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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
WORKCOVER
QUEENSLAND BILL 1996
Queensland
WORKCOVER QUEENSLAND BILL 1996
TABLE OF PROVISIONS
Section Page
CHAPTER 1--PRELIMINARY
PART 1--INTRODUCTION
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
PART 2--OBJECTS
4 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
5 Workers' compensation scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
6 Protection of employers in relation to damages . . . . . . . . . . . . . . . . . . . . . . 30
7 Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PART 3--DEFINITIONS
8 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 4--BASIC CONCEPTS
Division 1--Accident insurance, compensation and damages
9 Meaning of "accident insurance" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
10 Meaning of "compensation" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
11 Meaning of "damages" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 2--Workers
12 Who is a "worker" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
13 Meaning of "PAYE taxpayer" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 3--Persons entitled to compensation other than workers
Subdivision 1--Volunteers etc.
14 Entitlements of persons mentioned in sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . 34
15 Counterdisaster volunteer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
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16 Rural fire brigade member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
17 Volunteer fire fighter or volunteer fire warden . . . . . . . . . . . . . . . . . . . . . . . 36
18 Statutory or industrial body member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
19 Honorary ambulance officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
20 Person in voluntary or honorary position with religious, charitable
or benevolent organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
21 Person in voluntary or honorary position with nonprofit organisation . . . . . 37
Subdivision 2--Persons performing community service etc.
22 Entitlements of persons in sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
23 Persons performing community service or unpaid duties . . . . . . . . . . . . . . . 38
Subdivision 3--Students
24 Students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Subdivision 4--Eligible persons
25 Meaning of "eligible person" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
26 Eligible person may apply to be insured . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
27 Entitlements of eligible persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Subdivision 5--Other persons
28 Other persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 4--Spouses, members of the family and dependants
29 Meaning of "dependant" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
30 Meaning of "member of the family" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
31 Meaning of "spouse" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 5--Employers
32 Meaning of "employer" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 6--Injuries and impairment
Subdivision 1--Event resulting in injury
33 Meaning of "event" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Subdivision 2--Injury
34 Meaning of "injury" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Subdivision 3--When injury arises out of, or in the course of,
employment
35 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
36 Injury while at place of employment or another place of employment . . . . 45
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37 Other circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
38 Injury that happens during particular journeys . . . . . . . . . . . . . . . . . . . . . . . . 47
Subdivision 4--Impairment from injury
39 Meaning of "impairment" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
40 Meaning of "permanent impairment" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
41 Meaning of "work related impairment" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Subdivision 5--Certificate injury
42 Meaning of "certificate injury" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Subdivision 6--Non-certificate injury
43 Meaning of "non-certificate injury" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 7--Rehabilitation
44 Meaning of "rehabilitation" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
45 Meaning of "rehabilitation coordinator" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
46 Meaning of "suitable duties" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
47 Meaning of "workplace rehabilitation " . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
48 Meaning of "workplace rehabilitation policy and procedures" . . . . . . . . . . 51
49 Meaning of "accredited workplace" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
CHAPTER 2--EMPLOYER'S OBLIGATIONS
PART 1--EMPLOYER'S LEGAL LIABILITY
50 Employer's legal liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
51 WorkCover's liability confined to compensation . . . . . . . . . . . . . . . . . . . . . 51
PART 2--EMPLOYER'S INSURANCE REQUIREMENTS
Division 1--General obligations
52 Employer's obligation to insure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
53 Exemption if employer has other insurance . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 2--Contravention of employer's general obligation and
associated provisions
54 When an employer contravenes the general obligation to insure . . . . . . . . 53
55 Offence of contravening general obligation to insure . . . . . . . . . . . . . . . . . . 53
56 Offence to charge worker for compensation or damages for injury . . . . . . . 53
57 Recovery of unlawful charge for compensation or damages for injury . . . . 54
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PART 3--INSURANCE UNDER WORKCOVER POLICIES
GENERALLY
Division 1--Premium setting generally
58 Setting of premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
59 Setting premium on change of ownership of business . . . . . . . . . . . . . . . . . 55
60 Reassessment of premium for policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Division 2--Assessments on contravention of general obligation to
insure
61 Recovery of compensation and unpaid premium . . . . . . . . . . . . . . . . . . . . . 57
62 Default assessment on reasonable suspicion . . . . . . . . . . . . . . . . . . . . . . . . . 58
63 Further assessment and recovery after payment of default assessment . . . 59
64 Employer's separate liabilities for 1 period of default . . . . . . . . . . . . . . . . . 59
Division 3--Additional premiums
65 Additional premium payable if premium not paid . . . . . . . . . . . . . . . . . . . . 60
66 Further additional premium payable after appeal to industrial
magistrate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
67 Additional premium for out-of-State workers . . . . . . . . . . . . . . . . . . . . . . . . . 61
68 WorkCover may waive or reduce additional premium . . . . . . . . . . . . . . . . . 61
Division 4--Employer's liability for excess period
69 Meaning of "excess period" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
70 Employer's liability for excess period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
71 Employer may insure against payment for excess period . . . . . . . . . . . . . . . 63
PART 4--SELFRATING
Division 1--Preliminary
72 What is self-rating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Division 2--Issue of registration of self-rater
73 Who may apply to be a self-rater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
74 Premium and surcharge payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
75 Issue of registration to single employer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
76 Issue of registration to group employer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
77 Calculation of the number of fulltime workers . . . . . . . . . . . . . . . . . . . . . . . 67
78 Workers employed in Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
79 Whether applicant fit and proper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
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80 Audit of self-rater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
81 Refusal of application for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
82 Duration of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
83 Conditions of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
84 Bank guarantee or cash deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
85 Investing cash deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
86 Liability of group employers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
87 Change in group self-rater's membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Division 3--Functions, powers and obligations of self-raters
88 Conditions giving a self-rater some WorkCover functions and powers . . . . 71
89 Documents that must be kept by self-rater . . . . . . . . . . . . . . . . . . . . . . . . . . 72
90 Documents must be given to WorkCover on request . . . . . . . . . . . . . . . . . . 73
Division 4--Cancellation of self-rater's registration
91 When registration may be cancelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
92 Procedure for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
93 Self-rater may ask for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
94 Premium payable after cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
95 Transfer to WorkCover after cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
96 Assessing residual liability after cancellation . . . . . . . . . . . . . . . . . . . . . . . . 75
97 Return of bank guarantee or cash deposit after cancellation . . . . . . . . . . . . 76
PART 5--EMPLOYER'S SELFINSURANCE
Division 1--Preliminary
98 What is self-insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Division 2--Issue and renewal of self-insurer's licence
99 Who may apply to be a self-insurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
100 How the application is made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
101 Issue or renewal of licence to a single employer . . . . . . . . . . . . . . . . . . . . . 78
102 Issue or renewal of licence to a group employer . . . . . . . . . . . . . . . . . . . . . . 78
103 Calculation of the number of fulltime workers . . . . . . . . . . . . . . . . . . . . . . . 79
104 Workers employed in Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
105 Whether applicant fit and proper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
106 Audit of self-insurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
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107 Decision on application for the issue of a licence . . . . . . . . . . . . . . . . . . . . 81
108 Duration of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
109 Renewal of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
110 Refusal of application for renewal of a licence . . . . . . . . . . . . . . . . . . . . . . 82
111 Annual levy and surcharge payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
112 Conditions of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
113 Bank guarantee or cash deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
114 Investing cash deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
115 Reinsurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
116 Self-insurer replaces WorkCover in liability for injury . . . . . . . . . . . . . . . . . 86
117 Liability of group employers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
118 Change in self-insurer's membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Division 3--Powers, functions and obligations of self-insurers
119 Powers of self-insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
120 Documents that must be kept by self-insurer . . . . . . . . . . . . . . . . . . . . . . . . . 88
121 Documents must be given to WorkCover on request . . . . . . . . . . . . . . . . . . 88
Division 4--Cancellation of self-insurer's licence
122 When licence may be cancelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
123 Procedure for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
124 Self-insurer may ask for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
125 Premium payable after cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
126 Transfer to WorkCover after cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
127 Certain functions and powers may be held by former self-insurer
after cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
128 Recovery of ongoing costs from former self-insurer . . . . . . . . . . . . . . . . . . . 92
129 Assessing residual liability after cancellation . . . . . . . . . . . . . . . . . . . . . . . . 92
130 Return of bank guarantee or cash deposit after cancellation . . . . . . . . . . . . 93
131 Contingency account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
CHAPTER 3--COMPENSATION
PART 1--INTERPRETATION FOR CHAPTER 3
132 Meaning of "amount payable under an industrial instrument" . . . . . . . . . . 94
133 Meaning of "normal weekly earnings" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
134 Meaning of "QOTE" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
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PART 2--COMPENSATION ENTITLEMENTS OF WORKERS
GENERALLY
Division 1--General statement of entitlement
135 Compensation entitlement and source of payments . . . . . . . . . . . . . . . . . . . 96
136 Compensation entitlement can not be relinquished, assigned or
subject to execution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
137 Public trustee may act for claimant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
138 Public trustee may receive payments for minors . . . . . . . . . . . . . . . . . . . . . 97
Division 2--Entitlement in relation to place where injury is
sustained
139 Entitlement depends on where injury is sustained . . . . . . . . . . . . . . . . . . . . 97
140 Interstate and overseas arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Division 3--Relationship of entitlement to other compensation
141 Entitlement ends if compensated under corresponding laws . . . . . . . . . . . . 98
142 Compensation recoverable if later paid under corresponding laws . . . . . . . 98
143 Condition on compensation application if compensation
available under this Act and corresponding law . . . . . . . . . . . . . . . . . . . . . . 99
144 Entitlement to compensation ends if damages claim is finalised . . . . . . . . 99
PART 3--COMPENSATION ENTITLEMENTS OF
PARTICULAR WORKERS
Division 1--Seafarers
145 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
146 Meaning of "seafarer" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
147 Entitlements of seafarers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
148 Payment on account of seafarers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Division 2--Miners
149 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
150 Entitlements of miners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
Division 3--Workers with industrial deafness
151 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
152 Entitlements for industrial deafness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
153 Further application for compensation for industrial deafness . . . . . . . . . . . 103
Division 4--Workers with prescribed disfigurement
154 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
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155 Entitlements of worker who sustains prescribed disfigurement . . . . . . . . . 104
PART 4--COMPENSATION AFFECTED BY WORKERS'
CONDUCT
156 Self-inflicted injuries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
157 Injuries caused by misconduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
PART 5--COMPENSATION APPLICATION AND OTHER
PROCEDURES
158 Time for applying . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
159 Applying for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
160 Employer's duty to report injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
161 Decision about application for compensation . . . . . . . . . . . . . . . . . . . . . . . 107
162 Examination by registered person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
163 Worker must notify return to work or engagement in a calling . . . . . . . . . 107
164 Suspension of compensation during term of imprisonment . . . . . . . . . . . . 108
165 Compensation not payable during suspension . . . . . . . . . . . . . . . . . . . . . . . 108
PART 6--MAXIMUM STATUTORY COMPENSATION
166 Application of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
167 Maximum entitlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
PART 7--PAYMENT OF COMPENSATION
168 Time from which compensation payable . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
PART 8--WEEKLY PAYMENT OF COMPENSATION
Division 1--Application
169 Application and object of pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Division 2--Advances on weekly payments
170 Advances on account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Division 3--Adjustment of entitlements under pt 8
171 Worker can not receive more than if injury had not been sustained . . . . . 111
172 Regard to other benefits for workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Division 4--Entitlement for total incapacity
Subdivision 1--Application of sdiv 1
173 Entitlement to weekly payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
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Subdivision 2--Workers
174 Total incapacity--workers whose employment is governed by an
industrial instrument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
175 Total incapacity--workers whose employment is not governed by
industrial instrument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
176 Total incapacity--certain contract workers . . . . . . . . . . . . . . . . . . . . . . . . . 114
177 Total incapacity--casual or part-time workers . . . . . . . . . . . . . . . . . . . . . . 115
178 Total incapacity--workers receiving certain benefits under
Commonwealth law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
179 Total incapacity--workers with more than 1 employer . . . . . . . . . . . . . . . 115
Subdivision 3--Persons entitled to compensation other than workers
and students
180 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
181 Total incapacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Subdivision 4--Reference to tribunal
182 Total incapacity--reference about impairment to medical
assessment tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Division 5--Entitlement for partial incapacity
183 Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
184 Partial incapacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
185 WorkCover may require information from partially incapacitated
worker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Division 6--Review of compensation
186 Review of compensation and associated payments . . . . . . . . . . . . . . . . . . 120
187 Review of weekly payments--worker under 18 . . . . . . . . . . . . . . . . . . . . . 120
188 Recovery of compensation overpaid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Division 7--Redemption of weekly payments
189 Redemption--worker receiving weekly payments for at least 2 years . . 121
190 Redemption--worker moves interstate . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
191 Redemption--worker moves abroad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
192 Calculation of redemption payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
193 Review of redemption payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
194 No compensation after redemption payment made . . . . . . . . . . . . . . . . . . . 122
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WorkCover Queensland
Division 8--When entitlement to weekly payments stops
195 When weekly payments stop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
PART 9--ENTITLEMENT TO COMPENSATION FOR
PERMANENT IMPAIRMENT
Division 1--General statement
196 Entitlement to assessment of permanent impairment and lump
sum compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Division 2--Assessment of permanent impairment under table of
injuries
197 Assessment of permanent impairment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
198 Calculation of lump sum compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
199 Regard to previous entitlement to lump sum compensation for
injury other than industrial deafness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
200 Regard to previous assessment for industrial deafness . . . . . . . . . . . . . . . . 125
201 Calculation of WRI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
Division 3--Notification of assessment of permanent impairment
202 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
203 WorkCover to give notice of assessment of permanent impairment . . . . . 126
204 Worker's disagreement with assessment of permanent impairment . . . . . 127
205 Offer of lump sum compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
206 Certificate injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
207 Non-certificate injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
208 No further compensation after fixed time . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Division 4--Additional lump sum compensation
209 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
210 Additional lump sum compensation for certain workers . . . . . . . . . . . . . . . 130
211 Additional lump sum compensation for gratuitous care . . . . . . . . . . . . . . . 131
PART 10--COMPENSATION ON WORKER'S DEATH
212 Application and object of pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
213 Definition for pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
214 To whom payments made for death of worker . . . . . . . . . . . . . . . . . . . . . . . 133
215 Total and partial dependants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
216 Dependant's compensation payable to public trustee . . . . . . . . . . . . . . . . . 133
217 Medical and funeral expenses must be paid by WorkCover . . . . . . . . . . . 133
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WorkCover Queensland
218 Total dependency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
219 Partial dependency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
220 Workers under 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
221 Reduction of amount payable on death . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
222 Reduced compensation if dependant dies before payment made . . . . . . . 136
PART 11--AUTOMATIC VARIATION OF COMPENSATION
PAYABLE
223 Variation of payments for injuries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
224 Construing entitlements in light of variation . . . . . . . . . . . . . . . . . . . . . . . . 137
225 Application of part to existing benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
CHAPTER 4--INJURY MANAGEMENT
PART 1--APPLICATION
226 Application and object of ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
PART 2--LIABILITY FOR MEDICAL TREATMENT,
HOSPITALISATION AND EXPENSES
Division 1--Application and general statement of liability
227 Application of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
228 WorkCover's liability for medical treatment and hospitalisation . . . . . . . 138
Division 2--Medical treatment costs
229 Extent of liability for medical treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
230 Extent of liability for prosthetic expenses . . . . . . . . . . . . . . . . . . . . . . . . . . 139
231 Accounts for medical treatment, certificate in approved form . . . . . . . . . 139
232 Review of costs payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Division 3--Hospitalisation
233 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
234 Extent of liability for period of hospitalisation . . . . . . . . . . . . . . . . . . . . . . 141
235 Cost of hospitalisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
236 Maximum liability for cost of hospitalisation . . . . . . . . . . . . . . . . . . . . . . . 142
Division 4--Travelling expenses
237 Extent of liability for travelling expenses . . . . . . . . . . . . . . . . . . . . . . . . . . 142
PART 3--RESPONSIBILITY FOR REHABILITATION
Division 1--WorkCover's responsibility
238 WorkCover's responsibility for worker's rehabilitation . . . . . . . . . . . . . . . . 143
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Division 2--WorkCover's liability for rehabilitation fees and costs
239 Liability for rehabilitation fees and costs . . . . . . . . . . . . . . . . . . . . . . . . . . 144
240 Extent of liability for rehabilitation fees and costs . . . . . . . . . . . . . . . . . . . 144
Division 3--Caring allowance
241 Liability for caring allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
242 Extent of liability for caring allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
PART 4--EMPLOYER'S OBLIGATION FOR
REHABILITATION
243 Employer's obligation to appoint rehabilitation coordinator . . . . . . . . . . . 145
244 Employer's obligation to have workplace rehabilitation policy
and procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
245 Employer's obligation to assist or provide rehabilitation . . . . . . . . . . . . . . 147
246 Employer's failure in relation to rehabilitation . . . . . . . . . . . . . . . . . . . . . . 147
PART 5--WORKER'S MITIGATION AND REHABILITATION
OBLIGATIONS
247 Application of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
248 Worker must mitigate loss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
249 Worker must participate in rehabilitation . . . . . . . . . . . . . . . . . . . . . . . . . . 148
CHAPTER 5--ACCESS TO DAMAGES
PART 1--INTERPRETATION AND APPLICATION
250 Definitions for ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
251 Meaning of "terminal condition" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
252 Requirements of chapter to prevail and are substantive law . . . . . . . . . . . 149
PART 2--ENTITLEMENT CONDITIONS
Division 1--Limitations on persons entitled to seek damages
253 General limitation on persons entitled to seek damages . . . . . . . . . . . . . . 150
254 Worker with terminal condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
Division 2--Claimant who has sustained certificate injury
255 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
256 Claimant may seek damages only on receipt of notice of assessment . . . 151
257 Consequences of seeking damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
Division 3--Claimant who has sustained non-certificate injury
258 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
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259 Claimant may seek damages only on receipt of notice of assessment . . . 152
260 Consequences of seeking damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
Division 4--Claimant whose application for compensation was
allowed
261 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
262 Claimant may seek damages only after being assessed . . . . . . . . . . . . . . . 153
263 Consequences of seeking damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
Division 5--Claimant who has not lodged application for
compensation
264 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
265 Access to damages if no previous application for compensation . . . . . . . 154
266 Consequences of seeking damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
267 Proceedings to be discontinued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
Division 6--Dependants
268 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
269 Claimant may seek damages only in particular cases . . . . . . . . . . . . . . . . 156
270 Application for damages certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
271 Consequences of seeking damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
272 Proceedings to be discontinued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
Division 7--Review of worker's decision to accept payment of lump
sum compensation for non-certificate injury
273 Application of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
274 Decision not to seek damages reviewable in certain circumstances . . . . 158
PART 3--MITIGATION OF DAMAGES
275 Mitigation of damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
PART 4--REDUCTION OF RECOVERABLE DAMAGES
276 When damages are to be reduced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
277 Assessment by court of total liability for damages . . . . . . . . . . . . . . . . . . . 161
278 WorkCover's charge on damages for compensation paid . . . . . . . . . . . . . . 161
PART 5--PRECOURT PROCEDURES
279 Object of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
280 Notice of claim for damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
281 Claimant to tell WorkCover of change to information in notice of
claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
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282 Response to notice of claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
283 WorkCover to give information to claimant . . . . . . . . . . . . . . . . . . . . . . . . 166
284 Employer to cooperate with WorkCover . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
285 WorkCover and claimant to attempt to resolve claim . . . . . . . . . . . . . . . . 167
286 Worker to undergo medical examination . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
287 Joint expert reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
288 Non-disclosure of certain material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
289 Consequence of failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . 170
290 Privilege and duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
291 Court's power to enforce compliance with chapter . . . . . . . . . . . . . . . . . . . 171
PART 6--SETTLEMENT OF CLAIMS
Division 1--Compulsory conference
292 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
293 Compulsory conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
294 Parties to make written final offer if claim not settled at
compulsory conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
Division 2--Financial information to be given to claimant
295 Definition for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
296 Information to be given by lawyer before compulsory conference . . . . . . 173
297 Information to be given by lawyer before other type of settlement
attempted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
298 Details of costs payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
299 WorkCover to be informed that report given . . . . . . . . . . . . . . . . . . . . . . . . 174
Division 3--Settlement before court proceedings
300 Settlement of claim for damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
PART 7--START OF COURT PROCEEDINGS
Division 1--When claimant can start court proceedings
301 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
302 Compliance necessary before starting proceeding . . . . . . . . . . . . . . . . . . . 175
303 Claimant to have given complying notice of claim or WorkCover
to have waived compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
304 Court to have made declaration about noncompliance . . . . . . . . . . . . . . . 176
305 Court to have given leave despite noncompliance . . . . . . . . . . . . . . . . . . . 176
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Division 2--Court proceedings
306 Carriage of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
307 Exclusion of jury trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
308 Alteration of period of limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
309 Court may have regard to claimant's non-compliance with s 280
in relation to costs and interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
310 Court may have regard to compulsory conference . . . . . . . . . . . . . . . . . . . 179
PART 8--PARTICULAR MATTERS AFFECTING
ASSESSMENTS OF LIABILITY
311 Absolute defences not reintroduced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
312 Liability of employers and workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
313 Worker's breach of instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
314 Reduction of damages because of contributory negligence . . . . . . . . . . . . 182
PART 9--NO RIGHT TO PARTICULAR DAMAGES
315 Gratuitous services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
316 Damages other than to claimant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
PART 10--AWARDING OF PARTICULAR DAMAGES
Division 1--Future economic loss
317 Future economic loss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
Division 2--Interest
318 Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
Division 3--Exemplary damages
319 Exemplary damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
PART 11--COSTS
Division 1--Costs applying to worker with certificate injury or
dependant
320 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
321 Principles about orders as to costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
322 WorkCover's denial of liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
323 Costs because of noncompliance with this chapter . . . . . . . . . . . . . . . . . . 187
Division 2--Costs applying to worker with non-certificate injury
324 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
325 Principles about orders as to costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
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Division 3--Costs generally
326. Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
327 Costs if proceeding could have been brought in a lower court . . . . . . . . . 189
PART 12--EXCESS DAMAGES AWARDED IN ANOTHER
JURISDICTION
328 Application of pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
329 No liability for excess damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
CHAPTER 6--WORKCOVER QUEENSLAND
PART 1--ESTABLISHMENT
330 WorkCover is established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
331 WorkCover is a body corporate etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
332 Relationship with State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
PART 2--FUNCTIONS AND POWERS
Division 1--Functions and insurance business
333 General statement of WorkCover's functions . . . . . . . . . . . . . . . . . . . . . . . 191
334 WorkCover's insurance business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
335 WorkCover as the exclusive provider of accident insurance . . . . . . . . . . . 191
336 WorkCover's offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
Division 2--Powers generally
337 Objects of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
338 WorkCover's general powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
339 General restriction on WorkCover's powers . . . . . . . . . . . . . . . . . . . . . . . . 193
340 Disposal of main undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
341 Acquiring and disposing of subsidiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
342 Protection of persons who deal with WorkCover . . . . . . . . . . . . . . . . . . . . 195
343 Reserve power of Minister to direct that asset not be disposed of . . . . . . 197
PART 3--OBLIGATIONS
Division 1--Corporate Plan
344 WorkCover must have corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
345 Guidelines in relation to corporate plans . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
346 Draft corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
347 Special procedures for draft corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . 198
348 Corporate plan on agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
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349 Corporate plan pending agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
350 Changes to corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
Division 2--Statement of corporate intent
351 WorkCover must have statement of corporate intent . . . . . . . . . . . . . . . . . 199
352 Statement of corporate intent must be consistent with corporate plan . . . 199
353 Matters to be included in statement of corporate intent . . . . . . . . . . . . . . . 199
354 Additional matters to be included in statement of corporate intent . . . . . 200
355 Draft statement of corporate intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
356 Special procedures for draft statement of corporate intent . . . . . . . . . . . . . 201
357 Statement of corporate intent on agreement . . . . . . . . . . . . . . . . . . . . . . . . 201
358 Changes to statement of corporate intent . . . . . . . . . . . . . . . . . . . . . . . . . . 201
Division 3--Community service obligations
359 Meaning of "community service obligations" . . . . . . . . . . . . . . . . . . . . . . . 202
360 Community service obligations to be specified in statement of
corporate intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203
Division 4--Reports and other accountability matters
361 Quarterly reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203
362 Matters to be included in annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
363 Deletion of commercially sensitive matters from annual report etc. . . . . . 204
364 Board to keep Minister informed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
Division 5--Duties and liabilities of directors and other officers
365 Disclosure of interests by director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
366 Voting by interested director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
367 Duty and liability of certain officers of WorkCover . . . . . . . . . . . . . . . . . . 207
368 Prohibition on loans to directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
369 WorkCover not to indemnify officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
370 WorkCover not to pay premiums for certain liabilities of officers . . . . . . 210
371 Examination of persons concerned with WorkCover . . . . . . . . . . . . . . . . . 211
372 Power to grant relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
373 False or misleading information or documents . . . . . . . . . . . . . . . . . . . . . . 214
PART 4--THE MINISTER
374 Reserve power of Minister to notify board of public sector policies . . . . . 215
375 Reserve power of Minister to give directions in public interest . . . . . . . . 216
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376 Additional power to direct WorkCover . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
377 Notice of suspected threat to full funding because of direction or
notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
378 WorkCover and board not otherwise subject to government direction . . . 218
379 Minister not director etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
380 Monitoring and assessment of WorkCover . . . . . . . . . . . . . . . . . . . . . . . . . 218
PART 5--BOARD OF DIRECTORS
Division 1--Establishment of WorkCover's board
381 Establishment of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
382 Appointment of chairperson and deputy chairperson . . . . . . . . . . . . . . . . . 220
383 Regard to particular ability in appointment of directors . . . . . . . . . . . . . . . 220
384 Role of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
385 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
Division 2--Meetings and other business of board
386 Meaning of "required minimum number" of directors . . . . . . . . . . . . . . . . 222
387 Conduct of meetings and other business . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
388 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
389 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
390 Quorum and voting at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
391 Participation in meetings by telephone etc. . . . . . . . . . . . . . . . . . . . . . . . . 223
392 Resolutions without meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
393 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
Division 3--Other provisions about directors
394 Term of appointment of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
395 Terms of appointment not provided for under Act . . . . . . . . . . . . . . . . . . . . 224
396 Appointment of acting director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225
397 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225
398 Termination of appointment as director . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225
PART 6--THE CHIEF EXECUTIVE OFFICER
399 WorkCover's chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225
400 Duties of chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
401 Things done by chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
402 Delegation by chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
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403 Additional provisions relating to chief executive officer . . . . . . . . . . . . . . 227
PART 7--OTHER EMPLOYMENT PROVISIONS
404 Appointment of senior executives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
405 Basis of employment generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
406 Superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
407 Arrangements relating to staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
408 Employment and industrial relations plan . . . . . . . . . . . . . . . . . . . . . . . . . . 230
409 EEO legislation is applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
PART 8--FINANCIAL PROVISIONS
410 Application of financial legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
411 Liability for State taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
412 Liability for Commonwealth tax equivalents . . . . . . . . . . . . . . . . . . . . . . . 231
413 Procedures for borrowing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
414 Funds and accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
415. Reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
416 Amounts payable by WorkCover on Minister's instruction . . . . . . . . . . . . 232
417 Payment to consolidated fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
418. Additional financial reporting requirements . . . . . . . . . . . . . . . . . . . . . . . . 233
PART 9--OTHER PROVISIONS ABOUT WORKCOVER
419 WorkCover's seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
420 Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
421 Judicial notice of certain signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
422 Giving of documents to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
423 Application of various other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
CHAPTER 7--MEDICAL ASSESSMENT TRIBUNALS
PART 1--OBJECT
424 Object of ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
PART 2--COMPOSITION AND PROCEEDINGS OF TRIBUNALS
425 Assessment tribunals to be maintained . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
426 General Medical Assessment Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
427 Alternative panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
428 Conditions of appointment to panels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
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429 Chairperson and deputy chairperson of General Medical
Assessment Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
430 Constitution of General Medical Assessment Tribunal for reference . . . . 238
431 Specialty medical assessment tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
432 Vacation of office as member or alternative member of specialty
medical assessment tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
433 Constitution of specialty medical assessment tribunal in absence
of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
434 Chairperson of specialty medical assessment tribunals . . . . . . . . . . . . . . . 240
435 Proceedings of medical assessment tribunals . . . . . . . . . . . . . . . . . . . . . . . 240
PART 3--JURISDICTION OF TRIBUNALS
436 Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
437 Reference to tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
438 Reference about application for compensation . . . . . . . . . . . . . . . . . . . . . . 242
439 Reference about worker's capacity for work . . . . . . . . . . . . . . . . . . . . . . . . 243
440 Reference about worker's injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
441 Reference about worker's impairment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
442 Reference about worker's permanent impairment . . . . . . . . . . . . . . . . . . . . 244
443 Reference about worker's level of dependency . . . . . . . . . . . . . . . . . . . . . . 245
444 Reference about application for damages certificate by dependant . . . . . 245
445 Reference about review of worker's permanent impairment . . . . . . . . . . . 245
446 Limitation of tribunals' jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
447 Power of tribunal to examine worker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
PART 4--PRESCRIBED DISFIGUREMENT ASSESSMENT
TRIBUNAL
448 Tribunal to be constituted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
449 Proceedings of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
450 Assessment of additional compensation for prescribed disfigurement . . . 247
451 When entitlement to additional compensation for prescribed
disfigurement is not paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
PART 5--PROCEEDINGS FOR EXERCISE OF TRIBUNALS'
JURISDICTION
452 Definition for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
453 Right to be heard before tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
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454 Further reference on fresh evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
455 Deferral of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
456 Finality of tribunal's decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
457 Decisions of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
CHAPTER 8--ENFORCEMENT
PART 1--AUTHORISED PERSONS
Division 1--General
458 Function of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
459 Authorised person subject to WorkCover's directions . . . . . . . . . . . . . . . . 251
460 Powers of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
461 Limitation on powers of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . 251
Division 2--Appointment of authorised persons and other matters
462 Appointment of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
463 Authorised person's appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . 252
464 Authorised person's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
465 Display of authorised person's identity card . . . . . . . . . . . . . . . . . . . . . . . . 253
466 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
Division 3--Powers of authorised persons
467 Entry to workplaces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
468 Power to require information from certain persons . . . . . . . . . . . . . . . . . . . 254
469 Keeping and inspection of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255
470 Audit of wages and contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255
471 Warrants for entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
472 Warrants--applications made other than in person . . . . . . . . . . . . . . . . . . 256
473 Power to seize evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258
474 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258
475 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258
476 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258
Division 4--Other enforcement matters
477 Authorised person to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . 259
478 Restitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
479 Costs of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
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Division 5--Obstructing or impersonating authorised persons
480 Obstruction of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
481 Impersonation of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
PART 2--FRAUD AND FALSE AND MISLEADING
STATEMENTS
482 Offences involving fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
483 False or misleading information or documents . . . . . . . . . . . . . . . . . . . . . 261
484 Particular acts taken to be fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
485 Duty to report fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
486 Fraud and related offences end entitlement to compensation and
damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
CHAPTER 9--REVIEWS AND APPEALS
PART 1--POLICIES AND PREMIUMS
Division 1--Internal review of decisions
487 Who may apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
488 Applying for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
489 Review of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
Division 2--Appeals
490 Appeal to industrial magistrate from decision on assessment . . . . . . . . . . 266
491 Appeal from industrial magistrate to Industrial Court . . . . . . . . . . . . . . . . . 267
492 Powers of appellate courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267
493 Refunding overpaid premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267
PART 2--ANNUAL LEVY AND LICENSING OF
SELFINSURERS
Division 1--Internal review of decisions
494 Review of annual levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
Division 2--Appeal to industrial magistrate
495 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
Division 3--Appeal to court
496 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
497 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
498 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
499 Effect of decision of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
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PART 3--RETURN OF BANK GUARANTEE OR CASH DEPOSIT
500 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
501 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
502 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271
503 Effect of decision of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271
PART 4--COMPENSATION AND ENTITLEMENTS
Division 1--Internal review of decisions
504 Who may apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
505 Applying for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273
506 Review of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
Division 2--Hearing by industrial magistrate
507 Purpose of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
508 Who may apply for hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
509 Applying for hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
510 Notice of time and place for hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
511 Exchanging evidence before hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276
512 Adjourning hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276
513 Additional medical evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
514 Correcting defects in proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
515 Powers of industrial magistrate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
516 Decision of industrial magistrate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
517 Recovery of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
518 Appeal from industrial magistrate to industrial court . . . . . . . . . . . . . . . . . 279
CHAPTER 10--MISCELLANEOUS
PART 1--INFORMATION
519 Worker or claimant entitled to obtain certain documents . . . . . . . . . . . . . 279
520 Disclosure of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
521 Information from Commissioner of Police Service . . . . . . . . . . . . . . . . . . . 281
522 Information use immunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281
523 WorkCover's information not actionable . . . . . . . . . . . . . . . . . . . . . . . . . . . 281
PART 2--PROCEEDINGS
524 Proceedings for offences against ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282
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525 Summary proceedings for offences other than against ch 6 . . . . . . . . . . . . 284
526 Recovery of debts under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
527 Self-insurer recovery of debts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
528 Powers of industrial magistrate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
529 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286
PART 3--REGULATIONS
530 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288
PART 4--OTHER PROVISIONS
531 Entitlements to compensation under industrial instrument
prohibited and void . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288
532 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
533 Service of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
534 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
535 Consequential amendments in sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
CHAPTER 11--TRANSITIONAL PROVISIONS
PART 1--INTERPRETATION
536 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
537 Other savings preserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290
PART 2--TRANSFER TO WORKCOVER
Division 1--Staff
538 Transfer of staff to WorkCover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290
539 Preserved employment conditions of transferred person . . . . . . . . . . . . . . . 291
540 Other preserved rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291
541 Public service officers' superannuation on becoming WorkCover
employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291
Division 2--Legal succession
542 WorkCover is the legal successor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292
543 First corporate plan and statement of corporate intent . . . . . . . . . . . . . . . . 293
544 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293
545 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293
546 References generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293
PART 3--INSURANCE
547 Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294
25
WorkCover Queensland
548 Other contracts of insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295
549 Previous non-policy compensation arrangement with State . . . . . . . . . . . . 295
550 References to self-raters and self-insurers . . . . . . . . . . . . . . . . . . . . . . . . . . 295
PART 4--COMPENSATION
551 Compensation for injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296
PART 5--INJURY MANAGEMENT
552 Appointment of rehabilitation coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . 296
553 Workplace rehabilitation policy and procedures . . . . . . . . . . . . . . . . . . . . . 297
PART 6--MEDICAL ASSESSMENT TRIBUNALS
554. Continuation of tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
PART 7--FINAL ACCOUNTS
555 Final accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
PART 8--OFFENCES
556 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298
PART 9--SAVING OF REPEALED ACT PROVISIONS
557 Transitional application of repealed provisions . . . . . . . . . . . . . . . . . . . . . . 298
558 How to apply provisions of former Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 301
REGULATIONS
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 303
CONSEQUENTIAL AMENDMENTS OF OTHER ACTS
BUILDING UNITS AND GROUP TITLES ACT 1980 . . . . . . . . . . . . . . . . 303
CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1964 . . . . . . . . . . . . . 303
COAL INDUSTRY (CONTROL) ACT 1948 . . . . . . . . . . . . . . . . . . . . . . . 303
COAL MINING ACT 1925 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304
COMMUNITY SERVICES (ABORIGINES) ACT 1984 . . . . . . . . . . . . . . 304
COMMUNITY SERVICES (TORRES STRAIT) ACT 1984 . . . . . . . . . . . 305
CORRECTIVE SERVICES ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305
CREDIT ACT 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305
EDUCATION (STUDENT WORK EXPERIENCE) ACT 1978 . . . . . . . . . 305
EDUCATION (WORK EXPERIENCE) ACT 1996 . . . . . . . . . . . . . . . . . . 306
FAMILY SERVICES ACT 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306
26
WorkCover Queensland
GLADSTONE AREA WATER BOARD ACT 1984 . . . . . . . . . . . . . . . . . . 306
HEALTH RIGHTS COMMISSION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . 306
HOSPITALS FOUNDATIONS ACT 1982 . . . . . . . . . . . . . . . . . . . . . . . . . 307
INDUSTRIAL RELATIONS ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . 307
INTEGRATED RESORT DEVELOPMENT ACT 1987 . . . . . . . . . . . . . . . 307
INTELLECTUALLY DISABLED CITIZENS ACT 1985 . . . . . . . . . . . . . . 308
JUVENILE JUSTICE ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308
LOCAL GOVERNMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308
METROPOLITAN WATER SUPPLY AND SEWERAGE ACT 1909 . . . 309
MINES REGULATION ACT 1964 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309
MIXED USE DEVELOPMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . 310
POLICE SERVICE ADMINISTRATION ACT 1990 . . . . . . . . . . . . . . . . . 310
PUBLIC SAFETY PRESERVATION ACT 1986 . . . . . . . . . . . . . . . . . . . . 310
PUBLIC SERVICE SUPERANNUATION ACT 1958 . . . . . . . . . . . . . . . . 311
QUEENSLAND INSTITUTE OF MEDICAL RESEARCH ACT 1945 . . . 311
SANCTUARY COVE RESORT ACT 1985 . . . . . . . . . . . . . . . . . . . . . . . . 311
SOUTH BANK CORPORATION ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . 312
STAMP ACT 1894 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312
STATE COUNTERDISASTER ORGANISATION ACT 1975 . . . . . . . . . 313
STATE SERVICE SUPERANNUATION ACT 1972 . . . . . . . . . . . . . . . . . 314
TOWNSVILLE/THURINGOWA WATER SUPPLY BOARD ACT
1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314
VOCATIONAL EDUCATION AND TRAINING (INDUSTRY
PLACEMENT) ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . 316
DEFINITIONS
1996
A BILL
FOR
An Act to provide for the workers' compensation scheme and for
other matters
s1 28 s5
WorkCover Queensland
The Parliament of Queensland enacts-- 1
HAPTER 1--PRELIMINARY 2
C
PART 1--INTRODUCTION 3
title 4
Short
1. This Act may be cited as the WorkCover Queensland Act 1996. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
binds all persons 8
Act
3. This Act binds all persons, including the State, and, so far as the 9
legislative power of Parliament permits, the other States. 10
ART 2--OBJECTS 11
P
of Act 12
Objects
4.(1) This part states the main objects of this Act. 13
(2) The objects are an aid to the interpretation of this Act. 14
compensation scheme 15
Workers'
5.(1) This Act establishes a workers' compensation scheme for 16
Queensland providing benefits for workers who sustain injury in their 17
employment, for dependants if a worker's injury results in the worker's 18
s5 29 s5
WorkCover Queensland
death, for persons other than workers, and for other benefits. 1
(2) The main provisions of the scheme provide the following for injuries 2
sustained by workers in their employment-- 3
(a) compensation; 4
(b) regulation of access to damages; 5
(c) employers' liability for compensation; 6
(d) employers' obligation to be covered against liability for 7
compensation and damages either under a WorkCover insurance 8
policy or under a licence as a self-insurer; 9
(e) management of compensation claims by WorkCover or 10
employers acting as self-raters or self-insurers; 11
(f) injury management, emphasising rehabilitation of workers 12
particularly for return to work; 13
(g) procedures for assessment of injuries by appropriately qualified 14
persons or by independent medical assessment tribunals; 15
(h) rights of review of, and appeal against, decisions made under this 16
Act. 17
(3) There is some scope for the application of the Act to injuries 18
sustained by persons other than workers, for example under arrangements 19
for specified benefits for specified persons or treatment of specified persons 20
in some respects as workers. 21
(4) It is intended that the scheme should-- 22
(a) maintain a balance between-- 23
(i) providing fair and appropriate benefits for injured workers 24
or dependants and persons other than workers; and 25
(ii) ensuring reasonable premium levels for employers; and 26
(b) provide for employers and injured workers to participate in 27
effective return to work programs; and 28
(c) provide for flexible insurance arrangements suited to the 29
particular needs of industry; and 30
(d) be maintained in a fully funded state that meets insurance industry 31
solvency standards. 32
s6 30 s7
WorkCover Queensland
(5) The scheme is taken to be fully funded if WorkCover is able to meet 1
its liabilities for compensation and damages payable from its funds and 2
accounts and maintains-- 3
(a) minimum solvency or capital adequacy standards under the 4
Insurance Act 1973 (Cwlth), section 29; and 5
(b) solvency required under a regulation. 6
(6) Because it is in the State's interests that industry remain locally, 7
nationally and internationally competitive, it is intended that compulsory 8
insurance against injury in employment should not impose too heavy a 9
burden on employers and the community. 10
of employers in relation to damages 11
Protection
6.(1) This Act-- 12
(a) provides for the protection of employers' interests in relation to 13
claims for damages for workers' injuries; and 14
(b) makes changes to the law to strengthen workers' obligations for 15
their own safety in employment. 16
(2) It is intended that employers and workers should both endeavour to 17
ensure the safety of workers in the workers' employment and the law of 18
injury liability should reflect this shared obligation. 19
20
Administration
7. This Act provides for the efficient and economic administration of the 21
scheme and of this Act through the establishment of WorkCover. 22
s8 31 s 10
WorkCover Queensland
PART 3--DEFINITIONS 1
2
Definitions
8. The dictionary in schedule 3 defines particular words used in this Act.1 3
ART 4--BASIC CONCEPTS 4
P
Division 1--Accident insurance, compensation and damages 5
of "accident insurance" 6
Meaning
9. "Accident insurance" is insurance by which an employer is 7
indemnified against all amounts for which the employer may become 8
legally liable, for injury sustained by a worker employed by the employer 9
for-- 10
(a) compensation; and 11
(b) damages. 12
of "compensation" 13
Meaning
10. "Compensation" is compensation under this Act, that is, amounts 14
1 In some Acts, definitions are contained in a dictionary that appears as the last
schedule and forms part of the Act--Acts Interpretation Act 1954, section 14(4).
Words defined elsewhere in the Act are generally signposted by entries in the
dictionary. However, if a section has a definition applying only to the section, or
a part of the section, it is generally not signposted by an entry in the dictionary
and is generally set out in the last subsection of the section.
Signpost definitions in the dictionary alert the reader to the terms defined
elsewhere in the Act and tell the reader where the definitions can be found. For
example, the definition "accident insurance" tells the reader there is a
definition of accident insurance in the section.
s 11 32 s 12
WorkCover Queensland
for a worker's injury payable under chapters 3 and 42 by WorkCover or a 1
self-insurer to a worker, a dependant of a deceased worker or anyone else, 2
and includes compensation paid or payable under a former Act. 3
of "damages" 4
Meaning
11.(1) "Damages" is damages for injury sustained by a worker in 5
circumstances creating, independently of this Act, a legal liability in the 6
worker's employer to pay the damages to-- 7
(a) the worker; or 8
(b) if the injury results in the worker's death--a dependant of the 9
deceased worker. 10
(2) A reference in subsection (1) to the liability of an employer does not 11
include a liability against which the employer is required to provide under-- 12
(a) another Act; or 13
(b) a law of another State, the Commonwealth or of another country. 14
Division 2--Workers 15
is a "worker" 16
Who
12.(1) A "worker" is an individual who-- 17
(a) works under a contract of service; and 18
(b) is a PAYE taxpayer in relation to the remuneration or other 19
benefit received for the performance of work under the contract of 20
service. 21
(2) However, for subsection (1)(a), a person is not a worker because the 22
person performs work under any of the following contracts of service-- 23
(a) a contract of service with a corporation of which the person is a 24
director; 25
(b) a contract of service with a trust of which the person is a trustee; 26
2 Chapters 3 (Compensation) and 4 (Injury management)
s 13 33 s 13
WorkCover Queensland
(c) a contract of service with a partnership of which the person is a 1
member; 2
(d) a contract of service with the Commonwealth. 3
(3) Also, a person who performs work under a contract of service as a 4
professional sportsperson is not a worker 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 9
of 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 or performance. 12
of "PAYE taxpayer" 13
Meaning
13. A "PAYE taxpayer" is-- 14
(a) a worker in relation to whom the worker's employer makes 15
deductions from amounts paid to the worker for work performed 16
for, or services provided to, the employer under the Income Tax 17
Assessment Act 1936 (Cwlth), part 6, division 2;3 or 18
(b) a worker in relation to whom, when the worker sustained an 19
injury, the worker's employer had not made the deductions 20
mentioned in paragraph (a) only because the employer was not 21
required to make the deductions because of-- 22
(i) the length of time during which the worker had been in the 23
employer's employment; or 24
(ii) the amount of money paid to the worker; or 25
3 Income Tax Assessment Act 1936 (Cwlth), part 6, division 2 (Collection by
instalments of tax on persons other than companies)
s 14 34 s 14
WorkCover Queensland
(iii) a written direction or certificate from the Taxation 1
Commissioner under the Income Tax Assessment Act 1936 2
(Cwlth), section 221D or 221E.4 3
Division 3--Persons entitled to compensation other than workers 4
1--Volunteers etc. 5
Subdivision
of persons mentioned in sdiv 1 6
Entitlements
14.(1) A person mentioned in this subdivision who is covered under a 7
contract of insurance entered into with WorkCover for this subdivision has, 8
subject to this subdivision-- 9
(a) an entitlement to weekly payments of compensation under 10
chapter 3, part 8, division 4, subdivision 3 and division 5;5 and 11
(b) for all other entitlements--the same entitlements to compensation 12
as a worker. 13
(2) The contract does not cover payment of damages for injury 14
sustained by the person. 15
(3) For the purpose of the contract, in the application of the definition 16
"injury" to the person-- 17
(a) the activity covered by the contract is taken to be the person's 18
employment; and 19
(b) the party with whom WorkCover enters the contract is taken to be 20
the person's employer. 21
4 Income Tax Assessment Act 1936 (Cwlth), sections 221D (Variation of
deductions) and 221E (Certificates of exemption)
5 Chapter 3 (Compensation), part 8 (Weekly payment of compensation),
division 4 (Entitlement for total incapacity), subdivision 3 (Persons entitled to
compensation other than workers and students) and division 5 (Entitlement for
partial incapacity)
s 15 35 s 15
WorkCover Queensland
volunteer 1
Counterdisaster
15.(1) WorkCover may enter into a contract of insurance for this 2
subdivision with the chief executive of the department within which the 3
State Counter-Disaster Organisation Act 1975 is administered. 4
(2) The contract may cover a member of-- 5
(a) a body acting under the authority of the State Counterdisaster 6
Organisation; or 7
(b) the State Emergency Service; or 8
(c) a local emergency service. 9
(3) A person covered by the contract is entitled to compensation for 10
injury sustained only while engaged in a counterdisaster operation or an 11
emergency related function, or participating in an activity arising out of, or 12
in the course of, a counterdisaster operation or an emergency related 13
function, including training, under the control of-- 14
(a) a member of the State Counterdisaster Organisation or a person 15
acting under the member's authority; or 16
(b) the executive director (counterdisaster services) or a person acting 17
under the director's authority; or 18
(c) a member of a local emergency service or a person acting under 19
the member's authority. 20
(4) In this section-- 21
"counterdisaster" see the State Counter-Disaster Organisation Act 1975, 22
section 6.6 23
"director (counterdisaster services)" see the State Counter-Disaster 24
Organisation Act 1975, section 6, definition "director". 25
"emergency related function" see the State Counter-Disaster 26
Organisation Act 1975, section 6. 27
6 Under the State Counter-Disaster Organisation Act 1975, section 6, definition
"director", the chief executive of the department within which the Act is
administered nominates an officer of the department as the executive director
(counterdisaster services).
s 16 36 s 18
WorkCover Queensland
"local emergency service" see the State Counter-Disaster Organisation 1
Act 1975, section 6. 2
fire brigade member 3
Rural
16.(1) WorkCover may enter into a contract of insurance for this 4
subdivision with the authority responsible for management of a rural fire 5
brigade under the Fire Service Act 1990. 6
(2) The contract may cover a member of the rural fire brigade. 7
(3) A person covered by the contract is entitled to compensation for 8
injury sustained only while performing duties, including being trained, as a 9
member of the rural fire brigade. 10
fire fighter or volunteer fire warden 11
Volunteer
17.(1) WorkCover may enter into a contract of insurance for this 12
subdivision with the authority responsible for the management of the 13
State's fire services. 14
(2) The contract may cover a volunteer fire fighter or a volunteer fire 15
warden ("volunteer"). 16
(3) A person covered by the contract is entitled to compensation for 17
injury sustained only while attending at a fire, or practising, or performing 18
any other duty, as a volunteer. 19
or industrial body member 20
Statutory
18.(1) WorkCover may enter into a contract of insurance for this 21
subdivision with a local government, statutory body, industrial union of 22
employees or employers or an association of employers or a similar body 23
of a public nature ("public body"). 24
(2) The contract may cover a councillor, member, delegate or similar 25
person of the public body ("member"). 26
(3) A person covered by the contract is entitled to compensation for 27
injury sustained only while attending meetings of the public body or 28
performing any other duty of office as a member. 29
s 19 37 s 21
WorkCover Queensland
ambulance officers 1
Honorary
19.(1) WorkCover may enter into a contract of insurance for this 2
subdivision with the authority responsible for the State's ambulance 3
transport. 4
(2) The contract may cover an honorary ambulance officer 5
("volunteer"). 6
(3) A person covered by the contract is entitled to compensation for 7
injury sustained only while performing a duty required of the person as a 8
volunteer. 9
in voluntary or honorary position with religious, charitable or 10
Person
benevolent organisation 11
20.(1) WorkCover may enter into a contract of insurance for this 12
subdivision with a church, nonprofit charitable organisation or benevolent 13
institution ("institution"). 14
(2) The contract may cover a person in a voluntary or honorary position 15
with the institution ("volunteer"). 16
(3) A person covered by the contract is entitled to compensation for 17
injury sustained only while engaged on a specific capital undertaking of the 18
institution and performing a duty required by or for the institution for the 19
undertaking, as a volunteer. 20
in voluntary or honorary position with nonprofit organisation 21
Person
21.(1) WorkCover may enter into a contract of insurance for this 22
subdivision with a non-profit organisation. 23
(2) The contract may cover a person in a voluntary or honorary position 24
with the organisation ("volunteer"). 25
(3) A person covered by the contract is entitled to compensation for 26
injury sustained only while attending meetings and performing any other 27
duty the organisation requires, as a volunteer. 28
s 22 38 s 23
WorkCover Queensland
2--Persons performing community service etc. 1
Subdivision
of persons in sdiv 2 2
Entitlements
22.(1) A person mentioned in this subdivision who is covered under a 3
contract of insurance entered into with WorkCover for this subdivision has, 4
subject to this subdivision-- 5
(a) an entitlement to weekly payments of compensation under 6
chapter 3, part 8, division 4, subdivision 3 and division 5;7 and 7
(b) for all other entitlements--the same entitlements to compensation 8
as a worker. 9
(2) The contract does not cover payment of damages for injury 10
sustained by the person. 11
(3) For the purpose of the contract, in the application of the definition 12
"injury" to the person-- 13
(a) the activity covered by the contract is taken to be the person's 14
employment; and 15
(b) the party with whom WorkCover enters the contract is taken to be 16
the person's employer. 17
performing community service or unpaid duties 18
Persons
23.(1) WorkCover may enter into a contract of insurance for this 19
subdivision with the authority responsible for directing the performance 20
of-- 21
(a) community service under a community service order or fine 22
option order under the Penalties and Sentences Act 1992; or 23
(b) a work-related activity or program as part of an order or program 24
under the Juvenile Justice Act 1992, in relation to an activity or 25
program that is not performed under a detention order. 26
7 Chapter 3 (Compensation), part 8 (Weekly payment of compensation),
division 4 (Entitlement for total incapacity), subdivision 3 (Persons entitled to
compensation other than workers and students) and division 5 (Entitlement for
partial incapacity)
s 24 39 s 24
WorkCover Queensland
(2) The contract may cover a person performing the community service 1
or the work-related activity or program. 2
(3) A person covered by the contract is entitled to compensation for 3
injury sustained only while performing the community service or the 4
workrelated activity or program. 5
3--Students 6
Subdivision
tudents 7
S
24.(1) WorkCover may enter into-- 8
(a) a contract of insurance for this subdivision with the authority 9
through which is administered the Education (Student Work 10
Experience) Act 1978 or the Education (Work Experience) Act 11
1996 in relation to a State student; or 12
(b) a contract of insurance for this subdivision with the person having 13
control of a non-State school in relation to a student enrolled at the 14
school who is 14 or over; or 15
(c) a contract of insurance for this subdivision with the college 16
attended by an industry placement student. 17
(2) The contract may cover the student for injury arising out of, or in the 18
course of, work experience or industry placement as provided under a 19
regulation but must not cover a student for damages. 20
(3) The student has the entitlement to compensation for injury that is 21
provided under a regulation. 22
(4) In this section-- 23
"college" means a college under the Vocational Education and Training 24
(Industry Placement) Act 1992. 25
"industry placement student" means an industry placement student 26
under the Vocational Educational and Training (Industry Placement) 27
Act 1992. 28
"non-State school" means a non State school under the Education 29
(General Provisions) Act 1989. 30
s 25 40 s 27
WorkCover Queensland
"State student" means a student to which the Education (Student Work 1
Experience) Act 1978, section 108 applies or a student defined in the 2
Education (Work Experience) Act 1996, dictionary. 3
4--Eligible persons 4
Subdivision
of "eligible person" 5
Meaning
25. An "eligible person" is an individual who, other than as a worker, 6
receives remuneration or other benefit for performing work, or providing 7
services as-- 8
(a) a contractor; or 9
(b) a self-employed individual; or 10
(c) a director of a corporation; or 11
(d) a trustee; or 12
(e) a member of a partnership. 13
person may apply to be insured 14
Eligible
26. WorkCover may enter into a contract of insurance for this 15
subdivision with an eligible person. 16
of eligible persons 17
Entitlements
27.(1) A person mentioned in this subdivision who is covered under a 18
contract of insurance entered into with WorkCover for this subdivision has, 19
subject to this subdivision-- 20
(a) an entitlement to weekly payments of compensation under 21
chapter 3, part 8, division 4, subdivision 3 and division 5;9 and 22
8 Education (Student Work Experience) Act 1978, section 10 (Workers'
compensation)
9 Chapter 3 (Compensation), pt 8 (Weekly payment of compensation), div 4
(Entitlement for total incapacity), sdiv 3 (Persons entitled to compensation other
than workers and students) and div 5 (Entitlement for partial incapacity)
s 28 41 s 30
WorkCover Queensland
(b) for all other entitlements--the same entitlements to compensation 1
as a worker. 2
(2) The contract does not cover payment of damages for injury sustained 3
by the person. 4
5--Other persons 5
Subdivision
persons 6
Other
28.(1) WorkCover may enter into a contract of insurance for this 7
subdivision with a person (the "insured person"), whether or not an 8
employer, for injury sustained by other persons. 9
(2) The contract may cover a person who performs work or provides a 10
service from which the insured person gains a benefit for the same 11
entitlements provided to a worker under this Act. 12
(3) Cover under the contract must not exceed the cover available under 13
this Act for-- 14
(a) compensation; or 15
(b) damages. 16
Division 4--Spouses, members of the family and dependants 17
of "dependant" 18
Meaning
29. A "dependant", of a deceased worker, is a member of the deceased 19
worker's family who was completely or partly dependent on the worker's 20
earnings at the time of the worker's death or, but for the worker's death, 21
would have been so dependent. 22
of "member of the family" 23
Meaning
30. A person is a "member of the family" of a deceased worker, if the 24
person is-- 25
(a) the worker's-- 26
s 31 42 s 32
WorkCover Queensland
(i) spouse; or 1
(ii) parent, grandparent and stepparent; or 2
(iii) child, grandchild and stepchild; or 3
(iv) brother, sister, half-brother and half-sister; or 4
(b) if the worker stands in the place of a parent to another 5
person--the other person; or 6
(c) if another person stands in the place of a parent to the deceased 7
worker--the other person. 8
of "spouse" 9
Meaning
31.(1) The "spouse", of a deceased worker, includes a person who, 10
although not legally married to the deceased worker, lived with the worker 11
as the worker's husband or wife-- 12
(a) for a continuous period of at least 1 year immediately before the 13
worker's death; or 14
(b) if the worker left a dependant who is a child of the 15
relationship--immediately before the worker's death. 16
(2) In this section-- 17
"child of the relationship" means a child of the deceased worker and the 18
other person, and includes a child born after the worker's death. 19
"dependant" includes a child born after the worker's death who would 20
have been completely or partly dependent on the worker's earnings 21
after the child's birth if the worker had not died. 22
Division 5--Employers 23
of "employer" 24
Meaning
32.(1) An "employer" is a person who employs a worker and 25
includes-- 26
(a) a government entity that employs a worker; and 27
(b) a deceased employer's legal personal representative. 28
s 33 43 s 34
WorkCover Queensland
(2) A reference to an employer of a worker who sustains an injury is a 1
reference to the employer out of whose employment, or in the course of 2
whose employment, the injury arose. 3
Division 6--Injuries and impairment 4
1--Event resulting in injury 5
Subdivision
of "event" 6
Meaning
33.(1) An event is anything that results in injury, including a latent onset 7
injury, to a worker. 8
(2) An event includes continuous or repeated exposure to substantially 9
the same conditions that results in an injury to a worker. 10
(3) A worker may sustain 1 or multiple injuries as a result of an event 11
whether the injury happens or injuries happen immediately or over a period. 12
(4) If multiple injuries result from an event, they are taken to have 13
happened in 1 event. 14
(5) In this section-- 15
"latent onset injury" means an insidious disease. 16
Subdivision 2--Injury 17
of "injury" 18
Meaning
34.(1) An "injury" is personal injury arising out of, or in the course of, 19
employment if the employment is the major significant factor causing the 20
injury. 21
(2) However, employment need not be the major significant factor 22
causing the injury if section 36(2) or 37(2)10 applies. 23
10 Section 36 (Injury while at a place of employment or another place of
employment) or 37 (Other circumstances)
s 34 44 s 34
WorkCover Queensland
(3) "Injury" includes the following-- 1
(a) a disease contracted in the course of employment, whether at or 2
away from the place of employment, if the employment is the 3
major significant factor causing the disease; 4
(b) an aggravation of a disease if the employment is the major 5
significant factor causing the aggravation; 6
(c) loss of hearing resulting in industrial deafness if the employment 7
is the major significant factor causing the loss of hearing; 8
(d) death from injury arising out of, or in the course of, employment 9
if the employment is the major significant factor causing the 10
injury; 11
(e) death from a disease mentioned in paragraph (a), or an 12
aggravation of a disease mentioned in paragraph (b), if the 13
employment is the major significant factor causing the disease or 14
aggravation. 15
(4) "Injury" does not include a personal injury, disease, or aggravation 16
of a disease sustained by a worker if the injury is a psychiatric or 17
psychological disorder arising out of, or in the course of, any of the 18
following circumstances-- 19
(a) reasonable management action taken in a reasonable way by the 20
employer in connection with the worker's employment; 21
(b) the worker's expectation or perception of reasonable management 22
action being taken against the worker; 23
(c) action by WorkCover or a self-insurer in connection with the 24
worker's application for compensation; 25
(d) circumstances in which a reasonable person, in the same 26
employment as the worker, would not have been expected to 27
sustain the injury. 28
29
Examples of actions that may be reasonable management actions taken in a reasonable
30
way--
31
ˇ action taken to transfer, demote, discipline, redeploy, retrench or dismiss
32
the worker
33
ˇ a decision not to award or provide promotion, reclassification or transfer
s 35 45 s 36
WorkCover Queensland
1
of, or leave of absence or benefit in connection with, the worker's
2
employment.
(5) For subsection (4), in deciding in a particular case whether 3
management action was reasonable or whether management action was 4
taken in a reasonable way-- 5
(a) regard must be had to what action or way of taking action would 6
have been reasonable for a worker of ordinary susceptibility to 7
psychiatric or psychological disorder; and 8
(b) regard must not be had to a particular worker's susceptibility to a 9
psychiatric or psychological disorder. 10
3--When injury arises out of, or in the course of, 11
Subdivision
employment 12
of sdiv 3 13
Application
35. This subdivision does not limit the circumstances in which an injury 14
to a worker arises out of, or in the course of, the worker's employment. 15
while at place of employment or another place of employment 16
Injury
36.(1) An injury to a worker is taken to arise out of, or in the course of, 17
the worker's employment if the event happens on a day on which the 18
worker has attended at the place of employment as required under the terms 19
of the worker's employment-- 20
(a) while the worker is at the place of employment and is engaged in 21
an activity for, or in connection with, the employer's trade or 22
business; or 23
(b) while the worker is away from the place of employment in the 24
course of the worker's employment; or 25
(c) while the worker is temporarily absent from the place of 26
employment during an ordinary recess if the event is not due to 27
the worker voluntarily subjecting themself to an abnormal risk of 28
injury during the recess. 29
s 37 46 s 37
WorkCover Queensland
(2) For subsection (1)(c), employment need not be the major significant 1
factor causing the injury. 2
circumstances 3
Other
37.(1) An injury to a worker is also taken to arise out of, or in the course 4
of, the worker's employment if the event happens while the worker-- 5
(a) is on a journey between the worker's home and place of 6
employment; or 7
(b) is on a journey between the worker's home or place of 8
employment and a trade, technical or other training school-- 9
(i) that the worker is required under the terms of the worker's 10
employment to attend; or 11
(ii) that the employer expects the worker to attend; or 12
(c) for an existing injury for which compensation is payable to the 13
worker--is on a journey between the worker's home or place of 14
employment and a place-- 15
(i) to obtain medical or hospital advice, attention or treatment; 16
or 17
(ii) to undertake rehabilitation; or 18
(iii) to submit to examination by a registered person under a 19
provision of this Act or to a requirement under this Act; or 20
(iv) to receive payment of compensation; or 21
(d ) is on a journey between the worker's place of employment with 22
1 employer and the worker's place of employment with another 23
employer; or 24
(e) is attending a school mentioned in paragraph (b) or a place 25
mentioned in paragraph (c). 26
(2) For subsection (1), employment need not be the major significant 27
factor causing the injury. 28
(3) For subsection (1), the journey-- 29
(a) must be by the shortest convenient route; and 30
s 38 47 s 38
WorkCover Queensland
(b) for a journey from or to a worker's home--starts or ends at the 1
boundary of the land on which the home is situated. 2
(4) In this section-- 3
"home", of a worker, means the worker's usual place of residence, and 4
includes a place where the worker-- 5
(a) temporarily resided before starting a journey mentioned in this 6
section; or 7
(b) intended to temporarily reside after ending a journey mentioned in 8
this section. 9
that happens during particular journeys 10
Injury
38.(1) This section applies if a worker sustains an injury in an event that 11
happens during a journey mentioned in section 37. 12
(2) The injury to the worker is not taken to arise out of, or in the course 13
of, the worker's employment if the event-- 14
(a) is completely or partly caused by a worker's action in which the 15
worker-- 16
(i) voluntarily subjects themself to a risk of injury; or 17
(ii) is in control of a vehicle while affected by the intentional 18
consumption of a substance that induces impairment; or 19
(iii) contravenes the Traffic Act 1949, if the contravention is the 20
major significant factor causing the event; or 21
(b) happens during or after-- 22
(i) a substantial delay before the worker starts the journey; or 23
(ii) a substantial interruption of, or deviation from, the journey. 24
(3) However, subsection (2)(b) does not apply if-- 25
(a) the reason for the delay, interruption or deviation is connected 26
with the workers' employment; or 27
(b) the delay, interruption or deviation arises because of 28
circumstances beyond the worker's control. 29
s 39 48 s 41
WorkCover Queensland
(4) In subsection (2)(a)-- 1
"action", of a worker, includes-- 2
(a) negligence or other tort by the worker; and 3
(b) the worker's failure to take reasonable care for the worker's own 4
safety. 5
4--Impairment from injury 6
Subdivision
of "impairment" 7
Meaning
39. An "impairment", from injury, is a loss of, or loss of efficient use 8
of, any part of a worker's body. 9
of "permanent impairment" 10
Meaning
40. A "permanent impairment", from injury, is an impairment that is 11
stable and stationary and not likely to improve with further medical or 12
surgical treatment. 13
of "work related impairment" 14
Meaning
41.(1) A worker's "work related impairment" from injury is the 15
worker's entitlement to lump sum compensation under section 19811 16
expressed as a percentage of statutory maximum compensation calculated 17
under section 201.12 18
(2) To prevent doubt, it is declared that a work related impairment only 19
relates to injury arising out of, or in the course of, the worker's employment 20
within the meaning of this division. 21
11 Section 198 (Calculation of lump sum compensation)
12 Section 201 (Calculation of WRI)
s 42 49 s 44
WorkCover Queensland
5--Certificate injury 1
Subdivision
of "certificate injury" 2
Meaning
42.(1) A "certificate injury" is-- 3
(a) a psychiatric or psychological injury from an event that results in 4
a WRI of a worker of 20% or more; or 5
(b) another injury from an event that results in a WRI of a worker of 6
20% or more. 7
(2) The worker's WRI for a psychiatric or psychological injury and the 8
worker's WRI for another injury must not be combined in calculating the 9
WRI for the worker's certificate injury. 10
Subdivision 6--Non-certificate injury 11
of "non-certificate injury" 12
Meaning
43.(1) A "non-certificate injury" is-- 13
(a) a psychiatric or psychological injury from an event that results in 14
a WRI of a worker of less than 20%; or 15
(b) another injury from an event that results in a WRI of a worker of 16
less than 20%; or 17
(c) an injury that does not result in any WRI of a worker. 18
(2) The worker's WRI for a psychiatric or psychological injury and the 19
worker's WRI for another injury must not be combined in calculating the 20
WRI for the worker's non-certificate injury. 21
Division 7--Rehabilitation 22
of "rehabilitation" 23
Meaning
44.(1) "Rehabilitation", of a worker, is-- 24
(a) necessary and reasonable-- 25
s 45 50 s 46
WorkCover Queensland
(i) suitable duties programs; or 1
(ii) services provided by a registered person; or 2
(iii) services approved by WorkCover or a self-insurer; or 3
(b) the provision of necessary and reasonable aids or equipment to 4
the worker. 5
(2) The purpose of rehabilitation is to ensure the worker's earliest 6
possible return to work or to maximise the worker's independent 7
functioning. 8
of "rehabilitation coordinator" 9
Meaning
45. A "rehabilitation coordinator" is a person who-- 10
(a) has attended a workplace rehabilitation course approved by 11
WorkCover; and 12
(b) has a current certificate issued by WorkCover for satisfactorily 13
completing the course. 14
of "suitable duties" 15
Meaning
46. "Suitable duties", in relation to a worker, are work duties for which 16
the worker is suited having regard to the following matters-- 17
(a) the nature of the worker's incapacity and pre-injury employment; 18
(b) relevant medical information; 19
(c) the rehabilitation plan for the worker; 20
(d) the provisions of the employer's workplace rehabilitation policy 21
and procedures; 22
(e) the worker's age, education, skills and work experience; 23
(f) if duties are available at a location (the "other location") other 24
than the location in which the worker was injured--whether it is 25
reasonable to expect the worker to attend the other location; 26
(g) any other relevant matters. 27
s 47 51 s 51
WorkCover Queensland
of "workplace rehabilitation " 1
Meaning
47. "Workplace rehabilitation" is a system of rehabilitation accredited 2
by WorkCover that is initiated or managed by an employer. 3
of "workplace rehabilitation policy and procedures" 4
Meaning
48. "Workplace rehabilitation policy and procedures" are written 5
policy and procedures for workplace rehabilitation that are accredited by 6
WorkCover. 7
of "accredited workplace" 8
Meaning
49. An "accredited workplace" is a workplace that has workplace 9
rehabilitation policy and procedures. 10
CHAPTER 2--EMPLOYER'S OBLIGATIONS 11
ART 1--EMPLOYER'S LEGAL LIABILITY 12
P
legal liability 13
Employer's
50.(1) An employer is legally liable for compensation for injury 14
sustained by a worker employed by the employer. 15
(2) This Act does not impose any legal liability on an employer for 16
damages for injuries sustained by a worker employed by the employer, 17
though chapter 513 regulates access to damages. 18
liability confined to compensation 19
WorkCover's
51. WorkCover is not taken to be an employer of a worker because 20
13 Chapter 5 (Access to damages)
s 52 52 s 53
WorkCover Queensland
WorkCover has paid, is paying, or is liable to pay compensation to, or on 1
account of, the worker. 2
PART 2--EMPLOYER'S INSURANCE 3
REQUIREMENTS 4
Division 1--General obligations 5
obligation to insure 6
Employer's
52.(1) Every employer must, for each worker employed by the 7
employer, insure and remain insured, that is, be covered to the extent of 8
accident insurance, against injury sustained by the worker for-- 9
(a) the employer's legal liability for compensation; and 10
(b) the employer's legal liability for damages. 11
(2) The obligation to insure under subsection (1)(b) does not include an 12
obligation to insure for an employer's legal liability for damages for which 13
WorkCover is not authorised to indemnify the employer. 14
(3) The employer's liability must be provided for-- 15
(a) under a licence as a self-insurer under part 5;14 or 16
(b) under a WorkCover policy. 17
(4) An employer is not required by subsection (1) to insure against legal 18
liability for injury sustained by a seafarer employed by the employer, unless 19
the seafarer is employed on a Queensland ship. 20
if employer has other insurance 21
Exemption
53.(1) The board may exempt an employer from insuring under this Act 22
if the board is satisfied that the employer has similar insurance for the 23
employer's workers under another law. 24
14 Part 5 (Employer's self insurance)
s 54 53 s 56
WorkCover Queensland
(2) To exempt an employer, the board must first be satisfied that-- 1
(a) the employer's workers will not be disadvantaged; and 2
(b) the exemption will not adversely affect the workers' 3
compensation scheme. 4
Division 2--Contravention of employer's general obligation and 5
associated provisions 6
an employer contravenes the general obligation to insure 7
When
54. An employer who is not a self insurer contravenes section 5215 if-- 8
(a) before or immediately after the employer starts to employ any 9
worker or workers, the employer does not apply in the approved 10
form to WorkCover for the policy required under section 52; or 11
(b) having taken out a policy required under section 52, the employer 12
does not maintain it in force at all times while being an employer 13
by-- 14
(i) making at the time and in the way required every annual or 15
other periodic return required for all workers employed by 16
the employer; and 17
(ii) paying at the time and in the way required every premium 18
payable for the policy or for its renewal for any year. 19
of contravening general obligation to insure 20
Offence
55. An employer must not contravene section 52. 21
Maximum penalty--275 penalty units. 22
to charge worker for compensation or damages for injury 23
Offence
56. A person must not, directly or indirectly, take or receive from a 24
worker, whether by way of deduction from wages or otherwise, an amount 25
15 Section 52 (Employer's obligation to insure)
s 57 54 s 58
WorkCover Queensland
for anyone's legal liability as an employer for-- 1
(a) compensation for injury that is, or may be, sustained by the 2
worker; or 3
(b) damages for injury that is, or may be, sustained by the worker. 4
Maximum penalty--20 penalty units. 5
of unlawful charge for compensation or damages for injury 6
Recovery
57.(1) An amount taken or received from a worker in contravention of 7
section 56 with or without the worker's consent, may be recovered by the 8
worker as a debt from-- 9
(a) the person who took or received the amount; and 10
(b) if that person was acting for the worker's employer in taking or 11
receiving the money--the worker's employer. 12
(2) A worker is not entitled to recover the amount more than once. 13
ART 3--INSURANCE UNDER WORKCOVER 14
P
POLICIES GENERALLY 15
Division 1--Premium setting generally 16
of premium 17
Setting
58.(1) WorkCover must set the premium payable under a policy. 18
(2) The premium payable for the policy, other than a self-rater's policy, 19
for a period of insurance must be assessed according to the method (the 20
"method") and at the rate (the "rate") specified by WorkCover by 21
industrial gazette notice. 22
(3) If no rate is specified in the notice for an employer's industry or 23
business, WorkCover must decide the rate to be the rate applying to the 24
industry or business classification specified in the notice that most closely 25
describes the employer's industry or business. 26
s 59 55 s 59
WorkCover Queensland
(4) Before WorkCover publishes the industrial gazette notice, it must 1
notify the Minister of the proposed specification of method or rate. 2
(5) The specification is subject to any direction the Minister may make 3
under section 375.16 4
(6) An assessment of premium, other than a premium under a 5
self-rater's policy, must be made on the following basis-- 6
(a) wages paid or estimated to be paid during the period of 7
insurance-- 8
(i) are taken to have been paid in equal weekly instalments 9
during the period; or 10
(ii) if the employer establishes to WorkCover's satisfaction the 11
wages were paid by the employer in another way, are paid in 12
the other way during the period; 13
(b) the premium payable for the period of insurance is according to 14
the method and at the rate in force from time to time during the 15
period. 16
(7) An employer to whom a premium notice is given must pay the 17
premium as assessed by the due date. 18
(8) If an employer is aggrieved by WorkCover's decision, the employer 19
may apply to have the decision reviewed under chapter 9.17 20
premium on change of ownership of business 21
Setting
59.(1) This section applies if a person (a "new employer") acquires the 22
whole or a part of a business from an employer (a "former employer") 23
who is currently insured under a policy with WorkCover. 24
(2) In calculating the premium payable by the new employer, 25
WorkCover must have regard to the claims experience of the business 26
under the former employer. 27
16 Section 375 (Reserve power of Minister to give directions in public interest)
17 Chapter 9 (Reviews and appeals)
s 60 56 s 60
WorkCover Queensland
(3) However, subsection (2) applies only if the predominant industry 1
activity and location of the business remain the same as under the former 2
employer. 3
of premium for policy 4
Reassessment
60.(1) This section applies if in either the latest period of insurance for an 5
employer's policy or any of the 3 preceding periods of insurance-- 6
(a) WorkCover has made an assessment for an employer's policy 7
for the period of insurance; and 8
(b) WorkCover considers that the assessment does not accurately 9
reflect the employer's liability under the Act for the period. 10
(2) WorkCover may reassess the premium for the period and issue a 11
reassessment premium notice for the period. 12
(3) WorkCover must reassess the premium-- 13
(a) for a period after the commencement of this chapter--under 14
section 58;18 or 15
(b) for a period before the commencement of this chapter--under the 16
Workers' Compensation Act 1990. 17
(4) If, after the premium is reassessed, WorkCover is satisfied that 18
premium for the period has been overpaid, WorkCover must refund or 19
credit the amount of overpayment to the employer to whom the 20
reassessment premium notice is given. 21
(5) If, after the premium is reassessed, WorkCover is satisfied that 22
premium for the period has been underpaid, the employer to whom the 23
reassessment premium notice is given must pay the premium as 24
reassessed. 25
(6) If an employer is aggrieved by WorkCover's decision, the employer 26
may apply to have the decision reviewed under chapter 9.19 27
(7) This section does not limit another provision of this Act that-- 28
18 Section 58 (Setting of premium)
19 Chapter 9 (Reviews and appeals)
s 61 57 s 61
WorkCover Queensland
(a) allows WorkCover to recover an amount, whether by way of 1
penalty or otherwise; or 2
(b) creates an offence for a contravention of this Act. 3
Division 2--Assessments on contravention of general obligation to 4
insure 5
of compensation and unpaid premium 6
Recovery
61.(1) This section applies if an employer contravenes section 52.20 7
(2) WorkCover may recover from the employer-- 8
(a) the amount of unpaid premium together with a penalty equal to 9
100% of the unpaid premium; and 10
(b) if WorkCover has paid compensation or damages for an injury 11
sustained by a worker when the employer was in contravention of 12
section 52 in relation to the worker--the amount of the payment 13
made together with a penalty equal to 50% of the payment. 14
(3) The employer may apply in writing to WorkCover to waive or reduce 15
the penalty because of extenuating circumstances. 16
(4) The application must specify the extenuating circumstances and the 17
reasons the penalty should be waived or reduced in the particular case. 18
(5) WorkCover must consider the application and may-- 19
(a) waive or reduce the penalty; or 20
(b) refuse to waive or reduce the penalty. 21
(6) If the employer is aggrieved by WorkCover's decision, the employer 22
may apply to have the decision reviewed under chapter 9.21 23
(7) In this section-- 24
"worker" means a worker employed by the employer. 25
20 Section 52 (Employer's obligation to insure)
21 Chapter 9 (Reviews and appeals)
s 62 58 s 62
WorkCover Queensland
assessment on reasonable suspicion 1
Default
62.(1) This section applies if WorkCover suspects on reasonable 2
grounds, that an employer has contravened section 52.22 3
(2) WorkCover may make a default assessment of premium based on 4
the amounts WorkCover considers to be adequate cover. 5
(3) For subsection (2), WorkCover may have regard to-- 6
(a) the probable wages paid or to be paid by the employer during the 7
period of insurance for which the default assessment is made; and 8
(b) the nature of the employer's industry or business. 9
(4) The amount of premium to be paid by the employer under the default 10
assessment must be calculated according to the method and at the rate 11
mentioned in section 58.23 12
(5) As soon as practicable after a default assessment is made, 13
WorkCover must give the employer written notice of the assessment and of 14
the amount of premium. 15
(6) The employer may, by written notice given to WorkCover, object to 16
the default assessment within 21 days of receiving the premium notice. 17
(7) The objection must specify the reasons that the employer considers 18
the assessment is excessive. 19
(8) WorkCover must consider the objection and may-- 20
(a) reassess the default assessment; or 21
(b) refuse to reassess the default assessment. 22
(9) If the employer is aggrieved by WorkCover's decision under 23
subsection (8), the employer may apply to have the decision reviewed under 24
chapter 9.24 25
(10) If the employer does not object to the default assessment within 26
21 days of receiving the premium notice, the amount of premium assessed 27
22 Section 52 (Employer's obligation to insure)
23 Section 58 (Setting of premium)
24 Chapter 9 (Reviews and appeals)
s 63 59 s 64
WorkCover Queensland
and notified to the employer becomes payable immediately at the end of the 1
21 days. 2
(11) WorkCover may act under this section even if WorkCover knows 3
the employer has contravened section 52.25 4
assessment and recovery after payment of default assessment 5
Further
63. Payment by an employer of the amount of a default assessment, or 6
the amount as varied on objection, review or appeal by the employer, does 7
not stop WorkCover-- 8
(a) if WorkCover considers that the assessment does not accurately 9
reflect the employer's liability under the Act for the 10
period--reassessing the default assessment; and 11
(b) if compensation has or damages have been paid for an injury 12
sustained by a worker employed by the employer, recovering the 13
amount paid together with a penalty equal to 50% of the payment 14
mentioned in section 61.26 15
separate liabilities for 1 period of default 16
Employer's
64. For any period an employer contravenes section 52,27 the employer is 17
liable-- 18
(a) to a proceeding for an offence under section 55;28 and 19
(b) to a proceeding to recover an amount of premium or another 20
amount under section 61 or 6229 with or without a charge 21
imposed by WorkCover, whether or not a proceeding is taken for 22
an offence under section 55. 23
25 Section 52 (Employer's obligation to insure)
26 Section 61 (Recovery of compensation and unpaid premium)
27 Section 52 (Employer's obligation to insure)
28 Section 55 (Offence of contravening general obligation to insure)
29 Section 61 (Recovery of compensation and unpaid premium) or 62 (Default
assessment on reasonable suspicion)
s 65 60 s 66
WorkCover Queensland
Division 3--Additional premiums 1
premium payable if premium not paid 2
Additional
65.(1) An employer must pay WorkCover an additional premium 3
calculated as prescribed under a regulation if-- 4
(a) the employer is given a premium notice; and 5
(b) the employer does not pay WorkCover the amount specified in 6
the notice on or before the due date. 7
(2) WorkCover may recover the amount of premium and additional 8
premium payable to it by the employer. 9
(3) Until the employer has paid WorkCover the full amount specified in 10
the notice and any additional premium payable, the employer is not covered 11
by a policy. 12
additional premium payable after appeal to industrial 13
Further
magistrate 14
66.(1) An employer must pay WorkCover an additional premium 15
calculated as prescribed under a regulation if-- 16
(a) the employer's liability in relation to an assessment has been 17
decided by an industrial magistrate or the Industrial Court; and 18
(b) the employer fails to pay WorkCover the amount by which the 19
assessment is more than the amount of premium paid under 20
section 490(4)30 as a condition of the appeal to an industrial 21
magistrate within 21 days after the day the decision is made. 22
(2) WorkCover may recover the amount of the increase in assessment 23
and additional premium payable to it by the employer. 24
(3) Until the employer has paid WorkCover the full amount of the 25
increase in assessment and any additional premium payable, the employer 26
is not covered by a policy. 27
30 Section 490 (Appeal to industrial magistrate from decision on assessment)
s 67 61 s 69
WorkCover Queensland
premium for out-of-State workers 1
Additional
67.(1) This section applies if a worker's employment is not completely 2
performed in the State. 3
(2) WorkCover may, from time to time, charge an additional premium 4
on a policy issued to the worker's employer in an amount that WorkCover 5
considers necessary towards-- 6
(a) providing for compensation or damages payable for injury to the 7
worker; and 8
(b) covering the cost of administration of this Act in relation to the 9
worker. 10
may waive or reduce additional premium 11
WorkCover
68.(1) This section applies if an employer is liable to pay WorkCover an 12
additional premium. 13
(2) The employer may apply in writing to WorkCover to waive or reduce 14
the additional premium because of extenuating circumstances. 15
(3) The application must specify the extenuating circumstances and the 16
reasons the additional premium should be waived or reduced in the 17
particular case. 18
(4) WorkCover must consider the application and may-- 19
(a) waive or reduce the additional premium; or 20
(b) refuse to waive or reduce the additional premium. 21
(5) If the employer is aggrieved by WorkCover's decision, the employer 22
may apply to have the decision reviewed under chapter 9.31 23
Division 4--Employer's liability for excess period 24
of "excess period" 25
Meaning
69. In this division-- 26
31 Chapter 9 (Reviews and appeals)
s 70 62 s 70
WorkCover Queensland
"excess period" means the period of up to 4 days, calculated under a 1
regulation, that starts on the day that compensation under chapter 3, 2
part 7 is payable to the worker.32 3
liability for excess period 4
Employer's
70.(1) This section applies to-- 5
(a) an employer who is not a self-insurer and who is, or is required 6
to be, insured under a WorkCover policy; and 7
(b) a worker, other than a household worker employed by the 8
employer, who sustains an injury for which compensation is 9
payable. 10
(2) The employer must pay the worker an amount equal to the 11
compensation that, if this section did not apply, would be payable to the 12
worker by WorkCover for the excess period. 13
(3) WorkCover is not required to pay the compensation to the worker, 14
subject to subsection (5). 15
(4) If the worker is employed by more than 1 employer when the worker 16
sustains an injury, the amount under subsection (2)-- 17
(a) must be paid by the employer in whose employment the injury 18
was sustained; and 19
(b) is the amount that relates to the amount payable to the worker 20
under the contract of service with that employer. 21
(5) If the employer fails to pay the amount to the worker within 14 days 22
after receiving notice from WorkCover that the worker's application for 23
compensation has been allowed, WorkCover must make the payment to the 24
worker on the employer's behalf. 25
(6) WorkCover may recover from the employer the amount of the 26
payment made by it together with a penalty equal to 50% of the payment-- 27
(a) as a debt under section 526;33 or 28
32 Chapter 3 (Compensation), part 7 (Payment of compensation)
The time from which compensation is payable is dealt with under section 168.
33 Section 526 (Recovery of debts under this Act)
s 71 63 s 71
WorkCover Queensland
(b) as an addition to a premium payable by the employer. 1
(7) The employer may apply in writing to WorkCover to waive or reduce 2
the penalty because of extenuating circumstances. 3
(8) The application must specify the extenuating circumstances and the 4
reasons the penalty should be waived or reduced in the particular case. 5
(9) WorkCover must consider the application and may-- 6
(a) waive or reduce the penalty; or 7
(b) refuse to waive or reduce the penalty. 8
(10) If the employer is dissatisfied with WorkCover's decision, the 9
employer may ask that the decision be reviewed under chapter 9.34 10
(11) This section does not limit section 54.35 11
may insure against payment for excess period 12
Employer
71.(1) An employer may elect to insure with WorkCover against the 13
employer's liability to pay for the excess period. 14
(2) The employer must-- 15
(a) make written application to WorkCover; and 16
(b) pay the amount at the rate prescribed under a regulation-- 17
(i) at the start of a new policy; or 18
(ii) on renewal of the policy. 19
(3) If an employer insures with WorkCover against the employer's 20
liability to pay a worker for the excess period, WorkCover must pay the 21
worker for the excess period. 22
34 Chapter 9 (Reviews and appeals)
35 Section 54 (When an employer contravenes the general obligation to insure)
s 72 64 s 73
WorkCover Queensland
ART 4--SELFRATING 1
P
1--Preliminary 2
Division
is self-rating 3
What
72.(1) Self-rating allows an employer, who is registered under this part, 4
to pay a premium for a policy based on their own claims experience, rather 5
than the experience of their industry or business. 6
(2) Certain functions and powers of WorkCover may be provided to a 7
self-rater to enable the self-rater to manage their own claims for 8
compensation and provide injury management. 9
(3) The way the self-rater performs the functions and exercises the 10
powers is regulated under WorkCover's supervision. 11
Division 2--Issue of registration of self-rater 12
may apply to be a self-rater 13
Who
73.(1) The following employers may apply, in the approved form, to be 14
registered as a self-rater-- 15
(a) a single employer; 16
(b) a group employer. 17
(2) A body corporate may only apply as a single employer if no other 18
related bodies corporate to which it is related employ workers in 19
Queensland. 20
(3) A related bodies corporate group employer may only apply for 21
registration if all related bodies corporate are included in the application. 22
(4) WorkCover may register an employer as a self-rater only if the 23
employer can satisfy the requirements stated in this part. 24
s 74 65 s 75
WorkCover Queensland
and surcharge payable 1
Premium
74.(1) A self-rater must pay a premium and surcharge for each period of 2
insurance. 3
(2) WorkCover must give a self-rater written notice of the amount of the 4
premium and surcharge. 5
(3) A regulation may prescribe-- 6
(a) the way the premium and surcharge are calculated; and 7
(b) the time within which the premium and surcharge must be paid. 8
(4) If a self-rater is aggrieved with WorkCover's decision about the 9
amount of the premium payable, the self-rater may apply to have the 10
decision reviewed under chapter 9.36 11
of registration to single employer 12
Issue
75. WorkCover may register a single employer to be a self-rater only if 13
satisfied that-- 14
(a) the number of fulltime workers employed in Queensland by the 15
employer is at least 500; and 16
(b) the employer's deemed premium would be at least $1M; and 17
(c) the registration will cover all workers, employed in Queensland, 18
of the employer; and 19
(d) the employer has given WorkCover the unconditional bank 20
guarantee or cash deposit required under section 84;37 and 21
(e) all workplaces of the employer-- 22
(i) are accredited workplaces; or 23
(ii) if not accredited workplaces-- 24
(A) are adequately serviced by a rehabilitation coordinator 25
who is in Queensland and employed under a contract of 26
service by the employer; and 27
36 Chapter 9 (Reviews and appeals)
37 Section 84 (Bank guarantee or cash deposit)
s 76 66 s 76
WorkCover Queensland
(B) have workplace rehabilitation policies and procedures; 1
and 2
(f) the employer is fit and proper to be a self-rater. 3
of registration to group employer 4
Issue
76. WorkCover may register a group employer to be a self-rater only if 5
satisfied that-- 6
(a) the applicant is a group employer; and 7
(b) the combined number of fulltime workers employed in 8
Queensland by the group employer is at least 500; and 9
(c) the combined deemed premium of all members of the group 10
would be at least $1M; and 11
(d) the registration will cover all workers, employed in Queensland, 12
of the group employer; and 13
(e) the group employer has given Workcover the unconditional bank 14
guarantee or cash deposit required under section 84;38 and 15
(f) all workplaces of each member of the group-- 16
(i) are accredited workplaces; or 17
(ii) if not accredited workplaces-- 18
(A) are adequately serviced by a rehabilitation coordinator 19
who is in Queensland and employed under a contract of 20
service by the group employer or a member of the 21
group; and 22
(B) have workplace rehabilitation policies and procedures; 23
and 24
(g) the group employer is fit and proper to be a self-rater. 25
38 Section 84 (Bank guarantee or cash deposit)
s 77 67 s 79
WorkCover Queensland
of the number of fulltime workers 1
Calculation
77.(1) For sections 75(a) and 76(b),39 the number of fulltime workers is 2
calculated by-- 3
(a) calculating the total number of ordinary time hours worked by the 4
workers employed during a continuous 6 month period in the 1 5
year immediately before the application is given to WorkCover; 6
and 7
(b) dividing the number of hours by 910. 8
(2) The whole number resulting from the division is the number of 9
fulltime workers. 10
(3) The continuous 6 month period is the period chosen by the applicant. 11
employed in Queensland 12
Workers
78. For sections 75 and 76, a worker is employed in Queensland if the 13
worker would have an entitlement for an injury under section 139.40 14
applicant fit and proper 15
Whether
79.(1) This section applies when WorkCover is deciding whether a 16
single employer or group employer is fit and proper to be registered as a 17
self-rater. 18
(2) WorkCover may consider any relevant matter but must consider the 19
following matters-- 20
(a) whether the single employer or group employer has complied 21
with the Act or a former Act; 22
(b) if the single employer or group employer is applying to be 23
registered to perform functions and powers mentioned in 24
section 8841-- 25
39 Sections 75 (Issue of registration to single employer) and 76 (Issue of
registration to group employer)
40 Section 139 (Entitlement depends on where injury is sustained)
41 Section 88 (Conditions giving a self-rater some WorkCover functions and
powers)
s 80 68 s 81
WorkCover Queensland
(i) the resources and systems that the single employer or group 1
employer has in Queensland for administering claims for 2
compensation and managing rehabilitation for workers; 3
(ii) whether the single employer or group employer will be able 4
to give the information WorkCover may require in the way 5
WorkCover may require. 6
of self-rater 7
Audit
80.(1) WorkCover may carry out an audit of an applicant for self-rating 8
or a self-rater to decide whether the applicant or self-rater-- 9
(a) satisfies section 75 or 76; and 10
(b) is fit and proper under section 79; and 11
(c) satisfies the conditions of registration. 12
(2) WorkCover may engage the services of a person who, in 13
WorkCover's opinion, has appropriate qualifications and experience to 14
carry out the audit. 15
of application for registration 16
Refusal
81.(1) This section applies if WorkCover refuses an application for the 17
issue of registration. 18
(2) WorkCover must give the applicant a written notice stating-- 19
(a) it has refused the application; and 20
(b) the reasons for the refusal; and 21
(c) the applicant may make a written submission to WorkCover in 22
further support of the application. 23
(3) The applicant may make a submission within 28 days after the notice 24
is given. 25
(4) If a submission is made, WorkCover must-- 26
(a) consider it; and 27
(b) decide whether to confirm or change the decision to refuse the 28
application. 29
s 82 69 s 84
WorkCover Queensland
(5) WorkCover must advise the applicant of its decision under 1
subsection (4)(b) within 28 days after the submission is made. 2
(6) If WorkCover does not change its decision, WorkCover must advise 3
the applicant that the applicant may appeal against the refusal under 4
chapter 9.42 5
of registration 6
Duration
82. Registration continues in force until cancelled. 7
of registration 8
Conditions
83.(1) Registration may be subject to-- 9
(a) the conditions prescribed under a regulation; and 10
(b) any conditions, not inconsistent with this Act, imposed by 11
WorkCover-- 12
(i) on registration; or 13
(ii) at any time during the period of registration. 14
(2) Conditions may include the conditions mentioned in section 88.43 15
(3) WorkCover, by written notice to a self-rater, may-- 16
(a) impose conditions on the registration; or 17
(b) impose further conditions on the registration; or 18
(c) vary conditions imposed on the registration. 19
(4) A condition may be imposed in relation to a particular employer who 20
is a member of a group employer. 21
guarantee or cash deposit 22
Bank
84.(1) A self-rater must lodge an unconditional bank guarantee or cash 23
deposit with WorkCover before the issue of registration. 24
42 Chapter 9 (Reviews and appeals)
43 Section 88 (Conditions giving a self-rater some workCover functions and powers)
s 85 70 s 85
WorkCover Queensland
(2) The guarantee or deposit must be for at least 50% of the self-rater's 1
estimated claims liability. 2
(3) The estimated claims liability must be assessed annually by an 3
actuary approved by WorkCover. 4
(4) The guarantee must remain in force or WorkCover must hold the 5
deposit-- 6
(a) at all times during the period of registration; and 7
(b) after cancellation of registration, as required by section 96.44 8
(5) The guarantee or deposit is not liable to be attached or levied on or 9
made the subject of any debts or claims against the self-rater by a person 10
other than WorkCover. 11
(6) In this section-- 12
"estimated claims liability" means the actuarial estimate of-- 13
(a) the liability for-- 14
(i) claims expected to arise in the 12 months after the 15
assessment; and 16
(ii) existing claims incurred by the self-rater; less 17
(b) the total amount expected to be paid in the 12 months after the 18
assessment. 19
cash deposit 20
Investing
85.(1) WorkCover may invest a cash deposit in an authorised investment 21
decided by WorkCover. 22
(2) Interest on the deposit must be paid to the self-rater at the end of each 23
financial year. 24
(3) WorkCover may deduct from the interest the reasonable costs of 25
administering the investment. 26
(4) In this section-- 27
44 Section 96 (Assessing residual liability after cancellation)
s 86 71 s 88
WorkCover Queensland
"authorised investment" means an investment authorised under the 1
Statutory Bodies Financial Arrangements Act 1982. 2
of group employers 3
Liability
86. The members of a group employer are jointly and severally liable for 4
any liability or duty imposed by this Act on the group or a member of the 5
group. 6
in group self-rater's membership 7
Change
87. A self-rater that is a group employer may change the group 8
membership on the registration with WorkCover's written consent. 9
Division 3--Functions, powers and obligations of self-raters 10
giving a self-rater some WorkCover functions and powers 11
Conditions
88.(1) A condition of a self-rater's registration may give to a self-rater 12
any of the following functions, powers and roles under WorkCover's 13
supervision-- 14
(a) a function or power of WorkCover under-- 15
(i) chapter 3 (other than sections 136(5), 160, 163 and 188, and 16
part 11);45 or 17
(ii) chapter 4 (other than sections 235(3)(a) and 238, and 18
part 4);46 or 19
45 Chapter 3 (Compensation) other than sections 136 (Compensation entitlement
can not be relinquished, assigned or subject to execution), 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)
46 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)
s 89 72 s 89
WorkCover Queensland
(iii) chapter 7, parts 3 and 5, and section 450;47 1
(b) a function or power of WorkCover mentioned in paragraph (a) 2
for the purpose only of helping WorkCover to perform a function 3
or exercise a power mentioned in paragraph (a); 4
(c) a role convenient for WorkCover's management of its functions 5
and powers. 6
(2) If a self-rater is given a function or power of WorkCover under a 7
provision of this Act, a reference to WorkCover in the provision is taken to 8
include a reference to the self-rater, subject to the conditions of the 9
self-rater's registration. 10
(3) WorkCover's functions and powers are not limited by a condition 11
under this section. 12
(4) The self-rater must perform and exercise the functions and powers 13
reasonably. 14
(5) If a single employer or group employer stops being a self-rater, the 15
employer no longer has the functions and powers. 16
that must be kept by self-rater 17
Documents
89.(1) This section applies if a self-rater's notice of registration specifies 18
functions and powers to be performed and exercised. 19
(2) The self-rater must keep the following documents-- 20
(a) documents relating to all claims made including, for example, 21
documents about-- 22
(i) a worker's application for compensation; or 23
(ii) compensation paid for injury sustained by a worker; or 24
(iii) medical management of an injured worker; or 25
(iv) rehabilitation of an injured worker; 26
47 Chapter 7 (Medical assessment tribunals), parts 3 (Jurisdiction of tribunals), 5
(Proceedings for exercise of tribunals' jurisdiction) and section 450 (Assessment
of additional compensation for prescribed disfigurement)
s 90 73 s 91
WorkCover Queensland
(b) documents that may assist in assessing the quality and timeliness 1
of the claims and rehabilitation management; 2
(c) any other documents required to be kept under the conditions of 3
the registration. 4
(3) The self-rater may only dispose of a document required to be kept 5
under subsection (2) with WorkCover's written consent. 6
must be given to WorkCover on request 7
Documents
90.(1) WorkCover may, by written notice, ask a self-rater to give 8
WorkCover the documents, copies of the documents or details from the 9
documents, mentioned in section 89. 10
(2) The notice must state the documents required and state a time within 11
which the documents must be given to WorkCover. 12
(3) The self-rater must comply with the notice unless the self-rater has a 13
reasonable excuse. 14
4--Cancellation of self-rater's registration 15
Division
registration may be cancelled 16
When
91. WorkCover may cancel a registration if-- 17
(a) any of the following persons contravenes this Act or a condition 18
of the registration-- 19
(i) the self-rater; 20
(ii) for a group employer-- 21
(A) a member employer of the group; or 22
(B) if the group employer is made up of related bodies 23
corporate--1 of the related bodies corporate; or 24
(b) the registration was issued because of a materially false or 25
misleading representation or declaration (made either orally or in 26
writing). 27
s 92 74 s 93
WorkCover Queensland
for cancellation 1
Procedure
92.(1) If WorkCover considers grounds exist to cancel a registration, 2
WorkCover must give the self-rater written notice-- 3
(a) stating the grounds for the cancellation and outlining the facts and 4
circumstances forming the basis for the grounds; and 5
(b) inviting the self-rater to show, within a stated time of at least 6
28 days, why the registration should not be cancelled. 7
(2) If, after considering all written representations made within the stated 8
time, WorkCover still considers that the registration should be cancelled, 9
WorkCover may cancel the registration. 10
(3) WorkCover must give the self-rater written notice of its decision to 11
cancel the self-rater's registration within 10 days after making the decision. 12
(4) The notice under subsection (3) must state-- 13
(a) the reasons for the decision; and 14
(b) that the self-rater may appeal against the decision under 15
chapter 9.48 16
(5) The decision takes effect on the day stated in the notice. 17
(6) WorkCover must record particulars of the cancellation. 18
may ask for cancellation 19
Self-rater
93.(1) A self-rater may, by written notice, ask for cancellation of its 20
registration. 21
(2) The notice must specify a date from which the cancellation is 22
requested, being not less than 28 days after the date the notice is given to 23
WorkCover. 24
(3) Cancellation takes effect-- 25
(a) from the day specified in the self-rater's notice; or 26
(b) if another day is decided by WorkCover--from the other day. 27
48 Chapter 9 (Reviews and appeals)
s 94 75 s 96
WorkCover Queensland
payable after cancellation 1
Premium
94. If a self-rater's registration is cancelled, the premium payable by the 2
former self-rater is to be calculated in the way prescribed under a regulation. 3
to WorkCover after cancellation 4
Transfer
95. On cancellation of registration, the former self-rater must 5
immediately give WorkCover all documents relating to claims held by the 6
former self-rater. 7
Maximum penalty--200 penalty units. 8
residual liability after cancellation 9
Assessing
96.(1) This section applies if registration is cancelled. 10
(2) The former self-rater's residual liability is the amount assessed by an 11
actuary appointed by WorkCover. 12
(3) WorkCover may ask an actuary to assess the residual liability after 13
the cancellation. 14
(4) After the assessment is made, WorkCover may, under section 74,49 15
reassess the premium and surcharge for the policy for the period of 16
registration. 17
(5) If the former self-rater fails to pay the premium within the time 18
prescribed under a regulation made under section 74, WorkCover may 19
recover the debt from the unconditional bank guarantee or cash deposit. 20
(6) WorkCover must retain the deposit or bank guarantee until it is 21
satisfied that the former self-rater's residual liability has been discharged or 22
adequately provided for. 23
(7) In this section-- 24
"residual liability" means the total of the accrued, continuing, future and 25
contingent liabilities for claims incurred during the registration period. 26
49 Section 74 (Premium and surcharge payable)
s 97 76 s 98
WorkCover Queensland
of bank guarantee or cash deposit after cancellation 1
Return
97.(1) This section applies if-- 2
(a) a self-rater's registration is cancelled; and 3
(b) the former self-rater considers that all accrued, continuing, future 4
and contingent liabilities of the self-rater have been discharged or 5
adequately provided for. 6
(2) The former self-rater may, by written notice given at least 1 year after 7
the cancellation, ask WorkCover to return the balance of the bank guarantee 8
or cash deposit. 9
(3) WorkCover must, within 90 days after being given the request-- 10
(a) return the balance; or 11
(b) if WorkCover considers that all accrued, continuing, future and 12
contingent liabilities of the self-rater have not been discharged or 13
adequately provided for--give the former self-rater a written 14
notice refusing to return the balance and stating the reasons for the 15
refusal. 16
(4) If WorkCover refuses to return the balance, the former self-rater may 17
appeal under chapter 9.50 18
(5) In this section-- 19
"return" includes relinquish. 20
ART 5--EMPLOYER'S SELFINSURANCE 21
P
1--Preliminary 22
Division
is self-insurance 23
What
98.(1) Self-insurance allows an employer, under a licence under this part, 24
to provide their own accident insurance for their workers, instead of 25
50 Chapter 9 (Reviews and appeals)
s 99 77 s 100
WorkCover Queensland
insuring with WorkCover. 1
(2) A self-insurer has all the liabilities that WorkCover would have, if 2
this part did not apply, for injuries sustained by the self-insurer's workers 3
arising out of events that happen during the period of the licence. 4
(3) Certain functions and powers of WorkCover are provided to a 5
self-insurer to enable the self-insurer to meet obligations in providing 6
accident insurance. 7
(4) The way the self-insurer performs the functions and exercises the 8
powers is regulated by WorkCover. 9
2--Issue and renewal of self-insurer's licence 10
Division
may apply to be a self-insurer 11
Who
99.(1) The following employers may apply to be licensed as a 12
self-insurer-- 13
(a) a single employer; 14
(b) a group employer. 15
(2) A body corporate may only apply as a single employer if no other 16
related bodies corporate to which it is related employs workers in 17
Queensland. 18
(3) A related bodies corporate group employer may only apply for a 19
licence if all related bodies corporate are included in the application. 20
(4) WorkCover may issue a licence to an employer only if the employer 21
can satisfy the requirements stated in this part. 22
the application is made 23
How
100. The application must-- 24
(a) be made to WorkCover in the approved form; and 25
(b) for a group employer--be made by all the members of the group 26
wanting to be licensed; and 27
(c) be accompanied by the fee prescribed under a regulation. 28
s 101 78 s 102
WorkCover Queensland
or renewal of licence to a single employer 1
Issue
101. WorkCover may issue or renew a licence to be a self-insurer to a 2
single employer only if satisfied that-- 3
(a) the number of fulltime workers employed in Queensland by the 4
employer is at least 500; and 5
(b) the net tangible assets of the employer are at least $100M; and 6
(c) the licence will cover all workers, employed in Queensland, of the 7
employer; and 8
(d) the employer has given WorkCover the unconditional bank 9
guarantee or cash deposit required under section 113;51 and 10
(e) the employer has the reinsurance cover required under 11
section 115;52 and 12
(f) all workplaces of the employer-- 13
(i) are accredited workplaces; or 14
(ii) if not accredited workplaces-- 15
(A) are adequately serviced by a rehabilitation coordinator 16
who is in Queensland and employed under a contract of 17
service by the employer; and 18
(B) have workplace rehabilitation policies and procedures; 19
and 20
(g) the employer is fit and proper to be a self-insurer. 21
or renewal of licence to a group employer 22
Issue
102. WorkCover may issue or renew a licence to be a self-insurer to a 23
group employer only if satisfied that-- 24
(a) the applicant is a group employer; and 25
(b) the combined number of fulltime workers employed in 26
Queensland by all members of the group is at least 500; and 27
51 Section 113 (Bank guarantee or cash deposit)
52 Section 115 (Reinsurance)
s 103 79 s 103
WorkCover Queensland
(c) the combined total net tangible assets of all members of the group 1
is at least $100M; and 2
(d) the licence will cover all workers, employed in Queensland, of the 3
group employer; and 4
(e) the group employer has given WorkCover the unconditional bank 5
guarantee or cash deposit required under section 113;53 and 6
(f) the group employer has the reinsurance cover required under 7
section 115;54 and 8
(g) all workplaces of each member of the group-- 9
(i) are accredited workplaces; or 10
(ii) if not accredited workplaces-- 11
(A) are adequately serviced by a rehabilitation coordinator 12
who is in Queensland and employed under a contract of 13
service by the group employer or a member of the 14
group; and 15
(B) have workplace rehabilitation policies and procedures; 16
and 17
(h) the group employer is fit and proper to be a self-insurer. 18
of the number of fulltime workers 19
Calculation
103.(1) For sections 101(a) and 102(b),55 the number of fulltime 20
workers is calculated by-- 21
(a) calculating the total number of ordinary time hours worked by the 22
workers employed during a continuous 6 month period in the 23
1 year immediately before the application is given to WorkCover; 24
and 25
(b) dividing the number of hours by 910. 26
53 Section 113 (Bank guarantee or cash deposit)
54 Section 115 (Reinsurance)
55 Sections 101 (Issue or renewal of licence to a single employer) and 102 (Issue or
renewal of licence to a group employer)
s 104 80 s 105
WorkCover Queensland
(2) The whole number resulting from the division is the number of 1
fulltime workers. 2
(3) The continuous 6 month period is the period chosen by the applicant. 3
employed in Queensland 4
Workers
104. For sections 101 and 102, a worker is employed in Queensland if 5
the worker would have an entitlement for an injury under section 139.56 6
applicant fit and proper 7
Whether
105.(1) This section applies when WorkCover is deciding whether a 8
single employer or group employer is fit and proper to be licensed or to 9
have a licence renewed. 10
(2) WorkCover may consider any relevant matter and must consider the 11
following matters-- 12
(a) whether the single employer or group employer is, and is likely to 13
continue to be, able to meet its liabilities; 14
(b) the long term financial viability of the single employer or group 15
employer evidenced by any relevant consideration including, for 16
example, its level of capitalisation, profitability and liquidity; 17
(c) the resources and systems that the single employer or group 18
employer has in Queensland for administering claims for 19
compensation and managing rehabilitation of workers; 20
(d) whether the single employer or group employer will be able to 21
give the information WorkCover may require in the way 22
WorkCover may require; 23
(e) for an application for renewal of a licence--whether the 24
self-insurer has performed the functions, or exercised the powers, 25
under section 11957 reasonably. 26
56 Section 139 (Entitlement depends on where injury is sustained)
57 Section 119 (Powers of self-insurers)
s 106 81 s 107
WorkCover Queensland
of self-insurer 1
Audit
106.(1) WorkCover may carry out an audit of an applicant for 2
self-insurance or a self-insurer to decide whether the applicant or 3
self-insurer-- 4
(a) satisfies section 101 or 102;58 and 5
(b) is fit and proper under section 105;59 and 6
(c) satisfies the conditions of the licence. 7
(2) WorkCover may engage the services of a person who, in 8
WorkCover's opinion, has appropriate qualifications and experience to 9
carry out the audit. 10
on application for the issue of a licence 11
Decision
107.(1) WorkCover must decide an application within 6 months of 12
receiving it. 13
(2) If WorkCover refuses an application for the issue of a licence, 14
WorkCover must give the applicant a written notice stating-- 15
(a) it has refused the application; and 16
(b) the reasons for the refusal; and 17
(c) the applicant may make a written submission to WorkCover in 18
further support of the application. 19
(3) The applicant may make a submission within 28 days after the notice 20
of refusal is given. 21
(4) WorkCover must consider the submission within 3 months of 22
receiving it and decide whether to confirm or change the decision to refuse 23
the application. 24
(5) WorkCover must advise the applicant of its decision under 25
subsection (4) within 7 days after the decision is made. 26
58 Section 101 (Issue or renewal of licence to a single employer) or 102 (Issue or
renewal of licence to a group employer)
59 Section 105 (Whether applicant fit and proper)
s 108 82 s 110
WorkCover Queensland
(6) If WorkCover does not change its decision, WorkCover must advise 1
the applicant that the applicant may appeal against the refusal under 2
chapter 9.60 3
of licence 4
Duration
108.(1) Unless sooner cancelled, a licence continues in force for a period 5
of not more than 2 years. 6
(2) The period must be stated in the licence. 7
of licence 8
Renewal
109.(1) A licence may be renewed by application to WorkCover in the 9
approved form. 10
(2) The self-insurer must apply to WorkCover at least 90 days before the 11
current licence period ends. 12
(3) If the self-insurer does not intend to renew the licence, the self-insurer 13
must advise WorkCover of that fact at least 90 days before the current 14
licence period ends. 15
(4) In considering an application, WorkCover must consider whether the 16
self-insurer has-- 17
(a) complied with this Act and the conditions of the licence; and 18
(b) acted reasonably in relation to the functions and powers under 19
section 119.61 20
of application for renewal of a licence 21
Refusal
110.(1) This section applies if WorkCover intends to refuse an 22
application for the renewal of a licence. 23
(2) Before refusing the application, WorkCover must give the applicant a 24
written notice stating-- 25
60 Chapter 9 (Reviews and appeals)
61 Section 119 (Powers of self-insurers)
s 111 83 s 111
WorkCover Queensland
(a) it proposes to refuse the application; and 1
(b) the reasons for the refusal; and 2
(c) the applicant may make a written submission to WorkCover in 3
further support of the application; and 4
(d) a period, of at least 42 days, at the end of which the refusal is to 5
take effect (the "review period"). 6
(3) The applicant may make a submission within 21 days after the notice 7
is given. 8
(4) If a submission is made, WorkCover must-- 9
(a) consider it; and 10
(b) decide whether to accept or refuse the application. 11
(5) WorkCover must advise the applicant of its decision before the end 12
of the review period. 13
(6) If no submission is made within the time mentioned in 14
subsection (3), the application is taken to be refused at the end of the review 15
period. 16
(7) If WorkCover refuses the application, WorkCover must advise the 17
applicant that the applicant may appeal against the refusal under chapter 9.62 18
(8) Despite section 108,63 if the period stated on the licence expires 19
before the end of the review period, the licence period is taken to be 20
extended to the end of the review period. 21
levy and surcharge payable 22
Annual
111.(1) A self-insurer must pay a levy and surcharge for each year of a 23
licence. 24
(2) WorkCover must give a self-insurer written notice of the amount of 25
the levy and surcharge. 26
(3) A regulation may prescribe-- 27
62 Chapter 9 (Reviews and appeals)
63 Section 108 (Duration of licence)
s 112 84 s 113
WorkCover Queensland
(a) the way the levy and surcharge are calculated; and 1
(b) the time within which the levy and surcharge must be paid. 2
(4) If a self-insurer is aggrieved with WorkCover's decision about the 3
amount of annual levy payable, the self-insurer may apply to have the 4
decision reviewed under chapter 9. 5
of licence 6
Conditions
112.(1) A licence may be subject to-- 7
(a) the conditions prescribed under a regulation; and 8
(b) any conditions, not inconsistent with this Act, imposed by 9
WorkCover-- 10
(i) on the issue or renewal of a licence; or 11
(ii) at any time during the period of the licence. 12
(2) WorkCover, by written notice to a self-insurer, may-- 13
(a) impose conditions on the licence; or 14
(b) impose further conditions on the licence; or 15
(c) vary conditions imposed on the licence. 16
(3) A condition imposed is effective whether or not it is endorsed on the 17
licence. 18
(4) A condition may be imposed in relation to a particular employer who 19
is a member of a group employer. 20
guarantee or cash deposit 21
Bank
113.(1) A self-insurer must lodge an unconditional bank guarantee or 22
cash deposit with WorkCover before the issue or renewal of a licence. 23
(2) The guarantee or deposit must be the greater of-- 24
(a) $5M; or 25
(b) 150% of the self-insurer's estimated claims liability. 26
(3) The estimated claims liability must be assessed annually by an 27
actuary approved by WorkCover. 28
s 114 85 s 114
WorkCover Queensland
(4) The guarantee must remain in force or WorkCover must hold the 1
deposit-- 2
(a) at all times during the period of the licence; and 3
(b) after cancellation of the licence, as required by section 129.64 4
(5) The guarantee or deposit is not liable to be attached or levied on or 5
made the subject of any debts or claims against the self-insurer by a person 6
other than WorkCover. 7
(6) In this section-- 8
"estimated claims liability" means the actuarial estimate of-- 9
(a) the liability for-- 10
(i) claims expected to arise in the 12 months after the 11
assessment; and 12
(ii) if the licence is being renewed--existing claims incurred by 13
the self-insurer; less 14
(b) the total amount expected to be paid in the 12 months after the 15
assessment. 16
cash deposit 17
Investing
114.(1) WorkCover may invest a cash deposit in an authorised 18
investment decided by WorkCover. 19
(2) Interest on the deposit must be paid to the self-insurer at the end of 20
each financial year. 21
(3) WorkCover may deduct from the interest the reasonable costs of 22
administering the investment. 23
(4) In this section-- 24
"authorised investment" means an investment authorised under the 25
Statutory Bodies Financial Arrangements Act 1982. 26
64 Section 129 (Assessing residual liability after cancellation)
s 115 86 s 117
WorkCover Queensland
1
Reinsurance
115.(1) A self-insurer must, before the issue or renewal of a licence-- 2
(a) effect, with an approved insurer, a contract of reinsurance of 3
liabilities approved by WorkCover; and 4
(b) give WorkCover a copy of the contract certified by the approved 5
insurer. 6
(2) The self-insurer's liability under the contract must be an amount 7
chosen by the self-insurer that is not less than $300 000 or more than $1M. 8
(3) The contract must be for an unlimited amount in excess of the 9
self-insurer's liability for each event that may happen during the period of 10
reinsurance. 11
(4) The contract-- 12
(a) must be current for the period of the licence; and 13
(b) must not be cancelled or varied by the self-insurer, or the 14
approved insurer, without WorkCover's consent. 15
(5) The approved insurer must endorse the contract to the effect that it 16
can not be cancelled or varied without WorkCover's consent. 17
(6) In this section-- 18
"approved insurer" means an insurer approved by the Insurance and 19
Superannuation Commissioner under the Insurance Act 1973 (Cwlth). 20
replaces WorkCover in liability for injury 21
Self-insurer
116. A self-insurer is liable, to the exclusion of WorkCover's liability, 22
for compensation and damages for all injuries sustained by workers 23
employed by the self-insurer arising from events happening during the 24
period of the licence. 25
of group employers 26
Liability
117. The members of a group employer are jointly and severally liable 27
for any liability or duty imposed by this Act on the group or a member of 28
the group. 29
s 118 87 s 119
WorkCover Queensland
in self-insurer's membership 1
Change
118.(1) A self-insurer that is a group employer may change the group 2
membership on the licence with WorkCover's written consent. 3
(2) A member who leaves the group remains jointly and severally liable 4
for payment of compensation or damages arising out of an injury sustained 5
by a worker of the member when the member was in the group. 6
3--Powers, functions and obligations of self-insurers 7
Division
of self-insurers 8
Powers
119.(1) A self-insurer has, in relation to the self-insurer's workers, the 9
functions and powers of WorkCover under the following provisions-- 10
(a) chapter 3 (other than sections 136(5), 160, 163 and 188(3), and 11
part 11);65 12
(b) chapter 4 (other than sections 235(3)(a) and 238, and part 4);66 13
(c) chapter 5 (other than sections 284, 306 and 319);67 14
(d) chapter 7, parts 3 and 5, and section 450.68 15
(2) The functions and powers must not be performed or exercised by 16
WorkCover in relation to the self-insurer's workers. 17
(3) A reference to WorkCover in the provisions mentioned in 18
subsection (1) is taken to be a reference to the self-insurer. 19
65 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)
66 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)
67 Chapter 5 (Access to damages) other than sections 284 (Employer to cooperate
with WorkCover), 306 (Carriage of proceedings) and 319 (Exemplary damages).
68 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 120 88 s 121
WorkCover Queensland
(4) The self-insurer must perform and exercise the functions and powers 1
reasonably. 2
(5) If a single employer or group employer ceases to be a self-insurer, 3
the employer no longer has the functions and powers, except to the extent 4
stated in section 127.69 5
that must be kept by self-insurer 6
Documents
120.(1) A self-insurer must keep the following documents-- 7
(a) documents relating to all claims made, including, for example, 8
documents about-- 9
(i) a worker's application for compensation; or 10
(ii) compensation paid for injury sustained by a worker; or 11
(iii) medical management of an injured worker; or 12
(iv) rehabilitation of an injured worker; 13
(b) documents that may assist in assessing the quality and timeliness 14
of the claims and rehabilitation management; 15
(c) documents that may assist in assessing the self-insurer's financial 16
situation; 17
(d) any other documents required to be kept under the conditions of 18
the licence. 19
(2) A self-insurer may only dispose of a document required to be kept 20
under subsection (1) with WorkCover's written consent. 21
must be given to WorkCover on request 22
Documents
121.(1) WorkCover may, by written notice, ask a self-insurer to give 23
WorkCover the documents, copies of the documents or details from the 24
documents, mentioned in section 120. 25
(2) The notice must state the documents required and state a time within 26
which the documents must be given to WorkCover. 27
69 Section 127 (Certain functions and powers may be held by former self-insurer
after cancellation)
s 122 89 s 123
WorkCover Queensland
(3) The self-insurer must comply with the notice, unless the self-insurer 1
has a reasonable excuse. 2
Division 4--Cancellation of self-insurer's licence 3
licence may be cancelled 4
When
122. WorkCover may cancel a licence if-- 5
(a) any of the following persons contravenes this Act or a condition 6
of the licence-- 7
(i) the self-insurer; 8
(ii) for a group employer-- 9
(A) a member employer of the group; or 10
(B) if the group employer is made up of related bodies 11
corporate--1 of the related bodies corporate; or 12
(b) the licence was issued because of a materially false or misleading 13
representation or declaration (made either orally or in writing); or 14
(c) the self-insurer decides not to renew the self-insurer's licence. 15
for cancellation 16
Procedure
123.(1) If WorkCover considers grounds exist to cancel a licence, 17
WorkCover must give the self-insurer written notice-- 18
(a) stating the grounds for the cancellation and outlining the facts and 19
circumstances forming the basis for the grounds; and 20
(b) inviting the self-insurer to show, within a stated time of at least 21
28 days, why the licence should not be cancelled. 22
(2) If, after considering all written representations made within the stated 23
time, WorkCover still considers that the licence should be cancelled, 24
WorkCover may cancel the licence. 25
(3) WorkCover must give the self-insurer written notice of the decision 26
to cancel the self-insurer's licence within 10 days after making the decision. 27
(4) The notice under subsection (3) must state-- 28
s 124 90 s 126
WorkCover Queensland
(a) the reasons for the decision; and 1
(b) that the self-insurer may appeal against the cancellation under 2
chapter 9.70 3
(5) The decision takes effect on the day stated in the notice. 4
(6) WorkCover must record particulars of the cancellation. 5
may ask for cancellation 6
Self-insurer
124.(1) A self-insurer may, by written notice, ask for cancellation of its 7
licence. 8
(2) The notice must specify a date from which the cancellation is 9
requested, being not less than 28 days after the date the notice is given to 10
WorkCover. 11
(3) Cancellation takes effect-- 12
(a) from the day specified in the self-insurer's notice; or 13
(b) if another day is decided by WorkCover--from the other day. 14
payable after cancellation 15
Premium
125. If a self-insurer's licence is cancelled, the premium payable by the 16
former self-insurer is to be calculated in the way prescribed under a 17
regulation. 18
to WorkCover after cancellation 19
Transfer
126. Other than as provided by section 127, on cancellation of a 20
licence-- 21
(a) the self-insurer's functions and powers under section 11971 end; 22
and 23
(b) for all applications for compensation held by the former self- 24
insurer immediately before the cancellation-- 25
70 Chapter 9 (Reviews and appeals)
71 Section 119 (Powers of self-insurers)
s 127 91 s 127
WorkCover Queensland
(i) the former self-insurer must immediately give WorkCover 1
all documents relating to the applications; and 2
(ii) WorkCover has all its functions and powers; and 3
(c) an application for compensation that, other than for this section, 4
would have been lodged with the self-insurer, must be lodged 5
with WorkCover; and 6
(d) WorkCover replaces the self-insurer for any proceeding being 7
taken, or that may be taken, by a worker or claimant against, or 8
by, the self-insurer as an insurer; and 9
(e) WorkCover has the rights, and assumes the obligations, of the 10
self-insurer under the contract of reinsurance. 11
Maximum penalty for paragraph (b)(i)--200 penalty units. 12
functions and powers may be held by former self-insurer 13
Certain
after cancellation 14
127.(1) The purpose of this section is to authorise a former self-insurer 15
to perform functions and exercise powers to manage claims arising during 16
the period when the former self-insurer was a self-insurer. 17
(2) If WorkCover considers it appropriate, WorkCover may, at the 18
request of a former self-insurer, allow the former self-insurer to continue to 19
have functions and powers previously had by the former self-insurer under 20
section 119.72 21
(3) WorkCover must give the former self-insurer written notice of the 22
functions and powers continued. 23
(4) WorkCover may impose conditions on the functions and powers 24
continued. 25
(5) The former self-insurer has the functions and powers as stated in the 26
notice. 27
72 Section 119 (Powers of self-insurers)
s 128 92 s 129
WorkCover Queensland
of ongoing costs from former self-insurer 1
Recovery
128.(1) This section applies if-- 2
(a) a licence is cancelled; and 3
(b) after the cancellation, WorkCover-- 4
(i) pays compensation for a worker for an application for 5
compensation allowed during the licence period; or 6
(ii) incurs management costs in managing the applications for 7
compensation. 8
(2) The compensation payments and management costs-- 9
(a) are a debt due to WorkCover by the former self-insurer; and 10
(b) are payable within 28 days of WorkCover's written demand for 11
payment, or a further period allowed by WorkCover. 12
(3) WorkCover may recover the debt from the unconditional bank 13
guarantee or cash deposit if the former self-insurer-- 14
(a) fails to pay the debt within the period; or 15
(b) authorises WorkCover to do so. 16
(4) In this section-- 17
"management costs" means the reasonable costs of administering the 18
former self-insurer's claims. 19
residual liability after cancellation 20
Assessing
129.(1) This section applies if a licence is cancelled. 21
(2) The former self-insurer's residual liability is the amount assessed by 22
an actuary appointed by WorkCover. 23
(3) WorkCover may ask an actuary to assess the residual liability after 24
the cancellation. 25
(4) The amount of liability assessed and management costs-- 26
(a) are a debt due to WorkCover by the former self-insurer; and 27
(b) are payable within 28 days of the date of assessment, or a further 28
period allowed by WorkCover. 29
s 130 93 s 130
WorkCover Queensland
(5) Without limiting subsection (4), if the former self-insurer fails to pay 1
the debt within the period, WorkCover may recover the debt from the 2
unconditional bank guarantee or cash deposit. 3
(6) WorkCover must retain the deposit or bank guarantee until it is 4
satisfied that the former self-insurer's residual liability has been discharged 5
or adequately provided for. 6
(7) In this section-- 7
"management costs" means the reasonable costs of-- 8
(a) administering the former self-insurer's claims; and 9
(b) the actuarial assessment of liability. 10
"residual liability" means the total of the accrued, continuing, future and 11
contingent liabilities for claims incurred during the licence period. 12
of bank guarantee or cash deposit after cancellation 13
Return
130.(1) This section applies if-- 14
(a) a self-insurer's licence is cancelled; and 15
(b) the former self-insurer considers that all accrued, continuing, 16
future and contingent liabilities of the self-insurer have been 17
discharged or adequately provided for. 18
(2) The former self-insurer may, by written notice given at least 1 year 19
after the cancellation, ask WorkCover to return the balance of the bank 20
guarantee or cash deposit. 21
(3) WorkCover must, within 90 days after being given the request-- 22
(a) return the balance; or 23
(b) if WorkCover considers that all accrued, continuing, future and 24
contingent liabilities of the self-insurer have not been discharged 25
or adequately provided for--give the former self-insurer a written 26
notice refusing to return the balance and stating the reasons for the 27
refusal. 28
s 131 94 s 132
WorkCover Queensland
(4) If WorkCover refuses to return the balance, the former self-insurer 1
may appeal under chapter 9.73 2
(5) In this section-- 3
"return" includes relinquish. 4
account 5
Contingency
131.(1) WorkCover may establish and maintain a contingency account to 6
meet any future liability against a former self-insurer. 7
(2) A regulation may prescribe that a specified percentage of the 8
self-insurer's annual levy may be paid to the account. 9
(3) Payments may be made from the contingency account if-- 10
(a) a self-insurer's licence is cancelled; and 11
(b) the bank guarantee or cash deposit lodged by a former 12
self-insurer is exhausted or has been returned; and 13
(c) WorkCover is unable to recover claims costs from the former 14
self-insurer. 15
HAPTER 3--COMPENSATION 16
C
PART 1--INTERPRETATION FOR CHAPTER 3 17
of "amount payable under an industrial instrument" 18
Meaning
132.(1) An amount payable under an industrial instrument to a worker is 19
the weekly rate of wages to which the worker is entitled for the time being 20
under the industrial instrument. 21
73 Chapter 9 (Reviews and appeals)
s 133 95 s 134
WorkCover Queensland
(2) However, if a worker is employed in an industry that is seasonal in 1
nature, the amount payable must reflect the relevant season under the 2
industrial instrument. 3
of "normal weekly earnings" 4
Meaning
133.(1) "Normal weekly earnings" are the normal weekly earnings of a 5
worker from employment (continuous or intermittent) had by the worker in 6
the 12 months immediately before the day the worker sustained an injury. 7
(2) If a worker has not had employment for the 12 months immediately 8
before the day the worker sustained an injury, "normal weekly earnings" 9
are the normal weekly earnings of the worker from employment 10
(continuous or intermittent) had by the worker in the period in which the 11
worker has had the employment. 12
(3) "Normal weekly earnings" are calculated as prescribed under a 13
regulation. 14
eaning of "QOTE" 15
M
134. "QOTE", for a financial year, is the seasonally adjusted amount of 16
Queensland full time adult persons ordinary time earnings as declared by 17
the Australian Statistician in the statistician's report about average weekly 18
earnings published immediately before the start of the financial year.74 19
74 The publication is currently entitled `Average Weekly Earnings States and
Australia'.
s 135 96 s 136
WorkCover Queensland
ART 2--COMPENSATION ENTITLEMENTS OF 1
P
WORKERS GENERALLY 2
1--General statement of entitlement 3
Division
entitlement and source of payments 4
Compensation
135.(1) Compensation is payable under and subject to this Act for an 5
injury sustained by a worker. 6
(2) The compensation must be paid by the employer if the employer is a 7
self-insurer. 8
(3) Otherwise the compensation must be paid by WorkCover. 9
entitlement can not be relinquished, assigned or 10
Compensation
subject to execution 11
136.(1) A worker or another person can not relinquish an entitlement to 12
compensation for an injury sustained by the worker or the person. 13
(2) An agreement made by the worker or the person purporting to 14
relinquish the entitlement is of no force or effect. 15
(3) Compensation can not be assigned, charged, taken in execution, or 16
attached, and a worker's entitlement to compensation can not pass to 17
another person by operation of law or otherwise, and no claim can be set off 18
against the amount. 19
(4) Subsection (3) is subject to subsection (5) and section 188(2)(b).75 20
(5) If an employer pays to a worker an amount, for example wages, to 21
which the worker is entitled as compensation for an injury, WorkCover 22
may reimburse the employer for the amount paid to the extent of the 23
worker's entitlement for the injury instead of paying the worker. 24
75 Section 188 (Recovery of compensation overpaid)
s 137 97 s 140
WorkCover Queensland
trustee may act for claimant 1
Public
137. If asked by a claimant, the public trustee may make and prosecute 2
an application for compensation, and act for the claimant, for any purpose 3
of the application. 4
trustee may receive payments for minors 5
Public
138.(1) This section applies if a person entitled to payment of lump sum 6
compensation or a redemption payment is under 18 years. 7
(2) WorkCover may pay the amount of the lump sum compensation or 8
redemption payment to the public trustee. 9
2--Entitlement in relation to place where injury is sustained 10
Division
depends on where injury is sustained 11
Entitlement
139. This Act confers an entitlement to compensation for an injury 12
sustained by a worker only if-- 13
(a) the worker is in Queensland when the injury is sustained, unless 14
section 140(2) applies; or 15
(b) the worker is outside Queensland when the injury is sustained 16
and section 140(1) applies. 17
and overseas arrangements 18
Interstate
140.(1) If-- 19
(a) an injury is sustained by a worker in another State or country in 20
circumstances that, had the injury been sustained in Queensland, 21
compensation would have been payable; and 22
(b) at the time of the injury, the worker's principal place of 23
employment was in Queensland; 24
compensation is payable as if the injury were sustained in Queensland. 25
(2) If-- 26
(a) an injury is sustained by a worker in Queensland; and 27
s 141 98 s 142
WorkCover Queensland
(b) at the time of the injury, the worker's principal place of 1
employment was in another State or country; 2
compensation is not payable for the injury. 3
(3) For this section, a worker's principal place of employment is in a 4
State or country if-- 5
(a) the worker usually works in that State or country; or 6
(b) for a worker who usually works in more than 1 State or 7
country--the employer's principal place of business is in that 8
State or country. 9
(4) In deciding whether a worker usually works in a State or country, 10
regard must be had to the worker's work history with the employer and the 11
intention of the worker and employer. 12
(5) However, regard must not be had to any temporary arrangement 13
under which the worker works in a State or country for a continuous period 14
of not longer than 6 months. 15
Division 3--Relationship of entitlement to other compensation 16
ends if compensated under corresponding laws 17
Entitlement
141.(1) This section applies if, for an injury, payment (by whatever name 18
called) that corresponds to compensation under this Act is made to, or on 19
account of, a person under an entitlement under a law of the 20
Commonwealth or of a place other than Queensland. 21
(2) The person's entitlement to compensation under this Act for the 22
injury stops. 23
recoverable if later paid under corresponding laws 24
Compensation
142.(1) This section applies if, for an injury-- 25
(a) payment of compensation is made under this Act to, or on 26
account of, a person; and 27
(b) subsequently payment (by whatever name called) that 28
corresponds to compensation under this Act is made to, or on 29
s 143 99 s 144
WorkCover Queensland
account of, the person under an entitlement under a law of the 1
Commonwealth or of a place other than Queensland for the 2
injury. 3
(2) WorkCover may recover the amount paid as compensation under this 4
Act from the person to whom, or on whose account, it was paid. 5
on compensation application if compensation available 6
Condition
under this Act and corresponding law 7
143.(1) This section applies if, for an injury, a person is entitled to-- 8
(a) payment of compensation under this Act; and 9
(b) payment that corresponds to compensation payable under this Act 10
under an entitlement under a law of the Commonwealth or of a 11
place other than Queensland. 12
(2) An application for compensation under this Act is duly made, and is 13
to be acted on, only if the claimant gives WorkCover the claimant's 14
statutory declaration that-- 15
(a) a claim for payment for the injury under the entitlement under the 16
law of the Commonwealth or of the place other than Queensland 17
has not been made; and 18
(b) a claim mentioned in paragraph (a) will not be made. 19
to compensation ends if damages claim is finalised 20
Entitlement
144.(1) This section applies if, for an injury, there is-- 21
(a) an entitlement to compensation; and 22
(b) an entitlement to recover damages against an employer or another 23
person. 24
(2) An entitlement to compensation ends when settlement for damages is 25
agreed or judgment for damages is given. 26
(3) In this section-- 27
"damages" includes damages under a legal liability existing independently 28
of this Act, whether or not within the meaning of section 11. 29
s 145 100 s 148
WorkCover Queensland
ART 3--COMPENSATION ENTITLEMENTS OF 1
P
PARTICULAR WORKERS 2
1--Seafarers 3
Division
of div 1 4
Application
145. This division applies to an injury sustained by a worker who was a 5
seafarer when the injury was sustained. 6
of "seafarer" 7
Meaning
146. "Seafarer" means a worker employed on a ship by the owner or 8
charterer of the ship-- 9
(a) as a master or an officer; or 10
(b) as crew or an apprentice; or 11
(c) in any other capacity. 12
of seafarers 13
Entitlements
147. A seafarer is entitled to compensation for an injury sustained only if 14
the seafarer is employed-- 15
(a) on a State ship; or 16
(b) on a Queensland ship, if the ship-- 17
(i) is not on a voyage interstate or to or from a country other 18
than Australia; and 19
(ii) is not within territorial waters of a country other than 20
Australia for a reason other than mishap, stress of weather 21
or offering assistance to a ship in distress. 22
on account of seafarers 23
Payment
148.(1) Compensation is not payable for the death of a seafarer who 24
leaves no dependants, if the owner or charterer of the ship on which the 25
s 149 101 s 150
WorkCover Queensland
seafarer was employed when the injury was sustained is, under an Act or 1
law in force in the State, liable to pay the expenses of the seafarer's funeral. 2
(2) Compensation is not payable for injury sustained by a seafarer for a 3
period during which the owner or charterer of the ship on which the seafarer 4
was employed when the injury was sustained is, under another Act or law 5
in force in the State, liable to pay the expenses, maintenance or wages of the 6
seafarer. 7
(3) Compensation payable for injury sustained by a seafarer must be paid 8
in full, despite any limitation of liability prescribed by another law. 9
(4) Subsection (3) applies subject to section 141.76 10
2--Miners 11
Division
of div 2 12
Application
149. This division applies to an injury sustained by a worker who was a 13
miner when the injury was sustained and the injury is the disease silicosis 14
or anthraco-silicosis. 15
of miners 16
Entitlements
150.(1) The worker is entitled to compensation only if subsection (2) or 17
(3) applies. 18
(2) Compensation is payable for the injury if the worker-- 19
(a) has been continuously resident in the State during the 5 years 20
immediately before-- 21
(i) the onset of incapacity due to the disease; or 22
(ii) death due to the disease, if it happens without the onset of 23
incapacity due to the disease; and 24
(b) during the period of residency, has been employed in 25
employment in mining, quarrying, stone crushing or stone cutting 26
in the State for at least 300 days. 27
76 Section 141 (Entitlement ends if compensated under corresponding laws)
s 151 102 s 152
WorkCover Queensland
(3) If subsection (2) does not apply, compensation is payable for the 1
injury if the worker-- 2
(a) has been resident in the State for periods totalling at least 5 years 3
during the 7 years immediately before-- 4
(i) the onset of incapacity due to the disease; or 5
(ii) death due to the disease, if it happens without the onset of 6
incapacity due to the disease; and 7
(b) during the period of residency, has been employed in 8
employment in mining, quarrying, stone crushing or stone cutting 9
in the State for at least 500 days. 10
3--Workers with industrial deafness 11
Division
of div 3 12
Application
151. This division applies to a worker who has sustained an injury that is 13
industrial deafness. 14
for industrial deafness 15
Entitlements
152.(1) The worker is entitled to compensation for the industrial deafness 16
under part 9 and section 229(1)(a)77 and not under any other provision. 17
(2) The application for compensation for industrial deafness must be 18
made-- 19
(a) while the claimant is a worker under this Act; or 20
(b) if the claimant would ordinarily be a worker under this Act but is 21
temporarily unemployed; or 22
(c) within 12 months after the claimant's formal retirement from 23
employment. 24
77 Part 9 (Entitlement to compensation for permanent impairment) and section 229
(Extent of liability for medical treatment)
s 153 103 s 154
WorkCover Queensland
(3) The worker is entitled to compensation for industrial deafness that is 1
attributable to the worker's employment in the State as a worker if the 2
worker-- 3
(a) has been employed in an industry in the State for a period of, or 4
for periods totalling, at least 5 years; and 5
(b) the employment was at a location, or at locations, where the noise 6
level was the major significant factor causing the industrial 7
deafness. 8
(4) The worker is not entitled to compensation for the first 5% of the 9
worker's diminution of hearing. 10
(5) WorkCover must ask that the worker's degree of permanent 11
impairment resulting from the diminution of hearing be assessed under 12
section 197.78 13
application for compensation for industrial deafness 14
Further
153.(1) This section applies if a worker has lodged an application for 15
compensation for industrial deafness. 16
(2) The worker is entitled to lodge a further application for compensation 17
for industrial deafness only if it is lodged more than 3 years after the 18
previous application was lodged with WorkCover. 19
(3) The worker is entitled to further lump sum compensation if the 20
worker has sustained a further diminution of hearing of more than 5%. 21
(4) The further application must be decided under section 152. 22
Division 4--Workers with prescribed disfigurement 23
of div 4 24
Application
154. This division applies to a worker who has sustained an injury that 25
results in prescribed disfigurement. 26
78 Section 197 (Assessment of permanent impairment)
s 155 104 s 157
WorkCover Queensland
of worker who sustains prescribed disfigurement 1
Entitlements
155.(1) The worker is entitled to compensation under this division in 2
addition to compensation to which the worker is entitled under another 3
provision of this Act. 4
(2) In no case is weekly payment of compensation to be made for 5
prescribed disfigurement. 6
(3) Compensation for prescribed disfigurement is payable as lump sum 7
compensation in an amount calculated having regard to the severity of the 8
worker's prescribed disfigurement and the table of injuries. 9
PART 4--COMPENSATION AFFECTED BY 10
WORKERS' CONDUCT 11
injuries 12
Self-inflicted
156. Compensation is not payable for an injury sustained by a worker if 13
the injury is intentionally self-inflicted. 14
caused by misconduct 15
Injuries
157.(1) Compensation is payable for an injury sustained by a worker that 16
is caused by the worker's serious and wilful misconduct only if-- 17
(a) the injury results in death; or 18
(b) WorkCover considers that the injury could result in a WRI of 19
50% or more. 20
(2) However, compensation is not payable if the injury could result in a 21
WRI of 50% or more arising from-- 22
(a) a psychiatric or psychological injury; or 23
(b) combining a psychiatric or psychological injury and another 24
injury. 25
(3) If WorkCover and the worker can not agree that the worker's injury 26
could result in a WRI of 50% or more-- 27
s 158 105 s 159
WorkCover Queensland
(a) the degree of impairment that could be sustained by the worker 1
may be decided only by a medical assessment tribunal; and 2
(b) WorkCover must refer the question of the degree of impairment 3
to a tribunal for decision. 4
(4) In this section-- 5
"serious and wilful misconduct" of a worker does not include conduct 6
engaged in at the express or implied direction of the worker's 7
employer. 8
PART 5--COMPENSATION APPLICATION AND 9
OTHER PROCEDURES 10
for applying 11
Time
158.(1) An application for compensation is valid and enforceable only if 12
the application is lodged within 6 months after the entitlement to 13
compensation arises. 14
(2) If an application is lodged more than 28 days after the entitlement to 15
compensation arises, the extent of WorkCover's liability to pay 16
compensation starts on the day the valid application is lodged. 17
(3) Subsection (2) does not apply if death is, or results from, the injury. 18
(4) WorkCover may waive subsection (1) for a particular application if it 19
is satisfied that special circumstances of a medical nature, decided by a 20
medical assessment tribunal, exist. 21
(5) WorkCover may waive subsection (2) for a particular application if it 22
is satisfied that special circumstances exist. 23
for compensation 24
Applying
159.(1) An application for compensation must be made in the approved 25
form by the claimant. 26
(2) The application must be lodged-- 27
s 160 106 s 160
WorkCover Queensland
(a) if the claimant's employer is a self-insurer--with the 1
self-insurer;79 or 2
(b) if the claimant's employer is not a self-insurer--with 3
WorkCover. 4
(3) The application must be accompanied by-- 5
(a) a certificate in the approved form of a doctor who attended the 6
claimant; and 7
(b) any other evidence or particulars prescribed under a regulation. 8
(4) A registered dentist may issue the certificate mentioned in 9
subsection (3)(a) for an oral injury. 10
(5) If the claimant can not complete an application because of a physical 11
or mental incapacity, someone else may complete it on the claimant's 12
behalf. 13
duty to report injury 14
Employer's
160.(1) An employer, other than an employer who is a self-insurer, 15
whose worker sustains an injury for which compensation may be payable 16
must complete a report in the approved form and send it to the nearest 17
office of WorkCover. 18
(2) The employer must send the report immediately after the first of the 19
following happens-- 20
(a) the employer knows the injury has been sustained; 21
(b) the worker reports the injury to the employer; 22
(c) the employer receives WorkCover's written request for a report. 23
(3) If an employer fails to comply with subsection (1) within 10 days 24
after any of the circumstances mentioned in subsection (2), the employer 25
commits an offence, unless the employer has a reasonable excuse. 26
Maximum penalty--50 penalty units. 27
79 Specific reference to a self-insurer is included for clarity only, as a self-insurer
has WorkCover's functions under this chapter.
s 161 107 s 163
WorkCover Queensland
about application for compensation 1
Decision
161.(1) An application for compensation must be allowed or rejected in 2
the first instance by WorkCover. 3
(2) If WorkCover does not notify the claimant of its decision on the 4
application within 6 months after the application is lodged with WorkCover, 5
the claimant may apply to have the claimant's application reviewed under 6
chapter 9.80 7
by registered person 8
Examination
162.(1) WorkCover may at any time require a claimant or a worker to 9
submit to a personal examination by a registered person at a place 10
reasonably convenient for the claimant or worker. 11
(2) Subsection (3) applies if the claimant or worker-- 12
(a) fails to attend for the examination at the time and place advised by 13
WorkCover; or 14
(b) having attended, refuses to be examined by the registered person; 15
or 16
(c) obstructs, or attempts to obstruct, the examination. 17
(3) Any entitlement the claimant or worker may have to compensation is 18
suspended until the claimant or worker undergoes the examination. 19
must notify return to work or engagement in a calling 20
Worker
163.(1) A worker receiving compensation for an injury must give written 21
notice within 14 days of the worker's-- 22
(a) return to work; or 23
(b) engagement in a calling. 24
Maximum penalty--50 penalty units. 25
(2) The notice must be given-- 26
(a) if the worker's employer is a self-insurer--to the self-insurer; or 27
80 Chapter 9 (Reviews and appeals)
s 164 108 s 167
WorkCover Queensland
(b) if the worker's employer is not a self-insurer--to WorkCover. 1
(3) The notice may be a certificate in the approved form of a doctor 2
stating the worker's capacity for work. 3
of compensation during term of imprisonment 4
Suspension
164. WorkCover may suspend compensation payable to a worker if the 5
worker is serving a term of imprisonment. 6
not payable during suspension 7
Compensation
165. If an entitlement to compensation is suspended under this chapter or 8
chapter 4, 7 or 9,81 no compensation is payable for the period of 9
suspension. 10
PART 6--MAXIMUM STATUTORY 11
COMPENSATION 12
of pt 6 13
Application
166. This part applies to 1 injury or multiple injuries sustained by a 14
worker in any 1 event. 15
entitlement 16
Maximum
167.(1) The maximum amount of compensation payable for 1 injury or 17
multiple injuries sustained in 1 event is-- 18
(a) for compensation payable as weekly payments under 19
part 882--$103 100; 20
81 Chapter 4 (Injury management), 7 (Medical assessment tribunals) or 9 (Reviews
and appeals)
82 Part 8 (Weekly payment of compensation)
s 168 109 s 168
WorkCover Queensland
(b) for lump sum compensation payable under 1
section 19883--$103 100; 2
(c) for the total of compensation payable under paragraphs (a) and 3
(b)--$103 100. 4
(2) A worker to whom the maximum amount of compensation is paid is 5
not entitled to further compensation for the injury or multiple injuries 6
arising from the event for any period after the payment is made. 7
(3) However, subsections (1) and (2) do not limit the power to make 8
additional payment of compensation under part 9, division 4.84 9
PART 7--PAYMENT OF COMPENSATION 10
from which compensation payable 11
Time
168.(1) The entitlement to compensation for an injury arises on the day 12
the worker is assessed by-- 13
(a) a doctor; or 14
(b) if the injury is an oral injury and the worker attends a dentist--the 15
dentist. 16
(2) However, any entitlement to weekly payment of compensation starts 17
on-- 18
(a) if a doctor or dentist assesses the injury as resulting in total or 19
partial incapacity for work on the day the worker stops work 20
because of the injury--the day after the worker stops work 21
because of the injury; or 22
(b) if a doctor or dentist assesses the injury as resulting in total or 23
partial incapacity for work on a day later than the day the worker 24
83 Section 198 (Calculation of lump sum compensation)
84 Part 9 (Entitlement to compensation for permanent impairment), division 4
(Additional lump sum compensation)
s 169 110 s 170
WorkCover Queensland
stops work because of the injury--the day the doctor or dentist 1
assesses the injury. 2
(3) Subsection (2) is subject to section 158(2).85 3
PART 8--WEEKLY PAYMENT OF COMPENSATION 4
1--Application 5
Division
and object of pt 8 6
Application
169.(1) This part applies if a worker is totally or partially incapacitated 7
because of injury for which compensation is payable. 8
(2) The object of this part is to provide for weekly payments to the 9
worker during the period of incapacity. 10
2--Advances on weekly payments 11
Division
on account 12
Advances
170.(1) If WorkCover is satisfied that an application for compensation 13
under this part is well founded, it may from time to time advance to the 14
worker amounts on account of weekly payment of compensation as it 15
considers appropriate in the circumstances. 16
(2) WorkCover may exercise the power under subsection (1) at any time 17
before the entitlement to compensation is-- 18
(a) ascertained; or 19
(b) reviewed under chapter 9.86 20
85 Section 158 (Time for applying)
86 Chapter 9 (Reviews and appeals)
s 171 111 s 172
WorkCover Queensland
3--Adjustment of entitlements under pt 8 1
Division
can not receive more than if injury had not been sustained 2
Worker
171.(1) A worker must not receive an amount under this part that is 3
more than the worker would have received from the worker's employment 4
if the worker were at work and the injury had not been sustained. 5
(2) Subsection (1) has effect despite any other provision of this part. 6
to other benefits for workers 7
Regard
172. Despite divisions 4 and 5,87 in assessing the amount of weekly 8
payment of compensation WorkCover-- 9
(a) may have regard to the amount of an entitlement had by the 10
worker independently of this Act by way of-- 11
(i) payment or other benefit that is being, has been, or will be 12
received by the worker; and 13
(ii) payment that is being, has been, or will be made on account 14
of the worker; and 15
(b) may reduce the weekly payment of compensation by the 16
equivalent weekly amount of the payment or other benefit 17
mentioned in paragraph (a) for the relevant period of 18
compensation. 19
87 Divisions 4 (Entitlement for total incapacity) and 5 (Entitlement for partial
incapacity)
s 173 112 s 174
WorkCover Queensland
Division 4--Entitlement for total incapacity 1
Subdivision 1--Application of sdiv 1 2
to weekly payments 3
Entitlement
173. Compensation payable to a totally incapacitated worker or person to 4
whom subdivision 3 88 applies is a weekly payment under this division. 5
2--Workers 6
Subdivision
incapacity--workers whose employment is governed by an 7
Total
industrial instrument 8
174.(1) The compensation payable to a totally incapacitated worker 9
whose employment is governed by an industrial instrument is, for each 10
week-- 11
(a) for the first 26 weeks of the incapacity, the greater of the 12
following-- 13
(i) 85% of the worker's NWE; 14
(ii) the amount payable under the worker's industrial 15
instrument; and 16
(b) from the end of the first 26 weeks of the incapacity until the end 17
of the first 2 years of the incapacity, the greater of the following-- 18
(i) 65% of the worker's NWE; 19
(ii) 60% of QOTE; and 20
(c) from the end of the first 2 years of the incapacity until the end of 21
the first 5 years of the incapacity-- 22
(i) if a worker demonstrates to WorkCover that the injury could 23
result in a WRI of more than 15%--the greater of the 24
following-- 25
88 Subdivision 3 (Person entitled to compensation other than workers and students)
s 175 113 s 175
WorkCover Queensland
(A) 65% of the worker's NWE; 1
(B) 60% of QOTE; or 2
(ii) otherwise--an amount equal to the single pension rate. 3
(2) However, the amount paid under subsection (1)(b) or (c) must not be 4
more than the amount to which the worker would be entitled under 5
subsection (1)(a). 6
incapacity--workers whose employment is not governed by 7
Total
industrial instrument 8
175.(1) The compensation payable to a totally incapacitated worker 9
whose employment is not governed by an industrial instrument is, for each 10
week-- 11
(a) for the first 26 weeks of the incapacity, the greater of the 12
following-- 13
(i) 85% of the worker's NWE; 14
(ii) 70% of QOTE; and 15
(b) from the end of the first 26 weeks of the incapacity until the end 16
of the first 2 years of the incapacity, the greater of the following-- 17
(i) 65% of the worker's NWE; 18
(ii) 60% of QOTE; and 19
(c) from the end of the first 2 years of the incapacity until the end of 20
the first 5 years of the incapacity-- 21
(i) if a worker demonstrates to WorkCover that the injury could 22
result in a WRI of more than 15%--the greater of the 23
following-- 24
(A) 65% of the worker's NWE; 25
(B) 60% of QOTE; or 26
(ii) otherwise--an amount equal to the single pension rate. 27
(2) However, the amount must not be more than the worker's NWE. 28
s 176 114 s 176
WorkCover Queensland
incapacity--certain contract workers 1
Total
176.(1) The compensation payable to a totally incapacitated contract 2
worker is, for each week-- 3
(a) for the first 26 weeks of the incapacity, the greater of the 4
following-- 5
(i) 85% of the worker's NWE; 6
(ii) the amount payable under the worker's contract of service; 7
and 8
(b) from the end of the first 26 weeks of the incapacity until the end 9
of the first 2 years of the incapacity, the greater of the following-- 10
(i) 65% of the worker's NWE; 11
(ii) 60% of QOTE; and 12
(c) from the end of the first 2 years of the incapacity until the end of 13
the first 5 years of the incapacity-- 14
(i) if a worker demonstrates to WorkCover that the injury could 15
result in a WRI of more than 15%--the greater of the 16
following-- 17
(A) 65% of the worker's NWE; 18
(B) 60% of QOTE; or 19
(ii) otherwise--an amount equal to the single pension rate. 20
(2) However, the amount paid under subsection (1)(b) or (c) must not be 21
more than the amount to which the worker would be entitled under 22
subsection (1)(a). 23
(3) In this section-- 24
"contract worker" means a worker employed under a contract of 25
service-- 26
(a) as an officer of the public service; or 27
(b) as an officer of a government entity; or 28
(c) by a university; or 29
(d) as a salaried employee in the electricity industry; or 30
s 177 115 s 179
WorkCover Queensland
(e) by the chief executive of the department within which the Health 1
Services Act 1991 is administered. 2
incapacity--casual or part-time workers 3
Total
177.(1) The compensation payable to a totally incapacitated worker 4
engaged in casual or part-time employment is a payment under section 174, 5
175 or 176.89 6
(2) However, the payment must not be more than the worker's NWE. 7
incapacity--workers receiving certain benefits under 8
Total
Commonwealth law 9
178.(1) This section applies if a totally incapacitated worker was 10
receiving an age, disability support or class B widow pension under a 11
Commonwealth law when the injury was sustained. 12
(2) The compensation payable to the worker is the lesser of the following 13
amounts-- 14
(a) the amount the worker was earning at the time of the injury; 15
(b) the amount the worker is entitled to earn before the maximum 16
pension payable to the worker is reduced. 17
incapacity--workers with more than 1 employer 18
Total
179.(1) This section applies if-- 19
(a) a totally incapacitated worker is employed by more than 20
1 employer when the injury is sustained; and 21
(b) the worker's employment with 1 employer is other than as a 22
casual employee. 23
89 Section 174 (Total incapacity--workers whose employment is governed by an
industrial instrument)
Section 175 (Total incapacity--workers whose employment is not governed by
industrial instrument)
Section 176 (Total incapacity--certain contract workers)
s 180 116 s 181
WorkCover Queensland
(2) WorkCover may decide that the worker's entitlement to 1
compensation is to be calculated under the industrial instrument that 2
increases the worker's entitlement to compensation. 3
(3) If WorkCover makes a decision under subsection (2), the entitlement 4
to compensation is calculated under the industrial instrument decided by 5
WorkCover. 6
3--Persons entitled to compensation other than workers 7
Subdivision
and students 8
of sdiv 3 9
Application
180. This subdivision applies to a person entitled to compensation, other 10
than a worker or a student. 11
incapacity 12
Total
181.(1) The compensation payable to a totally incapacitated person is a 13
payment under this section. 14
(2) The payment for a person who is not in employment or 15
self-employed is the amount (if any) that WorkCover considers is 16
reasonable. 17
(3) However, the payment under subsection (2) must not be more than 18
60% of QOTE. 19
(4) The payment for a person who is employed, but not self-employed, 20
is a payment under section 174, 175, 176, 177, 178 or 179.90 21
(5) The payment for a person who is self-employed is, for each week-- 22
90 Section 174 (Total incapacity--workers whose employment is governed by an
industrial instrument)
Section 175 (Total incapacity--workers whose employment is not governed by a
industrial instrument),
Section 176 (Total incapacity--certain contract workers)
Section 177 (Total incapacity--casual or part-time workers)
Section 178 (Total incapacity--workers receiving certain benefits under
Commonwealth law)
Section 179 (Total incapacity--workers with more than 1 employer)
s 182 117 s 182
WorkCover Queensland
(a) for the first 26 weeks of the incapacity-- 1
(i) if subparagraph (ii) does not apply--70% of QOTE; or 2
(ii) if the person replaces the person's labour--the payment 3
under subsection (6); and 4
(b) from the end of the first 26 weeks of the incapacity until the end 5
of the first 2 years of the incapacity, the lesser of the following-- 6
(i) 60% of QOTE; 7
(ii) the reasonable cost of labour paid to replace the person; 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 a worker demonstrates to WorkCover that the injury could 11
result in a WRI of more than 15%--the greater of the 12
following-- 13
(A) 65% of the worker's NWE; 14
(B) 60% of QOTE; or 15
(ii) otherwise--an amount equal to the single pension rate. 16
(6) For subsection (5)(a)(ii), the amount is-- 17
(a) if paragraph (b) does not apply--85% of the reasonable cost of 18
labour paid to replace the person; or 19
(b) if the reasonable cost of labour paid to replace the person is less 20
than 70% of QOTE--the reasonable cost of labour paid to replace 21
the person. 22
Subdivision 4--Reference to tribunal 23
incapacity--reference about impairment to medical assessment 24
Total
tribunal 25
182.(1) This section applies if-- 26
s 183 118 s 183
WorkCover Queensland
(a) for section 174(1)(c)(i), 175(1)(c)(i), 176(1)(c)(i) or 1
181(5)(c)(i),91 WorkCover and a worker or a person can not 2
agree that the injury could result in a WRI of more than 15%; or 3
(b) for section 174(1)(c)(ii), 175(1)(c)(ii), 176(1)(c)(ii) or 4
181(5)(c)(ii), WorkCover and a worker or a person can not agree 5
that the injury could result in a WRI of 15% or less. 6
(2) The degree of impairment that could result from the injury may be 7
decided only by a medical assessment tribunal. 8
(3) WorkCover must refer the question of impairment to a tribunal for 9
decision. 10
(4) In deciding the degree of impairment that could result from the 11
injury, a psychiatric or psychological injury must not be combined with 12
another injury. 13
5--Entitlement for partial incapacity 14
Division
for div 5 15
Definitions
183. In this division-- 16
"LE" means the worker's loss of earnings, expressed as a weekly rate, 17
because of the injury. 18
"loss of earnings" means the difference between-- 19
(a) the amount of the worker's normal weekly earnings at the time of 20
injury; and 21
(b) the amount-- 22
(i) of the worker's weekly earnings from employment during 23
the period of partial incapacity; or 24
91 Section 174 (Total incapacity--workers whose employment is governed by an
industrial instrument)
Section 175 (Total incapacity--workers whose employment is not governed by
an industrial instrument),
Section 176 (Total incapacity--certain contract workers)
Section 181 (Total incapacity)
s 184 119 s 185
WorkCover Queensland
(ii) if the worker is not in employment during the period of 1
partial incapacity--that could be reasonably expected to be 2
derived by the worker during the period, having regard to the 3
worker's incapacity and the availability of employment. 4
"MC" means the maximum compensation expressed as a weekly rate, that 5
would have been payable under this part had total incapacity of the 6
worker resulted from the injury. 7
"NWE" see section 133.92 8
"PC" means the compensation expressed as a weekly rate, payable for the 9
injury on account of the partial incapacity. 10
incapacity 11
Partial
184.(1) Compensation payable to a partially incapacitated worker is a 12
weekly payment under this section. 13
(2) The weekly payment is an amount calculated under the following 14
formula-- 15
PC = MC x LE 16
NWE. 17
(3) However, the amount must not be more than MC. 18
may require information from partially incapacitated 19
WorkCover
worker 20
185.(1) WorkCover may, by written notice given to a partially 21
incapacitated worker, require the worker to give WorkCover information 22
about, and particulars of, the worker's employment and earnings during a 23
period of partial incapacity. 24
(2) If a worker fails to give WorkCover the required information or 25
particulars within 14 days after receiving the notice, WorkCover may 26
suspend the worker's entitlement to weekly payments of compensation 27
until the worker fully complies with the request. 28
92 Section 133 (Meaning of normal weekly earnings)
s 186 120 s 188
WorkCover Queensland
Division 6--Review of compensation 1
of compensation and associated payments 2
Review
186.(1) WorkCover may, from time to time, review an entitlement to 3
compensation. 4
(2) On a review, WorkCover may terminate, suspend, decrease or 5
increase an entitlement. 6
of weekly payments--worker under 18 7
Review
187.(1) This section applies if a worker receiving weekly payments of 8
compensation-- 9
(a) was under 18 when the injury was sustained; and 10
(b) a review takes place more than 12 months after the injury was 11
sustained. 12
(2) The worker's entitlement to weekly compensation may be increased 13
from the date of the review. 14
(3) The worker's future entitlement to weekly payment of compensation 15
must be calculated having regard to the industrial instrument applying to the 16
worker as if the worker were at work and the injury had not been sustained. 17
(4) This section does not limit another provision of this chapter that 18
provides for a review of the worker's entitlement. 19
of compensation overpaid 20
Recovery
188.(1) This section applies if, for an application for compensation, 21
payment has been made to a worker or another person of an amount that is 22
more than the amount to which the worker or person is entitled. 23
(2) WorkCover may-- 24
(a) recover from the worker or person the difference between the 25
payment and the entitlement; or 26
(b) from time to time deduct from weekly payments of 27
compensation that become payable to the worker, whether for that 28
application or a subsequent application for compensation, the 29
s 189 121 s 190
WorkCover Queensland
difference between the payment and the entitlement, or any part of 1
the difference. 2
(3) If the overpayment has been made because of incorrect information 3
given by a worker's employer, WorkCover may recover the overpaid 4
amount from the employer. 5
Division 7--Redemption of weekly payments 6
receiving weekly payments for at least 2 years 7
Redemption--worker
189.(1) This section applies if-- 8
(a) a worker has been receiving weekly payments of compensation 9
for at least 2 years; and 10
(b) WorkCover receives a report from a doctor that the worker's 11
injury is not stable and stationary for the purposes of assessing 12
permanent impairment. 13
(2) WorkCover's liability to make weekly payments of compensation 14
may be discharged by a redemption payment to the worker in an amount 15
agreed between WorkCover and the worker. 16
moves interstate 17
Redemption--worker
190.(1) This section applies if-- 18
(a) a worker receiving weekly payments of compensation moves 19
interstate permanently; and 20
(b) WorkCover receives a report from a doctor that the worker's 21
injury is not stable and stationary for the purposes of assessing 22
permanent impairment. 23
(2) WorkCover's liability to make weekly payments of compensation 24
may be discharged by a redemption payment to the worker in an amount 25
agreed between WorkCover and the worker. 26
s 191 122 s 194
WorkCover Queensland
moves abroad 1
Redemption--worker
191.(1) This section applies if a worker receiving weekly payments of 2
compensation stops ordinarily residing in Australia. 3
(2) The worker stops being entitled to compensation. 4
(3) However, if the worker satisfies WorkCover that the worker's 5
incapacity resulting from the injury for which the compensation is payable 6
is permanent, the worker is entitled to a redemption payment in an amount 7
agreed between WorkCover and the worker. 8
of redemption payment 9
Calculation
192.(1) The amount of a redemption payment that WorkCover may pay 10
to a worker is an amount that is not more than the amount calculated under 11
the following formula-- 12
(156 x Q) TWP. 13
(2) In subsection (1)-- 14
"Q" is 60% of QOTE. 15
"TWP" means the total weekly payments already paid to the worker. 16
of redemption payment 17
Review
193.(1) If a worker asks, a redemption payment may be reviewed by 18
WorkCover within 12 months after the payment is made. 19
(2) On a review, WorkCover may decrease or, subject to section 192, 20
increase the payment. 21
compensation after redemption payment made 22
No
194. A worker to whom a redemption payment is made is not entitled to 23
further compensation for the event after the amount of the payment is 24
agreed or decided. 25
s 195 123 s 196
WorkCover Queensland
8--When entitlement to weekly payments stops 1
Division
weekly payments stop 2
When
195.(1) The entitlement of a worker to weekly payments under this part 3
stops when the first of the following happens-- 4
(a) the incapacity because of the work related injury stops; 5
(b) the worker has received weekly payments for the incapacity for 6
5 years; 7
(c) compensation under this part reaches the maximum amount 8
under part 6.93 9
(2) If subsection (1)(b) or (c) applies, the worker's entitlement to further 10
compensation for the injury stops. 11
(3) This section does not limit another provision of this Act that stops 12
weekly payments. 13
PART 9--ENTITLEMENT TO COMPENSATION FOR 14
PERMANENT IMPAIRMENT 15
1--General statement 16
Division
to assessment of permanent impairment and lump sum 17
Entitlement
compensation 18
196.(1) Under this part, WorkCover or a worker is entitled to ask for an 19
assessment to decide if a worker has sustained a degree of permanent 20
impairment from injury. 21
(2) If the worker is assessed under this part as having sustained a degree 22
of permanent impairment, the worker is entitled to a payment, or an offer of 23
payment, of lump sum compensation for the permanent impairment. 24
93 Part 6 (Maximum statutory compensation)
s 197 124 s 198
WorkCover Queensland
(3) In particular circumstances, the worker may be entitled to a payment 1
of additional lump sum compensation. 2
Division 2--Assessment of permanent impairment under table of 3
injuries 4
of permanent impairment 5
Assessment
197.(1) WorkCover may decide, or a worker may ask WorkCover, to 6
have the worker's injury assessed to decide if the worker's injury has 7
resulted in a degree of permanent impairment. 8
(2) WorkCover must have the degree of permanent impairment 9
assessed-- 10
(a) for industrial deafness--by an audiologist; or 11
(b) for a psychiatric or psychological injury--by a medical 12
assessment tribunal; or 13
(c) for another injury--by a doctor. 14
(3) The degree of permanent impairment must be assessed in the way 15
prescribed under a regulation and a report must be given to WorkCover 16
stating-- 17
(a) the matters taken into account, and the weight given to the 18
matters, in deciding the degree of permanent impairment; and 19
(b) any other information prescribed under a regulation. 20
of lump sum compensation 21
Calculation
198.(1) If, as a result of the assessment, a worker is entitled to lump sum 22
compensation, the amount of the lump sum compensation must be 23
calculated under a regulation having regard to the degree of permanent 24
impairment and the table of injuries.94 25
(2) Without limiting subsection (1), lump sum compensation for injury 26
94 For the maximum amount of lump sum compensation payable under section 198,
see part 6 (Maximum statutory compensation).
s 199 125 s 200
WorkCover Queensland
must not include an amount for a degree of impairment attributable to-- 1
(a) a condition existing before the injury; or 2
(b) a condition for which the worker is not entitled to compensation. 3
(3) The amount of lump sum compensation is to be calculated as at the 4
day WorkCover makes an offer of lump sum compensation to the worker 5
under section 205.95 6
to previous entitlement to lump sum compensation for injury 7
Regard
other than industrial deafness 8
199.(1) This section applies if-- 9
(a) a worker has previously had an entitlement to lump sum 10
compensation for injury (other than industrial deafness) to a part 11
of the worker's body; and 12
(b) the worker sustains a further injury to the same part of the body 13
(the "later injury"). 14
(2) Lump sum compensation under section 198 for the later injury must 15
be reduced by the worker's previous entitlement. 16
17
Example--
18
A worker loses the distal joint of the right index finger in a work related event and
19
has an entitlement to lump sum compensation for the permanent impairment. The
20
worker loses the remaining part of the right index finger in a subsequent work related
21
event. The entitlement for the second permanent impairment must be reduced by the
22
entitlement from the first permanent impairment.
to previous assessment for industrial deafness 23
Regard
200.(1) This section applies if-- 24
(a) a worker has previously had an entitlement to lump sum 25
compensation for industrial deafness; and 26
(b) the worker sustains further industrial deafness. 27
95 Section 205 (Offer of lump sum compensation)
s 201 126 s 203
WorkCover Queensland
(2) In deciding the lump sum compensation under section 19896 for the 1
further industrial deafness, the assessed percentage loss of hearing must be 2
reduced by the previously assessed percentage loss of hearing. 3
of WRI 4
Calculation
201.(1) If the worker is assessed as having a degree of permanent 5
impairment, WorkCover must calculate the worker's WRI. 6
(2) The WRI must be calculated under a regulation having regard to-- 7
(a) the worker's entitlement to lump sum compensation calculated 8
under section 198; and 9
(b) if the worker had a previous entitlement to lump sum 10
compensation for a similar injury other than industrial 11
deafness--the previous entitlement; and 12
(c) if the worker previously had an entitlement to lump sum 13
compensation for industrial deafness--the previous percentage 14
loss of hearing. 15
Division 3--Notification of assessment of permanent impairment 16
of div 3 17
Application
202. This division applies if an assessment of permanent impairment of 18
a worker's injury has been made under section 197.97 19
to give notice of assessment of permanent impairment 20
WorkCover
203.(1) WorkCover must, within 28 days after receiving the assessment 21
of the worker's permanent impairment, give the worker a notice of 22
assessment in the approved form. 23
(2) However, if a worker sustains multiple injuries in an event, 24
WorkCover must give the notice only after the worker's degree of 25
96 Section 198 (Amount of lump sum compensation)
97 Section 197 (Assessment of permanent impairment)
s 204 127 s 204
WorkCover Queensland
permanent impairment from all the injuries has been assessed. 1
(3) The notice must state-- 2
(a) whether the worker has sustained permanent impairment from 3
the injury; and 4
(b) if the worker has sustained permanent impairment-- 5
(i) the degree of permanent impairment attributable to the 6
injury; and 7
(ii) the WRI calculated for the injury resulting in either-- 8
(A) a certificate injury; or 9
(B) a non-certificate injury; and 10
(iii) the amount of lump sum compensation under section 19898 11
to which the worker is entitled for the injury; and 12
(c) if the worker has a WRI of 50% or more--the worker's 13
entitlement to-- 14
(i) additional lump sum compensation under section 210;99 and 15
(ii) additional lump sum (if any) for gratuitous care under 16
section 211.100 17
(4) If the notice states the worker has not sustained a degree of 18
permanent impairment, WorkCover must also give the worker a copy of 19
sections 11, 259, 260 and 325.101 20
disagreement with assessment of permanent impairment 21
Worker's
204.(1) This section applies if-- 22
98 Section 198 (Amount of lump sum compensation)
99 Section 210 (Additional lump sum compensation for certain workers)
100 Section 211 (Additional lump sum compensation for gratuitous care)
101 Section 11 (Meaning of "damages")
Section 259 (Claimant may seek damages only on receipt of notice of
assessment)
Section 260 (Consequences of seeking damages)
Section 325 (Principles about orders as to costs)
s 205 128 s 206
WorkCover Queensland
(a) the worker's degree of permanent impairment has not been 1
assessed by a medical assessment tribunal; and 2
(b) the worker does not agree with the degree of permanent 3
impairment stated in the notice of assessment. 4
(2) The worker must advise WorkCover within 28 days after the notice 5
is given (the "decision period") that the worker does not agree with the 6
degree of permanent impairment. 7
(3) The degree of permanent impairment may then be decided only by a 8
medical assessment tribunal. 9
(4) WorkCover must refer the question of degree of permanent 10
impairment to a tribunal for decision. 11
of lump sum compensation 12
Offer
205. If the worker has an entitlement to lump sum compensation under 13
section 198, 102 WorkCover must include, in the notice of assessment, an 14
offer of lump sum compensation to the worker (the "offer"). 15
injury 16
Certificate
206.(1) This section applies if the worker has a certificate injury. 17
(2) The worker may accept or defer a decision about the offer by giving 18
WorkCover written notice within the decision period. 19
(3) The worker is taken to have deferred the decision if, within the 20
decision period, the worker does not advise WorkCover that-- 21
(a) the offer is accepted; or 22
(b) the worker wants to defer the decision. 23
(4) If the worker accepts the offer, WorkCover must pay the worker the 24
amount of lump sum compensation. 25
102 Section 198 (Amount of lump sum compensation)
s 207 129 s 208
WorkCover Queensland
injury 1
Non-certificate
207.(1) This section applies if the worker has-- 2
(a) a non-certificate injury; and 3
(b) an entitlement to lump sum compensation. 4
(2) WorkCover must also, when giving the notice of assessment-- 5
(a) give the worker a copy of sections 11, 259, 260 and 325;103 and 6
(b) advise the worker that the worker must make an irrevocable 7
election as to whether the worker-- 8
(i) accepts the offer of payment of lump sum compensation; or 9
(ii) seeks damages for the injury. 10
(3) The worker may accept, reject or defer a decision about the offer by 11
giving WorkCover written notice within the decision period. 12
(4) The worker is taken to have deferred the decision if, within the 13
decision period, the worker does not advise WorkCover that the offer is 14
accepted or rejected. 15
(5) If the worker accepts the offer, WorkCover must pay the worker the 16
amount of lump sum compensation. 17
(6) If the worker fails to give WorkCover notice of the worker's election 18
before the worker seeks damages for the injury, the worker is taken to have 19
rejected lump sum compensation for the injury. 20
(7) For subsection (6), the worker is taken to seek damages for the injury 21
when the worker lodges a notice of claim under chapter 5.104 22
further compensation after fixed time 23
No
208.(1) This section applies to a worker who has been given a notice of 24
103 Section 11 (Meaning of "damages")
Section 259 (Claimant may seek damages only on receipt of notice of
assessment)
Section 260 (Consequences of seeking damages)
Section 325 (Principles about order as to costs)
104 Chapter 5 (Access to damages)
s 209 130 s 210
WorkCover Queensland
assessment. 1
(2) The worker is not entitled to further compensation for the injury after 2
the first of the following happens-- 3
(a) the worker notifies WorkCover of the worker's decision about 4
the offer within the decision period; 5
(b) 28 days have passed since the worker received the offer. 6
(3) This section does not limit the worker's entitlement to payment of-- 7
(a) lump sum compensation under section 206(4) or 207(5);105 or 8
(b) additional compensation, if any, under division 4. 9
Division 4--Additional lump sum compensation 10
of div 4 11
Application
209. This division applies only if a worker's WRI has been calculated. 12
lump sum compensation for certain workers 13
Additional
210.(1) This section applies if a worker sustains an injury that results in a 14
WRI of 50% or more. 15
(2) The worker is entitled to additional lump sum compensation of up to 16
$103 100 for the injury, payable according to a graduated scale prescribed 17
under a regulation. 18
(3) However, the worker is not entitled to additional lump sum 19
compensation if the WRI arises from-- 20
(a) a psychiatric or psychological injury; or 21
(b) combining a psychiatric or psychological injury and another 22
injury. 23
105 Section 206 (Certificate injury) or 207 (Non-certificate injury)
s 211 131 s 211
WorkCover Queensland
lump sum compensation for gratuitous care 1
Additional
211.(1) This section applies if a worker sustains an injury that results 2
in-- 3
(a) a WRI of 50% or more; and 4
(b) a moderate to total level of dependency on day to day care for the 5
fundamental activities of daily living. 6
(2) The worker is entitled to additional lump sum compensation only 7
if-- 8
(a) day to day care for the fundamental activities of daily living is to 9
be provided at the worker's home on a voluntary basis by another 10
person; and 11
(b) the worker resides at home on a permanent basis; and 12
(c) the level of care required was not provided to the worker before 13
the worker sustained the impairment; and 14
(d) the worker physically demonstrates the level of dependency 15
mentioned in subsection (1)(b). 16
(3) However, a worker is not entitled to additional lump sum 17
compensation if the WRI arises from-- 18
(a) a psychiatric or psychological injury; or 19
(b) combining a psychiatric or psychological injury and another 20
injury. 21
(4) WorkCover must ask that a registered occupational therapist assess 22
the worker's level of dependency resulting from the impairment in the way 23
prescribed under a regulation. 24
(5) The occupational therapist must give WorkCover an assessment 25
report stating-- 26
(a) the matters the therapist took into account, and the weight the 27
therapist gave to the matters, in deciding the worker's level of 28
dependency; and 29
(b) any other information prescribed under a regulation. 30
(6) WorkCover must decide the amount of the worker's entitlement to 31
additional compensation of up to $150 000, payable according to a 32
s 212 132 s 213
WorkCover Queensland
graduated scale prescribed under a regulation, having regard to-- 1
(a) the worker's WRI; and 2
(b) the worker's level of dependency; and 3
(c) any other information prescribed under a regulation. 4
(7) If the worker does not agree with the level of dependency assessed 5
under subsection (4), WorkCover must refer the matter of the worker's 6
level of dependency to the General Medical Assessment Tribunal for 7
decision. 8
(8) In this section-- 9
"home", of a worker, means a private dwelling where the worker usually 10
resides. 11
PART 10--COMPENSATION ON WORKER'S DEATH 12
and object of pt 10 13
Application
212.(1) This part applies if a worker dies because of an injury. 14
(2) The object of this part is to provide for payment by WorkCover of-- 15
(a) particular expenses arising from the worker's injury and death; 16
and 17
(b) compensation to persons having an entitlement to compensation 18
under this part. 19
for pt 10 20
Definition
213. In this part-- 21
"student" means a person who is under 21 and receiving full time 22
education at a school, college, university or similar institution. 23
s 214 133 s 217
WorkCover Queensland
whom payments made for death of worker 1
To
214.(1) Compensation for the death of a worker is payable-- 2
(a) to the worker's legal personal representative; or 3
(b) if there is no legal personal representative-- 4
(i) so far as the payment is by way of expenses to which a 5
person is entitled--to the person who has incurred the 6
expenses; or 7
(ii) so far as the payment is by way of compensation to the 8
worker's dependants--to the dependants entitled to 9
compensation. 10
(2) The worker's legal personal representative must pay or apply the 11
compensation to or for the benefit of the worker's dependants or other 12
persons entitled to compensation. 13
and partial dependants 14
Total
215. If compensation is payable for the death of a worker who is 15
survived by persons totally dependent on the worker and persons partially 16
dependent on the worker, the compensation may be apportioned between 17
the total dependants and the partial dependants. 18
compensation payable to public trustee 19
Dependant's
216. WorkCover may pay an amount of compensation payable to a 20
dependant to the public trustee for the dependant's benefit. 21
and funeral expenses must be paid by WorkCover 22
Medical
217. WorkCover must pay the reasonable expenses-- 23
(a) of the medical treatment of, or attendance on, the worker; and 24
(b) the worker's funeral. 25
s 218 134 s 219
WorkCover Queensland
dependency 1
Total
218.(1) This section applies if at least 1 of the worker's dependants was, 2
at the time of the worker's death, totally dependent on the worker's 3
earnings. 4
(2) The amount of compensation payable for the worker's dependants 5
is-- 6
(a) if the worker has left dependent members of the worker's family, 7
for the members--$164 960; and 8
(b) if the worker has left a totally dependent spouse and dependent 9
members of the worker's family who are under 16 or are 10
students, for each member other than the spouse--$6 190; and 11
(c) if the worker has left dependent members of the worker's family 12
or a child of the worker's spouse who was totally dependent on 13
the worker's earnings and who are under 16 or students, for each 14
member or child--a weekly amount equal to 7% of QOTE while 15
the member or child is under 16 or a student. 16
(3) However, the amount payable under subsection (2)(a) is subject to 17
any reduction made under section 221.106 18
dependency 19
Partial
219.(1) This section applies if all of the worker's dependants were, at the 20
time of the worker's death, partially dependent on the worker's earnings. 21
(2) The amount of compensation payable for the worker's dependants 22
is-- 23
(a) if the worker has left dependent members of the worker's family, 24
for the members--an amount WorkCover considers is 25
reasonable and proportionate to the monetary value of the loss of 26
dependence by the dependants; and 27
(b) if the worker has left dependent members of the worker's family 28
or a child of the worker's spouse who was partially dependent on 29
the worker's earnings and who are under 16 or students, for each 30
member or child--a weekly amount equal to 7% of QOTE while 31
106 Section 221 (Reduction of amount payable on death)
s 220 135 s 221
WorkCover Queensland
the member or child is under 16 or a student. 1
(3) However, the amount payable under subsection (2)(a)-- 2
(a) is subject to any reduction made under section 221; but 3
(b) must not be less than 15% of the amount payable under 4
section 218(2)(a); and 5
(c) must not be more than the amount payable under 6
section 218(2)(a). 7
under 21 8
Workers
220.(1) This section applies if the worker-- 9
(a) was under 21; and 10
(b) left a parent ordinarily resident in the State but no dependants. 11
(2) The amount of compensation payable to the parent is $11 395. 12
(3) If more than 1 parent is entitled to compensation-- 13
(a) the total amount of compensation payable to the parents is 14
$11 395; and 15
(b) the amount payable to each parent is to be decided by 16
WorkCover. 17
of amount payable on death 18
Reduction
221.(1) This section applies if any of the following payments have been 19
made for an injury sustained by a worker that resulted in the worker's 20
death-- 21
(a) a weekly payment of compensation; 22
(b) a redemption payment; 23
(c) a payment of lump sum compensation. 24
(2) The amount of compensation payable under section 218(2)(a) or 25
219(2)(a)107 must be reduced by the total of all payments mentioned in 26
107 Section 218 (Total dependency) or 219 (Partial dependency)
s 222 136 s 222
WorkCover Queensland
subsection (1). 1
(3) However, the amount must not be reduced by more than 50% of the 2
amount payable under section 218(2)(a).108 3
compensation if dependant dies before payment made 4
Reduced
222.(1) This section applies if the worker is survived by a dependant 5
who dies before payment of compensation is made for the dependant's 6
benefit. 7
(2) For this section, the dependant is taken to have died before the 8
worker. 9
(3) However, compensation for the period starting on the day of the 10
worker's death and ending on the day of the dependant's death is payable to 11
the dependant's legal personal representative for the benefit of the 12
dependant's estate. 13
(4) The amount of the compensation is a weekly payment under this 14
section. 15
(5) If the dependant was a spouse who was totally dependent on the 16
worker's earnings--the payment is, for each week, 14% of QOTE. 17
(6) If the worker has left no surviving spouse and the dependant was a 18
member of the worker's family who was totally dependent on the worker's 19
earnings and was caring for-- 20
(a) another member of the worker's family who was totally 21
dependent on the worker's earnings; or 22
(b) the worker's child or stepchild who was under 16 or a student; 23
the payment is, for each week, 14% of QOTE. 24
(7) If the dependant was a member of the worker's family or a child of 25
the worker's spouse who was under 16 or a student and was totally 26
dependent on the worker's earnings--the payment is, for each week, 7% of 27
QOTE. 28
108 Section 218 (Total dependency)
s 223 137 s 225
WorkCover Queensland
PART 11--AUTOMATIC VARIATION OF 1
COMPENSATION PAYABLE 2
of payments for injuries 3
Variation
223.(1) If QOTE varies, each payment or amount under part 6, 9 or 4
10109 that is not expressed as a percentage of QOTE must be varied 5
proportionately. 6
(2) An amount varied under subsection (1) is to be rounded up to the 7
nearest $5. 8
(3) Notification of a variation under this section must be published in the 9
industrial gazette. 10
entitlements in light of variation 11
Construing
224.(1) This section applies if an amount is varied under section 223. 12
(2) An entitlement to an amount mentioned in section 223 is to be 13
construed as an entitlement to the payment or amount as varied for the time 14
being under section 223. 15
(3) A reference in part 6, 9 or 10 to the amount is to be construed as a 16
reference to the amount as varied for the time being under section 223. 17
of part to existing benefits 18
Application
225.(1) This part applies to a benefit being paid and an entitlement 19
accrued under a former Act as if they were a benefit paid or an entitlement 20
accrued under this Act. 21
(2) For subsection (1), the reference in section 224(3) of this Act to 22
part 6, 9 or 10 is to be construed as a reference to the corresponding 23
provision of the former Act under which an entitlement arose. 24
109 Part 6 (Maximum statutory compensation), 9 (Entitlement to compensation for
permanent impairment) or 10 (Compensation on worker's death)
s 226 138 s 229
WorkCover Queensland
HAPTER 4--INJURY MANAGEMENT 1
C
PART 1--APPLICATION 2
and object of ch 4 3
Application
226.(1) This chapter applies if a worker sustains an injury for which 4
compensation is payable. 5
(2) The object of this chapter is to provide for appropriate medical 6
treatment, hospitalisation and rehabilitation of the worker. 7
ART 2--LIABILITY FOR MEDICAL TREATMENT, 8
P
HOSPITALISATION AND EXPENSES 9
Division 1--Application and general statement of liability 10
of pt 2 11
Application
227. This part applies if medical treatment or hospitalisation of a worker 12
is required for the management of an injury sustained by the worker. 13
liability for medical treatment and hospitalisation 14
WorkCover's
228. WorkCover must pay the cost of the medical treatment or 15
hospitalisation that WorkCover considers reasonable, having regard to the 16
worker's injury. 17
2--Medical treatment costs 18
Division
of liability for medical treatment 19
Extent
229.(1) WorkCover must pay the following costs for medical treatment 20
s 230 139 s 231
WorkCover Queensland
for an injury, whether provided at 1 time or at different times-- 1
(a) for medical treatment by a registered person--the cost that 2
WorkCover accepts as reasonable, having regard to the relevant 3
table of costs; 4
(b) for nursing, medicines, medical or surgical supplies, curative 5
apparatus, crutches or other assistive devices given to the worker 6
otherwise than as an in-patient at a private hospital--the cost that 7
WorkCover accepts as reasonable. 8
(2) WorkCover's liability for the cost of medical treatment by a 9
registered chiropractor or a registered osteopath extends only to the cost of 10
treatment involving the manipulation, mobilisation and management of the 11
neuromusculoskeletal system of the human body. 12
of liability for prosthetic expenses 13
Extent
230.(1) This section applies if a worker, because of a condition resulting 14
from an injury-- 15
(a) is fitted with a prosthesis; or 16
(b) is dependent on support of a medical aid, or crutches or another 17
assistive device. 18
(2) WorkCover must pay expenses necessarily incurred by the worker 19
that WorkCover accepts as reasonable on account of-- 20
(a) reasonable wear and tear of the prosthesis, medical aid or device; 21
or 22
(b) replacement of the prosthesis, medical aid or device due to 23
reasonable wear and tear; or 24
(c) damage to, or destruction of, a prosthesis, medical aid or device 25
as a result of injury in a further event. 26
(3) WorkCover's liability under this section stops when the worker's 27
entitlement to compensation stops. 28
for medical treatment, certificate in approved form 29
Accounts
231.(1) This section applies if WorkCover is liable for the costs of 30
s 232 140 s 233
WorkCover Queensland
medical treatment. 1
(2) Accounts for medical treatment must be sent to WorkCover 2
promptly and within 2 months after the treatment is completed. 3
(3) The accounts must specify-- 4
(a) the worker's full name, date of birth and residential address; and 5
(b) any item number that the medical treatment may have that is 6
listed in the relevant table of costs; and 7
(c) the date of each attendance; and 8
(d) detailed particulars of treatment; and 9
(e) the name and place of business of the worker's employer. 10
(4) A worker who receives medical treatment must be given a certificate 11
in the approved form free of charge. 12
of costs payable 13
Review
232.(1) This section applies if a person who provides medical treatment 14
considers that the cost that WorkCover accepts as reasonable, in a particular 15
case, is inadequate because of special circumstances. 16
(2) The person may apply to WorkCover in writing for an increase in the 17
cost. 18
(3) The application must specify the special circumstances and the 19
reasons the cost should be increased in the particular case. 20
(4) WorkCover may approve the increase if, after considering the 21
application, WorkCover accepts that the increase is justified. 22
Division 3--Hospitalisation 23
for div 3 24
Definitions
233. In this division-- 25
"elective hospitalisation" means hospitalisation involving a treatment or 26
procedure decided on by a worker or the worker's doctor that is of 27
advantage to the worker, but is not fundamental in the treatment of the 28
s 234 141 s 234
WorkCover Queensland
worker's injury. 1
"private hospital" means a hospital other than a public hospital, and 2
includes-- 3
(a) a ward or room of a public hospital that is not a public ward; and 4
(b) a day hospital or an emergency centre. 5
"public hospital" means a public sector hospital under the Health Services 6
Act 1991. 7
of liability for period of hospitalisation 8
Extent
234.(1) WorkCover's liability for the cost of hospitalisation of a worker 9
extends only to the cost of hospitalisation of the worker as an in-patient at a 10
private hospital-- 11
(a) for non-elective hospitalisation--for not more than 4 days; or 12
(b) for non-elective hospitalisation for more than 4 days--to the 13
extent agreed to by WorkCover under arrangements entered into 14
between WorkCover and the worker or someone for the worker 15
before the hospitalisation or any extension of the hospitalisation; 16
or 17
(c) for elective hospitalisation--to the extent agreed to by 18
WorkCover under arrangements entered into between 19
WorkCover and the worker or someone for the worker before the 20
hospitalisation. 21
(2) Before agreeing to arrangements under subsection (1)(b) or (c), 22
WorkCover must be satisfied that-- 23
(a) a public hospital is not reasonably available to the worker or a 24
public hospital that is reasonably available can not admit the 25
worker as an in-patient to a public ward within a reasonable time; 26
or 27
(b) admission of the worker to a private hospital-- 28
(i) would relieve prolonged pain and suffering to the worker; or 29
(ii) would result in saving of costs. 30
s 235 142 s 237
WorkCover Queensland
of hospitalisation 1
Cost
235.(1) The cost for which WorkCover is liable for hospitalisation of a 2
worker as an in-patient is the cost for the provision of the facility at a 3
hospital where a procedure is carried out. 4
(2) WorkCover must pay the cost of hospitalisation, whether the 5
hospitalisation is provided at 1 time or at different times. 6
(3) WorkCover must pay the cost of hospitalisation that-- 7
(a) is published by WorkCover by notice in the industrial gazette; or 8
(b) if a cost of hospitalisation is not published--the cost lawfully 9
charged by the hospital. 10
liability for cost of hospitalisation 11
Maximum
236. The maximum amount that WorkCover is liable to pay for 12
hospitalisation of a worker for injury sustained in any 1 event, whether the 13
hospitalisation occurs at 1 time or at different times, is the amount 14
prescribed under a regulation. 15
4--Travelling expenses 16
Division
of liability for travelling expenses 17
Extent
237.(1) WorkCover must pay the travelling expenses, that WorkCover 18
considers are necessary and reasonable, incurred by a worker for the injury 19
for-- 20
(a) obtaining medical treatment; or 21
(b) undertaking rehabilitation; or 22
(c) attending a medical assessment tribunal; or 23
(d) undertaking examination by a registered person. 24
(2) WorkCover must pay the cost of the worker's transportation by 25
ambulance vehicle, irrespective of distance, if-- 26
(a) the worker is not entitled to ambulance transportation under a 27
subscription to the Queensland Ambulance Service; and 28
s 238 143 s 238
WorkCover Queensland
(b) the transportation-- 1
(i) for transportation first provided immediately after the injury 2
is sustained--is from the place where the injury is sustained 3
to a place where appropriate medical treatment is available, 4
to seek the treatment; or 5
(ii) for transportation subsequently provided--is certified in 6
writing by a doctor as necessary because of the worker's 7
physical condition resulting from the injury. 8
(3) WorkCover must also pay the cost of transportation by ambulance 9
vehicle if WorkCover gives written approval for the transportation. 10
(4) Other than as provided by subsection (2), (3) and (5), WorkCover is 11
not liable for travelling expenses incurred by a worker-- 12
(a) in travelling a distance of less than 20 km one way; or 13
(b) if treatment or rehabilitation for the injury was reasonably 14
available to the worker nearer than the place to which the worker 15
has travelled to seek the treatment or rehabilitation. 16
(5) WorkCover must reimburse the worker for expenses if-- 17
(a) the worker is not entitled under subsection (4)(a) to be 18
reimbursed by WorkCover for travelling expenses; and 19
(b) in a period of 7 consecutive days, the worker incurs travelling 20
expenses in reasonably travelling at least 150 km to and from a 21
place to seek treatment or rehabilitation. 22
ART 3--RESPONSIBILITY FOR REHABILITATION 23
P
Division 1--WorkCover's responsibility 24
responsibility for worker's rehabilitation 25
WorkCover's
238.(1) WorkCover must take the steps it considers practicable to secure 26
the rehabilitation and early return to suitable duties of workers who have an 27
entitlement to compensation. 28
s 239 144 s 241
WorkCover Queensland
(2) For that purpose, WorkCover must-- 1
(a) provide or approve workplace rehabilitation training courses for 2
employers; and 3
(b) ensure that rehabilitation programs are provided for workers. 4
2--WorkCover's liability for rehabilitation fees and costs 5
Division
for rehabilitation fees and costs 6
Liability
239.(1) This section applies if WorkCover considers rehabilitation is 7
necessary for a worker for whose injury WorkCover has accepted liability. 8
(2) In addition to compensation otherwise payable, WorkCover must pay 9
the fees or costs of rehabilitation that WorkCover accepts to be reasonable, 10
having regard to the worker's injury. 11
(3) WorkCover's liability under this division stops when the worker's 12
entitlement to compensation stops. 13
of liability for rehabilitation fees and costs 14
Extent
240. WorkCover must pay the following fees or costs for rehabilitation 15
for an injury, whether provided at 1 time or at different times-- 16
(a) for rehabilitation provided by a registered person--the fees or 17
costs accepted by WorkCover to be reasonable, having regard to 18
the relevant table of costs; 19
(b) for other rehabilitation--the fees or costs approved by 20
WorkCover. 21
Division 3--Caring allowance 22
for caring allowance 23
Liability
241.(1) This section applies if a worker is receiving weekly payments of 24
compensation. 25
(2) A caring allowance may be paid if WorkCover is satisfied that-- 26
s 242 145 s 243
WorkCover Queensland
(a) the worker depends on day to day care for the fundamental 1
activities of daily living; and 2
(b) the care is to be provided to the worker at the worker's home on a 3
voluntary basis by another person in relation to whom 4
compensation is not payable. 5
(3) WorkCover must ask that a registered occupational therapist assess 6
the worker's level of dependency and day to day care requirements resulting 7
from the injury in the way prescribed under a regulation. 8
(4) The occupational therapist must give WorkCover an assessment 9
report stating-- 10
(a) the matters the therapist took into account, and the weight the 11
therapist gave to the matters, in deciding the worker's level of 12
dependency and day to day care requirements; and 13
(b) any other information prescribed under a regulation. 14
(5) In this section-- 15
"home", of a worker, means a private dwelling where the worker usually 16
resides. 17
of liability for caring allowance 18
Extent
242. WorkCover may pay the caring allowance-- 19
(a) in the way prescribed under a regulation; and 20
(b) to, or on account of, the person providing the care. 21
PART 4--EMPLOYER'S OBLIGATION FOR 22
REHABILITATION 23
obligation to appoint rehabilitation coordinator 24
Employer's
243.(1) An employer must appoint a rehabilitation coordinator if the 25
employer employs 30 or more workers at a workplace. 26
s 244 146 s 244
WorkCover Queensland
(2) The rehabilitation coordinator must be employed by the employer 1
under a contract of service at the workplace. 2
(3) The employer must, unless the employer has a reasonable excuse, 3
appoint the rehabilitation coordinator-- 4
(a) within 6 months after-- 5
(i) establishing a workplace where the employer employs 30 or 6
more workers; or 7
(ii) starting to employ 30 or more workers at a workplace; or 8
(b) within a later period approved by WorkCover. 9
Maximum penalty--50 penalty units. 10
(4) An employer may, with WorkCover's written approval, appoint 11
1 rehabilitation coordinator for more than 1 workplace of 30 or more 12
workers. 13
obligation to have workplace rehabilitation policy and 14
Employer's
procedures 15
244.(1) This section applies if an employer employs 30 or more workers 16
at a workplace. 17
(2) The employer must have workplace rehabilitation policy and 18
procedures. 19
Maximum penalty--50 penalty units. 20
(3) The employer must, unless the employer has a reasonable excuse, 21
have workplace rehabilitation policy and procedures-- 22
(a) within 6 months after-- 23
(i) establishing a workplace where the employer employs 30 or 24
more workers; or 25
(ii) starting to employ 30 or more workers at a workplace; or 26
(b) within a later period approved by WorkCover. 27
Maximum penalty--50 penalty units. 28
(4) The employer must review the employer's workplace rehabilitation 29
s 245 147 s 246
WorkCover Queensland
policy and procedures at least every 3 years and must comply with 1
reporting requirements as prescribed under a regulation. 2
obligation to assist or provide rehabilitation 3
Employer's
245.(1) The employer of a worker who has sustained an injury must take 4
all reasonable steps to assist or provide the worker with rehabilitation for the 5
period for which the worker is entitled to compensation. 6
(2) The rehabilitation must be of a suitable standard as prescribed under a 7
regulation. 8
(3) If an employer, other than a self-insurer, considers it is not practicable 9
to provide the worker with suitable duties, the employer must give 10
WorkCover evidence that the suitable duties are not practicable. 11
failure in relation to rehabilitation 12
Employer's
246.(1) This section applies if an employer, other than a self-insurer, fails 13
to take reasonable steps to assist or provide a worker with rehabilitation. 14
(2) WorkCover may require the employer to pay WorkCover an amount 15
by way of penalty equal to the amount of compensation paid to the worker 16
during the period of non-compliance by the employer. 17
(3) WorkCover may recover the amount from the employer-- 18
(a) as a debt; or 19
(b) as an addition to a premium payable by the employer. 20
(4) The employer may apply to WorkCover in writing to waive or reduce 21
the penalty because of extenuating circumstances. 22
(5) The application must specify the extenuating circumstances and the 23
reasons the penalty should be waived or reduced in the particular case. 24
(6) WorkCover must consider the application and may-- 25
(a) waive or reduce the penalty; or 26
(b) refuse to waive or reduce the penalty. 27
s 247 148 s 249
WorkCover Queensland
(7) If the employer is dissatisfied with WorkCover's decision, the 1
employer may ask that the decision be reviewed under chapter 9.110 2
ART 5--WORKER'S MITIGATION AND 3
P
REHABILITATION OBLIGATIONS 4
of pt 5 5
Application
247. This part applies to a worker who has sustained an injury and is 6
required to participate in rehabilitation. 7
must mitigate loss 8
Worker
248.(1) The common law duty of mitigation of loss applies to the 9
worker. 10
(2) The worker's duty may be discharged by participating in 11
rehabilitation. 12
must participate in rehabilitation 13
Worker
249.(1) The worker must satisfactorily participate in rehabilitation-- 14
(a) as soon as practicable after the injury is sustained; and 15
(b) for the period for which the worker is entitled to compensation. 16
(2) If a worker fails or refuses to participate in rehabilitation without 17
reasonable excuse, WorkCover may, by written notice given to the worker, 18
suspend the worker's entitlement to compensation until the worker 19
satisfactorily participates in rehabilitation. 20
(3) If WorkCover suspends the worker's entitlement to compensation, 21
the worker may have the decision reviewed under chapter 9. 22
110 Chapter 9 (Reviews and appeals)
s 250 149 s 252
WorkCover Queensland
HAPTER 5--ACCESS TO DAMAGES 1
C
ART 1--INTERPRETATION AND APPLICATION 2
P
for ch 5 3
Definitions
250. In this chapter-- 4
"claimant" means a person entitled to seek damages. 5
"damages certificate" means a certificate under section 265 or 270111 6
given to a claimant by WorkCover that entitles the claimant to seek 7
damages. 8
"worker" for a claim, means the worker in relation to whose injury the 9
claim is made. 10
of "terminal condition" 11
Meaning
251.(1) A "terminal condition", of a worker, is a condition certified by 12
a doctor as being a condition that is expected to terminate the worker's life 13
within 2 years after the terminal nature of the condition is diagnosed. 14
(2) A condition is a terminal condition only if WorkCover accepts the 15
doctor's diagnosis of the terminal nature of the condition. 16
of chapter to prevail and are substantive law 17
Requirements
252.(1) If a provision of an Act or a rule of law is inconsistent with this 18
chapter, this chapter prevails. 19
(2) All the provisions of this chapter are provisions of substantive law. 20
(3) However, subsection (2) does not affect minor variations in 21
procedure. 22
111 Section 265 (Access to damages if no previous application for compensation) or
270 (Application for damages certificate)
s 253 150 s 254
WorkCover Queensland
PART 2--ENTITLEMENT CONDITIONS 1
1--Limitations on persons entitled to seek damages 2
Division
limitation on persons entitled to seek damages 3
General
253.(1) The following are the only persons entitled to seek damages for 4
an injury sustained by a worker-- 5
(a) the worker, if the worker has received a notice of assessment 6
from WorkCover stating that-- 7
(i) the worker has sustained a certificate injury; or 8
(ii) the worker has sustained a non-certificate injury; or 9
(b) the worker, if the worker's application for compensation was 10
allowed and the injury sustained by the worker has not been 11
assessed for permanent impairment; or 12
(c) the worker, if the worker has not lodged an application for 13
compensation for the injury; or 14
(d) a dependant of the deceased worker, if the injury sustained by the 15
worker results in the worker's death. 16
(2) The entitlement of a worker, or a dependant of a deceased worker, to 17
seek damages is subject to the provisions of this chapter. 18
(3) To remove any doubt, it is declared that subsection (1) abolishes any 19
entitlement of a person not mentioned in the subsection to seek damages for 20
an injury sustained by a worker. 21
with terminal condition 22
Worker
254.(1) This section applies to a worker who has a terminal condition 23
and wishes to seek damages. 24
(2) The following provisions of this chapter do not apply to the worker-- 25
s 255 151 s 257
WorkCover Queensland
(a) part 6, other than section 300;112 1
(b) part 7, other than sections 306 to 308.113 2
(3) However, this section does not stop the worker from voluntarily 3
complying with the provisions mentioned in subsection (2). 4
2--Claimant who has sustained certificate injury 5
Division
of div 2 6
Application
255. This division applies to a claimant who is a person mentioned in 7
section 253(1)(a)(i).114 8
may seek damages only on receipt of notice of assessment 9
Claimant
256. The claimant may seek damages for the injury only after the 10
claimant has received a notice of assessment from WorkCover. 11
of seeking damages 12
Consequences
257. Part 11, division 1115 applies in relation to costs in the claimant's 13
proceeding for damages. 14
112 Part 6 (Settlement of claims) other than section 300 (Settlement of claims for
damages)
113 Part 7 (Start of court proceedings) other than sections 306 (Carriage of
proceedings) to 308 (Alteration of period of limitation)
114 Section 253 (General limitation on persons entitled to seek damages)
115 Part 11 (Costs), division 1 (Costs applying to worker with certificate injury or
dependent)
s 258 152 s 259
WorkCover Queensland
3--Claimant who has sustained non-certificate injury 1
Division
of div 3 2
Application
258. This division applies to a claimant who is a person mentioned in 3
section 253(1)(a)(ii).116 4
may seek damages only on receipt of notice of assessment 5
Claimant
259.(1) The claimant may seek damages for the injury only after the 6
claimant has received a notice of assessment from WorkCover. 7
(2) If, in the notice, the claimant is offered a payment of lump sum 8
compensation for the injury, the claimant is not entitled to both-- 9
(a) payment of lump sum compensation for the injury; and 10
(b) damages for the injury. 11
(3) If, in the notice, a claimant is required to make an election to seek 12
damages for the injury, the claimant can not change the claimant's 13
election-- 14
(a) if the claimant has elected to seek damages for the injury--after 15
notice of the election is given to WorkCover; or 16
(b) if the claimant is taken, under section 207(7),117 to have elected to 17
seek damages for the injury--after the claimant lodges a notice of 18
claim. 19
(4) If the notice states that the claimant has not sustained any degree of 20
permanent impairment from the injury, the claimant's entitlement is 21
unaffected by subsection (2) or (3).118 22
116 Section 253 (General limitation on persons entitled to seek damages)
117 Section 207 (Non-certificate injury)
118 This subsection is a necessary consequence of subsections (2) and (3) and is
inserted for clarity only.
s 260 153 s 262
WorkCover Queensland
of seeking damages 1
Consequences
260. Part 11, division 2119 applies in relation to costs in the claimant's 2
proceeding for damages. 3
Division 4--Claimant whose application for compensation was allowed 4
of div 4 5
Application
261. This division applies to a claimant who is a person mentioned in 6
section 253(1)(b).120 7
may seek damages only after being assessed 8
Claimant
262.(1) The injury sustained by the claimant must be assessed in the way 9
provided for under chapter 3, part 9. 10
(2) The claimant can not seek damages until WorkCover gives the 11
claimant a notice of assessment and the claimant has complied with the 12
requirements of chapter 3, part 9, division 3.121 13
(3) However, WorkCover may give the claimant a conditional damages 14
certificate if there is an urgent need to bring proceedings for damages and 15
the claimants permanent impairment has not been assessed or agreed. 16
(4) If a conditional certificate is given, the claimant may start proceedings 17
for damages for the injury, but the proceedings are stayed until WorkCover 18
makes the certificate unconditional and the claimant complies with parts 5 19
and 6.122 20
(5) WorkCover must make the certificate unconditional when the 21
claimant has been assessed and has been given a notice of assessment. 22
119 Part 11 (Costs), division 2 (Costs applying to worker with non-certificate injury)
120 Section 253 (General limitation on persons entitled to seek damages)
121 Chapter 3 (Compensation), part 9 (Entitlement to compensation for permanent
impairment), division 3 (Notification of assessment of permanent impairment)
122 Parts 5 (Pre-court procedures) and 6 (Settlement of claims)
s 263 154 s 265
WorkCover Queensland
of seeking damages 1
Consequences
263. If the claimant's notice of assessment states that the claimant has 2
sustained-- 3
(a) a certificate injury--part 11, division 1123 applies in relation to 4
costs in the claimant's proceeding for damages; or 5
(b) a non-certificate injury--part 11, division 2124 applies in relation 6
to costs in the claimant's proceeding for damages. 7
5--Claimant who has not lodged application for compensation 8
Division
of div 5 9
Application
264. This division applies to a person mentioned in section 253(1)(c).125 10
to damages if no previous application for compensation 11
Access
265.(1) The person may seek damages for the injury only if WorkCover 12
gives the person a damages certificate under this section. 13
(2) The person must apply in the approved form to WorkCover for the 14
certificate but only for the purpose of seeking damages. 15
(3) WorkCover may only, and must, give the certificate if-- 16
(a) WorkCover decides that the person was a worker when the injury 17
was sustained; and 18
(b) WorkCover decides that the worker has sustained an injury; and 19
123 Part 11 (Costs), division 1 (Costs applying to worker with certificate injury or
dependent)
124 Division 2 (Costs applying to worker with non-certificate injury)
125 Section 253 (General limitation on persons entitled to seek damages)
s 265 155 s 265
WorkCover Queensland
(c) the worker's degree of permanent impairment has been assessed 1
in the way mentioned for the injury under chapter 3, part 9, 2
division 2.126 3
(4) However, WorkCover may give the person a conditional damages 4
certificate if there is an urgent need to bring a proceeding for damages and 5
WorkCover is not satisfied about the matters in subsection (3). 6
(5) If a conditional certificate is given, the person may start a proceeding 7
for damages for the injury, but the proceeding is stayed until WorkCover 8
makes the certificate unconditional and the person complies with parts 5 9
and 6.127 10
(6) WorkCover must make the certificate unconditional when it is 11
satisfied about the matters mentioned in subsection (3). 12
(7) If WorkCover makes a decision under subsection (3)(a), a person 13
aggrieved by the decision may have the decision reviewed under chapter 14
9.128 15
(8) If WorkCover makes a decision about a matter mentioned in 16
subsection (3)(b) and a person does not agree with the decision, 17
WorkCover must refer the matter to a medical assessment tribunal for 18
decision. 19
(9) If WorkCover makes a decision about a matter mentioned in 20
subsection (3)(c) and a person does not agree with the decision, WorkCover 21
must-- 22
(a) refer the matter to a medical assessment tribunal for decision; and 23
(b) ask the tribunal to decide if the claimant has sustained a degree of 24
permanent impairment resulting from the injury. 25
126 Chapter 3 (Compensation), part 9 (Entitlement to compensation for permanent
impairment), division 2 (Assessment of permanent impairment under table of
injuries)
127 Parts 5 (Pre-court procedures) and 6 (Settlement of claims)
128 Chapter 9 (Reviews and appeals)
s 266 156 s 269
WorkCover Queensland
of seeking damages 1
Consequences
266.(1) If the claimant's unconditional damages certificate states that the 2
claimant has sustained a certificate injury, part 11, division 1129 applies in 3
relation to costs in the claimant's proceeding for damages. 4
(2) If the claimant's unconditional damages certificate states that the 5
claimant has sustained a non-certificate injury, part 11, division 2130 applies 6
in relation to costs in the claimant's proceeding for damages. 7
to be discontinued 8
Proceedings
267.(1) This section applies if WorkCover decides not to make a 9
damages certificate unconditional. 10
(2) A person who has started a proceeding on the basis of a conditional 11
certificate must discontinue the proceeding. 12
Division 6--Dependants 13
of div 6 14
Application
268. This division applies to a claimant who is a person mentioned in 15
section 253(1)(d).131 16
may seek damages only in particular cases 17
Claimant
269. The claimant may seek damages only if WorkCover-- 18
(a) has paid compensation to the dependants of a worker under 19
chapter 3, part 10132 for the worker's death; or 20
(b) if an application for compensation has not been made--gives the 21
claimant a damages certificate under this division. 22
129 Part 11 (Costs), division 1 (Costs applying to worker with certificate injury or
dependent)
130 Division 2 (Costs applying to worker with non-certificate injury)
131 Section 253 (General limitation on persons entitled to seek damages)
132 Chapter 3 (Compensation), part 10 (Compensation on worker's death)
s 270 157 s 271
WorkCover Queensland
for damages certificate 1
Application
270.(1) For section 269(b), the person must apply in the approved form 2
to WorkCover for a damages certificate. 3
(2) WorkCover may only, and must, give the certificate if WorkCover 4
decides that-- 5
(a) the deceased was a worker when the relevant event happened; and 6
(b) the worker sustained an injury in the event; and 7
(c) the injury caused the worker's death. 8
(3) However, WorkCover may give the person a conditional damages 9
certificate if there is an urgent need to bring a proceeding for damages and 10
WorkCover is not satisfied about the matters in subsection (2). 11
(4) If a conditional certificate is given, the person may start a proceeding 12
for damages for the injury, but the proceeding is stayed until WorkCover 13
makes the certificate unconditional and the person complies with parts 5 14
and 6.133 15
(5) WorkCover must make the certificate unconditional when it is 16
satisfied about the matters mentioned in subsection (2). 17
(6) If WorkCover makes a decision under subsection (2)(a), a person 18
aggrieved by the decision may apply to have the decision reviewed under 19
chapter 9.134 20
(7) If WorkCover makes a decision about a matter mentioned in 21
subsection (2)(b) or (c) and a person does not agree with the decision, 22
WorkCover must refer the matter to a medical assessment tribunal for 23
decision. 24
of seeking damages 25
Consequences
271. Part 11, division 1135 applies in relation to costs in the claimant's 26
proceeding for damages. 27
133 Parts 5 (Pre-court procedures) and 6 (Settlement of claims)
134 Chapter 9 (Reviews and appeals)
135 Part 11 (Costs), division 1 (Costs applying to worker with certificate injury or
dependent)
s 272 158 s 274
WorkCover Queensland
to be discontinued 1
Proceedings
272.(1) This section applies if WorkCover decides not to make a 2
damages certificate unconditional. 3
(2) A person who has started a proceeding on the basis of a conditional 4
certificate must discontinue the proceeding. 5
7--Review of worker's decision to accept payment of lump sum 6
Division
compensation for non-certificate injury 7
of div 7 8
Application
273. This division applies if a worker has elected, under section 207,136 9
to accept payment of lump sum compensation for a non-certificate injury. 10
not to seek damages reviewable in certain circumstances 11
Decision
274.(1) The worker may ask WorkCover to consider fresh medical 12
evidence about the worker's injury but only-- 13
(a) to satisfy WorkCover of the matters mentioned in subsection (7) 14
for the purpose of seeking damages for the injury; and 15
(b) within the period of limitation for bringing a proceeding for 16
damages for personal injury under the Limitation of Actions Act 17
1974. 18
(2) WorkCover is required to consider the medical evidence only if the 19
worker satisfies WorkCover that-- 20
(a) when the worker's degree of permanent impairment was 21
assessed under section 197,137 there was no reason to believe that 22
there would be a material deterioration of the worker's injury; and 23
(b) the further material deterioration is a deterioration of the injury for 24
which the worker was assessed and accepted payment of lump 25
sum compensation under section 207; and 26
136 Section 207 (Non-certificate injury)
137 Section 197 (Assessment of permanent impairment)
s 274 159 s 274
WorkCover Queensland
(c) the medical evidence-- 1
(i) was not available when the worker's permanent impairment 2
was previously assessed or when the worker made the 3
election not to seek damages; and 4
(ii) establishes there has been a further material deterioration of 5
the worker's injury that would have entitled the worker to an 6
additional WRI of 10% or more. 7
(3) If WorkCover rejects the evidence, WorkCover must refer the 8
evidence to a review panel for review. 9
(4) The review panel must consider the medical evidence produced by 10
the worker and may accept or reject the evidence. 11
(5) A decision of the review panel is final and may not be appealed 12
against. 13
(6) If WorkCover or the review panel accepts the medical evidence, 14
WorkCover must refer the question of degree of permanent impairment to 15
an appropriate medical assessment tribunal for decision. 16
(7) The worker may seek damages for the injury if WorkCover is 17
satisfied that-- 18
(a) the worker's further material deterioration is an additional WRI of 19
10 % or more; and 20
(b) the deterioration is a deterioration of the injury for which the 21
worker has accepted payment of lump sum compensation; and 22
(c) the deterioration does not arise from combining a psychiatric or 23
psychological injury with another injury; and 24
(d) the additional WRI, when added to the worker's WRI as 25
previously calculated by WorkCover under section 201,138 results 26
in a certificate injury. 27
(8) In this section-- 28
"review panel" means a panel consisting of the chairperson or deputy 29
chairperson of the General Medical Assessment Tribunal and a 30
member of an appropriate medical assessment tribunal. 31
138 Section 201 (Calculation of WRI)
s 275 160 s 276
WorkCover Queensland
ART 3--MITIGATION OF DAMAGES 1
P
of damages 2
Mitigation
275.(1) The common law duty of mitigation applies to all workers in 3
relation to claims or proceedings for damages. 4
(2) In a proceeding, the onus of proving that all reasonable steps to 5
mitigate damages have been taken by a worker lies with the worker. 6
(3) If WorkCover is not satisfied with the action taken by a worker to 7
mitigate damages, WorkCover may give the worker a written notice 8
proposing action the worker should take to mitigate the worker's damages. 9
(4) Without limiting subsection (3), the notice may propose-- 10
(a) the worker undergo medical treatment of a stated type; or 11
(b) the worker undergo rehabilitation of a stated type; or 12
(c) the worker return to work or take stated steps to obtain 13
employment. 14
(5) In assessing damages for personal injury, the court must-- 15
(a) consider whether the worker has failed to take reasonable steps to 16
mitigate damages, including action proposed by WorkCover 17
under subsection (3); and 18
(b) if it appears that the worker has failed to take reasonable steps to 19
mitigate damages by not following the proposals or 20
otherwise--reduce the worker's damages to an appropriate extent 21
reflecting the failure. 22
ART 4--REDUCTION OF RECOVERABLE 23
P
DAMAGES 24
damages are to be reduced 25
When
276.(1) The amount of damages that an employer is legally liable to pay 26
to a claimant for an injury must be reduced by the total amount paid or 27
s 277 161 s 278
WorkCover Queensland
payable by WorkCover by way of compensation for the injury. 1
(2) However, the amount of damages must not be reduced by an amount 2
paid under section 211.139 3
(3) This section does not limit the reduction of the amount of the 4
damages by any other amount that WorkCover or the claimant is legally 5
liable to pay on account of the worker under another law. 6
by court of total liability for damages 7
Assessment
277.(1) This section applies if-- 8
(a) damages are awarded for an injury; or 9
(b) damages are to be paid in settlement of a claim for an injury. 10
(2) To establish the reduction under section 276(1) in damages for 11
compensation paid, the claimant or WorkCover may apply to-- 12
(a) the court in which the proceeding is brought; or 13
(b) if a proceeding has not been started--the Industrial Magistrates 14
Court. 15
(3) The court's decision is binding on WorkCover and all persons 16
entitled to payment by WorkCover for the injury. 17
charge on damages for compensation paid 18
WorkCover's
278.(1) This section applies to-- 19
(a) an injury sustained by a worker in circumstances creating-- 20
(i) an entitlement to compensation; and 21
(ii) a legal liability in the worker's employer, or other person, to 22
pay damages for the injury, independently of this Act; and 23
(b) damages that an employer is not indemnified against under this 24
Act. 25
(2) An amount paid as compensation to a person for an injury, to which 26
there is an entitlement to payment of damages at a time or for a period 27
139 Section 211 (Additional lump sum compensation for gratuitous care)
s 278 162 s 278
WorkCover Queensland
before the person becomes entitled to payment of damages by an employer 1
or another person, is a first charge on any amount of damages recovered by 2
the person to the extent of the amount paid as compensation to the person. 3
(3) An employer or other person from whom the damages are 4
recoverable must pay WorkCover the amount of the first charge or, if the 5
damages are not more than the amount of the first charge, the whole of the 6
damages. 7
(4) Payment to WorkCover under subsection (3), to the extent of the 8
payment, satisfies the liability of the employer or other person for payment 9
of the damages. 10
(5) A person can not settle, for a sum less than the amount that is a first 11
charge on damages under subsection (2), a claim for damages had by the 12
person independently of this Act for an injury to which there is an 13
entitlement to payment of damages without WorkCover's written consent. 14
(6) If, without WorkCover's consent, a settlement mentioned in 15
subsection (5) is made, then to the extent that the damages recovered are 16
insufficient to meet all payments due to WorkCover under this section-- 17
(a) WorkCover is entitled to be indemnified by the employer or other 18
person who is required by the settlement to pay the damages; and 19
(b) to that end, WorkCover is subrogated to the rights of the person 20
who has sought the damages, as if the settlement had not been 21
made. 22
(7) If a person who has received compensation has not recovered, or 23
taken proceedings to recover, damages for the injury from another person, 24
other than the worker's employer-- 25
(a) WorkCover is entitled to be indemnified for the amount of the 26
compensation by the other person to the extent of that person's 27
liability for the damages, so far as the amount of damages 28
payable for the injury by that person extends; and 29
(b) to that end, WorkCover is subrogated to the rights of the person 30
for the injury. 31
(8) Payment made as indemnity under subsection (7), to the extent of the 32
payment, satisfies the person's liability on a judgment for damages for the 33
injury. 34
s 279 163 s 280
WorkCover Queensland
(9) In addition to all rights of action had by WorkCover to give effect to 1
its right to indemnity under this section, all questions about the right and the 2
amount of the indemnity may, in default of agreement, be decided by an 3
industrial magistrate if all persons affected by the indemnity consent. 4
(10) In this section-- 5
"damages" includes damages under a legal liability existing independently 6
of this Act, whether or not within the meaning of section 11. 7
PART 5--PRECOURT PROCEDURES 8
of pt 5 9
Object
279.The object of this part is to enable WorkCover to enter into early 10
negotiations with claimants to achieve early resolution of claims for 11
damages before the start of court proceedings. 12
of claim for damages 13
Notice
280.(1) Before starting a proceeding in a court for damages, a claimant 14
must give notice under this section within the period of limitation for 15
bringing a proceeding for the damages under the Limitation of Actions Act 16
1974. 17
(2) The claimant must give-- 18
(a) WorkCover or, if the worker's employer is a self-insurer, the 19
self-insurer a notice of claim in the approved form; and 20
(b) a copy of the notice of claim to the worker's employer if the 21
employer is not a self-insurer. 22
(3) The notice must include the particulars prescribed under a regulation. 23
(4) The claimant must state in the notice-- 24
(a) whether, and to what extent, liability expressed as a percentage is 25
admitted for the injury; or 26
s 280 164 s 280
WorkCover Queensland
(b) a statement of the reasons why the claimant can not admit 1
liability. 2
(5) The notice must be verified by statutory declaration. 3
(6) The notice must be accompanied by a genuine offer of settlement or a 4
statement of the reasons why an offer of settlement can not yet be made. 5
(7) The notice must be accompanied by the claimant's written authority 6
allowing WorkCover to obtain information, including copies of documents 7
relevant to the claim, and in the possession of-- 8
(a) a hospital; or 9
(b) the ambulance service of the State or another State; or 10
(c) a doctor, provider of treatment or rehabilitation services or person 11
qualified to assess cognitive, functional or vocational capacity; or 12
(d) the employer or a previous employer; or 13
(e) insurers that carry on the business of providing workers' 14
compensation insurance, compulsory third party insurance, 15
personal accident or illness insurance, insurance against loss of 16
income through disability, superannuation funds or any other type 17
of insurance; or 18
(f) a department, agency or instrumentality of the Commonwealth or 19
the State; or 20
(g) a solicitor, other than where giving the information or documents 21
would breach legal professional privilege. 22
(8) The notice must also be accompanied by copies of all documents 23
supporting the claim including, but not limited to-- 24
(a) hospital, medical and other reports relating to the injury sustained 25
by the worker, other than reports obtained by or on behalf of 26
WorkCover; and 27
(b) income tax returns, group certificates and other documents for the 28
3 years immediately before the injury supporting the claimant's 29
claim for lost earnings or diminution of income-earning capacity; 30
and 31
(c) invoices, accounts, receipts and other documents evidencing the 32
claimant's claim for out-of-pocket expenses. 33
s 281 165 s 282
WorkCover Queensland
to tell WorkCover of change to information in notice of 1
Claimant
claim 2
281.(1) The claimant must give WorkCover written notice of any change 3
in relation to the information given in the notice of claim. 4
(2) The notice of change must also state the date of, and reasons for, the 5
change in the information. 6
to notice of claim 7
Response
282.(1) This section applies if a notice of claim is given to WorkCover. 8
(2) WorkCover must, within 30 days after receiving the notice, give the 9
claimant written notice-- 10
(a) stating whether WorkCover is satisfied that the notice of claim 11
complies with section 280140 (a "complying notice of claim"); 12
and 13
(b) if WorkCover is not so satisfied--identifying the noncompliance 14
and stating whether WorkCover waives compliance with the 15
requirements; and 16
(c) if WorkCover does not waive compliance with the 17
requirements--allowing the claimant a reasonable period of at 18
least 30 days either to satisfy WorkCover that the claimant has 19
complied with the requirements or to take reasonable action to 20
remedy the noncompliance. 21
(3) If WorkCover is not prepared to waive compliance with the 22
requirements in the first instance, WorkCover must, within 30 days after 23
the end of the period specified in subsection (2)(c), give the claimant written 24
notice stating that-- 25
(a) WorkCover-- 26
(i) is satisfied the claimant has complied with the relevant 27
requirements; or 28
(ii) is satisfied with the action taken by the claimant to remedy 29
the noncompliance; or 30
140 Section 280 (Notice of claim for damages)
s 283 166 s 284
WorkCover Queensland
(iii) waives the noncompliance; or 1
(b) WorkCover is not satisfied that the claimant has taken reasonable 2
action to remedy the noncompliance, with full particulars of the 3
noncompliance and the claimant's failure to remedy it. 4
(4) WorkCover must, within 30 days after receiving a complying notice 5
of claim or waiving noncompliance with the requirements of 6
section 280,141 advise the employer or employers against whom negligence 7
is alleged. 8
to give information to claimant 9
WorkCover
283.(1) WorkCover must give a claimant any relevant information 10
WorkCover has about the worker in relation to whom a claim is made-- 11
(a) for information held by WorkCover when a notice of claim is 12
received--within 30 days after receiving the notice of claim; or 13
(b) for any other information received--within 30 days after 14
receiving the information. 15
(2) This section is subject to section 288.142 16
to cooperate with WorkCover 17
Employer
284.(1) An employer against whom negligence is alleged in connection 18
with a claim must cooperate fully with and give WorkCover all information 19
and access to documents in relation to the claim that WorkCover reasonably 20
requires. 21
(2) WorkCover may recover from the employer as a debt in the 22
Industrial Magistrates Court-- 23
(a) any additional costs reasonably incurred in connection with the 24
claim as a direct result of the employer's noncompliance with 25
subsection (1); and 26
(b) to the extent that WorkCover's interests in connection with the 27
claim have been prejudiced as a direct result of the employer's 28
141 Section 280 (Notice of claim for damages)
142 Section 288 (Non-disclosure of certain material)
s 285 167 s 285
WorkCover Queensland
noncompliance with subsection (1)--an amount reflecting the 1
extent of WorkCover's prejudice. 2
and claimant to attempt to resolve claim 3
WorkCover
285.(1) The claimant and WorkCover must endeavour to resolve a claim 4
as quickly as possible. 5
(2) WorkCover must give the claimant a written notice under 6
subsection (4) within 6 months after-- 7
(a) WorkCover receives a complying notice of claim or waives the 8
claimant's noncompliance with the requirements of section 9
280;143 or 10
(b) the court makes an order under section 304;144 or 11
(c) the court makes an order under section 305.145 12
(3) For subsection (2), for a worker with a terminal condition, 13
WorkCover must give the claimant the written notice within 3 months. 14
(4) The written notice must-- 15
(a) state whether liability in connection with the event to which the 16
claim relates-- 17
(i) is admitted or denied; and 18
(ii) if admitted--whether contributory liability is claimed from 19
the worker or another party; and 20
(iii) if liability is admitted--the extent, expressed as a percentage, 21
to which liability is admitted; and 22
(b) state whether WorkCover accepts or rejects any offer of 23
settlement that may be made by the claimant; and 24
(c) if the claimant did not make an offer of settlement in the notice of 25
claim or WorkCover is rejecting the offer--contain a genuine 26
offer or counter-offer of settlement, or a statement of the reasons 27
143 Section 280 (Notice of claim for damages)
144 Section 304 (Court to have made declaration about noncompliance)
145 Section 305 (Court to have given leave despite noncompliance)
s 286 168 s 286
WorkCover Queensland
why an offer or counter-offer of settlement can not yet be made; 1
and 2
(d) be accompanied by copies of all medical reports, assessments of 3
cognitive, functional or vocational capacity, or other material in 4
WorkCover's possession not previously given to the claimant 5
that may help the claimant to make a proper assessment of the 6
offer. 7
(5) WorkCover or the claimant to whom a written offer or counter-offer 8
of settlement is made must respond in writing to the offer within 14 days 9
after receiving it, indicating acceptance or rejection of the offer, unless a 10
response to the offer is to be made under subsection (4)(b). 11
(6) The offer or counter-offer of settlement is made on a without 12
prejudice basis and must not be disclosed to a court except on the issue of 13
costs. 14
(7) An admission of liability by WorkCover under this section-- 15
(a) is not binding on WorkCover at all if it is later shown at the trial 16
in the proceeding for damages that the claimant has been 17
relevantly guilty of fraud or attempted fraud; and 18
(b) is not binding on WorkCover at all if it is later shown that liability 19
was admitted because of misrepresentation by any person; and 20
(c) is not an admission about the nature and extent of the claimant's 21
loss or damage or that the claimant has sustained loss or damage, 22
unless it specifically states otherwise; and 23
(d) does not entitle the claimant to apply for judgment, summary or 24
otherwise, in a court of competent jurisdiction; and 25
(e) is confined to damages under the claim. 26
to undergo medical examination 27
Worker
286.(1) WorkCover may, at any time, ask the worker to undergo, at 28
WorkCover's expense-- 29
(a) a medical examination by a doctor to be selected by the worker 30
from a panel of at least 3 doctors nominated in the request; or 31
s 287 169 s 287
WorkCover Queensland
(b) an assessment of cognitive, functional or vocational capacity by a 1
registered person to be selected by the worker from a panel of at 2
least 3 persons with appropriate qualifications and experience 3
nominated in the request. 4
(2) The worker must comply with the request unless it would be 5
unreasonable or unnecessarily repetitious. 6
(3) If 3 doctors or persons with appropriate qualifications and experience 7
are not available for inclusion on a panel, the number on the panel may be 8
reduced to 2. 9
expert reports 10
Joint
287.(1) WorkCover and a claimant may jointly arrange for an expert 11
report about-- 12
(a) the event or events giving rise to the claim; or 13
(b) the worker's medical condition; or 14
(c) the worker's capacity to undertake specific rehabilitation 15
programs; or 16
(d) the worker's capacity to undertake further work and earn income; 17
or 18
(e) any other matter about the claim. 19
(2) Neither party is under an obligation to agree to a proposal to obtain a 20
report. 21
(3) The person preparing the report must be a person agreed to by both 22
parties and have appropriate qualifications and experience in the relevant 23
field. 24
(4) The person preparing the report must give both parties a copy of the 25
report. 26
(5) The cost of obtaining a report is to be paid by the parties in 27
proportions agreed to in writing between them or, in default of agreement, 28
in equal proportions. 29
(6) This section does not prevent a party from obtaining a report other 30
than under this section. 31
s 288 170 s 290
WorkCover Queensland
of certain material 1
Non-disclosure
288.(1) A party is not obliged to disclose information or a document if 2
the information or document is protected by legal professional privilege. 3
(2) However, investigative reports, medical reports and reports relevant 4
to the worker's rehabilitation must be disclosed even though otherwise 5
protected by legal professional privilege, but they may be disclosed with the 6
omission of passages consisting only of statements of opinion other than 7
expert opinion. 8
(3) If WorkCover has reasonable grounds to suspect a claimant of fraud, 9
WorkCover may withhold from disclosure information, or omit a 10
document or a passage from a document, that-- 11
(a) would alert the claimant to the suspicion; or 12
(b) could help further the fraud; or 13
(c) WorkCover believes would meet the requirements of the 14
Freedom of Information Act 1992, part 3, division 2.146 15
(4) Subsection (3) applies even if the information or document would, if 16
the subsection did not apply, have to be disclosed under subsection (2). 17
of failure to give information 18
Consequence
289.(1) This section applies if a party fails to comply with a provision of 19
this chapter requiring the party to disclose a document to the other party. 20
(2) The document can not be used by the party in a subsequent court 21
proceeding for the claim, or the deciding of the claim, unless the court 22
orders otherwise. 23
(3) If the document comes to the other party's knowledge, the document 24
may be used by the other party. 25
and duties 26
Privilege
290. Subject to this Act, information and documents disclosed under this 27
146 Freedom of Information Act 1992, part 3 (Access to documents), division 2
(Exempt matter)
s 291 171 s 293
WorkCover Queensland
chapter are protected by the same privileges, and are subject to the same 1
duties, as if disclosed in a proceeding before the Supreme Court. 2
power to enforce compliance with chapter 3
Court's
291. If a party fails to comply with a provision of this chapter, a court 4
may order the party to comply with the provision, and may make 5
consequential or ancillary orders that may be necessary or desirable in the 6
circumstances of the case. 7
PART 6--SETTLEMENT OF CLAIMS 8
1--Compulsory conference 9
Division
of div 1 10
Application
292. This division does not apply to a claim that is otherwise settled by 11
negotiation between the parties. 12
conference 13
Compulsory
293.(1) A claimant must organise and hold a conference of the parties 14
within 3 months after WorkCover gives the claimant a written notice under 15
section 285.147 16
(2) The conference may be held with a mediator if both parties agree. 17
(3) The mediator must be a person-- 18
(a) independent of, and agreed to, by the parties; and 19
(b) approved-- 20
(i) for the Supreme Court--under the Supreme Court of 21
Queensland Act 1991; or 22
147 Section 285 (WorkCover and claimant to attempt to resolve claim)
s 294 172 s 294
WorkCover Queensland
(ii) for the District Court--under the District Courts Act 1967; 1
or 2
(iii) for a Magistrates Court--under the Magistrates Courts Act 3
1921. 4
(4) If the parties are unable to agree within 30 days on the person to be 5
appointed, the claimant must apply to the registrar of the court to nominate a 6
mediator. 7
(5) At least 4 days before the compulsory conference is held, each party 8
must give the other party-- 9
(a) copies of any documents relevant to the claim not yet given to the 10
other party; and 11
(b) a statement verifying that all relevant documents in the party's 12
possession have been given as required; and 13
(c) details of each party's legal representation. 14
(6) The claimant in person and a person authorised to settle on 15
WorkCover's behalf must attend the conference and actively participate in 16
an attempt to settle the claim unless the claimant or person has a reasonable 17
excuse. 18
(7) If it would be unreasonable for all parties to attend at the same place, 19
for example, because of distance or illness, the conference may be 20
conducted by telephone, closed-circuit television or another form of 21
communication agreed to between the parties or, if agreed between the 22
parties, at another time. 23
to make written final offer if claim not settled at compulsory 24
Parties
conference 25
294.(1) If the claim is not settled at a conference, each party must make a 26
written final offer at the conference. 27
(2) The final offer must remain open for 14 days and proceedings must 28
not be started while the offer remains open. 29
(3) If the claimant brings a proceeding in a court for the claim, the 30
claimant must, at the start of the proceeding, file at the court a sealed 31
envelope containing a copy of the claimant's offer. 32
s 295 173 s 297
WorkCover Queensland
(4) WorkCover must, after being served with the legal process that starts 1
the proceeding, file at the court a sealed envelope containing a copy of 2
WorkCover's offer. 3
(5) The court must not read the offers until it has decided the claim. 4
(6) However, the court must have regard to the offers in making a 5
decision about costs. 6
2--Financial information to be given to claimant 7
Division
for div 2 8
Definition
295. In this division-- 9
"costs" includes outlays. 10
to be given by lawyer before compulsory conference 11
Information
296. Before a compulsory conference is held for a claim, a lawyer acting 12
for the claimant in the claim must ensure the claimant receives, at least 13
4 days before the compulsory conference is held, the lawyer's written report 14
stating-- 15
(a) the costs incurred up to the day the report is given; and 16
(b) the approximate additional costs to be incurred from the day the 17
report is given until the end of the conference; and 18
(c) the approximate additional costs to be incurred, should the matter 19
not be settled at the conference but proceed to trial; and 20
(d) the approximate net damages the claimant might receive if the 21
claim is settled at the conference, based on the offers made by the 22
parties. 23
to be given by lawyer before other type of settlement 24
Information
attempted 25
297.(1) This section applies if settlement of a claim is attempted in a way 26
other than by a compulsory conference. 27
s 298 174 s 300
WorkCover Queensland
(2) At least 4 days before the claim is attempted to be settled, a lawyer 1
acting for the claimant in the claim must ensure that the claimant receives 2
the lawyer's written report stating-- 3
(a) the costs incurred up to the day the report is given; and 4
(b) the approximate additional costs to be incurred from the day the 5
report is given until the day the claim is settled; and 6
(c) the approximate additional costs to be incurred should the matter 7
not be settled at the time but proceed to trial; and 8
(d) the approximate net damages the claimant might receive if the 9
claim is settled, based on the offers made. 10
of costs payable 11
Details
298. A report under this division must include the amounts that will be 12
paid by WorkCover and the amounts payable by the claimant to the lawyer. 13
to be informed that report given 14
WorkCover
299. A claimant must inform WorkCover before a compulsory 15
conference is held or any other settlement is made that the claimant has 16
received a report under this division. 17
3--Settlement before court proceedings 18
Division
of claim for damages 19
Settlement
300. If a claim is settled before the start of a court proceeding, the parties 20
to the settlement must sign a discharge for the claim. 21
s 301 175 s 303
WorkCover Queensland
ART 7--START OF COURT PROCEEDINGS 1
P
Division 1--When claimant can start court proceedings 2
of div 1 3
Application
301. This division states the conditions that must be satisfied before a 4
claimant can start a court proceeding. 5
necessary before starting proceeding 6
Compliance
302. The claimant may start a proceeding in a court for damages only if 7
the claimant has complied with-- 8
(a) the relevant division under part 2;148 and 9
(b) part 5, other than as provided by section 304 and 305;149 and 10
(c) part 6;150 and 11
(d) section 303. 12
to have given complying notice of claim or WorkCover to 13
Claimant
have waived compliance 14
303. The claimant may start the proceeding if any of the following have 15
happened-- 16
(a) at least 6 months or, for a terminal condition, 3 months have 17
elapsed after-- 18
(i) the claimant has given a complying notice of claim; or 19
148 Part 2 (Entitlement conditions)
149 Part 5, (Pre-court procedures) (other than section 304 (Court to have made
declaration about noncompliance) and 305 (Court to have given leave despite
noncompliance)
150 Part 6 (Settlement of claims)
s 304 176 s 305
WorkCover Queensland
(ii) WorkCover has waived the claimant's noncompliance with 1
the requirements of section 280;151 or 2
(iii) the court has made an order under section 304 or 305; 3
(b) WorkCover has denied liability on the part of the employer in 4
connection with the injury; 5
(c) WorkCover has admitted liability, but is claiming contributory 6
liability from the claimant or another party, and the claimant has 7
given WorkCover written notice that the extent of the admission 8
is disputed; 9
(d) WorkCover has admitted liability but damages can not be agreed. 10
to have made declaration about noncompliance 11
Court
304.(1) Subject to section 303,152 the claimant may start the proceeding if 12
the court, on application by the claimant dissatisfied with WorkCover's 13
response under section 282153 to a notice of claim, declares that-- 14
(a) notice of claim has been given under section 280;154 or 15
(b) the claimant is taken to have remedied noncompliance with the 16
requirements of section 280. 17
(2) A declaration that a claimant is taken to have remedied 18
noncompliance with section 280 may be made on conditions the court 19
considers necessary or appropriate to minimise prejudice to WorkCover 20
from the claimant's failure to comply with the requirements of section 280. 21
to have given leave despite noncompliance 22
Court
305.(1) Subject to section 303, the claimant may start the proceeding if 23
the court, on application by the claimant, gives leave to bring the proceeding 24
despite noncompliance with the requirements of section 280. 25
151 Section 280 (Notice of claim for damages)
152 Section 303 (Claimant to have given complying notice of claim or WorkCover
to have waived compliance)
153 Section 282 (Response to notice of claim)
154 Section 280 (Notice of claim for damages)
s 306 177 s 306
WorkCover Queensland
(2) The order giving leave to bring the proceeding may be made on 1
conditions the court considers necessary or appropriate to minimise 2
prejudice to WorkCover from the claimant's failure to comply with the 3
requirements of section 280. 4
Division 2--Court proceedings 5
of proceedings 6
Carriage
306.(1) If a proceeding is brought for damages, the proceeding must be 7
brought against the employer of the injured or deceased worker and not 8
against WorkCover. 9
(2) However, a proceeding may, and may only, be brought against 10
WorkCover if-- 11
(a) the employer was an individual and can not be adequately 12
identified, is dead or can not practically be served; or 13
(b) the employer was a corporation and has been wound-up; or 14
(c) the employer was self insured at the time of the event and 15
WorkCover has since assumed the employer's liability for the 16
injury. 17
(3) If a claim has not been settled at a compulsory conference, then 18
despite any rule of court, the legal process that starts the proceeding must be 19
served on the employer-- 20
(a) within 60 days after the day the conference was held; or 21
(b) within the further period that the court orders on the claimant's 22
application. 23
(4) If the employer is not a self-insurer, legal process that starts the 24
proceeding must be served on WorkCover within 30 days after the 25
employer has been served, and no step may be taken in the proceeding until 26
WorkCover or the self-insurer has been served. 27
(5) WorkCover is entitled to conduct for an employer, other than an 28
employer who is a self-insurer, all proceedings taken to enforce the claim or 29
to settle any matter about the claim. 30
s 307 178 s 308
WorkCover Queensland
(6) An employer who is a self-insurer is entitled to conduct all 1
proceedings taken to enforce the claim or to settle any matter about the 2
claim. 3
(7) In addition to an employer's obligation under section 284(1),155 the 4
employer, other than an employer who is a self-insurer, immediately on 5
being required by WorkCover to do so, must execute all documents and do 6
everything that WorkCover considers reasonably necessary to allow the 7
proceedings to be conducted by it. 8
(8) If an employer, other than an employer who is a self-insurer-- 9
(a) is absent from the State or, after reasonable inquiry, can not be 10
found; or 11
(b) refuses, fails or is unable to execute documents mentioned in 12
subsection (7); 13
WorkCover may execute for the employer all documents that it may require 14
or requires the employer to execute for subsection (7). 15
of jury trial 16
Exclusion
307. A proceeding for damages must be decided by a judge without a 17
jury. 18
of period of limitation 19
Alteration
308.(1) A claimant may bring a proceeding for damages for personal 20
injury after the end of the period of limitation allowed for bringing a 21
proceeding for damages for personal injury under the Limitation of Actions 22
Act 1974 only if-- 23
(a) before the end of the period of limitation-- 24
(i) the claimant gives a notice of claim that is a complying 25
notice of claim; or 26
155 Section 284 (Employer to cooperate with WorkCover)
s 309 179 s 310
WorkCover Queensland
(ii) the claimant gives a notice of claim for which WorkCover 1
waives compliance with the requirements of section 280; 156 2
or 3
(iii) a court makes a declaration under section 304;157 or 4
(iv) a court gives leave under section 305;158 and 5
(b) the claimant complies with section 302.159 6
(2) However, the proceeding must be brought within 60 days after a 7
compulsory conference for the claim is held. 8
may have regard to claimant's non-compliance with s 280 in 9
Court
relation to costs and interest 10
309. If a claimant does not comply with the requirements of 11
section 280,160 the court before which the claimant brings a proceeding for 12
damages-- 13
(a) on WorkCover's application, may award in WorkCover's favour 14
costs, including legal and investigation costs reasonably incurred 15
by WorkCover because of the claimant's default; and 16
(b) subject to section 318,161 may award interest in the claimant's 17
favour for a period for which the claimant was in default but only 18
if the court is satisfied that there is a reasonable excuse for the 19
default. 20
may have regard to compulsory conference 21
Court
310. A court may have regard to the compulsory conference between the 22
parties in deciding-- 23
156 Section 280 (Notice of claim for damages)
157 Section 304 (Court to have made declaration about noncompliance)
158 Section 305 (Court to have given leave despite noncompliance)
159 Section 302 (Compliance necessary before starting proceeding)
160 Section 280 (Notice of claim for damages)
161 Section 318 (Interest)
s 311 180 s 312
WorkCover Queensland
(a) whether the matter of the damages should be referred to an 1
alternative dispute resolution process; or 2
(b) costs in the proceeding for damages. 3
ART 8--PARTICULAR MATTERS AFFECTING 4
P
ASSESSMENTS OF LIABILITY 5
defences not reintroduced 6
Absolute
311. This Act does not reintroduce the absolute defence of contributory 7
negligence or common employment. 8
of employers and workers 9
Liability
312.(1) In deciding whether a claimant is entitled to recover damages not 10
reduced on account of contributory negligence, or at all, all courts must have 11
regard to whether the claimant has proved such of the following matters as 12
are relevant to the claim-- 13
(a) that the employer had made no genuine and reasonable attempt to 14
put in place an appropriate system of work to guard the worker 15
against injury arising out of events that were reasonably readily 16
foreseeable; 17
(b) that the actual and direct event giving rise to the worker's injury 18
was actually foreseen or reasonably readily foreseeable by the 19
employer; 20
(c) that the worker did not know and had no reasonable means of 21
knowing that the actual and direct event giving rise to the injury 22
might happen; 23
(d) that the injury sustained by the worker did not arise out of a 24
relevant failure of the worker to inform the employer of the 25
possibility of the event giving rise to the injury happening, in 26
circumstances in which the employer neither knew nor 27
reasonably had the means of knowing of the possibility; 28
s 313 181 s 313
WorkCover Queensland
(e) that the worker did everything reasonably possible to avoid 1
sustaining the injury; 2
(f) that the event giving rise to the worker's injury was not solely as 3
a result of inattention, momentary or otherwise, on the worker's 4
part; 5
(g) that the injury sustained by the worker did not arise out of a 6
relevant failure of the worker to use all the protective clothing and 7
equipment provided, or provided for, by the employer and in the 8
way instructed by the employer; 9
(h) that the worker did not relevantly fail to inform the employer of 10
any unsafe plant or equipment as soon as practicable after the 11
worker's discovery and relevant knowledge of the unsafe nature 12
of the plant or equipment; 13
(i) that the worker did not inappropriately interfere with or misuse or 14
fail to use anything provided that was designed to reduce the 15
worker's exposure to risk of injury. 16
(2) If the claimant relies exclusively on a failure by the employer to 17
provide a safe system of work and fails to prove the matter mentioned in 18
subsection (1)(a), the court must dismiss the claim. 19
(3) If the claimant fails to prove the matter mentioned in 20
subsection (1)(b), the court must dismiss the claim. 21
(4) If the claimant fails to prove any of the matters mentioned in 22
subsection (1)(c) to (i), the court must-- 23
(a) dismiss the claim; or 24
(b) reduce the claimant's damages on the basis that the worker 25
substantially contributed to the worker's injury. 26
(5) In deciding whether a worker has been guilty of completely causative 27
or contributory negligence, the court is not confined to a consideration of 28
and reliance on the matters mentioned in subsection (1)(c) to (i). 29
breach of instructions 30
Worker's
313. An employer is not liable for damages to a claimant because the 31
s 314 182 s 314
WorkCover Queensland
employer failed to guard against breach by the worker of the employer's 1
instructions. 2
of damages because of contributory negligence 3
Reduction
314.(1) A court must make a finding of contributory negligence if the 4
worker-- 5
(a) relevantly failed to comply, so far as was practicable, with 6
instructions given by the worker's employer for the health and 7
safety of the worker or other persons unless the claimant can 8
prove, on the balance of probabilities, that the failure did not cause 9
or contribute to the worker's injury; or 10
(b) failed at the material time to use, so far as was practicable, 11
protective clothing and equipment provided, or provided for, by 12
the worker's employer, in a way in which the worker had been 13
properly instructed to use them unless the claimant can prove, on 14
the balance of probabilities, that the failure did not cause or 15
contribute to the worker's injury; or 16
(c) failed at the material time to use, so far as was practicable, 17
anything provided that was designed to reduce the worker's 18
exposure to risk of injury unless the claimant can prove, on the 19
balance of probabilities, that the failure did not cause or contribute 20
to the worker's injury; or 21
(d) inappropriately interfered with or misused something provided 22
that was designed to reduce the worker's exposure to risk of 23
injury; or 24
(e) was at the relevant time adversely affected by the intentional 25
consumption of a substance that induces impairment unless the 26
claimant can prove that the adverse affect did not cause or 27
contribute to the worker's injury; or 28
(f) has failed without reasonable excuse to attend on more than 29
1 occasion any safety training course organised by the worker's 30
employer that is conducted during normal working hours at 31
which the information given would probably have enabled the 32
worker to avoid, or minimise the effects of, the event giving rise 33
to the worker's injury. 34
s 315 183 s 316
WorkCover Queensland
(2) If an injury sustained by a worker was caused or contributed to by 1
1 or more of the circumstances mentioned in subsection (1), the court must 2
reduce the damages for the worker's injury under subsection (3). 3
(3) For subsection (2), the court must reduce the award of damages by at 4
least 25% for each of the circumstances causing or contributing to the 5
injury. 6
ART 9--NO RIGHT TO PARTICULAR DAMAGES 7
P
services 8
Gratuitous
315. A court can not award damages for the value of services of any 9
kind-- 10
(a) that have been, or are to be, provided by another person to a 11
worker; and 12
(b) that are services of a kind that have been, or are to be, or 13
ordinarily would be, provided to the worker by a member of the 14
worker's family or household; and 15
(c) for which the worker is not, and would ordinarily not be, liable to 16
pay. 17
other than to claimant 18
Damages
316. A court can not award damages of any kind under this Act to a 19
person other than the claimant, including damages for loss of consortium as 20
a result of the injury sustained by the worker. 21
s 317 184 s 318
WorkCover Queensland
PART 10--AWARDING OF PARTICULAR DAMAGES 1
Division 1--Future economic loss 2
economic loss 3
Future
317. A court may award damages for future economic loss or damages 4
for diminution of future earning capacity only if the claimant satisfies the 5
court that, because of the percentage of WRI resulting from the injury 6
sustained, there is at least a 51% likelihood that the claimant will sustain the 7
future economic loss or diminution of future earning capacity. 8
2--Interest 9
Division
10
Interest
318.(1) A court may order payment of interest on the amount of 11
damages but only as provided by this section. 12
(2) A court may order payment of interest-- 13
(a) on items of special damage that the claimant has actually paid; or 14
(b) for damages for actual past economic loss. 15
(3) For subsection (2)(b), the damages must be reduced by the amount 16
of compensation paid. 17
(4) In deciding whether to order payment of interest, the court must have 18
regard to the following-- 19
(a) whether WorkCover-- 20
(i) has been given information that would enable a proper 21
assessment of the claimant's claim; and 22
(ii) has had a reasonable opportunity to make an offer of 23
settlement if it would be appropriate to do so in relation to 24
the claimant's full entitlement to all damages of any kind; 25
and 26
(iii) has not made an offer; 27
s 319 185 s 319
WorkCover Queensland
(b) whether WorkCover-- 1
(i) has had a reasonable opportunity to make a revised offer of 2
settlement if it would be appropriate to do so in the light of 3
further information given by the claimant that would enable 4
a proper assessment of the claimant's full entitlement to all 5
damages of any kind; and 6
(ii) has not made an offer. 7
(5) The rate of interest to be used in the calculation is the rate prescribed 8
under the Supreme Court Act 1995, section 48(1).162 9
(6) This section does not affect the payment of interest on a debt under a 10
judgment or order of the court. 11
Division 3--Exemplary damages 12
damages 13
Exemplary
319.(1) A court can not award exemplary or punitive damages against 14
WorkCover in a claimant's proceeding for damages. 15
(2) However, the court may give a separate judgment against an 16
employer for the payment of exemplary or punitive damages if the court 17
considers that the employer's conduct is so reprehensible that an award of 18
exemplary or punitive damages is justified. 19
(3) WorkCover can not indemnify an employer against an award of 20
exemplary or punitive damages. 21
162 Supreme Court Act 1995, section 48 (Interest on debt under judgment or order)
s 320 186 s 321
WorkCover Queensland
PART 11--COSTS 1
Division 1--Costs applying to worker with certificate injury or dependant 2
of div 1 3
Application
320. This division only applies if the claimant is-- 4
(a) a worker who has a certificate injury; or 5
(b) a dependant. 6
about orders as to costs 7
Principles
321.(1) If a court has assessed damages in the claimant's proceeding for 8
damages, it must apply the principles set out in this section when making an 9
order about the costs in the proceeding. 10
(2) If the amount of damages is equal to or more than the claimant's 11
written final offer, the court must, unless WorkCover shows that another 12
order for costs is proper in the circumstances, order WorkCover to pay the 13
claimant's costs-- 14
(a) on a party and party basis up to and including the day of final 15
offer; and 16
(b) on a solicitor-client basis after the day of final offer. 17
(3) If the amount of damages is not more than WorkCover's written 18
final offer, the court must order-- 19
(a) WorkCover to pay the claimant's costs on a party and party basis 20
up to and including the day of final offer; and 21
(b) the claimant to pay WorkCover's costs on a solicitor-client basis 22
after the day of final offer. 23
(4) In any other case, the court may make an order about costs as it 24
considers appropriate. 25
s 322 187 s 324
WorkCover Queensland
denial of liability 1
WorkCover's
322.(1) This section applies if-- 2
(a) after receiving a notice of claim, WorkCover denies liability or 3
admits liability to the extent of not more than 25% of the claim; 4
and 5
(b) WorkCover's liability is established in a proceeding before a 6
court to the extent of at least 75%. 7
(2) The court must award costs in favour of the claimant on a 8
solicitor-client basis unless WorkCover establishes good reason why it 9
should not. 10
because of noncompliance with this chapter 11
Costs
323.(1) If a party (the "defaulting party") has failed to comply with a 12
provision of this chapter, the court may order that the defaulting party-- 13
(a) bear its own costs during the period of default; and 14
(b) pay the costs, including legal and investigation costs, reasonably 15
incurred by the other party because of the default. 16
(2) However, the court must consider-- 17
(a) whether it was unreasonable for the other party not to waive 18
compliance with the provision (for example, not to consent to late 19
receipt of a document); and 20
(b) whether the defaulting party failed to comply with the provision 21
within a reasonable time after the other party requested 22
compliance. 23
Division 2--Costs applying to worker with non-certificate injury 24
of div 2 25
Application
324. This division applies if the claimant is a worker who has a 26
non-certificate injury. 27
s 325 188 s 325
WorkCover Queensland
about orders as to costs 1
Principles
325.(1) No order about costs, other than an order allowed under this 2
section, is to be made by the court in the claimant's proceeding. 3
(2) If a party to the proceeding makes a written final offer of settlement 4
that is refused and the court later awards damages to the worker, the court 5
must, in the following circumstances, make the order about costs provided 6
for-- 7
(a) if the amount of damages awarded is equal to or more than the 8
worker's final offer--an order that WorkCover pay the worker's 9
party and party costs from the day of the final offer; 10
(b) if the amount of damages awarded is equal to or less than the 11
WorkCover's final offer--an order that the worker pay 12
WorkCover's party and party costs from the day of the final 13
offer. 14
(3) If the award of damages is less than the claimant's written final offer 15
but more than WorkCover's final offer, each party bears the party's own 16
costs. 17
(4) An order about costs for an interlocutory application may be made 18
only if the court is satisfied that the application has been brought because of 19
unreasonable delay by 1 of the parties. 20
(5) If an entity other than the worker's employer or WorkCover is joined 21
as a defendant in the proceeding, the court may make an order about costs 22
in favour of, or against, the entity according to the proportion of liability of 23
the defendants and the justice of the case. 24
(6) The court may make an order for costs against the worker's 25
employer or WorkCover under subsection (5) only if-- 26
(a) the order is in favour of the entity; and 27
(b) the worker's employer or WorkCover joined the entity as a 28
defendant. 29
s 326 189 s 328
WorkCover Queensland
Division 3--Costs generally 1
of div 3 2
Application
326. This divisions applies to all claimants. 3
if proceeding could have been brought in a lower court 4
Costs
327. If the amount of damages a court awards could have been awarded 5
in a lower court, the court must order any costs in favour of the claimant 6
under the scale of costs applying in the lower court. 7
PART 12--EXCESS DAMAGES AWARDED IN 8
ANOTHER JURISDICTION 9
of pt 12 10
Application
328. This part applies if-- 11
(a) a person is entitled to seek as a claimant damages for an injury 12
sustained by a worker in a court of the State, other than under the 13
Jurisdiction of Courts (Cross-Vesting) Act 1978; and 14
(b) damages for the injury are awarded by a court that is not a court 15
of the State; and 16
(c) the court that awards the damages does not do so subject to this 17
chapter; and 18
(d) the amount of the damages awarded to a claimant is more than 19
the amount that would have been awarded subject to this chapter 20
in a proceeding before a court of the State; and 21
(e) WorkCover would be liable to pay all the damages if section 329 22
did not apply. 23
s 329 190 s 332
WorkCover Queensland
liability for excess damages 1
No
329. WorkCover is not liable for the difference between the amount of 2
damages awarded to the claimant and the amount of damages that would 3
have been awarded in a proceeding before a court of the State. 4
CHAPTER 6--WORKCOVER QUEENSLAND 5
PART 1--ESTABLISHMENT 6
is established 7
WorkCover
330. WorkCover Queensland is established. 8
is a body corporate etc. 9
WorkCover
331. WorkCover-- 10
(a) is a body corporate with perpetual succession; and 11
(b) has a common seal; and 12
(c) may sue and be sued in its corporate name. 13
with State 14
Relationship
332.(1) WorkCover represents the State. 15
(2) Without limiting subsection (1), every WorkCover policy or other 16
insurance contract with WorkCover is guaranteed by the government of the 17
State. 18
(3) If WorkCover is unable to pay from a fund under its control an 19
amount payable by WorkCover under a policy or contract guaranteed under 20
subsection (2), the amount is to be paid out of consolidated fund to 21
WorkCover. 22
(4) The consolidated fund is appropriated for the amount. 23
s 333 191 s 335
WorkCover Queensland
ART 2--FUNCTIONS AND POWERS 1
P
1--Functions and insurance business 2
Division
statement of WorkCover's functions 3
General
333.(1) WorkCover's functions are as follows-- 4
(a) to manage the workers' compensation scheme; 5
(b) to undertake the insurance business mentioned in section 334; 6
(c) to perform other functions conferred on it by this or another Act; 7
(d) to do anything necessary for the administration of this Act that is 8
not the function of another entity. 9
(2) In performing its functions, WorkCover-- 10
(a) must, as far as practicable, deliver insurance as a commercial 11
enterprise; and 12
(b) must enforce this Act as a regulator; and 13
(c) is subject to the Minister's directions under part 4. 14
insurance business 15
WorkCover's
334.(1) WorkCover may undertake the business of-- 16
(a) accident insurance; and 17
(b) other insurance this Act authorises WorkCover to undertake. 18
(2) WorkCover may reinsure, on conditions that it considers appropriate, 19
all or part of any risk accepted by it. 20
as the exclusive provider of accident insurance 21
WorkCover
335.(1) Accident insurance is to be undertaken only by WorkCover. 22
(2) Policies for accident insurance are to be issued by or for WorkCover 23
and no other person or association or group of persons. 24
s 336 192 s 338
WorkCover Queensland
(3) A policy issued in contravention of this section is unenforceable at 1
law. 2
(4) This section is subject to the provisions of this Act authorising 3
self-insurers to provide accident insurance. 4
offices 5
WorkCover's
336. WorkCover may establish offices anywhere and discontinue any 6
WorkCover offices. 7
Division 2--Powers generally 8
of div 2 9
Objects
337. The objects of this division include-- 10
(a) abolishing any application of the doctrine of ultra vires to 11
WorkCover; and 12
(b) ensuring that WorkCover gives effect to any restrictions on its 13
objects or powers, but without affecting the validity of its dealings 14
with outsiders. 15
general powers 16
WorkCover's
338.(1) WorkCover has, for or in connection with the performance of its 17
functions, all the powers of a natural person, including, for example, the 18
power to-- 19
(a) enter into contracts; and 20
(b) acquire, hold, dispose of and deal with property; and 21
(c) appoint attorney and agents, including for debt collection; and 22
(d) charge, and fix terms, for goods, services and information 23
supplied by it; and 24
(e) engage consultants; and 25
(f) establish subsidiaries; and 26
s 339 193 s 339
WorkCover Queensland
(g) do all other things necessary or convenient to be done for, or in 1
connection with, the performance of its functions. 2
(2) Without limiting subsection (1), WorkCover has the powers that are 3
conferred on it by this or another Act. 4
(3) WorkCover may exercise its powers inside and outside Queensland. 5
(4) Without limiting subsection (3), WorkCover may exercise its powers 6
in a foreign country. 7
(5) The fact that the doing of an act by WorkCover would not be, or is 8
not, in its best interests does not affect its power to do the act. 9
(6) In this section-- 10
"power" includes legal capacity. 11
restriction on WorkCover's powers 12
General
339.(1) Section 338 applies to WorkCover subject to any restrictions on 13
WorkCover's powers expressly imposed under this or another Act. 14
(2) Section 338 also applies to WorkCover subject to any restrictions 15
expressly imposed by-- 16
(a) WorkCover's statement of corporate intent; and 17
(b) any relevant directions, notifications or approvals given to 18
WorkCover by the Minister 19
(3) WorkCover contravenes this subsection if-- 20
(a) WorkCover exercises a power contrary to a restriction mentioned 21
in subsection (1) or (2); or 22
(b) does an act otherwise than for its functions. 23
(4) The exercise of the power mentioned in subsection (3)(a), or the act 24
mentioned in subsection (3)(b), is not invalid merely because of the 25
contravention. 26
(5) A WorkCover officer who is involved in the contravention 27
contravenes this subsection. 28
(6) An act of the officer is not invalid merely because, by doing the act, 29
the officer contravenes subsection (5). 30
s 340 194 s 341
WorkCover Queensland
(7) WorkCover or an officer of WorkCover is not guilty of an offence 1
merely because of the contravention. 2
(8) The fact that-- 3
(a) by exercising the powers mentioned in subsection (3)(a), or doing 4
the act as mentioned in subsection (3)(b), WorkCover 5
contravened, or would contravene, subsection (3); or 6
(b) by doing a particular act, an officer of WorkCover contravened, 7
or would contravene, subsection (5); 8
may be asserted or relied on only in proceedings between the Minister or 9
the State and officers of WorkCover. 10
(9) In this section-- 11
"officer" of WorkCover means-- 12
(a) a WorkCover director; or 13
(b) the chief executive officer; or 14
(c) an employee of WorkCover. 15
"restriction" includes prohibition. 16
of main undertakings 17
Disposal
340. (1) WorkCover may dispose of any of its main undertakings only 18
with the prior written approval of the Minister. 19
(2) In this section-- 20
"main undertakings" means the undertakings specified as WorkCover's 21
main undertakings in WorkCover's most recent statement of corporate 22
intent. 23
and disposing of subsidiaries 24
Acquiring
341. WorkCover may do the following only with the prior written 25
approval of the Minister-- 26
(a) form, or participate in the formation of, a company that will 27
become a WorkCover subsidiary; 28
s 342 195 s 342
WorkCover Queensland
(b) acquire shares, or participate in any other transaction that will 1
result in a body corporate becoming, or ceasing to be a 2
WorkCover subsidiary. 3
of persons who deal with WorkCover 4
Protection
342.(1) If a person has dealings with WorkCover-- 5
(a) the person is entitled to make the assumptions mentioned in 6
subsection (3); and 7
(b) in a proceeding about the dealings, any assertion by WorkCover 8
that the matters that the person is entitled to assume were not 9
correct must be disregarded. 10
(2) If a person has dealings with a person who has acquired, or purports 11
to have acquired, title to property from WorkCover (whether directly or 12
indirectly)-- 13
(a) the person is entitled to make the assumptions mentioned in 14
subsection (3); and 15
(b) in a proceeding for the dealings, any assertion by WorkCover or 16
the second person that the matters that the first person is entitled 17
to assume were not correct must be disregarded. 18
(3) The assumptions that a person is, because of subsection (1) or (2), 19
entitled to make are-- 20
(a) that, at all relevant times, this Act has been complied with; and 21
(b) that a person who is held out by WorkCover to be an officer or 22
agent of WorkCover-- 23
(i) has been properly appointed; and 24
(ii) has authority to exercise the powers and perform the 25
functions customarily exercised or performed by an officer 26
or agent of the kind concerned; and 27
(c) that an officer or agent of WorkCover who has authority to issue 28
a document for WorkCover has authority to warrant that the 29
document is genuine; and 30
s 342 196 s 342
WorkCover Queensland
(d) that an officer or agent of WorkCover who has authority to issue 1
a certified copy of a document for WorkCover has authority to 2
warrant that the copy is a true copy; and 3
(e) that a document has been properly sealed by WorkCover if-- 4
(i) it bears what appears to be an imprint of WorkCover's seal; 5
and 6
(ii) the sealing of the document appears to be authenticated by a 7
person who, because of paragraph (b), may be assumed to 8
be a WorkCover director or the chief executive officer; and 9
(f) that the directors, chief executive officer, employees and agents of 10
WorkCover have properly performed their duties to WorkCover. 11
(4) However, a person is not entitled to assume a matter mentioned in 12
subsection (3) if-- 13
(a) the person has actual knowledge that the assumption would be 14
incorrect; or 15
(b) because of the person's connection or relationship with 16
WorkCover, the person ought to know that the assumption would 17
be incorrect. 18
(5) If, because of subsection (4), a person is not entitled to make a 19
particular assumption-- 20
(a) if the assumption is in relation to dealings with 21
WorkCover--subsection (1) does not apply to any assertion by 22
WorkCover in relation to the assumption; or 23
(b) if the assumption is in relation to an acquisition or purported 24
acquisition from WorkCover of title to property--subsection (2) 25
does not apply to any assertion by WorkCover or another person 26
in relation to the assumption. 27
(6) In this section-- 28
"officer" of WorkCover means-- 29
(a) a WorkCover director; or 30
(b) the chief executive officer; or 31
(c) an employee of WorkCover. 32
s 343 197 s 346
WorkCover Queensland
power of Minister to direct that asset not be disposed of 1
Reserve
343.(1) The Minister may, after consultation with the board, give the 2
board a written direction requiring WorkCover not to dispose of a specified 3
asset. 4
(2) The board must ensure that the direction is complied with. 5
(3) The Minister must cause a copy of the direction to be published in the 6
gazette within 21 days after it is given. 7
ART 3--OBLIGATIONS 8
P
Division 1--Corporate Plan 9
must have corporate plan 10
WorkCover
344. WorkCover must have a corporate plan. 11
in relation to corporate plans 12
Guidelines
345.(1) The Minister may issue guidelines about the form and content of 13
WorkCover's corporate plan. 14
(2) WorkCover must comply with the guidelines. 15
corporate plan 16
Draft
346.(1) WorkCover's board must prepare, and submit to the Minister for 17
the Minister's agreement, a draft corporate plan not later than 2 months 18
before the start of each financial year. 19
(2) The board and the Minister must endeavour to reach agreement on 20
the draft plan as soon as possible and, for a draft corporate plan for a 21
financial year, in any case not later than 1 month before the start of the 22
financial year. 23
s 347 198 s 349
WorkCover Queensland
procedures for draft corporate plan 1
Special
347.(1) The Minister may return a draft corporate plan to WorkCover's 2
board and ask it to-- 3
(a) consider or further consider any matter and deal with the matter in 4
the draft plan; and 5
(b) revise the draft plan in the light of its consideration or further 6
consideration. 7
(2) The board must comply with the request as a matter of urgency. 8
(3) If, for a financial year, a draft corporate plan has not been agreed to 9
by the Minister by 1 month before the start of the financial year, the 10
Minister may, by written notice, direct the board-- 11
(a) to take specified steps in relation to the draft plan; or 12
(b) to make specified changes to the draft plan. 13
(4) The board must immediately comply with a direction under 14
subsection (3). 15
(5) The Minister must cause a copy of a direction to be published in the 16
industrial gazette within 21 days after it is given. 17
plan on agreement 18
Corporate
348. When a draft corporate plan is agreed to by the Minister, it becomes 19
WorkCover's corporate plan for the relevant financial year. 20
plan pending agreement 21
Corporate
349.(1) This section applies if, for a financial year, the Minister has not 22
agreed to a draft corporate plan before the start of the financial year. 23
(2) The draft corporate plan submitted or last submitted by the board to 24
the Minister before the start of the financial year, with any changes made by 25
the board, whether before or after that time, at the direction of the Minister, 26
is taken to be WorkCover's corporate plan until a draft corporate plan 27
becomes WorkCover's corporate plan under section 348. 28
s 350 199 s 353
WorkCover Queensland
to corporate plan 1
Changes
350.(1) WorkCover's corporate plan may be changed by its board with 2
the Minister's agreement. 3
(2) The Minister may, by written notice, direct the board to change the 4
corporate plan. 5
(3) The Minister must cause a copy of the direction to be published in the 6
industrial gazette within 21 days after it is given. 7
Division 2--Statement of corporate intent 8
must have statement of corporate intent 9
WorkCover
351. WorkCover must have a statement of corporate intent for each 10
financial year. 11
of corporate intent must be consistent with corporate plan 12
Statement
352. WorkCover's statement of corporate intent must be consistent with 13
its corporate plan. 14
to be included in statement of corporate intent 15
Matters
353.(1) WorkCover's statement of corporate intent must specify 16
WorkCover's financial and non-financial performance targets for its 17
activities for the relevant financial year. 18
(2) The statement of corporate intent must also include the matters 19
required by the following sections-- 20
(a) section 354; 21
(b) section 360;163 22
(c) section 408.164 23
163 Section 360 (Community service obligations to be specified in statement of
corporate intent)
164 Section 408 (Employment and industrial relations plan)
s 354 200 s 355
WorkCover Queensland
matters to be included in statement of corporate intent 1
Additional
354.(1) WorkCover's statement of corporate intent must include the 2
following additional matters-- 3
(a) an outline of WorkCover's objectives; 4
(b) an outline of the nature and scope of the activities proposed to be 5
undertaken by WorkCover during the relevant financial year; 6
(c) an outline of WorkCover's main undertakings during the relevant 7
financial year; 8
(d) WorkCover's capital structure and payments to the consolidated 9
fund under section 417;165 10
(e) an outline of the borrowings made, and proposed to be made, by 11
WorkCover; 12
(f) an outline of the policies adopted by WorkCover to minimise and 13
manage any risk of investments and borrowings that may 14
adversely affect its financial stability; 15
(g) an outline of WorkCover's policies and procedures relating to the 16
acquisition and disposal of major assets; 17
(h) WorkCover's accounting policies that apply to the preparation of 18
its accounts; 19
(i) the type of information to be given to the Minister, including 20
information to be given in quarterly and annual reports. 21
(2) The Minister may exempt WorkCover from including any matter, or 22
any aspect of a matter, mentioned in subsection (1) in the statement of 23
corporate intent. 24
(3) Subsection (1) does not limit the matters that may be included in a 25
statement of corporate intent. 26
statement of corporate intent 27
Draft
355.(1) WorkCover's board must prepare, and submit to the Minister for 28
the Minister's agreement, a draft statement of corporate intent not later than 29
165 Section 417 (Payment to consolidated fund)
s 356 201 s 358
WorkCover Queensland
2 months before the start of each financial year. 1
(2) The board and the Minister must endeavour to reach agreement on 2
the draft statement as soon as possible and, for a draft statement of 3
corporate intent for a financial year, in any case not later than the start of the 4
financial year. 5
procedures for draft statement of corporate intent 6
Special
356.(1) The Minister may return the draft statement of corporate intent to 7
WorkCover's board and ask it to-- 8
(a) consider or further consider any matter and deal with the matter in 9
the draft statement; and 10
(b) revise the draft statement in the light of its consideration or further 11
consideration. 12
(2) The board must comply with the request as a matter of urgency. 13
(3) If, for a financial year, a draft statement of corporate intent of 14
WorkCover has not been agreed to by the Minister before the start of the 15
financial year, the Minister may, by written notice, direct the board-- 16
(a) to take specified steps in relation to the draft statement; or 17
(b) to make specified changes to the draft statement. 18
(4) The board must immediately comply with a direction under 19
subsection (3). 20
(5) The Minister must cause a copy of the direction to be published in the 21
industrial gazette within 21 days after it is given. 22
of corporate intent on agreement 23
Statement
357. When a draft statement of corporate intent of WorkCover is agreed 24
to by the Minister, it becomes WorkCover's statement of corporate intent 25
for the relevant financial year. 26
to statement of corporate intent 27
Changes
358.(1) WorkCover's stateme