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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
WORKERS'
COMPENSATION
AMENDMENT BILL 1993
Queensland
WORKERS' COMPENSATION
AMENDMENT BILL 1993
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s.4.1(The Fund) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 6
MINOR AMENDMENTS
1993
A BILL
FOR
An Act to amend the Workers' Compensation Act 1990
4
Workers' Compensation Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
This Act may be cited as the Workers' Compensation Amendment 3
Clause1.
Act 1993. 4
5
Commencement
Clause2. Section 4(2) is taken to have commenced on 1 January 1991. 6
Act 7
Amended
The Workers' Compensation Act 1990 is amended as set out in 8
Clause3.
this Act. 9
of s.4.1(The Fund) 10
Amendment
Section 4.1(1A)-- 11
Clause4.(1)
omit `, manage and control', insert `and manage'. 12
(2) Section 4.1(3)-- 13
omit, insert-- 14
`(3) Amounts standing to the credit of the Fund are to be applied in 15
making-- 16
(a) payments in relation to policies, whether of accident insurance or 17
other insurance business under this Act; and 18
(b) payments in relation to the administration of accident insurance 19
business or other insurance business undertaken by or on behalf 20
of the Board; and 21
(c) payments for purposes that the Board considers will assist in-- 22
(i) the treatment or alleviation of injury suffered by workers; or 23
(ii) the recognition or prevention of injury to workers; and 24
5
Workers' Compensation Amendment
(d) payments required under this Act to be made from the Fund. 1
`(4) A payment of the kind mentioned in subsection (3)(c) may be made 2
only with the Minister's approval.'. 3
4
6
Workers' Compensation Amendment
CHEDULE 1
¡S
INOR AMENDMENTS 2
M
section 3 3
1. Section 1.2(3)-- 4
omit. 5
2. Section 1.9(3)-- 6
omit `relict', insert `surviving spouse'. 7
3. Section 2.1(1) (definition "relict")-- 8
omit. 9
4. Section 2.1(1)-- 10
insert-- 11
` "commencement of this Act" means the day appointed under section 12
1.2(2);'. 13
5. Section 2.1(1) (definition "medical treatment", 14
paragraph (a)(viii))-- 15
omit, insert-- 16
`(viii)a registered speech pathologist;'. 17
6. Section 2.1(1) (definitions "jockey" and "public hospital")-- 18
omit, insert-- 19
` "jockey" means a person who is licensed as a jockey under the Racing 20
and Betting Act 1980 by the Queensland Principal Club or the 21
7
Workers' Compensation Amendment
SCHEDULE (continued)
Queensland Harness Racing Board; 1
"public hospital" means a hospital controlled by a Regional Health 2
Authority established under the Health Services Act 1991;'. 3
7. Section 2.1(4)-- 4
omit. 5
8. Section 3.2(a)-- 6
omit `nominated by the Minister'. 7
9. Section 3.2(b), (d) and (e)-- 8
omit `nominated by the Minister,'. 9
10. Section 3.2(c)-- 10
omit, insert-- 11
`(c) a medical practitioner who is an officer of the department that 12
deals with matters under the Health Act 1937;'. 13
11. Section 3.4(2)-- 14
omit, insert-- 15
`(2) A person appointed as a deputy of a member of the Board is entitled 16
to act as a member of the Board in the member's absence.'. 17
12. Section 3.4(3)-- 18
omit `is to be made on the nomination of the Minister and as far as 19
practicable such nomination must', 20
insert `must, as far as practicable,'. 21
8
Workers' Compensation Amendment
SCHEDULE (continued)
13. Section 3.6(1A)-- 1
omit. 2
14. Section 3.16-- 3
omit. 4
15. Section 3.21-- 5
omit, insert-- 6
`General Manager's power of delegation 7
`3.21 The General Manager may delegate the General Manager's powers 8
under this Act to an officer of the Board.'. 9
16. Section 4.5(3)-- 10
omit, insert-- 11
`(3) The Governor in Council may approve a scheme for the distribution 12
of an amount available for distribution under subsection (1). 13
`(4) If a scheme is approved by the Governor in Council, the amount 14
available for distribution is to be distributed in accordance with the scheme 15
among holders of policies in force at any time during the year to which the 16
report furnished under subsection (1) relates.'. 17
17. Section 5.2(3)(c)-- 18
omit `in accordance with the Oaths Act 1867'. 19
18. Section 5.5-- 20
insert-- 21
`(3) Compensation under this Act is not payable in respect of injury 22
suffered by a jockey if the injury relates to a horse race or trotting race 23
9
Workers' Compensation Amendment
SCHEDULE (continued)
conducted at a place at which the jockey is not authorised under the Racing 1
and Betting Act 1980 to ride or drive.'. 2
19. Section 5.8(7)-- 3
omit `of the Department of Community Services and Health'. 4
20. Section 6.2(3)-- 5
omit `on which the subsection so waived does not apply to the 6
application'. 7
21. Section 7.3(3)-- 8
omit `or the State Service Superannuation Act 1972, or any Act passed in 9
substitution', 10
insert `, the State Service Superannuation Act 1972 or the 11
Superannuation (State Public Sector) Act 1990'. 12
22. Section 7.6-- 13
omit `relict', insert `surviving spouse'. 14
23. Section 7.6-- 15
omit `relict's', insert `surviving spouse's'. 16
24. Section 7.14(1) and (2)-- 17
omit `relict', insert `surviving spouse'. 18
25. Section 8.1(1) (Table, Column 1, paragraph (b)(ii))-- 19
omit `or college of advanced education'. 20
10
Workers' Compensation Amendment
SCHEDULE (continued)
26. Section 8.1(1) (Table, Column 1, paragraph (b)(iv))-- 1
omit, insert-- 2
`(iv) by a Regional Health Authority established under the Health 3
Services Act 1991;'. 4
27. Section 8.1(1) (Table, Column 2, opposite paragraph (f) in 5
Column 1)-- 6
omit `widow's', insert `class B widow'. 7
28. Section 8.7(1)-- 8
omit `for the time being, by order in council', insert `by regulation'. 9
29. Section 8.7(2)-- 10
omit `An order in council', insert `A regulation'. 11
30. Section 8.7(3)-- 12
omit `order in council', insert `regulation'. 13
31. Section 8.7(3)(a) and (b)-- 14
omit `order', insert `regulation'. 15
32. Section 8.11-- 16
omit `order in council', insert `regulation'. 17
33. Section 8.13(1) (Table, Column 1, paragraph (c))-- 18
omit `relict', insert `surviving spouse'. 19
11
Workers' Compensation Amendment
SCHEDULE (continued)
34. Section 8.15(1) (Table, Column 1, paragraph (a) and (b))-- 1
omit `relict', insert `surviving spouse'. 2
35. Section 8.24(3)-- 3
omit `accepted as reasonable, on which the Board is liable to pay the fee 4
or cost as so increased in that particular case'. 5
36. Section 8.27(1)(a)-- 6
omit `Transport Brigade', insert `Service'. 7
37. Section 8.27(4)-- 8
omit, insert-- 9
`(4) If-- 10
(a) a worker is not entitled under subsection (3)(a) to be recouped by 11
the Board for travelling expenses; and 12
(b) in a period of 7 consecutive days, the worker incurs travelling 13
expenses in reasonably travelling at least 150 km to and from a 14
place for the purpose of seeking medical or hospital treatment for 15
an injury suffered by the worker; 16
the Board is liable to recoup the worker for the expenses.'. 17
38. Section 8.28(4)-- 18
omit, insert-- 19
`(4) Within 60 days after receiving written notice of the suspension of the 20
entitlement to compensation, the worker may, by written notice given to the 21
Board, require the General Manager to refer the suspension to an Industrial 22
Magistrate. 23
`(5) If the Board receives a notice under subsection (4), the General 24
Manager must immediately refer the suspension to an Industrial Magistrate. 25
12
Workers' Compensation Amendment
SCHEDULE (continued)
`(6) The Industrial Magistrate is to review the suspension and may 1
confirm or revoke the General Manager's decision.'. 2
39. Section 8.32-- 3
omit, insert-- 4
`Variation of payments for mining diseases 5
`8.32 If-- 6
(a) the prescribed base rate; or 7
(b) the amount of age, invalid or class B widow pension payable 8
under the Social Security Act 1991 of the Commonwealth; 9
is varied, the Governor in Council may, by regulation, vary any payment or 10
amount to which a person is entitled under the Workers' Compensation Act 11
1916 in respect of the disease silicosis or anthraco-silicosis.'. 12
40. Section 9.2(2)-- 13
omit, insert-- 14
`(2) The Governor in Council, by Gazette notice, is to appoint, for a 15
specified period of not more than 3 years, a panel of 16 medical 16
practitioners as members of the General Medical Assessment Tribunal.'. 17
41. Section 9.2(4) and (5)-- 18
omit, insert-- 19
`(4) The Governor in Council, by Gazette notice, may appoint an 20
alternate panel of members for a specified period of not more that 3 years.'. 21
42. Section 9.2(6)-- 22
renumber as subsection (5). 23
13
Workers' Compensation Amendment
SCHEDULE (continued)
43. Section 9.3(1)-- 1
omit `order in council', insert `Gazette notice'. 2
44. Section 9.3(2)-- 3
omit `order in council', insert `Gazette notice'. 4
45. Section 9.4(1)-- 5
omit `order in council by which the panel is appointed, or by another 6
such order, or other such orders', 7
insert `Gazette notice'. 8
46. Section 9.4(2)-- 9
omit, insert-- 10
`(2) If the chairperson is not available to attend to the business of the 11
General Medical Assessment Tribunal, a deputy chairperson is to act as 12
chairperson of the Tribunal.'. 13
47. Section 9.6(3) and (4)-- 14
omit, insert-- 15
`(3) Each member of a specialty medical assessment tribunal is to be 16
appointed by the Governor in Council by Gazette notice. 17
`(4) The Governor in Council may appoint not more than 25 alternate 18
members of a specialty medical assessment tribunal. 19
`(4A) A member or alternate member is to be appointed for a term of not 20
more than 3 years specified in the Gazette notice making the appointment.'. 21
48. Section 9.7 and 9.8-- 22
omit, insert-- 23
14
Workers' Compensation Amendment
SCHEDULE (continued)
`Vacation of office as member or alternate member of specialty 1
medical assessment tribunal 2
`9.7 A person is taken to have vacated the office of member or alternate 3
member of a specialty medical assessment tribunal if the person-- 4
(a) dies; or 5
(b) resigns that office by signed notice given to the Minister; or 6
(c) becomes incapable of discharging the duties of the office; or 7
(d) if the General Manager nominated the person under 8
section 9.6(2)--becomes an employee of the Board. 9
`Constitution of specialty medical assessment tribunal in absence of 10
members 11
`9.8 If-- 12
(a) a member of a specialty medical assessment tribunal is 13
unavailable to attend to the business of the tribunal; or 14
(b) there is a vacancy in the membership of a specialty medical 15
assessment tribunal; 16
an alternate member for the tribunal designated by the General Manager is 17
to act as a member of the tribunal.'. 18
49. Section 9.15(2)(a)-- 19
omit `Director-General of Health and Medical Services', 20
insert `Chief Health Officer within the meaning of the Health Act 1937'. 21
50. Section 9.15(3)-- 22
omit `by the Director-General', insert `under subsection (2)(a)'. 23
15
Workers' Compensation Amendment
SCHEDULE (continued)
51. Section 11.9(1)-- 1
omit, insert-- 2
`(b) the Director, an inspector or another officer concerned in the 3
administration of the Workplace Health and Safety Act 1989;'. 4
52. Part 12 (Heading)-- 5
omit `AND ORDERS IN COUNCIL'. 6
53. Section 12.1(u)-- 7
omit, insert-- 8
`(u) contraventions of a regulation and fixing a penalty for a 9
contravention of a fine of not more than 4 penalty units;'. 10
54. Section 12.3-- 11
omit. 12
55. Sections 3.2(a), 3.2(b), 3.8(2), 3.9(1A), 3.9(2), 3.11(1), (1A), (2) and 13
(6), 3.12(1), 3.13(1) and (1B), 3.15, 9.2(1), 9.4(1), (2A) and (3), 9.5(1), 14
(1A), (2), (2A) and (3), 9.9(1) and (2), 9.15(3), 9.16(3) and (4), 15
9.20(2)-- 16
omit `chairmember', insert `chairperson'. 17
56. Section 9.4(1)-- 18
omit `chairmembers', insert `chairpersons'. 19
57. Section 9.4 (heading)-- 20
omit, insert-- 21
16
Workers' Compensation Amendment
SCHEDULE (continued)
`Chairperson and deputy chairperson of General Medical Assessment 1
Tribunal'. 2
58. Section 9.4(2A)-- 3
omit `chairmember's', insert `chairperson's'. 4
59. Section 9.9 (heading)-- 5
omit `Chairmember', insert `Chairperson'. 6
7
© State of Queensland 1993
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