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Queensland
WORKCOVER
QUEENSLAND AND OTHER
ACTS AMENDMENT BILL
2000
Queensland
WORKCOVER QUEENSLAND AND
OTHER ACTS AMENDMENT BILL 2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--AMENDMENT OF WORKCOVER QUEENSLAND ACT
1996
3 Act amended in pt 2 and sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4 Amendment of s 5 (Workers' compensation scheme) . . . . . . . . . . . . . . . . . 9
5 Replacement of s 111 (Annual levy payable) . . . . . . . . . . . . . . . . . . . . . . . . 9
111 Annual levy payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Insertion of new ch 2, pt 5, div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2A--Change to membership of selfinsurer
118 Change in self-insurer's membership . . . . . . . . . . . . . . . . . . . . . . . . . 10
118A Consequences of change in selfinsurer's membership . . . . . . . . . . 11
118B Continuation of membership in particular circumstances . . . . . . . . 12
7 Amendment of s 119 (Powers of self-insurers) . . . . . . . . . . . . . . . . . . . . . . . 12
8 Amendment of s 147 (Entitlements of seafarers) . . . . . . . . . . . . . . . . . . . . . 13
9 Amendment of s 152 (Entitlements for industrial deafness) . . . . . . . . . . . . 13
10 Amendment of s 167 (Maximum entitlement) . . . . . . . . . . . . . . . . . . . . . . . 13
11 Amendment of s 168 (Time from which compensation payable) . . . . . . . . 13
12 Insertion of new ch 3, pt 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 7A--COMPENSATION FOR DAY OF INJURY
168A Application of pt 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
168B Definition for pt 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2
WorkCover Queensland and Other Acts
Amendment
168C When employer must pay worker for day of injury . . . . . . . . . . . . . . 14
13 Amendment of s 237 (Extent of liability for travelling expenses) . . . . . . . . 15
14 Amendment of s 243 (Employer's obligation to appoint
rehabilitation coordinator) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
15 Amendment of s 425 (Assessment tribunals to be maintained) . . . . . . . . . . 16
16 Amendment of s 426 (General Medical Assessment Tribunal) . . . . . . . . . . 16
17 Omission of ss 427 and 428 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
18 Amendment of s 429 (Chairperson and deputy chairperson of
General Medical Assessment Tribunal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
19 Amendment of s 430 (Constitution of General Medical
Assessment Tribunal for reference) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
20 Replacement of ss 431434 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
431 Panel for specialty medical assessment tribunal . . . . . . . . . . . . . . . 18
432 Chairperson and deputy chairperson of specialty medical
assessment tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
433 Specialty medical assessment tribunal . . . . . . . . . . . . . . . . . . . . . . . 19
434 Conditions of appointment to tribunal . . . . . . . . . . . . . . . . . . . . . . . . 19
21 Amendment of s 437 (Reference to tribunals) . . . . . . . . . . . . . . . . . . . . . . . 20
22 Insertion of new s 445A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
445A Assessment of additional compensation for prescribed
disfigurement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
23 Omission of ch 7, pt 4 (Prescribed disfigurement assessment tribunal) . . . 21
24 Replacement of s 467 (Entry to workplaces) . . . . . . . . . . . . . . . . . . . . . . . . 21
467 Entry to workplaces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
25 Insertion of new s 472A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
472A General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . 21
26 Amendment of s 484 (Particular acts taken to be fraud) . . . . . . . . . . . . . . . 22
27 Replacement of s 485 (Duty to report fraud) . . . . . . . . . . . . . . . . . . . . . . . . . 22
485 Duty to report fraud or false or misleading information or
documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
3
WorkCover Queensland and Other Acts
Amendment
28 Insertion of new ch 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
CHAPTER 13--TRANSITIONAL PROVISIONS FOR
WORKCOVER QUEENSLAND AND OTHER ACTS AMENDMENT
ACT 2000
PART 1--INJURIES
580 Injury before commencement of amending Act . . . . . . . . . . . . . . . . 23
PART 2--SELF-INSURANCE
Division 1--Bank guarantee
581 Self-insurer's bank guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 2--Application by related bodies corporate group employer
582 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
583 Variation of s 102 for particular purposes . . . . . . . . . . . . . . . . . . . . . 25
PART 3--MEDICAL ASSESSMENT TRIBUNALS
584 General Medical Assessment Tribunal . . . . . . . . . . . . . . . . . . . . . . . 26
585 Specialty medical assessment tribunals . . . . . . . . . . . . . . . . . . . . . . 26
586 Prescribed disfigurement assessment tribunal . . . . . . . . . . . . . . . . . . 27
29 Amendment of sch 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
PART 3--AMENDMENT OF BUILDING AND CONSTRUCTION
INDUSTRY (PORTABLE LONG SERVICE LEAVE) ACT 1991
30 Act amended in pt 3 and sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
31. Amendment of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
32 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
33 Insertion of new s 3AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
3AA Meaning of "building and construction industry" . . . . . . . . . . . . . . . 29
34 Amendment of s 3A (Meaning of "eligible worker") . . . . . . . . . . . . . . . . . . 31
35 Amendment of s 9 (Authority's functions) . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
36 Amendment of s 37 (Authority to keep register of workers) . . . . . . . . . . . . 32
37 Replacement of s 40 (Date of registration) . . . . . . . . . . . . . . . . . . . . . . . . . . 33
40 When person becomes a registered worker . . . . . . . . . . . . . . . . . . . . 33
38 Amendment of s 43 (Application for registration) . . . . . . . . . . . . . . . . . . . . 34
39 Amendment of s 45 (Employer to notify authority of any change
in circumstance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
4
WorkCover Queensland and Other Acts
Amendment
40 Insertion of new s 46A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
46A Authority may require information or documents from
person believed to be employer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
41 Amendment of s 47 (Certificate of service to be supplied by
employers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
42 Insertion of new s 51A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
51A Service credits for injured workers . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
43 Amendment of s 52 (Limitations on service credits) . . . . . . . . . . . . . . . . . . 35
44 Amendment of s 56 (Application for entitlement to long service leave) . . 36
45 Amendment of s 57 (Entitlement to long service leave) . . . . . . . . . . . . . . . 36
46 Omission of s 58 (Workers not to carry out certain building and
construction work during leave) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
47 Amendment of s 59 (Amount of long service leave payment) . . . . . . . . . . 37
48 Amendment of s 62 (Payments to employers) . . . . . . . . . . . . . . . . . . . . . . . 37
49 Insertion of new s 62A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
62A Payment to worker or personal representative instead of
employer in particular circumstances . . . . . . . . . . . . . . . . . . . . . . . . 38
50 Amendment of s 67 (Notification of building and construction work) . . . . 40
51 Amendment of s 68 (Offence for failure to pay levy) . . . . . . . . . . . . . . . . . . 40
52 Insertion of new s 68A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
68A Deciding who is person for whom work is to be done or
was to be done . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
53 Replacement of ss 7375 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
73 Meaning of "cost" of building and construction work . . . . . . . . . . . 41
74 Liability for levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
75 When levy is payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
54 Amendment of s 76 (Government entity to notify of building and
construction work) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
55 Amendment of s 77 (Duty of assessment manager to sight
approved form) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
56 Omission of s 78 (Building and construction work for public authority) . . . 43
57 Replacement of s 80 (Additional provisions about levy) . . . . . . . . . . . . . . . 43
80 Additional provisions about levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
58 Amendment of s 82 (Payment of levy by instalments) . . . . . . . . . . . . . . . . 44
5
WorkCover Queensland and Other Acts
Amendment
59 Amendment of s 84 (Interest on, and extension of time for
payment of, levy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
60 Amendment of s 92 (Keeping, and inspection, of books and records) . . . . 45
61 Amendment of s 95 (Authorised officers) . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
62 Amendment of s 97 (Entry and search--monitoring compliance) . . . . . . . . 46
63 Amendment of s 99 (General powers of authorised officer in
relation to places) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
64. Amendment of s 102 (Obstruction etc. of authorised officers) . . . . . . . . . . . 46
65 Amendment of s 103 (False or misleading statements) . . . . . . . . . . . . . . . . 47
66 Amendment of s 106 (Certain persons liable for offences by
unincorporated bodies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
67 Amendment of s 111 (Protection of worker from dismissal) . . . . . . . . . . . . 47
68 Insertion of new s 111A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
111A Penalties to be paid to authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
69 Insertion of new pt 11, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 3--Transitional provision for WorkCover Queensland and
Other Acts Amendment Act 2000
119 Government apprentices and trainees . . . . . . . . . . . . . . . . . . . . . . . . 48
PART 4--AMENDMENT OF INDUSTRIAL RELATIONS ACT
1999
70 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
71 Amendment of s 725 (Orders and determinations under the
Vocational Education, Training and Employment Act 1991) . . . . . . . . . . . 49
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 51
CONSEQUENTIAL AND MINOR AMENDMENTS OF
WORKCOVER QUEENSLAND ACT 1996
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 53
CONSEQUENTIAL AND MINOR AMENDMENTS OF BUILDING
AND CONSTRUCTION INDUSTRY (PORTABLE LONG
SERVICE LEAVE) ACT 1991
2000
A BILL
FOR
An Act to amend the WorkCover Queensland Act 1996, the Building
and Construction (Portable Long Service Leave) Act 1991 and the
Industrial Relations Act 1999
s1 8 s2
WorkCover Queensland and Other Acts
Amendment
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
Clause 1. This Act may be cited as the WorkCover Queensland and Other Acts 4
Amendment Act 2000. 5
6
Commencement
Clause 2.(1) Part 3 and schedule 2 commence on 1 January 2001. 7
(2) Section 5 commences on 1 July 2001. 8
(3) The following provisions are taken to have commenced on 17 9
October 2000-- 10
· section 6 11
· section 28 (to the extent it inserts sections 582 and 583 into the 12
WorkCover Queensland Act 1996). 13
(4) The following provisions commence on a day to be fixed by 14
proclamation-- 15
· section 7(2) 16
· section 20 (to the extent it inserts sections 431 to 433 into the 17
WorkCover Queensland Act 1996) 18
· sections 21(2), 22 and 23 19
· section 28 (to the extent it inserts sections 585 and 586 into the 20
WorkCover Queensland Act 1996) 21
· schedule 1, item 4. 22
s3 9 s5
WorkCover Queensland and Other Acts
Amendment
ART 2--AMENDMENT OF WORKCOVER 1
P
QUEENSLAND ACT 1996 2
amended in pt 2 and sch 1 3
Act
Clause 3. This part and schedule 1 amend the WorkCover Queensland Act 1996. 4
of s 5 (Workers' compensation scheme) 5
Amendment
Clause 4.(1) Section 5(6)-- 6
renumber as section 5(7). 7
(2) Section 5-- 8
insert-- 9
`(6) The reserves established under section 415 1 are not to be taken into 10
account in determining solvency under subsection (5).'. 11
of s 111 (Annual levy payable) 12
Replacement
Clause 5. Section 111-- 13
omit, insert-- 14
levy payable 15
`Annual
`111.(1) A self-insurer must pay a levy for each financial year or part of a 16
financial year of a licence. 17
`(2) The levy may include an amount that relates to the amount paid by 18
WorkCover under section 237(2) 2 for transportation of self-insurers' 19
workers by ambulance vehicle provided by the Queensland Ambulance 20
Service. 21
`(3) A regulation must prescribe the way the levy is calculated. 22
`(4) The levy is to be set at the rate specified by WorkCover and 23
1 Section 415 (Reserves)
2 Section 237 (Extent of liability for travelling expenses)
s6 10 s6
WorkCover Queensland and Other Acts
Amendment
approved by the Minister for each financial year. 1
`(5) WorkCover must recommend the rate for each financial year to the 2
Minister. 3
`(6) WorkCover must consult with the Minister before giving the 4
recommendation. 5
`(7) WorkCover must publish the rate approved by the Minister in the 6
industrial gazette. 7
`(8) WorkCover must give a self-insurer written notice of the amount of 8
the levy. 9
`(9) The self-insurer must pay the levy on or before the due date shown 10
in the notice. 11
`(10) If a self-insurer is aggrieved by WorkCover's decision about the 12
amount of levy payable, the self-insurer may apply to have the decision 13
reviewed under chapter 9.'. 14
of new ch 2, pt 5, div 2A 15
Insertion
Clause 6. Section 118-- 16
omit, insert-- 17
` Division 2A--Change to membership of selfinsurer 18
in self-insurer's membership 19
`Change
`118.(1) If a self-insurer that is a group employer intends to change the 20
membership of the group, the selfinsurer must, before the change, apply to 21
WorkCover in writing for the change in the group membership on the 22
licence. 23
`(2) WorkCover must approve the application if it is satisfied that-- 24
(a) the self-insurer, after the change, meets the requirements for a 25
licence for a group employer; and 26
(b) satisfactory arrangements have been made in relation to the total 27
of the residual liability and outstanding liability ("total liability") 28
of the member or members leaving. 29
s6 11 s6
WorkCover Queensland and Other Acts
Amendment
`(3) However, subsection (4) applies if-- 1
(a) the application is made by a selfinsurer that is a related bodies 2
corporate group employer; and 3
(b) within 2 months after the application, members of the self-insurer 4
that are a group employer apply, under section 99 (the 5
"section 99 application"), to be a self-insurer as a related bodies 6
corporate group employer. 7
`(4) WorkCover must approve the application if it is satisfied that the 8
self-insurer, after the change, meets the requirements for a licence for a 9
group employer and-- 10
(a) WorkCover has decided to approve the section 99 application; or 11
(b) if WorkCover has decided not to approve the section 99 12
application, it is satisfied that satisfactory arrangements have been 13
made in relation to the total liability of the applicants for the 14
section 99 application. 15
of change in selfinsurer's membership 16
`Consequences
`118A.(1) If a member leaves a self-insurer that is a group employer and 17
becomes part of another self-insurer (the "other self-insurer"), the 18
selfinsurer must pay the other self-insurer an amount for the member's 19
total liability. 20
`(2) For subsection (1), the other self-insurer is liable for compensation 21
and damages for the member's total liability from the day WorkCover 22
approves the application from the other self-insurer for a change in its group 23
membership. 24
`(3) If members leave a self-insurer that is a related bodies corporate 25
group employer and become a self-insurer that is a related bodies corporate 26
group employer (the "new self-insurer"), the self-insurer must pay the 27
new self-insurer an amount for the members' total liability. 28
`(4) For subsection (3), the new self-insurer is liable for compensation 29
and damages for its total liability from the day WorkCover approves the 30
new selfinsurer's application to be a selfinsurer. 31
`(5) If a member leaves a self-insurer that is a group employer and does 32
s7 12 s7
WorkCover Queensland and Other Acts
Amendment
not become part of another self-insurer, the self-insurer must pay 1
WorkCover an amount for the member's total liability. 2
`(6) For subsection (5), WorkCover is liable for compensation and 3
damages for the member's total liability from the day WorkCover approves 4
the application for a change in the group membership. 5
`(7) If an employer becomes part of a self-insurer, other than under 6
subsection (1), WorkCover must pay the self-insurer an amount for the 7
employer's total liability. 8
`(8) For subsection (7), the self-insurer is liable for compensation and 9
damages for the employer's total liability from the day WorkCover 10
approves the application for a change in the group membership. 11
`(9) The total liability mentioned in subsection (1), (3), (5) or (7) must 12
be-- 13
(a) calculated in the way prescribed under a regulation by an actuary 14
approved by WorkCover; and 15
(b) paid within the time allowed under a regulation. 16
of membership in particular circumstances 17
`Continuation
`118B. If there is a change in the membership of a self-insurer that is a 18
group employer, it is declared that each member of the group immediately 19
before the change is taken to continue as a member of the group for the 20
purposes of the Act until WorkCover approves an application for a change 21
in the group membership on the licence under section 118.'. 22
of s 119 (Powers of self-insurers) 23
Amendment
Clause 7.(1) Section 119(1)(a)(ii), after `235(3)(a)'-- 24
insert-- 25
`, 237(2)'. 26
(2) Section 119(1)(a)(iv), `, and section 450'-- 27
omit. 28
s8 13 s 11
WorkCover Queensland and Other Acts
Amendment
of s 147 (Entitlements of seafarers) 1
Amendment
Clause 8.(1) Section 147(1)(b)(i), `interstate or'-- 2
omit. 3
(2) Section 147(2), from `interstate' to 'Australia'-- 4
omit. 5
(3) Section 147(2), `, section 20A'-- 6
omit. 7
of s 152 (Entitlements for industrial deafness) 8
Amendment
Clause 9. Section 152(1), `section 229(1)(a)'-- 9
omit, insert-- 10
`sections 229(1)(a) and 237(1)3'. 11
of s 167 (Maximum entitlement) 12
Amendment
Clause 10. Section 167-- 13
insert-- 14
`(4) In subsection (1)-- 15
"compensation" does not include compensation provided for under 16
part 7A.'. 17
of s 168 (Time from which compensation payable) 18
Amendment
Clause 11. Section 168(3)-- 19
omit, insert-- 20
`(3) Subsections (1) and (2) are not intended to limit any availability for 21
3 Section 229 (Extent of liability for medical treatment)
Section 237 (Extent of liability for travelling expenses)
s 12 14 s 12
WorkCover Queensland and Other Acts
Amendment
compensation for the day of injury provided for under part 7A. 1
`(4) Subsection (2) is subject to section 158(2).4'. 2
of new ch 3, pt 7A 3
Insertion
Clause 12. After section 168-- 4
insert-- 5
`PART 7A--COMPENSATION FOR DAY OF INJURY 6
of pt 7A 7
`Application
`168A. This part applies only if, under an industrial instrument, a worker 8
is not entitled to be paid for the whole of the day on which the worker stops 9
work because of an injury. 10
for pt 7A 11
`Definition
`168B. In this part-- 12
"compensation under this part" means an amount equal to the amount 13
the worker would have received from the worker's employment for 14
the day on which the worker stops work because of an injury if the 15
worker were at work and the injury had not been sustained. 16
employer must pay worker for day of injury 17
`When
`168C.(1) For the day the worker stops work because of the injury, the 18
worker is entitled to compensation under this part for the injury. 19
`(2) Despite section 135A,5 the employer must pay the compensation. 20
`(3) The amount of compensation under this part that is payable is in 21
addition to any other compensation payable to the worker under this Act. 22
`(4) The day for which compensation under this part is payable is not to 23
4 Section 158 (Time for applying)
5 Section 135A (Who must pay compensation)
s 13 15 s 13
WorkCover Queensland and Other Acts
Amendment
be included in the excess period under section 70.6'. 1
of s 237 (Extent of liability for travelling expenses) 2
Amendment
Clause 13.(1) Section 237(3) to (5)-- 3
renumber as section 237(5) to (7). 4
(2) Section 237(2)-- 5
omit, insert-- 6
`(2) WorkCover must pay the cost of the worker's transportation by 7
ambulance vehicle provided by the Queensland Ambulance Service, 8
irrespective of distance, if the transportation-- 9
(a) for transportation first provided immediately after the injury is 10
sustained--is from the place where the injury is sustained to a 11
place where appropriate medical treatment is available to seek the 12
treatment; or 13
(b) for transportation subsequently provided--is certified in writing 14
by a doctor as necessary because of the worker's physical 15
condition resulting from the injury. 16
`(3) WorkCover must also pay the cost of the worker's transportation by 17
ambulance vehicle not provided by the Queensland Ambulance Service, 18
irrespective of distance, if the transportation-- 19
(a) for transportation first provided immediately after the injury is 20
sustained--is from the place where the injury is sustained to a 21
place where appropriate medical treatment is available to seek the 22
treatment; or 23
(b) for transportation subsequently provided--is certified in writing 24
by a doctor as necessary because of the worker's physical 25
condition resulting from the injury. 26
`(4) The cost of transportation by ambulance vehicle that WorkCover 27
must pay is-- 28
(a) the cost WorkCover accepts as reasonable, having regard to the 29
6 Section 70 (Employer's liability for excess period)
s 14 16 s 16
WorkCover Queensland and Other Acts
Amendment
relevant table of costs; or 1
(b) if there is no relevant table of costs--the cost WorkCover 2
approves.'. 3
(3) Section 237(6), as renumbered, `subsection (2), (3) and (5)'-- 4
omit, insert-- 5
`subsections (2), (3), (4), (5) and (7)'. 6
(4) Section 237(7), as renumbered, `(4)(a)'-- 7
omit, insert-- 8
`(6)(a)'. 9
of s 243 (Employer's obligation to appoint rehabilitation 10
Amendment
coordinator) 11
Clause 14. Section 243-- 12
insert-- 13
`(5) A rehabilitation coordinator is not civilly liable for an act done, or an 14
omission made, in giving effect to the workplace rehabilitation policy and 15
procedures of an employer. 16
`(6) If subsection (5) prevents a civil liability attaching to a rehabilitation 17
officer, the liability attaches instead to the employer.'. 18
of s 425 (Assessment tribunals to be maintained) 19
Amendment
Clause 15. Section 425-- 20
insert-- 21
`(g) Disfigurement Assessment Tribunal.'. 22
of s 426 (General Medical Assessment Tribunal) 23
Amendment
Clause 16.(1) Section 426(2), `16 doctors as members of'-- 24
omit, insert-- 25
`doctors who may be designated to'. 26
s 17 17 s 19
WorkCover Queensland and Other Acts
Amendment
(2) Section 426(4)-- 1
omit, insert-- 2
`(4) The panel must consist of-- 3
(a) at least 3 physicians; and 4
(b) at least 1 of each of the following specialists-- 5
(i) vascular surgeon; 6
(ii) general surgeon; 7
(iii) urologist; 8
(iv) psychiatrist; 9
(v) gynaecologist; 10
(vi) thoracic physician; 11
(vii) rheumatologist.'. 12
of ss 427 and 428 13
Omission
Clause 17. Sections 427 and 428-- 14
omit. 15
of s 429 (Chairperson and deputy chairperson of 16
Amendment
General Medical Assessment Tribunal) 17
Clause 18. Section 429(1), `another 2'-- 18
omit, insert-- 19
`2 or more other'. 20
of s 430 (Constitution of General Medical Assessment 21
Amendment
Tribunal for reference) 22
Clause 19.(1) Section 430(3) and (4)-- 23
omit. 24
s 20 18 s 20
WorkCover Queensland and Other Acts
Amendment
(2) Section 430(5)-- 1
renumber as section 430(3). 2
of ss 431434 3
Replacement
Clause 20. Sections 431 to 434-- 4
omit, insert-- 5
for specialty medical assessment tribunal 6
`Panel
`431.(1) For each specialty medical assessment tribunal the Governor in 7
Council, by gazette notice, may appoint, for a stated period of not more than 8
3 years, a panel of doctors for designation to the tribunal. 9
`(2) Each appointee to the panel for the Disfigurement Assessment 10
Tribunal must be a specialist in plastic and reconstructive surgery. 11
`(3) Each appointee to the panel for any other specialty medical 12
assessment tribunal must be a specialist in the specialty with which the 13
tribunal is concerned. 14
and deputy chairperson of specialty medical assessment 15
`Chairperson
tribunal 16
`432.(1) The Governor in Council, by gazette notice, may appoint-- 17
(a) 1 of the specialists appointed to the panel for a specialty medical 18
assessment tribunal as chairperson of the tribunal; and 19
(b) at least 1 other specialist appointed to the panel as a deputy 20
chairperson of the tribunal. 21
`(2) If the chairperson is not available to attend to the business of the 22
tribunal-- 23
(a) if there is only 1 deputy chairperson of the tribunal--the deputy 24
chairperson must act as its chairperson; or 25
(b) if there is more than 1 deputy chairperson of the tribunal--a 26
deputy chairperson designated by the chairperson must act as its 27
chairperson. 28
`(3) It is to be presumed that a deputy chairperson has acted with proper 29
s 20 19 s 20
WorkCover Queensland and Other Acts
Amendment
authority each time the deputy chairperson has acted as chairperson of the 1
tribunal, unless the contrary is proved. 2
medical assessment tribunal 3
`Specialty
`433.(1) For deciding a matter referred to it, a specialty medical 4
assessment tribunal is formed by-- 5
(a) its chairperson; and 6
(b) 2 appointees to the panel for the tribunal, including persons 7
appointed to the panel as deputy chairpersons, designated by the 8
chairperson. 9
`(2) The chairperson must preside over meetings of a specialty medical 10
assessment tribunal. 11
of appointment to tribunal 12
`Conditions
`434.(1) An appointee to a panel for a tribunal is to be paid the 13
remuneration and allowances decided by the Governor in Council. 14
`(2) The appointee holds office for the period stated in the gazette notice 15
on the conditions, not otherwise provided for by this Act, decided by the 16
Governor in Council. 17
`(3) The office of an appointee to a panel becomes vacant if the 18
appointee-- 19
(a) resigns by signed notice given to the Minister; or 20
(b) becomes incapable of discharging the appointee's duties; or 21
(c) is removed from office by signed notice from the Minister given 22
in accordance with the conditions of the appointee's appointment; 23
or 24
(d) becomes an employee of either WorkCover or a self-insurer. 25
`(4) In this section-- 26
"tribunal " means-- 27
s 21 20 s 22
WorkCover Queensland and Other Acts
Amendment
(a) the General Medical Assessment Tribunal; or 1
(b) a specialty medical assessment tribunal.'. 2
of s 437 (Reference to tribunals) 3
Amendment
Clause 21.(1) Section 437(e)-- 4
omit, insert-- 5
`(e) a worker's permanent impairment under section 197;7 6
(ea) a worker's permanent impairment under section 265(3)(c);8'. 7
(2) Section 437-- 8
insert-- 9
`(i) a worker's disfigurement as a result of injury.'. 10
of new s 445A 11
Insertion
Clause 22. After section 445-- 12
insert-- 13
of additional compensation for prescribed disfigurement 14
`Assessment
`445A.(1) This section applies on a reference to the Disfigurement 15
Assessment Tribunal under section 437(i). 16
`(2) The tribunal must assess, by personal examination of the worker-- 17
(a) whether the disfigurement is prescribed disfigurement; and 18
(b) if it assesses the disfigurement to be prescribed disfigurement, the 19
degree of permanent impairment resulting from the 20
disfigurement. 21
`(3) The tribunal must assess the degree of the permanent impairment in 22
the way prescribed under a regulation.'. 23
7 Section 197 (Assessment of permanent impairment)
8 Section 265 (Access to damages if no previous application for compensation)
s 23 21 s 25
WorkCover Queensland and Other Acts
Amendment
of ch 7, pt 4 (Prescribed disfigurement assessment tribunal) 1
Omission
Clause 23. Chapter 7, part 4-- 2
omit. 3
of s 467 (Entry to workplaces) 4
Replacement
Clause 24. Section 467-- 5
omit, insert-- 6
to workplaces 7
`Entry
`467. An authorised person may, at any reasonable time, enter a 8
workplace to monitor or enforce compliance with this Act.'. 9
of new s 472A 10
Insertion
Clause 25. After section 472-- 11
insert-- 12
powers after entering places 13
`General
`472A.(1) This section applies to an authorised person who enters a place 14
under this Act. 15
`(2) If the authorised person enters a place under a warrant, this section 16
applies subject to the warrant. 17
`(3) For monitoring or enforcing compliance with this Act, the authorised 18
person may-- 19
(a) search any part of the place; or 20
(b) examine, inspect, photograph or film anything in or on the place; 21
or 22
(c) take extracts from, or copy, a document in or on the place; or 23
(d) take into or onto the place any persons, equipment and materials 24
the authorised person reasonably requires for exercising a power 25
under this Act; or 26
(e) require the occupier of the place, or a person at the place, to give 27
s 26 22 s 27
WorkCover Queensland and Other Acts
Amendment
the authorised person reasonable help to exercise the authorised 1
person's powers under paragraphs (a) to (d). 2
`(4) When making a requirement mentioned in subsection (3)(e), the 3
authorised person must warn the person it is an offence to fail to comply 4
with the requirement, unless the person has a reasonable excuse. 5
`(5) A person required to give reasonable help under subsection (3)(e) 6
must comply with the requirement, unless the person has a reasonable 7
excuse. 8
Maximum penalty--50 penalty units. 9
`(6) If the help required to be given is answering a question or producing 10
a document, it is a reasonable excuse for the person to fail to comply with 11
the requirement if complying with it might tend to incriminate the person.'. 12
of s 484 (Particular acts taken to be fraud) 13
Amendment
Clause 26. Section 484(1)(b)-- 14
omit, insert-- 15
`(b) engages in a calling; and 16
(c) without reasonable excuse, does not inform WorkCover or the 17
self-insurer, in the way stated under section 1639, of the person's 18
engagement in the calling.'. 19
of s 485 (Duty to report fraud) 20
Replacement
Clause 27. Section 485-- 21
omit, insert-- 22
to report fraud or false or misleading information or documents 23
`Duty
`485.(1) This section applies if-- 24
(a) an employer who is not a self-insurer believes on reasonable 25
grounds that a person is defrauding, or attempting to defraud, 26
WorkCover; or 27
9 Section 163 (Worker must notify return to work or engagement in a calling)
s 28 23 s 28
WorkCover Queensland and Other Acts
Amendment
(b) an employer who is a self-insurer believes on reasonable grounds 1
that a person is defrauding, or attempting to defraud, the 2
selfinsurer. 3
`(2) Without limiting subsection (1), this section also applies if-- 4
(a) an employer who is not a self-insurer believes on reasonable 5
grounds that a person has stated anything, or given a document 6
containing information, to WorkCover or a registered person that 7
the person knows is false or misleading in a material particular; or 8
(b) an employer who is a self-insurer believes on reasonable grounds 9
that a person has stated anything, or given a document containing 10
information, to the self-insurer or a registered person that the 11
person knows is false or misleading in a material particular. 12
`(3) The employer must give WorkCover the information the employer 13
has in relation to the defrauding, attempting to defraud, stating of the thing 14
or giving of the document. 15
Maximum penalty--50 penalty units.'. 16
of new ch 13 17
Insertion
Clause 28. After section 579-- 18
insert-- 19
`CHAPTER 13--TRANSITIONAL PROVISIONS FOR 20
WORKCOVER QUEENSLAND AND OTHER ACTS 21
AMENDMENT ACT 2000 22
PART 1--INJURIES 23
`
before commencement of amending Act 24
`Injury
`580. Section 119(1)(a)(ii) and chapter 3, as in force immediately before 25
the commencement of this section, continue to apply in relation to an injury 26
sustained by a worker before the commencement of this section as if the 27
s 28 24 s 28
WorkCover Queensland and Other Acts
Amendment
WorkCover Queensland and Other Acts Amendment Act 2000, sections 7(1) 1
and 8 to 12 had not been enacted. 2
`PART 2--SELF-INSURANCE 3
`Division 1--Bank guarantee 4
bank guarantee 5
`Self-insurer's
`581.(1) This section applies if a self-insurer makes an election under the 6
WorkCover Queensland Regulation 1997, section 9310 to accept an interim 7
payment of an amount on account of the self-insurer's outstanding liability. 8
`(2) This section applies only until the end of 5 years after the self-insurer 9
becomes liable for compensation and damages for the outstanding liability. 10
`(3) On and from the commencement of this section, the unconditional 11
bank guarantee or cash deposit required to be lodged by the self-insurer 12
under section 113(2)11 before the renewal of the self-insurer's licence is the 13
greater of-- 14
(a) $5m; or 15
(b) the total of-- 16
(i) 100% of the part of the self-insurer's estimated claims 17
liability, as defined under section 113(6), that is outstanding 18
liability; and 19
(ii) 150% of the part of the self-insurer's estimated claims 20
liability, as defined under section 113(6), that is residual 21
liability. 22
`(4) This division expires on 1 July 2006. 23
10 Section 93 (Election by current selfinsurer or current applicant about payment
for outstanding liability)
11 Section 113 (Bank guarantee or cash deposit)
s 28 25 s 28
WorkCover Queensland and Other Acts
Amendment
2--Application by related bodies corporate group employer 1
`Division
of div 2 2
`Application
`582.(1) This division applies if-- 3
(a) a selfinsurer that is a related bodies corporate group 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 has subsequently been licensed as 8
a self-insurer; and 9
(b) the selfinsurer applies to WorkCover under section 118(1) for a 10
change in the group membership on the selfinsurer's licence; 11
and 12
(c) members of the self-insurer that are a group employer apply 13
before 3 March 2002, under section 99, to be a self-insurer as a 14
related bodies corporate group employer ("section 99 15
application"). 16
`(2) In subsection (1)-- 17
"members", of the selfinsurer, means members that have continuously 18
been part of the self-insurer since 3 March 1999 or, if the self-insurer 19
was licensed on or after 3 March 1999, since the day the self-insurer 20
was licensed. 21
of s 102 for particular purposes 22
`Variation
`583.(1) WorkCover must apply section 102(b)12, as in force 23
immediately before 3 March 1999-- 24
(a) to decide a section 99 application; and 25
(b) if WorkCover approves the application and issues a licence, to 26
decide each renewal of the licence. 27
12 Section 102 (Issue or renewal of licence to a group employer)
s 28 26 s 28
WorkCover Queensland and Other Acts
Amendment
`(2) Also, section 102(1)(d) does not apply for the purposes of deciding 1
the section 99 application. 2
`(3) However, if the licence is issued, the licence is subject to a condition 3
that the requirements of section 102(1)(d) must be met within 6 months 4
after the licence is issued. 5
`PART 3--MEDICAL ASSESSMENT TRIBUNALS 6
Medical Assessment Tribunal 7
`General
`584.(1) Subsection (2) applies if a person held an appointment to the 8
panel or alternative panel of the General Medical Assessment Tribunal 9
immediately before the commencement of this section. 10
`(2) On the commencement of this section, the person becomes an 11
appointee to the panel of the tribunal for the remainder of the person's term 12
of appointment and on the conditions of the person's appointment. 13
`(3) Subsection (4) applies if, immediately before the commencement of 14
this section-- 15
(a) the General Medical Assessment Tribunal has started to consider 16
a matter referred to it under section 437;13 and 17
(b) the tribunal has not made a decision in relation to the matter. 18
`(4) Chapter 7,14 as in force immediately before the commencement of 19
this section, continues to apply to the matter as if the WorkCover 20
Queensland and Other Acts Amendment Act 2000, sections 15 to 23 had not 21
been enacted. 22
medical assessment tribunals 23
`Specialty
`585.(1) This section applies if, immediately before the commencement 24
13 Section 437 (Reference to tribunals)
14 Chapter 7 (Medical Assessment Tribunals)
s 29 27 s 29
WorkCover Queensland and Other Acts
Amendment
of this section-- 1
(a) a specialty medical assessment tribunal has started to consider a 2
matter referred to it under section 43715; and 3
(b) the tribunal has not made a decision in relation to the matter. 4
`(2) Chapter 7,16 as in force immediately before the commencement of 5
this section, continues to apply to the matter as if the WorkCover 6
Queensland and Other Acts Amendment Act 2000, sections 15 to 23 had not 7
been enacted. 8
disfigurement assessment tribunal 9
`Prescribed
`586.(1) This section applies if, immediately before the commencement 10
of this section-- 11
(a) a prescribed disfigurement assessment tribunal has started to 12
consider a matter referred to it under section 45017; and 13
(b) the tribunal has not made a decision in relation to the matter. 14
`(2) Chapter 7,18 as in force immediately before the commencement of 15
this section, continues to apply to the matter as if the WorkCover 16
Queensland and Other Acts Amendment Act 2000, sections 15 to 23 had not 17
been enacted.'. 18
of sch 3 (Definitions) 19
Amendment
Clause 29.(1) Schedule 3, definition "Insurance and Superannuation 20
Commission"-- 21
omit. 22
(2) Schedule 3, definition "table of costs", after `relevant'-- 23
15 Section 437 (Reference to tribunals)
16 Chapter 7 (Medical Assessment Tribunals)
17 Section 450 (Assessment of additional compensation for prescribed
disfigurement)
18 Chapter 7 (Medical Assessment Tribunals)
s 30 28 s 32
WorkCover Queensland and Other Acts
Amendment
insert-- 1
` ambulance transportation,'. 2
ART 3--AMENDMENT OF BUILDING AND 3
P
CONSTRUCTION INDUSTRY (PORTABLE LONG 4
SERVICE LEAVE) ACT 1991 5
amended in pt 3 and sch 2 6
Act
Clause 30. This part and schedule 2 amend the Building and Construction 7
Industry (Portable Long Service Leave) Act 1991. 8
of title 9
Amendment
Clause 31.(1) Title, `industry, and'-- 10
omit, insert-- 11
`industry,'. 12
(2) Title, after `industry', second mention-- 13
insert-- 14
`, and for other purposes'. 15
of s 3 (Definitions) 16
Amendment
Clause 32.(1) Section 3, `In this Act--'-- 17
omit, insert-- 18
`The dictionary in the schedule defines particular words used in this 19
Act.'. 20
(2) Section 3, definitions "building and construction industry" and 21
"State"-- 22
omit. 23
s 33 29 s 33
WorkCover Queensland and Other Acts
Amendment
(3) Section 3-- 1
insert-- 2
` "building and construction industry" see section 3AA. 3
"cost", of building and construction work, see section 73.'. 4
(4) Section 3, definitions (as amended)-- 5
relocate to the schedule, as inserted by this Act. 6
of new s 3AA 7
Insertion
Clause 33. After section 3-- 8
insert-- 9
of "building and construction industry" 10
`Meaning
`3AA.(1) The "building and construction industry" is the industry of 11
constructing, deconstructing, reconstructing, renovating, altering, 12
demolishing, relocating, maintaining or repairing any of the following-- 13
(a) buildings; 14
(b) spa pools and swimming pools; 15
(c) roads, railways, airfields or other works for the passage of 16
anything; 17
(d) breakwaters, docks, jetties, piers or wharves; 18
(e) works for solid waste disposal; 19
(f) works for subdividing or developing land; 20
(g) works for the improvement or alteration of a harbour, river or 21
watercourse for navigation purposes; 22
(h) works for the storage or supply of water or for flood mitigation; 23
(i) works for the irrigation of land; 24
(j) works for the conveyance, treatment or disposal of sewage or of 25
the effluent from any premises; 26
(k) works for extracting, refining, processing or treating materials or 27
for producing or extracting products and by-products from 28
s 33 30 s 33
WorkCover Queensland and Other Acts
Amendment
materials; 1
(l) works for conveying products, by-products or materials; 2
(m) works for the drainage of land; 3
(n) works for the storage of liquids, other than water, or gases; 4
(o) works for the generation, supply or transmission of electric 5
power; 6
(p) works for telecommunication or for the transmission of radio or 7
television; 8
(q) bridges, viaducts, aqueducts or tunnels; 9
(r) chimney stacks, cooling towers, drilling rigs, gas holders or silos; 10
(s) pipe lines; 11
(t) navigational lights, beacons or markers; 12
(u) pile driving works; 13
(v) sporting or recreational facilities; 14
(w) earthworks, other than for farming; 15
(x) fences, other than fences on farms; 16
(y) structures, fixtures or other works not included in paragraphs (a) 17
to (x), but not including earthworks for farming or fences on 18
farms. 19
`(2) The "building and construction industry" also includes 20
landclearing and site preparation, other than for farming. 21
`(3) The "building and construction industry" also includes the 22
industry of, whether on or off site-- 23
(a) constructing a thing, other than ordinary stock for sale, in 24
accordance with working drawings; or 25
(b) deconstructing, reconstructing, renovating, altering, demolishing, 26
relocating, maintaining or repairing a thing, other than ordinary 27
stock for sale, constructed in accordance with working drawings. 28
`(4) The "building and construction industry" does not include the 29
industry of performing maintenance or repairs of a minor nature to anything 30
s 34 31 s 34
WorkCover Queensland and Other Acts
Amendment
mentioned in subsection (1) or (3) for a person not substantially engaged in 1
activity mentioned in subsection (1), (2) or (3).'. 2
of s 3A (Meaning of "eligible worker") 3
Amendment
Clause 34.(1) Section 3A(1)(b), after `only'-- 4
insert-- 5
`, or substantially for labour only,'. 6
(2) After section 3A(1)(b)-- 7
insert-- 8
9
`Examples for paragraph (b)--
10
A carpenter who supplies his or her own tools and nails could be an
11
eligible worker.
12
A carpenter who supplies all the timber for a job would probably not be an
13
eligible worker.
14
A tiler who supplies his or her own tools, glues, solvents and grout could
15
be an eligible worker.
16
A painter who supplies paint would probably not be an eligible worker.'.
(3) Section 3A(1)(c), from `directly' to `(b)'-- 17
omit. 18
(4) Section 3A(2)-- 19
renumber as section 3A(3). 20
(5) Section 3A-- 21
insert-- 22
`(2) If a person is appointed as a safety officer to discharge workplace 23
health and safety obligations under the Workplace Health and Safety Act 24
1995 in relation to building and construction work, the person is an "eligible 25
worker", whether or not the person performs or usually performs building 26
and construction work.'. 27
(6) Section 3A(3)(b), as renumbered-- 28
omit, insert-- 29
s 35 32 s 36
WorkCover Queensland and Other Acts
Amendment
`(b) the person is engaged under a contract of employment with a 1
nonQueensland government entity; or'. 2
(7) Section 3A-- 3
insert-- 4
`(4) Also, a person who would otherwise be an eligible worker under 5
subsection (1) or (2) is not an eligible worker if the person is engaged to 6
perform building and construction work by a person who is not 7
substantially engaged in the building and construction industry. 8
`(5) Subsection 4 does not apply if the person is party to a contract with a 9
labour hire agency that arranges for the person to perform building and 10
construction work for some one else under an arrangement between the 11
agency and the other person. 12
`(6) In subsection (5)-- 13
"arrangement" includes agreement, promise, scheme, transaction, 14
understanding and undertaking, whether express or implied.'. 15
of s 9 (Authority's functions) 16
Amendment
Clause 35. Section 9(1)-- 17
insert-- 18
`(c) to act as an agent in collecting fees and charges payable under 19
other Acts.'. 20
of s 37 (Authority to keep register of workers) 21
Amendment
Clause 36. Section 37(2)(a), `section 39; and'-- 22
omit, insert-- 23
`section 39, and the names of each other person-- 24
(i) in relation to whom the authority has received a certificate of 25
service from an employer under section 47, or other 26
information; and 27
(ii) who the authority is satisfied is an eligible worker; and'. 28
s 37 33 s 37
WorkCover Queensland and Other Acts
Amendment
of s 40 (Date of registration) 1
Replacement
Clause 37. Section 40-- 2
omit, insert-- 3
person becomes a registered worker 4
`When
`40.(1) For section 37(2)(b), the date a person becomes a registered 5
worker is-- 6
(a) if the person becomes a registered worker on an application under 7
section 38--the date the application is lodged with the authority; 8
or 9
(b) otherwise--the date the certificate of service or other information 10
about the person is received by the authority. 11
`(2) However, if the authority is satisfied that a person has been an 12
eligible worker for a period before the date that would otherwise apply 13
under subsection (1) for becoming a registered worker, the authority may 14
fix an earlier date as the date the person became a registered worker. 15
`(3) In fixing a date under subsection (2), the authority must not fix a date 16
earlier than the start of the financial year that is the second last full financial 17
year before the date that would otherwise apply under subsection (1) for 18
becoming a registered worker unless it is satisfied that special circumstances 19
exist. 20
21
Examples for applying subsection (3)--
22
A person applies to become a registered worker on 1 February 2001. The authority
23
may fix a date that is no earlier than 1 July 1998.
24
The authority receives a certificate of service from an employer in relation to a
25
worker on 1 July 2001. The authority may fix a date that is no earlier than 1 July
26
1999.
`(4) Despite subsections (2) and (3), the authority must not fix a date 27
earlier than-- 28
(a) if the person is a person mentioned in section 3A(1)(a)--1 July 29
1992; or 30
(b) if the person is a person mentioned in section 3A(1)(b) 31
or (c)--1 January 1999.'. 32
s 38 34 s 40
WorkCover Queensland and Other Acts
Amendment
of s 43 (Application for registration) 1
Amendment
Clause 38. Section 43(1) and (6), penalty, `16'-- 2
omit, insert-- 3
`40'. 4
of s 45 (Employer to notify authority of any change in 5
Amendment
circumstance) 6
Clause 39. Section 45, penalty, `16'-- 7
omit, insert-- 8
`40'. 9
of new s 46A 10
Insertion
Clause 40. Part 6, division 2, after section 46-- 11
insert-- 12
may require information or documents from person 13
`Authority
believed to be employer 14
`46A.(1) This section applies if the authority believes, on reasonable 15
grounds, that a person is an employer in the building and construction 16
industry, but is not registered as an employer under this division. 17
`(2) The authority may, by written notice given to the person, require the 18
person to give the authority the information or documents asked for in the 19
notice that are necessary to enable the authority to decide whether or not the 20
person is an employer in the building and construction industry. 21
`(3) The notice may state a time, that must be reasonable in the 22
circumstances, within which the information or documents must be given. 23
`(4) The person must comply with the notice, unless the person has a 24
reasonable excuse. 25
Maximum penalty--40 penalty units. 26
`(5) If a court finds that a person has contravened subsection (4), the 27
s 41 35 s 43
WorkCover Queensland and Other Acts
Amendment
court may, in addition to any order the court may make imposing a penalty, 1
make any other order the court considers appropriate.'. 2
of s 47 (Certificate of service to be supplied by employers) 3
Amendment
Clause 41. Section 47(1), penalty, `16'-- 4
omit, insert-- 5
`40'. 6
of new s 51A 7
Insertion
Clause 42. After section 51-- 8
insert-- 9
credits for injured workers 10
`Service
`51A.(1) This section applies if-- 11
(a) a registered worker sustains an injury, within the meaning of the 12
WorkCover Queensland Act 1996, section 34,19 while performing 13
work for an employer; and 14
(b) the worker can not perform building and construction work 15
because of the injury. 16
`(2) The worker must be credited in the register of workers with service 17
as if the person had been engaged in the performance of building and 18
construction work from the day of injury until the earlier of the following-- 19
(a) the end of 6 months after the day of injury; 20
(b) the worker engages in any employment on a full-time basis.'. 21
of s 52 (Limitations on service credits) 22
Amendment
Clause 43.(1) Section 52(1), `, shown in the register under section 40(1)(a) or 23
(b),'-- 24
omit. 25
19 Section 34 (Meaning of "injury")
s 44 36 s 45
WorkCover Queensland and Other Acts
Amendment
(2) Section 52(6) and (7)-- 1
omit. 2
of s 56 (Application for entitlement to long service leave) 3
Amendment
Clause 44.(1) Section 56, heading, after `leave'-- 4
insert-- 5
`or payment instead of long service leave'. 6
(2) Section 56(1), from `for long service leave'-- 7
omit, insert-- 8
`for-- 9
`(a) long service leave; or 10
(b) if the worker has accrued 10 years service in the register of 11
workers, payment for the long service leave to which the 12
registered worker is entitled under section 57(1).'. 13
of s 57 (Entitlement to long service leave) 14
Amendment
Clause 45.(1) Section 57(2)-- 15
renumber as section 57(4). 16
(2) Section 57-- 17
insert-- 18
`(2) Subsection (3) applies if a worker-- 19
(a) either-- 20
(i) has accrued at least 1540 days service; or 21
(ii) has-- 22
(A) accrued at least 1155 days service; and 23
(B) been a registered worker for at least 7 years in the 24
register of workers kept under this Act, or in a similar 25
register or record kept under a corresponding law; and 26
s 46 37 s 48
WorkCover Queensland and Other Acts
Amendment
(b) has not been credited with retrospective service credits under 1
section 54; and 2
(c) either-- 3
(i) intends to permanently stop work in the building and 4
construction industry; or 5
(ii) dies. 6
`(3) The entitlement to long service leave is a period that bears to 8.67 7
weeks the proportion that the worker's accrued service bears to 10 years 8
service.'. 9
of s 58 (Workers not to carry out certain building and 10
Omission
construction work during leave) 11
Clause 46. Section 58-- 12
omit. 13
of s 59 (Amount of long service leave payment) 14
Amendment
Clause 47.(1) Section 59(4) to (9)-- 15
renumber as section 59(5) to (10). 16
(2) Section 59-- 17
insert-- 18
`(4) The authority must pay a registered worker for any public holiday 19
that happens during long service leave taken by the worker.'. 20
(3) Section 59(8), as renumbered, `subsection (8)'-- 21
omit, insert-- 22
`subsection (9)'. 23
of s 62 (Payments to employers) 24
Amendment
Clause 48.(1) Section 62(3)(b), `1 year'-- 25
omit, insert-- 26
s 49 38 s 49
WorkCover Queensland and Other Acts
Amendment
`2 years'. 1
(2) Section 62(6) to (8)-- 2
renumber as section 62(7) to (9). 3
(3) Section 62-- 4
insert-- 5
`(6) An employer is entitled to be paid for any public holiday that 6
happens during long service leave taken by a worker.'. 7
(4) Section 62(8) and (9), as renumbered, `subsection (6)'-- 8
omit, insert-- 9
`subsection (7)'. 10
of new s 62A 11
Insertion
Clause 49. After section 62-- 12
insert-- 13
to worker or personal representative instead of employer in 14
`Payment
particular circumstances 15
`62A.(1) This section applies if-- 16
(a) the employer of a registered worker is or becomes an insolvent 17
under administration or an externally-administered body 18
corporate; and 19
(b) a worker of the employer is eligible for long service leave or 20
payment for the long service leave. 21
`(2) The authority may pay to the worker or the worker's personal 22
representative the difference between-- 23
(a) the amount that represents the value of the worker's long service 24
leave under this Act; and 25
(b) any amount that the worker or personal representative has 26
received from or on behalf of the employer for the worker's long 27
service leave under this Act. 28
s 49 39 s 49
WorkCover Queensland and Other Acts
Amendment
`(3) This section applies despite anything in section 61.20 1
`(4) In this section-- 2
"externally-administered body corporate" see the Corporations Law, 3
section 9.21 4
"insolvent under administration" means a person-- 5
(a) who is an undischarged bankrupt; or 6
(b) for whom a debt agreement has been made under the Bankruptcy 7
Act 1966 (Cwlth), part X or the corresponding provisions of the 8
law of another jurisdiction, if the debt agreement has not ended or 9
has not been terminated; or 10
(c) who has executed a deed of arrangement under the Bankruptcy 11
Act 1966 (Cwlth), part X or the corresponding provisions of the 12
law of another jurisdiction, if the terms of the deed have not been 13
fully complied with; or 14
(d) whose creditors have accepted a composition under the 15
Bankruptcy Act 1966 (Cwlth), part X or the corresponding 16
provisions of the law of another jurisdiction, if a final payment 17
has not been made under the composition.'. 18
20 Section 61 (Election to take benefits under this Act or Industrial Relations Act)
21 Corporations Law, section 9--
"externally-administered body corporate" means a body corporate--
(a) that is being wound up;
(b) in respect of property of which a receiver, or a receiver and manager, has
been appointed (whether or not by a court) and is acting;
(c) that is under administration;
(ca) that has executed a deed of company arrangement that has not yet
terminated; or
(d) that has entered into a compromise or arrangement with another person
the administration of which has not been concluded.
s 50 40 s 52
WorkCover Queensland and Other Acts
Amendment
of s 67 (Notification of building and construction work) 1
Amendment
Clause 50. Section 67(1), penalty, `16'-- 2
omit, insert-- 3
`40'. 4
of s 68 (Offence for failure to pay levy) 5
Amendment
Clause 51. Section 68, penalty, `16'-- 6
omit, insert-- 7
`40'. 8
of new s 68A 9
Insertion
Clause 52. After section 68-- 10
insert-- 11
who is person for whom work is to be done or was to be 12
`Deciding
done 13
`68A.(1) This section applies for deciding who is the person for whom 14
work is to be done or was to be done. 15
`(2) Regard may be had to any document or anything else reasonably 16
likely to help to establish the identity of the person for whom the work is to 17
be done or was to be done. 18
`(3) The authority may, by written notice given to a person, require the 19
person to give the authority within a reasonable time a document or 20
information or any thing else that may help to establish the identity of the 21
person for whom the work is to be done or was to be done. 22
`(4) The person given a notice under subsection (3) must comply with 23
the requirement, unless the person has a reasonable excuse. 24
Maximum penalty--40 penalty units. 25
`(5) If a court finds that a person has contravened subsection (4), the 26
court may, in addition to any order the court may make imposing a penalty, 27
make any other order the court considers appropriate.'. 28
s 53 41 s 53
WorkCover Queensland and Other Acts
Amendment
of ss 7375 1
Replacement
Clause 53. Sections 73 to 75-- 2
omit, insert-- 3
of "cost" of building and construction work 4
`Meaning
`73.(1) The "cost" of building and construction work is the total of all 5
costs that relate to the work directly or indirectly. 6
7
Examples of costs--
8
Costs of labour, materials, plant, equipment, design, project management,
9
consultancy, prefabricated goods, commissioning, installation.
`(2) Without limiting subsection (1), the total of all costs may be 10
ascertained having regard to-- 11
(a) the contract price for the work; or 12
(b) if the work is being done for someone other than the 13
Commonwealth and involves more than 1 contract, the total of the 14
contract prices. 15
`(3) Despite subsections (1) and (2), if there is no contract price or the 16
authority is satisfied that the contract price, or the total of the contract prices, 17
for carrying out the building and construction work does not accurately 18
establish the total of all costs that relate to the work, the cost may be decided 19
by the authority. 20
for levy 21
`Liability
`74. Levy for building and construction work must be paid by-- 22
(a) if the work is being done for the Commonwealth--the contractor 23
engaged by the Commonwealth to carry out the work; or 24
(b) if the work is being done for a local government, government 25
entity or non-Queensland government entity--the local 26
government or entity; or 27
(c) if neither paragraph (a) nor (b) applies and under the Integrated 28
Planning Act 1997 an application is made to the assessment 29
manager in relation to the work for a development permit for 30
building work, plumbing or drainage work or operational work as 31
s 54 42 s 54
WorkCover Queensland and Other Acts
Amendment
defined under that Act--the applicant under that Act; or 1
(d) otherwise--the person for whom the work is to be done. 2
levy is payable 3
`When
`75. Levy for building and construction work to be carried out by a 4
person must be paid-- 5
(a) before a development permit is given under the Integrated 6
Planning Act 1997 in relation to the work that authorises building 7
work, plumbing or drainage work or operational work as defined 8
under that Act; or 9
(b) if a development permit of the type mentioned in paragraph (a) is 10
not given--before the work is started or, if the authority allows a 11
later time for payment, the later time.'. 12
of s 76 (Government entity to notify of building and 13
Amendment
construction work) 14
Clause 54.(1) Section 76, heading, after `notify'-- 15
insert-- 16
`authority'. 17
(2) Section 76(2) and (3)-- 18
renumber as section 76(3) and (4). 19
(3) Section 76(1)-- 20
omit, insert-- 21
`76.(1) A government entity must notify the authority of building and 22
construction work to be carried out by the entity. 23
`(2) The notice must be given in the approved form before the levy is 24
payable.'. 25
s 55 43 s 57
WorkCover Queensland and Other Acts
Amendment
of s 77 (Duty of assessment manager to sight approved 1
Amendment
form) 2
Clause 55.(1) Section 77(1), from `accept' to `building work'-- 3
omit, insert-- 4
`give a development permit that authorises building work, plumbing or 5
drainage work or operational work as defined'. 6
(2) Section 77(3), `receives a development application'-- 7
omit, insert-- 8
`gives a development permit'. 9
(3) Section 77(3), penalty, `16'-- 10
omit, insert-- 11
`40'. 12
of s 78 (Building and construction work for public 13
Omission
authority) 14
Clause 56. Section 78-- 15
omit. 16
of s 80 (Additional provisions about levy) 17
Replacement
Clause 57. Section 80-- 18
omit, insert-- 19
provisions about levy 20
`Additional
`80.(1) Subsection (2) applies if the authority believes, on reasonable 21
grounds, that levy for building and construction work has not been paid to 22
the full extent required under this Act. 23
`(2) The authority may, by written notice, require the person, or any one 24
else the authority reasonably believes has information or documents about 25
the work, to give the authority the information and documents about the 26
work, including the actual cost of carrying out the work, asked for in the 27
notice within the reasonable time stated in the notice. 28
s 58 44 s 58
WorkCover Queensland and Other Acts
Amendment
`(3) A person to whom a notice under subsection (2) is given must 1
comply with the notice, unless the person has a reasonable excuse. 2
Maximum penalty--40 penalty units. 3
`(4) If a court finds that a person has contravened subsection (3), the 4
court may, in addition to any order the court may make imposing a penalty, 5
make any other order the court considers appropriate. 6
`(5) If-- 7
(a) the levy payable for the actual cost of carrying out the work is 8
more than the levy that has been paid for the work; and 9
(b) the difference between the cost of the work for which levy has 10
been paid and the cost of the work for which levy is payable is 11
more than the amount prescribed under the regulations; 12
then, despite anything in section 74, each person for whom any of the work 13
was or is to be done must, on receiving written notice from the authority, 14
pay to the authority without delay the amount of additional levy decided by 15
the authority as fairly attributable to the work done or to be done for the 16
person. 17
Maximum penalty--40 penalty units. 18
`(6) Payment of additional levy may be claimed and ordered in a 19
proceeding for-- 20
(a) recovery of the additional levy brought in a court of competent 21
jurisdiction; or 22
(b) an offence against subsection (5) brought against the person liable 23
to pay the additional levy. 24
`(7) The additional levy must be worked out under the regulations.'. 25
of s 82 (Payment of levy by instalments) 26
Amendment
Clause 58.(1) Section 82(1), after `may'-- 27
insert-- 28
`apply in writing to the authority for approval to'. 29
s 59 45 s 60
WorkCover Queensland and Other Acts
Amendment
(2) Section 82(2) to (8)-- 1
renumber as section 82(3) to (9). 2
(3) Section 82-- 3
insert-- 4
`(2) The authority may approve or refuse the person's application to pay 5
the levy by instalments.'. 6
(4) Section 82(3), as renumbered, `The'-- 7
omit, insert-- 8
`If the authority approves the person's application to pay the levy by 9
instalments, the'. 10
(5) Section 82(9), as renumbered, `subsection (7)'-- 11
omit, insert-- 12
`subsection (8)'. 13
of s 84 (Interest on, and extension of time for payment of, 14
Amendment
levy) 15
Clause 59. Section 84(1), `interest at the prescribed rate'-- 16
omit, insert-- 17
`compound interest at the rate prescribed under a regulation'. 18
of s 92 (Keeping, and inspection, of books and records) 19
Amendment
Clause 60.(1) Section 92(1)-- 20
insert, as a penalty-- 21
`Maximum penalty--40 penalty units.'. 22
(2) Section 92(3), penalty, `16'-- 23
omit, insert-- 24
`40'. 25
s 61 46 s 64
WorkCover Queensland and Other Acts
Amendment
of s 95 (Authorised officers) 1
Amendment
Clause 61. Section 95(4), penalty, `16'-- 2
omit, insert-- 3
`40'. 4
of s 97 (Entry and search--monitoring compliance) 5
Amendment
Clause 62.(1) Section 97(2)-- 6
insert-- 7
`(d) the place is a place where the authorised officer reasonably 8
believes a person has information or documents about workers or 9
building and construction work.'. 10
(2) Section 97-- 11
insert-- 12
`(3) For subsection (2)(a) or (d), the place does not include part of the 13
place where a person resides. 14
`(4) For subsection (2)(d), the entry may only be made when the place is 15
ordinarily open for the conduct of business or otherwise open for entry.'. 16
of s 99 (General powers of authorised officer in relation 17
Amendment
to places) 18
Clause 63. Section 99(2), penalty, `16'-- 19
omit, insert-- 20
`40'. 21
of s 102 (Obstruction etc. of authorised officers) 22
Amendment
Clause 64. Section 102, penalty, `16'-- 23
omit, insert-- 24
`40'. 25
s 65 47 s 68
WorkCover Queensland and Other Acts
Amendment
of s 103 (False or misleading statements) 1
Amendment
Clause 65. Section 103, penalty, `16'-- 2
omit, insert-- 3
`40'. 4
of s 106 (Certain persons liable for offences by 5
Amendment
unincorporated bodies) 6
Clause 66. Section 106(2), penalty, `16'-- 7
omit, insert-- 8
`40'. 9
of s 111 (Protection of worker from dismissal) 10
Amendment
Clause 67. Section 111, penalty, `16'-- 11
omit, insert-- 12
`40'. 13
of new s 111A 14
Insertion
Clause 68. After section 111-- 15
insert-- 16
to be paid to authority 17
`Penalties
`111A. All penalties recovered as a result of proceedings for offences 18
against this Act brought by the authority must be ordered to be paid to the 19
authority.'. 20
s 69 48 s 69
WorkCover Queensland and Other Acts
Amendment
of new pt 11, div 3 1
Insertion
Clause 69. After section 118-- 2
insert-- 3
`Division 3--Transitional provision for WorkCover Queensland and 4
Other Acts Amendment Act 2000 5
apprentices and trainees 6
`Government
`119.(1) Subsection (2) applies if-- 7
(a) immediately before 1 January 2001, a person is engaged under an 8
apprenticeship or traineeship in the building and construction 9
industry with-- 10
(i) a local government; or 11
(ii) a government entity; and 12
(b) on or after 1 January 2001, the person stops being engaged by the 13
local government or government entity; and 14
(c) at any time after the person stops being engaged by the local 15
government or government entity, the person becomes a 16
registered worker. 17
`(2) Despite the fact that the person was not an eligible worker during the 18
period of apprenticeship or traineeship, the person must be credited with 19
service under section 50 as if the person had been a registered worker 20
during the period of apprenticeship or traineeship, but only in relation to the 21
period of apprenticeship or traineeship happening on or after 1 January 22
2001. 23
`(3) Subsection (4) applies if-- 24
(a) on or after 1 January 2001, a person starts being engaged under 25
an apprenticeship or traineeship in the building and construction 26
industry with-- 27
(i) a local government; or 28
(ii) a government entity; and 29
(b) after 1 January 2001, the person stops being engaged by the local 30
s 70 49 s 71
WorkCover Queensland and Other Acts
Amendment
government or government entity; and 1
(c) at any time after the person stops being engaged by the local 2
government or government entity, the person becomes a 3
registered worker. 4
`(4) Despite the fact that the person was not an eligible worker during the 5
period of apprenticeship or traineeship, the person must be credited with 6
service under section 50 as if the person had been a registered worker 7
during the period of apprenticeship or traineeship.'. 8
ART 4--AMENDMENT OF INDUSTRIAL 9
P
RELATIONS ACT 1999 10
amended in pt 4 11
Act
Clause 70. This part amends the Industrial Relations Act 1999. 12
of s 725 (Orders and determinations under the 13
Amendment
Vocational Education, Training and Employment Act 1991) 14
Clause 71.(1) Section 725(1)-- 15
omit, insert-- 16
`725.(1) A continuing order continues to have effect after the 17
commencement of this subsection as if it had been made by the 18
commission under-- 19
(a) for a continuing order made under section 83 of the repealed Act 20
that relates to a person employed under a labour market program 21
approved by the Minister under section 140--section 140; or 22
(b) for a continuing order made under section 86(2) or 87(5) of the 23
repealed Act--section 137.'. 24
(2) Section 725-- 25
insert-- 26
s 71 50 s 71
WorkCover Queensland and Other Acts
Amendment
`(4) In this section-- 1
"continuing order" means an order made by the commission under 2
section 83, 86(2) or 87(5) of the repealed Act and continued in effect 3
under subsection (1) as in force immediately before the 4
commencement of this subsection. 5
"repealed Act" means the Vocational Education, Training and 6
Employment Act 1991.'. 7
51
WorkCover Queensland and Other Acts
Amendment
SCHEDULE 1 1
ˇ
ONSEQUENTIAL AND MINOR AMENDMENTS OF 2
C
WORKCOVER QUEENSLAND ACT 1996 3
section 3 4
1. Section 115(6), `Insurance and Superannuation Commissioner'-- 5
omit, insert-- 6
`Australian Prudential Regulation Authority'. 7
2. Section 280(2)(a), before `a notice'-- 8
insert-- 9
`,'. 10
3. Section 442(1), after `437(e)'-- 11
insert-- 12
`or (ea)'. 13
4. Section 452, definition "tribunal", paragraph (c)-- 14
omit. 15
5. Section 486(1)(b), from `427' to `489'-- 16
omit, insert-- 17
`408C, 430, 488'. 18
52
WorkCover Queensland and Other Acts
Amendment
SCHEDULE 1 (continued)
6. Section 489(1)(a)(vi), `annual levy'-- 1
omit, insert-- 2
`levy payable'. 3
7. Schedule 3, heading-- 4
omit, insert-- 5
`DICTIONARY'. 6
53
WorkCover Queensland and Other Acts
Amendment
SCHEDULE 2 1
ˇ
ONSEQUENTIAL AND MINOR AMENDMENTS OF 2
C
BUILDING AND CONSTRUCTION INDUSTRY 3
(PORTABLE LONG SERVICE LEAVE) ACT 1991 4
section 30 5
1. Section 41(3A), after `57(1B)'-- 6
insert-- 7
`or (3)'. 8
2. Part 11, heading-- 9
omit, insert-- 10
`PART 11--TRANSITIONAL PROVISIONS'. 11
3. After part 11-- 12
insert-- 13
`SCHEDULE 14
`DICTIONARY 15
section 3'. 16
17
54
WorkCover Queensland and Other Acts
Amendment
© State of Queensland 2000
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