be given, or the 10
documents to be produced immediately, at the place the requirement is 11
made, if the requirement is reasonable in the circumstances. 12
(4) When making the requirement, the authorised person must warn the 13
person it is an offence to fail to give the information, unless the person has 14
a reasonable excuse. 15
(5) The person must comply with the requirement, unless the person has 16
a reasonable excuse. 17
Maximum penalty--50 penalty units. 18
(6) It is a reasonable excuse for a person to fail to give the information or 19
produce the documents that the person would be entitled to refuse to give 20
the information or produce the document in a court proceeding on the 21
ground that giving the information or producing the documents would tend 22
to incriminate the person. 23
(7) The person does not commit an offence against this section if the 24
information or documents sought by the authorised person are not in fact 25
relevant to a matter mentioned in subsection (1). 26
520 Keeping and inspection of documents 27
(1) An employer or contractor must keep the documents about workers, 28
and contracts for the performance of work, prescribed under a regulation. 29
Maximum penalty--50 penalty units. 30
(2) A regulation may prescribe the particulars the documents must 31
contain. 32
(3) The employer or contractor must-- 33
s 521 279 s 521
Workers' Compensation and Rehabilitation Bill 2003
(a) keep each document for at least 3 financial years after the last 1
entry is made in it; and 2
(b) make available for inspection by an authorised person, or 3
produce to the authorised person for inspection, the documents at 4
a reasonable time and place nominated by the authorised person; 5
and 6
(c) permit the authorised person to make a copy of a document. 7
Maximum penalty--50 penalty units. 8
(4) The authorised person may keep the document to make a copy of it. 9
(5) The authorised person must return the document to the person as 10
soon as practicable after making the copy. 11
521 Warrants for entry 12
(1) An authorised person may apply to a magistrate for a warrant for a 13
place. 14
(2) The application must be sworn and state the grounds on which the 15
warrant is sought. 16
(3) The magistrate may refuse to consider the application until the 17
authorised person gives the magistrate all the information the magistrate 18
requires about the application in the way the magistrate requires. 19
20
Example--
21
The magistrate may require additional information supporting the application to be
22
given by statutory declaration.
(4) The magistrate may issue a warrant only if satisfied there are 23
reasonable grounds for suspecting-- 24
(a) there is a particular thing or activity (the "evidence") that may 25
provide evidence of an offence against this Act; and 26
(b) the evidence is, or may be within the next 7 days, at the place. 27
(5) The warrant must state-- 28
(a) that the authorised person may, with necessary and reasonable 29
help and force, enter the place and exercise the authorised 30
person's powers; and 31
(b) the evidence for which the warrant is issued; and 32
(c) the hours when entry may be made; and 33
s 522 280 s 522
Workers' Compensation and Rehabilitation Bill 2003
(d) the day, within 14 days after the warrant's issue, the warrant 1
ends. 2
(6) The magistrate must record the reasons for issuing the warrant. 3
522 Warrants--applications made other than in person 4
(1) An authorised person may apply for a warrant by phone, fax, radio or 5
another form of communication if the authorised person considers it 6
necessary because of urgent circumstances or other special circumstances, 7
including, for example, the authorised person's remote location. 8
(2) Before applying for the warrant, the authorised person must prepare 9
an application stating the grounds on which the warrant is sought. 10
(3) The authorised person may apply for the warrant before the 11
application is sworn. 12
(4) After issuing the warrant, the magistrate must immediately fax a 13
copy to the authorised person if it is reasonably practicable to fax the copy. 14
(5) If it is not reasonably practicable to fax a copy of the warrant to the 15
authorised person-- 16
(a) the magistrate must-- 17
(i) record on the warrant the reasons for issuing the warrant; 18
and 19
(ii) tell the authorised person the date and time the warrant was 20
signed; and 21
(iii) tell the authorised person the warrant's terms; and 22
(b) the authorised person must write on a form of warrant 23
(the "warrant form")-- 24
(i) the magistrate's name; and 25
(ii) the date and time the magistrate signed the warrant; and 26
(iii) the warrant's terms. 27
(6) The facsimile warrant, or the warrant form properly completed by 28
the authorised person, authorises the entry and the exercise of the other 29
powers mentioned in the warrant issued by the magistrate. 30
(7) The authorised person must, at the first reasonable opportunity, send 31
to the magistrate-- 32
s 523 281 s 523
Workers' Compensation and Rehabilitation Bill 2003
(a) the sworn application; and 1
(b) if a warrant form was required to be completed by the authorised 2
person--the completed warrant form. 3
(8) On receiving the documents, the magistrate must attach them to the 4
warrant. 5
(9) Unless the contrary is proven, a court must presume that a power 6
exercised by an authorised person was not authorised by a warrant issued 7
under this section if-- 8
(a) a question arises, in a proceeding before the court, whether the 9
exercise of power was authorised by a warrant; and 10
(b) the warrant is not produced in evidence. 11
523 General powers after entering places 12
(1) This section applies to an authorised person who enters a place under 13
this Act. 14
(2) If the authorised person enters a place under a warrant, this section 15
applies subject to the warrant. 16
(3) For monitoring or enforcing compliance with this Act, the authorised 17
person may-- 18
(a) search any part of the place; or 19
(b) examine, inspect, photograph or film anything in or on the place; 20
or 21
(c) take extracts from, or copy, a document in or on the place; or 22
(d) take into or onto the place any persons, equipment and materials 23
the authorised person reasonably requires for exercising a power 24
under this Act; or 25
(e) require the occupier of the place, or a person at the place, to give 26
the authorised person reasonable help to exercise the authorised 27
person's powers under paragraphs (a) to (d). 28
(4) When making a requirement mentioned in subsection (3)(e), the 29
authorised person must warn the person it is an offence to fail to comply 30
with the requirement, unless the person has a reasonable excuse. 31
s 524 282 s 526
Workers' Compensation and Rehabilitation Bill 2003
(5) A person required to give reasonable help under subsection (3)(e) 1
must comply with the requirement, unless the person has a reasonable 2
excuse. 3
Maximum penalty--50 penalty units. 4
(6) If the help required to be given is answering a question or producing 5
a document, it is a reasonable excuse for the person to fail to comply with 6
the requirement if complying with it might tend to incriminate the person. 7
524 Power to seize evidence 8
(1) An authorised person who enters a place with a warrant may seize 9
the evidence for which the warrant was issued. 10
(2) An authorised person may also seize another thing if the authorised 11
person believes on reasonable grounds-- 12
(a) the thing is evidence of an offence against this Act; and 13
(b) the seizure is necessary to prevent the thing being concealed, lost 14
or destroyed. 15
525 Receipt for seized things 16
(1) As soon as practicable after a thing is seized by an authorised person, 17
the authorised person must give a receipt for it to the person from whom it 18
was seized. 19
(2) However, if for any reason it is not practicable to comply with 20
subsection (1), the authorised person must leave the receipt at the place of 21
seizure in a reasonably secure way and in a conspicuous position. 22
526 Access to seized things 23
Until a seized thing is returned or otherwise finally dealt with, an 24
authorised person must allow its owner-- 25
(a) to inspect it; or 26
(b) if it is a document--to make copies of it. 27
s 527 283 s 529
Workers' Compensation and Rehabilitation Bill 2003
527 Return of seized things 1
(1) The authorised person must return a seized thing to its owner at the 2
end of-- 3
(a) 6 months; or 4
(b) if a prosecution for an offence involving it is started within 5
6 months--the prosecution and any appeal from the prosecution. 6
(2) Despite subsection (1), the authorised person must return the seized 7
thing to its owner immediately the authorised person stops being satisfied 8
its retention as evidence is necessary. 9
Division 2--Other enforcement matters 10
528 Authorised person to give notice of damage 11
(1) This section applies if an authorised person damages anything in the 12
exercise of a power under this part. 13
(2) The authorised person must promptly give written notice of the 14
particulars of the damage. 15
(3) The notice must be given to the person who appears to the authorised 16
person to be the thing's owner. 17
(4) If the authorised person believes the damage was caused by a latent 18
defect in the thing or other circumstances beyond the person's control, the 19
person may state this in the notice. 20
(5) If, for any reason, it is not practicable to comply with subsection (3), 21
the authorised person must-- 22
(a) leave the notice at the place where the damage happened; and 23
(b) ensure the notice is left in a reasonably secure way in a 24
conspicuous position. 25
(6) This section does not apply to damage the authorised person 26
believes, on reasonable grounds, is trivial. 27
529 Restitution 28
(1) A person may claim an amount by way of restitution if the person 29
incurs loss or expense because of the exercise or purported exercise of a 30
s 530 284 s 531
Workers' Compensation and Rehabilitation Bill 2003
power under this part, including, for example, in complying with a 1
requirement made of the person under this part. 2
(2) The amount may be claimed-- 3
(a) if the exercise or purported exercise of the power was by an 4
authorised person of the Authority--from the Authority; or 5
(b) if the exercise or purported exercise of the power was by an 6
authorised person of WorkCover--from WorkCover. 7
(3) Payment of the amount may be claimed and ordered-- 8
(a) in a civil proceeding for a debt; or 9
(b) in a proceeding for an offence against this Act brought against 10
the person making the claim for the amount. 11
(4) A court may order the payment of the amount for the loss or expense 12
only if it is satisfied it is just to make the order in the circumstances of the 13
particular case. 14
(5) A regulation may prescribe matters that may, or must, be taken into 15
account by the court when considering whether it is just to make the order. 16
530 Costs of investigation 17
(1) This section applies if a person is convicted by a court of an offence 18
against this Act. 19
(2) The court may order the person to pay to the Authority or 20
WorkCover the reasonable costs of any investigation about the offence, 21
including reasonable costs of preparing for the prosecution. 22
(3) This section does not limit the orders for costs the court may make on 23
the conviction. 24
Division 3--Obstructing or impersonating authorised persons 25
531 Obstruction of authorised persons 26
(1) A person must not obstruct an authorised person in the exercise of a 27
power, unless the person has a reasonable excuse. 28
Maximum penalty--50 penalty units. 29
(2) In this section-- 30
s 532 285 s 534
Workers' Compensation and Rehabilitation Bill 2003
"obstruct" includes hinder, resist or attempt to obstruct. 1
532 Impersonation of authorised persons 2
A person must not pretend to be an authorised person. 3
Maximum penalty--50 penalty units. 4
PART 2--FRAUD AND FALSE AND MISLEADING 5
STATEMENTS 6
533 Offences involving fraud 7
(1) A person must not in any way defraud or attempt to defraud an 8
insurer. 9
Maximum penalty--400 penalty units or 18 months imprisonment. 10
(2) If conduct that constitutes an offence defined in subsection (1) is 11
recurrent so that, but for this subsection, each instance of the conduct 12
would constitute a separate offence, 2 or more instances of the conduct are 13
to be taken to constitute but 1 offence committed over a period specified in 14
the complaint laid in relation to the conduct, and may be charged and be 15
dealt with on 1 complaint. 16
534 False or misleading information or documents 17
(1) This section applies to a statement made or document given-- 18
(a) to the Authority or WorkCover for the purpose of its functions 19
under this Act; or 20
(b) to an entity or person as a self-insurer; or 21
(c) to a registered person for the purpose of an application for 22
compensation or a claim for damages. 23
(2) A person must not state anything to the Authority, WorkCover, a 24
self-insurer or a registered person the person knows is false or misleading 25
in a material particular. 26
Maximum penalty--150 penalty units or 1 year's imprisonment. 27
s 535 286 s 535
Workers' Compensation and Rehabilitation Bill 2003
(3) A person must not give the Authority, WorkCover, a self-insurer or a 1
registered person a document containing information the person knows is 2
false or misleading in a material particular. 3
Maximum penalty--150 penalty units or 1 year's imprisonment. 4
(4) Subsection (3) does not apply to a person who, when giving the 5
document-- 6
(a) informs the Authority, WorkCover, the self-insurer or the 7
registered person, to the best of the person's ability, how it is 8
false or misleading; and 9
(b) gives the correct information to the Authority, WorkCover, the 10
self-insurer or the registered person, if the person has, or can 11
reasonably obtain, the correct information. 12
(5) It is enough for a complaint against a person for an offence against 13
subsection (2) or (3) to state the information or document was false or 14
misleading to the person's knowledge, without specifying which. 15
535 Particular acts taken to be fraud 16
(1) This section applies if a person-- 17
(a) lodges an application for compensation with an insurer; and 18
(b) engages in a calling; and 19
(c) without reasonable excuse, does not inform the insurer, in the 20
way stated under section 136,225 of the person's engagement in 21
the calling. 22
(2) If compensation is paid by the insurer under the application to the 23
person or anyone else-- 24
(a) after the start of the engagement in the calling; and 25
(b) before the insurer is informed in the way stated under section 136 26
of the engagement in the calling; 27
the person is taken to have defrauded the insurer of the payments under 28
section 533.226 29
225 Section 136 (Worker must notify return to work or engagement in a calling)
226 Section 533 (Offences involving fraud)
s 536 287 s 536
Workers' Compensation and Rehabilitation Bill 2003
(3) If payments to which subsection (2) applies are not made, the person 1
is taken to have attempted to defraud the insurer under section 533. 2
536 Duty to report fraud or false or misleading information or 3
documents 4
(1) This section applies if-- 5
(a) an employer who is not a self-insurer believes on reasonable 6
grounds that a person is defrauding, or attempting to defraud, 7
WorkCover; or 8
(b) an employer who is a self-insurer believes on reasonable grounds 9
that a person is defrauding, or attempting to defraud, the 10
self-insurer. 11
(2) Without limiting subsection (1), this section also applies if-- 12
(a) an employer who is not a self-insurer believes on reasonable 13
grounds that a person has stated anything, or given a document 14
containing information, to WorkCover or a registered person that 15
the person knows is false or misleading in a material particular; 16
or 17
(b) an employer who is a self-insurer believes on reasonable grounds 18
that a person has stated anything, or given a document containing 19
information, to the self-insurer or a registered person that the 20
person knows is false or misleading in a material particular. 21
(3) The employer who is not a self-insurer must give WorkCover the 22
information the employer has in relation to the defrauding, attempting to 23
defraud, stating of the thing or giving of the document. 24
Maximum penalty--50 penalty units. 25
(4) The employer who is a self-insurer must give the Authority the 26
information the employer has in relation to the defrauding, attempting to 27
defraud, stating of the thing or giving of the document. 28
Maximum penalty--50 penalty units. 29
s 537 288 s 537
Workers' Compensation and Rehabilitation Bill 2003
537 Fraud and related offences end entitlement to compensation and 1
damages 2
(1) This section applies if a person is convicted of any of the following 3
offences committed against an insurer in relation to an application for 4
compensation or a claim for damages-- 5
(a) an offence under section 533;227 6
(b) an offence or an attempt to commit an offence under the Criminal 7
Code, section 123, 408C, 430, 488 or 494.228 8
(2) Any entitlement the person may have to compensation or damages 9
for the injury, and any existing claim for compensation or damages, ends. 10
(3) If, in the proceeding for the offence, the prosecution proves the 11
person obtained payment of compensation or damages by the insurer, by 12
conduct that is the offence, then, whether or not a penalty is imposed, the 13
court must, on application by the insurer, order the person to repay the 14
insurer all amounts of compensation or damages paid to or on account of 15
the person as a result of the commission of the offence. 16
(4) The Authority may represent the self-insurer for subsection (3). 17
(5) An order made by a court under subsection (3) may be enforced as if 18
it were an order made by a court in civil proceedings for a debt. 19
(6) Any costs incurred by an insurer in relation to a proceeding for 20
damages to which subsection (3) applies are to be recovered on a solicitor 21
and own client basis from the person convicted under section 533. 22
(7) Subsection (2) does not apply to a person only because the person is 23
taken under section 535229 to have-- 24
(a) attempted to defraud an insurer; or 25
(b) defrauded an insurer of an amount not more than the equivalent 26
of 1 week of the person's normal weekly earnings. 27
227 Section 533 (Offences involving fraud)
228 Criminal Code, section 123 (Perjury), 408C (Fraud), 430 (Conspiracy to defraud),
488 (Forgery and uttering) or 494 (Making documents without authority)
229 Section 535 (Particular acts taken to be fraud)
s 538 289 s 540
Workers' Compensation and Rehabilitation Bill 2003
CHAPTER 13--REVIEWS AND APPEALS 1
PART 1--INTERNAL REVIEW OF PROPOSED 2
DECISIONS 3
538 Internal review by insurer 4
(1) Before an insurer makes a decision to reject an application for 5
compensation or to terminate compensation, the insurer must undertake an 6
internal review of the proposed decision. 7
(2) The review must be made by a person who is in a more senior 8
position than the person who proposes to make the decision. 9
PART 2--AUTHORITY'S REVIEW OF DECISIONS 10
539 Object of pt 2 11
The object of this part is to provide a non-adversarial system for prompt 12
resolution of disputes. 13
540 Application of pt 2 14
(1) This part applies to the following-- 15
(a) a decision by WorkCover-- 16
(i) not to give an exemption from insuring under this Act under 17
section 49;230 or 18
(ii) to set the premium payable under a policy under 19
section 54;231 or 20
(iii) to issue a reassessment premium notice under section 56;232 21
or 22
230 Section 49 (Exemption if employer has other insurance)
231 Section 54 (Setting of premium)
232 Section 56 (Reassessment of premium for policy)
s 540 290 s 540
Workers' Compensation and Rehabilitation Bill 2003
(iv) to refuse to waive or reduce a penalty under section 57, 66 1
or 229;233 or 2
(v) to refuse to reassess a default assessment under 3
section 58;234 or 4
(vi) to refuse to waive or reduce additional premium under 5
section 64;235 or 6
(vii) to waive or not to waive section 131(1) or (2);236 or 7
(viii)to allow or reject an application for compensation under 8
chapter 3; or 9
(ix) to terminate, suspend, increase or decrease a weekly 10
payment of compensation under chapter 3 or 4;237 or 11
(x) to refuse to vary an entitlement under section 171, 172 12
or 173;238 or 13
(xi) to apportion compensation under chapter 3, part 11;239 or 14
(xii) to allow or refuse an entitlement under section 212, 216 15
or 219;240 or 16
(xiii)under section 245(3)(a) or (b), 258(1)(a)(i) or (ii), or 17
262(1)(b)(i), (ii), (iii) or (iv); 18
(b) a decision by a self-insurer-- 19
(i) to waive or not to waive section 131(1) or (2); or 20
(ii) to reject an application for compensation under chapter 3; or 21
(iii) to terminate, suspend, increase or decrease a weekly 22
payment of compensation under chapter 3 or 4; or 23
233 Section 57 (Recovery of compensation and unpaid premium), 66 (Employer's
liability for excess period) or 229 (Employer's failure in relation to rehabilitation)
234 Section 58 (Default assessment on reasonable suspicion)
235 Section 64 (WorkCover may waive or reduce additional premium)
236 Section 131 (Time for applying)
237 Chapter 3 (Compensation) or 4 (Injury management)
238 Section 171 (Redemption--worker receiving weekly payments for at least 2 years),
172 (Redemption--worker moves interstate) or 173 (Redemption--worker moves
abroad)
239 Chapter 3 (Compensation), part 11 (Compensation on worker's death)
240 Section 212 (Extent of liability for prosthetic expenses), 216 (Extent of liability for
period of hospitalisation) or 219 (Extent of liability for travelling expenses)
s 541 291 s 542
Workers' Compensation and Rehabilitation Bill 2003
(iv) to refuse to vary an entitlement under section 171, 172 1
or 173; or 2
(v) to apportion compensation under chapter 3, part 11; or 3
(vi) to allow or refuse an entitlement under section 212, 216 4
or 219; or 5
(vii) under section 245(3)(a) or (b), 258(1)(a)(i) or (ii), or 6
262(1)(b)(i), (ii), (iii) or (iv); or 7
(c) a failure by WorkCover or a self-insurer to make a decision-- 8
(i) on an application for compensation within the time stated in 9
section 134; or 10
(ii) for the purpose of section 245(3)(a) or (b) within the time 11
stated in section 245(4); or 12
(iii) for the purpose of section 258(1)(a)(i) or (ii) within the time 13
stated in section 258(5); or 14
(iv) for the purpose of section 262(1)(b)(i), (ii), (iii) or (iv) 15
within the time stated in section 262(2). 16
(2) WorkCover or the self-insurer (the "decision-maker") must give 17
written reasons for the decision or for the failure to make a decision. 18
(3) The decision-maker need not give reasons for a decision mentioned 19
in subsection (1)(a)(ii) or (iii). 20
(4) The reasons for the decision must address the matters prescribed 21
under a regulation. 22
(5) The decision or the failure to make a decision may be reviewed only 23
by the Authority. 24
541 Who may apply for review 25
A claimant, worker or an employer aggrieved by a decision or the failure 26
to make a decision may apply for review. 27
542 Applying for review 28
(1) An application for review must be made within 3 months after the 29
person applying for review (the "applicant") receives written notice of the 30
decision or the failure to make a decision and the reasons for the decision 31
or failure. 32
s 543 292 s 544
Workers' Compensation and Rehabilitation Bill 2003
(2) For subsection (1), the applicant may, within the 3 months mentioned 1
in the subsection, ask the Authority to allow further time to apply for 2
review. 3
(3) The Authority may grant the extension if it is satisfied that special 4
circumstances exist. 5
(4) If the notice did not state the reasons for the decision or the failure to 6
make a decision-- 7
(a) the applicant must ask the decision-maker for the reasons within 8
28 days after receiving the notice; and 9
(b) the decision-maker must give written reasons within 7 days after 10
the applicant asks for the reasons; and 11
(c) the application for review must be made within 3 months after 12
the applicant receives the reasons. 13
(5) The application for review-- 14
(a) must be made in the approved form and given to the Authority; 15
and 16
(b) must state the grounds on which the applicant seeks review; and 17
(c) may be accompanied by any relevant document the applicant 18
wants considered in the review. 19
(6) The Authority must, within 14 days after receiving the application, 20
give the applicant and the decision-maker written notice that the 21
application has been received. 22
543 Right of appearance 23
(1) The applicant may appear before the Authority in person or be 24
represented by another person at the applicant's expense with a view to 25
achieving a resolution of the matter. 26
(2) The applicant may also make representations to the Authority by 27
telephone or another form of communication. 28
544 Decision-maker must give information to Authority 29
(1) The Authority may, by written notice, require the decision-maker to 30
give the Authority-- 31
(a) within 7 days after receiving the notice-- 32
s 545 293 s 546
Workers' Compensation and Rehabilitation Bill 2003
(i) all relevant information and documents in relation to the 1
application that is in the decision-maker's possession; or 2
(ii) the information asked for by the Authority; or 3
(b) within the period stated in the notice, any further information the 4
Authority needs to decide the matter. 5
(2) The decision-maker must comply with the notice. 6
(3) The decision-maker must pay the cost of obtaining the further 7
information. 8
545 Review of decision or failure to make a decision 9
(1) The Authority must, within 35 days after receiving the application, 10
review the decision and decide (the "review decision") to-- 11
(a) confirm the decision; or 12
(b) vary the decision; or 13
(c) set aside the decision and substitute another decision. 14
(2) If an application is about the failure to make a decision, the Authority 15
may-- 16
(a) make the decision (also a "review decision") after considering 17
the information before it; or 18
(b) return the matter to the decision-maker with the directions the 19
Authority considers appropriate. 20
(3) The decision-maker to whom the directions are given must comply 21
with the directions. 22
(4) The Authority may, with the applicant's consent, extend the time in 23
subsection (1) to obtain information under section 544. 24
(5) If the Authority acts under subsection (1)(b) or (c) or (2)(a), the 25
decision is taken for this Act, other than this part, to be the decision of the 26
decision-maker. 27
546 Notice of review decision 28
(1) Within 14 days after making a review decision, the Authority must 29
give the applicant and the decision-maker written notice of the review 30
decision. 31
s 547 294 s 548
Workers' Compensation and Rehabilitation Bill 2003
(2) However, if the decision relates to a matter mentioned in 1
section 540(1)(a)(viii) to (xiii) or (1)(b) or (c), the Authority must also give 2
a copy of the review decision to the claimant or worker and to the 3
employer. 4
(3) The notice must state-- 5
(a) the reasons for the review decision; and 6
(b) that the applicant may appeal against the decision to an industrial 7
magistrate within 28 days after the applicant receives notice of 8
the decision. 9
(4) If the Authority does not make a review decision within the time 10
allowed under section 545(1) or (4), the applicant may appeal to an 11
industrial magistrate against the Authority's failure to make the decision. 12
547 Reimbursement of costs of examination and report 13
(1) This section applies if the Authority sets aside or varies a decision by 14
the decision-maker to reject an application for compensation by a claimant 15
or worker under chapter 3. 16
(2) The decision-maker must reimburse the claimant or worker for the 17
cost of an examination by, and report from, a registered person obtained by 18
the claimant or worker if the Authority considers the examination and 19
report substantially contributed to the setting aside or variation of the 20
decision. 21
PART 3--APPEALS 22
Division 1--Appeal to industrial magistrate or Industrial Court 23
548 Application of div 1 24
This division applies to the following decisions-- 25
(a) a review decision; 26
s 549 295 s 550
Workers' Compensation and Rehabilitation Bill 2003
(b) a decision by an insurer under chapter 3 or 4241 that is not a 1
decision mentioned in section 540(1)242 (a "non-reviewable 2
decision"). 3
549 Who may appeal 4
(1) A claimant, worker or employer aggrieved by the decision 5
(the "appellant") may appeal to an industrial magistrate against the 6
decision of the Authority or the insurer (the "respondent"). 7
(2) If the appellant is an employer, the claimant or worker may, if they 8
wish, be a party to the appeal. 9
550 Procedure for appeal 10
(1) The appeal must be made-- 11
(a) if the appeal is about a review decision--within 28 days after the 12
appellant receives the review decision; or 13
(b) if the appeal is about a non-reviewable decision--within 28 days 14
after the appellant receives the notice of the decision stating the 15
reasons for the decision. 16
(2) For subsection (1)(b), if the notice of the decision did not state the 17
reasons for the decision, the appellant must ask the respondent for the 18
reasons for the decision within 28 days after receiving the notice. 19
(3) For subsections (1) and (2), the appellant may, within the 28 day 20
periods mentioned in the subsections, ask the respondent to allow further 21
time to appeal. 22
(4) The appeal may be started only by giving a written notice of appeal 23
to an industrial magistrate. 24
(5) The notice of appeal must be filed at-- 25
(a) the Magistrates Court nearest to the place where the appellant 26
resides or, if the appellant is an employer, carries on business; or 27
(b) a Magistrates Court agreed to between the respondent and the 28
appellant. 29
241 Chapter 3 (Compensation) or 4 (Injury management)
242 Section 540 (Application of pt 2)
s 551 296 s 552
Workers' Compensation and Rehabilitation Bill 2003
(6) The appellant must, within 14 days after filing the notice of appeal, 1
serve a copy of the notice on-- 2
(a) if the appeal is about a review decision--the Authority; or 3
(b) if the appeal is about a non-reviewable decision--the insurer. 4
(7) If the appellant is an employer, the appellant must also serve a copy 5
of the notice on the claimant or worker. 6
(8) If a notice of appeal required to be filed in a Magistrates Court 7
mentioned in subsection (5)(a) is filed in another Magistrates Court, the 8
registrar of the other Magistrates Court may send any relevant documents 9
to the registrar of the appropriate Magistrates Court. 10
551 Appeal about amount of premium 11
(1) This section applies if an appeal is about an amount of premium 12
specified in a premium notice. 13
(2) The notice of appeal must state fully the grounds of appeal and the 14
facts relied on. 15
(3) The appellant is limited to the grounds of appeal stated in the notice. 16
(4) The appellant must pay the premium specified in the notice before 17
the appellant files the notice of appeal. 18
552 Notice of time and place for hearing 19
(1) The registrar of the Magistrates Court at which the notice of appeal is 20
filed must give the appellant and the respondent (the "parties") written 21
notice of the time and place fixed for the hearing of the matter. 22
(2) The respondent must, within 28 days after receiving notice of the 23
time and place fixed for the hearing, give the registrar-- 24
(a) all approved forms and statements lodged with the respondent by 25
the appellant; and 26
(b) a statement of facts known to the respondent that are relevant to 27
the matter. 28
(3) The registrar must make the forms and statements available to the 29
industrial magistrate hearing the matter. 30
(4) The forms and statements are admissible as evidence at the hearing 31
only if they are admissible under the rules of evidence for the hearing. 32
s 553 297 s 555
Workers' Compensation and Rehabilitation Bill 2003
553 Application of Uniform Civil Procedure Rules and Industrial 1
Relations (Tribunals) Rules 2
(1) The Uniform Civil Procedure Rules 1999, chapter 7, part 2 and 3
chapter 9, part 4 and the Industrial Relations (Tribunals) Rules 2000, 4
rules 96 to 98 apply to an appeal under this division with necessary 5
changes. 6
(2) However, if there is an inconsistency between a provision of the rules 7
mentioned in subsection (1) and a provision of this division, the provision 8
of this division prevails to the extent of the inconsistency. 9
554 Exchanging evidence before hearing 10
(1) At least 7 days before the hearing, each party must give each other 11
party any relevant document the party wants to adduce as evidence at the 12
hearing. 13
(2) At the hearing, a party can not rely on a document that was not given 14
to the other party as required by subsection (1), unless the industrial 15
magistrate agrees. 16
555 Adjourning hearing 17
(1) The industrial magistrate may, at any time before or after the start of 18
the hearing, adjourn the hearing if satisfied it could be held more 19
conveniently-- 20
(a) at another place or before another industrial magistrate, having 21
regard to the difficulty or expense of producing witnesses, or for 22
another appropriate reason; or 23
(b) at a future time. 24
(2) If the magistrate adjourns the hearing to another industrial 25
magistrate-- 26
(a) the magistrate must send the relevant documents to the registrar 27
of the appropriate Magistrates Court; and 28
(b) the other industrial magistrate has jurisdiction to decide the 29
matter as if it had been brought before that magistrate. 30
s 556 298 s 557
Workers' Compensation and Rehabilitation Bill 2003
556 Additional medical evidence 1
(1) This section applies if-- 2
(a) the condition of a claimant or worker who has, or is said to have, 3
sustained an injury is relevant to the appeal; or 4
(b) the cause, nature or extent of the injury or incapacity arising from 5
the injury is relevant to the appeal. 6
(2) The industrial magistrate may, at any time before or after the start of 7
the hearing, order the claimant or worker to submit to a personal 8
examination by 1 or more specified registered persons. 9
(3) The industrial magistrate may also, as the magistrate considers 10
appropriate, make an order about-- 11
(a) the way, time and place of the examination; and 12
(b) costs of the application for the order and of the examination. 13
(4) An opinion formed on the examination must be given to the 14
respondent and the respondent must make the opinion available to the 15
appellant. 16
(5) Subsection (6) applies if the claimant or worker-- 17
(a) fails, without reasonable excuse, to attend for the examination at 18
the time and place ordered by the magistrate; or 19
(b) having attended, refuses to be examined by a registered person; 20
or 21
(c) obstructs, or attempts to obstruct, the examination. 22
(6) Any entitlement the claimant or worker may have to compensation is 23
suspended until the claimant or worker undergoes the examination. 24
557 Correcting defects in proceedings 25
(1) For the proper hearing of an appeal, the industrial magistrate may 26
order-- 27
(a) anything necessary be supplied; or 28
(b) defects or errors be corrected. 29
(2) The magistrate may make the order at any time before or after the 30
start of the hearing. 31
(3) The order may be made on conditions. 32
s 558 299 s 560
Workers' Compensation and Rehabilitation Bill 2003
(4) Costs of the order are in the magistrate's discretion, except to the 1
extent provided under a regulation. 2
(5) All parties concerned must comply with the order. 3
558 Powers of industrial magistrate 4
(1) In deciding an appeal, the industrial magistrate may-- 5
(a) confirm the decision; or 6
(b) vary the decision; or 7
(c) set aside the decision and substitute another decision; or 8
(d) set aside the decision and return the matter to the respondent with 9
the directions the magistrate considers appropriate. 10
(2) If the magistrate acts under subsection (1)(b) or (c), the decision is 11
taken for this Act, other than this part, to be the decision of the insurer. 12
(3) Costs of the hearing are in the magistrate's discretion, except to the 13
extent provided under a regulation. 14
559 Decision of industrial magistrate 15
The industrial magistrate must give-- 16
(a) the magistrate's decision in a hearing in open court; and 17
(b) a written copy of the decision to each party. 18
560 Recovery of costs 19
(1) If the industrial magistrate makes an order for costs, the amount 20
ordered to be paid is a debt payable to the party in whose favour the order 21
is made. 22
(2) The order may be filed in the registry of a court having jurisdiction 23
for the recovery of a debt of the amount. 24
(3) On being filed, the order-- 25
(a) is taken to be an order properly made by the court; and 26
(b) may be enforced as an order made by the court. 27
s 561 300 s 564
Workers' Compensation and Rehabilitation Bill 2003
561 Appeal from industrial magistrate to Industrial Court 1
(1) A party aggrieved by the industrial magistrate's decision may appeal 2
to the Industrial Court. 3
(2) The appeal must be lodged as required under the Industrial Relations 4
(Tribunals) Rules 2000. 5
(3) The appeal is by way of rehearing on the evidence and proceedings 6
before the magistrate, unless the court orders additional evidence be heard. 7
(4) The court's decision is final. 8
562 Powers of Industrial Court 9
(1) In deciding an appeal, the Industrial Court may-- 10
(a) confirm the decision; or 11
(b) vary the decision; or 12
(c) set aside the decision and substitute another decision. 13
(2) If the court acts under subsection (1)(b) or (c), the decision is taken 14
for this Act, other than this part, to be the decision of the insurer. 15
563 Costs of appeal to Industrial Court 16
(1) On an appeal, the Industrial Court may order a party to pay costs 17
incurred by another party only if satisfied the party made the application 18
vexatiously or without reasonable cause. 19
(2) Costs of the order are to be in accordance with the Industrial 20
Relations (Tribunals) Rules 2000, rule 66. 21
564 Recovery of costs 22
(1) If the industrial court makes an order for costs, the amount ordered to 23
be paid is a debt payable to the party in whose favour the order is made. 24
(2) The order may be filed in the registry of a court having jurisdiction 25
for the recovery of a debt of the amount. 26
(3) On being filed, the order-- 27
(a) is taken to be an order properly made by the court; and 28
(b) may be enforced as an order made by the court. 29
s 565 301 s 567
Workers' Compensation and Rehabilitation Bill 2003
565 Decision about amount of premium 1
(1) If the decision appealed against is about an amount of premium, the 2
premium assessed by an industrial magistrate or the Industrial Court is the 3
premium payable by the employer. 4
(2) If the premium paid by the employer as a condition of the appeal to 5
an industrial magistrate is more than the premium assessed by the 6
industrial magistrate or Industrial Court, WorkCover must refund the 7
difference to the employer. 8
566 Decision about payment of compensation 9
(1) This section applies if an industrial magistrate or the Industrial Court 10
decides that an insurer is not liable to make payments of compensation to a 11
person. 12
(2) The person who received compensation is not required to refund 13
payment to the insurer. 14
(3) Subsection (2) is subject to section 537.243 15
Division 2--Appeal to court of competent jurisdiction 16
567 Application of div 2 17
This division applies to the following decisions made by the Authority-- 18
(a) a decision under section 77244 relating to the issue of a 19
self-insurer's licence; 20
(b) a decision under section 80245 relating to the renewal of a 21
self-insurer's licence; 22
(c) a decision under section 81246 relating to the amount of levy 23
payable by a self-insurer; 24
243 Section 537 (Fraud and related offences end entitlement to compensation and
damages)
244 Section 77 (Decision on application for the issue of a licence)
245 Section 80 (Refusal of application for renewal of a licence)
246 Section 81 (Annual levy payable)
s 568 302 s 569
Workers' Compensation and Rehabilitation Bill 2003
(d) a decision under section 87(2)247 relating to the procedures 1
followed in calculating a self-insurer's outstanding liability; 2
(e) a decision under section 96248 relating to the cancellation of a 3
self-insurer's licence; 4
(f) a decision under section 103249 to refuse to return all or part of a 5
former self-insurer's bank guarantee or cash deposit. 6
568 Who may appeal 7
An employer or self-insurer aggrieved by the decision may appeal 8
against the decision. 9
569 Starting appeals 10
(1) The appeal may be made to a court with jurisdiction in Brisbane. 11
(2) The court that has jurisdiction must be decided according to the 12
amount of-- 13
(a) for an appeal against a decision mentioned in section 567(a), (b), 14
(c), (d) or (e)--the employer's premium or self-insurer's deemed 15
premium; or 16
(b) for an appeal against a decision mentioned in section 567(f)--the 17
bank guarantee or cash deposit in dispute. 18
(3) A court has jurisdiction if the court has jurisdiction for recovery of a 19
debt of the amount. 20
(4) An appeal may only be made within 28 days after notice of the 21
decision is given to the employer or self-insurer. 22
(5) The appeal may only be started by-- 23
(a) filing a written notice of appeal with the court stating fully the 24
grounds of the appeal and the facts relied on; and 25
(b) serving a copy of the notice on the Authority. 26
247 Section 87 (Self-insurer replaces WorkCover in liability for injury)
248 Section 96 (Procedure for cancellation)
249 Section 103 (Return of bank guarantee or cash deposit after cancellation)
s 570 303 s 572
Workers' Compensation and Rehabilitation Bill 2003
570 Powers of court on appeal 1
(1) In deciding an appeal, the court-- 2
(a) has the same powers as the decision-maker; and 3
(b) is not bound by the rules of evidence. 4
(2) An appeal is by way of rehearing. 5
(3) The court may-- 6
(a) confirm the decision; or 7
(b) set aside the decision and substitute another decision the court 8
considers appropriate; or 9
(c) set aside the decision and return the matter to the Authority with 10
the directions the court considers appropriate. 11
571 Effect of decision of court on appeal 12
If a court substitutes another decision, the substituted decision is taken 13
for this Act, other than this part, to be the Authority's decision. 14
CHAPTER 14--MISCELLANEOUS 15
PART 1--INFORMATION 16
572 Claimant or worker entitled to obtain certain documents 17
(1) A person who is a claimant or worker for any provision of this Act 18
may, by written notice, ask the Authority or the insurer (the "document 19
holder") to give the person a copy of documents required to be kept by the 20
document holder that relate to the person's application for compensation or 21
claim for damages. 22
(2) The document holder must give the claimant or worker a copy of the 23
documents requested within 28 days after the claimant or worker gives the 24
notice, unless the document holder has a reasonable excuse for not doing 25
so. 26
s 573 304 s 573
Workers' Compensation and Rehabilitation Bill 2003
(3) Without limiting subsection (2), it is a reasonable excuse for the 1
document holder not to give the document or part of the document if-- 2
(a) the document or part is protected by legal professional privilege; 3
or 4
(b) the document or part would alert the claimant or worker to the 5
document holder's reasonable suspicion of fraud in relation to 6
the application for compensation or claim for damages; or 7
(c) the document holder believes the matter contained in the 8
document would meet the requirements of the Freedom of 9
Information Act 1992, part 3, division 2.250 10
573 Disclosure of information 11
(1) A person who is-- 12
(a) the commissioner of pay-roll tax appointed under the Pay-roll 13
Tax Act 1971; or 14
(b) the chief executive of the department within which the Workplace 15
Health and Safety Act 1995 is administered; 16
may disclose to the Authority or WorkCover any information the person 17
has relating to any matter under this Act or touching the administration of 18
this Act. 19
(2) The Authority or WorkCover may disclose to the commissioner of 20
pay-roll tax any information it has about anything under the Pay-roll Tax 21
Act 1971 or touching the administration of that Act. 22
(3) The Authority or WorkCover may disclose, to the chief executive of 23
the department within which the Workplace Health and Safety Act 1995 is 24
administered, statistical or other information that would help in the 25
performance of its administrative functions. 26
(4) An insurer may, if asked by another insurer (the "other insurer"), 27
disclose to the other insurer any information it has that is relevant to a 28
claim against the other insurer. 29
(5) An insurer must, if asked by the Authority, disclose to the Authority 30
statistical or other information in the way required by the Authority, but 31
only to discharge the Authority's functions under this Act. 32
250 Freedom of Information Act 1992, part 3 (Access to documents), division 2 (Exempt
matter)
s 574 305 s 574
Workers' Compensation and Rehabilitation Bill 2003
(6) Subsections (1) to (5) apply despite a provision of this or another 1
Act. 2
(7) If a person has information because the person is, or was, a director 3
or employee of the Authority or WorkCover, the person must not disclose 4
the information, unless the disclosure-- 5
(a) is for the Authority, WorkCover or this Act; or 6
(b) is required or authorised by this or another Act; or 7
(c) is authorised by the chief executive officer, generally or in a 8
particular case. 9
(8) In this section-- 10
"chief executive officer" means the chief executive officer of the Authority 11
or WorkCover. 12
574 Information from commissioner of police service 13
(1) The commissioner of the police service may, on the chief executive 14
officer's written request, give to the Authority or WorkCover information 15
in the possession of the Queensland Police Service that is mentioned in 16
subsection (2) about a person the Authority or WorkCover reasonably 17
suspects to have committed an offence against this Act. 18
(2) The information that may be given is-- 19
(a) the person's criminal history; and 20
(b) any brief of evidence compiled by the Queensland Police Service 21
on anything mentioned in the person's criminal history; and 22
(c) any document about any complaint made against the person. 23
(3) For this section, the Criminal Law (Rehabilitation of Offenders) Act 24
1986 does not apply. 25
(4) Information given to the Authority or WorkCover by the 26
commissioner of the police service under this section must not be used for 27
any purpose other than an investigation or prosecution under this Act. 28
(5) In this section-- 29
"chief executive officer" means the chief executive officer of the Authority 30
or WorkCover. 31
s 575 306 s 576
Workers' Compensation and Rehabilitation Bill 2003
575 Information use immunity 1
Information obtained from a person in relation to an application for 2
compensation or a claim for damages can not be used against the person in 3
a proceeding for an offence under any other Act, other than a proceeding in 4
which it is alleged the information was false or misleading. 5
576 Information not actionable 6
(1) This section applies to an action for defamation, or a proceeding for 7
other redress, about the disclosure of information in the possession of the 8
Authority or an insurer, or traceable to that possession. 9
(2) Action can not be brought against the Authority or the insurer, or a 10
person acting for any of them, by a person claiming to be aggrieved about 11
the disclosure about a claimant's-- 12
(a) physical or mental condition; or 13
(b) capacity or incapacity for work; or 14
(c) credibility. 15
(3) Subsections (1) and (2) apply to information in the possession of a 16
self-insurer only to the extent the information came into the self-insurer's 17
possession under its powers and functions under section 92251 or because of 18
a disclosure by an insurer under section 573(4).252 19
(4) In this section-- 20
"claimant" means a person for whose injury, or purported injury, 21
compensation or damages is sought, is being paid or has been paid. 22
"information" includes opinion and comment. 23
251 Section 92 (Powers of self-insurers)
252 Section 573 (Disclosure of information)
s 577 307 s 578
Workers' Compensation and Rehabilitation Bill 2003
PART 2--AUDITS 1
577 Audit of wages and contracts 2
(1) The Authority may engage the services of a person (an "authorised 3
auditor") who, in the Authority's opinion, has appropriate qualifications 4
and experience to carry out an audit of-- 5
(a) wages paid by or on behalf of a self-insurer to, or on account of, 6
workers employed by the self-insurer; and 7
(b) contracts let by or on behalf of a self-insurer for performance of 8
work. 9
(2) WorkCover may engage the services of a person (also an 10
"authorised auditor") who, in WorkCover's opinion, has appropriate 11
qualifications and experience to carry out an audit of-- 12
(a) wages paid by or on behalf of an employer to, or on account of, 13
workers employed by the employer; and 14
(b) contracts let by or on behalf of an employer for performance of 15
work. 16
(3) For conducting an audit, an authorised auditor is entitled, at all 17
reasonable times, to full and free access to the documents prescribed under 18
a regulation for section 520(1)253 that-- 19
(a) are relevant to the audit; and 20
(b) belong to, are in the custody of, or are under the control of, the 21
employer. 22
PART 3--PROCEEDINGS 23
578 Proceedings for offences against ch 8 24
(1) This section applies to a proceeding for an offence against chapter 8. 25
(2) A proceeding for a prescribed offence may, at the election of the 26
prosecution, be taken-- 27
253 Section 520 (Keeping and inspection of documents)
s 578 308 s 578
Workers' Compensation and Rehabilitation Bill 2003
(a) in a summary way under the Justices Act 1886; or 1
(b) on indictment. 2
(3) A proceeding must be before a magistrate if it is a proceeding-- 3
(a) with a view to the summary conviction of a person on a charge of 4
a prescribed offence; or 5
(b) for an examination of witnesses in relation to a charge for a 6
prescribed offence. 7
(4) However, if a proceeding for a prescribed offence is brought before a 8
justice who is not a magistrate, jurisdiction is limited to taking or making a 9
procedural action or order under the Justices of the Peace and 10
Commissioners for Declarations Act 1991. 11
(5) A proceeding for an offence in a summary way must start-- 12
(a) within 1 year after the commission of the offence; or 13
(b) within 6 months after the commission of the offence comes to the 14
complainant's knowledge; 15
whichever is the later. 16
(6) If-- 17
(a) a person charged with a prescribed offence, in relation to which a 18
proceeding is taken by way of a summary proceeding, asks, at 19
the start of the proceeding, that the charge be prosecuted on 20
indictment; or 21
(b) the magistrate hearing and deciding a charge of a prescribed 22
offence is of the opinion that the charge ought to be prosecuted 23
on indictment; 24
the magistrate-- 25
(c) must not hear and decide the charge as a summary offence; but 26
(d) must proceed by way of an examination of witnesses in relation 27
to an indictable offence. 28
(7) If a magistrate acts under subsection (6)-- 29
(a) any plea of the person charged, made at the start of the 30
proceeding, must be disregarded; and 31
(b) any evidence brought in the proceeding before the magistrate 32
decided to act under subsection (8) is taken to be evidence in the 33
s 579 309 s 579
Workers' Compensation and Rehabilitation Bill 2003
proceeding with a view to the committal of the person for trial or 1
sentence; and 2
(c) before committing the person for trial or sentence, the magistrate 3
must make a statement to the person under the Justices Act 1886, 4
section 104(2)(b).254 5
(8) The maximum penalty that may be imposed on a summary 6
conviction of a prescribed offence is 100 penalty units or 1 year's 7
imprisonment. 8
(9) A prescribed offence is-- 9
(a) for a prescribed offence for which the maximum penalty of 10
imprisonment is less than 5 years--a misdemeanour; 11
(b) otherwise--a crime. 12
(10) In this section-- 13
"prescribed offence" means an offence against this Act for which the 14
maximum penalty of imprisonment is 2 years imprisonment or more. 15
579 Summary proceedings for offences other than against ch 8 16
(1) This section applies to a proceeding for an offence against this Act 17
other than chapter 8.255 18
(2) The proceeding for the offence is to be taken in a summary way 19
under the Justices Act 1886 before an industrial magistrate on the 20
complaint of-- 21
(a) the chief executive officer of the Authority or WorkCover; or 22
(b) a person authorised for the purpose by the chief executive officer 23
of the Authority or WorkCover; or 24
(c) the Attorney-General. 25
(3) The proceeding must start-- 26
(a) within 1 year after the commission of the offence; or 27
254 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in
relation to an indictable offence)
255 Chapter 8 (WorkCover Queensland)
s 580 310 s 580
Workers' Compensation and Rehabilitation Bill 2003
(b) within 6 months after the commission of the offence comes to the 1
knowledge of the chief executive officer of the Authority or 2
WorkCover; 3
whichever is the later. 4
(4) All penalties recovered under the proceeding are to be paid-- 5
(a) if the proceeding was brought by the Authority--to the 6
Authority; or 7
(b) if the proceeding was brought by WorkCover--to WorkCover. 8
580 Recovery of debts under this Act 9
(1) Every amount-- 10
(a) payable to WorkCover as a premium, additional premium or 11
charge; or 12
(b) recoverable by WorkCover on any account whatever; 13
is a debt owed to WorkCover by the person liable to pay the premium, 14
additional premium or charge, or from whom the amount is recoverable. 15
(2) An amount payable to the Authority as a levy or additional amount or 16
recoverable by the Authority on any account whatever, is a debt owed to the 17
Authority by the person liable to pay the levy or additional amount, or from 18
whom the amount is recoverable. 19
(3) The Authority or WorkCover may recover a debt owed to it-- 20
(a) on the complaint of its chief executive officer under the Justices 21
Act 1886, before an industrial magistrate; or 22
(b) by action for debt. 23
(4) If, for a contravention of this Act, there exists-- 24
(a) a right to recover an amount as a debt; and 25
(b) a right to proceed for a penalty as for an offence; 26
the amount may be recovered as a debt even though the proceeding for the 27
penalty has not been taken. 28
(5) Payment of a penalty does not relieve a person from liability to be 29
assessed and to pay a premium or from liability to pay another amount 30
under this Act. 31
s 581 311 s 583
Workers' Compensation and Rehabilitation Bill 2003
581 Self-insurer recovery of debts 1
A self-insurer may recover a debt owed to the self-insurer because of 2
payments made by the self-insurer under section 92256-- 3
(a) on the complaint of the self-insurer under the Justices Act 1886, 4
before an industrial magistrate; or 5
(b) by action for debt. 6
582 Powers of industrial magistrate 7
(1) For this Act, an industrial magistrate has all the powers conferred on 8
an industrial magistrate by the Industrial Relations Act 1999 or by the rules 9
of court or a regulation made for that Act, so far as those powers are 10
appropriate to matters arising under this Act. 11
(2) Also, for any proceeding before an industrial magistrate under this 12
Act to which this Act does not expressly apply the provisions of the 13
Justices Act 1886, a regulation may provide for all matters relating to the 14
proceeding, including, for example, the summonsing of witnesses and the 15
hearing of an appeal. 16
(3) A regulation under subsection (2) prevails over any inconsistent rule 17
of court or regulation mentioned in subsection (1). 18
583 Evidence 19
(1) The Authority's chief executive officer may issue certificates for 20
subsection (2). 21
(2) A certificate stating the following matters is evidence of the matters 22
in any proceeding about anything arising under this Act-- 23
(a) that commission of an offence against this Act came to the 24
knowledge of the Authority's chief executive officer or delegate 25
issuing the certificate on a specified date; 26
(b) that an address to which any notice or other document was sent 27
by post to any person is that person's place of business, place of 28
residence or postal address last known to the Authority or 29
self-insurer; 30
(c) that a worker has a specified WRI; 31
256 Section 92 (Powers of self-insurers)
s 583 312 s 583
Workers' Compensation and Rehabilitation Bill 2003
(d) that a worker has a specified WRI establishing the worker's 1
access to damages; 2
(e) that a specified amount is due and payable to a self-insurer and 3
unpaid by a specified person for an overpayment of 4
compensation; 5
(f) that a specified amount is due and payable on account of an 6
amount paid by a self-insurer to, or on account of, a specified 7
person; 8
(g) that a specified amount was paid by a self-insurer to or on 9
account of a specified person for a specified matter, date or 10
purpose. 11
(3) WorkCover's chief executive officer may issue certificates for 12
subsection (4). 13
(4) A certificate stating the following matters is evidence of the matters 14
in any proceeding about anything arising under this Act-- 15
(a) that-- 16
(i) notice of acceptance of a risk, or of assessment or 17
reassessment of a premium, was duly sent on a specified 18
date to a specified person; and 19
(ii) a specified amount of premium was demanded by the 20
notice; 21
(b) that-- 22
(i) a default assessment, or a decision on an objection made to 23
a default assessment, was duly made; and 24
(ii) notice of the assessment or decision was duly sent on a 25
specified date to a specified person at an address that is the 26
person's place of business, place of residence or postal 27
address last known to WorkCover; and 28
(iii) a specified amount of premium was demanded by the notice 29
of default assessment, or of decision on objection; 30
(c) that commission of an offence against this Act came to the 31
knowledge of WorkCover's chief executive officer or delegate 32
issuing the certificate on a specified date; 33
(d) that an address to which any notice or other document was sent 34
by post to any person is that person's place of business, place of 35
residence or postal address last known to WorkCover; 36
s 583 313 s 583
Workers' Compensation and Rehabilitation Bill 2003
(e) that a worker has a specified WRI; 1
(f) that a worker has a specified WRI establishing the worker's 2
access to damages; 3
(g) that no objection has been received from a specified person 4
against a default assessment within 21 days after notice of the 5
assessment was given to the person; 6
(h) that a specified amount is due and payable to WorkCover and 7
unpaid by a specified person for a premium or a charge; 8
(i) that a specified amount is due and payable to WorkCover and 9
unpaid by a specified person for an overpayment of 10
compensation; 11
(j) that a specified person who is stated in the certificate to be an 12
employer has contravened section 48,257 and how the person has 13
contravened the section; 14
(k) that a specified amount is due and payable to WorkCover and 15
unpaid by a specified person who is stated in the certificate to be 16
an employer who has contravened section 48 in relation to a 17
specified person; 18
(l) that a specified amount is due and payable on account of an 19
amount paid by WorkCover to, or on account of, a specified 20
person; 21
(m) that a specified amount was paid by WorkCover to or on account 22
of a specified person for a specified matter, date or purpose. 23
(5) A document purporting to be a certificate under this Act is 24
admissible as the certificate it purports to be in any proceeding about 25
anything arising under this Act. 26
(6) A statement in a complaint for an offence against this Act of any of 27
the following is evidence of the matter stated-- 28
(a) that the person making the complaint is authorised to do so; 29
(b) that the matter of the complaint came to the knowledge of the 30
complainant or the chief executive officer of the Authority or 31
WorkCover on a specified day. 32
(7) Evidence that an insurer has received an application for 33
compensation is evidence in any proceeding about anything arising under 34
257 Section 48 (Employer's obligation to insure)
s 584 314 s 585
Workers' Compensation and Rehabilitation Bill 2003
this Act that the application was lodged by the person named in the 1
application as the applicant on the day it was received by the insurer. 2
PART 4--REGULATIONS 3
584 Regulation-making power 4
(1) The Governor in Council may make regulations under this Act. 5
(2) A regulation may make provision for anything specified in 6
schedule 1. 7
PART 5--OTHER PROVISIONS 8
585 Entitlements to compensation under industrial instrument 9
prohibited and void 10
(1) The Industrial Relations Commission can not include in an industrial 11
instrument made by it, or approve for an industrial instrument submitted to 12
it, a provision for accident pay, or other payment, on account of a worker 13
sustaining an injury. 14
(2) The registrar of the Industrial Relations Commission is not to register 15
an industrial instrument submitted to the registrar that provides for 16
payment of accident pay, or other payment, on account of a worker 17
sustaining an injury. 18
(3) A provision of an industrial instrument is of no force or effect to the 19
extent that it provides for payment of accident pay, or other payment on 20
account of a worker sustaining an injury. 21
s 586 315 s 589
Workers' Compensation and Rehabilitation Bill 2003
586 Approval of forms 1
(1) WorkCover's chief executive officer may approve forms for 2
chapter 2, parts 2 and 3258 for use under this Act. 3
(2) The Authority's chief executive officer may approve other forms for 4
use under this Act. 5
587 Service of documents 6
For the Acts Interpretation Act 1954, section 39,259 the address of a 7
person's place of residence or business includes the person's postal 8
address. 9
588 Repeal 10
The WorkCover Queensland Act 1996 is repealed. 11
CHAPTER 15--TRANSITIONAL PROVISIONS 12
PART 1--INTERPRETATION 13
589 Definitions for ch 15 14
In this chapter-- 15
"Q-COMP" means the former division of WorkCover called Q-COMP 16
that was responsible for the regulatory functions of the scheme. 17
"repealed Act" means the WorkCover Queensland Act 1996. 18
"transferred person" means a person to whom section 594 applies. 19
258 Chapter 2 (Employer's obligations), parts 2 (Employer's insurance requirements)
and 3 (Insurance under WorkCover policies generally)
259 Acts Interpretation Act 1954, section 39 (Service of documents)
s 590 316 s 592
Workers' Compensation and Rehabilitation Bill 2003
590 Other savings preserved 1
This chapter does not limit the Acts Interpretation Act 1954, 2
section 20.260 3
PART 2--LEGAL SUCCESSION 4
591 Continuation of WorkCover Queensland 5
WorkCover Queensland mentioned as being established under 6
section 380261 is a continuation of WorkCover Queensland established 7
under section 330262 of the repealed Act. 8
592 Authority is legal successor of Q-COMP 9
(1) On the commencement of this section, the Authority is the successor 10
in law of Q-COMP with the intent that-- 11
(a) the assets and liabilities of WorkCover that, before the 12
commencement, were managed by Q-COMP become the assets 13
and liabilities of the Authority; and 14
(b) anything that, before the commencement, was under the control 15
of Q-COMP becomes under the control of the Authority; and 16
(c) a proceeding relating to a decision or action of Q-COMP or an 17
officer of Q-COMP that has not ended before the 18
commencement may, after the commencement, be continued by 19
or against the Authority; and 20
(d) if a proceeding could have been taken relating to a decision or 21
action of Q-COMP or an officer of Q-COMP before the 22
commencement, the proceeding may be taken by or against the 23
Authority after the commencement; and 24
260 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act etc.)
261 Section 380 (WorkCover is established)
262 WorkCover Queensland Act 1996, section 330 (WorkCover is established)
s 593 317 s 594
Workers' Compensation and Rehabilitation Bill 2003
(e) any application received by Q-COMP before the commencement 1
is, from the commencement, taken to be an application received 2
by the Authority; and 3
(f) the Authority otherwise stands in the place of Q-COMP. 4
(2) From the commencement of this section, in an Act, instrument or 5
document, a reference to WorkCover in its regulatory capacity under the 6
repealed Act may, if the context permits, be taken as a reference to the 7
Authority. 8
PART 3--TRANSFER TO THE AUTHORITY 9
593 Transfer of general manager of Q-COMP 10
On the commencement of this section, the person who immediately 11
before the commencement was Q-COMP's general manager becomes the 12
Authority's chief executive officer on the same conditions of appointment, 13
including salary, as applied to the person immediately before the 14
commencement. 15
594 Transfer of staff of Q-COMP to Authority 16
(1) On the commencement of this section, a person who immediately 17
before the commencement was employed in Q-COMP-- 18
(a) becomes an employee of the Authority; and 19
(b) stops being an employee of WorkCover and becomes a public 20
service officer. 21
(2) A transferred person may claim against the Authority all entitlements 22
owing to the person as an employee of WorkCover. 23
(3) A transferred person's long service leave entitlements are to be 24
calculated as if service with WorkCover and as a public service officer 25
were continuous service as a public service officer. 26
s 595 318 s 597
Workers' Compensation and Rehabilitation Bill 2003
595 Preserved employment conditions 1
(1) A transferred person is taken to be employed by the Authority on the 2
same conditions of employment, including salary, as applied to the person 3
immediately before the transfer. 4
(2) A person employed by the Authority who is not a transferred person 5
is to be employed on the same conditions of employment, including salary, 6
as a transferred person. 7
596 Transferred persons' superannuation on becoming public service 8
officers 9
A transferred person may continue as a contributor to or member of the 10
superannuation scheme to which the person contributed or was the member 11
of before the commencement of this section. 12
PART 4--INSURANCE 13
597 Merit bonuses and demerit charges 14
(1) Merit bonuses and demerit charges are applicable to policies entered 15
into before the repeal of the Workers' Compensation Act 1990 as if it had 16
not been repealed. 17
(2) In this section-- 18
"demerit charges" means demerit charges under the repealed Workers' 19
Compensation Regulation 1992, section 13A.263 20
"merit bonuses" means merit bonuses under the repealed Workers' 21
Compensation Act 1990, section 52.264 22
263 Workers' Compensation Regulation 1992, section 13A (Demerit charges)
264 Workers' Compensation Act 1990, section 52 (Discounting of premiums)
s 598 319 s 601
Workers' Compensation and Rehabilitation Bill 2003
598 Other contracts of insurance 1
From the commencement of this section, a contract of insurance, other 2
than a policy, issued under a former Act is taken to be a contract of 3
insurance issued by WorkCover. 4
599 Previous non-policy compensation arrangement with State 5
(1) This section applies to amounts that would have been payable by a 6
government entity to the workers' compensation board under the repealed 7
Workers' Compensation Act 1990, section 198,265 if the Act had not been 8
repealed. 9
(2) The government entity must pay the amounts to WorkCover. 10
PART 5--SELF-INSURANCE 11
600 Licences 12
(1) A licence issued to a self-insurer by WorkCover under the repealed 13
Act is taken to be a licence issued to a self-insurer by the Authority under 14
this Act. 15
(2) Without limiting section 592(1), any application under chapter 2, 16
part 5 of the repealed Act is taken to be an application to the Authority 17
under a corresponding provision of this Act. 18
601 Number of full-time workers 19
(1) Section 101(a) or 102(b) of the repealed Act as in force
266
20
immediately before 3 March 1999, continues to apply to the renewal of a 21
self-insurer's licence if the self-insurer-- 22
(a) was licensed as a self-insurer immediately before 3 March 1999; 23
or 24
265 Workers' Compensation Act 1990, section 198 (Recovery of amounts from State)
266 WorkCover Queensland Act 1996, section 101 (Issue and renewal of licence to a
single employer) or 102 (Issue or renewal of licence to a group employer)
s 602 320 s 602
Workers' Compensation and Rehabilitation Bill 2003
(b) lodged an application to be licensed as a self-insurer on or before 1
3 March 1999. 2
(2) Subsection (1) stops applying to a self-insurer if the self-insurer's 3
licence is subsequently cancelled. 4
602 Self-insurer's bank guarantee 5
(1) This section applies if a self-insurer made an election under the 6
repealed WorkCover Queensland Regulation 1997, section 93267 to accept 7
an interim payment of an amount on account of the self-insurer's 8
outstanding liability. 9
(2) This section applies only until the end of 5 years after the self-insurer 10
became liable for compensation and damages for the outstanding liability. 11
(3) From the commencement of this section, the unconditional bank 12
guarantee or cash deposit required to be lodged by the self-insurer under 13
section 84(2)268 before the renewal of the self-insurer's licence is the 14
greater of-- 15
(a) $5m; or 16
(b) the total of-- 17
(i) 100% of the part of the self-insurer's estimated claims 18
liability, as defined under section 84(6), that is outstanding 19
liability; and 20
(ii) 150% of the part of the self-insurer's estimated claims 21
liability, as defined under section 84(6), that is residual 22
liability. 23
(4) This section expires on 30 September 2006. 24
267 WorkCover Queensland Regulation 1997, section 93 (Election by current
self-insurer or current applicant about payment for outstanding liability)
268 Section 84 (Bank guarantee or cash deposit)
s 603 321 s 604
Workers' Compensation and Rehabilitation Bill 2003
PART 6--INJURIES 1
603 Injury under former Act 2
(1) This section applies if a worker sustained an injury before the 3
commencement of this section. 4
(2) A former Act, as is force when the injury was sustained, applies in 5
relation to the injury. 6
(3) Section 558 of the repealed Act continues to apply in relation to a 7
former Act mentioned in the section. 8
(4) However, a person entitled to lump sum compensation, weekly 9
payments or dependant allowances under a former Act is entitled to the 10
benefit of every increase in QOTE. 11
(5) In this section-- 12
"injury" means injury as defined in the former Act. 13
604 Ex gratia payments 14
(1) WorkCover may make an ex gratia lump sum payment in relation to 15
a person who sustained an injury, on or after 1 July 1999 but before 1 July 16
2000, that resulted in death or could result in a WRI of 20% or more. 17
(2) The payment may be made only if the person is not a worker within 18
the meaning of the repealed Act as in force immediately before 1 July 2000 19
but would be a worker within the meaning of-- 20
(a) the repealed Act as in force on 1 July 2000; or 21
(b) this Act. 22
(3) A payment under this section must be in the amount decided by 23
WorkCover, but may not be more than the amount that would be payable if 24
the person were a worker. 25
s 605 322 s 608
Workers' Compensation and Rehabilitation Bill 2003
PART 7--INJURY MANAGEMENT 1
605 Rehabilitation coordinators 2
A person who was a rehabilitation coordinator under the repealed Act 3
immediately before the commencement of this section is, on the 4
commencement, taken to be a rehabilitation coordinator under this Act. 5
606 Workplace rehabilitation policy and procedures 6
Workplace rehabilitation policy and procedures applying under the 7
repealed Act immediately before the commencement of this section are, on 8
the commencement, taken to be workplace rehabilitation policy and 9
procedures under this Act. 10
PART 8--MEDICAL ASSESSMENT TRIBUNALS 11
607 Continuation of tribunals 12
Each medical assessment tribunal is existence under the repealed Act 13
immediately before the commencement of this section continues in 14
existence as the corresponding tribunal under this Act. 15
PART 9--OFFENCES 16
608 Offences 17
(1) Proceedings for an offence against the repealed Act may be started or 18
continued as if this Act had not been passed. 19
(2) However, section 579269 applies as if the proceeding were for an 20
offence under this Act. 21
269 Section 579 (Summary proceedings for offences other than against ch 8)
s 609 323 s 611
Workers' Compensation and Rehabilitation Bill 2003
PART 10--REVIEWS AND APPEALS 1
609 Decisions by WorkCover or self-insurer 2
Chapter 9 of the repealed Act, as in force immediately before 1 July 3
1999, continues to apply to a decision made by WorkCover or a self-insurer 4
before 1 July 1999 as if the WorkCover Queensland Amendment Act 1999, 5
section 45,270 had not been enacted. 6
PART 11--MISCELLANEOUS 7
610 Claim for loss of consortium 8
To remove any doubt, the repeal of section 613 of the repealed Act does 9
not affect the preservation of the entitlement to seek damages for loss of 10
consortium in relation to an injury. 11
611 Spouse of worker dying before 1 April 2004 12
(1) This section applies in relation to a death of a worker that happens 13
after the commencement of this section but before 1 April 2004. 14
(2) For this Act, the spouse of the deceased worker includes a person 15
who, although not legally married to the deceased worker-- 16
(a) lived with the worker as the worker's husband or wife for a 17
continuous period of at least 1 year immediately before the 18
commencement of this section; and 19
(b) continued to live with the worker as the worker's husband or wife 20
until the worker died. 21
270 WorkCover Queensland Amendment Act 1999, section 45 (Replacement of ch 9)
s 612 324 s 614
Workers' Compensation and Rehabilitation Bill 2003
CHAPTER 16--AMENDMENT OF OTHER 1
LEGISLATION 2
PART 1--AMENDMENT OF INDUSTRIAL RELATIONS 3
ACT 1999 4
612 Act amended in pt 1 5
This part amends the Industrial Relations Act 1999. 6
613 Insertion of new ch 2, pt 1, div 1A 7
Chapter 2, part 1 before division 1-- 8
insert-- 9
`Division 1A--Minimum wage 10
`8A Minimum wage 11
`(1) An employee is entitled to a wage that is not less than the 12
Queensland minimum wage declared by the full bench's general ruling 13
under section 287.271 14
`(2) This section does not apply to an employee who is excluded from 15
the operation of the general ruling under section 287(5).'. 16
614 Amendment of s 275 (Power to declare persons to be employees or 17
employers) 18
(1) Section 275(3)(e) and (f)-- 19
renumber as section 275(3)(f) and (g). 20
(2) Section 275(3)-- 21
insert-- 22
`(e) whether the contract is designed to, or does, exclude the 23
operation of the Queensland minimum wage; or'. 24
271 Section 287 (General rulings)
s 615 325 s 617
Workers' Compensation and Rehabilitation Bill 2003
615 Amendment of s 276 (Power to amend or void contracts) 1
(1) Section 276(2)(d)-- 2
renumber as section 276(2)(e). 3
(2) Section 276(2)-- 4
insert-- 5
`(d) the Queensland minimum wage; or'. 6
616 Amendment of s 293 (Magistrates' jurisdiction is exclusive) 7
Section 293(2)(a), after `instrument or permit'-- 8
insert-- 9
`or under section 8A '. 272
10
617 Amendment of s 367 (Time and wages record--non-industrial 11
instrument employees) 12
(1) Section 367(1)(a)(ii) to (iv)-- 13
renumber as section 367(1)(a)(iii) to (v). 14
(2) Section 367(1)(a)-- 15
insert-- 16
`(ii) the number of hours worked by the employee during each 17
day and week; and'. 18
(3) Section 367(1)(a), as amended, and section 367(1)(b)-- 19
renumber as section 367(1)(c) and (d). 20
(4) Section 367(1)-- 21
insert-- 22
`(a) the employee's full name and address; 23
(b) the employee's date of birth;'. 24
(5) Section 367-- 25
insert-- 26
272 Section 8A (Minimum wage)
s 618 326 s 620
Workers' Compensation and Rehabilitation Bill 2003
`(1A) Subsection (1)(b) and (c)(ii) does not apply to an employee who is 1
excluded from the operation of a general ruling for the Queensland 2
minimum wage under section 287(5).'. 3
618 Amendment of s 376 (Definitions for pt 2) 4
Section 376, definition "fixed rate"-- 5
omit, insert-- 6
` "fixed rate", in division 3,273 means the rate applicable under-- 7
(a) for an apprentice or trainee--section 136; or 8
(b) for an employee under an industrial instrument or permit--the 9
industrial instrument or permit; or 10
(c) for an employee who is entitled to the Queensland minimum 11
wage and in relation to whom paragraph (a) or (b) does not 12
apply--a general ruling for the Queensland minimum wage.'. 13
619 Amendment of s 666 (Non-payment of wages) 14
Section 666(1)-- 15
omit, insert-- 16
`(1) An employer must pay the wages payable to an employee under a 17
relevant industrial instrument or permit or under section 8A or 136274-- 18
(a) to the employee; or 19
(b) in accordance with the employee's written direction. 20
Maximum penalty--200 penalty units.'. 21
620 Amendment of s 701 (False pretences relating to employment) 22
Section 701(3), `If, under a relevant industrial instrument in a calling,'-- 23
omit, insert-- 24
273 Division 3 (Paying and recovering wages)
274 Section 8A (Minimum wage) or 136 (Apprentice's and trainee's employment
conditions)
s 621 327 s 622
Workers' Compensation and Rehabilitation Bill 2003
`If in a calling, under a relevant industrial instrument or under a general 1
ruling for the Queensland minimum wage,'. 2
621 Amendment of sch 5 (Dictionary) 3
(1) Schedule 5, definition "reduced wages"-- 4
omit. 5
(2) Schedule 5-- 6
insert-- 7
` "Queensland minimum wage" see section 287(11). 275
8
"reduced wages" means-- 9
(a) for a person to whom an industrial instrument or permit 10
applies--wages at a rate less than that provided for under the 11
industrial instrument or permit; or 12
(b) for a person to whom section 8A applies--wages at a rate less 13
than the Queensland minimum wage.'. 14
(3) Schedule 5, definition "claim for wages", paragraph (a)-- 15
omit, insert-- 16
`(a) for an employee's wages payable under an industrial instrument 17
or permit or under section 8A;276 or'. 18
PART 2--MINOR AND CONSEQUENTIAL 19
AMENDMENTS 20
622 Acts amended in sch 5 21
Schedule 5 amends the Acts it mentions. 22
275 Section 287 (General rulings)
276 Section 8A (Minimum wage)
328
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 1 1
REGULATIONS 2
section 584 3
1. Fixing and varying premiums, rates of premium, bonuses and demerit 4
charges in relation to policies, including providing for an increase in the 5
rate or a charge if, because of an employer's carelessness or another reason 6
WorkCover considers sufficient, the risk carried by WorkCover is greater 7
than that usually carried in cases of accident insurance of a similar 8
description. 9
2. Provision for payment of additional premiums in relation to policies, and 10
fixing the rates of additional premiums, in cases where employers fail to 11
give to WorkCover the prescribed annual returns within the time decided 12
and notified by WorkCover. 13
3. Authorising WorkCover to assess premiums to be paid, as WorkCover 14
directs, by-- 15
(a) employers; or 16
(b) other persons with whom WorkCover has made contracts of 17
insurance; or 18
(c) persons required to give returns; or 19
(d) persons whom WorkCover believes to be employers; 20
and to increase, reduce and enforce payment of the assessments. 21
4. The time in which and place where a premium is to be paid to 22
WorkCover. 23
5. Acceptance by WorkCover of risk under contracts of insurance other 24
than policies, the conditions or provisions to be contained or implied in the 25
contracts, the nature and extent of risk covered by the contracts. 26
6. The proper conduct of WorkCover's insurance business. 27
7. Returns to be given to WorkCover, including-- 28
(a) the persons who must give the returns, whether employers or 29
other persons; and 30
329
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 1 (continued)
(b) the time and how the returns must be given. 1
8. The acceptance by WorkCover of payment of premium by instalments, 2
including-- 3
(a) payment of interest; and 4
(b) the rate and calculation of interest; and 5
(c) security to WorkCover for payment of instalments and interest; 6
and the result of and remedies on a failure to make payment due or to 7
honour obligations under a security given to WorkCover for payment of the 8
premium. 9
9. The mode of service of process in legal proceedings, or of a notice or 10
document, for this Act that is not provided for under chapter 14. 11
10. The evidentiary value and if necessary, the admissibility into evidence, 12
in a proceeding before a court, tribunal or person for this Act of a 13
certificate, or copy of or extract from a document kept under this Act for 14
anything under this Act, that is not provided for under chapter 14. 15
11. The management of a claim for which there is more than one 16
defendant. 17
12. Costs, including costs before and after a proceeding is started, and the 18
type and amount of costs that may be claimed by or awarded to a claimant 19
during any stage before or after the start of a proceeding. 20
13. Imposing a penalty for a contravention of a regulation of not more than 21
20 penalty units. 22
330
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 2 1
WHO IS A WORKER 2
section 11 3
PART 1--PERSONS WHO ARE WORKERS 4
1. A person who works under a contract, or at piecework rates, for labour 5
only or substantially for labour only. 6
2. A person who works for another person under a contract (regardless of 7
whether the contract is a contract of service) unless-- 8
(a) the person performing the work-- 9
(i) is paid to achieve a specified result or outcome; and 10
(ii) has to supply the plant and equipment or tools of trade 11
needed to perform the work; and 12
(iii) is, or would be, liable for the cost of rectifying any defect in 13
the work performed; or 14
(b) a personal services business determination is in effect for the 15
person performing the work under the Income Tax Assessment 16
Act 1997 (Cwlth), section 87-60.277 17
3. A person who works a farm as a sharefarmer if-- 18
(a) the sharefarmer does not provide and use in the sharefarming 19
operations farm machinery driven or drawn by mechanical 20
power; and 21
(b) the sharefarmer is entitled to not more than 1/3 of the proceeds of 22
the sharefarming operations under the sharefarming agreement 23
with the owner of the farm. 24
4. A salesperson, canvasser, collector or other person ("salesperson") paid 25
entirely or partly by commission, if the commission is not received for or in 26
connection with work incident to a trade or business regularly carried on by 27
the salesperson, individually or by way of a partnership. 28
277 Income Tax Assessment Act 1997 (Cwlth), section 87-60 (Personal services business
determinations for individuals)
331
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 2 (continued)
5. A contractor, other than a contractor mentioned in part 2, section 4 of 1
this schedule, if-- 2
(a) the contractor makes a contract with some one else for the 3
performance of work that is not incident to a trade or business 4
regularly carried on by the contractor, individually or by way of a 5
partnership; and 6
(b) the contractor-- 7
(i) does not sublet the contract; or 8
(ii) does not employ a worker; or 9
(iii) if the contractor employs a worker, performs part of the 10
work personally. 11
6. A person who is party to a contract of service with another person who 12
lends or lets on hire the person's services to someone else. 13
7. A person who is party to a contract of service with a labour hire agency 14
or a group training organisation that arranges for the person to do work for 15
someone else under an arrangement made between the agency or 16
organisation and the other person. 17
8. A person who is party to a contract of service with a holding company 18
whose services are let on hire by the holding company to another person. 19
PART 2--PERSONS WHO ARE NOT WORKERS 20
1. A person who performs work under a contract of service with-- 21
(a) a corporation of which the person is a director; or 22
(b) a trust of which the person is a trustee; or 23
(c) a partnership of which the person is a member; or 24
(d) the Commonwealth, a Commonwealth authority or a licensed 25
corporation under the Safety Rehabilitation and Compensation 26
Act 1988 (Cwlth). 27
2. A person who performs work under a contract of service as a 28
professional sportsperson while-- 29
332
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 2 (continued)
(a) participating in a sporting or athletic activity as a contestant; or 1
(b) training or preparing for participation in a sporting or athletic 2
activity as a contestant; or 3
(c) performing promotional activities offered to the person because 4
of the person's standing as a sportsperson; or 5
(d) engaging on any daily or other periodic journey in connection 6
with the participation, training, preparation or performance. 7
3. A member of the crew of a fishing ship if-- 8
(a) the member's entitlement to remuneration is contingent upon the 9
working of the ship producing gross earnings or profits; and 10
(b) the remuneration is wholly or mainly a share of the gross 11
earnings or profits. 12
4. A person who, in performing work under a contract, other than a contract 13
of service, supplies and uses a motor vehicle for driving tuition. 14
5. A person participating in an approved program or work for 15
unemployment payment under the Social Security Act 1991 (Cwlth), 16
section 601 or 606.278 17
278 Social Security Act 1991 (Cwlth), section 601 (Activity test) or 606 (Newstart
Activity Agreements--terms)
333
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 3 1
WHO IS AN EMPLOYER 2
section 30 3
PART 1--PERSONS WHO ARE EMPLOYERS 4
1. A person who lends or lets on hire the services of a worker who is party 5
to a contract of service with that person continues to be the worker's 6
employer while the worker's services are lent or let on hire. 7
2. If a labour hire agency or group training organisation arranges for a 8
worker who is party to a contract of service with the agency or organisation 9
to do work for someone else, the agency or organisation continues to be the 10
worker's employer while the worker does the work for the other person 11
under an arrangement made between the agency or organisation and the 12
other person. 13
3. If a holding company lets on hire the services of a worker who is party to 14
a contract of service with the holding company, the holding company 15
continues to be the worker's employer while the worker's services are let 16
on hire. 17
4. The owner of the farm is the employer of a person who works the farm 18
as a sharefarmer, and any worker employed by the sharefarmer, if-- 19
(a) the sharefarmer does not provide and use in the sharefarming 20
operations farm machinery driven or drawn by mechanical 21
power; and 22
(b) the sharefarmer is entitled to not more than 1/3 of the proceeds of 23
the sharefarming operations under the sharefarming agreement. 24
5. A person by whom commission is payable to a salesperson, canvasser, 25
collector or other person (a "salesperson"), who is paid entirely or partly 26
by commission, is the employer of the salesperson if the commission is not 27
received for or in connection with work incident to a trade or business 28
regularly carried on by the salesperson, individually or by means of a 29
partnership. 30
334
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 3 (continued)
6. A person is the employer of a contractor (other than a contractor 1
mentioned in schedule 2, part 2, section 4), and any worker employed by 2
the contractor, if-- 3
(a) the person makes a contract with the contractor for the 4
performance of work that is not incident to a trade or business 5
regularly carried on by the contractor, individually or by means 6
of a partnership; and 7
(b) the contractor-- 8
(i) does not sublet the contract; or 9
(ii) does not employ a worker; or 10
(iii) if the contractor employs a worker, performs part of the 11
work under the contract personally. 12
7. If a corporation is a worker's employer and an administrator is appointed 13
under the Corporations Act to administer the corporation, the corporation 14
continues to be the worker's employer while the corporation is under 15
administration. 16
PART 2--PERSONS WHO ARE NOT EMPLOYERS 17
1. A person is not the employer of a person who works for the person under 18
a contract (regardless of whether the contract is a contract of service) if-- 19
(a) the person performing the work-- 20
(i) is paid to achieve a specified result or outcome; and 21
(ii) has to supply the plant and equipment or tools of trade 22
needed to perform the work; and 23
(iii) is, or would be, liable for the cost of rectifying any defect in 24
the work performed; or 25
(b) a personal services business determination is in effect for the 26
person performing the work under the Income Tax Assessment 27
Act 1997 (Cwlth), section 87-60.279 28
279 Income Tax Assessment Act 1997 (Cwlth), section 87-60 (Personal services business
determinations for individuals)
335
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 4 1
ADJACENT AREAS 2
section 113(9) 3
4 Definitions 4
In this schedule-- 5
"continental shelf" has the same meaning as in the Seas and Submerged 6
Lands Act 1973 (Cwlth). 7
"territorial sea" has the same meaning as in the Seas and Submerged 8
Lands Act 1973 (Cwth). 9
5 Adjacent areas 10
(1) The adjacent area for New South Wales, Victoria, South Australia or 11
Tasmania is so much of the area described in the Petroleum (Submerged 12
Lands) Act 1967 (Cwlth), schedule 2 in relation to that State as is within the 13
outer limits of the continental shelf and includes the space above and below 14
that area. 15
(2) The adjacent area for Queensland is-- 16
(a) so much of the area described in the Petroleum (Submerged 17
Lands) Act 1967 (Cwlth), schedule 2 in relation to Queensland as 18
is within the outer limits of the continental shelf; and 19
(b) the Coral Sea area (within the meaning of the Petroleum 20
(Submerged Lands) Act 1967 (Cwlth), section 5A(7)) other than 21
the territorial sea within the Coral Sea area; and 22
(c) the areas within the outer limits of the territorial sea adjacent to 23
certain islands of Queensland as determined by proclamation on 24
4 February 1983 under the Seas and Submerged Lands Act 1973 25
(Cwth), section 7; and 26
(d) the space above and below the areas described in paragraphs (a), 27
(b) and (c). 28
(3) The adjacent area for Western Australia is so much of the area 29
described in the Petroleum (Submerged Lands) Act 1967 (Cwlth), 30
schedule 2 in relation to Western Australia as-- 31
336
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 4 (continued)
(a) is within the outer limits of the continental shelf; and 1
(b) is not within Area A of the Zone of Cooperation; 2
and includes the space above and below that area. 3
(4) The adjacent area for the Northern Territory is-- 4
(a) so much of the area described in the Petroleum (Submerged 5
Lands) Act 1967 (Cwlth), schedule 2 in relation to the Northern 6
Territory as-- 7
(i) is within the outer limits of the continental shelf; and 8
(ii) is not within Area A of the Zone of Cooperation; and 9
(b) the adjacent area for the Territory of Ashmore and Cartier Islands 10
(within the meaning of the Petroleum (Submerged Lands) Act 11
1967 (Cwlth), section 5A(3)) other than the territorial sea within 12
that area; and 13
(c) the space above and below the areas described in paragraphs (a) 14
and (b). 15
(5) However, the adjacent area for a State does not include any area 16
inside the limits of any State or Territory. 17
337
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 5 1
ACTS AMENDED 2
section 622 3
BUILDING AND CONSTRUCTION INDUSTRY 4
(PORTABLE LONG SERVICE LEAVE) ACT 1991 5
7 Section 51A(1)(a), `WorkCover Queensland Act 1996, section 6
343'-- 7
omit, insert-- 8
`Workers' Compensation and Rehabilitation Act 2003, section 32280'. 9
BUILDING UNITS AND GROUP TITLES ACT 1980 10
8 Section 56(1)(a), `WorkCover Queensland Act 1996'-- 11
omit, insert-- 12
`Workers' Compensation and Rehabilitation Act 2003'. 13
CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1964 14
9 Section 5(1)(e), `WorkCover Queensland Act 1996'-- 15
omit, insert-- 16
`Workers' Compensation and Rehabilitation Act 2003'. 17
280 Workers' Compensation and Rehabilitation Act 2003, section 32 (Meaning of
"injury")
338
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 5 (continued)
10 Section 5(1)(e), `WorkCover Queensland'-- 1
omit, insert-- 2
`an insurer'. 3
11 Section 5(2)-- 4
insert-- 5
`"insurer" means an insurer under the Workers' Compensation and 6
Rehabilitation Act 2003.'. 7
COAL AND OIL SHALE MINE WORKERS' 8
SUPERANNUATION ACT 1989 9
12 Section 4(6), definition "unpaid leave", paragraph (b), 10
`WorkCover Queensland Act 1996'-- 11
omit, insert-- 12
`Workers' Compensation and Rehabilitation Act 2003'. 13
COMMUNITY SERVICES (ABORIGINES) ACT 1984 14
13 Section 182(x), `WorkCover Queensland Act 1996'-- 15
omit, insert-- 16
`Workers' Compensation and Rehabilitation Act 2003'. 17
COMMUNITY SERVICES (TORRES STRAIT) ACT 1984 18
14 Section 192(u), `WorkCover Queensland Act 1996'-- 19
omit, insert-- 20
`Workers' Compensation and Rehabilitation Act 2003'. 21
339
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 5 (continued)
DUTIES ACT 2001 1
15 Section 352, `WorkCover Queensland Act 1996'-- 2
omit, insert-- 3
`Workers' Compensation and Rehabilitation Act 2003'. 4
16 Section 356, `WorkCover Queensland Act 1996'-- 5
omit, insert-- 6
`Workers' Compensation and Rehabilitation Act 2003'. 7
17 Schedule 6, definition "WorkCover Queensland", `WorkCover 8
Queensland Act 1996'-- 9
omit, insert-- 10
`Workers' Compensation and Rehabilitation Act 2003'. 12
11
EDUCATION (WORK EXPERIENCE) ACT 1996 13
18 Section 8(1), `WorkCover Queensland Act 1996'-- 14
omit, insert-- 15
`Workers' Compensation and Rehabilitation Act 2003'. 16
HEALTH RIGHTS COMMISSION ACT 1991 17
19 Schedule 1, part 2, section 1, `WorkCover Queensland Act 1996'-- 18
omit, insert-- 19
`Workers' Compensation and Rehabilitation Act 2003'. 20
340
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 5 (continued)
HOSPITALS FOUNDATIONS ACT 1982 1
20 Section 37(4), `WorkCover Queensland Act 1996'-- 2
omit, insert-- 3
`Workers' Compensation and Rehabilitation Act 2003'. 4
INDUSTRIAL RELATIONS ACT 1999 5
21 Section 91, definition "injury", `WorkCover Queensland Act 6
1996'-- 7
omit, insert-- 8
`Workers' Compensation and Rehabilitation Act 2003'. 9
22 Section 92(3), definition "injury", `WorkCover Queensland Act 10
1996'-- 11
omit, insert-- 12
`Workers' Compensation and Rehabilitation Act 2003'. 13
INTEGRATED RESORT DEVELOPMENT ACT 1987 14
23 Section 120(1)(a), `WorkCover Queensland Act 1996'-- 15
omit, insert-- 16
`Workers' Compensation and Rehabilitation Act 2003'. 17
24 Section 155(1)(a), `WorkCover Queensland Act 1996'-- 18
omit, insert-- 19
`Workers' Compensation and Rehabilitation Act 2003'. 20
341
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 5 (continued)
MIXED USE DEVELOPMENT ACT 1993 1
25 Section 182(1)(a), `WorkCover Queensland Act 1996'-- 2
omit, insert-- 3
`Workers' Compensation and Rehabilitation Act 2003'. 4
PERSONAL INJURIES PROCEEDINGS ACT 2002 5
26 Section 6(2)(b), `WorkCover Queensland Act 1996'-- 6
omit, insert-- 7
`Workers' Compensation and Rehabilitation Act 2003'. 8
POLICE SERVICE ADMINISTRATION ACT 1990 9
27 Section 10.8, `WorkCover Queensland Act 1996'-- 10
omit, insert-- 11
`Workers' Compensation and Rehabilitation Act 2003'. 12
PUBLIC SAFETY PRESERVATION ACT 1986 13
28 Section 10, `WorkCover Queensland Act 1996'-- 14
omit, insert-- 15
`Workers' Compensation and Rehabilitation Act 2003'. 16
PUBLIC SERVICE ACT 1996 17
29 Schedule 1-- 18
insert-- 19
342
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 5 (continued)
`12A Workers' Compensation Chief executive officer of the
Regulatory Authority Authority'.
SANCTUARY COVE RESORT ACT 1985 1
30 Section 37(1)(a), `WorkCover Queensland Act 1996'-- 2
omit, insert-- 3
`Workers' Compensation and Rehabilitation Act 2003'. 4
31 Section 81(1)(a), `WorkCover Queensland Act 1996'-- 5
omit, insert-- 6
`Workers' Compensation and Rehabilitation Act 2003'. 7
SOUTH BANK CORPORATION ACT 1989 8
32 Schedule 7, section 56(1)(a), `WorkCover Queensland Act 1996'-- 9
omit, insert-- 10
`Workers' Compensation and Rehabilitation Act 2003'. 11
TRAINING AND EMPLOYMENT ACT 2000 12
33 Section 124, `WorkCover Queensland Act 1996, section 2415'-- 13
omit, insert-- 14
`Workers' Compensation and Rehabilitation Act 2003, section 22 '. 281
15
281 Workers' Compensation and Rehabilitation Act 2003, section 22 (Students)
343
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 5 (continued)
WORKPLACE HEALTH AND SAFETY ACT 1995 1
34 Section 182A(1), `WorkCover Queensland'-- 2
omit, insert-- 3
`The Workers' Compensation Regulatory Authority'. 4
35 Section 182A(1), `WorkCover Queensland Act 1996'-- 5
omit, insert-- 6
`Workers' Compensation and Rehabilitation Act 2003'. 7
36 Section 182A(3)(b), `WorkCover'-- 8
omit, insert-- 9
`the Authority'. 10
37 Section 182A(4), definition "employer", `WorkCover Queensland 11
Act 1996, section 32'-- 12
omit, insert-- 13
`Workers' Compensation and Rehabilitation Act 2003, section 30'. 14
38 Section 182A(4), definition "group employer", `WorkCover 15
Queensland Act 1996, schedule 3'-- 16
omit, insert-- 17
`Workers' Compensation and Rehabilitation Act 2003, schedule 6'. 18
344
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 6 1
DICTIONARY 2
section 7 3
"accident insurance" see section 8. 4
"accredited workplace" see section 45. 5
"aggravation" includes acceleration. 6
"aircraft" includes a machine, glider or apparatus designed to fly by 7
gaining support from the atmosphere. 8
"amount payable under an industrial instrument" see section 105. 9
"approved form" see section 586. 10
"arrangement", for schedules 2 and 3, includes agreement, promise, 11
scheme, transaction, understanding and undertaking (whether express 12
or implied). 13
"authorised auditor" see section 577. 14
"authorised person" means-- 15
(a) a person appointed as an authorised person by the Authority 16
under section 370; or 17
(b) a person appointed as an authorised person by WorkCover under 18
section 466. 19
"Authority" means the Workers' Compensation Regulatory Authority. 20
"Authority employee" means-- 21
(a) the Authority's chief executive officer; or 22
(b) a person employed by the Authority under a contract of service. 23
"bank guarantee" includes a guarantee given by Queensland Treasury 24
Corporation. 25
"board" means-- 26
(a) for chapter 7 and chapter 9, part 1--the Authority's board; or 27
(b) for chapter 8 and chapter 9, part 2--WorkCover's board. 28
345
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 6 (continued)
"calling" means any activity ordinarily giving rise to the receipt of 1
remuneration or reward including self employment or the 2
performance of an occupation, trade, profession, or carrying on of a 3
business, whether or not the person performing the activity received 4
remuneration. 5
"chief executive officer" means-- 6
(a) the Authority's chief executive officer appointed under 7
section 355; or 8
(b) WorkCover's chief executive officer appointed under 9
section 442. 10
"claimant", other than for chapter 5, means a person who lodges an 11
application for compensation. 12
"classification group employer" means 2 or more employers that are in-- 13
(a) a pre-existing stable business relationship-- 14
(i) of at least 2 years; or 15
(ii) for an entity that has been in existence for less than 16
2 years--since the entity's inception; and 17
(b) the same industry or business classification specified by 18
WorkCover by industrial gazette notice. 19
"community service obligations" of WorkCover, see section 409. 20
"compensation" see section 9. 21
"complying notice of claim" means a notice of claim that complies with 22
section 275. 23
"contract of service" includes an apprenticeship contract or traineeship 24
contract under the Training and Employment Act 2000. 25
"contractor" means a person who has contracted with someone else for 26
the performance of work or provision of a service. 27
"conviction" means a finding of guilt, or the acceptance of a plea of guilty, 28
by a court. 29
"court" means the court having jurisdiction in relation to the amount or 30
matter referred to. 31
"damages" see section 10. 32
346
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 6 (continued)
"deemed premium" means a premium calculated under a regulation. 1
"dependant" see section 27. 2
"director", of a corporation, includes-- 3
(a) a person holding or acting in the position of a director (by 4
whatever name called) of the corporation whether or not the 5
person was validly appointed to hold, or is duly authorised to act 6
in, the position; and 7
(b) a person under whose directions or instructions the corporation is 8
ordinarily controlled. 9
"doctor" means a registered medical practitioner. 10
"due date" means the day an amount becomes payable under this Act or 11
under a premium notice. 12
"elective hospitalisation" see section 215. 13
"eligible person" see section 23. 14
"employer" see section 30. 15
"employs 30 or more workers", for an employer, means that the 16
employer during the current calendar year employed, or is likely to 17
employ, 30 or more workers for a total of any 40 days during the year. 18
"event" see section 31. 19
"excess period" see section 65. 20
"former Act" means-- 21
(a) the Workers' Compensation Act 1916; or 22
(b) the Workers' Compensation Act 1990; or 23
(c) the WorkCover Queensland Act 1996. 24
"fully funded", in relation to WorkCover, means fully funded as provided 25
by section 453. 26
"government entity" means the State, a State agency or instrumentality or 27
a GOC. 28
"group employer" means a classification group employer or related 29
bodies corporate group employer. 30
347
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 6 (continued)
"group training organisation" means a group training organisation under 1
the Training and Employment Act 2000. 2
"hospitalisation" means treatment provided to a person as an in-patient at 3
a private hospital. 4
"impairment" see section 37. 5
"industrial deafness" means loss of hearing (other than total loss of 6
hearing in either ear) caused by excessive noise. 7
"industrial instrument" means-- 8
(a) any of the following under the Industrial Relations Act 1999-- 9
(i) an award; 10
(ii) a certified agreement; 11
(iii) an industrial agreement; 12
(iv) an EFA; 13
(v) a QWA; 14
(vi) an order under chapter 5, part 5, 6 or 7 of that Act; or 15
(b) an award or agreement under the Workplace Relations Act 1996 16
(Cwlth). 17
"injury" see section 32. 18
"insurer"-- 19
(a) generally--means WorkCover or a self-insurer; or 20
(b) in relation to a claimant or worker whose employer for the 21
purposes of the injury is a self-insurer--means the self-insurer; 22
or 23
(c) in relation to any person otherwise entitled to compensation for 24
the injury--means WorkCover. 25
"labour hire agency", for schedules 2 and 3, means an entity, other than a 26
holding company, that conducts a business that includes the supply of 27
services of workers to others. 28
"maximum statutory compensation", means an amount equal to the 29
amount of compensation payable under chapter 3, part 6. 30
"medical assessment tribunal" means-- 31
348
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 6 (continued)
(a) the General Medical Assessment Tribunal mentioned in 1
section 491; or 2
(b) a specialty medical assessment tribunal mentioned in 3
section 491. 4
"medical condition" means a condition of a medical nature that is not an 5
injury under section 32. 6
"medical treatment" means-- 7
(a) treatment by a doctor, dentist, physiotherapist, occupational 8
therapist, psychologist, chiropractor, osteopath, podiatrist or 9
speech pathologist; or 10
(b) assessment for industrial deafness by an audiologist; or 11
(c) the provision of diagnostic procedures or skiagrams; or 12
(d) the provision of nursing, medicines, medical or surgical supplies, 13
curative apparatus, crutches or other assistive devices. 14
"motor vehicle" includes-- 15
(a) a machine or apparatus designed for propulsion completely 16
or partly by petrol, diesel, oil, LPG, or other motor spirit, oil 17
or gas, electricity, steam or other mechanical power; and 18
(b) a motorcycle; and 19
(c) a caravan, caravan trailer or other trailer designed to be 20
attached to a motor vehicle. 21
"non-reviewable decision" see section 548. 22
"normal weekly earnings" see section 106. 23
"notice of assessment" means a notice of assessment of permanent 24
impairment issued by WorkCover under section 185. 25
"notice of claim" means a notice under section 275 that a claimant intends 26
to seek damages for an injury sustained by the claimant. 27
"NWE" means normal weekly earnings. 28
"OHS report", for chapter 2, part 4, means a report about occupational 29
health and safety performance prepared under the Workplace Health 30
and Safety Act 1995, part 14, division 1A. 31
"outstanding liability" see section 87(1)(b). 32
349
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 6 (continued)
"payable amount" means an amount due and payable. 1
"period of insurance" means the period of accident insurance cover 2
specified in a policy, policy renewal certificate or premium notice. 3
"permanent impairment" see section 38. 4
"personal injury", to a person, includes damage to or destruction of-- 5
(a) a prosthesis actually fitted to the person; or 6
(b) an assistive device, being crutches, spectacles or medical aids, 7
while in actual use by the person for a purpose for which the 8
device is intended. 9
"place of employment" means the premises, works, plant, or place for the 10
time being occupied by, or under the control or management of, the 11
employer by whom a worker concerned is employed, and in, on, at, or 12
in connection with which the worker was working when the worker 13
sustained injury. 14
"policy" means a policy for a contract of accident insurance, and includes 15
a policy under a former Act. 16
"pre-existing stable business relationship", for a classification group 17
employer, includes-- 18
(a) membership of a common representative organisation; and 19
(b) common ownership or management; and 20
(c) involvement in joint ventures or joint ownership of assets. 21
"premium notice" means a notice issued by WorkCover of an assessment 22
of premium, a default assessment of premium, or a reassessment of 23
premium. 24
"prescribed disfigurement" means severe facial disfigurement or severe 25
bodily scarring. 26
"private hospital" see section 215. 27
"public hospital" see section 215. 28
"QOTE" see section 107. 29
"redemption payment" means a payment under section 171, 172 or 173. 30
"registered" means-- 31
350
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 6 (continued)
(a) in relation to a person mentioned in the definition "medical 1
treatment", paragraph (a) who is held out as providing, or 2
qualified to provide, medical treatment--registered under the law 3
of the place where the medical treatment is provided as a person 4
lawfully entitled to provide the medical treatment in that place; 5
or 6
(b) in relation to an audiologist--certified by the Audiological 7
Society of Australia. 8
"registered person" means a registered person of a description mentioned 9
in the definition "medical treatment". 10
"rehabilitation" see section 40. 11
"rehabilitation coordinator" see section 41. 12
"related bodies corporate group employer" means 2 or more employers 13
who are related bodies corporate. 14
"related body corporate" has the meaning given by the Corporations Act. 15
"residual liability" see section 87(1)(a). 16
"review decision" see section 545. 17
"self-insurer" means a single employer or group employer licensed under 18
chapter 2, part 4. 19
"self-insurer's workers" means the workers employed by a self-insurer 20
before the issue of the self-insurer's licence or during the period of the 21
self-insurer's licence. 22
"ship" means any kind of vessel used in navigation by water, however 23
propelled or moved, and includes-- 24
(a) a barge, lighter, or other floating vessel; and 25
(b) an air-cushion vehicle, or other similar craft, used wholly or 26
primarily in navigation by water. 27
"single employer"-- 28
(a) includes persons in partnership that are employers; but 29
(b) does not include a limited partnership formed under the 30
Mercantile Act 1867 or the Partnership (Limited Liability) Act 31
1988. 32
351
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 6 (continued)
"single pension rate", for chapter 3, part 9, division 4, means the amount 1
of the maximum single disability support pension payable from time 2
to time under a Commonwealth law, but does not include an amount 3
for allowances, for example, rent assistance or family payment. 4
"specialist" means a person registered as a specialist registrant under the 5
Medical Practitioners Registration Act 2001. 6
"spouse" of a deceased worker, see section 29. 7
"student" for chapter 3, part 11, see section 195. 8
"substantive law", for chapter 6, see section 322. 9
"suitable duties" see section 42. 10
"suspects" includes believes. 11
"table of costs" means the table of costs for the provision of the relevant 12
ambulance transportation, medical treatment or rehabilitation for the 13
time being as decided by the Authority to be acceptable for this Act. 14
"table of injuries" means the table of injuries prescribed under a 15
regulation. 16
"terminal condition" see section 234. 17
"this Act" for chapter 5, includes a former Act. 18
"total liability" see section 89(2). 19
"tribunal", other than in section 114(4), means a medical assessment 20
tribunal. 21
"vehicle" for section 36, means a motor vehicle, bicycle, aircraft, train, 22
boat or anything else used to carry persons or goods from place to 23
place, even if the vehicle is incapable of use because of mechanical 24
defect or because a part has been removed. 25
"wages" means the total amount paid, or provided by, an employer to, or 26
on account of, a worker as wages, salary or other earnings by way of 27
money or entitlements having monetary value, but does not include-- 28
(a) allowances payable in relation to any travelling, car, removal, 29
meal, education, living in the country or away from home, 30
entertainment, clothing, tools and vehicle expenses; and 31
352
Workers' Compensation and Rehabilitation Bill 2003
SCHEDULE 6 (continued)
(b) contribution by an employer to a scheme for superannuation 1
benefits for a worker, other than contribution made from money 2
payable to the worker; and 3
(c) lump sum payments on termination of a worker's services for 4
superannuation, accrued holidays, long service leave or any other 5
purpose; and 6
(d) an amount payable under section 66. 7
"WorkCover" means WorkCover Queensland. 8
"WorkCover employee" means-- 9
(a) WorkCover's chief executive officer; or 10
(b) a senior executive of WorkCover; or 11
(c) a person employed by WorkCover under a contract of service. 12
"WorkCover Queensland" means WorkCover Queensland established 13
under section 380. 14
"worker" see section 11. 15
"Workers' Compensation Regulatory Authority" means the Workers' 16
Compensation Regulatory Authority established under section 326. 17
"workplace" means a place where work is, is to be, or is likely to be, 18
performed by a worker or employer and is a place-- 19
(a) that is for the time being occupied by the employer or under the 20
control or direction of the worker's employer; or 21
(b) where the worker is under the control or direction of the worker's 22
employer. 23
"workplace rehabilitation" see section 43. 24
"workplace rehabilitation policy and procedures" see section 44. 25
"work related impairment" see section 39. 26
"WRI" means work related impairment. 27
"written final offer", for chapter 5, see section 233. 29
28
� State of Queensland 2003
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