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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Workers' Compensation and
Rehabilitation Amendment
Bill 2006
Queensland
Workers' Compensation and
Rehabilitation Amendment Bill 2006
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 490 (Object of ch 11). . . . . . . . . . . . . . . . . . . . . 4
4 Insertion of new s 490A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
490A Application of ch 11 . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 491 (Meaning of worker for ch 11) . . . . . . . . . . 5
6 Insertion of new s 499 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
499 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Amendment of s 500 (Reference to tribunals) . . . . . . . . . . . . . . . 6
8 Insertion of new s 500A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
500A How to make a reference . . . . . . . . . . . . . . . . . . . . . . 7
9 Insertion of new s 508A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
508A Reference for former Act . . . . . . . . . . . . . . . . . . . . . . 7
10 Amendment of s 510 (Power of tribunal to examine worker) . . . . 7
11 Replacement of ss 511 and 511A . . . . . . . . . . . . . . . . . . . . . . . . 8
510A Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
510B Tribunal may require insurer to give further
information ........................... 8
510C Exchange of relevant documents before tribunal . . . . 8
511 Right to appear and be heard before tribunal. . . . . . . 9
511A New medical information . . . . . . . . . . . . . . . . . . . . . . 10
511B Record keeping by tribunal. . . . . . . . . . . . . . . . . . . . . 10
12 Amendment of s 512 (Further reference on fresh evidence) . . . . 10
13 Amendment of s 516 (Decisions of tribunal) . . . . . . . . . . . . . . . . 11
14 Insertion of new ch 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Workers' Compensation and Rehabilitation
Amendment Bill 2006
Chapter 19 Transitional provisions for Workers'
Compensation and Rehabilitation Amendment
Act 2006
638 Definitions for ch 19 . . . . . . . . . . . . . . . . . . . . . . . . . . 11
639 Meaning of reference . . . . . . . . . . . . . . . . . . . . . . . . . 11
640 Reference to tribunal before
commencement--worker scheduled to attend after
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
641 Reference to tribunal before
commencement--worker not yet scheduled to attend
after commencement . . . . . . . . . . . . . . . . . . . . . . . . . 12
642 Reference to tribunal after commencement . . . . . . . . 13
643 Existing decisions of tribunals . . . . . . . . . . . . . . . . . . 13
Schedule Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2006
A Bill
for
An Act to amend the Workers' Compensation and
Rehabilitation Act 2003
s1 4 s4
Workers' Compensation and Rehabilitation
Amendment Bill 2006
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Workers' Compensation and 3
Rehabilitation Amendment Act 2006. 4
Clause 2 Act amended 5
This Act amends the Workers' Compensation and 6
Rehabilitation Act 2003. 7
Clause 3 Amendment of s 490 (Object of ch 11) 8
(1) Section 490, after `independent'-- 9
insert-- 10
`and non-adversarial'. 11
(2) Section 490(a), after `Act'-- 12
insert-- 13
`or a former Act'. 14
Clause 4 Insertion of new s 490A 15
After section 490-- 16
insert-- 17
`490A Application of ch 11 18
`(1) This chapter applies in relation to-- 19
(a) an injury as defined under this Act sustained after the 20
commencement of this Act on 1 July 2003; and 21
(b) despite section 603, an injury as defined under a former 22
Act as in force when the injury was sustained. 23
s5 5 s6
Workers' Compensation and Rehabilitation
Amendment Bill 2006
`(2) Subsection (1) does not affect section 36A.1 1
`(3) For subsection (1)(b), this section also applies, for some 2
purposes, particular provisions of a former Act.'. 3
Clause 5 Amendment of s 491 (Meaning of worker for ch 11) 4
(1) Section 491, heading-- 5
omit, insert-- 6
`491 Interpretation'. 7
(2) Section 491(a), after `Act'-- 8
insert-- 9
`or a former Act'. 10
(3) Section 491, after note-- 11
insert-- 12
`(2) For the application of this chapter or a regulation made for 13
this chapter in relation to an injury mentioned in section 14
490A(1)(b), compensation, disfigurement, impairment and 15
injury, and any term used in an applicable provision of a 16
former Act, have the same meaning as they have under the 17
former Act.'. 18
Clause 6 Insertion of new s 499 19
Chapter 11, part 3, before section 500-- 20
insert-- 21
`499 Definitions for pt 3 22
`In this part-- 23
former tribunal means any of the following established under 24
a former Act-- 25
· a General Medical Board 26
· a General Medical Assessment Tribunal 27
1 Section 36A (Date of injury)
s7 6 s7
Workers' Compensation and Rehabilitation
Amendment Bill 2006
· a specialty medical board 1
· a specialty medical assessment tribunal. 2
relevant document means a document relevant to a reference 3
of a matter to a tribunal and, in particular, includes the 4
following documents-- 5
(a) an application for compensation; 6
(b) an application for a damages certificate under the 7
WorkCover Queensland Act 1996, section 270;2 8
(c) a notice of claim; 9
(d) medical reports; 10
(e) investigative or expert reports; 11
(f) information about medical treatment or investigations; 12
(g) statements made by a worker, the worker's employer or 13
a witness; 14
(h) reasons for a decision made by the insurer under the Act 15
or former Act relevant to the reference.'. 16
Clause 7 Amendment of s 500 (Reference to tribunals) 17
(1) Section 500, after `following matters'-- 18
insert-- 19
`in relation to an injury under this Act'. 20
(2) Section 500-- 21
insert-- 22
`(2) An insurer may also, in relation to an injury mentioned in 23
section 490A(1)(b), refer to the appropriate tribunal, for 24
decision on the medical matters involved, a matter that could 25
have been referred to a former tribunal under a former Act.'. 26
2 The WorkCover Queensland Act 1996, section 270 (Application for damages
certificate) was repealed on 1 July 2001.
s8 7 s 10
Workers' Compensation and Rehabilitation
Amendment Bill 2006
Clause 8 Insertion of new s 500A 1
After section 500-- 2
insert-- 3
`500A How to make a reference 4
`(1) An insurer refers a matter to a tribunal by-- 5
(a) making a reference in the approved form; and 6
(b) giving the tribunal a copy of all relevant documents. 7
`(2) The insurer must give the tribunal relevant documents even 8
though otherwise protected by legal professional privilege. 9
`(3) However, the insurer is not required to give the tribunal 10
correspondence between the insurer and the insurer's lawyer 11
that is protected by legal professional privilege.'. 12
Clause 9 Insertion of new s 508A 13
After section 508-- 14
insert-- 15
`508A Reference for former Act 16
`(1) This section applies on a reference to a tribunal under section 17
500(2). 18
`(2) A provision of a former Act that authorised or regulated the 19
matters that could be referred to a former tribunal, or a 20
decision on those matters, applies to the reference. 21
`(3) In the event of doubt, a regulation may declare a provision of 22
a former Act to be a provision to which subsection (2) 23
applies.'. 24
Clause 10 Amendment of s 510 (Power of tribunal to examine 25
worker) 26
Section 510-- 27
insert-- 28
`(1A) It is entirely in the tribunal's discretion who may be present at 29
a personal examination of the worker, but in any 30
circumstances the only representative who may be present is a 31
s 11 8 s 11
Workers' Compensation and Rehabilitation
Amendment Bill 2006
person nominated by the worker to be the worker's 1
representative.'. 2
Clause 11 Replacement of ss 511 and 511A 3
Sections 511 and 511A-- 4
omit, insert-- 5
`510A Definitions for pt 4 6
`In this part-- 7
relevant document see section 499. 8
representative means a person nominated by a worker to be 9
the worker's representative in relation to a reference of a 10
matter to a tribunal. 11
`510B Tribunal may require insurer to give further 12
information 13
`(1) The tribunal may, by written notice, require the insurer to give 14
the tribunal, within the period stated in the notice, any further 15
information the tribunal needs to decide the matter referred to 16
the tribunal. 17
`(2) The insurer must comply with the notice. 18
`510C Exchange of relevant documents before tribunal 19
`(1) After an insurer refers a matter to a tribunal, relevant 20
documents can only be exchanged between an insurer, the 21
worker and the tribunal. 22
`(2) To remove any doubt, it is declared that an employer who is 23
not an insurer or any other person not mentioned in subsection 24
(1) whose interests may be affected by a decision made by a 25
tribunal can not be given copies of relevant documents after a 26
matter is referred to a tribunal. 27
`(3) The tribunal must give the worker a copy of a relevant 28
document given by the insurer to the tribunal-- 29
(a) if the document is given under section 500A--within 10 30
business days after a matter is referred to the tribunal; or 31
s 11 9 s 11
Workers' Compensation and Rehabilitation
Amendment Bill 2006
(b) otherwise--within 5 business days after the tribunal 1
receives the document. 2
`(4) At least 10 business days before the worker is scheduled to 3
attend before the tribunal, the worker must give the tribunal 4
and the insurer a copy of any relevant document the worker 5
wants considered by the tribunal. 6
`(5) At least 3 business days before the worker is scheduled to 7
attend before the tribunal, the insurer may give the tribunal 8
and the worker a written submission on the factual matters 9
referred to in the relevant documents given by the worker 10
under subsection (4). 11
`(6) A tribunal may proceed to decide a matter even though an 12
insurer has not given a written submission to the tribunal and 13
the worker. 14
`(7) A tribunal can not consider or rely on any relevant document 15
given by the insurer or worker that has not been exchanged 16
under this part. 17
`(8) However, subsection (7) does not prevent the tribunal from 18
relying on either of the following-- 19
(a) a report resulting from an examination of a worker by a 20
doctor nominated by the tribunal under section 21
510(1)(b); 22
(b) a medical image given to the tribunal by the worker. 23
24
Examples of medical images--
25
CT, MRI, ultrasound scan, X-ray
`511 Right to appear and be heard before tribunal 26
`(1) Despite any Act or law, this section is the only provision of 27
law under which a person may be heard in relation to a matter 28
referred to a tribunal, whether in relation to an injury 29
mentioned in section 490A(1)(a) or (b). 30
`(2) On a reference to a tribunal, the worker is entitled to be heard 31
before the tribunal in person or by the worker's representative. 32
`(3) Only the worker and any representative of the worker may be 33
present or heard before the tribunal. 34
s 12 10 s 12
Workers' Compensation and Rehabilitation
Amendment Bill 2006
`(4) To remove any doubt, it is declared that an insurer, employer, 1
or any other person (not being the worker) whose interests 2
may be affected by a decision made by a tribunal can not be 3
present, represented or heard before a tribunal. 4
`511A New medical information 5
`(1) This section applies if-- 6
(a) new information about a medical matter, other than 7
information in a relevant document, comes to the 8
tribunal's knowledge when a worker attends before the 9
tribunal; or 10
(b) the tribunal receives a report resulting from an 11
examination of a worker by a doctor nominated by the 12
tribunal under section 510(1)(b). 13
`(2) The tribunal is not required to give the information or report to 14
an insurer or the worker's employer or to anyone else for any 15
purpose, either before or after the tribunal makes its decision. 16
`511B Record keeping by tribunal 17
`(1) The tribunal must keep a record of-- 18
(a) relevant documents exchanged in relation to a matter 19
referred to the tribunal; and 20
(b) the reasons for its decision on the reference. 21
`(2) However, the tribunal is not required to make a transcript or 22
recording of the worker's attendance before the tribunal. 23
`(3) A transcript or recording, if made, can only be disclosed to the 24
worker and any representative of the worker. 25
`(4) This section does not limit section 516.'. 26
Clause 12 Amendment of s 512 (Further reference on fresh 27
evidence) 28
Section 512-- 29
insert-- 30
s 13 11 s 14
Workers' Compensation and Rehabilitation
Amendment Bill 2006
`(8A) In relation to a reference to a tribunal under section 500(2), a 1
provision of a former Act dealing with a further reference on 2
fresh evidence applies and subsections (1) to (8) do not 3
apply.'. 4
Clause 13 Amendment of s 516 (Decisions of tribunal) 5
Section 516(2)(b), `or agent'-- 6
omit. 7
Clause 14 Insertion of new ch 19 8
After section 637-- 9
insert-- 10
`Chapter 19 Transitional provisions for 11
Workers' Compensation and 12
Rehabilitation Amendment Act 13
2006 14
`638 Definitions for ch 19 15
`In this chapter-- 16
amended chapter 11 means chapter 11 as amended by the 17
Workers' Compensation and Rehabilitation Amendment Act 18
2006. 19
commencement means the commencement of this section. 20
reference see section 639. 21
`639 Meaning of reference 22
`(1) A reference means a reference of a matter to a tribunal under 23
section 500.3 24
`(2) For subsection (1), a reference made before the 25
commencement in relation to an injury under a former Act is, 26
3 Section 500 (Reference to tribunals)
s 14 12 s 14
Workers' Compensation and Rehabilitation
Amendment Bill 2006
from the commencement and despite section 603, taken to 1
have been made under section 500(2). 2
`640 Reference to tribunal before 3
commencement--worker scheduled to attend after 4
commencement 5
`(1) This section applies if-- 6
(a) a reference is made before the commencement; and 7
(b) the worker to whom the reference relates has been 8
scheduled to attend before the tribunal after the 9
commencement. 10
`(2) The amended chapter 11, other than sections 500A and 510C,4 11
apply to the reference. 12
`(3) This section applies regardless of the date of a worker's injury 13
and despite section 603. 14
`641 Reference to tribunal before 15
commencement--worker not yet scheduled to attend 16
after commencement 17
`(1) This section applies if-- 18
(a) a reference is made before the commencement; and 19
(b) on the commencement, the worker to whom the 20
reference relates has not been scheduled to attend before 21
the tribunal after the commencement. 22
`(2) The amended chapter 11, other than section 500A,5 applies to 23
the reference. 24
`(3) This section applies regardless of the date of a worker's injury 25
and despite section 603. 26
4 Sections 500A (How to make a reference) and 510C (Exchange of relevant
documents before tribunal)
5 Section 500A (How to make a reference)
s 14 13 s 14
Workers' Compensation and Rehabilitation
Amendment Bill 2006
`642 Reference to tribunal after commencement 1
`(1) This section applies if a reference is made after the 2
commencement. 3
`(2) The amended chapter 11 applies to the reference regardless of 4
the date of a worker's injury and despite section 603. 5
`643 Existing decisions of tribunals 6
`(1) Subsections (2) and (3) apply if, before the commencement-- 7
(a) a tribunal made, or purported to make, a decision on a 8
reference; and 9
(b) an insurer, employer, or any other person whose 10
interests may have been affected by the decision was not 11
present or heard before the tribunal. 12
`(2) It is declared that a decision of a tribunal is taken to be, and to 13
always have been, valid to the extent that the decision may not 14
have been valid because a person mentioned in subsection 15
(1)(b) was not present or heard before the tribunal. 16
`(3) However, this section does not make valid a decision of a 17
tribunal that has been set aside by the Court of Appeal before 18
the commencement for the reason mentioned in subsection 19
(2). 20
`(4) Subsection (5) applies to a tribunal that, before the 21
commencement, exercised or purported to exercise 22
jurisdiction under chapter 11, as in force from time to time 23
before the commencement, on a reference of any description 24
in relation to an injury under a former Act. 25
`(5) It is declared that the tribunal had, and is taken always to have 26
had, that jurisdiction.'. 27
14
Workers' Compensation and Rehabilitation
Amendment Bill 2006
Schedule Minor amendments 1
section 2 2
1 Chapter 11, part 1, heading-- 3
omit, insert-- 4
`Part 1 Preliminary'. 5
2 After section 491-- 6
insert-- 7
`Part 2 Tribunals'. 8
3 Section 501(1), `section 500(a)'-- 9
omit, insert-- 10
`section 500(1)(a)'. 11
4 Section 502(1) and (2), `section 500(b)'-- 12
omit, insert-- 13
`section 500(1)(b)'. 14
5 Section 503(1), `section 500(c)'-- 15
omit, insert-- 16
`section 500(1)(c)'. 17
6 Section 504(1), `section 500(d)'-- 18
omit, insert-- 19
`section 500(1)(d)'. 20
15
Workers' Compensation and Rehabilitation
Amendment Bill 2006
Schedule (continued)
7 Section 505(1), `section 500(e)'-- 1
omit, insert-- 2
`section 500(1)(e)'. 3
8 Section 506(1), `section 500(f)'-- 4
omit, insert-- 5
`section 500(1)(f)'. 6
9 Section 507(1), `section 500(g)'-- 7
omit, insert-- 8
`section 500(1)(g)'. 9
10 Section 508(1), `section 500(h)'-- 10
omit, insert-- 11
`section 500(1)(h)'. 12
11 Section 512(1), `section 500'-- 13
omit, insert-- 14
`section 500(1)'. 15
12 Schedule 6-- 16
insert-- 17
`former tribunal, for chapter 11, part 3, see section 499. 18
relevant document, for chapter 11, parts 3 and 4, see section 19
499. 20
representative, for chapter 11, part 4, see section 510A.'. 21
© State of Queensland 2006
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