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1
Local Government and Other Legislation Amendment
Bill 2003
LOCAL GOVERNMENT AND OTHER
LEGISLATION AMENDMENT BILL 2003
EXPLANATORY NOTES
FOR
AMENDMENTS TO BE MOVED IN COMMITTEEBY
THE HONOURABLE NITA CUNNINGHAM MP
Title of the Bill
Local Government and Other Legislation Amendment Bill 2003
Objectives of the amendments
The Local Government and Other Legislation Amendment Bill 2003 (the
Bill) proposes amendments to the Workers' Compensation and
Rehabilitation Act 2003 (the Act) which will allow local government self-
insurers to elect to provide councillors with compensation benefits
equivalent to those available to `workers' as defined under the Act.
Application
The proposed amendments to the Workers' Compensation and
Rehabilitation Bill 2003 provide for a council that is a licensed self-insurer
or that forms part of a group self-insurance licence to choose to provide
workers' compensation coverage for elected local government councillors.
These amendments clarify that if a council that is a member of the local
government group self-insurance licence elects to provide coverage to its
councillors, councillors of other local governments that are members of the
group licence are not automatically provided with coverage. It is for each
council to make this choice for its councillors.
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Local Government and Other Legislation Amendment
Bill 2003
Estimated costs of government implementation
Given that self-insurers are responsible for their own insurance costs and
reinsurance protection, there are no costs associated with implementation
of these amendments for Government.
Consistency with fundamental legislative principles
The amendments are consistent with fundamental legislative principles.
Consultation
Consultation on the proposed amendments has occurred with Q-COMP,
the Local Government Association of Queensland and the Department of
Premier and Cabinet. The amendments have received support from all
stakeholders.
NOTES ON THE PROVISIONS
PART 5--AMENDMENT OF WORKERS'
COMPENSATION AND REHABILITATION ACT 2003
Amendment 1 amends clause 24 of the Bill, which provides for the
amendment of the Workers' Compensation and Rehabilitation Act 2003 as
tabled in the Local Government and Other Legislation Amendment Bill
2003.
Clause 24 inserts an amended 68A (Self-insurance for local
governments), which allows a local government self-insurer to choose to
cover elected local government councillors under its licence (1).
The proposed subsection (2) provides that if this election is made, all
councillors of the particular council electing to offer this coverage under
the licence are entitled to compensation in the event of an injury.
Where a single council is a licensed self-insurer, all elected councillors
have an entitlement to coverage if the council elects to provide such cover.
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Local Government and Other Legislation Amendment
Bill 2003
Where a council is a member of the local government group self-insurance
licence, only those councillors of the council that elects to offer this
coverage have an entitlement to compensation in the event of an injury.
Proposed subsection (3) provides that the self-insurer must advise both
councillors and the Workers' Compensation Regulatory Authority of its
decision to provide coverage to councillors.
Proposed section 68B (Entitlements of local government councillors)
provides that, if a self-insurer elects to provide coverage to councillors
under its licence, a councillor is entitled to compensation from the local
government to which the councillor was elected or appointed.
Compensation is only to be paid in the event of an injury sustained by a
councillor while attending meetings or performing other council duties (1).
The clause provides that councillors are entitled to weekly payments under
the Part mentioned and all other compensation entitlements are the same as
workers under the Workers' Compensation and Rehabilitation Act 2003
(2).
The clause further provides that councillors are excluded from claiming
common law damages under the self-insurer's licence (3); and provides
definitions for both employment and employer in the application of the
definition of injury to the councillor (4).
Amendment 2 amends clause 26 of the Bill, which inserts proposed
section 92A(2) to include subsection (6) of the existing section 92, which
negates subsection (4) and allows a local government classification group
employer to engage a third party to carry out the functions and powers
under section 92A.
© State of Queensland 2003