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Queensland
WORKERS'
COMPENSATION
AMENDMENT BILL (NO. 2)
1995
Queensland
WORKERS' COMPENSATION
AMENDMENT BILL (NO. 2) 1995
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 6 (Meaning of "injury") . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Insertion of new ss 6A and 6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6A Meaning of "certificate injury" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
7 Insertion of new s 51A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
51A Premium variation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8 Amendment of s 113 (Lump sum upon worker moving abroad) . . . . . . . . . 9
9 Insertion of new s 123A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
123A Employer excess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
10 Replacement of pt 9, div 1, heading and ss 124127 . . . . . . . . . . . . . . . . . . 11
Division 1--Compensation (weekly payments) for total and partial
incapacity
124 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
124A Amounts payable under awards, industrial agreements and
contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
124B Total incapacity--worker whose employment is governed
by award or industrial agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
124C Total incapacity--worker whose employment is not
governed by award or industrial agreement . . . . . . . . . . . . . . . . . . . . 12
124D Total incapacity--certain contract workers . . . . . . . . . . . . . . . . . . . . 13
124E Total incapacity--certain waterside workers . . . . . . . . . . . . . . . . . . 14
2
Workers' Compensation Amendment (No. 2)
124F Total incapacity--casual or part-time workers . . . . . . . . . . . . . . . . . 14
124G Total incapacity--worker receiving certain benefits under
Commonwealth law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
124H Total incapacity--worker with more than 1 employer . . . . . . . . . . . 15
125 Total incapacity--prescribed volunteers . . . . . . . . . . . . . . . . . . . . . . 15
126 Maximum compensation under ss 124B125 . . . . . . . . . . . . . . . . . . 16
11 Replacement of heading and ss 129130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 2--Compensation (lump sum) for permanent impairment
129 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
130 Compensation for permanent impairment . . . . . . . . . . . . . . . . . . . . . 17
130A Assessment of degree of permanent impairment . . . . . . . . . . . . . . . . 18
130B Additional compensation for certain injuries . . . . . . . . . . . . . . . . . . . 18
12 Amendment of s 131 (Application of s 129 in particular cases) . . . . . . . . . 19
13 Replacement of ss 132 and 133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
132 Offer and payment of compensation after assessment . . . . . . . . . . . 20
14 Replacement of s 135 (No further compensation after settlement
under s 129) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
135 No further compensation after offer . . . . . . . . . . . . . . . . . . . . . . . . . . 21
15 Amendment of s 136 (Benefits for total or partial dependants) . . . . . . . . . . 21
16 Amendment of s 138 (Reduced benefit to dependant who dies
before payment of compensation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
17 Amendment of s 140 (Entitlement to additional compensation) . . . . . . . . . 24
18 Amendment of s 141 (Assessment of additional compensation) . . . . . . . . . 24
19 Amendment of s 154 (Maximum entitlement for 1 incident) . . . . . . . . . . . 24
20 Replacement of s 155 (Variation of payments for mining diseases) . . . . . . 25
155 Variation of payments for mining diseases . . . . . . . . . . . . . . . . . . . . 25
21 Amendment of s 156 (Variation of payments for other injuries) . . . . . . . . . 25
22 Amendment of s 171 (Reference to tribunals) . . . . . . . . . . . . . . . . . . . . . . . 26
23 Insertion of new ss 182A182E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
182A Application of ss 182B182E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
182B Worker must make choice about damages at law in
certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
182C Consequences of choosing to seek damages at law . . . . . . . . . . . . . 28
3
Workers' Compensation Amendment (No. 2)
182D Access to common law damages if no offer of lump sum
compensation made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
182E Decision not to seek damages at law reviewable in
certain circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
24 Amendment of s 200 (Evidentiary value of certificates) . . . . . . . . . . . . . . . 31
25 Amendment of s 207 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
26 Amendment of s 208 (Board's power to fix premiums and charges
when regulations silent) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
27 Amendment of s 213 (Claims relating to injury) . . . . . . . . . . . . . . . . . . . . . 32
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 34
MINOR AMENDMENTS
1995
A BILL
FOR
An Act to amend the Workers' Compensation Act 1990
s1 6 s4
Workers' Compensation Amendment (No. 2)
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Workers' Compensation Amendment Act 3
(No. 2) 1995. 4
5
Commencement
Clause 2. This Act commences on 1 January 1996. 6
amended 7
Act
Clause 3. This Act amends the Workers' Compensation Act 1990. 8
of s 5 (Interpretation) 9
Amendment
Clause 4.(1) Section 5(1), definitions "accident pay" and "prescribed base 10
rate"-- 11
omit. 12
(2) Section 5(1)-- 13
insert-- 14
` "approved form" see section 206A.1 15
"AWE" means average weekly earnings. 16
"certificate injury" see section 6A. 17
"household worker" means a person employed solely in and about, or in 18
connection with, a private dwelling house or the grounds of the 19
dwelling house. 20
"impairment", from injury for a worker, means a loss of, or loss of 21
efficient use of, any part of the worker's body. 22
1 Section 306A (Approval of forms)
s5 7 s6
Workers' Compensation Amendment (No. 2)
"permanent impairment", from injury, means a permanent impairment 1
from an injury that is stable and stationary and not likely to improve 2
with further medical or surgical treatment. 3
"QOTE" see section 6B. 4
"serious injury" see section 182A. 5
"statutory maximum compensation", means an amount equal to the 6
maximum amount of compensation payable under section 154(1)(c). 7
"student", for part 9, division 3,2 means a person under 21 years who is 8
receiving full-time education at a school, college, university or similar 9
institution. 10
"table of injuries" means the table of injuries prescribed under 11
regulation.'. 12
of s 6 (Meaning of "injury") 13
Amendment
Clause 5.(1) Section 6(3)(a)-- 14
omit, insert-- 15
`(a) reasonable disciplinary action taken in a reasonable way against 16
the worker in connection with the worker's employment; or 17
(aa) reasonable action taken in a reasonable way to transfer or 18
redeploy the worker in connection with the worker's 19
employment; or'. 20
(2) Section 6(3)(aa) and (b)-- 21
renumber. 22
of new ss 6A and 6B 23
Insertion
Clause 6. After section 6-- 24
insert-- 25
2 Part 9 (Quantum of compensation), division 3 (Compensation upon death of
worker)
s7 8 s7
Workers' Compensation Amendment (No. 2)
of "certificate injury" 1
`Meaning
`6A.(1) A "certificate injury" for a worker means-- 2
(a) a psychiatric or psychological injury entitling the worker, in the 3
board's opinion, to lump sum compensation of at least 20% of 4
statutory maximum compensation; or 5
(b) another injury entitling the worker, in the board's opinion, to 6
lump sum compensation of at least 20% of statutory maximum 7
compensation. 8
`(2) A "certificate injury" does not include an injury entitling the 9
worker, in the board's opinion, to lump sum compensation of at least 20% 10
of statutory maximum compensation if the entitlement arises only by 11
combining the worker's entitlement to lump sum compensation for both-- 12
(a) a psychiatric or psychological injury; and 13
(b) another injury. 14
eaning of "QOTE" 15
`M
`6B. "QOTE", for a financial year, is the amount of Queensland full 16
time adult persons ordinary time earnings as declared by the Australian 17
Statistician in the statistician's report about average weekly earnings 18
published immediately before the start of the financial year.3'. 19
of new s 51A 20
Insertion
Clause 7. After section 51-- 21
insert-- 22
variation 23
`Premium
`51A.(1) The premium payable for a policy for a period of insurance is 24
to be assessed at the rate fixed under a regulation or, if no rate is fixed under 25
a regulation, the rate decided by the board. 26
`(2) It is declared that, if the rate is varied during a period of insurance, 27
3 The publication is currently entitled `Average Weekly Earnings States and
Australia'.
s8 9 s9
Workers' Compensation Amendment (No. 2)
the board may reassess the premium for the policy according to the rate as 1
varied from the day of variation or a later day prescribed under a regulation. 2
`(3) An assessment or reassessment under this section must be made on 3
the following bases-- 4
(a) wages paid or estimated to be paid during the period of insurance 5
are taken to have been paid in equal weekly instalments during the 6
period; 7
(b) the premium for the period of insurance is payable at the rates in 8
force from time to time during the period. 9
`(4) An employer to whom a reassessed premium notice is given must 10
pay the premium as reassessed.'. 11
of s 113 (Lump sum upon worker moving abroad) 12
Amendment
Clause 8.(1) Section 113(2)-- 13
omit, insert-- 14
`(2) However, if the worker satisfies the board that the worker's 15
incapacity resulting from the injury for which the compensation is payable 16
is permanent, the worker is entitled to lump sum compensation of not more 17
than-- 18
(156 x Q) TWP 19
`(2A) In subsection (2)-- 20
"Q" is 60% of QOTE. 21
"TWP" means the total weekly payments already paid to the worker.'. 22
(2) Section 113(2A) to (4)-- 23
renumber. 24
of new s 123A 25
Insertion
Clause 9. In part 8, after section 123-- 26
insert-- 27
s9 10 s9
Workers' Compensation Amendment (No. 2)
excess 1
`Employer
`123A.(1) The employer of an injured worker must pay to the worker the 2
worker's entitlement to weekly payment of compensation under this Act for 3
the prescribed period.4 4
`(2) If the worker is employed under concurrent contracts of service in 5
2 or more callings at the time of the injury, the amount the employer must 6
pay under subsection (1) is the part of the worker's entitlement that relates 7
to the amount payable to the worker under the contract of service with that 8
employer. 9
`(3) If the employer fails to pay to the worker the amount payable to the 10
worker under subsection (1) within 14 days after receiving notice from the 11
board that the worker's claim has been allowed, the board must make the 12
payment to the worker on behalf of the employer. 13
`(4) A payment made by the board under subsection (3) together with a 14
penalty equal to 50% of the payment may be recovered from the employer 15
by the board-- 16
(a) as a debt; or 17
(b) as an addition to a premium payable by the employer under this 18
Act. 19
`(5) An employer may apply to the general manager to waive or reduce 20
the penalty because of extenuating circumstances. 21
`(6) The general manager must consider the application and may-- 22
(a) waive or reduce the penalty; or 23
(b) refuse to waive or reduce the penalty. 24
`(7) An employer who is dissatisfied with the general manager's 25
decision may object to the decision in the same way an objection to a default 26
assessment may be made. 27
`(8) Sections 54 to 58 apply to the objection with all necessary changes 28
and any change prescribed under a regulation. 29
4 The time from which compensation is payable is dealt with under s 96 (Time
from which compensation payable).
s 10 11 s 10
Workers' Compensation Amendment (No. 2)
`(9) This section does not limit section 49.5 1
`(10) In this section-- 2
"employer" means the employer in whose employ the worker was injured, 3
but does not include the employer of a household worker. 4
"injured worker" means a worker who suffers an injury entitling the 5
worker to compensation under this Act. 6
"prescribed period", for an injured worker, means a period up to 4 of the 7
worker's ordinary working days during which the worker's 8
entitlement to weekly payment of compensation continues as a result 9
of the work related injury.'. 10
of pt 9, div 1, heading and ss 124127 11
Replacement
Clause 10. Part 9, division 1, heading and sections 124 to 127-- 12
omit, insert-- 13
1--Compensation (weekly payments) for total and partial 14
`Division
incapacity 15
of division 16
`Application
`124. This division applies if a worker is incapacitated because of injury 17
in relation to which compensation under this Act is payable. 18
payable under awards, industrial agreements and 19
`Amounts
contracts 20
`124A. In this division, an amount payable under an award, industrial 21
agreement or contract in relation to a worker is the amount to which the 22
worker is entitled for the time being under the award, industrial agreement 23
or contract. 24
5 Section 49 (Employer's failure to fulfil obligation to insure)
s 10 12 s 10
Workers' Compensation Amendment (No. 2)
incapacity--worker whose employment is governed by award 1
`Total
or industrial agreement 2
`124B.(1) Compensation payable to a totally incapacitated worker whose 3
employment is governed by an award or industrial agreement is a weekly 4
payment under this section. 5
`(2) The payment is, for each week-- 6
(a) for the first 26 weeks of the incapacity, the greater of the 7
following-- 8
(i) 85% of the worker's AWE; 9
(ii) the amount payable under the worker's award or industrial 10
agreement; and 11
(b) afterwards, the greater of the following-- 12
(i) 65% of the worker's AWE; 13
(ii) 60% of QOTE. 14
`(3) However, the payment under subsection (2)(b) must not be more 15
than the payment to which the worker would be entitled under 16
subsection (2)(a) if that paragraph applied to the worker at the time of the 17
payment under subsection (2)(b). 18
incapacity--worker whose employment is not governed by 19
`Total
award or industrial agreement 20
`124C.(1) Compensation payable to a totally incapacitated worker whose 21
employment is not governed by an award or industrial agreement is a 22
weekly payment under this section. 23
`(2) The payment is, for each week-- 24
(a) for the first 26 weeks of the incapacity, the greater of the 25
following-- 26
(i) 85% of the worker's AWE; 27
(ii) 70% of QOTE; and 28
(b) afterwards, the greater of the following-- 29
(i) 65% of the worker's AWE; 30
s 10 13 s 10
Workers' Compensation Amendment (No. 2)
(ii) 60% of QOTE. 1
`(3) However, the payment under subsection (2) must not be more than 2
the worker's AWE. 3
incapacity--certain contract workers 4
`Total
`124D.(1) Compensation payable to a totally incapacitated contract 5
worker is a weekly payment under this section. 6
`(2) The payment is, for each week-- 7
(a) for the first 26 weeks of the incapacity, the greater of the 8
following-- 9
(i) 85% of the worker's AWE; 10
(ii) the amount payable under the worker's contract of service; 11
and 12
(b) afterwards, the greater of the following-- 13
(i) 65% of the worker's AWE; 14
(ii) 60% of QOTE. 15
`(3) However, the payment under subsection (2)(b) must not be more 16
than the payment to which the worker would be entitled under 17
subsection (2)(a) if that paragraph applied to the worker at the time of the 18
payment under subsection (2)(b). 19
`(4) In this section-- 20
"contract worker" means a worker employed under a contract of 21
service-- 22
(a) as an officer of the public service; or 23
(b) by a university; or 24
(c) as a salaried employee in the electricity industry; or 25
(d) by a regional health authority established under the Health 26
Services Act 1991. 27
s 10 14 s 10
Workers' Compensation Amendment (No. 2)
incapacity--certain waterside workers 1
`Total
`124E.(1) Compensation payable to a totally incapacitated waterside 2
worker is a weekly payment under this section. 3
`(2) The payment is, for each week-- 4
(a) for the first 26 weeks of the incapacity, the greater of the 5
following-- 6
(i) the worker's guaranteed weekly wage under the relevant 7
award or industrial agreement; 8
(ii) the lesser of the following-- 9
(A) 60% of QOTE; 10
(B) the worker's AWE; and 11
(b) afterwards, 60% of QOTE. 12
`(3) However, the payment under subsection (2)(b) must not be more 13
than the payment to which the worker would be entitled under 14
subsection (2)(a) if that paragraph applied to the worker at the time of the 15
payment under subsection (2)(b). 16
`(4) In this section-- 17
"waterside worker" means a waterside worker employed at 1 of the 18
following ports-- 19
· Bowen 20
· Bundaberg 21
· Cairns 22
· Gladstone 23
· Mackay 24
· Townsville 25
· Urangan. 26
incapacity--casual or part-time workers 27
`Total
`124F.(1) Compensation payable to a totally incapacitated worker 28
engaged in casual or part-time employment is a weekly payment under 29
s 10 15 s 10
Workers' Compensation Amendment (No. 2)
section 124B, 124C, 124D, 124E or 125. 1
`(2) However, the payment under subsection (1) must not be more than 2
the worker's AWE. 3
incapacity--worker receiving certain benefits under 4
`Total
Commonwealth law 5
`124G. Compensation payable to a totally incapacitated worker who, at 6
the time the worker was injured, was receiving an age, disability support or 7
class B widow pension under a Commonwealth law is the lesser of the 8
following-- 9
(a) the amount the worker was earning at the time of the injury; 10
(b) the amount the worker is entitled to earn before the maximum 11
pension payable to the worker is reduced. 12
incapacity--worker with more than 1 employer 13
`Total
`124H.(1) If, at the time injury is suffered-- 14
(a) a totally incapacitated worker is employed under concurrent 15
contracts of service in 2 or more callings; and 16
(b) the worker's employment under 1 of the contracts of service is 17
other than as a casual employee; 18
the board may decide that the worker's entitlement to compensation is to be 19
worked out under an award or industrial agreement for the calling that 20
increases the worker's entitlement to compensation. 21
`(2) If the board makes a decision under subsection (1), the entitlement to 22
compensation is worked out under the award or industrial agreement 23
decided by the board. 24
incapacity--prescribed volunteers 25
`Total
`125.(1) In this section-- 26
"prescribed volunteer" means a person-- 27
(a) who is a member of a local emergency service or a body that acts 28
under the authority of the state counter-disaster organisation or the 29
s 10 16 s 10
Workers' Compensation Amendment (No. 2)
state emergency service and is taken to be a worker under the 1
State Counter-Disaster Organisation Act 1975, section 36; or 2
(b) who is not a worker but a member of a rural fire brigade under 3
the Fire Service Act 1990 who is discharging duties or 4
participating in training as a member of the rural fire brigade. 5
`(2) Compensation payable to a totally incapacitated prescribed volunteer 6
is a weekly payment under this section. 7
`(3) The payment for a prescribed volunteer who is not in employment 8
or self-employed is an amount not more than 60% of QOTE. 9
`(4) The payment for a prescribed volunteer who is employed, but not 10
self-employed, is the payment under section 124B, 124C, 124D, 124E, 11
124F, 124G or 124H. 12
`(5) The payment for a prescribed volunteer who is self-employed is, for 13
each week-- 14
(a) for the first 26 weeks of the incapacity-- 15
(i) if subparagraph (ii) does not apply--70% of QOTE; or 16
(ii) if the volunteer replaces the volunteer's labour--the payment 17
under subsection (6); and 18
(b) afterwards, the lesser of the following-- 19
(i) 60% of QOTE; 20
(ii) the reasonable cost of labour paid to replace the volunteer. 21
`(6) For subsection (5)(a)(ii), the amount is-- 22
(a) if paragraph (b) does not apply--85% of the reasonable cost of 23
labour paid to replace the prescribed volunteer; or 24
(b) if the reasonable cost of labour paid to replace the volunteer is less 25
than 70% of QOTE--the reasonable cost of labour paid to replace 26
the volunteer. 27
compensation under ss 124B125 28
`Maximum
`126. The entitlement of a worker, or a prescribed volunteer who is not a 29
worker, to weekly benefits under section 124B, 124C, 124D, 124E, 124F, 30
124G, 124H or 125 stops when the first of the following events happens-- 31
s 11 17 s 11
Workers' Compensation Amendment (No. 2)
(a) the incapacity as a result of the work related injury stops; 1
(b) lump sum compensation is paid to the worker for the injury 2
under division 2; 3
(c) compensation payable under this division reaches the maximum 4
amount prescribed under section 154(1)(a).'. 5
of heading and ss 129130 6
Replacement
Clause 11. Part 9, division 2, heading and sections 129 and 130-- 7
omit, insert-- 8
2--Compensation (lump sum) for permanent impairment 9
`Division
of division 10
`Application
`129. This division applies if a worker sustains permanent impairment 11
because of injury in relation to which compensation under this Act is 12
payable. 13
for permanent impairment 14
`Compensation
`130.(1) A worker who sustains permanent impairment because of 15
injury is entitled to lump sum compensation under this section for the 16
impairment. 17
`(2) The amount of lump sum compensation is the amount worked out 18
having regard to the worker's level of permanent impairment, the degree of 19
permanent impairment attributable to the injury and the table of injuries. 20
`(3) Lump sum compensation is not payable in relation to the degree of 21
permanent impairment caused by any pre-existing condition or an injury the 22
worker may have sustained previously that contributed to the level of 23
permanent impairment.6 24
6 For the maximum amount of lump sum compensation payable under section 130,
see section 154(1)(b).
s 11 18 s 11
Workers' Compensation Amendment (No. 2)
of degree of permanent impairment 1
`Assessment
`130A.(1) The board or a worker may ask that the degree of permanent 2
impairment resulting from the worker's injury be assessed-- 3
(a) for hearing loss--under section 95(9);7 or 4
(b) for a psychiatric or psychological injury--by a medical 5
assessment tribunal; or 6
(c) for another injury--by a registered medical practitioner. 7
`(2) The degree of permanent impairment must be assessed in the way 8
prescribed under a regulation and a report must be provided to the board 9
stating-- 10
(a) the matters taken into account, and the weight given to those 11
matters, in deciding the degree of impairment; and 12
(b) any other information prescribed under a regulation. 13
`(3) For an injury, other than a psychiatric or psychological injury, the 14
board or worker may accept or reject the assessment of the degree of 15
permanent impairment. 16
`(4) If the board and worker cannot agree about the degree of permanent 17
impairment-- 18
(a) the degree of impairment may be decided only by a medical 19
assessment tribunal; and 20
(b) the board must refer the question of degree of impairment to a 21
tribunal for decision. 22
compensation for certain injuries 23
`Additional
`130B.(1) This section applies if a worker suffers spinal cord injury or 24
chronic organic brain syndrome resulting in the worker sustaining 25
permanent impairment that, in the board's opinion, entitles the worker to 26
lump sum compensation of at least 50% of statutory maximum 27
compensation. 28
7 Section 95 (Special provision concerning compensation for loss of hearing). See
also section 131(4).
s 12 19 s 12
Workers' Compensation Amendment (No. 2)
`(2) The worker is entitled to additional lump sum compensation for the 1
injury, up to $100 000, payable according to a graduated scale prescribed 2
under a regulation.'. 3
of s 131 (Application of s 129 in particular cases) 4
Amendment
Clause 12.(1) Section 131(3)-- 5
omit, insert-- 6
`(3) If-- 7
(a) a worker has previously received lump sum compensation for 8
injury (other than hearing loss) to a part of the worker's body; 9
and 10
(b) the worker sustains a further injury to that part (the "later 11
injury"); 12
lump sum compensation under section 130 for the later injury must be 13
reduced by the amount of lump sum compensation previously paid under 14
this Act or the repealed Act. 15
16
Example--
17
A worker loses the distal joint of the right forefinger in a work related incident and
18
receives lump sum compensation for the impairment. The worker loses the entire
19
right forefinger in a subsequent work related incident. The lump sum compensation
20
payable for the second impairment must be reduced by the lump sum compensation
21
paid for the first impairment.'.
(2) Section 131(4), `, or under a previous enactment that corresponds to 22
this Act'-- 23
omit, insert-- 24
`or the repealed Act'. 25
(3) Section 131-- 26
insert-- 27
`(5) In this section-- 28
"repealed Act" means the Workers' Compensation Act 1916.'. 29
s 13 20 s 13
Workers' Compensation Amendment (No. 2)
of ss 132 and 133 1
Replacement
Clause 13. Sections 132 and 133-- 2
omit, insert-- 3
and payment of compensation after assessment 4
`Offer
`132. The board may make an offer of lump sum compensation to or on 5
account of a worker who has suffered an injury prescribed under the table 6
of injuries that has resulted in the worker sustaining a permanent 7
impairment. 8
`(2) An offer may be made only if-- 9
(a) the board and the worker both accept the worker's degree of 10
permanent impairment is the degree assessed by a registered 11
medical practitioner or under section 95(9);8 or 12
(b) a medical assessment tribunal has decided on a reference under 13
part 10 that the worker has sustained a degree of permanent 14
impairment. 15
`(3) The degree of the worker's permanent impairment and the 16
percentage of maximum lump sum compensation payable under section 17
1309 to which the impairment entitles the worker must be stated on the 18
offer. 19
`(4) If the degree of permanent impairment from a certificate injury 20
entitles the worker to lump sum compensation under section 130 of less 21
than 20% of the statutory maximum compensation, the board must-- 22
(a) advise the worker about the choice the worker must make under 23
section 182B;10 and 24
8 Section 95 (Special provision concerning compensation for loss of hearing)
9 Section 130 (Compensation for permanent impairment)
10 Section 182B (Worker must make choice about damages at law in certain
cases)
s 14 21 s 15
Workers' Compensation Amendment (No. 2)
(b) give the worker a copy of sections 182A, 182B and 182C.11 1
`(5) An offer may be accepted or rejected, or a decision about the offer 2
may be deferred, within 28 days after a written offer is made by the board 3
(the "decision period"). 4
`(6) If, within the decision period, the worker does not advise the board 5
that the offer is accepted or rejected or that the worker wishes to defer the 6
decision, the worker is taken to have deferred the decision. 7
`(7) If the offer is accepted, the board must pay the lump sum 8
compensation entitlement to or on account of the worker.'. 9
of s 135 (No further compensation after settlement 10
Replacement
under s 129) 11
Clause 14. Section 135-- 12
omit, insert-- 13
further compensation after offer 14
`No
`135.(1) This section applies if an offer of lump sum compensation 15
under section 132 is made. 16
`(2) A worker to or for whom an offer of lump sum compensation is 17
made is not entitled, after the acceptance, rejection or deferral of the offer-- 18
(a) to further compensation, other than the lump sum compensation 19
offered, in relation to the injury; or 20
(b) to payment of expenses of any description in relation to the 21
injury.'. 22
of s 136 (Benefits for total or partial dependants) 23
Amendment
Clause 15.(1) Section 136(1), table, paragraph (a), column 2, `$120 000'-- 24
omit, insert-- 25
`$160 000'. 26
11 Sections 182A (Application of ss 182B182E), 182B (Worker must make choice
about damages at law in certain cases) and 182C (Consequences of choosing to
seek damages at law)
s 15 22 s 15
Workers' Compensation Amendment (No. 2)
(2) Section 136(1), table, paragraph (b), column 1, `, or is of or over that 1
age' to `similar institution'-- 2
omit, insert-- 3
`or a student'. 4
(3) Section 136(1), table, paragraph (b), column 2-- 5
omit, insert-- 6
`a weekly payment of 7% of
QOTE for each child, stepchild,
brother or sister starting at the
time of the worker's death and
ending when the child, stepchild,
brother or sister turns 16 or
stops being a student.'.
7
(4) Section 136(1), table, paragraph (c), column 2-- 8
omit, insert-- 9
`the amount of $6 000 for each
child, stepchild, brother or sister
left by the worker who is
under 16 or a student.'.
10
(5) Section 136(1), table, paragraph (e), column 2-- 11
omit, insert-- 12
`a weekly payment of 7% of 13
QOTE for each child, stepchild,
brother or sister starting at the
time of the worker's death and
ending when the child, stepchild,
brother or sister turns 16 or
stops being a student.'.
14
(6) Section 136(1), table, paragraph (f), column 2, `$10 000'-- 15
omit, insert-- 16
s 16 23 s 16
Workers' Compensation Amendment (No. 2)
`$11 050'. 1
of s 138 (Reduced benefit to dependant who dies before 2
Amendment
payment of compensation) 3
Clause 16.(1) Section 138(2), table, paragraphs (a) and (b), column 2, `20% of 4
the prescribed base rate'-- 5
omit, insert-- 6
`14% of QOTE'. 7
(2) Section 138(2), table, paragraph (b)(i), column 1, `, or who is' to 8
`similar institution'-- 9
omit, insert-- 10
`or a student'. 11
(3) Section 138(2), table, paragraph (b)(ii), column 1-- 12
omit, insert-- 13
`(ii) is a member of the 14
family of the worker 15
who is 16 or over and 16
not a student and is 17
caring for persons who 18
at the time of the 19
worker's death were 20
totally or mainly 21
dependent on the 22
worker's earnings.'.
(4) Section 138(2), table, paragraph (c), column 1, `, or is' to `similar 23
institution'-- 24
omit, insert-- 25
`or a student'. 26
(5) Section 138(2), table, paragraph (c), column 2, `10% of the 27
prescribed base rate'-- 28
omit, insert-- 29
`7% of QOTE'. 30
s 17 24 s 19
Workers' Compensation Amendment (No. 2)
of s 140 (Entitlement to additional compensation) 1
Amendment
Clause 17. Section 140(3) to (6)-- 2
omit, insert-- 3
`(3) Compensation under this Act for prescribed disfigurement is 4
payable as lump sum compensation in an amount worked out having regard 5
to the severity of the worker's prescribed disfigurement and the table of 6
injuries.'. 7
of s 141 (Assessment of additional compensation) 8
Amendment
Clause 18.(1) Section 141-- 9
insert-- 10
`(2A) The tribunal must assess the severity of prescribed disfigurement 11
in the way prescribed under a regulation.'. 12
(2) Section 141(2A) to (3)-- 13
renumber. 14
of s 154 (Maximum entitlement for 1 incident) 15
Amendment
Clause 19.(1) Section 154(1), `$67 000'-- 16
omit, insert-- 17
`$100 000'. 18
(2) Section 154(1)(b), `section 129 or 140'-- 19
omit, insert-- 20
`section 13012'. 21
(3) Section 154-- 22
insert-- 23
12 Section 130 (Compensation for permanent impairment)
s 20 25 s 21
Workers' Compensation Amendment (No. 2)
`(3) However, subsections (1) and (2) do not limit the power to make 1
additional payment of compensation under section 130B.13'. 2
of s 155 (Variation of payments for mining diseases) 3
Replacement
Clause 20. Section 155-- 4
omit, insert-- 5
of payments for mining diseases 6
`Variation
`155. A regulation may vary a payment or amount to which a person is 7
entitled under the Workers' Compensation Act 1916 in relation to the 8
disease silicosis or anthraco-silicosis if-- 9
(a) QOTE is varied; or 10
(b) the amount of age, disability support or class B widow pension 11
payable under the Social Security Act 1991 (Cwlth) is varied.'. 12
of s 156 (Variation of payments for other injuries) 13
Amendment
Clause 21.(1) Section 156(1)-- 14
omit, insert-- 15
`156.(1) If QOTE varies, each payment or amount under division 1, 2, 3, 16
4 or 7 that is not expressed as a percentage of QOTE, is to be varied 17
proportionately. 18
`(1A) A weekly payment or another amount varied under subsection (1) 19
is to be rounded up-- 20
(a) for a weekly payment--to the nearest 5¢; and 21
(b) for another amount--to the nearest $5.'. 22
(2) Section 156(1A) and (2)-- 23
renumber. 24
13 Section 130B (Additional compensation for certain injuries) provides for
additional lump sum compensation in certain cases involving serious spinal cord
injury or chronic organic brain syndrome.
s 22 26 s 23
Workers' Compensation Amendment (No. 2)
of s 171 (Reference to tribunals) 1
Amendment
Clause 22.(1) Section 171(3)(a)(iii), `a permanent partial disability resulting 2
from the injury'-- 3
omit, insert-- 4
`an injury under the table of injuries resulting in permanent impairment'. 5
(2) Section 171(3)(b)(ii), `a permanent partial disability resulting from 6
the injury'-- 7
omit, insert-- 8
`an injury under the table of injuries resulting in permanent impairment'. 9
(3) Section 171(4)(c), `a permanent partial disability resulting from the 10
injury'-- 11
omit, insert-- 12
`an injury under the table of injuries resulting in permanent impairment'. 13
(4) Section 171-- 14
insert-- 15
`(4A) A tribunal must assess the nature and extent of permanent 16
impairment in the way prescribed under a regulation.'. 17
(5) Section 171(4A) and (5)-- 18
renumber. 19
of new ss 182A182E 20
Insertion
Clause 23. Before section 183, part 11-- 21
insert-- 22
of ss 182B182E 23
`Application
`182A.(1) Sections 182B to 182E apply to a worker who suffers an 24
injury, other than a serious injury, in circumstances creating, independently 25
of this Act, a legal liability in the worker's employer in relation to which the 26
worker's employer is-- 27
(a) indemnified by the board under a policy in relation to the injury; 28
or 29
s 23 27 s 23
Workers' Compensation Amendment (No. 2)
(b) required by this Act to be so indemnified. 1
`(2) In subsection (1)-- 2
"injury" does not include an injury in relation to which the employer is 3
required to provide against the employer's legal liability by-- 4
(a) another Act; or 5
(b) a law of another State, the Commonwealth or another country. 6
"serious injury" of a worker means an injury-- 7
(a) entitling the worker, in the board's opinion, to lump sum 8
compensation of at least 20% of statutory maximum 9
compensation for a certificate injury; or 10
(b) resulting in the worker's death. 11
must make choice about damages at law in certain cases 12
`Worker
`182B.(1) A worker to whom lump sum compensation is payable under 13
part 9, division 214 for an injury is not entitled to both-- 14
(a) lump sum compensation for the injury; and 15
(b) damages at law for the injury. 16
`(2) The worker must choose between accepting lump sum 17
compensation offered under this Act and seeking damages at law. 18
`(3) The worker must give the board notice of the worker's choice in the 19
approved form. 20
'(4) If the worker fails to give the board notice of the worker's choice 21
before the worker seeks damages at law, the worker is taken to have made a 22
choice to reject lump sum compensation for the injury. 23
`(5) The worker's choice may not be changed after it is-- 24
(a) given to the board; or 25
(b) taken to have been made under subsection (4). 26
`(6) The worker is taken to seek damages at law for the injury when the 27
14 Part 9 (Quantum of compensation), division 2 (Compensation (lump sum) for
permanent impairment)
s 23 28 s 23
Workers' Compensation Amendment (No. 2)
worker-- 1
(a) seeks to negotiate a damages settlement with the board; or 2
(b) starts proceedings at law for damages. 3
of choosing to seek damages at law 4
`Consequences
`182C.(1) This section applies if the worker is not entitled to, or rejects, 5
lump sum compensation under this Act for an injury and seeks damages at 6
law for the injury. 7
`(2) The worker's entitlement to compensation under this Act stops and 8
the following rules in relation to costs in the worker's proceeding for 9
damages apply. 10
`(3) No order as to costs, other than costs for interlocutory applications, 11
is to be made by the court in the proceeding even if the action is successful. 12
`(4) However, if a party to the proceeding makes an offer of settlement 13
that is refused and the court later awards damages to the worker, the court 14
must, in the following circumstances, make the order about costs provided 15
for-- 16
(a) if the amount of damages awarded is equal to or more than the 17
worker's final offer--an order that the defendant pay the 18
worker's party and party costs from the day of the final offer; 19
(b) if the amount of damages awarded is equal to or less than the 20
defendant's final offer--an order that the worker pay the 21
defendant's party and party costs from the day of the final offer. 22
`(5) If the award of damages is less than the worker's final offer but 23
above the defendant's final offer, subsection (3) applies. 24
`(6) An order as to costs for an interlocutory application may be made 25
only if the court is satisfied that the application has been brought because of 26
unreasonable delay on the part of 1 of the parties. 27
`(7) If an entity other than the board is joined as a defendant in the 28
proceeding, the court may make an order as to costs in favour of, or against, 29
the entity according to the proportion of liability of the defendants and the 30
justice of the case. 31
s 23 29 s 23
Workers' Compensation Amendment (No. 2)
`(8) Subsection (7) does not empower the court to make an order for 1
costs against the worker's employer or the board. 2
to common law damages if no offer of lump sum 3
`Access
compensation made 4
`182D.(1) A worker who has not received an offer of lump sum 5
compensation under section 13215 may seek damages at law for an injury 6
suffered after the commencement only if the board gives to the worker a 7
certificate under this section. 8
`(2) The worker must apply in the approved form to the board for a 9
certificate. 10
`(3) The board may give the certificate only if-- 11
(a) in the board's opinion, the proceedings are in relation to an injury 12
within the meaning of this Act; and 13
(b) the injury has been sustained after the commencement; and 14
(c) the procedures for assessment of the degree of the worker's 15
permanent impairment under section 130A16 have been complied 16
with; and 17
(d) if the board could make an offer of lump sum compensation 18
under section 132--the board has made the offer. 19
`(4) However, the board may issue the worker with a conditional 20
certificate if-- 21
(a) the degree of the worker's permanent impairment is not agreed or 22
has not been decided by a tribunal; or 23
(b) there is an urgent need to bring proceedings for damages. 24
`(5) If a conditional certificate is given, the worker may bring court 25
proceedings for damages at law for the injury, but the proceedings are 26
stayed until the board makes the certificate unconditional. 27
`(6) The board must make the certificate unconditional when-- 28
15 Section 132 (Offer and payment of compensation after assessment)
16 Section 130A (Assessment of degree of permanent impairment)
s 23 30 s 23
Workers' Compensation Amendment (No. 2)
(a) the procedures for assessment of the degree of the worker's 1
permanent impairment under section 130A17 have been complied 2
with; and 3
(b) if the board could make an offer of lump sum compensation 4
under section 132 18--the board has made the offer and the offer 5
has been rejected or deferred. 6
not to seek damages at law reviewable in certain 7
`Decision
circumstances 8
`182E.(1) A worker who chooses, under section 182B, 19 to accept lump 9
sum compensation may ask the board to review fresh medical evidence 10
about the worker's injury. 11
`(2) The board may review the medical evidence only if the worker 12
satisfies the board that the medical evidence-- 13
(a) was not available at the time the worker made the choice; and 14
(b) shows that the worker's injury has caused a further material 15
deterioration in the worker's medical condition; and 16
(c) tends to establish that the degree of permanent impairment 17
sustained by the worker has reached the prescribed level. 18
`(3) A request must be made within 1 year of the degree of permanent 19
impairment sustained by the worker being agreed on, decided or assessed. 20
`(4) The board must consider the additional medical evidence produced 21
by the worker and may accept or reject the evidence. 22
`(5) If the board rejects the evidence, the worker may require the board to 23
refer the evidence to a review panel for review. 24
`(6) The review panel must consider the additional medical evidence 25
produced by the worker and may accept or reject the evidence. 26
17 Section 130A (Assessment of degree of permanent impairment)
18 Section 132 (Offer and payment of compensation after assessment)
19 Section 182B (Worker must make choice about damages at law in certain
cases)
s 24 31 s 25
Workers' Compensation Amendment (No. 2)
`(7) A decision of the review panel is final and may not be appealed 1
against. 2
`(8) If the board accepts, or the review panel decides, that the medical 3
evidence tends to establish that the degree of permanent impairment 4
sustained by the worker has reached the prescribed level-- 5
(a) the board and worker may agree about the degree of the worker's 6
permanent impairment; or 7
(b) if the board and worker cannot agree, the board must refer the 8
question of degree of permanent impairment to an appropriate 9
medical assessment tribunal for decision. 10
`(9) For this section, a worker reaches the "prescribed level" if, for a 11
certificate injury, the degree of permanent impairment sustained by the 12
worker-- 13
(a) provides the worker with a further lump sum compensation 14
entitlement of at least 10% of statutory maximum compensation; 15
and 16
(b) brings the worker's entitlement to lump sum compensation for 17
the injury to at least 20% of statutory maximum compensation. 18
`(10) In this section-- 19
"review panel" means a panel consisting of the chairperson or deputy 20
chairperson of the general medical assessment tribunal and another 21
member of an appropriate medical assessment tribunal.'. 22
of s 200 (Evidentiary value of certificates) 23
Amendment
Clause 24. Section 200(3)-- 24
insert-- 25
`(e) that a worker has a degree of permanent impairment entitling the 26
worker to a stated percentage of statutory maximum 27
compensation;'. 28
s 26 32 s 27
Workers' Compensation Amendment (No. 2)
of s 207 (Regulations) 1
Amendment
Clause 25.(1) Section 207, words before paragraph (a)-- 2
omit, insert-- 3
`(1) The Governor in Council may make regulations under this Act. 4
`(2) A regulation may make provision about the following--'. 5
(2) Section 207(a)(i) and (ii)-- 6
omit, insert-- 7
`(i) premiums and rates of premium; and 8
(ii) surcharges; and 9
(iii) demerit charges;'. 10
(3) Section 207(w)-- 11
omit. 12
of s 208 (Board's power to fix premiums and charges 13
Amendment
when regulations silent) 14
Clause 26.(1) Section 208, `any class of policy'-- 15
omit, insert-- 16
`a policy'. 17
(2) Section 208, `in the case of a policy of that class'-- 18
omit, insert-- 19
`for the policy'. 20
(3) Section 208-- 21
insert-- 22
`(2) To remove any doubt, it is declared that subsection (1) applies, and 23
is always taken to have applied, whether or not a regulation provides, or 24
ever provided, for any of the things mentioned in subsection (1).'. 25
s 27 33 s 27
Workers' Compensation Amendment (No. 2)
of s 213 (Claims relating to injury) 1
Amendment
Clause 27.(1) Section 213(2)-- 2
omit, insert-- 3
`(2) An entitlement to compensation under this Act is to be decided, and 4
paid, in accordance with the Act as in force at the time the injury was 5
suffered. 6
`(2A) However, if the injury was one suffered after the commencement 7
of this Act and before the commencement of this section, a person entitled 8
to lump sum compensation, weekly payments or dependant allowances 9
under this Act is entitled to the benefit of every increase in the prescribed 10
base rate.'. 11
(2) Section 213(4), definition "commencement", paragraph (b)-- 12
omit, insert-- 13
`(b) for another injury--1 January 1996.'. 14
(3) Section 213(4)-- 15
insert-- 16
` "prescribed base rate" means a weekly rate of compensation under this 17
Act that is 65% of the weekly minimum rate of wages for the time 18
being provided by the Engineering Award--State, made by the 19
Industrial Relations Commission, in relation to employees of the class 20
`Wage Group C10' in the Southern Division.'. 21
22
34
Workers' Compensation Amendment (No. 2)
CHEDULE 1
¡S
INOR AMENDMENTS 2
M
section 3 3
1. Sections 49(1)(a) and 102(1), `prescribed form'-- 4
omit, insert-- 5
`approved form'. 6
2. Section 75(1), `employees'-- 7
omit, insert-- 8
`workers'. 9
3. Section 90-- 10
insert-- 11
`(2) Subsection (1) does not limit sections 182B and 182D.20'. 12
4. Section 92(1)(b), `permanent disability'-- 13
omit, insert-- 14
`permanent impairment'. 15
20 Section 182B (Worker must make choice about damages at law in certain
cases)
Section 182D (Access to common law damages if no offer of lump sum
compensation made)
35
Workers' Compensation Amendment (No. 2)
5. Section 95(4)(b), `in accordance with the table in section 129'-- 1
omit, insert-- 2
`under section 13021'. 3
6. Section 109(2)(b)-- 4
omit, insert-- 5
`(b) the worker's AWE.'. 6
7.(1) Section 112(1), (3), (4) and (5), `a lump sum'-- 7
omit, insert-- 8
`lump sum compensation'. 9
8. Section 112(2), `lump sum'-- 10
omit, insert-- 11
`lump sum compensation'. 12
9. Sections 112(5) and 113(4), `the lump sum'-- 13
omit, insert-- 14
`lump sum compensation'. 15
10. Section 113(4), `a lump sum payment is made'-- 16
omit, insert-- 17
`lump sum compensation is paid'. 18
21 Section 130 (Compensation for permanent impairment)
36
Workers' Compensation Amendment (No. 2)
11. Sections 131, heading and (1), (2) and (4), 134, heading, `129'-- 1
omit, insert-- 2
`130'. 3
12. Section 131(2), `lump sum payment' 4
omit, insert-- 5
`lump sum compensation'. 6
13. Section 134, `loss or condition' to `under that section'-- 7
omit, insert-- 8
`injury prescribed under the table of injuries, the worker is not entitled'. 9
14. Section 137(b), `a lump sum'-- 10
omit, insert-- 11
`lump sum compensation'. 12
15. Section 137(c), `payment of a lump sum of compensation'-- 13
omit, insert-- 14
`another payment of lump sum compensation'. 15
16. Section 139, 140(5), `section 129'-- 16
omit, insert-- 17
`section 130'. 18
17. Section 154(1)(a), `a lump sum'-- 19
omit, insert-- 20
`lump sum compensation'. 21
37
Workers' Compensation Amendment (No. 2)
18. Section 158-- 1
omit. 2
19. Sections 171(3)(a)(iii) and (b)(ii) and (4)(c), `the disability'-- 3
omit, insert-- 4
`the impairment'. 5
20. In part 12-- 6
insert-- 7
`Approval of forms 8
`206A. The board may approve forms for use under this Act.'. 9
21. Section 207(l)(ii)-- 10
omit. 11
22. Section 210-- 12
insert-- 13
`(2) In an Act or document, a reference to the State Accident Insurance 14
Fund may, if the context permits, be taken to be a reference to the Workers' 15
Compensation Fund.'. 16
23. Section 212(5), `a lump sum'-- 17
omit, insert-- 18
`lump sum compensation'. 19
24. After section 214-- 20
insert-- 21
38
Workers' Compensation Amendment (No. 2)
`Transitional provision about forms 1
`215.(1) This section applies if-- 2
(a) immediately before its commencement, there was a prescribed 3
form for a matter; and 4
(b) on the commencement, there is to be an approved form for the 5
matter or a form may be approved for the matter. 6
`(2) Until there is an approved form for the matter, the form that was the 7
prescribed form for the matter immediately before the commencement is 8
taken to be the approved for the matter. 9
`(3) This section expires 6 months after it commences.'. 10
11
© State of Queensland 1995
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