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Queensland
WORKCOVER
QUEENSLAND AMENDMENT
BILL 1999
Queensland
WORKCOVER QUEENSLAND
AMENDMENT BILL 1999
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 5 (Workers' compensation scheme) . . . . . . . . . . . . . . . . . 8
5 Replacement of ss 12 and 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12 Who is a "worker" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Amendment of s 23 (Persons performing community service or
unpaid duties) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Amendment of s 32 (Meaning of "employer") . . . . . . . . . . . . . . . . . . . . . . . 10
8 Amendment of s 34 (Meaning of "injury") . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Amendment of s 36 (Injury while at place of employment or
another place of employment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
10 Amendment of s 37 (Other circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . 12
11 Amendment of s 38 (Injury that happens during particular journeys) . . . . . 12
12 Amendment of s 52 (Employer's obligation to insure) . . . . . . . . . . . . . . . . . 13
13 Amendment of s 58 (Setting of premium) . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
14 Omission of ch 2, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
15 Amendment of s 98 (What is self-insurance) . . . . . . . . . . . . . . . . . . . . . . . . 14
16 Amendment of s 99 (Who may apply to be a self-insurer) . . . . . . . . . . . . . 14
17 Amendment of s 101 (Issue or renewal of licence to a single employer) . . 14
18 Amendment of s 102 (Issue or renewal of licence to a group employer) . . 15
19 Amendment of s 106 (Audit of self-insurer) . . . . . . . . . . . . . . . . . . . . . . . . . 15
20 Amendment of s 111 (Annual levy and surcharge payable) . . . . . . . . . . . . 16
21 Amendment of s 113 (Bank guarantee or cash deposit) . . . . . . . . . . . . . . . . 16
2
WorkCover Queensland Amendment
22 Replacement of s 116 (Self-insurer replaces WorkCover in
liability for injury) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
116 Self-insurer replaces WorkCover in liability for injury . . . . . . . . . . . 16
23 Amendment of s 118 (Change in self-insurer's membership) . . . . . . . . . . . 17
24 Replacement of s 119 (Powers of self-insurers) . . . . . . . . . . . . . . . . . . . . . . 18
119 Powers of self-insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
25 Amendment of s 128 (Recovery of ongoing costs from former
selfinsurer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
26 Amendment of s 129 (Assessing residual liability after cancellation) . . . . 21
27 Replacement of s 135 (Compensation entitlement and source of
payments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
135 Compensation entitlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
135A Who must pay compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
28 Amendment of s 147 (Entitlements of seafarers) . . . . . . . . . . . . . . . . . . . . . 22
29 Amendment of s 152 (Entitlements for industrial deafness) . . . . . . . . . . . . 22
30 Amendment of s 153 (Further application for compensation for
industrial deafness) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
31 Amendment of s 158 (Time for applying) . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
32 Amendment of s 161 (Decision about application for compensation) . . . . 23
33 Insertion of new ch 3, pt 8, div 4, sdiv 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Subdivision 3A--Eligible persons
181A Application of sdiv 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
181B Total incapacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
34 Insertion of new ch 3, pt 8, div 5, sdiv 1 hdg and new s 182A . . . . . . . . . . 25
Subdivision 1--Persons entitled to compensation other than
eligible persons
182A Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
35 Insertion of new ch 3, pt 8, div 5, sdiv 2 and sdiv 3 hdg . . . . . . . . . . . . . . . 26
Subdivision 2--Eligible persons
184A Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
184B Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
184C Partial incapacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Subdivision 3--Requiring information
3
WorkCover Queensland Amendment
36 Amendment of s 228 (WorkCover's liability for medical
treatment and hospitalisation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
37 Amendment of s 239 (Liability for rehabilitation fees and costs) . . . . . . . . 27
38 Amendment of s 288 (Non-disclosure of certain material) . . . . . . . . . . . . . 27
39 Amendment of s 317 (Future economic loss) . . . . . . . . . . . . . . . . . . . . . . . . 28
40 Amendment of s 361 (Quarterly reports) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
41 Insertion of new ch 6, pt 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
PART 6A--REVIEW UNIT
403A WorkCover must establish review unit . . . . . . . . . . . . . . . . . . . . . . . 28
403B Function of review unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
42 Amendment of s 416 (Amounts payable by WorkCover on
Minister's instruction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
43 Insertion of new ch 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
CHAPTER 6A--WORKCOVER REVIEW COUNCIL
PART 1--ESTABLISHMENT AND FUNCTIONS
423A WorkCover Review Council is established . . . . . . . . . . . . . . . . . . . . 29
423B Functions of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART 2--MEMBERSHIP
423C Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
423D Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
423E Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
423F Disqualification from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
423G Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
423H Termination of appointment as member of council . . . . . . . . . . . . . 31
423I Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 3--COUNCIL BUSINESS
423J Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
423K Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
423L Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
423M Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
423N Voting at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
423O Council meetings without members being present . . . . . . . . . . . . . . 32
423P Resolution without meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
4
WorkCover Queensland Amendment
423Q Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
PART 4--OTHER PROVISIONS ABOUT THE COUNCIL
423R Administrative support for council . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
423S Giving information to council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
423T Quarterly report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
44 Amendment and renumbering of s 470 (Audit of wages and contracts) . . . 34
45 Replacement of ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
CHAPTER 9--REVIEWS AND APPEALS
PART 1--INTERNAL REVIEW OF PROPOSED DECISIONS
487 Internal review by WorkCover or self-insurer . . . . . . . . . . . . . . . . . . 35
PART 2--REVIEW OF DECISIONS
488 Objects of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
489 Application of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
490 Who may apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
491 Applying for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
492 Right of appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
493 Decision-maker must give information to review unit . . . . . . . . . . . 39
494 Review of decision or failure to make a decision . . . . . . . . . . . . . . . 39
495 Notice of review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
496 Reimbursement of costs of examination and report . . . . . . . . . . . . . 41
PART 3--APPEALS
Division 1--Appeal to industrial magistrate or Industrial Court
497 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
498 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
499 Procedure for appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
500 Appeal about amount of premium . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
501 Notice of time and place for hearing . . . . . . . . . . . . . . . . . . . . . . . . . 43
502 Exchanging evidence before hearing . . . . . . . . . . . . . . . . . . . . . . . . . 43
503 Adjourning hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
504 Additional medical evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
505 Correcting defects in proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
506 Powers of industrial magistrate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
5
WorkCover Queensland Amendment
507 Decision of industrial magistrate . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
508 Recovery of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
509 Appeal from industrial magistrate to Industrial Court . . . . . . . . . . . . 46
510 Powers of Industrial Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
511 Decision about amount of premium . . . . . . . . . . . . . . . . . . . . . . . . . . 47
512 Decision about payment of compensation . . . . . . . . . . . . . . . . . . . . . 47
Division 2--Appeal to court of competent jurisdiction
513 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
514 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
515 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
516 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
517 Effect of decision of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . 49
46 Amendment of s 520 (Disclosure of information) . . . . . . . . . . . . . . . . . . . . . 49
47 Amendment of s 523 (WorkCover's information not actionable) . . . . . . . . 50
48 Amendment of s 551 (Injury under repealed or other former Act) . . . . . . . . 50
49 Insertion of new ch 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
CHAPTER 12--TRANSITIONAL PROVISIONS FOR
WORKCOVER QUEENSLAND AMENDMENT ACT 1999
PART 1--WORKERS AND EMPLOYERS
559 Workers and employers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
PART 2--INJURIES
560 Injury before 1 July 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
PART 3--SELF-RATING
Division 1--Existing self-raters and applicants
561 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
562 Registration continues until 30 June 1999 . . . . . . . . . . . . . . . . . . . . . 52
563 Premium for former self-rater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
564 Return of bank guarantee or cash deposit . . . . . . . . . . . . . . . . . . . . . 52
Division 2--Self-rater applying to become self-insurer
565 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
566 Application to become self-insurer . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
567 Premium for former self-rater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
568 Self-raters residual liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
6
WorkCover Queensland Amendment
569 Return of bank guarantee or cash deposit . . . . . . . . . . . . . . . . . . . . . 54
PART 4--SELF-INSURANCE
570 Number of full-time workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
571 OHS certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
572 Outstanding liability on or before licence renewal . . . . . . . . . . . . . . 56
573 Surcharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
574 Change in self-insurer's membership . . . . . . . . . . . . . . . . . . . . . . . . . 57
575 Recovery of ongoing costs from former self-insurer . . . . . . . . . . . . . 58
576 Assessing residual liability after cancellation . . . . . . . . . . . . . . . . . . 58
PART 5--REVIEWS AND APPEALS
577 Decisions by WorkCover or self-insurer . . . . . . . . . . . . . . . . . . . . . . . 59
50 Insertion of new schs 2 and 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
SCHEDULE 2
WHO IS A WORKER
SCHEDULE 2A
PERSONS WHO ARE EMPLOYERS
51 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
52 Amendment of Workplace Health and Safety Act 1995 . . . . . . . . . . . . . . . 65
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 66
MINOR AND CONSEQUENTIAL AMENDMENTS
1999
A BILL
FOR
An Act to amend the WorkCover Queensland Act 1996, and for other
purposes
s1 8 s4
WorkCover Queensland Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the WorkCover Queensland Amendment Act 3
1999. 4
5
Commencement
Clause 2.(1) Sections 3, 14, 15 to 19, 21 to 26, 49 (so far as it inserts chapter 12, 6
parts 3 and 4), 51(2) and 52 and part 1 of the schedule are taken to have 7
commenced on 3 March 1999. 8
(2) Sections 5, 7, 49 (so far as it inserts chapter 12, part 1), 50 and 51(1) 9
and (4) commence on 1 July 2000. 10
(3) The remaining provisions of this Act and part 2 of the schedule 11
commence on 1 July 1999. 12
amended 13
Act
Clause 3.(1) This Act, other than section 52, amends the WorkCover Queensland 14
Act 1996. 15
(2) Section 52 amends the Workplace Health and Safety Act 1995. 16
of s 5 (Workers' compensation scheme) 17
Amendment
Clause 4.(1) Section 5(1)-- 18
omit, insert-- 19
`5.(1) This Act establishes a workers' compensation scheme for 20
Queensland-- 21
(a) providing benefits for workers who sustain injury in their 22
employment, for dependants if a worker's injury results in the 23
worker's death, for persons other than workers, and for other 24
benefits; and 25
s5 9 s6
WorkCover Queensland Amendment
(b) encouraging improved health and safety performance by 1
employers.'. 2
(2) Section 5(4)(b) to (d)-- 3
renumber as section 5(4)(c) to (e). 4
(3) Section 5(4)-- 5
insert-- 6
`(b) ensure that injured workers or dependants are treated fairly by 7
WorkCover and self-insurers; and'. 8
of ss 12 and 13 9
Replacement
Clause 5. Sections 12 and 13-- 10
omit, insert-- 11
is a "worker" 12
`Who
`12.(1) A "worker" is an individual who works under a contract of 13
service. 14
`(2) Also, a person mentioned in schedule 2, part 1 is a "worker". 15
`(3) However, a person mentioned in schedule 2, part 2 is not a 16
"worker".'. 17
of s 23 (Persons performing community service or 18
Amendment
unpaid duties) 19
Clause 6.(1) Section 23(1)(b)-- 20
renumber as section 23(1)(c). 21
(2) Section 23(1)-- 22
insert-- 23
`(b) community service under a community service order under any 24
other Act; or'. 25
s7 10 s8
WorkCover Queensland Amendment
of s 32 (Meaning of "employer") 1
Amendment
Clause 7.(1) Section 32, heading-- 2
omit, insert-- 3
`Who is an "employer" '. 4
(2) Section 32(2)-- 5
renumber as section 32(3). 6
(3) Section 32-- 7
insert-- 8
`(2) Also, a person mentioned in schedule 2A is an "employer".'. 9
of s 34 (Meaning of "injury") 10
Amendment
Clause 8.(1) Section 34(1), (2) and (3)(a), (c) and (d), `the major significant 11
factor causing'-- 12
omit, insert-- 13
`a significant contributing factor to'. 14
(2) Section 34(3)(b)-- 15
omit, insert-- 16
`(b) an aggravation of the following, if the aggravation arises out of, or 17
in the course of, employment and the employment is a significant 18
contributing factor to the aggravation-- 19
(i) a personal injury; 20
(ii) a disease; 21
(iii) a medical condition if the condition becomes a personal 22
injury or disease because of the aggravation;'. 23
(3) Section 34(3)(e)-- 24
omit, insert-- 25
`(e) death from a disease mentioned in paragraph (a), if the 26
employment is a significant contributing factor to the disease; 27
s9 11 s9
WorkCover Queensland Amendment
(f) death from an aggravation mentioned in paragraph (b), if the 1
employment is a significant contributing factor to the 2
aggravation.'. 3
(4) Section 34 (5)-- 4
omit. 5
(5) Section 34(4)-- 6
renumber as section 34(5). 7
(6) Section 34-- 8
insert-- 9
`(4) For subsection (3)(b), to remove doubt, it is declared that an 10
aggravation mentioned in the provision is an injury only to the extent of the 11
effects of the aggravation.'. 12
(7) Section 34(5) (as renumbered), from `"Injury"' to `injury is'-- 13
omit, insert-- 14
`Despite subsection (1) and (3), "injury" does not include'. 15
(8) Section 34(5)(d) (as renumbered)-- 16
omit. 17
of s 36 (Injury while at place of employment or another 18
Amendment
place of employment) 19
Clause 9.(1) Section 36, heading-- 20
omit, insert-- 21
`Injury while at or after worker attends place of employment'. 22
(2) Section 36(2), `the major significant factor causing'-- 23
omit, insert-- 24
`a significant contributing factor to'. 25
s 10 12 s 11
WorkCover Queensland Amendment
of s 37 (Other circumstances) 1
Amendment
Clause 10.(1) Section 37(2), `the major significant factor causing'-- 2
omit, insert-- 3
`a significant contributing factor to'. 4
(2) Section 37(3)-- 5
omit, insert-- 6
`(3) For subsection (1), a journey from or to a worker's home starts or 7
ends at the boundary of the land on which the home is situated.'. 8
of s 38 (Injury that happens during particular journeys) 9
Amendment
Clause 11.(1) Section 38(2)-- 10
omit, insert-- 11
`(2) The injury to the worker is not taken to arise out of, or in the course 12
of, the worker's employment if the event happens-- 13
(a) while the worker is in control of a vehicle and contravenes-- 14
(i) the Traffic Act 1949, section 16 1 or a corresponding law, if 15
the contravention is the major significant factor causing the 16
event; or 17
(ii) the Criminal Code, section 328A2 or a corresponding law, if 18
the contravention is the major significant factor causing the 19
event; or 20
(b) during or after-- 21
(i) a substantial delay before the worker starts the journey; or 22
(ii) a substantial interruption of, or deviation from, the journey.'. 23
(2) Section 38(4)-- 24
omit, insert-- 25
1 Traffic Act 1949, section 16 (Driving etc. whilst under influence of liquor or drugs
or with prescribed concentration of alcohol in blood)
2 Criminal Code, section 328A (Dangerous operation of a vehicle)
s 12 13 s 12
WorkCover Queensland Amendment
`(4) For subsection (2)(b)(i), in deciding whether there has been a 1
substantial delay before the worker starts the journey, regard must be had to 2
the following matters-- 3
(a) the reason for the delay; 4
(b) the actual or estimated period of time for the journey in relation to 5
the actual or estimated period of time for the delay. 6
`(5) For subsection (2)(b)(ii), in deciding whether there has been a 7
substantial interruption of, or deviation from the journey, regard must be 8
had to the following matters-- 9
(a) the reason for the interruption or deviation; 10
(b) the actual or estimated period of time for the journey in relation to 11
the actual or estimated period of time for the interruption or 12
deviation; 13
(c) for a deviation--the distance travelled for the journey in relation to 14
the distance travelled for the deviation. 15
`(6) In subsection (2)(a)(i) and (ii)-- 16
"corresponding law" means a law of another State that is substantially 17
equivalent-- 18
(a) for subsection (2)(a)(i)--to the law mentioned in that provision; 19
or 20
(b) for subsection (2)(a)(ii)--to the law mentioned in that provision.'. 21
of s 52 (Employer's obligation to insure) 22
Amendment
Clause 12.(1) Section 52(4)-- 23
renumber as section 52(6). 24
(2) Section 52-- 25
insert-- 26
`(4) WorkCover must not issue more than 1 policy for each employer. 27
`(5) However, if the employer is the State, WorkCover may issue 28
1 policy for each department of government.'. 29
s 13 14 s 17
WorkCover Queensland Amendment
of s 58 (Setting of premium) 1
Amendment
Clause 13.(1) Section 58(8)-- 2
renumber as section 58(9). 3
(2) Section 58-- 4
insert-- 5
`(8) If the employer is a corporation and an administrator is appointed 6
under the Corporations Law to administer the corporation, the administrator 7
must pay the premium for the period during which the corporation is under 8
administration.'. 9
of ch 2, pt 4 10
Omission
Clause 14. Chapter 2, part 4-- 11
omit. 12
of s 98 (What is self-insurance) 13
Amendment
Clause 15. Section 98(2), `happen'-- 14
omit, insert-- 15
`start or happen before the issue of the licence and'. 16
of s 99 (Who may apply to be a self-insurer) 17
Amendment
Clause 16. Section 99(3), before `are'-- 18
insert-- 19
`that employ workers in Queensland'. 20
of s 101 (Issue or renewal of licence to a single employer) 21
Amendment
Clause 17.(1) Section 101(a), `500'-- 22
omit, insert-- 23
`2000'. 24
s 18 15 s 19
WorkCover Queensland Amendment
(2) Section 101(c) to (g)-- 1
renumber as section 101(d) to (h). 2
(3) Section 101-- 3
insert-- 4
`(c) the employer holds a current OHS certificate when the application 5
is made; and'. 6
of s 102 (Issue or renewal of licence to a group employer) 7
Amendment
Clause 18.(1) Section 102(b), `500'-- 8
omit, insert-- 9
`2000'. 10
(2) Section 102(d) to (h)-- 11
renumber as section 102 (e) to (i). 12
(3) Section 102-- 13
insert-- 14
`(d) the group employer holds a current OHS certificate when the 15
application is made; and'. 16
of s 106 (Audit of self-insurer) 17
Amendment
Clause 19. Section 106(1)(a)-- 18
omit, insert-- 19
`(a) satisfies section 101 (other than paragraph (c)) or 102 (other than 20
paragraph (d));3 and'. 21
3 Section 101 (Issue or renewal of licence to a single employer) or 102 (Issue or
renewal of licence to a group employer)
s 20 16 s 22
WorkCover Queensland Amendment
of s 111 (Annual levy and surcharge payable) 1
Amendment
Clause 20.(1) Section 111, heading-- 2
omit, insert-- 3
`Annual levy payable'. 4
(2) Section 111(1), (2) and (3)(b), `and surcharge'-- 5
omit. 6
(3) Section 111(3)(a), `and surcharge are'-- 7
omit, insert-- 8
`is'. 9
of s 113 (Bank guarantee or cash deposit) 10
Amendment
Clause 21. Section 113(6), definition "estimated claims liability", 11
paragraph (a)(ii)-- 12
omit, insert-- 13
`(ii) existing claims incurred for which a self-insurer is liable 14
under section 116;4 less'. 15
Replacement of s 116 (Self-insurer replaces WorkCover in liability for 16
injury) 17
Clause 22. Section 116-- 18
omit, insert-- 19
replaces WorkCover in liability for injury 20
`Self-insurer
`116.(1) A self-insurer is liable, to the exclusion of WorkCover's 21
liability-- 22
4 Section 116 (Self-insurer replaces WorkCover in liability for injury)
s 23 17 s 23
WorkCover Queensland Amendment
(a) for compensation and damages for the total of the accrued, 1
continuing, future and contingent liabilities for all injuries 2
sustained by the self-insurer's workers that arise from events 3
starting or happening during the period of the self-insurer's 4
licence ("residual liability"); and 5
(b) for the following ("outstanding liability")-- 6
(i) compensation for the total of the accrued, continuing, future 7
and contingent liabilities for all injuries that arise from events 8
starting or happening before the issue of the self-insurer's 9
licence sustained by the self-insurer's workers employed at 10
the time the entitlement under section 1685 arises; 11
(ii) damages for injuries to the self-insurer's workers arising 12
from events starting or happening before the issue of the 13
self-insurer's licence. 14
`(2) WorkCover must pay a self-insurer an amount for the self-insurer's 15
outstanding liability that is calculated under a regulation by an actuary 16
appointed by WorkCover.'. 17
of s 118 (Change in self-insurer's membership) 18
Amendment
Clause 23. Section 118(2)-- 19
omit, insert-- 20
`(2) If a member leaves a self-insurer that is a group employer and 21
becomes part of another self-insurer (the "other self-insurer"), the self- 22
insurer must pay the other self-insurer an amount for the total of the 23
member's residual liability and outstanding liability ("total liability"). 24
`(3) For subsection (2), the other self-insurer is liable for compensation 25
and damages for the member's total liability from the day the member 26
becomes part of the other self-insurer. 27
`(4) If a member leaves a self-insurer that is a group employer and does 28
not become part of another self-insurer, the self-insurer must pay 29
WorkCover an amount for the member's total liability. 30
5 Section 168 (Time from which compensation payable)
s 24 18 s 24
WorkCover Queensland Amendment
`(5) For subsection (4), WorkCover is liable for compensation and 1
damages for the member's total liability from the day the member leaves 2
the group employer. 3
`(6) If an employer becomes part of a self-insurer, other than under 4
subsection (2), WorkCover must pay the self-insurer an amount for the 5
employer's total liability. 6
`(7) For subsection (6), the self-insurer is liable for compensation and 7
damages for the employer's total liability from the day the member 8
becomes part of the self-insurer. 9
`(8) The total liability mentioned in subsection (2), (4) or (6) must be-- 10
(a) calculated under a regulation by an actuary approved by 11
WorkCover; and 12
(b) paid within the time allowed under a regulation.'. 13
of s 119 (Powers of self-insurers) 14
Replacement
Clause 24. Section 119-- 15
omit, insert-- 16
of self-insurers 17
`Powers
`119.(1) A self-insurer has, in relation to the self-insurer's workers-- 18
(a) for an injury sustained during the operation of this Act--the 19
functions and powers of WorkCover under the following 20
provisions-- 21
(i) chapter 3 (other than sections 136(5), 160, 163 and 188(3), 22
and part 11);6 23
6 Chapter 3 (Compensation) other than sections 136 (Right to compensation can
not be relinquished), 160 (Employer's duty to report injury), 163 (Worker must
notify return to work or engagement in a calling), 188 (Recovery of
compensation overpaid) and part 11 (Automatic variation of compensation
payable)
s 24 19 s 24
WorkCover Queensland Amendment
(ii) chapter 4 (other than sections 235(3)(a) and 238, and 1
part 4);7 2
(iii) chapter 5 (other than sections 284, 306 and 319);8 3
(iv) chapter 7, parts 3 and 5, and section 450;9 and 4
(b) for an injury sustained during the operation of the Workers' 5
Compensation Act 1990--the functions and powers that the 6
Workers' Compensation Board of Queensland had under the 7
following provisions of that Act-- 8
(i) part 6; 9
(ii) part 7 (other than sections 102 and 105); 10
(iii) part 11 (other than sections 186 and 187); and 11
(c) for an injury sustained during the operation of the Workers' 12
Compensation Act 1916--the functions and powers that the 13
Workers' Compensation Board of Queensland had under the 14
following provisions of that Act-- 15
(i) section 9: 16
(ii) section 9A; 17
(iii) section 10; 18
(iv) section 11; 19
(v) section 13A; 20
(vi) section 14(2); 21
(vii) section 14B (other than subsections (2) to (9)); 22
7 Chapter 4 (Injury management) other than sections 235 (Cost of hospitalisation),
238 (WorkCover's responsibility for worker's rehabilitation) and part 4
(Employer's obligation for rehabilitation)
8 Chapter 5 (Access to damages) other than sections 284 (Employer to cooperate
with WorkCover), 306 (Carriage of proceedings) and 319 (Exemplary damages).
9 Chapter 7 (Medical assessment tribunals), parts 3 (Jurisdiction of tribunals) and
5 (Proceedings for exercise of tribunals' jurisdiction) and section 450
(Assessment of additional compensation for prescribed disfigurement)
s 25 20 s 25
WorkCover Queensland Amendment
(viii)section 14D; 1
(ix) section 16; 2
(x) schedule, sections 4, 6, 23 and 25. 3
`(2) To apply the provisions mentioned in subsection (1), a reference to 4
WorkCover or the board in the provisions is taken to be a reference to the 5
self-insurer. 6
`(3) The functions and powers must not be performed or exercised by 7
WorkCover in relation to the self-insurer's workers. 8
`(4) The functions and powers may be exercised only by the self-insurer 9
or a person employed under a contract of service with the self-insurer. 10
`(5) However, a self-insurer may engage a person who is not employed 11
under a contract of service with the self-insurer to exercise the self-insurer's 12
functions and powers for not longer than 3 months if WorkCover's board is 13
satisfied that special circumstances exist. 14
`(6) Subsection (4) does not apply to a self-insurer that is a classification 15
group employer. 16
`(7) The self-insurer must perform and exercise the functions and powers 17
reasonably. 18
`(8) If a single employer or group employer stops being a self-insurer, 19
the employer no longer has the functions and powers, except to the extent 20
stated in section 127.10 21
of s 128 (Recovery of ongoing costs from former 22
Amendment
selfinsurer) 23
Clause 25.(1) Section 128(1)(b)(i) and (ii)-- 24
omit, insert-- 25
`(i) pays compensation or damages for a worker for which a 26
self-insurer is liable under section 116;11 or 27
10 Section 127 (Certain functions and powers may be held by former self-insurer
after cancellation)
11 Section 116 (Self-insurer replaces WorkCover in liability for injury)
s 26 21 s 27
WorkCover Queensland Amendment
(ii) incurs management costs in managing compensation 1
applications or damages actions for the compensation or 2
damages mentioned in subparagraph (i).'. 3
(2) Section 128(2), after `compensation'-- 4
insert-- 5
`or damages'. 6
of s 129 (Assessing residual liability after cancellation) 7
Amendment
Clause 26.(1) Section 129, heading, `residual'-- 8
omit. 9
(2) Section 129(2) and (3)-- 10
omit, insert-- 11
`(2) WorkCover must appoint an actuary to assess the former self- 12
insurer's liability under section 116(1). 13
`(3) The amount of liability is the amount calculated under a regulation.'. 14
(3) Section 129(6), `residual liability'-- 15
omit, insert-- 16
`liability under section 116(1)'. 17
(4) Section 129(7), definition "residual liability"-- 18
omit. 19
of s 135 (Compensation entitlement and source of 20
Replacement
payments) 21
Clause 27. Section 135-- 22
omit, insert-- 23
entitlement 24
`Compensation
`135.(1) Compensation is payable under this Act for an injury sustained 25
by a worker. 26
s 28 22 s 29
WorkCover Queensland Amendment
`(2) However, if a worker's injury is an aggravation mentioned in 1
section 34(3)(b),12 the worker is entitled to compensation for the injury only 2
to the extent of the effects of the aggravation. 3
must pay compensation 4
`Who
`135A.(1) If an employer is a self-insurer, the employer must pay the 5
compensation. 6
`(2) Otherwise, WorkCover must pay the compensation. 7
`(3) Subsection (2) is subject to section 70.13'. 8
of s 147 (Entitlements of seafarers) 9
Amendment
Clause 28. Section 147-- 10
insert-- 11
`(2) However, a seafarer employed on a Queensland ship that is on a 12
voyage interstate or to or from a country other than Australia is entitled to 13
compensation while an exemption for the seafarer's employment on the 14
ship is in force under the Seafarers' Rehabilitation and Compensation Act 15
1992 (Cwlth), section 20A.14'. 16
of s 152 (Entitlements for industrial deafness) 17
Amendment
Clause 29. Section 152(3)(b), `the major significant factor causing'-- 18
omit, insert-- 19
`a significant contributing factor to'. 20
12 Section 34 (Meaning of "injury")
13 Section 70 (Employer's liability for excess period)
14 Seafarers' Rehabilitation and Compensation Act 1992 (Cwlth), section 20A (Act
not to apply to exempt employment)
s 30 23 s 32
WorkCover Queensland Amendment
of s 153 (Further application for compensation for 1
Amendment
industrial deafness) 2
Clause 30. Section 153(3), `5%'-- 3
omit, insert-- 4
`1%'. 5
of s 158 (Time for applying) 6
Amendment
Clause 31.(1) Section 158(2), `starts on the day'-- 7
omit, insert-- 8
`is limited to a period starting no earlier than 28 days before the day on 9
which'. 10
(2) Section 158(4), `may'-- 11
omit, insert-- 12
`must'. 13
(3) Section 158(5)-- 14
omit, insert-- 15
`(5) WorkCover may waive subsection (1) or (2) for a particular 16
application if WorkCover is satisfied that a claimant's failure to lodge the 17
application was due to-- 18
(a) mistake; or 19
(b) the claimant's absence from the State; or 20
(c) a reasonable cause.'. 21
of s 161 (Decision about application for compensation) 22
Amendment
Clause 32. Section 161(2)-- 23
omit, insert-- 24
`(2) WorkCover must make a decision on the application within 3 25
months after the application is made. 26
s 33 24 s 33
WorkCover Queensland Amendment
`(3) WorkCover must notify the claimant of its decision on the 1
application. 2
`(4) If WorkCover rejects the application, WorkCover must also, when 3
giving the claimant notice of its decision, give the claimant written reasons 4
for the decision and the information prescribed under a regulation. 5
`(5) Subsection (6) applies if WorkCover does not make a decision on 6
the application within 3 months after the application is made. 7
`(6) WorkCover must, within 7 days after the end of the 3 month period, 8
notify the claimant of its reasons for not making the decision and that the 9
claimant may apply to have the claimant's application reviewed under 10
chapter 9.'. 11
of new ch 3, pt 8, div 4, sdiv 3A 12
Insertion
Clause 33. After section 181-- 13
insert-- 14
`Subdivision 3A--Eligible persons 15
of sdiv 3A 16
`Application
`181A. This subdivision applies to an eligible person. 17
incapacity 18
`Total
`181B.(1) The compensation payable to a totally incapacitated person is, 19
for each week-- 20
(a) for the first 26 weeks of the incapacity-- 21
(i) the lesser of the following-- 22
(A) 85% of the amount stated in the person's contract of 23
insurance; 24
(B) the person's actual earnings when the injury was 25
sustained; or 26
(ii) if the person replaces the person's labour--the payment 27
under subsection (2); and 28
s 34 25 s 34
WorkCover Queensland Amendment
(b) from the end of the first 26 weeks of the incapacity until the end 1
of the first 2 years of the incapacity-- 2
(i) the greater of the following-- 3
(A) 65% of the amount stated in the person's contract of 4
insurance; 5
(B) 60% of QOTE; or 6
(ii) if the person replaces the person's labour--the payment 7
under subsection (2); and 8
(c) from the end of the first 2 years of the incapacity until the end of 9
the first 5 years of the incapacity-- 10
(i) if the person demonstrates to WorkCover that the injury 11
could result in a WRI of more than 15%--the greater of the 12
following-- 13
(A) 65% of the amount stated in the person's contract of 14
insurance; 15
(B) 60% of QOTE; or 16
(ii) otherwise--an amount equal to the single pension rate. 17
`(2) For subsection (1)(a)(ii) and (b)(ii), the amount is-- 18
(a) if paragraph (b) does not apply--85% of the reasonable cost of 19
labour paid to replace the person; or 20
(b) if the reasonable cost of labour paid to replace the person is less 21
than 85% of the amount stated in the person's contract of 22
insurance--the reasonable cost of labour paid to replace the 23
person. 24
`(3) However, the amount paid under subsection (1)(b) or (c) must not 25
be more than the amount to which the person would be entitled under 26
subsection (1)(a).'. 27
of new ch 3, pt 8, div 5, sdiv 1 hdg and new s 182A 28
Insertion
Clause 34. Chapter 3, part 8, division 5, before section 183-- 29
insert-- 30
s 35 26 s 35
WorkCover Queensland Amendment
`Subdivision 1--Persons entitled to compensation other than eligible 1
persons 2
of sdiv 1 3
`Application
`182A. This subdivision applies to a person entitled to compensation, 4
other than an eligible person.'. 5
of new ch 3, pt 8, div 5, sdiv 2 and sdiv 3 hdg 6
Insertion
Clause 35. After section 184-- 7
insert-- 8
`Subdivision 2--Eligible persons 9
of sdiv 2 10
`Application
`184A. This subdivision applies to an eligible person. 11
for sdiv 2 12
`Definitions
`184B. In this subdivision-- 13
"AP" means the amount payable under section 181B(1)(a). 14
"LE" means the person's loss of earnings, expressed as a weekly rate, 15
because of the injury. 16
"loss of earnings" means the difference between-- 17
(a) the amount payable under section 181B(1)(a); and 18
(b) the amount of the person's weekly earnings from employment 19
during the period of partial incapacity. 20
"MC" means the maximum compensation expressed as a weekly rate, that 21
would have been payable under this part had total incapacity of the 22
person resulted from the injury. 23
"PC" means the compensation expressed as a weekly rate, payable for the 24
injury on account of the partial incapacity. 25
s 36 27 s 38
WorkCover Queensland Amendment
incapacity 1
`Partial
`184C.(1) Compensation payable to a partially incapacitated person is a 2
weekly payment under this section. 3
`(2) The weekly payment is an amount calculated under the following 4
formula-- 5
PC = MC x LE 6
AP. 7
`(3) However, the amount must not be more than MC. 8
3--Requiring information'. 9
`Subdivision
of s 228 (WorkCover's liability for medical treatment and 10
Amendment
hospitalisation) 11
Clause 36. Section 228-- 12
insert-- 13
`(2) Under the table of costs, WorkCover may impose conditions on the 14
provision of the medical treatment.'. 15
of s 239 (Liability for rehabilitation fees and costs) 16
Amendment
Clause 37.(1) Section 239(3)-- 17
renumber as section 239(4). 18
(2) Section 239-- 19
insert-- 20
`(3) Under the table of costs, WorkCover may impose conditions on the 21
provision of the rehabilitation.'. 22
of s 288 (Non-disclosure of certain material) 23
Amendment
Clause 38. Section 288-- 24
insert-- 25
s 39 28 s 41
WorkCover Queensland Amendment
`(5) Also, WorkCover or an employer is not obliged to disclose the 1
estimate of damages calculated by WorkCover for the purpose of premium 2
setting under chapter 2, part 3.15'. 3
of s 317 (Future economic loss) 4
Amendment
Clause 39. Section 317, from `, because' to `sustained,'-- 5
omit. 6
of s 361 (Quarterly reports) 7
Amendment
Clause 40. Section 361(3)-- 8
omit, insert-- 9
`(3) A quarterly report must include-- 10
(a) the information required to be given in the report by 11
WorkCover's statement of corporate intent; and 12
(b) a report from the council.'. 13
of new ch 6, pt 6A 14
Insertion
Clause 41. After section 403-- 15
insert-- 16
ART 6A--REVIEW UNIT 17
`P
must establish review unit 18
`WorkCover
`403A. WorkCover must establish a review unit that is separate from 19
WorkCover's commercial insurance business. 20
15 Chapter 2 (Employer's obligations) part 3 (Insurance under WorkCover policies
generally)
s 42 29 s 43
WorkCover Queensland Amendment
of review unit 1
`Function
`403B. The review unit's function is to undertake reviews under 2
chapter 9, part 2.16'. 3
of s 416 (Amounts payable by WorkCover on Minister's 4
Amendment
instruction) 5
Clause 42. Section 416(1)-- 6
insert-- 7
`(c) making employers and workers aware of their rights, and 8
procedures they need to follow, under the Act.'. 9
of new ch 6A 10
Insertion
Clause 43. After section 423-- 11
insert-- 12
`CHAPTER 6A--WORKCOVER REVIEW 13
COUNCIL 14
ART 1--ESTABLISHMENT AND FUNCTIONS 15
`P
Review Council is established 16
`WorkCover
`423A. The WorkCover Review Council is established. 17
of council 18
`Functions
`423B. The council's functions are-- 19
(a) to monitor the performance and outcomes of the review process 20
under chapter 9 and of the medical assessment tribunals; and 21
16 Chapter 9 (Reviews and appeals) part 2 (Review of decisions)
s 43 30 s 43
WorkCover Queensland Amendment
(b) to make recommendations to WorkCover's board on the 1
performance and outcomes of the review process and of the 2
medical assessment tribunals. 3
ART 2--MEMBERSHIP 4
`P
5
`Membership
`423C. The council consists of 5 members of whom-- 6
(a) 1 is to be the chairperson of WorkCover's board (or a director of 7
the board nominated by the chairperson); and 8
(b) 2 are to be representatives of employers appointed by the 9
Governor in Council; and 10
(c) 2 are to be representatives of workers appointed by the Governor 11
in Council. 12
13
`Chairperson
`423D. The member of the council who is the chairperson of 14
WorkCover's board (or the director of the board nominated by the 15
chairperson) is the council's chairperson. 16
of appointment 17
`Term
`423E. Each appointed member of the council holds office for a term of 18
not more than 3 years. 19
from office 20
`Disqualification
`423F.(1) A person can not become, or continue as, an appointed 21
member of the council if the person-- 22
(a) is affected by bankruptcy action; or 23
(b) is convicted of an offence against this Act; or 24
s 43 31 s 43
WorkCover Queensland Amendment
(c) becomes incapable of discharging the duties of a member because 1
of physical or mental incapacity. 2
`(2) For subsection (1)(a), a person is affected by bankruptcy action if the 3
person-- 4
(a) is bankrupt; or 5
(b) has compounded with creditors; or 6
(c) has otherwise taken, or applied to take, advantage of any law 7
about bankruptcy. 8
of office 9
`Vacation
`423G. An appointed member is taken to have vacated office if the 10
member-- 11
(a) resigns the office by signed notice given to the Governor in 12
Council; or 13
(b) can not continue as an appointed member under section 423F. 14
of appointment as member of council 15
`Termination
`423H. The Governor in Council may, at any time, end the appointment 16
of an appointed member of the council for any reason or none. 17
18
`Remuneration
`423I. Appointed members of the council are to be paid by WorkCover 19
the fees and allowances decided by the Governor in Council. 20
ART 3--COUNCIL BUSINESS 21
`P
onduct of business 22
`C
`423J. Subject to this division, the council may conduct its business, 23
including its meetings, in the way it considers appropriate. 24
s 43 32 s 43
WorkCover Queensland Amendment
and place of meetings 1
`Time
`423K.(1) Council meetings are to be held at the times and places the 2
chairperson decides. 3
`(2) However, the chairperson must call a meeting if asked, in writing, to 4
do so by the Minister or at least the number of members forming a quorum 5
for the council. 6
uorum 7
`Q
`423L.(1) The quorum at a meeting of the council is 3. 8
`(2) However, the quorum must include at least-- 9
(a) the chairperson; and 10
(b) 1 representative of employers; and 11
(c) 1 representative of workers. 12
at meetings 13
`Presiding
`423M. The chairperson is to preside at all meetings of the council. 14
at meetings 15
`Voting
`423N.(1) A question at a council meeting is decided by a majority of the 16
votes of the members present. 17
`(2) Each member present at the meeting has a vote on each question to 18
be decided and, if the votes are equal, the member presiding also has a 19
casting vote. 20
`(3) A member present at the meeting who abstains from voting is taken 21
to have voted for the negative. 22
meetings without members being present 23
`Council
`423O.(1) The council may hold meetings, or allow members to take 24
part in its meetings, by using any technology allowing reasonably 25
contemporaneous and continuous communication between members taking 26
part in the meeting. 27
s 43 33 s 43
WorkCover Queensland Amendment
`(2) A member who takes part in a council meeting under subsection (1) 1
is taken to be present at the meeting. 2
without meeting 3
`Resolution
`423P. A resolution is validly made by the council, even if it is not 4
passed at a council meeting, if-- 5
(a) a majority of the council members gives written agreement to the 6
resolution; and 7
(b) notice of the resolution is given under procedures approved by the 8
council. 9
inutes 10
`M
`423Q. The council must keep minutes of its proceedings. 11
`PART 4--OTHER PROVISIONS ABOUT THE 12
COUNCIL 13
support for council 14
`Administrative
`423R. WorkCover must ensure the council has the administrative 15
support services reasonably required for the council to carry out its 16
functions effectively and efficiently. 17
information to council 18
`Giving
`423S.(1) This section applies if-- 19
(a) the council asks WorkCover for information the council 20
reasonably believes it needs to perform its functions; and 21
(b) the information is available to WorkCover; and 22
(c) WorkCover may give the information to the council without 23
contravening a provision of another Act. 24
s 44 34 s 45
WorkCover Queensland Amendment
`(2) WorkCover must give the information to the council as soon as 1
practicable. 2
report 3
`Quarterly
`423T.(1) The council must give WorkCover's board a written report 4
about the performance of its functions for each quarter of a financial year. 5
`(2) A quarterly report must be given to the board within 1 month after 6
the end of the quarter.'. 7
and renumbering of s 470 (Audit of wages and contracts) 8
Amendment
Clause 44.(1) Section 470, after `a person'-- 9
insert-- 10
`(an "authorised auditor")'. 11
(2) Section 470-- 12
insert-- 13
`(2) For conducting the audit, an authorised auditor is entitled, at all 14
reasonable times, to full and free access to the documents prescribed under a 15
regulation for section 469(1) that-- 16
(a) are relevant to the audit; and 17
(b) belong to, are in the custody of, or are under the control of, the 18
employer.'. 19
(3) Section 470-- 20
relocate and renumber, in chapter 10, part 1A, as section 523A. 21
of ch 9 22
Replacement
Clause 45. Chapter 9-- 23
omit, insert-- 24
s 45 35 s 45
WorkCover Queensland Amendment
`CHAPTER 9--REVIEWS AND APPEALS 1
ART 1--INTERNAL REVIEW OF PROPOSED 2
`P
DECISIONS 3
review by WorkCover or self-insurer 4
`Internal
`487.(1) Before WorkCover or a self-insurer makes a decision to reject 5
an application for compensation or to terminate compensation, WorkCover 6
or the self-insurer must undertake an internal review of the proposed 7
decision. 8
`(2) The review must be made by an officer or person who is in a more 9
senior position than the officer or person who proposes to make the 10
decision. 11
ART 2--REVIEW OF DECISIONS 12
`P
of pt 2 13
`Objects
`488. The objects of this part are-- 14
(a) to provide for a review process separate from WorkCover's 15
commercial insurance business; and 16
(b) to provide a non-adversarial system for prompt resolution of 17
disputes. 18
of pt 2 19
`Application
`489.(1) This part applies to the following-- 20
(a) a decision by WorkCover-- 21
s 45 36 s 45
WorkCover Queensland Amendment
(i) to set the premium payable under a policy under 1
section 58;17 or 2
(ii) to issue a reassessment premium notice under section 60;18 3
or 4
(iii) to refuse to waive or reduce a penalty under section 61, 70 or 5
246;19 or 6
(iv) to refuse to reassess a default assessment under section 62;20 7
or 8
(v) to refuse to waive or reduce additional premium under 9
section 68;21 or 10
(vi) under section 11122 about the amount of the annual levy; or 11
(vii) to waive or not to waive section 158(1) or (2);23 or 12
(viii)to allow or reject an application for compensation under 13
chapter 3;24 or 14
(ix) to terminate, suspend, increase or decrease a weekly 15
17 Section 58 (Setting of premium)
18 Section 60 (Reassessment of premium for policy)
19 Section 61 (Recovery of compensation and unpaid premium)
Section 70 (Employer's liability for excess period)
Section 246 (Employer's failure in relation to rehabilitation)
20 Section 62 (Default assessment on reasonable suspicion)
21 Section 68 (WorkCover may waive or reduce additional premium)
22 Section 111 (Annual levy payable)
23 Section 158 (Time for applying)
24 Chapter 3 (Compensation)
s 45 37 s 45
WorkCover Queensland Amendment
payment of compensation under chapter 3 or 4;25 or 1
(x) to refuse to vary an entitlement under section 189, 190 or 2
191;26 or 3
(xi) to apportion compensation under chapter 3, part 10;27 or 4
(xii) to allow or refuse an entitlement under section 230, 234 or 5
237;28 or 6
(xiii)to issue a damages certificate under section 265(3)(a) or 7
270(2)(a)29; 8
(b) a decision by a self-insurer-- 9
(i) to waive or not to waive section 158(1) or (2); or 10
(ii) to reject an application for compensation under chapter 3; or 11
(iii) to terminate, suspend, increase or decrease a weekly 12
payment of compensation under chapter 3 or 4; or 13
(iv) to refuse to vary an entitlement under section 189, 190 or 14
191; or 15
(v) to apportion compensation under chapter 3, part 10; or 16
(vi) to allow or refuse an entitlement under section 230, 234 or 17
237; or 18
25 Chapter 4 (Injury management)
26 Section 189 (Redemption--worker receiving weekly payments for at least
2 years)
Section 190 (Redemption--worker moves interstate)
Section 191 (Redemption--worker moves abroad)
27 Chapter 3 (Compensation), part 10 (Compensation on worker's death)
28 Section 230 (Extent of liability for prosthetic expenses)
Section 234 (Extent of liability for period of hospitalisation)
Section 237 (Extent of liability for travelling expenses)
29 Section 265 (Access to damages if no previous application for compensation)
Section 270 (Application for damages certificate)
s 45 38 s 45
WorkCover Queensland Amendment
(vii) to issue a damages certificate under section 265(3)(a) or 1
270(2)(a); or 2
(c) a failure by WorkCover or a self-insurer to make a decision on an 3
application for compensation within the time stated in 4
section 161.30 5
`(2) WorkCover or the self-insurer (the "decision-maker") must give 6
written reasons for the decision or for the failure to make a decision. 7
`(3) The decision-maker need not give reasons for a decision mentioned 8
in subsection (1)(a)(i) or (ii). 9
`(4) The reasons for the decision must address the matters prescribed 10
under a regulation. 11
`(5) The decision or the failure to make a decision may be reviewed only 12
by the review unit. 13
may apply for review 14
`Who
`490. A claimant, worker or an employer aggrieved by a decision or the 15
failure to make a decision may apply for review. 16
for review 17
`Applying
`491.(1) An application for review must be made within 3 months after 18
the person applying for review (the "applicant") receives written notice of 19
the decision or the failure to make a decision and the reasons for the 20
decision or failure. 21
`(2) For subsection (1), the applicant may, within the 3 months 22
mentioned in the subsection, ask WorkCover's board to allow further time 23
to apply for review. 24
`(3) WorkCover's board may grant the extension if it is satisfied that 25
special circumstances exist. 26
`(4) If the notice did not state the reasons for the decision or the failure to 27
make a decision-- 28
(a) the applicant must ask the decision-maker for the reasons within 29
30 Section 161 (Decision about application for compensation)
s 45 39 s 45
WorkCover Queensland Amendment
28 days after receiving the notice; and 1
(b) the decision-maker must give written reasons within 7 days after 2
the applicant asks for the reasons; and 3
(c) the application for review must be made within 3 months after the 4
applicant receives the reasons. 5
`(5) The application for review-- 6
(a) must be made in the approved form and given to the review unit; 7
and 8
(b) must state the grounds on which the applicant seeks review; and 9
(c) may be accompanied by any relevant document the applicant 10
wants considered in the review. 11
`(6) The review unit must, within 14 days after receiving the application, 12
give the applicant and the decision-maker written notice that the application 13
has been received. 14
of appearance 15
`Right
`492.(1) The applicant may appear before the review unit in person or be 16
represented by another person at the applicant's expense with a view to 17
achieving a resolution of the matter. 18
`(2) The applicant may also make representations to the review unit by 19
telephone or another form of communication. 20
must give information to review unit 21
`Decision-maker
`493.(1) The review unit may, by written notice, require the decision- 22
maker to give the unit-- 23
(a) within 7 days after receiving the notice, the information asked for 24
by the review unit; or 25
(b) within the period stated in the notice, any further information the 26
review unit needs to decide the matter. 27
`(2) The decision-maker must comply with the notice. 28
`(3) The decision-maker must pay the cost of obtaining the further 29
s 45 40 s 45
WorkCover Queensland Amendment
information. 1
of decision or failure to make a decision 2
`Review
`494.(1) The review unit must, within 35 days after receiving the 3
application, review the decision and decide (the "review decision") to-- 4
(a) confirm the decision; or 5
(b) vary the decision; or 6
(c) set aside the decision and substitute another decision. 7
`(2) If an application is about the failure to make a decision, the review 8
unit may-- 9
(a) make the decision (also a "review decision") after considering 10
the information before it; or 11
(b) return the matter to the decision-maker with the directions the 12
review unit considers appropriate. 13
`(3) The decision-maker to whom the directions are given must comply 14
with the directions. 15
`(4) The review unit may, with the applicant's consent, extend the time in 16
subsection (1) to obtain information under section 493. 17
`(5) If the review unit acts under subsection (1)(b) or (c), the decision is 18
taken for this Act, other than this part, to be the decision of the decision- 19
maker. 20
of review decision 21
`Notice
`495.(1) Within 14 days after making a review decision, the review unit 22
must give the applicant and the decision-maker written notice of the review 23
decision. 24
`(2) However, if the decision relates to a matter mentioned in 25
section 489(1)(a)(viii) to (xiii) or (1)(b) or (1)(c), the review unit must also 26
give a copy of the review decision to the claimant or worker and to the 27
employer. 28
`(3) The notice must state-- 29
s 45 41 s 45
WorkCover Queensland Amendment
(a) the reasons for the review decision; and 1
(b) that the applicant may appeal against the decision to an industrial 2
magistrate within 28 days after the applicant receives notice of the 3
decision. 4
`(4) If the review unit does not make a review decision within the time 5
allowed under section 494(1) or (4), the applicant may appeal to an 6
industrial magistrate against the review unit's failure to make the decision. 7
of costs of examination and report 8
`Reimbursement
`496.(1) This section applies if the review unit sets aside or varies a 9
decision by the decision-maker to reject an application for compensation by 10
a worker or claimant under chapter 3. 11
`(2) The decision-maker must reimburse the worker or claimant for the 12
cost of an examination by, and report from, a registered person obtained by 13
the worker or claimant if the review unit considers the examination and 14
report substantially contributed to the setting aside or variation of the 15
decision. 16
ART 3--APPEALS 17
`P
1--Appeal to industrial magistrate or Industrial Court 18
`Division
of div 1 19
`Application
`497. This division applies to the following decisions-- 20
(a) a review decision, other than a review decision made about a 21
decision under section 158;31 22
(b) a decision by WorkCover or a self-insurer under chapter 3 or 432 23
31 Section 158 (Time for applying)
32 Chapter 3 (Compensation) or 4 (Injury management)
s 45 42 s 45
WorkCover Queensland Amendment
that is not a decision mentioned in section 489(1)33 (a "non- 1
reviewable decision"). 2
may appeal 3
`Who
`498. A claimant, worker or employer aggrieved by the decision (the 4
"appellant") may appeal to an industrial magistrate against the decision of 5
the review unit, WorkCover or the self-insurer (the "respondent"). 6
for appeal 7
`Procedure
`499.(1) The appeal must be made-- 8
(a) if the appeal is about a review decision--within 28 days after the 9
appellant receives the review decision; or 10
(b) if the appeal is about a non-reviewable decision--within 28 days 11
after the appellant receives the notice of the decision stating the 12
reasons for the decision. 13
`(2) For subsection (1)(b), if the notice of the decision did not state the 14
reasons for the decision, the appellant must ask the respondent for the 15
reasons for the decision within 28 days after receiving the notice. 16
`(3) For subsections (1) and (2), the appellant may, within the 28 day 17
periods mentioned in the subsections, ask the respondent to allow further 18
time to appeal. 19
`(4) The appeal may be started only by giving a written notice of appeal 20
to an industrial magistrate. 21
`(5) The notice of appeal must be filed at-- 22
(a) the Magistrates Court nearest to the place where the appellant 23
resides or, if the appellant is an employer, carries on business; or 24
(b) a Magistrates Court agreed to between the respondent and the 25
appellant. 26
`(6) The appellant must, within 14 days after filing the notice of appeal, 27
serve a copy of the notice on-- 28
33 Section 489 (Application of pt 2)
s 45 43 s 45
WorkCover Queensland Amendment
(a) if the appeal is about a review decision--the review unit; or 1
(b) if the appeal is about a non-reviewable decision--WorkCover or 2
the self-insurer. 3
about amount of premium 4
`Appeal
`500.(1) This section applies if an appeal is about an amount of premium 5
specified in a premium notice. 6
`(2) The notice of appeal must state fully the grounds of appeal and the 7
facts relied on. 8
`(3) The appellant is limited to the grounds of appeal stated in the notice. 9
`(4) The appellant must pay the premium specified in the notice before 10
the appellant files the notice of appeal. 11
of time and place for hearing 12
`Notice
`501.(1) The registrar of the Magistrates Court at which the notice of 13
appeal is filed must give the appellant and the respondent (the "parties") 14
written notice of the time and place fixed for the hearing of the matter. 15
`(2) The respondent must, within 28 days after receiving notice of the 16
time and place fixed for the hearing, give the registrar-- 17
(a) all approved forms and statements lodged with the respondent by 18
the appellant; and 19
(b) a statement of facts known to the respondent that are relevant to 20
the matter. 21
`(3) The registrar must make the forms and statements available to the 22
industrial magistrate hearing the matter. 23
`(4) The forms and statements are admissible as evidence at the hearing 24
only if they are admissible under the rules of evidence for the hearing. 25
evidence before hearing 26
`Exchanging
`502.(1) At least 7 days before the hearing, each party must give each 27
other party any relevant document the party wants to adduce as evidence at 28
the hearing. 29
s 45 44 s 45
WorkCover Queensland Amendment
`(2) At the hearing, a party can not rely on a document that was not given 1
to the other party as required by subsection (1), unless the industrial 2
magistrate agrees. 3
hearing 4
`Adjourning
`503.(1) The industrial magistrate may, at any time before or after the 5
start of the hearing, adjourn the hearing if satisfied it could be held more 6
conveniently-- 7
(a) at another place or before another industrial magistrate, having 8
regard to the difficulty or expense of producing witnesses, or for 9
another appropriate reason; or 10
(b) at a future time. 11
`(2) If the magistrate adjourns the hearing to another industrial 12
magistrate-- 13
(a) the magistrate must send the relevant documents to the registrar 14
of the appropriate Magistrates Court; and 15
(b) the other industrial magistrate has jurisdiction to decide the matter 16
as if it had been brought before that magistrate. 17
medical evidence 18
`Additional
`504.(1) This section applies if-- 19
(a) the condition of a claimant or worker who has, or is said to have, 20
sustained an injury is relevant to the appeal; or 21
(b) the cause, nature or extent of the injury or incapacity arising from 22
the injury is relevant to the appeal. 23
`(2) The industrial magistrate may, at any time before or after the start of 24
the hearing, order the claimant or worker to submit to a personal 25
examination by 1 or more specified registered persons. 26
`(3) The industrial magistrate may also, as the magistrate considers 27
appropriate, make an order about-- 28
(a) the way, time and place of the examination; and 29
(b) costs of the application for the order and of the examination. 30
s 45 45 s 45
WorkCover Queensland Amendment
`(4) An opinion formed on the examination must be given to the 1
respondent and the respondent must make the opinion available to the 2
appellant. 3
`(5) Subsection (6) applies if the claimant or worker-- 4
(a) fails, without reasonable excuse, to attend for the examination at 5
the time and place ordered by the magistrate; or 6
(b) having attended, refuses to be examined by a registered person; or 7
(c) obstructs, or attempts to obstruct, the examination. 8
`(6) Any entitlement the claimant or worker may have to compensation is 9
suspended until the claimant or worker undergoes the examination. 10
defects in proceedings 11
`Correcting
`505.(1) For the proper hearing of an appeal, the industrial magistrate 12
may order-- 13
(a) anything necessary be supplied; or 14
(b) defects or errors be corrected. 15
`(2) The magistrate may make the order at any time before or after the 16
start of the hearing. 17
`(3) The order may be made on conditions. 18
`(4) Costs of the order are in the magistrate's discretion, except to the 19
extent provided under a regulation. 20
`(5) All parties concerned must comply with the order. 21
of industrial magistrate 22
`Powers
`506.(1) In deciding an appeal, the industrial magistrate may-- 23
(a) confirm the decision; or 24
(b) vary the decision; or 25
(c) set aside the decision and substitute another decision; or 26
(d) set aside the decision and return the matter to the respondent with 27
the directions the magistrate considers appropriate. 28
s 45 46 s 45
WorkCover Queensland Amendment
`(2) If the magistrate acts under subsection (1)(b) or (c), the decision is 1
taken for this Act, other than this part, to be the decision of WorkCover or 2
the self-insurer. 3
`(3) Costs of the hearing are in the magistrate's discretion, except to the 4
extent provided under a regulation. 5
of industrial magistrate 6
`Decision
`507. The industrial magistrate must give-- 7
(a) the magistrate's decision in a hearing in open court; and 8
(b) a written copy of the decision to each party. 9
of costs 10
`Recovery
`508.(1) If the industrial magistrate makes an order for costs, the amount 11
ordered to be paid is a debt payable to the party in whose favour the order is 12
made. 13
`(2) The order may be filed in the registry of a court of competent 14
jurisdiction. 15
`(3) On being filed, the order-- 16
(a) is taken to be an order properly made by the court; and 17
(b) may be enforced as an order made by the court. 18
from industrial magistrate to Industrial Court 19
`Appeal
`509.(1) A party aggrieved by the industrial magistrate's decision may 20
appeal to the Industrial Court. 21
`(2) The appeal must be lodged as required under the Industrial Court 22
rules. 23
`(3) The appeal is by way of rehearing on the evidence and proceedings 24
before the magistrate, unless the court orders additional evidence be heard. 25
`(4) The court's decision is final. 26
s 45 47 s 45
WorkCover Queensland Amendment
of Industrial Court 1
`Powers
`510.(1) In deciding an appeal, the Industrial Court may-- 2
(a) confirm the decision; or 3
(b) vary the decision; or 4
(c) set aside the decision and substitute another decision. 5
`(2) If the court acts under subsection (1)(b) or (c), the decision is taken 6
for this Act, other than this part, to be the decision of WorkCover or the 7
self-insurer. 8
about amount of premium 9
`Decision
`511.(1) If the decision appealed against is about an amount of premium, 10
the premium assessed by an industrial magistrate or the Industrial Court is 11
the premium payable by the employer. 12
`(2) If the premium paid by the employer as a condition of the appeal to 13
an industrial magistrate is more than the premium assessed by the industrial 14
magistrate or Industrial Court, WorkCover must refund the difference to the 15
employer. 16
about payment of compensation 17
`Decision
`512.(1) This section applies if an industrial magistrate or the Industrial 18
Court decides that WorkCover or a self-insurer is not liable to make 19
payments of compensation to a person. 20
`(2) The person who received compensation is not required to refund 21
payment to WorkCover or the self-insurer. 22
`(3) Subsection (2) is subject to section 486.34 23
`Division 2--Appeal to court of competent jurisdiction 24
34 Section 486 (Fraud and related offences end entitlement to compensation and
damages)
s 45 48 s 45
WorkCover Queensland Amendment
of div 2 1
`Application
`513. This division applies to the following decisions made by 2
WorkCover-- 3
(a) a decision under section 10735 relating to the issue of a 4
self-insurer's licence; 5
(b) a decision under section 11036 relating to the renewal of a 6
self-insurer's licence; 7
(c) a decision under section 116(2)37 relating to the procedures 8
followed in calculating a self-insurer's outstanding liability; 9
(d) a decision under section 123 38 relating to the cancellation of a 10
self-insurer's licence; 11
(e) a decision under section 13039 to refuse to return all or part of a 12
former self-insurer's bank guarantee or cash deposit. 13
may appeal 14
`Who
`514. An employer or self-insurer aggrieved by the decision may appeal 15
against the decision. 16
appeals 17
`Starting
`515.(1) The appeal may be made to a court with jurisdiction in Brisbane. 18
`(2) The court that has jurisdiction must be decided according to the 19
amount of-- 20
(a) for an appeal against a decision mentioned in section 513(a), (b), 21
35 Section 107 (Decision on application for the issue of a licence)
36 Section 110 (Refusal of application for renewal of a licence)
37 Section 116 (Self-insurer replaces WorkCover in liability for injury)
38 Section 123 (Procedure for cancellation)
39 Section 130 (Return of bank guarantee or cash deposit after cancellation)
s 46 49 s 46
WorkCover Queensland Amendment
(c) or (d)--the employer or self-insurer's deemed premium; or 1
(b) for an appeal against a decision mentioned in section 513(e)--the 2
bank guarantee or cash deposit in dispute. 3
`(3) A court has jurisdiction if the court has jurisdiction for recovery of a 4
debt of the amount. 5
`(4) An appeal may only be made within 28 days after notice of the 6
decision is given to the employer or self-insurer. 7
`(5) The appeal may only be started by-- 8
(a) filing a written notice of appeal with the court stating fully the 9
grounds of the appeal and the facts relied on; and 10
(b) serving a copy of the notice on WorkCover. 11
of court on appeal 12
`Powers
`516.(1) In deciding an appeal, the court-- 13
(a) has the same powers as the decision-maker; and 14
(b) is not bound by the rules of evidence. 15
`(2) An appeal is by way of rehearing. 16
`(3) The court may-- 17
(a) confirm the decision; or 18
(b) set aside the decision and substitute another decision the court 19
considers appropriate; or 20
(c) set aside the decision and return the matter to WorkCover with the 21
directions the court considers appropriate. 22
of decision of court on appeal 23
`Effect
`517. If a court substitutes another decision, the substituted decision is 24
taken for this Act, other than this part, to be WorkCover's decision.'. 25
s 47 50 s 49
WorkCover Queensland Amendment
of s 520 (Disclosure of information) 1
Amendment
Clause 46.(1) Section 520(4) and (5)-- 2
renumber as section 520(5) and (6). 3
(2) Section 520-- 4
insert-- 5
`(4) An insurer may, if asked by another insurer (the "other insurer"), 6
disclose to the other insurer any information it has that is relevant to a claim 7
against the other insurer.'. 8
(3) Section 520(5) (as renumbered), `(3)'-- 9
omit, insert-- 10
`(4)'. 11
(4) Section 520-- 12
insert-- 13
`(7) In this section-- 14
"insurer" means WorkCover or a self-insurer.'. 15
of s 523 (WorkCover's information not actionable) 16
Amendment
Clause 47. Section 523(4), after `119'-- 17
insert-- 18
`or because of a disclosure by WorkCover or a self-insurer under 19
section 520(4)'. 20
of s 551 (Injury under repealed or other former Act) 21
Amendment
Clause 48.(1) Section 551(3), from `in--' to `QOTE'-- 22
omit, insert-- 23
`in QOTE'. 24
(2) Section 551(4)-- 25
omit. 26
s 49 51 s 49
WorkCover Queensland Amendment
of new ch 12 1
Insertion
Clause 49. After section 558-- 2
insert-- 3
HAPTER 12--TRANSITIONAL PROVISIONS 4
`C
FOR WORKCOVER QUEENSLAND 5
AMENDMENT ACT 1999 6
`PART 1--WORKERS AND EMPLOYERS 7
and employers 8
`Workers
`559. The provisions of chapter 1, part 4, divisions 2 and 5, 40 as in force 9
immediately before 1 July 2000, continue to apply to-- 10
(a) an injury sustained by a worker before 1 July 2000; and 11
(b) an assessment of premium for a period before 1 July 2000. 12
ART 2--INJURIES 13
`P
before 1 July 1999 14
`Injury
`560. The provisions of chapter 1, part 4, division 6,41 as in force 15
immediately before 1 July 1999, continue to apply to an injury sustained by 16
a worker before 1 July 1999. 17
40 Chapter 1 (Preliminary), part 4 (Basic concepts), divisions 2 (Workers) and 5
(Employers)
41 Chapter 1 (Preliminary), part 4 (Basic concepts), division 6 (Injuries and
impairment)
s 49 52 s 49
WorkCover Queensland Amendment
`PART 3--SELF-RATING 1
1--Existing self-raters and applicants 2
`Division
of div 1 3
`Application
`561. This division applies if an employer-- 4
(a) was registered as a self-rater immediately before 3 March 1999; 5
or 6
(b) lodged an application to be registered as a self-rater on or before 7
3 March 1999. 8
continues until 30 June 1999 9
`Registration
`562. Chapter 2, part 442 as in force immediately before its repeal, 10
continues to apply to the employer until the end of 30 June 1999 as if the 11
WorkCover Queensland Amendment Act 1999, section 14 43 and part 1 of 12
the schedule to that Act, had not been enacted. 13
for former self-rater 14
`Premium
`563. WorkCover must set the premium payable by a former self-rater 15
under chapter 2 part 344 under a policy for a period of insurance starting on 16
1 July 1999 as if the former self-rater had never been registered as a self- 17
rater. 18
of bank guarantee or cash deposit 19
`Return
`564. WorkCover must return the unconditional bank guarantee or cash 20
42 Chapter 2 (Employer's obligations), part 4 (Self-rating)
43 Section 14 (Omission of ch 2, pt 4)
44 Chapter 2 (Employer's obligations) part 3 (Insurance under WorkCover policies
generally)
s 49 53 s 49
WorkCover Queensland Amendment
deposit lodged by a former self-rater within 90 days after the self-rater stops 1
being a self-rater. 2
2--Self-rater applying to become self-insurer 3
`Division
of div 2 4
`Application
`565. This division applies if-- 5
(a) an employer-- 6
(i) was registered as a self-rater immediately before 3 March 7
1999; or 8
(ii) lodged an application to be registered as a self-rater on or 9
before 3 March 1999; and 10
(b) the employer lodges an application to be licensed as a self-insurer 11
before 1 July 1999. 12
to become self-insurer 13
`Application
`566.(1) The employer is taken to have lodged the application to be 14
licensed as a self-insurer on or before 3 March 1999. 15
`(2) Despite division 1 of this part, chapter 2, part 445 as in force 16
immediately before its repeal, continues to apply to the employer until the 17
end of 31 December 1999 as if the WorkCover Queensland Amendment Act 18
1999, section 14 46 and part 1 of the schedule to that Act, had not been 19
enacted. 20
`(3) Despite subsection (1), that subsection does not affect the day on 21
which WorkCover received the application for the purposes of 22
section 107(1).47 23
45 Chapter 2 (Employer's obligations), part 4 (Self-rating)
46 Section 14 (Omission of ch 2, pt 4)
47 Section 107 (Decision on application for the issue of a licence)
s 49 54 s 49
WorkCover Queensland Amendment
for former self-rater 1
`Premium
`567.(1) This section applies if an employer is registered as a self-rater 2
and does not become licensed as a self-insurer on or before 1 January 2000. 3
`(2) WorkCover must set the premium payable by the former self-rater 4
under chapter 2, part 348 under a policy for a period of insurance starting on 5
1 January 2000 as if the former self-rater had never been registered as a 6
self-rater. 7
residual liability 8
`Self-raters
`568. If WorkCover issues a licence to be a self-insurer to a self-rater on 9
or before 1 January 2000, section 96, 49 as in force immediately before its 10
repeal, applies to the self-rater as if the self-rater's registration had been 11
cancelled. 12
of bank guarantee or cash deposit 13
`Return
`569.(1) If WorkCover issues a licence to be a self-insurer to a self-rater 14
on or before 1 January 2000, section 97,50 as in force immediately before its 15
repeal, applies to the self-rater as if the self-rater's registration had been 16
cancelled. 17
`(2) For section 97(4), chapter 9, as in force immediately before 1 July 18
1999, continues to apply as if the WorkCover Queensland Amendment Act 19
1999, section 4551 had not been enacted. 20
48 Chapter 2 (Employer's obligations), part 3 (Insurance under WorkCover policies
generally)
49 Section 96 (Assessing residual liability after cancellation)
50 Section 97 (Return of bank guarantee or cash deposit after cancellation)
51 Section 45 (Replacement of ch 9)
s 49 55 s 49
WorkCover Queensland Amendment
`PART 4--SELF-INSURANCE 1
of full-time workers 2
`Number
`570.(1) Section 101(a) or 102(b),52 as in force immediately before 3
3 March 1999, continues to apply to an employer if the employer-- 4
(a) was licensed as a self-insurer immediately before 3 March 1999; 5
or 6
(b) lodged an application to be licensed as a self-insurer on or before 7
3 March 1999. 8
`(2) Subsection (1) stops applying to an employer who is a self-insurer if 9
the self-insurer's licence is subsequently cancelled. 10
certificate 11
`OHS
`571.(1) This section applies if an employer-- 12
(a) was licensed as a self-insurer immediately before 3 March 1999; 13
or 14
(b) lodged an application to be licensed as a self-insurer on or before 15
3 March 1999. 16
`(2) Sections 101 and 102, as amended by the WorkCover Queensland 17
Amendment Act 1999, sections 17(2) and (3) and 18(2) and (3),53 only 18
apply to an employer who is licensed as a self-insurer from the day the 19
employer lodges an application for renewal of the licence. 20
`(3) However, subsection (4) applies if a self-insurer's application for 21
renewal of a licence is due to be lodged on or before 3 March 2000. 22
52 Section 101 (Issue and renewal of licence to a single employer)
Section 102 (Issue or renewal of licence to a group employer)
53 Sections 17 (Amendment of s 101 (Issue or renewal of licence to a single
employer)) and 18 (Amendment of s 102 (Issue or renewal of licence to a group
employer))
s 49 56 s 49
WorkCover Queensland Amendment
`(4) Despite the amendment of sections 101 and 102 by the WorkCover 1
Queensland Amendment Act 1999, sections 17(2) and (3) and 18(2) and (3), 2
WorkCover may renew the self-insurer's licence on the condition that the 3
self-insurer gives WorkCover a current OHS certificate within 1 year after 4
the self-insurer lodges the renewal application. 5
liability on or before licence renewal 6
`Outstanding
`572.(1) This section applies if an employer-- 7
(a) was licensed as a self-insurer immediately before 3 March 1999; 8
or 9
(b) lodged an application to be licensed as a self-insurer on or before 10
3 March 1999. 11
`(2) Despite the amendment of section 11654 by the WorkCover 12
Queensland Amendment Act 1999, an employer who is licensed as a 13
selfinsurer is not liable for compensation and damages for the 14
selfinsurer's outstanding liability until the earlier of the following-- 15
(a) if the self-insurer decides to assume the outstanding liability 16
before lodging an application for renewal of the self-insurer's 17
licence--the day WorkCover receives the self-insurer's written 18
notice of the decision; 19
(b) the day the self-insurer's licence is renewed. 20
21
`Surcharge
`573. Despite the amendment of section 11155 by the WorkCover 22
Queensland Amendment Act 1999, a self-insurer must pay a surcharge 23
prescribed under a regulation for this section until the self-insurer becomes 24
liable for compensation and damages under section 116. 25
54 Section 116 (Self-insurer replaces WorkCover in liability for injury)
55 Section 111 (Annual levy payable)
s 49 57 s 49
WorkCover Queensland Amendment
in self-insurer's membership 1
`Change
`574.(1) This section applies despite the amendments of sections 116 and 2
11856 by the WorkCover Queensland Amendment Act 1999 if-- 3
(a) an employer-- 4
(i) was licensed as a self-insurer immediately before 3 March 5
1999; or 6
(ii) lodged an application to be licensed as a self-insurer on or 7
before 3 March 1999; and 8
(b) an employer who is a self-insurer has not become liable for 9
compensation and damages under section 116. 10
`(2) If a member leaves a self-insurer that is a group employer and 11
becomes part of another self-insurer (the "other self-insurer"), the 12
selfinsurer must pay the other self-insurer an amount for the member's 13
residual liability. 14
`(3) For subsection (2), the other self-insurer is liable for compensation 15
and damages for the member's residual liability from the day the member 16
becomes part of the other self-insurer. 17
`(4) If a member leaves a self-insurer that is a group employer and does 18
not become part of another self-insurer, the self-insurer must pay 19
WorkCover an amount for the member's residual liability. 20
`(5) For subsection (4), WorkCover is liable for compensation and 21
damages for the member's residual liability from the day the member 22
leaves the group employer. 23
`(6) If an employer becomes part of a self-insurer, other than under 24
subsection (2), WorkCover must pay the self-insurer an amount for the 25
employer's residual liability. 26
`(7) For subsection (6), the self-insurer is liable for compensation and 27
damages for the member's residual liability from the day the member 28
becomes part of the self-insurer. 29
`(8) The residual liability mentioned in subsection (2), (4) or (6) must 30
be-- 31
56 Sections 116 (Self-insurer replaces WorkCover in liability for injury) and 118
(Change in self-insurer's membership)
s 49 58 s 49
WorkCover Queensland Amendment
(a) calculated under a regulation by an actuary approved by 1
WorkCover; and 2
(b) paid within the time allowed under a regulation. 3
of ongoing costs from former self-insurer 4
`Recovery
`575.(1) This section applies if-- 5
(a) a self-insurer's licence is cancelled; and 6
(b) the self-insurer had not become liable for compensation and 7
damages under section 116 before the cancellation. 8
`(2) Section 128,57 as in force immediately before 3 March 1999, applies 9
to the recovery of costs from the former self-insurer as if the WorkCover 10
Queensland Amendment Act 1999, section 25,58 had not been enacted. 11
residual liability after cancellation 12
`Assessing
`576.(1) This section applies if-- 13
(a) a self-insurer's licence is cancelled; and 14
(b) the self-insurer had not become liable for compensation and 15
damages under section 116 before the cancellation. 16
`(2) Section 129,59 as in force immediately before 3 March 1999, applies 17
to the assessment of the residual liability of the former self-insurer as if the 18
WorkCover Queensland Amendment Act 1999, section 26,60 had not been 19
enacted. 20
57 Section 128 (Recovery of ongoing costs from former self-insurer)
58 Section 25 (Amendment of s 128 (Recovery of ongoing costs from former self-
insurer))
59 Section 129 (Assessing residual liability after cancellation)
60 Section 26 (Amendment of s 129 (Assessing residual liability after
cancellation))
s 50 59 s 50
WorkCover Queensland Amendment
`PART 5--REVIEWS AND APPEALS 1
by WorkCover or self-insurer 2
`Decisions
`577. Chapter 9, as in force immediately before 1 July 1999, continues to 3
apply to a decision made by WorkCover or a self-insurer before 1 July 4
1999 as if the WorkCover Queensland Amendment Act 1999, section 45, 61 5
had not been enacted.'. 6
of new schs 2 and 2A 7
Insertion
Clause 50. After schedule 1-- 8
insert-- 9
CHEDULE 2 10
`S
HO IS A WORKER 11
`W
section 12 12
PART 1--PERSONS WHO ARE WORKERS 13
1. A person who works under a contract, or at piecework rates, for labour 14
only or substantially for labour only. 15
2. A person who works a farm as a sharefarmer if-- 16
(a) the sharefarmer does not provide and use in the sharefarming 17
operations farm machinery driven or drawn by mechanical 18
power; and 19
(b) the sharefarmer is entitled to not more than 1/3 of the proceeds of 20
the sharefarming operations under the sharefarming agreement 21
with the owner of the farm. 22
61 Section 45 (Replacement of ch 9)
s 50 60 s 50
WorkCover Queensland Amendment
3. A salesperson, canvasser, collector or other person ("salesperson") paid 1
entirely or partly by commission, if the commission is not received for or in 2
connection with work incident to a trade or business regularly carried on by 3
the salesperson, individually or by way of a partnership. 4
4. A contractor, other than a contractor mentioned in part 2, section 4 of this 5
schedule, if-- 6
(a) the contractor makes a contract with a some one else for the 7
performance of work that is not incident to a trade or business 8
regularly carried on by the contractor, individually or by way of a 9
partnership; and 10
(b) the contractor-- 11
(i) does not sublet the contract; or 12
(ii) does not employ a worker; or 13
(iii) if the contractor employs a worker, performs part of the 14
work personally. 15
5. A person who is party to a contract of service with another person who 16
lends or lets on hire the person's services to someone else. 17
6. A person who is party to a contract of service with a labour hire agency 18
or a group training scheme that arranges for the person to do work for 19
someone else under an arrangement made between the agency or scheme 20
and the other person. 21
7. A person who is party to a contract of service with a holding company 22
whose services are let on hire by the holding company to another person. 23
PART 2--PERSONS WHO ARE NOT WORKERS 24
1. A person who performs work under a contract of service with-- 25
(a) a corporation of which the person is a director; or 26
(b) a trust of which the person is a trustee; or 27
(c) a partnership of which the person is a member; or 28
s 50 61 s 50
WorkCover Queensland Amendment
(d) the Commonwealth, a Commonwealth authority or a licensed 1
corporation under the Safety Rehabilitation and Compensation Act 2
1988 (Cwlth). 3
2. A person who performs work under a contract of service as a 4
professional sportsperson while-- 5
(a) participating in a sporting or athletic activity as a contestant; or 6
(b) training or preparing for participation in a sporting or athletic 7
activity as a contestant; or 8
(c) performing promotional activities offered to the person because of 9
the person's standing as a sportsperson; or 10
(d) engaging on any daily or other periodic journey in connection 11
with the participation, training, preparation or performance. 12
3. A member of the crew of a fishing vessel if-- 13
(a) the member's entitlement to remuneration is contingent upon the 14
working of the vessel producing gross earnings or profits; and 15
(b) the remuneration is wholly or mainly a share of the gross 16
earnings or profits. 17
4. A person who, in performing work under a contract, other than a contract 18
of service, supplies and uses a motor vehicle for driving tuition. 19
5. A person participating in an approved program or work for 20
unemployment payment under the Social Security Act 1991 (Cwlth), 21
section 601 or 606.62 22
23
62 Social Security Act 1991 (Cwlth), section 601 (Activity test) or 606 (Newstart
Activity Agreements--terms)
s 50 62 s 50
WorkCover Queensland Amendment
CHEDULE 2A 1
`S
ERSONS WHO ARE EMPLOYERS 2
`P
section 32 3
1. A person who lends or lets on hire the services of a worker who is party 4
to a contract of service with that person continues to be the worker's 5
employer while the worker's services are lent or let on hire. 6
2. If a labour hire agency or group training scheme arranges for a worker 7
who is party to a contract of service with the agency or scheme to do work 8
for someone else, the agency or scheme continues to be the worker's 9
employer while the worker does the work for the other person under an 10
arrangement made between the agency or scheme and the other person. 11
3. If a holding company lets on hire the services of a worker who is party to 12
a contract of service with the holding company, the holding company 13
continues to be the worker's employer while the worker's services are let on 14
hire. 15
4. The owner of the farm is the employer of a person who works the farm 16
as a sharefarmer, and any worker employed by the sharefarmer, if-- 17
(a) the sharefarmer does not provide and use in the sharefarming 18
operations farm machinery driven or drawn by mechanical 19
power; and 20
(b) the sharefarmer is entitled to not more than 1/3 of the proceeds of 21
the sharefarming operations under the sharefarming agreement. 22
5. A person by whom commission is payable to a salesperson, canvasser, 23
collector or other person (a "salesperson"), who is paid entirely or partly 24
by commission, is the employer of the salesperson if the commission is not 25
received for or in connection with work incident to a trade or business 26
regularly carried on by the salesperson, individually or by means of a 27
partnership. 28
s 51 63 s 51
WorkCover Queensland Amendment
6. A person is the employer of a contractor (other than a contractor 1
mentioned in schedule 2, part 2, section 4), and any worker employed by 2
the contractor, if-- 3
(a) the person makes a contract with the contractor for the 4
performance of work that is not incident to a trade or business 5
regularly carried on by the contractor, individually or by means of 6
a partnership; and 7
(b) the contractor-- 8
(i) does not sublet the contract; or 9
(ii) does not employ a worker; or 10
(iii) if the contractor employs a worker, performs part of the 11
work under the contract personally. 12
7. If a corporation is a worker's employer and an administrator is appointed 13
under the Corporations Law to administer the corporation, the corporation 14
continues to be the worker's employer while the corporation is under 15
administration.'. 16
of sch 3 (Dictionary) 17
Amendment
Clause 51.(1) Schedule 3, definition "PAYE taxpayer"-- 18
omit. 19
(2) Schedule 3-- 20
insert-- 21
` "OHS certificate", for chapter 2, part 5, means a certificate of 22
occupational health and safety performance issued under the 23
Workplace Health and Safety Act 1995, part 14, division 1A. 24
"outstanding liability" see section 116(1)(b). 25
"residual liability" see section 116(1)(a). 26
"self-insurer's workers" means the workers employed by a self-insurer 27
before the issue of the self-insurer's licence or during the period of the 28
self-insurer's licence. 29
"total liability" see section 118(2).'. 30
s 51 64 s 51
WorkCover Queensland Amendment
(3) Schedule 3-- 1
insert-- 2
` "authorised auditor" see section 523A. 3
"bank guarantee" includes a guarantee given by Queensland Treasury 4
Corporation. 5
"council" means the WorkCover Review Council. 6
"medical condition" means a condition of a medical nature that is not an 7
injury under section 34. 8
"non-reviewable decision" see section 497. 9
"review decision" see section 494. 10
"review unit" see section 403A. 11
"WorkCover Review Council" see section 423A.'. 12
(4) Schedule 3-- 13
insert-- 14
` "arrangement", for schedules 2 and 2A, includes agreement, promise, 15
scheme, transaction, understanding and undertaking (whether express 16
or implied). 17
"group training scheme", for schedules 2 and 2A, see the Vocational 18
Education, Training and Employment Act 1991, section 4.63 19
"holding company" see the Corporations Law, section 9. 20
"labour hire agency", for schedules 2 and 2A, means an entity, other than 21
a holding company, that conducts a business that includes the supply 22
of services of workers to others.'. 23
63 Section 4 provides--
` "group training scheme" means an industrial organisation or a body corporate
that is approved by the State Training Council to employ apprentices or trainees
but which uses the facilities of its members or other employers to train those
apprentices or trainees.'.
s 52 65 s 52
WorkCover Queensland Amendment
of Workplace Health and Safety Act 1995 1
Amendment
Clause 52.(1) This section amends the Workplace Health and Safety Act 1995. 2
(2) After section 182-- 3
insert-- 4
`Division 1A--Certificate of occupational health and safety performance 5
`Application for certificate 6
`182A.(1) An employer or a group employer may apply to the chief 7
executive for a certificate of occupational health and safety performance for 8
the purpose of an application for self-insurance under the WorkCover 9
Queensland Act 1996. 10
`(2) The application must be made in the approved form. 11
`(3) The employer or group employer must pay the fee for the certificate 12
calculated under a regulation before the chief executive issues the certificate. 13
`(4) The chief executive may issue the certificate only if satisfied the 14
employer has met the occupational health and safety performance standards 15
published by the chief executive. 16
`(5) The certificate remains current for 6 months from the day of issue. 17
`(6) In this section-- 18
"employer" see the WorkCover Queensland Act 1996, section 32. 19
"group employer" see the WorkCover Queensland Act 1996, schedule 3.'. 20
21
66
WorkCover Queensland Amendment
SCHEDULE 1
ˇ
MINOR AND CONSEQUENTIAL AMENDMENTS 2
section 3 3
PART 1--SELF-RATING 4
1. Section 5(2)(e), `self-raters or'-- 5
omit. 6
2. Section 58(2), `, other than a self-rater's policy,'-- 7
omit. 8
3. Section 58(6), `, other than a premium under a self-rater's policy,'-- 9
omit. 10
4. Section 483(1)(b), `or self-rater'-- 11
omit. 12
5. Section 483(2) and (3), `, a self-rater'-- 13
omit. 14
6. Section 483(4)(a) and (b), `, the self-rater'-- 15
omit. 16
7. Section 485, `or self-rater'-- 17
omit. 18
67
WorkCover Queensland Amendment
SCHEDULE (continued)
8. Section 519, `, a self-insurer or a self-rater'-- 1
omit, insert-- 2
`or a self-insurer'. 3
9. Section 523(1), `, a self-insurer or a self-rater'-- 4
omit, insert-- 5
`or a self-insurer'. 6
10. Section 523(2), from `, a self-insurer' to `any'-- 7
omit, insert-- 8
`or a self-insurer, or a person acting for either'. 9
11. Section 523(3)-- 10
omit. 11
12. Chapter 11, heading-- 12
omit, insert-- 13
`CHAPTER 11--TRANSITIONAL PROVISIONS 14
FOR WORKCOVER QUEENSLAND ACT 1996'. 15
13. Section 550-- 16
omit. 17
14. Schedule 3, definitions " registered", paragraph (c) and 18
"selfrater"-- 19
omit. 20
68
WorkCover Queensland Amendment
SCHEDULE (continued)
PART 2--OTHER AMENDMENTS 1
1. Section 27(1)(a)-- 2
omit, insert-- 3
`(a) an entitlement to weekly payments of compensation under 4
chapter 3, part 8, division 4, subdivision 3A and division 5, 5
subdivision 2;64 and'. 6
2. Section 66(1)(b), `section 490(4)30'-- 7
omit, insert-- 8
`section 500(3)65'. 9
3. Section 115(5), `by the Insurance and Superannuation 10
Commissioner'-- 11
omit. 12
4. Section 162(2)(a), after `fails'-- 13
insert-- 14
`, without reasonable excuse,'. 15
5. Chapter 3, part 8, division 4, subdivision 1 heading, `sdiv 1'-- 16
omit, insert-- 17
`div 4'. 18
64 Chapter 3 (Compensation), part 8 (Weekly payment of compensation),
division 4 (Entitlement for total incapacity), subdivision 3A (Eligible persons)
and division 5 (Entitlement for partial incapacity) subdivision 2 (Eligible
persons)
65 Section 500 (Appeal about amount of premium)
69
WorkCover Queensland Amendment
SCHEDULE (continued)
6. Section 173, `subdivision 3'-- 1
omit, insert-- 2
`subdivision 3 or 3A66'. 3
7. Chapter 3, part 8, division 4, subdivision 3, heading, `and 4
students'-- 5
omit, insert-- 6
`, students and eligible persons'. 7
8. Section 180, `or a student'-- 8
omit, insert-- 9
`, a student or an eligible person'. 10
9. Section 182(1)(a), `or 181(5)(c)(i)'-- 11
omit, insert-- 12
`, 181(5)(c)(i) or 181B(1)(c)(i)'. 13
10. Section 182(1)(b), `or 181(5)(c)(ii)'-- 14
omit, insert-- 15
`181(5)(c)(ii) or 181B(1)(c)(ii)'. 16
11. Section 183, heading, `div 5'-- 17
omit, insert-- 18
`sdiv 1'. 19
66 Subdivision 3 (Persons entitled to compensation other than workers, students and
eligible persons) or 3A (Eligible persons)
70
WorkCover Queensland Amendment
SCHEDULE (continued)
12. Section 183, `division'-- 1
omit, insert-- 2
`subdivision'. 3
13. Section 183, after `worker's'-- 4
insert-- 5
`or person's'. 6
14. Section 183, after `worker'-- 7
insert-- 8
`or person'. 9
15. Section 184(1), after `worker'-- 10
insert-- 11
`or person'. 12
16. Section 185, heading, after `worker'-- 13
insert-- 14
`or person'. 15
17. Section 185(1) and (2), after `worker'-- 16
insert-- 17
`or person'. 18
18. Section 185(1) and (2), after `worker's'-- 19
insert-- 20
`or person's'. 21
71
WorkCover Queensland Amendment
SCHEDULE (continued)
19. Section 447(2)(a), after `fails'-- 1
insert-- 2
`, without reasonable excuse,'. 3
20. Section 451(1)(a), after `fails'-- 4
insert-- 5
`, without reasonable excuse,'. 6
21. After section 523-- 7
insert-- 8
`PART 1A--AUDITS'. 9
22. Schedule 1, section 1, `surcharges,'-- 10
omit. 11
12
© State of Queensland 1999
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