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1
Workers' Compensation Amendment Bill 1993
WORKERS' COMPENSATION
AMENDMENT BILL OF 1993
EXPLANATORY NOTE
GENERAL OUTLINE
Objectives of the legislation
The objectives of this Bill are to provide authority under the Workers'
Compensation Act 1990 to allow payments to be made from the Workers'
Compensation `Fund' to various organisations whose activities promote
safety in the workplace or directly or indirectly benefit the injured worker.
Reasons for the Bill
Since 1926 the Workers' Compensation Board of Queensland has made
grants from the Workers' Compensation Fund to various organisations
which provide services to injured and disabled persons and to organisations
that promote safety in the workplace in the State of Queensland. These
payments are made on the basis that injured workers either directly or
indirectly benefit from the activities of the organisation receiving the grant.
Payments from the fund to organisations for workers' compensation
related activities occur as part of the strategic operations of the Board. These
are:
� payments to the state Health department for treatment provided to
workers' compensation claimants at the state's public hospitals since
1983;
� payments to the Mines Rescue Brigade for the Board's on-going
support in terms of the Coal Mining Act 1925 since 1926;
� payments to the Royal Flying Doctor Service in support of the
urgent medical treatment provided by this service to injured workers in
remote areas of Queensland since 1956;
� payments to the National Safety Council from 1982 till 1991; and
� payments to the Division of Workplace Health and Safety since
1988.
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Workers' Compensation Amendment Bill 1993
While investigating the background to the establishment of funding from
the Workers' Compensation Fund for program initiatives in the Division of
Workplace Health and Safety, it was realised that the Workers'
Compensation Act did not contain specific provisions which would allow
this transfer of funds to occur.
Further investigations also revealed that certain other payments from the
Fund, directed towards the overall benefit of injured workers, may not have
authority under the Act.
With regards to the minor amendments and amendments by way of
statute revision, the Office of the Parliamentary Counsel have been
instructed to review and update current legislation in Queensland by
correcting any out of date references and removing any references that are
now redundant or unnecessary due to the Acts Interpretation Act 1954 or
the Statutory Instruments Act 1992.
Estimated Cost for Government Implementation
There will be no cost for Government.
Consultation
The Crown Solicitor gave an opinion supporting the need for the
amendment to the current legislation. Private legal advice also confirmed the
need for remedial legislation.
NOTES ON PROVISIONS
Clause 1 sets out the short title of the Bill.
Clause 2 sets out the date on which Section 4 of the Bill is taken to have
commenced.
Clause 3 states that the Workers' Compensation Act 1990 is amended as
set out in this Act.
Clause 4 sets out to amend section 4.1 of the Workers' Compensation
Act 1990 to provide the legislative authority for grants to be made from the
Workers' Compensation Fund.
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Workers' Compensation Amendment Bill 1993
MINOR AMENDMENTS
Clause 1 removes the unnumbered third paragraph from Section 1.2 as it
is more appropriately belongs in the interpretation section of the Act.
Clauses 2, 21, 22, 23, 32 and 33 update archaic language into plain
english.
Clause 3 omits an archaic reference from the Act.
Clause 4 places the provision removed by Clause 1 into the interpretation
section of the Act and expresses it in a more appropriate manner.
Clause 5 amends an incorrect reference to a "registered speech
therapist". The Health Legislation Amendment Act 1992 amended the
Speech Therapists Act by changing, inter alia, its name and the reference to
registered speech therapist to "registered speech pathologist".
Clause 6 amends incorrect references to "jockey" and "public hospital".
The existing definition of "jockey" was replaced by 1991 amendments to
the Racing and Betting Act 1980.
The existing definition of "public hospital" refers to an Act that was
repealed in 1991 by the Health Services Act 1991.
Clause 7 omits an unnecessary provision. The application of laws to a
person acting in a position is clearly spelt out in section 24C of the Acts
Interpretation Act 1954 which was inserted by the Statute Law
(Miscellaneous Provisions) Act 1993.
Clauses 8, 9, 12 and 16 omit matter of an administrative nature from the
legislation, in accordance with government policy.
Clauses 10 and 19 amend the Act in accordance with current drafting
practice. The inclusion in Acts of names of specific departments or
Ministers is no longer acceptable drafting practice because changes that
occur in the administration of Acts make the references incorrect. A more
general approach is used that ties the provision to a specific Act and allows
the provision to operate effectively even if the Act is later administered by a
different Minister.
Clause 11 effectively applies the new section 24C of the Acts
Interpretation Act 1954 to deputies of members making it unnecessary to
refer to powers and duties in the section.
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Workers' Compensation Amendment Bill 1993
Clause 13 omits a section that is deemed unnecessary because of section
25(1)(c) of the Acts Interpretation Act 1954. Under that section, the power
to reappoint a person if eligible to be appointed is an implied incidental
power arising out of the power to appoint.
Clause 14 omits a section that is deemed unnecessary because of
sections 23(3) and 26 of the Acts Interpretation Act 1954 which state that if
an Act confers a function or power on a body, the performance of the
function, or the exercise of the power, is not affected merely because of
vacancies in the membership of the body. The appointment of a person to
an office, to act in an office, to exercise a power or to do anything else is not
invalid merely because of a defect or irregularity in relation to the
appointment.
Clause 15 omits an unnecessary reference as section 27A of the Acts
Interpretation Act 1954 sets out the relevant powers in relation to
delegation.
Clause 17 removes words which are now redundant, as a result of
"statutory declaration" being defined in the Acts Interpretation Act 1954.
Clause 18 follows on from the inclusion in Clause 6 of the amended
definition of "jockey".
Clause 20 removes redundant words from the section.
Clause 21 adds the reference to the Superannuation (State Public Sector)
Act 1990 as the Act which was passed in substitution for the State Service
Superannuation Act 1972.
Clause 25 omits the reference to "college of advanced education" as this
type of institution no longer exists.
Clause 26 amends an incorrect reference as hospital boards no longer
exist and have been replaced by Regional Health Authorities.
Clause 27 reflects a change in Commonwealth legislation in relation to
the way in which "widow" is defined.
Clauses 28, 29, 30, 31, 32, 44 and 46 provide for amendments required
under the Statutory Instruments Act 1992. Orders in council of a legislative
character are subordinate legislation and must be notified in the Gazette,
tabled in Parliament and are subject to disallowance. The nature of the
instruments made under the Act have been reviewed in each amending Bill.
Where an order in council is clearly legislative, the type of instrument used
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Workers' Compensation Amendment Bill 1993
is changed to a regulation. In some cases, the use of an order in council or
regulation is clearly inappropriate and in those cases, the need for a
particular type of instrument of subordinate legislation is removed.
The Workers' Compensation Act 1990 is an Act to which the regulation
made under the Statutory Instruments Act 1992 applies.
Clause 35 removes redundant words from the section.
Clause 36 effects a change of name from "Ambulance Transport
Brigade" to "Ambulance Service" as a result of the passing of the
Ambulance Service Act 1991.
Clause 37 expresses the section in plain english.
Clause 38 expresses the section in plain english.
Clause 39 amends the section for three reasons. Firstly, there is a change
in reference from "widow's pension" to "widow pension" in the Social
Security Act 1991 of the Commonwealth. Secondly, the Social Services Act
1947 of the Commonwealth has been repealed and replaced by the Social
Services Act 1991. Thirdly, it provides for amendments required under the
Statutory Instruments Act 1992. The comments relating to Clauses 27, 28,
29, 30, 31 43 and 45 are appropriate in this respect.
Clauses 40, 41 and 42 delete the requirement for an order in council in
the case of the appointment of members to the General Medical
Assessment Tribunal. Each of these provisions relate to a matter of
administration. An Executive Council Minute is all that is required to effect
these appointments.
Clause 41 removes a provision which is now redundant.
Clauses 43, 44 and 45 substitute the reference to "orders in council"
with the reference to "Gazette notice" in order for sections 9.3 and 9.4 to
retain consistency with section 9.2.
Clause 46 applies the new section 24C of the Acts Interpretation Act
1954 to chair members making it unnecessary to refer to powers and duties
in the section.
Clause 47 expresses expresses sub-sections (3), (4) and (4A) in plain
english.
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Workers' Compensation Amendment Bill 1993
Clause 48 provides for the application of section 23(1) of the Acts
Interpretation Act 1954, and, in relation to existing section 9.7(2), because
of the reasons given in relation to clause 9. The new section 9.8 effectively
applies the new section 24C of the Acts Interpretation Act 1954 to alternate
members and removes other unnecessary provisions.
Clauses 49 and 50 correct out of date references in the Act to an officer
whose designated position has been changed by the Health Services Act
1991.
Clause 51 amends the section for two reasons. Firstly, it provides for the
application of section 24B of the Acts Interpretation Act 1954 which
provides for a person acting in a position to assume the same powers,
functions and obligations of the incumbent. Secondly, it provides for the
recent amendment to the title of "Director of Accident Prevention" in the
Workplace Health and Safety Act 1989 to "Director" as provided by the
Statute Law (Miscellaneous Provisions) Act 1993.
Clauses 52 and 54 provide for the removal of references to orders in
council as a type of instrument that may be used under the Act.
Clause 53 provides for the better clarification of the purpose of the
paragraph.
Clauses 55, 56, 57, 58 and 59 provide for the use of a neutral term
which then allows the person to be referred to as "chairman" or
"chairwoman" as the case may be.
� The State of Queensland 1993