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Queensland
Workers' Compensation and
Rehabilitation and Other Acts
Amendment Bill 2005
Queensland
Workers' Compensation and
Rehabilitation and Other Acts Amendment
Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2 Amendment of Workers' Compensation and Rehabilitation
Act 2003
3 Act amended in pt 2 and sch . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
4 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
3A Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5 Amendment of s 5 (Workers' compensation scheme) . . . . . . . . . 11
6 Insertion of new ch 1, pt 4, div 6, sdiv 3A. . . . . . . . . . . . . . . . . . . 11
Subdivision 3A When latent onset injuries arise
36A Date of injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
7 Replacement of s 40 (Meaning of rehabilitation) . . . . . . . . . . . . . 12
40 Meaning of rehabilitation . . . . . . . . . . . . . . . . . . . . . . 12
8 Replacement of s 41 (Meaning of rehabilitation coordinator). . . . 13
41 Meaning of rehabilitation and return to work
coordinator ............................ 13
9 Amendment of s 42 (Meaning of suitable duties) . . . . . . . . . . . . . 14
10 Amendment of s 71 (Issue or renewal of licence to a single
employer) ........................................ 14
11 Amendment of s 72 (Issue or renewal of licence to a group
employer) ........................................ 14
12 Replacement of s 78 (Duration of licence) . . . . . . . . . . . . . . . . . . 15
78 Duration of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
13 Amendment of s 92 (Powers of self-insurers). . . . . . . . . . . . . . . . 15
14 Insertion of new ch 2, pt 4, divs 6 and 7. . . . . . . . . . . . . . . . . . . . 16
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Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
Division 6 Self-insurers who become non-scheme
employers
105 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
105A Non-scheme employer must give notice to Authority . 16
105B Non-scheme employer continues to be self-insurer
for 12 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
105C Non-scheme employer continues to have obligation
for rehabilitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
105D Authority may impose conditions on continued
licence .............................. 17
105E Cancellation of continued licence . . . . . . . . . . . . . . . . 18
105F Transfer to WorkCover after cancellation . . . . . . . . . . 18
105G Particular functions and powers may be held by
non-scheme employer after cancellation . . . . . . . . . . 19
105H Recovery of ongoing costs from non-scheme
employer .............................. 19
105I Assessing liability after cancellation . . . . . . . . . . . . . . 21
105J Return of bank guarantee or cash deposit after
cancellation .............................. 21
Division 7 Member of a group who becomes non-scheme
employer
105K Application of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
105L Self-insurer must give notice to Authority . . . . . . . . . . 22
105M Non-scheme member continues as member of
self-insurer for 12 months. . . . . . . . . . . . . . . . . . . . . . 23
105N Non-scheme member continues to have obligation
for rehabilitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
105O Consequences of member becoming non-scheme
member ................................. 23
15 Amendment of s 109 (Who must pay compensation). . . . . . . . . . 24
16 Insertion of new ch 3, pt 3, div 5. . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 5 Workers with latent onset injuries that are
terminal conditions
128A Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
128B Entitlements of worker with terminal condition . . . . . . 24
128C Reduction of amount payable . . . . . . . . . . . . . . . . . . . 25
17 Amendment of s 140 (Maximum entitlement). . . . . . . . . . . . . . . . 25
18 Amendment of s 150 (Total incapacity--workers whose
employment is governed by an industrial instrument) . . . . . . . . . 26
19 Amendment of s 151 (Total incapacity--workers whose
employment is not governed by industrial instrument) . . . . . . . . . 26
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Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
20 Amendment of s 152 (Total incapacity--certain contract workers) 26
21 Amendment of s 157 (Total incapacity) . . . . . . . . . . . . . . . . . . . . 27
22 Amendment of s 159 (Total incapacity) . . . . . . . . . . . . . . . . . . . . 27
23 Amendment of s 192 (Additional lump sum compensation for
certain workers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
24 Amendment of s 193 (Additional lump sum compensation for
gratuitous care) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
25 Amendment of s 200 (Total dependency). . . . . . . . . . . . . . . . . . . 28
26 Insertion of new s 201A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
201A Worker with non-dependent spouse, issue or next of
kin ................................... 29
27 Amendment of s 202 (Workers under 21) . . . . . . . . . . . . . . . . . . 29
28 Amendment of s 205 (Variation of payments for injuries). . . . . . . 29
29 Amendment of s 220 (Insurer's responsibility for worker's
rehabilitation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
30 Amendment of s 221 (Authority's responsibility for rehabilitation) 30
31 Amendment of s 226 (Employer's obligation to appoint
rehabilitation coordinator). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
32 Amendment of s 227 (Employer's obligation to have workplace
rehabilitation policy and procedures) . . . . . . . . . . . . . . . . . . . . . . 31
33 Amendment of s 228 (Employer's obligation to assist or provide
rehabilitation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
34 Amendment of s 238 (Worker with terminal condition). . . . . . . . . 31
35 Amendment of s 240 (Consequences, to costs, of seeking
damages) ........................................ 32
36 Replacement of s 310 (Application of div 1) . . . . . . . . . . . . . . . . . 32
310 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
37 Amendment of s 453 (WorkCover's capital adequacy). . . . . . . . . 33
38 Amendment of s 458 (Reserves) . . . . . . . . . . . . . . . . . . . . . . . . . 33
39 Replacement of ss 490497. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
490 Object of ch 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
491 Meaning of worker for ch 11 . . . . . . . . . . . . . . . . . . . . 33
492 Medical assessment tribunals to be maintained. . . . . 34
493 Panels for tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
494 Composition and constitution of tribunals. . . . . . . . . . 34
40 Insertion of new s 511A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
511A Who can attend tribunal . . . . . . . . . . . . . . . . . . . . . . . 34
41 Amendment of s 542 (Applying for review). . . . . . . . . . . . . . . . . . 34
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Workers' Compensation and Rehabilitation and Other
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42 Amendment of s 544 (Decision-maker must give information to
Authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
43 Amendment of s 546 (Notice of review decision) . . . . . . . . . . . . . 35
44 Insertion of new s 552A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
552A Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
552B Legal representation at appeal or conference . . . . . . 36
45 Amendment of s 553 (Application of Uniform Civil Procedure
Rules and Industrial Relations (Tribunals) Rules) . . . . . . . . . . . . 36
46 Amendment of s 567 (Application of div 2). . . . . . . . . . . . . . . . . . 36
47 Amendment of s 579 (Summary proceedings for offences other
than against ch 8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
48 Amendment of s 625 (Appeals generally) . . . . . . . . . . . . . . . . . . 36
49 Insertion of new ch 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Chapter 18 Transitional provisions for Workers'
Compensation and Rehabilitation and Other
Acts Amendment Act 2005
627 Definition for ch 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
628 Latent onset injuries that are terminal conditions . . . . 37
629 Maximum statutory compensation . . . . . . . . . . . . . . . 37
630 Weekly payment for total incapacity . . . . . . . . . . . . . . 38
631 Compensation on worker's death . . . . . . . . . . . . . . . . 38
632 Appointment of rehabilitation and return to work
coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
633 Existing rehabilitation coordinators. . . . . . . . . . . . . . . 38
634 Workplace rehabilitation policy and procedures . . . . . 39
635 Medical assessment tribunals . . . . . . . . . . . . . . . . . . 39
636 Application of Industrial Relations (Tribunals) Rules . 39
637 Incorrect reference in s 625 . . . . . . . . . . . . . . . . . . . . 39
50 Amendment of sch 2 (Who is a worker in particular
circumstances) .................................. 40
51 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 40
Part 3 Amendment of Workplace Health and Safety Act 1995
52 Act amended in pt 3 and sch . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
53 Omission of ss 5 and 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
54 Amendment of s 7 (Objective of Act) . . . . . . . . . . . . . . . . . . . . . . 41
55 Replacement of s 13 (Who is the principal contractor?). . . . . . . . 42
13 Who is the principal contractor for construction work. 42
56 Replacement of s 13 (Who is the principal contractor for
construction work) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
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Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
12A Who is the client for construction work. . . . . . . . . . . . 43
12B Who is the project manager for construction work . . . 43
13 Who is the principal contractor for construction work. 44
57 Replacement of ss 13A and 14 . . . . . . . . . . . . . . . . . . . . . . . . . . 44
14 What is construction work . . . . . . . . . . . . . . . . . . . . . 44
58 Amendment of s 15A (Meaning of relevant workplace area) . . . . 45
59 Omission of s 17 (When is a self-employed person performing
work?) ........................................... 45
60 Replacement of s 22 (Ensuring workplace health and safety) . . . 45
22 Ensuring workplace health and safety . . . . . . . . . . . . 46
61 Amendment of s 23 (Obligations for workplace health and safety) 46
62 Replacement of s 23 (Obligations for workplace health and
safety) ........................................ 46
23 Obligations for workplace health and safety . . . . . . . . 47
63 Amendment of s 24 (Discharge of obligations) . . . . . . . . . . . . . . 47
64 Omission of s 24A (Charges for offences under s 24) . . . . . . . . . 48
65 Amendment of s 26 (How obligations can be discharged if
regulation etc. made) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
66 Amendment of s 27 (How obligations can be discharged if no
regulation etc. made) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
67 Insertion of new s 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
27A Managing exposure to risks . . . . . . . . . . . . . . . . . . . . 49
68 Replacement of ss 2829B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
28 Obligations of persons conducting business or
undertaking ............................. 50
29 What obligations under s 28 include . . . . . . . . . . . . . 51
69 Amendment of s 31 (Obligations of principal contractors) . . . . . . 51
70 Replacement of s 31 (Obligations of principal contractors) . . . . . 52
30A Obligations of clients . . . . . . . . . . . . . . . . . . . . . . . . . 52
30B Obligations of designers of structures . . . . . . . . . . . . 53
30C Obligations of project managers. . . . . . . . . . . . . . . . . 54
31 Obligations of principal contractors . . . . . . . . . . . . . . 54
71 Amendment of s 34B (Obligation of designer of building or other
structure used as a workplace) . . . . . . . . . . . . . . . . . . . . . . . . . . 55
72 Omission of s 34B (Obligation of designer of building or other
structure used as a workplace) . . . . . . . . . . . . . . . . . . . . . . . . . . 56
73 Replacement of s 35 (Obligations of owners of specified high
risk plant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
35 Obligations of owners of plant . . . . . . . . . . . . . . . . . . 56
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Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
74 Amendment of s 36 (Obligations of workers and other persons
at a workplace) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
75 Amendment of s 38 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . 56
76 Amendment of s 42C (Ministerial notices in urgent
circumstances) ................................. 57
77 Amendment of s 87 (Membership of committee) . . . . . . . . . . . . . 57
78 Amendment of s 94 (Appointment of workplace health and
safety officer by principal contractor) . . . . . . . . . . . . . . . . . . . . . . 57
79 Amendment of s 96 (Functions of workplace health and safety
officers) .......................................... 58
80 Replacement of s 97 (Employer and principal contractor to help
workplace health and safety officer etc.) . . . . . . . . . . . . . . . . . . . 58
97 Employer and principal contractor to help workplace
health and safety officer etc.. . . . . . . . . . . . . . . . . . . . 58
81 Amendment of s 104 (Entry to places) . . . . . . . . . . . . . . . . . . . . . 59
82 Amendment of s 108 (General powers after entering places) . . . 60
83 Replacement of s 110 (Inspector's power to seize dangerous
places and things) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
110 Inspector's power to seize dangerous places and
things ................................ 60
84 Amendment of s 122 (Power to require production of certain
documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
85 Amendment of s 147A (Definitions for pt 11) . . . . . . . . . . . . . . . . 62
86 Insertion of new pt 14, div 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Division 1B Workplace health and safety contributions
182B Purpose of div 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
182C Definition for div 1B . . . . . . . . . . . . . . . . . . . . . . . . . . 62
182D Workplace health and safety contribution to be paid . 63
182E Workplace health and safety contribution notice . . . . 63
182F Working out workplace health and safety
contribution amounts . . . . . . . . . . . . . . . . . . . . . . . . . 64
182G Confidentiality of information obtained from
Commissioner of State Revenue . . . . . . . . . . . . . . . . 65
87 Replacement of s 184A (Appointment of principal contractors) . . 65
184A Appointment of principal contractors . . . . . . . . . . . . . 65
88 Amendment of s 184A (Appointment of principal contractors) . . . 66
89 Insertion of new ss 185A and 185B . . . . . . . . . . . . . . . . . . . . . . . 67
185A Powers of chief executive to require production of
particular documents . . . . . . . . . . . . . . . . . . . . . . . . . 67
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Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
185B Chief executive may require information from
employers ............................. 68
185C Confidentiality of particular information . . . . . . . . . . . 68
90 Insertion of new pt 17, div 3 and sch 1. . . . . . . . . . . . . . . . . . . . . 69
Division 3 Transitional provision for Workers'
Compensation and Rehabilitation and Other
Acts Amendment Act 2005
192 Prosecution for offence against s 24 . . . . . . . . . . . . . 69
Schedule 1 Prescribed activities
91 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 71
Part 4 Amendment of Industrial Relations Act 1999
92 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
93 Amendment of s 93 (Dismissal of injured employees only after
6 months) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
94 Omission of s 95 (Reinstatement of injured employees) . . . . . . . 75
95 Amendment of s 267 (Commission's jurisdiction is exclusive) . . . 75
96 Insertion of new ch 20, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Part 4 Transitional provision for Workers'
Compensation and Rehabilitation and Other
Acts Amendment Act 2005
738 Dismissal of injured employee . . . . . . . . . . . . . . . . . . 76
Schedule Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Workers' Compensation and Rehabilitation Act 2003 . . . . . . . . . 77
Workplace Health and Safety Act 1995 . . . . . . . . . . . . . . . . . . . . 80
2005
A Bill
for
An Act to amend the Workers' Compensation and
Rehabilitation Act 2003, the Workplace Health and Safety Act
1995 and the Industrial Relations Act 1999
s1 10 s2
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Workers' Compensation and 4
Rehabilitation and Other Acts Amendment Act 2005. 5
Clause 2 Commencement 6
(1) Section 48 is taken to have commenced on 22 August 2005. 7
(2) The following provisions commence on 1 January 2006-- 8
· section 8 9
· sections 31(2) and (4) and 32 10
· section 39 11
· section 43 12
· section 49 (to the extent it inserts sections 632, 634 and 13
635) 14
· section 51(3) 15
· sections 91(4) and (5). 16
(3) Section 91(6) commences on 1 July 2006. 17
(4) The following provisions commence on a day to be fixed by 18
proclamation-- 19
· section 56 20
· section 62 21
· sections 70 and 72 22
· section 88 23
· section 91(3) 24
· schedule, amendments of the Workplace Health and 25
Safety Act 1995, items 5 and 6. 26
s3 11 s6
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
Part 2 Amendment of Workers' 1
Compensation and 2
Rehabilitation Act 2003 3
Clause 3 Act amended in pt 2 and sch 4
This part and the schedule amend the Workers' Compensation 5
and Rehabilitation Act 2003. 6
Clause 4 Insertion of new s 3A 7
Chapter 1, part 1, after section 3-- 8
insert-- 9
`3A Notes in text 10
`A note in the text of this Act is part of the Act.'. 11
Clause 5 Amendment of s 5 (Workers' compensation scheme) 12
Section 5(3), from `for example'-- 13
omit, insert-- 14
`for example-- 15
(a) under arrangements for specified benefits for specified 16
persons or treatment of specified persons in some 17
respects as workers; and 18
(b) under procedures for assessment of injuries under other 19
Acts by medical assessment tribunals established under 20
this Act.'. 21
Clause 6 Insertion of new ch 1, pt 4, div 6, sdiv 3A 22
After section 36-- 23
insert-- 24
s7 12 s7
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
`Subdivision 3A When latent onset injuries arise 1
`36A Date of injury 2
`(1) This section applies if a person-- 3
(a) is diagnosed by a doctor after the commencement of this 4
section as having a latent onset injury; and 5
(b) applies for compensation for the latent onset injury. 6
`(2) The following questions are to be decided under the relevant 7
compensation Act as in force when the injury was sustained-- 8
(a) whether the person was a worker under the Act when the 9
injury was sustained; 10
(b) whether the injury was an injury under the Act when it 11
was sustained. 12
`(3) Section 131 applies to the application for compensation as if 13
the entitlement to compensation arose on the day of the 14
doctor's diagnosis. 15
`(4) Subject to subsections (2) and (3), this Act applies in relation 16
to the person's claim as if the date on which the injury was 17
sustained is the date of the doctor's diagnosis. 18
`(5) To remove any doubt, it is declared that nothing in subsection 19
(4) limits section 236. 20
`(6) Subsections (2) to (4) have effect despite section 603. 21
`(7) In this section-- 22
relevant compensation Act means this Act or a former Act.'. 23
Clause 7 Replacement of s 40 (Meaning of rehabilitation) 24
Section 40-- 25
omit, insert-- 26
`40 Meaning of rehabilitation 27
`(1) Rehabilitation, of a worker, is a process designed to-- 28
(a) ensure the worker's earliest possible return to work; or 29
s8 13 s8
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
(b) maximise the worker's independent functioning. 1
`(2) Rehabilitation includes-- 2
(a) necessary and reasonable-- 3
(i) suitable duties programs; or 4
(ii) services provided by a registered person; or 5
(iii) services approved by an insurer; or 6
(b) the provision of necessary and reasonable aids or 7
equipment to the worker. 8
`(3) The purpose of rehabilitation is-- 9
(a) to return the worker to the worker's pre-injury duties; or 10
(b) if it is not feasible to return the worker to the worker's 11
pre-injury duties--to return the worker, either 12
temporarily or permanently, to other suitable duties with 13
the worker's pre-injury employer; or 14
(c) if paragraph (b) is not feasible--to return the worker, 15
either temporarily or permanently, to other suitable 16
duties with another employer; or 17
(d) if paragraphs (a), (b) and (c) are not feasible--to 18
maximise the worker's independent functioning.'. 19
Clause 8 Replacement of s 41 (Meaning of rehabilitation 20
coordinator) 21
Section 41-- 22
omit, insert-- 23
`41 Meaning of rehabilitation and return to work 24
coordinator 25
`A rehabilitation and return to work coordinator is a person 26
who-- 27
(a) has met the criteria for becoming a rehabilitation and 28
return to work coordinator prescribed under a 29
regulation; and 30
(b) has the functions prescribed under a regulation.'. 31
s9 14 s 11
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
Clause 9 Amendment of s 42 (Meaning of suitable duties) 1
Section 42(c), `rehabilitation plan'-- 2
omit, insert-- 3
`rehabilitation and return to work plan'. 4
Clause 10 Amendment of s 71 (Issue or renewal of licence to a 5
single employer) 6
(1) Section 71(1)(g)(ii)(A)-- 7
omit, insert-- 8
`(A) are adequately serviced by a rehabilitation 9
and return to work coordinator who is in 10
Queensland and employed by the employer 11
under a contract (regardless of whether the 12
contract is a contract of service); and'. 13
(2) Section 71-- 14
insert-- 15
`(1A) Despite subsection (1)(b), the Authority may renew a licence 16
to be a self-insurer to a single employer for a period of not 17
more than 2 years if satisfied that-- 18
(a) the net tangible assets of the employer are at least $90m; 19
and 20
(b) the employer has a strategy that will enable the 21
employer to satisfy subsection (1)(b) in the short-term.'. 22
Clause 11 Amendment of s 72 (Issue or renewal of licence to a 23
group employer) 24
(1) Section 72(1)(h)(ii)(A)-- 25
omit, insert-- 26
`(A) are adequately serviced by a rehabilitation 27
and return to work coordinator who is in 28
Queensland and employed by the group 29
employer or a member of the group under a 30
contract (regardless of whether the contract 31
is a contract of service); and'. 32
s 12 15 s 13
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
(2) Section 72-- 1
insert-- 2
`(1A) Despite subsection (1)(c), the Authority may renew a licence 3
to be a self-insurer to a group employer for a period of not 4
more than 2 years if satisfied that-- 5
(a) the combined total net tangible assets of all members of 6
the group are at least $90m; and 7
(b) the employer has a strategy that will enable the 8
employer to satisfy subsection (1)(c) in the short-term.'. 9
Clause 12 Replacement of s 78 (Duration of licence) 10
Section 78-- 11
omit, insert-- 12
`78 Duration of licence 13
`(1) A licence is issued for a period of 2 years. 14
`(2) However, on an application for the renewal of a licence, the 15
licence may be issued for a period of not more than 4 years. 16
`(3) The period of the licence must be stated in the licence.'. 17
Clause 13 Amendment of s 92 (Powers of self-insurers) 18
(1) Section 92(4) to (6)-- 19
omit, insert-- 20
`(4) A self-insurer may engage a person who is in Queensland, and 21
who is employed by the self-insurer under a contract 22
(regardless of whether the contract is a contract of service), to 23
perform the self-insurer's functions or exercise the 24
self-insurer's powers, other than the functions and powers set 25
out under the following provisions-- 26
(a) for an injury sustained during the operation of this 27
Act--sections 109, 199, 210 to 212, 216 to 219, 220(1) 28
and 222 to 224 of this Act; 29
s 14 16 s 14
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
(b) for an injury sustained during the operation of the 1
WorkCover Queensland Act 1996--sections 135, 217, 2
228 to 230, 234, 235 and 237 to 241 of that Act; 3
(c) for an injury sustained during the operation of the 4
Workers' Compensation Act 1990--sections 144, 145, 5
148 and 150 to 152 of that Act; 6
(d) for an injury sustained during the operation of the 7
Workers' Compensation Act 1916--section 14D of that 8
Act.'. 9
(2) Section 92(7) and (8)-- 10
renumber as section 92(5) and (6). 11
Clause 14 Insertion of new ch 2, pt 4, divs 6 and 7 12
After section 104-- 13
insert-- 14
`Division 6 Self-insurers who become 15
non-scheme employers 16
`105 Application of div 6 17
`This division applies if a self-insurer becomes a non-scheme 18
employer. 19
`105A Non-scheme employer must give notice to Authority 20
`(1) The non-scheme employer must, by written notice, tell the 21
Authority that the non-scheme employer has become a 22
non-scheme employer. 23
`(2) The non-scheme employer must give the notice to the 24
Authority within 5 business days after receiving notice that it 25
has been granted a licence under the Safety, Rehabilitation 26
and Compensation Act 1988 (Cwlth), part VIII. 27
`(3) The non-scheme employer must also tell the Authority the 28
exit date. 29
s 14 17 s 14
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
`105B Non-scheme employer continues to be self-insurer 1
for 12 months 2
`(1) The non-scheme employer is taken to continue to be a 3
self-insurer for 12 months from the exit date for the purposes 4
of the injuries mentioned in subsection (3). 5
`(2) For subsection (1), the self-insurer's licence of the 6
non-scheme employer (the continued licence) continues until 7
it is cancelled under section 105E. 8
`(3) The non-scheme employer is liable for compensation and 9
damages for the total of the accrued, continuing, future and 10
contingent liabilities for all injuries sustained by a worker 11
employed by the non-scheme employer that arise from an 12
event happening or ending during the period the non-scheme 13
employer was licensed as a self-insurer but before the exit 14
date. 15
`(4) The non-scheme employer continues to have the functions and 16
powers of a self-insurer under section 92 or 92A for the 17
injuries mentioned in subsection (3) for the period of 12 18
months after the exit date. 19
`105C Non-scheme employer continues to have obligation 20
for rehabilitation 21
`Sections 228 and 2291 continue to apply to the non-scheme 22
employer after the exit date for the injuries mentioned in 23
section 105B(3). 24
`105D Authority may impose conditions on continued 25
licence 26
`(1) The Authority may, by written notice to the non-scheme 27
employer, during the period of 12 months after the exit date-- 28
(a) impose conditions on the continued licence; or 29
(b) vary conditions imposed on the continued licence. 30
1 Section 228 (Employer's obligation to assist or provide rehabilitation) and 229
(Employer's failure in relation to rehabilitation)
s 14 18 s 14
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
`(2) The non-scheme employer must comply with the conditions 1
imposed on the continued licence. 2
Maximum penalty for subsection (2)--1000 penalty units. 3
`105E Cancellation of continued licence 4
`The continued licence is cancelled on the day that is 12 5
months after the exit date. 6
`105F Transfer to WorkCover after cancellation 7
`Other than as provided by section 105G, on cancellation of 8
the continued licence-- 9
(a) the non-scheme employer's functions and powers as a 10
self-insurer under section 92 or 92A2 end; and 11
(b) for all applications for compensation held by the 12
non-scheme employer immediately before the 13
cancellation-- 14
(i) the non-scheme employer must immediately give 15
WorkCover all documents relating to the 16
applications; and 17
(ii) WorkCover has all its functions and powers; and 18
(c) an application for compensation that, other than for this 19
section, would have been lodged with the non-scheme 20
employer as a self-insurer, must be lodged with 21
WorkCover; and 22
(d) WorkCover replaces the non-scheme employer, for any 23
proceeding being taken, or that may be taken, by a 24
claimant or worker against or by the non-scheme 25
employer as a self-insurer, as an insurer in relation to the 26
claimant or worker; and 27
2 Section 92 (Powers of self-insurers) or 92A (Powers of local government
self-insurers)
s 14 19 s 14
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
(e) WorkCover has the rights, and assumes the obligations, 1
of the non-scheme employer as a self-insurer under the 2
contract of reinsurance. 3
Maximum penalty for paragraph (b)(i)--200 penalty units. 4
`105G Particular functions and powers may be held by 5
non-scheme employer after cancellation 6
`(1) The purpose of this section is to authorise the non-scheme 7
employer to perform functions and exercise powers as a 8
self-insurer to manage claims arising during the period when 9
the non-scheme employer was a self-insurer but before the 10
exit date. 11
`(2) If the Authority considers it appropriate, the Authority may, at 12
the request of the non-scheme employer, allow the 13
non-scheme employer to continue to have functions and 14
powers as a self-insurer previously had by the non-scheme 15
employer as a self-insurer under section 92 or 92A.3 16
`(3) The Authority must give the non-scheme employer written 17
notice of the functions and powers continued. 18
`(4) The Authority may impose conditions on the functions and 19
powers continued. 20
`(5) The non-scheme employer has the functions and powers of a 21
self-insurer as stated in the notice. 22
`105H Recovery of ongoing costs from non-scheme 23
employer 24
`(1) This section applies if, after the continued licence is 25
cancelled, WorkCover-- 26
(a) pays compensation or damages for which the 27
non-scheme employer is liable under section 68C or 87;4 28
or 29
3 Section 92 (Powers of self-insurers) or 92A (Powers of local government
self-insurers)
4 Section 68C (Local government self-insurer's liability for injury to councillors) or
87 (Self-insurer replaces WorkCover in liability for injury)
s 14 20 s 14
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
(b) incurs management costs in managing compensation 1
applications or damages actions for the compensation or 2
damages mentioned in paragraph (a). 3
`(2) The compensation or damages payments and management 4
costs-- 5
(a) are a debt due to WorkCover by the non-scheme 6
employer; and 7
(b) are payable within 20 business days after WorkCover's 8
written demand for payment, or a further period allowed 9
by WorkCover. 10
`(3) WorkCover may recover the debt from the unconditional bank 11
guarantee or cash deposit if the non-scheme employer-- 12
(a) fails to pay the debt within the period; or 13
(b) authorises WorkCover to do so in writing. 14
15
Note--
16
See section 84 for reference to unconditional bank guarantee or cash
17
deposit.
`(4) If subsection (3) applies, WorkCover may, by written notice, 18
ask the Authority to authorise the release of the amount of the 19
debt to WorkCover from the unconditional bank guarantee or 20
cash deposit. 21
`(5) The Authority must make a decision about the release of the 22
amount within 20 business days after being given the request. 23
`(6) If the Authority refuses to release the amount, WorkCover 24
may ask the Minister to give a direction under section 477.5 25
`(7) In this section-- 26
management costs means the reasonable costs of 27
administering the claims for which the non-scheme employer 28
is liable. 29
5 Section 477 (Additional power to direct Authority)
s 14 21 s 14
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
`105I Assessing liability after cancellation 1
`(1) WorkCover must appoint an actuary to assess the non-scheme 2
employer's liability under section 105B(3). 3
`(2) The amount of liability is the amount calculated under a 4
regulation. 5
`(3) The amount of liability assessed and management costs-- 6
(a) are a debt due to WorkCover by the non-scheme 7
employer; and 8
(b) are payable within 20 business days after the date of 9
assessment, or a further period allowed by WorkCover. 10
`(4) Without limiting subsection (3), if the non-scheme employer 11
fails to pay the debt within the period, WorkCover may 12
recover the debt from the unconditional bank guarantee or 13
cash deposit. 14
`(5) The Authority must retain the deposit or bank guarantee until 15
the non-scheme employer's liability under section 105B(3) 16
has been finalised as provided for under a regulation. 17
`(6) In this section-- 18
management costs means the reasonable costs of-- 19
(a) administering the claims for which the non-scheme 20
employer is liable; and 21
(b) the actuarial assessment of liability. 22
`105J Return of bank guarantee or cash deposit after 23
cancellation 24
`(1) This section applies if the non-scheme employer considers 25
that all accrued, continuing, future and contingent liabilities of 26
the non-scheme employer as a self-insurer have been 27
discharged or adequately provided for. 28
`(2) The non-scheme employer may, by written notice, ask the 29
Authority to return the balance of the unconditional bank 30
guarantee or cash deposit. 31
`(3) The Authority must, within 60 business days after being given 32
the request-- 33
s 14 22 s 14
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
(a) return the balance; or 1
(b) if the Authority considers that all accrued, continuing, 2
future and contingent liabilities of the non-scheme 3
employer as a self-insurer have not been discharged or 4
adequately provided for--give the non-scheme 5
employer a written notice refusing to return the balance 6
and stating the reasons for the refusal. 7
`(4) If the Authority refuses to return the balance, the non-scheme 8
employer may appeal under chapter 13.6 9
`(5) In this section-- 10
return includes relinquish. 11
`Division 7 Member of a group who becomes 12
non-scheme employer 13
`105K Application of div 7 14
`This division applies if a member of a group employer that is 15
a self-insurer becomes a non-scheme employer (the 16
non-scheme member). 17
`105L Self-insurer must give notice to Authority 18
`(1) The self-insurer of which the non-scheme member is a 19
member must, by written notice, tell the Authority that the 20
non-scheme member has become a non-scheme employer. 21
`(2) The notice must be given within 5 business days after the 22
non-scheme member receives notice that the non-scheme 23
member has been granted a licence under the Safety, 24
Rehabilitation and Compensation Act 1988 (Cwlth), part VIII. 25
`(3) The self-insurer must tell the Authority the exit date of the 26
non-scheme member. 27
6 Chapter 13 (Reviews and appeals)
s 14 23 s 14
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
`(4) The Authority must consider whether the self-insurer, after 1
the change, meets the requirements for a self-insurer's licence 2
for a group employer. 3
`105M Non-scheme member continues as member of 4
self-insurer for 12 months 5
`(1) The non-scheme member is taken to continue to be a member 6
of the self-insurer for 12 months from the exit date for the 7
purposes of the injuries mentioned in subsection (2). 8
`(2) The self-insurer is liable for compensation and damages for 9
the total of the accrued, continuing, future and contingent 10
liabilities for all injuries sustained by a worker employed by 11
the non-scheme member that arise from an event happening or 12
ending during the period the non-scheme member was a 13
member of the self-insurer but before the exit date. 14
`105N Non-scheme member continues to have obligation 15
for rehabilitation 16
`Sections 228 and 229 continue to apply to the non-scheme 17
member after the exit date for the injuries mentioned in 18
section 105M(2). 19
`105O Consequences of member becoming non-scheme 20
member 21
`(1) At the end of 12 months after the exit date, the self-insurer 22
must pay WorkCover an amount for the non-scheme 23
member's total liability. 24
`(2) For subsection (1), WorkCover is liable for compensation and 25
damages for the non-scheme member's total liability for all 26
injuries sustained by a worker employed by the non-scheme 27
member that arise from an event happening or ending during 28
the period the non-scheme member was a member of the 29
self-insurer but before the exit date. 30
`(3) The total liability must be-- 31
s 15 24 s 16
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
(a) calculated in the way prescribed under a regulation by 1
an actuary approved by the Authority; and 2
(b) paid within the time allowed under a regulation.'. 3
Clause 15 Amendment of s 109 (Who must pay compensation) 4
(1) Section 109(5)-- 5
renumber as section 109(6). 6
(2) Section 109-- 7
insert-- 8
`(5) Subsection (4) applies only until WorkCover has allowed a 9
claimant's application for compensation under section 134.7'. 10
Clause 16 Insertion of new ch 3, pt 3, div 5 11
After section 128-- 12
insert-- 13
`Division 5 Workers with latent onset injuries 14
that are terminal conditions 15
`128A Application of div 5 16
`This division applies to a worker if a latent onset injury 17
sustained by the worker is a terminal condition. 18
`128B Entitlements of worker with terminal condition 19
`(1) The worker is entitled to compensation for the latent onset 20
injury calculated only under this division. 21
`(2) The worker is entitled to lump sum compensation equal to the 22
sum of the following amounts-- 23
(a) $200000; 24
(b) 10% of the amount payable under paragraph (a); 25
7 Section 134 (Decision about application for compensation)
s 17 25 s 17
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
(c) additional lump sum compensation of up to $200000 1
payable according to a graduated scale prescribed under 2
a regulation, having regard to the age of the worker 3
when the worker lodges an application for compensation 4
for the latent onset injury. 5
`(3) However, the amount payable under subsection (2)(a) is 6
subject to any reduction made under section 128C. 7
`(4) The worker is also entitled to compensation under chapter 4, 8
part 2, but only until the worker receives lump sum 9
compensation under subsection (2). 10
`128C Reduction of amount payable 11
`(1) This section applies if any of the following payments have 12
been made in relation to the worker's latent onset injury-- 13
(a) a weekly payment of compensation; 14
(b) a redemption payment; 15
(c) a payment of lump sum compensation; 16
(d) a payment of compensation or damages under a law of 17
Queensland, another State or of the Commonwealth. 18
`(2) The amount of compensation payable under section 19
128B(2)(a) must be reduced by the total of all payments 20
mentioned in subsection (1).'. 21
Clause 17 Amendment of s 140 (Maximum entitlement) 22
(1) Section 140(1), after `event'-- 23
insert-- 24
`, other than for a latent onset injury that is a terminal 25
condition,'. 26
(2) Section 140(1)(a), `$174625'-- 27
omit, insert-- 28
`$200000'. 29
(3) Section 140(1)(b), `$174625'-- 30
s 18 26 s 20
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
omit, insert-- 1
`$200000'. 2
(4) After section 140(1)-- 3
insert-- 4
5
`Note--
6
For the entitlement to compensation of a worker who has sustained a
7
latent onset injury that is a terminal condition, see chapter 3, division
8
5.'.
Clause 18 Amendment of s 150 (Total incapacity--workers whose 9
employment is governed by an industrial instrument) 10
Section 150(1)(b) and (c), `39 weeks'-- 11
omit, insert-- 12
`52 weeks'. 13
Clause 19 Amendment of s 151 (Total incapacity--workers whose 14
employment is not governed by industrial instrument) 15
(1) Section 151(1)(a)(ii), `70%'-- 16
omit, insert-- 17
`80%'. 18
(2) Section 151(b) and (c), `39 weeks'-- 19
omit, insert-- 20
`52 weeks'. 21
(3) Section 151(1)(b)(ii), `65%'-- 22
omit, insert-- 23
`70%'. 24
Clause 20 Amendment of s 152 (Total incapacity--certain contract 25
workers) 26
(1) Section 152(1)(b) and (c), `39 weeks'-- 27
omit, insert-- 28
s 21 27 s 23
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
`52 weeks'. 1
(2) Section 152(1)(b)(ii), `65%'-- 2
omit, insert-- 3
`70%'. 4
Clause 21 Amendment of s 157 (Total incapacity) 5
(1) Section 157(5)(a)(i) and (6)(b), `70%'-- 6
omit, insert-- 7
`80%'. 8
(2) Section 157(5)(b) and (c), `39 weeks'-- 9
omit, insert-- 10
`52 weeks'. 11
(3) Section 157(5)(b)(i), `65%'-- 12
omit, insert-- 13
`70%'. 14
Clause 22 Amendment of s 159 (Total incapacity) 15
(1) Section 159(1)(b) and (c), `39 weeks'-- 16
omit, insert-- 17
`52 weeks'. 18
(2) Section 159(1)(b)(i)(B), `65%'-- 19
omit, insert-- 20
`70%'. 21
Clause 23 Amendment of s 192 (Additional lump sum compensation 22
for certain workers) 23
Section 192(2), `$174625'-- 24
omit, insert-- 25
`$182620'. 26
s 24 28 s 26
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
Clause 24 Amendment of s 193 (Additional lump sum compensation 1
for gratuitous care) 2
Section 193(6), `$216635'-- 3
omit, insert-- 4
`$226555'. 5
Clause 25 Amendment of s 200 (Total dependency) 6
(1) Section 200(2)(a), `$300000'-- 7
omit, insert-- 8
`$374625'. 9
(2) Section 200(2)(b), `$10925'-- 10
omit, insert-- 11
`$20000'. 12
(3) Section 200(2)(c), `7%'-- 13
omit, insert-- 14
`10%'. 15
(4) Section 200(2)-- 16
insert-- 17
`(aa) if the worker has left a totally dependent spouse, for the 18
spouse--$10000; and 19
(ab) if the worker has left a totally dependent spouse and 20
dependent members of the worker's family who are 21
under 6, for the spouse--a weekly amount equal to 8% 22
of QOTE while a dependent member is under 6; and'. 23
Clause 26 Insertion of new s 201A 24
After section 201-- 25
insert-- 26
s 27 29 s 29
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
`201A Worker with non-dependent spouse, issue or next of 1
kin 2
`(1) This section applies if a worker left no dependants but is 3
survived by any of the following-- 4
(a) a spouse; 5
(b) issue within the meaning of the Succession Act 1981; 6
(c) next of kin within the meaning of the Succession Act 7
1981. 8
`(2) The amount of compensation payable to the worker's estate is 9
10% of the amount payable under section 200(2)(a).'. 10
Clause 27 Amendment of s 202 (Workers under 21) 11
Section 202(2) and (3)(a), `$16480'-- 12
omit, insert-- 13
`$22500'. 14
Clause 28 Amendment of s 205 (Variation of payments for injuries) 15
Section 205(1), before `part'-- 16
insert-- 17
`part 3, division 5 or'. 18
Clause 29 Amendment of s 220 (Insurer's responsibility for worker's 19
rehabilitation) 20
Section 220-- 21
insert-- 22
`(2) An insurer is responsible for coordinating the development 23
and maintenance of a rehabilitation and return to work plan in 24
consultation with the injured worker, the worker's employer 25
and treating registered persons.'. 26
s 30 30 s 31
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
Clause 30 Amendment of s 221 (Authority's responsibility for 1
rehabilitation) 2
(1) Section 221(b)-- 3
omit. 4
(2) Section 221(c)-- 5
renumber as section 221(b). 6
Clause 31 Amendment of s 226 (Employer's obligation to appoint 7
rehabilitation coordinator) 8
(1) Section 226, heading-- 9
omit, insert-- 10
`226 Employer's obligation to appoint rehabilitation and return 11
to work coordinator'. 12
(2) Section 226(1)-- 13
omit, insert-- 14
`(1) An employer must appoint a rehabilitation and return to work 15
coordinator if the employer meets criteria prescribed under a 16
regulation.'. 17
(3) Section 226(2)-- 18
omit, insert-- 19
`(2) The rehabilitation and return to work coordinator must be in 20
Queensland and be employed by the employer under a 21
contract (regardless of whether the contract is a contract of 22
service).'. 23
(4) Section 226(3) and (4)-- 24
omit, insert-- 25
`(3) The employer must, unless the employer has a reasonable 26
excuse, appoint the rehabilitation and return to work 27
coordinator-- 28
(a) within 6 months after-- 29
(i) establishing a workplace; or 30
(ii) starting to employ workers at a workplace; or 31
s 32 31 s 34
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
(b) within a later period approved by the Authority. 1
Maximum penalty--50 penalty units.'. 2
Clause 32 Amendment of s 227 (Employer's obligation to have 3
workplace rehabilitation policy and procedures) 4
(1) Section 227(1), from `employs'-- 5
omit, insert-- 6
`meets criteria prescribed under a regulation.'. 7
(2) Section 227(3)(a)(i) and (ii)-- 8
omit, insert-- 9
`(i) establishing a workplace; or 10
(ii) starting to employ workers at a workplace; or'. 11
Clause 33 Amendment of s 228 (Employer's obligation to assist or 12
provide rehabilitation) 13
Section 228(3), before `evidence'-- 14
insert-- 15
`written'. 16
Clause 34 Amendment of s 238 (Worker with terminal condition) 17
(1) Section 238(3)-- 18
renumber as section 238(4). 19
(2) Section 238-- 20
insert-- 21
`(3) Also, if a latent onset injury sustained by the worker is a 22
terminal condition, the following provisions of this chapter do 23
not apply to the worker-- 24
(a) section 250; 25
(b) section 251(4)(a); 26
(c) section 254(1)(c); 27
s 35 32 s 36
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
(d) section 255(4)(b); 1
(e) section 258(1)(b); 2
(f) section 259(4)(c).8'. 3
(3) Section 238(4), as renumbered, after `subsection (2)'-- 4
insert-- 5
`or (3)'. 6
Clause 35 Amendment of s 240 (Consequences, to costs, of seeking 7
damages) 8
(1) Section 240(2) and (3)-- 9
renumber as section 240(3) and (4). 10
(2) Section 240-- 11
insert-- 12
`(2) If the claimant is a worker and chapter 3, part 3, division 5 13
applies to the worker, part 12, division 1 applies in relation to 14
costs in the claimant's proceeding for damages.'. 15
Clause 36 Replacement of s 310 (Application of div 1) 16
Section 310-- 17
omit, insert-- 18
`310 Application of div 1 19
`This division applies only if the claimant is-- 20
(a) a worker, if the worker's WRI is 20% or more; or 21
(b) a worker, if a latent onset injury sustained by the worker 22
is a terminal condition; or 23
(c) a dependant.'. 24
8 Section 250 (Claimant may seek damages only after being assessed), 251 (Need for
urgent proceedings), 254 (Access to damages if application for compensation is
subject to review or appeal), 255 (Need for urgent proceedings), 258 (Access to
damages if claimant has not lodged application for compensation), 259 (Need for
urgent proceedings)
s 37 33 s 39
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
Clause 37 Amendment of s 453 (WorkCover's capital adequacy) 1
Section 453(2)-- 2
omit. 3
Clause 38 Amendment of s 458 (Reserves) 4
Section 458(2)-- 5
omit. 6
Clause 39 Replacement of ss 490497 7
Sections 490 to 497-- 8
omit, insert-- 9
`490 Object of ch 11 10
`The object of this chapter is to provide for an independent 11
system of medical review and assessment of-- 12
(a) injury and impairment sustained by workers or other 13
persons for which compensation is payable under this 14
Act; and 15
(b) other personal injury sustained by persons for which 16
payment of an amount is payable under an Act 17
prescribed under a regulation. 18
`491 Meaning of worker for ch 11 19
`For this chapter or a regulation made for this chapter, worker 20
includes-- 21
(a) a person to whom compensation is payable under this 22
Act for injury, including impairment or disfigurement; 23
and 24
(b) a person to whom an amount is payable for any personal 25
injury under an Act prescribed under a regulation. 26
27
Note--
28
This chapter deals with injury in terms of injury, impairment and
29
disfigurement.
s 40 34 s 41
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
`492 Medical assessment tribunals to be maintained 1
`There are to be maintained for this Act and other Acts 2
prescribed under a regulation the medical assessment tribunals 3
that are prescribed under a regulation. 4
`493 Panels for tribunals 5
`(1) The Governor in Council, by gazette notice, may appoint, for 6
a specified period of not more than 3 years, a panel of doctors 7
for designation to a tribunal. 8
`(2) Each appointee to a panel for a tribunal must be a specialist in 9
the speciality for which the appointment is made. 10
`(3) The Governor in Council, by gazette notice, may also 11
appoint-- 12
(a) an appointee to a panel for a tribunal to be chairperson 13
of the tribunal; and 14
(b) at least 2 appointees to a panel for a tribunal to be 15
deputy chairpersons of the tribunal. 16
`494 Composition and constitution of tribunals 17
`The composition and constitution of the medical assessment 18
tribunals are as prescribed under a regulation.'. 19
Clause 40 Insertion of new s 511A 20
After section 511-- 21
insert-- 22
`511A Who can attend tribunal 23
`Only the worker, or counsel, solicitor or agent nominated by 24
the worker may be present before the tribunal.'. 25
Clause 41 Amendment of s 542 (Applying for review) 26
(1) Section 542(1), after `or failure'-- 27
insert-- 28
s 42 35 s 44
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
`, unless subsection (4) applies'. 1
(2) Section 542(4)(c), after `reasons'-- 2
insert-- 3
`, regardless of whether the reasons addressed the matters 4
prescribed under a regulation'. 5
Clause 42 Amendment of s 544 (Decision-maker must give 6
information to Authority) 7
Section 544(1)(a)-- 8
insert-- 9
`(iii) if the Authority believes on reasonable grounds 10
that the reasons given by the decision-maker for 11
the decision-maker's decision have not addressed 12
the matters prescribed under a regulation for 13
section 540(4)--reasons for the decision that 14
address those matters; or'. 15
Clause 43 Amendment of s 546 (Notice of review decision) 16
After section 546(3)-- 17
insert-- 18
`(3AA) The reasons for the decision must address the matters 19
prescribed under a regulation.'. 20
Clause 44 Insertion of new s 552A 21
After section 552-- 22
insert-- 23
`552A Conference 24
`(1) If the appeal is to the industrial commission, the industrial 25
commission may, before the hearing of the matter, call a 26
conference of the parties. 27
`(2) The parties must attend the conference. 28
s 45 36 s 48
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
`552B Legal representation at appeal or conference 1
`A party may be represented by a lawyer at a conference 2
called under section 552A or at the hearing of an appeal, but 3
only with-- 4
(a) the agreement of the parties; or 5
(b) the appeal body's leave.'. 6
Clause 45 Amendment of s 553 (Application of Uniform Civil 7
Procedure Rules and Industrial Relations (Tribunals) 8
Rules) 9
Section 553(1), `, rules 96 to 98'-- 10
omit. 11
Clause 46 Amendment of s 567 (Application of div 2) 12
Section 567(f), `section 103' and footnote-- 13
omit, insert-- 14
`section 103 or 105J9'. 15
Clause 47 Amendment of s 579 (Summary proceedings for offences 16
other than against ch 8) 17
Section 579(1A), `WorkCover'-- 18
omit, insert-- 19
`an insurer'. 20
Clause 48 Amendment of s 625 (Appeals generally) 21
Section 625, `chapter 3, part 3, division 1,' and footnote-- 22
9 Section 103 (Return of bank guarantee or cash deposit after cancellation) or 105J
(Return of bank guarantee or cash deposit after cancellation)
s 49 37 s 49
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
omit, insert-- 1
`chapter 13, part 3, division 1, '. 10
2
Clause 49 Insertion of new ch 18 3
After section 626-- 4
insert-- 5
`Chapter 18 Transitional provisions for 6
Workers' Compensation 7
and Rehabilitation and 8
Other Acts Amendment Act 9
2005 10
`627 Definition for ch 18 11
`In this chapter-- 12
amending Act means the Workers' Compensation and 13
Rehabilitation and Other Acts Amendment Act 2005. 14
`628 Latent onset injuries that are terminal conditions 15
`The provisions of chapter 3, part 3, division 5 only apply if
11
16
a worker's application for compensation is lodged on or after 17
the commencement of this section. 18
`629 Maximum statutory compensation 19
`Section 140, as in force immediately before the
12
20
commencement of this section, continues to apply in relation 21
10 Chapter 13 (Reviews and appeals), part 3 (Appeals), division 1 (Appeal to industrial
magistrate, industrial commission or Industrial Court)
11 Chapter 3 (Compensation), part 3 (Compensation entitlements of particular
workers), division 5 (Workers with latent onset injuries that are terminal conditions)
12 Section 140 (Maximum entitlement)
s 49 38 s 49
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
to an injury sustained by a worker before the commencement 1
as if the amending Act had not been enacted. 2
`630 Weekly payment for total incapacity 3
`The provisions of chapter 3, part 9, division 4,13 as in force 4
immediately before the commencement of this section, 5
continue to apply in relation to an injury sustained by a 6
worker on or after the commencement as if the amending Act 7
had not been enacted. 8
`631 Compensation on worker's death 9
`The amendments of this Act made by sections 25 to 27 of the 10
amending Act apply only in relation to an injury sustained by 11
a worker that result in the death of a worker on or after the 12
commencement of this section. 13
`632 Appointment of rehabilitation and return to work 14
coordinator 15
`(1) This section applies if-- 16
(a) before the commencement of this section, an employer 17
did not have an obligation to appoint a rehabilitation and 18
return to work coordinator; and 19
(b) on the commencement of this section, the employer has 20
an obligation to appoint a rehabilitation and return to 21
work coordinator. 22
`(2) The employer must appoint a rehabilitation and return to work 23
coordinator on or before 1 July 2006. 24
`633 Existing rehabilitation coordinators 25
`A person who was a rehabilitation coordinator immediately 26
before the commencement of this section is taken to be a 27
13 Chapter 3 (Compensation), part 9 (Weekly payment of compensation), division 4
(Entitlement for total incapacity)
s 49 39 s 49
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
rehabilitation and return to work coordinator on the 1
commencement. 2
`634 Workplace rehabilitation policy and procedures 3
`(1) This section applies if-- 4
(a) before the commencement of this section, an employer 5
did not have an obligation to have workplace 6
rehabilitation policy and procedures; and 7
(b) on the commencement of this section, the employer has 8
an obligation to have workplace rehabilitation policy 9
and procedures. 10
`(2) The employer must have workplace rehabilitation policy and 11
procedures on 1 July 2006. 12
`635 Medical assessment tribunals 13
`(1) Each medical assessment tribunal in existence immediately 14
before the commencement of this section continues in 15
existence after the commencement as if it were established 16
under chapter 11. 17
`(2) Each appointment of a person to a medical assessment 18
tribunal that is in force immediately before the 19
commencement of this section continues after the 20
commencement. 21
`636 Application of Industrial Relations (Tribunals) Rules 22
`The amendment of this Act made by section 45 of the 23
amending Act applies only to an appeal started on or after the 24
commencement of this section. 25
`637 Incorrect reference in s 625 26
`It is declared that the reference to chapter 3, part 3, division 1 27
in section 625, as inserted by the Workers' Compensation and 28
Rehabilitation and Other Acts Amendment Act 2004 and 29
before its amendment by the amending Act, is taken always to 30
have been a reference to chapter 13, part 3, division 1.'. 31
s 50 40 s 51
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
Clause 50 Amendment of sch 2 (Who is a worker in particular 1
circumstances) 2
Schedule 2, part 2, section 1(d)-- 3
omit, insert-- 4
`(d) the Commonwealth or a Commonwealth authority.'. 5
Clause 51 Amendment of sch 6 (Dictionary) 6
(1) Schedule 6, definitions rehabilitation coordinator and 7
terminal condition-- 8
omit. 9
(2) Schedule 6-- 10
insert-- 11
`exit date, for a non-scheme employer, means the date on 12
which an employer becomes a non-scheme employer. 13
latent onset injury means an insidious disease. 14
non-scheme employer means an employer that-- 15
(a) on or after the commencement of the Workers' 16
Compensation and Rehabilitation and Other Acts 17
Amendment Act 2005, section 14, is granted a licence 18
under the Safety, Rehabilitation and Compensation Act 19
1988 (Cwlth), part VIII;14 and 20
(b) would, if the licence had not been granted, be required 21
to have the employer's liability provided for-- 22
(i) under a licence as a self-insurer under chapter 2, 23
part 4; or 24
(ii) under a WorkCover policy. 25
non-scheme member see section 105K. 26
rehabilitation and return to work coordinator see section 41. 27
14 Safety, Rehabilitation and Compensation Act 1988 (Cwlth), part VIII (Licences to
enable Commonwealth authorities and certain corporations to accept liability for,
and/or manage, claims)
s 52 41 s 54
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
rehabilitation and return to work plan means a written plan 1
outlining the rehabilitation objectives and the steps required to 2
achieve the objectives. 3
terminal condition see section 39A.'. 4
(3) Schedule 6, definition medical assessment tribunal-- 5
omit, insert-- 6
`medical assessment tribunal means a medical assessment 7
tribunal established under chapter 11.'. 8
Part 3 Amendment of Workplace 9
Health and Safety Act 1995 10
Clause 52 Act amended in pt 3 and sch 11
This part and the schedule amend the Workplace Health and 12
Safety Act 1995. 13
Clause 53 Omission of ss 5 and 6 14
Sections 5 and 6-- 15
omit. 16
Clause 54 Amendment of s 7 (Objective of Act) 17
(1) Section 7(1) and (2)-- 18
omit, insert-- 19
`(1) The objective of this Act is to prevent a person's death, injury 20
or illness being caused by a workplace, by a relevant 21
workplace area, by work activities, or by plant or substances 22
for use at a workplace. 23
24
Example of an illness caused by a workplace--
25
asthma caused by inhaling spray paint mist from a neighbouring
26
workplace
s 55 42 s 55
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
1
Example of an illness caused by a work activity--
2
carbon monoxide poisoning caused by a liquefied petroleum gas
3
operated forklift being used in a coldroom
4
Example of an illness caused by plant--
5
legionnaire's disease caused by inhaling legionella bacteria from the
6
contaminated cooling tower of an air conditioning unit
`(2) The objective is achieved by preventing or minimising a 7
person's exposure to the risk of death, injury or illness caused 8
by a workplace, by a relevant workplace area, by work 9
activities, or by plant or substances for use at a workplace.'. 10
(2) Section 7(3)(d)-- 11
omit, insert-- 12
`(d) providing for the development of accredited training 13
programs for delivery and assessment of competence 14
by-- 15
(i) accredited providers; and 16
(ii) registered training organisations as defined under 17
the Vocational Education, Training and 18
Employment Act 2000, section 14; and'. 19
(3) Section 7(3)-- 20
insert-- 21
`(g) providing for the collection of a workplace health and 22
safety contribution and for the collection of statistical 23
data for the purposes of workplace health and safety 24
regulation and related education and prevention 25
services.'. 26
Clause 55 Replacement of s 13 (Who is the principal contractor?) 27
Section 13-- 28
omit, insert-- 29
`13 Who is the principal contractor for construction work 30
`(1) The principal contractor for construction work is the person 31
appointed by the owner of the workplace, where the 32
s 56 43 s 56
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
construction work is to be performed, as the principal 1
contractor for the construction work under section 184A.15 2
`(2) If the owner does not appoint a principal contractor for the 3
construction work, the owner is taken to be the principal 4
contractor for the construction work.'. 5
Clause 56 Replacement of s 13 (Who is the principal contractor for 6
construction work) 7
Section 13-- 8
omit, insert-- 9
`12A Who is the client for construction work 10
`(1) The client for construction work is the person who 11
commissions the construction work and-- 12
(a) engages a project manager to plan and manage 13
construction work; or 14
(b) appoints a principal contractor to manage and perform 15
construction work. 16
`(2) Subsection (1) does not apply if-- 17
(a) the construction work is for a structure that is a class 1a 18
building; or 19
(b) the construction work is not a prescribed activity, and 20
the estimated final price for the construction work is 21
$80000 or less. 22
`12B Who is the project manager for construction work 23
`(1) The project manager for construction work is the person 24
engaged by the client to carry out the planning and 25
management of the construction work. 26
`(2) Subsection (1) does not apply if-- 27
(a) the construction work is for a structure that is a class 1a 28
building; or 29
15 Section 184A (Appointment of principal contractors)
s 57 44 s 57
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
(b) the construction work is not a prescribed activity, and 1
the estimated final price for the construction work is 2
$80000 or less. 3
`13 Who is the principal contractor for construction work 4
`(1) The principal contractor for construction work is the person 5
appointed by the client as the principal contractor for the 6
construction work under section 184A.16 7
`(2) If the client does not appoint a principal contractor for the 8
construction work, the client is taken to be the principal 9
contractor for the construction work. 10
`(3) If there is no client for the construction work, the person who 11
commissions the construction work is taken to be the principal 12
contractor for the construction work.'. 13
Clause 57 Replacement of ss 13A and 14 14
Sections 13A and 14-- 15
omit, insert-- 16
`14 What is construction work 17
`(1) Work is construction work if it is-- 18
(a) work to erect, construct, extend, alter, convert, fit-out, 19
commission, renovate, repair, refurbish, disassemble or 20
decommission a structure, or part of a structure; or 21
(b) work connected with site preparation, excavation and 22
landscaping for work mentioned in paragraph (a); or 23
(c) the assembly or installation of prefabricated components 24
to form a structure, or part of a structure, for work 25
mentioned in paragraph (a); or 26
(d) the disassembly of prefabricated components for work 27
mentioned in paragraph (a) that, immediately before the 28
disassembly, formed a structure or part or a structure; or 29
(e) an activity that is a prescribed activity. 30
16 Section 184A (Appointment of principal contractors)
s 58 45 s 60
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
`(2) Work is not construction work to the extent it is carried out at 1
a workplace, as part of a business or undertaking, if the work 2
is to erect or construct a structure that, when erected or 3
constructed, is intended to be transported to another place. 4
5
Example of what is not construction work--
6
construction of a manufactured home or prefabricated building
`(3) Construction work is taken to stop-- 7
(a) when the construction work at the workplace where the 8
construction work is being performed ends and 9
possession of the workplace is returned to the owner of 10
the workplace; or 11
(b) if the owner remains in possession of the workplace 12
where the construction work is being performed while 13
the work is performed--when the construction work at 14
the workplace ends.'. 15
Clause 58 Amendment of s 15A (Meaning of relevant workplace 16
area) 17
Section 15A, `building or other structure'-- 18
omit, insert-- 19
`place'. 20
Clause 59 Omission of s 17 (When is a self-employed person 21
performing work?) 22
Section 17-- 23
omit. 24
Clause 60 Replacement of s 22 (Ensuring workplace health and 25
safety) 26
Section 22-- 27
omit, insert-- 28
s 61 46 s 62
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
`22 Ensuring workplace health and safety 1
`Workplace health and safety is ensured when persons are free 2
from-- 3
(a) death, injury or illness caused by any workplace, 4
relevant workplace area, work activities, or plant or 5
substances for use at a workplace; and 6
(b) risk of death, injury or illness created by any workplace, 7
relevant workplace area, work activities, or plant or 8
substances for use at a workplace.'. 9
Clause 61 Amendment of s 23 (Obligations for workplace health and 10
safety) 11
Section 23(1)-- 12
omit, insert-- 13
`(1) The following persons have obligations under division 2 to 14
ensure workplace health and safety-- 15
· persons who conduct a business or undertaking, whether 16
as employers, self-employed persons or otherwise 17
· persons in control of workplaces 18
· principal contractors 19
· designers, manufacturers and suppliers of plant 20
· erectors and installers of plant 21
· owners of plant 22
· manufacturers and suppliers of substances 23
· designers of structures to be used as workplaces 24
· persons in control of relevant workplace areas 25
· persons in control of fixtures, fittings or plant included 26
in relevant workplace areas.'. 27
Clause 62 Replacement of s 23 (Obligations for workplace health 28
and safety) 29
Section 23-- 30
s 63 47 s 63
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
omit, insert-- 1
`23 Obligations for workplace health and safety 2
`(1) The following persons have obligations under division 2 to 3
ensure workplace health and safety-- 4
· persons who conduct a business or undertaking, whether 5
as employers, self-employed persons or otherwise 6
· persons in control of workplaces 7
· designers, manufacturers and suppliers of plant 8
· erectors and installers of plant 9
· owners of plant 10
· manufacturers and suppliers of substances 11
· persons in control of relevant workplace areas 12
· persons in control of fixtures, fittings or plant included 13
in relevant workplace areas. 14
`(2) In addition, the following persons have obligations under 15
division 2 to ensure workplace health and safety for 16
construction work-- 17
· clients 18
· designers of structures 19
· project managers 20
· principal contractors. 21
`(3) Designers of structures continue to have obligations under 22
section 30B to ensure workplace health and safety after the 23
structure has been constructed. 24
`(4) Workers and other persons at workplaces have obligations 25
under division 3 to ensure workplace health and safety.'. 26
Clause 63 Amendment of s 24 (Discharge of obligations) 27
Section 24-- 28
insert-- 29
s 64 48 s 66
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
`(3) If more than 1 person has a workplace health and safety 1
obligation for a matter, each person-- 2
(a) retains responsibility for the person's workplace health 3
and safety obligation for the matter; and 4
(b) must discharge the person's workplace health and safety 5
obligation to the extent the matter is within the person's 6
control; and 7
(c) must consult, and cooperate, with all other persons who 8
have a workplace health and safety obligation for the 9
matter.'. 10
Clause 64 Omission of s 24A (Charges for offences under s 24) 11
Section 24A-- 12
omit. 13
Clause 65 Amendment of s 26 (How obligations can be discharged 14
if regulation etc. made) 15
(1) Section 26(1) and (2), `may discharge'-- 16
omit, insert-- 17
`discharges'. 18
(2) Section 26(3)(b)-- 19
omit, insert-- 20
`(b) doing all of the following-- 21
(i) adopting and following another way that gives the 22
same level of protection against the risk; 23
(ii) taking reasonable precautions; 24
(iii) exercising proper diligence.'. 25
Clause 66 Amendment of s 27 (How obligations can be discharged 26
if no regulation etc. made) 27
Section 27(2) and (3)-- 28
omit, insert-- 29
s 67 49 s 67
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
`(2) A person discharges the person's workplace health and safety 1
obligation for exposure to the risk by doing both of the 2
following-- 3
(a) adopting and following any way to discharge the 4
person's workplace health and safety obligation for 5
exposure to the risk; 6
(b) taking reasonable precautions, and exercising proper 7
diligence, to ensure the obligation is discharged.'. 8
Clause 67 Insertion of new s 27A 9
Part 3, division 1, after section 27-- 10
insert-- 11
`27A Managing exposure to risks 12
`(1) To properly manage exposure to risks, a person must-- 13
(a) identify hazards; and 14
(b) assess risks that may result because of the hazards; and 15
(c) decide on appropriate control measures to prevent, or 16
minimise the level of, the risks; and 17
(d) implement control measures; and 18
(e) monitor and review the effectiveness of the measures. 19
`(2) To properly manage exposure to risks, a person should 20
consider the appropriateness of control measures in the 21
following order-- 22
(a) eliminating the hazard or preventing the risk; 23
(b) if eliminating the hazard or preventing the risk is not 24
possible, minimising the risk by measures that must be 25
considered in the following order-- 26
(i) substituting the hazard giving rise to the risk with a 27
hazard giving rise to a lesser risk; 28
(ii) isolating the hazard giving rise to the risk from 29
anyone who may be at risk; 30
(iii) minimising the risk by engineering means; 31
s 68 50 s 68
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
(iv) applying administrative measures; 1
(v) using personal protective equipment. 2
3
Examples of subparagraph (iii)--
4
redesigning work, plant, equipment, components or
5
premises
6
Examples of subparagraph (iv)--
7
training, reasonable hours of work
`(3) However, this Act also specifies particular ways in which 8
workplace health and safety must be ensured in particular 9
circumstances. 10
`(4) Compliance with subsection (1) does not excuse a person 11
from an obligation to ensure workplace health and safety or a 12
particular obligation imposed on the person under this Act.'. 13
Clause 68 Replacement of ss 2829B 14
Sections 28 to 29B-- 15
omit, insert-- 16
`28 Obligations of persons conducting business or 17
undertaking 18
`(1) A person (the relevant person) who conducts a business or 19
undertaking has an obligation to ensure the workplace health 20
and safety of the person, each of the person's workers and any 21
other persons is not affected by the conduct of the relevant 22
person's business or undertaking. 23
`(2) The obligation is discharged if the person, each of the person's 24
workers and any other persons are not exposed to risks to their 25
health and safety arising out of the conduct of the relevant 26
person's business or undertaking. 27
`(3) The obligation applies-- 28
(a) whether or not the relevant person conducts the business 29
or undertaking as an employer, self-employed person or 30
otherwise; and 31
s 69 51 s 69
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
(b) whether or not the business or undertaking is conducted 1
for gain or reward; and 2
(c) whether or not a person works on a voluntary basis. 3
`29 What obligations under s 28 include 4
`Without limiting section 28, discharging an obligation under 5
the section includes, having regard to the circumstances of 6
any particular case, doing all of the following-- 7
(a) providing and maintaining a safe and healthy work 8
environment; 9
(b) providing and maintaining safe plant; 10
(c) ensuring the safe use, handling, storage and transport of 11
substances; 12
(d) ensuring safe systems of work; 13
(e) providing information, instruction, training and 14
supervision to ensure health and safety.'. 15
Clause 69 Amendment of s 31 (Obligations of principal contractors) 16
(1) Section 31(1), `for a construction workplace'-- 17
omit. 18
(2) Section 31(1)(a), `construction'-- 19
omit. 20
(3) Section 31(1)(a)(ii)-- 21
omit, insert-- 22
`(ii) to help any other person at the workplace to 23
discharge the person's workplace health and safety 24
obligations;'. 25
(4) Section 31(2) and (3)-- 26
omit, insert-- 27
`(2) In addition, the principal contractor has the obligation 28
mentioned in subsection (3) if the principal contractor 29
reasonably believes, or should reasonably believe, that a 30
s 70 52 s 70
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
person at the workplace is not discharging the person's 1
workplace health and safety obligation. 2
`(3) The principal contractor must-- 3
(a) direct the person to comply with the person's workplace 4
health and safety obligation; and 5
(b) if the person fails to comply with the direction--ensure 6
the person stops work until the person complies with the 7
obligation.'. 8
Clause 70 Replacement of s 31 (Obligations of principal 9
contractors) 10
Section 31-- 11
omit, insert-- 12
`30A Obligations of clients 13
`(1) A client has an obligation to consult with-- 14
(a) if a designer designed a structure that is, or is part of, 15
construction work--the designer about how the 16
construction work in connection with the design can be 17
undertaken in a way that prevents or minimises all risks 18
to health and safety; and 19
(b) if there is a project manager for the construction 20
work--the project manager about how the construction 21
work can be planned and managed in a way that 22
prevents or minimises all risks to health and safety; and 23
(c) if there is a principal contractor for the construction 24
work--the principal contractor about how the 25
construction work can be undertaken in a way that 26
prevents or minimises all risks to health and safety. 27
`(2) If the client is aware of any information about hazards and 28
risks relating to the site at which the construction work is to be 29
undertaken, the client must give this information to the 30
designer, project manager or principal contractor. 31
32
Examples of hazards and risks relating to a site--
33
overhead power lines
34
access and egress
s 70 53 s 70
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
1
underground services
2
adjoining neighbours
3
asbestos
`30B Obligations of designers of structures 4
`(1) A designer of a structure has an obligation to ensure the 5
design of the structure does not affect the workplace health 6
and safety of persons-- 7
(a) during construction of the structure; and 8
(b) when the structure has been constructed and is being 9
used for the purpose for which it was designed. 10
11
Examples of persons to whom obligations are owed--
12
· persons involved in the construction of the structure
13
· persons who work in the structure after it has been constructed
14
· persons who maintain or repair the structure or any fixtures, fittings
15
or plant in, or forming part of the structure
`(2) The obligation is discharged if persons are not exposed to 16
risks to their health or safety arising out of the design. 17
18
Examples of matters that might be considered in discharging a designer's
19
obligation under this section--
20
· availability of anchorage points for window cleaners
21
· adequacy of ventilation
22
· adequacy of lighting in plant rooms
23
· ease of access to the building for maintenance purposes
24
· provision for maintenance and servicing of airconditioning units
25
· adequacy of trafficable surfaces
`(3) Without limiting the designer's obligation under subsection 26
(1), the designer must give the client a written report on the 27
health and safety aspects of the design before construction 28
work starts. 29
`(4) For deciding, after the structure has been designed, whether 30
the designer discharged the designer's workplace health and 31
safety obligation under subsection (1), regard must be had to 32
s 70 54 s 70
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
the standards of design prevailing when the designer designed 1
the structure. 2
`(5) The designer's obligation under subsection (1) applies only to 3
the extent that the content of the design of the structure falls 4
under the control of the designer. 5
`(6) In this section-- 6
structure does not include a structure that is a class 1a 7
building. 8
`30C Obligations of project managers 9
`(1) A project manager has an obligation to ensure construction 10
work is planned and managed in a way that prevents or 11
minimises risks to the health and safety of-- 12
(a) all persons undertaking the construction work; and 13
(b) persons at or near the workplace during the construction 14
work. 15
`(2) Without limiting the project manager's obligation under 16
subsection (1), the project manager must give the client a 17
written report on the health and safety aspects of the 18
construction work before the construction work starts. 19
`31 Obligations of principal contractors 20
`(1) A principal contractor has an obligation to ensure the 21
workplace health and safety of persons arising from-- 22
(a) a hazard at the workplace for which no other person 23
owes a workplace health and safety obligation; and 24
(b) anything that has been provided for the general use of 25
persons at the workplace. 26
`(2) Without limiting the principal contractor's obligation under 27
subsection (1), the principal contractor must-- 28
(a) coordinate, supervise and oversee construction work in a 29
way that prevents or minimises risks to the health and 30
safety of persons at or near the workplace during the 31
work; and 32
s 71 55 s 71
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
(b) consult with each of the following persons who are 1
involved in the construction work in relation to 2
identifying hazards associated with the construction 3
work and assessing risks that may result because of the 4
hazards-- 5
· the designer; 6
· the project manager; 7
· any other relevant person; and 8
(c) notify another person of any matter of which the 9
principal contractor is aware, or should reasonably be 10
aware, that may affect the capacity of that person to 11
comply with the person's obligations under this Act; and 12
(d) provide safeguards and take safety measures prescribed 13
under a regulation made for principal contractors. 14
`(3) In addition, the principal contractor has the obligation 15
mentioned in subsection (4) if the principal contractor 16
reasonably believes, or should reasonably believe, that a 17
person at the workplace is not discharging the person's 18
workplace health and safety obligation. 19
`(4) The principal contractor must-- 20
(a) direct the person to comply with the person's workplace 21
health and safety obligation; and 22
(b) if the person fails to comply with the direction--ensure 23
the person stops work until the person complies with the 24
obligation.17'. 25
Clause 71 Amendment of s 34B (Obligation of designer of building 26
or other structure used as a workplace) 27
(1) Section 34B, heading-- 28
omit, insert-- 29
17 See section 36(a) (Obligations of workers and other persons at a workplace) for the
obligation to comply with the instructions given for workplace health and safety at
the workplace by the principal contractor.
s 72 56 s 75
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
`34B Obligations of designers of structures used as 1
workplaces'. 2
(2) Section 34B(1), (2), (3) and (4), `building or other'-- 3
omit. 4
Clause 72 Omission of s 34B (Obligation of designer of building or 5
other structure used as a workplace) 6
Section 34B-- 7
omit. 8
Clause 73 Replacement of s 35 (Obligations of owners of specified 9
high risk plant) 10
Section 35-- 11
omit, insert-- 12
`35 Obligations of owners of plant 13
`An owner of plant has an obligation to ensure the plant is 14
maintained in a condition that ensures the plant is safe, and 15
without risk to health, when used properly.'. 16
Clause 74 Amendment of s 36 (Obligations of workers and other 17
persons at a workplace) 18
Section 36(a)-- 19
omit, insert-- 20
`(a) to comply with the instructions given for workplace 21
health and safety at the workplace by the employer at 22
the workplace and any principal contractor for 23
construction work at the workplace;'. 24
Clause 75 Amendment of s 38 (Regulations) 25
Section 38(5) to (7)-- 26
omit, insert-- 27
`(5) A regulation may prescribe fees payable under this Act 28
including fees for the following-- 29
s 76 57 s 78
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
(a) notification of building and construction work; 1
(b) registrations, including registrations for registrable plant 2
and registrable plant designs; 3
(c) certifications, including certifications for prescribed 4
occupations; 5
(d) appointments, including appointments as accredited 6
providers.'. 7
Clause 76 Amendment of s 42C (Ministerial notices in urgent 8
circumstances) 9
(1) Section 42C(1)(a)(i)-- 10
omit, insert-- 11
`(i) at or near a workplace or relevant workplace area 12
because of a work activity, or plant or substance for 13
use at a workplace; or'. 14
(2) Section 42C(1)(b)-- 15
omit, insert-- 16
`(b) because of the situation, there is or is likely to be, a risk 17
of-- 18
(i) serious bodily injury; or 19
(ii) work caused illness; or 20
(iii) a dangerous event happening.'. 21
Clause 77 Amendment of s 87 (Membership of committee) 22
Section 87(2)(b)-- 23
omit, insert-- 24
`(b) other members negotiated by the employer, any 25
principal contractor, and workers at the workplace.'. 26
Clause 78 Amendment of s 94 (Appointment of workplace health 27
and safety officer by principal contractor) 28
(1) Section 94(1)(a)-- 29
s 79 58 s 80
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
omit, insert-- 1
`(a) if 30 or more persons work at the workplace during any 2
24 hour period; or'. 3
(2) Section 94(4), `construction'-- 4
omit. 5
Clause 79 Amendment of s 96 (Functions of workplace health and 6
safety officers) 7
(1) Section 96(c), after `report'-- 8
insert-- 9
`in writing'. 10
(2) Section 96(e), after `assist'-- 11
insert-- 12
`in'. 13
Clause 80 Replacement of s 97 (Employer and principal contractor 14
to help workplace health and safety officer etc.) 15
Section 97-- 16
omit, insert-- 17
`97 Employer and principal contractor to help workplace 18
health and safety officer etc. 19
`(1) An employer or principal contractor must do each of the 20
following-- 21
(a) provide information in the employer's or principal 22
contractor's possession about risks to the workplace 23
health and safety of workers and other persons from 24
workplaces, relevant workplace areas, workplace 25
activities, or plant or substances for use at a workplace 26
to the workplace health and safety officer; 27
(b) include the workplace health and safety officer at any 28
interview about workplace health and safety between 29
the employer and a worker, if the worker agrees; 30
s 81 59 s 81
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
(c) consult the workplace health and safety officer on any 1
proposed change to the workplace that affects, or may 2
affect, workplace health and safety at the workplace; 3
(d) help the workplace health and safety officer to seek 4
appropriate advice on issues that affect, or may affect, 5
workplace health and safety at the workplace; 6
(e) allow the workplace health and safety officer to conduct 7
workplace inspections and assessments during normal 8
working hours; 9
(f) provide resources to the workplace health and safety 10
officer to allow the officer to properly exercise the 11
officer's functions under this Act; 12
(g) take appropriate action to rectify any identified unsafe 13
workplace health and safety conditions and practices; 14
(h) take all reasonable steps to ensure the workplace health 15
and safety officer performs the person's function under 16
section 96A; 17
(i) keep anything given to the employer or principal 18
contractor by the workplace health and safety officer 19
under section 96(c) or 96A(4) for 5 years after it is 20
given. 21
Maximum penalty--10 penalty units. 22
`(2) An employer or principal contractor may instruct the 23
workplace health and safety officer on action to be taken to 24
ensure workplace health and safety at the workplace.'. 25
Clause 81 Amendment of s 104 (Entry to places) 26
(1) Section 104(1)-- 27
omit, insert-- 28
`(1) An inspector may enter a place only if-- 29
(a) it is a workplace or a relevant workplace area; or 30
(b) the inspector reasonably suspects it is a workplace or a 31
relevant workplace area; or 32
s 82 60 s 83
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
(c) for a workplace or relevant workplace area, or suspected 1
workplace or relevant workplace area, on or near 2
domestic premises--the entry is to land around the 3
premises to gain access to the workplace or relevant 4
workplace area or suspected workplace or relevant 5
workplace area; or 6
(d) its occupier consents to the entry; or 7
(e) specified high risk plant is situated at the place; or 8
(f) a prescribed activity is being performed at the place by a 9
person who holds a certificate to perform the activity; or 10
(g) the entry is authorised by a warrant.'. 11
(2) Section 104(3), (4) and (5), after `workplace'-- 12
insert-- 13
`or relevant workplace area'. 14
Clause 82 Amendment of s 108 (General powers after entering 15
places) 16
(1) Section 108(1A), after `workplace'-- 17
insert-- 18
`or relevant workplace area'. 19
(2) Section 108(3)(e)(i) and (ii), `a workplace'-- 20
omit, insert-- 21
`the place'. 22
Clause 83 Replacement of s 110 (Inspector's power to seize 23
dangerous places and things) 24
Section 110-- 25
omit, insert-- 26
`110 Inspector's power to seize dangerous places and 27
things 28
`(1) This section applies if an inspector who enters a place under 29
this division reasonably believes that-- 30
s 84 61 s 84
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
(a) a workplace or part of a workplace at the place; or 1
(b) a relevant workplace area, or part of a relevant 2
workplace area, at the place; or 3
(c) plant at the place; or 4
(d) a substance at a workplace or relevant workplace area at 5
the place; 6
is defective or hazardous to a degree likely to cause serious 7
bodily injury, work caused illness or a dangerous event 8
happening. 9
`(2) The inspector may seize the place, the workplace or part, the 10
relevant workplace area or part, the plant at the place, or the 11
substance at the workplace or relevant workplace area.'. 12
Clause 84 Amendment of s 122 (Power to require production of 13
certain documents) 14
(1) Section 122(1)-- 15
omit, insert-- 16
`(1) To monitor or enforce compliance with this Act, an inspector 17
may require a person to make available for inspection by an 18
inspector, or produce to the inspector for inspection, at a 19
reasonable time and place stated by the inspector-- 20
(a) a document issued to the person under this Act or 21
required to be kept by the person under this Act; or 22
(b) a document, including a contract, about work 23
undertaken or being undertaken by the person relating to 24
workplaces, relevant workplace areas, work activities, or 25
plant or substances for use at a workplace.'. 26
(2) Section 122(2), `employer, person, contractor or owner'-- 27
omit, insert-- 28
`person'. 29
(3) Section 122(3), `subsection (1)(b)'-- 30
omit, insert-- 31
`subsection (1)'. 32
s 85 62 s 86
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
(4) Section 122(7), from `employer' to `owner'-- 1
omit, insert-- 2
`person'. 3
Clause 85 Amendment of s 147A (Definitions for pt 11) 4
Section 147A, definition original decision-- 5
omit, insert-- 6
`original decision-- 7
(a) for division 1--means a decision of an inspector; and 8
(b) for division 2--means a decision of the chief 9
executive.'. 10
Clause 86 Insertion of new pt 14, div 1B 11
After section 182A-- 12
insert-- 13
`Division 1B Workplace health and safety 14
contributions 15
`182B Purpose of div 1B 16
`The purpose of this division is to establish funding support 17
for activities of the department for the provision of workplace 18
health and safety regulation and related education and 19
prevention services by providing for a workplace health and 20
safety contribution to be paid by particular employers. 21
`182C Definition for div 1B 22
`In this division-- 23
non-scheme employer see the Workers' Compensation and 24
Rehabilitation Act 2003, schedule 6. 25
s 86 63 s 86
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
`182D Workplace health and safety contribution to be paid 1
`Each non-scheme employer must pay to the chief executive a 2
workplace health and safety contribution for each financial 3
year. 4
`182E Workplace health and safety contribution notice 5
`(1) A non-scheme employer must pay its workplace health and 6
safety contribution for a financial year in accordance with the 7
requirements of a notice (workplace health and safety 8
contribution notice) the chief executive gives to the 9
non-scheme employer. 10
`(2) A workplace health and safety contribution notice must state 11
the following-- 12
(a) the financial year the notice relates to; 13
(b) the total amount of the workplace health and safety 14
contribution payable by the non-scheme employer for 15
the financial year; 16
(c) the calculations used to work out the workplace health 17
and safety contribution payable by the non-scheme 18
employer for the financial year; 19
(d) the amount of any instalment of the workplace health 20
and safety contribution currently payable by the 21
non-scheme employer and the date by which the 22
instalment must be paid. 23
`(3) Before the financial year starts, the chief executive must, for 24
each financial year-- 25
(a) work out the amount of the workplace health and safety 26
contribution payable by each non-scheme employer for 27
the financial year; and 28
(b) give each non-scheme employer its first workplace 29
health and safety contribution notice for the financial 30
year. 31
`(4) The date by which an instalment must be paid, other than an 32
overdue instalment, must not be earlier than the later of the 33
following-- 34
s 86 64 s 86
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
(a) the start of the part of the financial year to which the 1
instalment relates; 2
(b) 14 days after the non-scheme employer receives the 3
workplace health and safety contribution notice advising 4
that payment of the instalment is required. 5
`182F Working out workplace health and safety 6
contribution amounts 7
`(1) A regulation may prescribe all things necessary or convenient 8
for establishing and operating arrangements for the payment 9
of workplace health and safety contributions. 10
`(2) Without limiting subsection (1), a regulation may provide for 11
any of the following-- 12
(a) requirements for working out the amount of the 13
workplace health and safety contribution payable by 14
each non-scheme employer for a financial year; 15
(b) payment of workplace health and safety contributions 16
by instalments; 17
(c) payment of a proportion of the amount of a workplace 18
health and safety contribution in circumstances, 19
identified in the regulation, in which it is not appropriate 20
for a non-scheme employer to have to pay an amount for 21
a full financial year; 22
(d) adjustment of the amount of a workplace health and 23
safety contribution to take account of significant change 24
in the circumstances on which the working out of 25
workplace health and safety contributions was based. 26
`(3) The size of a non-scheme employer's workplace health and 27
safety contribution must be based on the number of workers 28
of the non-scheme employer in Queensland. 29
`(4) For this section, the Commissioner of State Revenue 30
appointed under the Taxation Administration Act 2001 may 31
disclose to the chief executive any information the 32
commissioner has about anything under the Pay-roll Tax Act 33
1971 if the commissioner is satisfied the disclosure is 34
necessary to verify the correctness of information obtained by 35
s 87 65 s 87
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
the chief executive from a non-scheme employer under this 1
section. 2
`(5) Subsections (1) and (2) do not limit the power to make 3
regulations under this Act. 4
`182G Confidentiality of information obtained from 5
Commissioner of State Revenue 6
`(1) This section applies if the Commissioner of State Revenue 7
discloses information to the chief executive under section 8
182F(4). 9
`(2) An official (the first official) must not disclose the 10
information to any one else unless the disclosure is made in 11
the performance of the first official's functions under this 12
Act-- 13
(a) to another official for the performance of that official's 14
functions under this Act; or 15
(b) in a proceeding for a prosecution for an offence against 16
this Act. 17
Maximum penalty--100 penalty units. 18
`(3) In this section-- 19
official means-- 20
(a) the chief executive; or 21
(b) a person involved in the administration of this Act; or 22
(c) a person who has been an official.'. 23
Clause 87 Replacement of s 184A (Appointment of principal 24
contractors) 25
Section 184A-- 26
omit, insert-- 27
`184A Appointment of principal contractors 28
`(1) This section applies if construction work is to be performed at 29
a workplace and the construction work-- 30
(a) is a prescribed activity; or 31
s 88 66 s 88
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
(b) if the construction work is not a prescribed activity-- 1
the estimated final price for the construction work is 2
more than $80000. 3
`(2) The owner of the workplace where the construction work is to 4
be performed must appoint a principal contractor for the 5
construction work. 6
Maximum penalty--10 penalty units. 7
`(3) The owner must-- 8
(a) appoint the principal contractor by using the approved 9
form; and 10
(b) give a copy of the appointment to the principal 11
contractor and the chief executive no later than 10 days 12
before the construction work starts. 13
Maximum penalty--10 penalty units. 14
`(4) The owner must ensure there is only 1 principal contractor 15
appointed for the construction work at any particular time, 16
unless the owner has the chief executive's written approval to 17
appoint more than 1 principal contractor for the work. 18
Maximum penalty--10 penalty units. 19
`(5) If the owner, without the chief executive's written approval, 20
has in place, or purports to have in place, 2 or more principal 21
contractors for the construction work at the one time-- 22
(a) all principal contractor appointments end; and 23
(b) the owner is taken to be the principal contractor for the 24
work until another principal contractor appointment is 25
made. 26
`(6) The ending of principal contractor appointments because of 27
subsection (5) does not affect an owner's liability for an 28
offence against subsection (4).'. 29
Clause 88 Amendment of s 184A (Appointment of principal 30
contractors) 31
(1) Section 184A(1), `construction work is to be performed at a 32
workplace'-- 33
s 89 67 s 89
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
omit, insert-- 1
`a client commissions construction work'. 2
(2) Section 184A(2), from `owner' to `performed'-- 3
omit, insert-- 4
`client'. 5
(3) Section 184A(3) to (5), `owner'-- 6
omit, insert-- 7
`client'. 8
(4) Section 184A(6), `an owner's'-- 9
omit, insert-- 10
`a client's'. 11
Clause 89 Insertion of new ss 185A and 185B 12
After section 185-- 13
insert-- 14
`185A Powers of chief executive to require production of 15
particular documents 16
`(1) The chief executive may require a person to make available 17
for inspection by the chief executive, or produce to the chief 18
executive for inspection, at a reasonable time and place 19
nominated by the chief executive-- 20
(a) a document issued to the person under this Act or 21
required to be kept by the person under this Act; or 22
(b) a document, including a contract, about work 23
undertaken or being undertaken by the person relating to 24
workplaces, relevant workplace areas, work activities, or 25
plant or substances for use at a workplace. 26
`(2) The person must comply with a requirement under subsection 27
(1), unless the person has a reasonable excuse for not 28
complying. 29
Maximum penalty--10 penalty units. 30
s 89 68 s 89
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
`(3) If the person is an individual, it is a reasonable excuse for the 1
person not to comply with the requirement under subsection 2
(1) if complying with the requirement might tend to 3
incriminate the person. 4
`(4) The chief executive may keep the document to copy it. 5
`(5) If the chief executive copies the document, or an entry in the 6
document, the chief executive may require the person 7
responsible for keeping the document to certify the copy as a 8
true copy of the document or entry. 9
`(6) The person responsible for keeping the document must 10
comply with the requirement, unless the person has a 11
reasonable excuse for not complying. 12
Maximum penalty--10 penalty units. 13
`(7) The chief executive must return the document to the person as 14
soon as practicable after copying it. 15
`185B Chief executive may require information from 16
employers 17
`(1) The chief executive may ask an employer to disclose to the 18
chief executive in the approved form, statistical or other 19
information relating to its activities as an employer or a 20
workplace health and safety matter. 21
`(2) An employer must comply with the request, unless the 22
employer has a reasonable excuse for not complying. 23
Maximum penalty for subsection (2)--10 penalty units. 24
`185C Confidentiality of particular information 25
`(1) This section applies if a person makes available for 26
inspection, or produces for inspection, a document (including 27
a contract) because of a requirement made under section 122 28
or 185A. 29
`(2) An official must not disclose to any one else information from 30
the document acquired in the performance of the official's 31
functions under this Act unless the disclosure is-- 32
(a) made with the person's consent; or 33
s 90 69 s 90
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
(b) for the administration of this Act; or 1
(c) in a proceeding before a court or a board of inquiry in 2
which the information is relevant to the issue before the 3
court or board. 4
Maximum penalty--100 penalty units. 5
`(3) In this section-- 6
official means-- 7
(a) the chief executive; or 8
(b) an inspector; or 9
(c) a person involved in the administration of this Act; or 10
(d) a person who has been an official.'. 11
Clause 90 Insertion of new pt 17, div 3 and sch 1 12
After section 191-- 13
insert-- 14
`Division 3 Transitional provision for Workers' 15
Compensation and Rehabilitation 16
and Other Acts Amendment Act 17
2005 18
`192 Prosecution for offence against s 24 19
`Sections 24A and 28 to 29B18 of the Act, as in force 20
immediately before the commencement of this section, 21
continue to apply to a prosecution for an offence that was 22
committed before the commencement. 23
18 Sections 24A (Charges for offences under s 24), 28 (Obligations of employers), 29
(Obligations of self-employed persons), 29A (Obligations of persons conducting
business orundertaking) and 29B(What obligations under ss 2829A may include)of
the Act
s 90 70 s 90
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
`Schedule 1 Prescribed activities 1
schedule 3, definition prescribed activity 2
1 Prescribed activities--demolition work 3
(1) Demolition work is a prescribed activity if the structure the 4
subject of the demolition or dismantling contains 5
pre-tensioned or post-tensioned structural components. 6
(2) Demolition work is a prescribed activity if the demolition or 7
dismantling of the structure involves the use of-- 8
(a) load shifting equipment; or 9
10
Examples of load shifting equipment for paragraph (a)--
11
combination front-end loader and backhoe, skid steer loader,
12
excavator, crane
(b) explosives or another induced collapse method. 13
(3) All other demolition work is a prescribed activity unless the 14
structure the subject of the demolition or dismantling is-- 15
(a) a domestic house; or 16
(b) a structure built as, and still having generally the 17
characteristics of, a domestic house; or 18
19
Example of building or other structure for paragraph (b)--
20
a domestic house converted to flats or an office
(c) a structure that is ancillary to-- 21
(i) a domestic house; or 22
(ii) a structure mentioned in paragraph (b). 23
24
Example of ancillary building or other structure for paragraph
25
(c)--
26
a carport or garage
2 Prescribed activities--asbestos removal work 27
Asbestos removal work is a prescribed activity.'. 28
s 91 71 s 91
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
Clause 91 Amendment of sch 3 (Dictionary) 1
(1) Schedule 3, definitions building work, civil construction work, 2
construction work, construction workplace, demolition work, 3
owner and principal contractor-- 4
omit. 5
(2) Schedule 3-- 6
insert-- 7
`accredited provider see part 14, division 1. 8
asbestos means the fibrous form of the mineral silicates 9
belonging to the serpentine and amphibole groups of 10
rock-forming minerals and includes-- 11
(a) actinolite, amosite (brown asbestos), anthophyllite, 12
crocidolite (blue asbestos), chrysotile (white asbestos), 13
tremolite; and 14
(b) any mixture containing 1 or more of the minerals 15
mentioned in paragraph (a). 16
asbestos materials means installed thermal or acoustic 17
insulation materials comprising or containing asbestos. 18
asbestos removal work means work to remove asbestos 19
materials other than work to remove asbestos materials that is 20
done entirely in a containment device. 21
construction work see section 14. 22
containment device means a device that-- 23
(a) is used for the removal of asbestos materials; and 24
(b) when in use, prevents the release of airborne asbestos 25
fibres outside the device. 26
demolition work means work to demolish or dismantle 27
systematically a structure, or part of a structure, but does not 28
include the systematic dismantling of-- 29
(a) a part of a structure for alteration, maintenance, 30
remodelling or repair; or 31
s 91 72 s 91
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
(b) formwork, falsework, scaffold or other construction 1
designed or used to provide support, access or 2
containment during construction work. 3
estimated final price, for construction work, means the 4
estimated final price at practical completion for the work, 5
including any GST payable in relation to the supply of the 6
work. 7
owner means a person who holds legal title to a thing, 8
structure or place, or part of a structure or place, and 9
includes-- 10
(a) a person who has control of a thing, structure or place; 11
and 12
(b) a person who manages a structure or place, or part of a 13
structure or place, as agent for-- 14
(i) a person who holds legal title to the structure or 15
place; or 16
(ii) a person mentioned in paragraph (a); and 17
(c) a person from whom a thing, structure or place, or part 18
of a structure or place, was seized, unless the chief 19
executive is aware of its actual owner; and 20
(d) a mortgagee in possession; and 21
(e) a lessee; and 22
(f) a licensee; and 23
(g) a trustee; and 24
(h) a company administrator, receiver, receiver and manager 25
or liquidator. 26
prescribed activity means an activity that is a prescribed 27
activity under schedule 1. 28
principal contractor, for construction work, see section 13. 29
structure means-- 30
(a) a building, a steel or reinforced concrete construction, 31
wall, mast, tower, pylon, structural cable or 32
telecommunications structure; or 33
s 91 73 s 91
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
(b) an underground works (including shafts and tunnels), 1
pipe, pipeline, sea defence works, river works, 2
earthworks or earth retaining construction or other 3
construction designed to preserve or alter a natural 4
feature; or 5
(c) a road or highway, footpath or driveway, railway line or 6
siding, tramway line, airfield, dock or harbour, water 7
storage or supply system (including a constructed 8
lagoon), sewerage or drainage system, electricity or gas 9
generation facility, transmission or distribution facility, 10
gasholder, park or recreation ground (including, for 11
example, a golf course, playing field, racecourse or 12
swimming pool); or 13
(d) production, storage or distribution facilities for heavy 14
industries; or 15
(e) fixed plant; or 16
(f) a ship or submarine; or 17
(g) formwork, falsework, scaffold or other construction 18
designed or used to provide support, access or 19
containment during construction work. 20
workplace health and safety contribution notice see section 21
182E.'. 22
(3) Schedule 3-- 23
insert-- 24
`BCA means the edition of the Building Code of Australia as 25
in force on 1 May 2004. 26
Building Code of Australia see the Building Act 1975, 27
schedule. 28
class 1A building means a building that, under the BCA, part 29
A3.2, is classified as a class 1a building. 30
client, for construction work, see section 12A. 31
project manager, for construction work, see section 12B.'. 32
(4) Schedule 3, definitions asbestos materials, asbestos removal 33
work and containment device-- 34
s 91 74 s 91
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
omit. 1
(5) Schedule 3-- 2
insert-- 3
`asbestos containing material means any material, object, 4
product or debris containing asbestos. 5
asbestos fibre means a fibre of asbestos having-- 6
(a) a diameter of less than 3µm;19 and 7
(b) a length more than 5µm; and 8
(c) a length to diameter ratio of more than 3:1. 9
asbestos removal work means work to remove friable 10
asbestos containing material. 11
bonded asbestos containing material means asbestos 12
containing material containing a bonding compound 13
reinforced with asbestos fibres. 14
15
Example--
16
Asbestos cement pipes and flat or corrugated asbestos cement sheets
17
consist of sand and cement reinforced with asbestos fibres.
friable asbestos containing material means unbonded 18
asbestos containing material that, when dry, is or may become 19
crumbled, pulverised or reduced to powder by hand pressure. 20
unbonded asbestos containing material means asbestos 21
containing material that does not contain a bonding compound 22
reinforced with asbestos fibres.'. 23
(6) Schedule 3, definition asbestos removal work-- 24
omit, insert-- 25
`asbestos removal work means work to remove-- 26
(a) friable asbestos containing material; or 27
(b) 10m2 or more of bonded asbestos containing material.'. 28
(7) Schedule 3, definition dangerous event, `caused by a work 29
activity'-- 30
19 µm is the symbol for micrometres.
s 92 75 s 95
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
omit, insert-- 1
`or relevant workplace area'. 2
(8) Schedule 3, definition dangerous event, paragraph (c)-- 3
omit, insert-- 4
`(c) collapse or partial collapse of any structure; or'. 5
(9) Schedule 3, definition workplace incident, paragraph (a)(ii)-- 6
omit, insert-- 7
`(ii) a work caused illness; or'. 8
Part 4 Amendment of Industrial 9
Relations Act 1999 10
Clause 92 Act amended in pt 4 11
This part amends the Industrial Relations Act 1999. 12
Clause 93 Amendment of s 93 (Dismissal of injured employees only 13
after 6 months) 14
Section 93, `6 months'-- 15
omit, insert-- 16
`12 months'. 17
Clause 94 Omission of s 95 (Reinstatement of injured employees) 18
Section 95-- 19
omit. 20
Clause 95 Amendment of s 267 (Commission's jurisdiction is 21
exclusive) 22
Section 267, `this Act or another Act'-- 23
s 96 76 s 96
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
omit, insert-- 1
`an Act'. 2
Clause 96 Insertion of new ch 20, pt 4 3
After section 737-- 4
insert-- 5
`Part 4 Transitional provision for 6
Workers' Compensation and 7
Rehabilitation and Other Acts 8
Amendment Act 2005 9
`738 Dismissal of injured employee 10
`Section 95, as in force immediately before the 11
commencement of this section, continues to apply to an 12
injured employee who is dismissed before the 13
commencement.'. 14
77
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
Schedule Minor amendments 1
sections 3 and 52 2
Workers' Compensation and Rehabilitation Act 2003 3
1 Section 5(3), `the Act'-- 4
omit, insert-- 5
`this Act'. 6
2 Chapter 1, part 4, division 6, heading-- 7
omit, insert-- 8
`Division 6 Injuries, impairment and terminal 9
condition'. 10
3 Section 31(5)-- 11
omit. 12
4 After section 39-- 13
insert-- 14
`Subdivision 5 Terminal condition'. 15
5 Section 41, `rehabilitation coordinator'-- 16
omit, insert-- 17
`rehabilitation and return to work coordinator'. 18
6 Section 92A, `(8)'-- 19
omit, insert-- 20
`(6)'. 21
78
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
Schedule (continued)
7 Section 101(2)(b) and 102(4)(b), `days of'-- 1
omit, insert-- 2
`days after'. 3
8 Section 109(4), `not a a self-insurer'-- 4
omit, insert-- 5
`not a self-insurer'. 6
9 Section 159(1)(b), `incapacity, the greater of the 7
following--' 8
omit, insert-- 9
`incapacity--'. 10
10 Section 159(1)(b)(i)(B), after `QOTE;'-- 11
insert-- 12
`or'. 13
11 Section 206(3), before `part'-- 14
insert-- 15
`part 3, division 5 or'. 16
12 Section 226(1) and (3) to (6), `rehabilitation coordinator'-- 17
omit, insert-- 18
`rehabilitation and return to work coordinator'. 19
13 Section 226(5), after `coordinator'-- 20
insert-- 21
`, who is employed under a contract of service at the 22
workplace,'. 23
79
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
Schedule (continued)
14 Section 234-- 1
relocate and renumber, in chapter 1, part 4, division 6, 2
subdivision 5, as section 39A. 3
15 Chapter 5, part 12, division 1, heading-- 4
omit, insert-- 5
`Division 1 Costs applying to worker with WRI 6
of 20% or more, worker with latent 7
onset injury that is a terminal 8
condition, or dependant'. 9
16 Sections 498 and 499-- 10
renumber as sections 495 and 496. 11
17 Section 546(3)(b), `28 days'-- 12
omit, insert-- 13
`20 business days'. 14
18 Section 550(4), from `giving' to `to'-- 15
omit, insert-- 16
`filing a written notice of appeal with'. 17
19 Section 552(3), `industrial magistrate'-- 18
omit, insert-- 19
`relevant appeal body'. 20
20 Section 603(2), `is force'-- 21
omit, insert-- 22
`in force'. 23
80
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
Schedule (continued)
Workplace Health and Safety Act 1995 1
1 Section 3A(3), example-- 2
omit, insert-- 3
4
`Example for subsection (3)--
5
Section 28 of this Act imposes an obligation on a person who conducts a
6
business or undertaking to ensure that each person who performs a work
7
activity for the purposes of the business or undertaking is not exposed to
8
risks to their health and safety arising out of the conduct of the business
9
or undertaking. Under the Electrical Safety Act 2002, an obligation is
10
imposed on an employer to ensure the employer's business or
11
undertaking is conducted in a way that is electrically safe. Accordingly,
12
the obligation under this Act of a person who conducts a business or
13
undertaking does not include an obligation to ensure the person's
14
business or undertaking is conducted in a way that is electrically safe.'.
2 Sections 9 to 12, 15 and 18, heading, `?'-- 15
omit. 16
3 Section 9, example 1-- 17
omit. 18
4 Section 9, examples 2 and 3-- 19
renumber as examples 1 and 2. 20
5 Section 14(3)(a), `owner of the workplace'-- 21
omit, insert-- 22
`client'. 23
6 Section 14(3)(b), `owner'-- 24
omit, insert-- 25
`client'. 26
81
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
Schedule (continued)
7 Section 27(2), `The'-- 1
omit, insert-- 2
`A'. 3
8 Part 3, division 2, heading-- 4
omit, insert-- 5
`Division 2 Obligations of particular persons'. 6
9 Section 86(4), `construction'-- 7
omit. 8
10 Section 109(1), `workplace or, with the occupier's 9
consent, another'-- 10
omit. 11
11 Section 123(1), `or work caused illness'-- 12
omit, insert-- 13
`, work caused illness or the happening of a dangerous event'. 14
12 Section 175(2), `for a construction workplace'-- 15
omit. 16
13 Section 175(2), `an employer or worker at the 17
workplace'-- 18
omit, insert-- 19
`any person at a workplace'. 20
82
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
Schedule (continued)
14 Section 175(2), `the employer or worker'-- 1
omit, insert-- 2
`the person'. 3
15 Section 182, heading, `revocation'-- 4
omit, insert-- 5
`cancellation'. 6
16 Section 182, `revoke'-- 7
omit, insert-- 8
`cancel'. 9
17 Section 182, footnote, `revoke'-- 10
omit, insert-- 11
`cancel'. 12
18 Section 185, heading-- 13
omit, insert-- 14
`185 Powers of chief executive to make requirements about 15
unsafe plant or substances'. 16
19 Schedule 3, definitions work caused illness and work 17
injury, `work, a workplace, a work activity or specified 18
high risk plant'-- 19
omit, insert-- 20
`a workplace, a relevant workplace area, a work activity, or 21
plant or substances for use at a workplace'. 22
83
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
© State of Queensland 2005
AMENDMENTS TO BILL
1
Workers' Compensation and Rehabilitation and Other
Acts Amendment Bill 2005
Workers' Compensation and
Rehabilitation and Other Acts Amendment
Bill 2005
Amendments agreed to during Consideration
1 Clause 49--
At page 38, line 7, `on or after'--
omit, insert--
`before'.
2 Clause 94--
At page 75, lines 18 to 20--
omit.
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