WORKERS' COMPENSATION AND REHABILITATION REGULATION 2003

Queensland Consolidated Regulations

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WORKERS' COMPENSATION AND REHABILITATION REGULATION 2003

TABLE OF PROVISIONS

Contents

Part 1--Preliminary

1. Short title
2. Commencement
3. Definitions
4. Authority's trading name—Act, s 328
5. WorkCover's capital adequacy—Act, s 453

Part 2--Employer insurance

Division 1--Policies and premium assessments

6. Application for policy
7. Policies and renewals
8. Assessment of premium
9. Declaration of wages
10. Value of board and lodging
11. Payment of premium by instalments
12. Additional premium for late payment of premium—Act, ss 61 and 62
14. Premium for appeals—Act, s 569(2)(a)
15. Former employer may apply to cancel policy
15A. Cancellation of policy if workers no longer employed

Division 2--Employer excess

16. Excess period—Act, s 65
17. Employer's election to insure against payment for excess period—Act, s 67
18. Amount payable to insure against payment for excess period—Act, s 67

Division 3--Self-insurance

19. Application fees—Act, s 70
20. Annual levy—Act, s 81
20A. Provisional annual levy
21. Additional amount for late payment of levy—Act, s 82
22. Conditions of licence—Act, s 83
23. Premium payable after cancellation of self-insurer's
23A. Deemed levy for appeals—Act, s 569(2)(a)
24. Actuarial procedure—self-insurers

Part 3--Other insurances

Division 1--Students

25. Insurance of work experience students
26. Insurance of vocational placement students

Division 2--Eligible persons

27. Proposal for contract of insurance—Act, s 24
28. Documents to be kept by eligible person

Division 3--Other persons

29. Contracts of insurance for other persons

Division 4--Contracts of insurance generally

30. Entitlements of persons mentioned in ch 1, pt 4, div 3, subdivs 1, 2 and 4
31. WorkCover not liable if premium not paid
32. Duty to report injury

Part 4--Amount of calculation of liability for self-insurers

Division 1--Outstanding liability
Subdivision 1--Purpose of div 1

33. Purpose of div 1
Subdivision 2--Calculation
34. Appointment of actuary for calculation
35. Calculation
36. Authority to give actuaries information
37. Actuarial report
38. Summary report
39. Agreement on calculation
40. Reference to arbiter if no agreement
41. Arbiter's costs
42. Payment of amount for outstanding liability
43. Transfer of claims information
Subdivision 3--Recalculation
44. Purpose of sdiv 3
45. Application of sdiv 3 for group employers
46. Appointment of actuary for recalculation
47. Recalculation
48. Authority to give actuaries information
49. Actuarial report
50. Summary report
51. Agreement on recalculation
52. Reference to arbiter if no agreement
53. Arbiter's costs
54. Payment of amount for recalculation

Division 2--Total liability

55. Purpose of div 2
56. Appointment of actuary
57. Calculation
58. Parties to give actuaries information
59. Actuarial report
60. Summary report
61. Agreement on calculation
62. Reference to arbiter if no agreement
63. Arbiter's costs
64. Payment of amount for total liability
65. Transfer of claims information

Division 3--Liability after cancellation of self-insurer's licence

66. Purpose of div 3
67. Appointment of actuary
68. Calculation
69. Former self-insurer to give actuaries information
70. Actuarial report
71. Summary report
72. Agreement
73. Reference to actuarial arbiter if no agreement
74. Arbiter's costs
75. Payment of amount for liability

Division 3A--Estimated claims liability

75A. Purpose of div 3A
75B. Definition for div 3A
75C. Approved actuary
75D. Calculation
75E. Self-insurer to give Authority and approved actuary information
75F. Actuarial report
75G. Copy of actuarial report to Authority and self-insurer
75H. Authority to advise self-insurer whether agreement
75I. Reference to Authority's actuary if no agreement
75J. Agreement on estimated claims liability
75K. Reference to arbiter
75L. Arbiter's costs

Division 3B--Self-insurers who become non-scheme employers
Subdivision 1--Preliminary

75M. Purpose of div 3B
75N. Definition for div 3B
Subdivision 2--Calculation
75O. Appointment of actuary for calculation
75P. Calculation
75Q. Non-scheme employer to give actuaries information
75R. Actuarial report
75S. Summary report
75T. Agreement
75U. Reference to actuarial arbiter if no agreement
75V. Arbiter's costs
75W. Payment of amount for liability
Subdivision 3--Recalculation
75X. Purpose of sdiv 3
75Y. Appointment of actuary for recalculation
75Z. Recalculation
75ZA. WorkCover to give actuaries information
75ZB. Actuarial report
75ZC. Summary report
75ZD. Agreement on recalculation
75ZE. Reference to arbiter if no agreement
75ZF. Arbiter's costs
75ZG. Payment of amount for recalculation
Division 3C Total liability--member of a group who becomes non-scheme employer
75ZH. Purpose of div 3C
75ZI. Appointment of actuary
75ZJ. Calculation
75ZK. Parties to give actuaries information
75ZL. Actuarial report
75ZM. Summary report
75ZN. Agreement on calculation
75ZO. Reference to arbiter if no agreement
75ZP. Arbiter's costs
75ZQ. Payment of amount for total liability
75ZR. Transfer of claims information

Division 4--Actuarial arbiter

76. Function of actuarial arbiter
77. Appointment of actuarial arbiter
78. Decision of arbiter
79. Arbiter's decision is final

Part 5--Compensation

Division 1--Calculation of NWE

80. Calculation of NWE
81. What amounts may or may not be taken into account
82. NWE if impracticable to calculate rate of worker's remuneration
83. NWE if worker worked for 2 or more employers
84. NWE if insurer considers calculation unfair

Division 2--Compensation application and other procedures

85. Application for compensation
86. Doctor's certificate
87. If doctor not available
88. Examination of claimant or worker—Act, ss 135 and 510
89. Payment for treatment arranged by employer other than self-insurer
91. Special medical treatment, hospitalisation or medical aid

Division 3--Entitlement to compensation for permanent impairment

92. Table of injuries
93. Assessing degree of permanent impairment from multiple injuries using the table of injuries
94. Assessment for industrial deafness—Act, s 179
95. Calculation of WRI—Act, s 183
95A. Additional lump sum compensation—workers with latent onset injuries that are terminal conditions—Act, s 128B
96. Additional lump sum compensation for certain workers—Act, s 192
97. Additional lump sum compensation for gratuitous care—Act, s 193

Part 6--Rehabilitation

Division 1--Caring allowance

98. Further information required in occupational therapist's report—Act, s 224
99. Extent of liability for caring allowance—Act, s 225

Division 1A--Rehabilitation and return to work coordinators

99A. Criteria for rehabilitation and return to work coordinator—Act, s 41(a)
99B. Functions of rehabilitation and return to work coordinator—Act, s 41(b)
99C. Employer's obligation to appoint rehabilitation and return to work coordinator—Act, s 226(1)

Division 2--Workplace rehabilitation policy and procedures

99D. Employer's obligation to have workplace rehabilitation policy and procedures—Act s 227(1)
100. Reporting requirement for review of workplace rehabilitation policy and procedures

Division 3--Standard for rehabilitation

101. Who this division applies to
103. Standard for rehabilitation
104. Doctor's approval
105. Worker's file
106. Rehabilitation and return to work plan
106A. Suitable duties program
107. Case notes
108. Early worker contact
109. Rehabilitation
110. Confidentiality

Part 7--Damages

111. Notice of claim for damages—Act, s 275
112. Notice of claim and urgent proceedings—Act, s 276
112A. Insurer may add another person as contributor—Act, s 278A
112B. Contributor's response—Act, s 278B

Part 8--Costs

Division 1--Proceeding before industrial magistrate or industrial commission

113. Costs—proceeding before industrial magistrate or industrial commission

Division 2--Claim for damages

114. Who this division applies to
115. Definition for div 2
116. Costs before proceeding started
117. Costs after proceeding started
118. Outlays

Part 8A--Medical assessment tribunals

118A. Medical assessment tribunals
118B. Constitution of General Medical Assessment Tribunal
118C. Chairperson and deputy chairperson of General Medical Assessment Tribunal
118D. Constitution of specialty medical assessment tribunal
118E. Chairperson and deputy chairperson of specialty medical assessment tribunal
118F. Constitution of composite tribunals
118G. Chairperson and deputy chairperson of composite tribunal

Part 9--Miscellaneous

119. Documents to be kept—Act, s 520
120. Reasons for decisions must address certain matters—Act, ss 540(4) and 546(3AA)
120A. Declaration of designated courts—Act, s 114
120B. Declaration of provisions that are a State's legislation about damages for work related injury—Act, s 322

Part 10--Transitional provisions

Division 1--Transitional provisions for Workers' Compensation and Rehabilitation Amendment Regulation (No. 1) 2004

121. Estimated claims liability for ss 20 and 23A
122. Adjustment of annual levy

Division 2--Transitional provisions for Workers' Compensation and Rehabilitation and Other Legislation Amendment Regulation (No. 1) 2004

123. Costs in proceedings before industrial magistrate
124. Excess period

Division 3--Transitional provisions for Workers' Compensation and Rehabilitation Amendment Regulation (No. 1) 2008

125. Excess period
126. Rehabilitation and return to work coordinators
127. Adding person as contributor
SCHEDULE 1 -- ADDITIONAL PREMIUM
SCHEDULE 2 -- TABLE OF INJURIES

Part 1--Upper extremity injuries

Division 1--Preliminary
1. Application of pt 1
2. How to use this part of the table
3. Interaction between this part and the AMA guide
4. Formulas to be used for deciding lump sum compensation for permanent impairment

Division 2--Upper extremity injuries

Part 2--Lower extremity injuries

Division 1--Preliminary
1. Application of pt 2
2. How to use this part of the table
3. Interaction between this part and the AMA guide
4. Formulas to be used for deciding lump sum compensation for permanent impairment

Division 2--Lower extremity injuries

Part 3--Special provision injuries

Division 1--Preliminary
1. Application of pt 3
2. How to use this part of the table
3. Interaction between this part and the assessment guides
4. Formula to be used for deciding lump sum compensation for permanent impairment

Division 2--Special provision injuries

Part 4--Other injuries

Division 1--Preliminary
1. Application of pt 4
2. How to use this part of the table
3. Interaction between this part and the AMA guide
4. Formulas to be used for deciding lump sum compensation for permanent impairment

Division 2--System injuries

Part 5--Prescribed disfigurement

Division 1--Preliminary
1. Application of pt 5
2. How to use this part of the table

Division 2--Prescribed disfigurement

Part 6--Psychiatric or psychological injuries
1. Application of pt 6
2. Interaction between this part and the AMA guide
3. Formula to be used for deciding lump sum compensation for permanent impairment
SCHEDULE 2A -- GRADUATED SCALE FOR ADDITIONAL COMPENSATION FOR WORKERS WITH TERMINAL LATENT ONSET INJURIES
1. Graduated scale
2. How to use this graduated scale
SCHEDULE 3 -- GRADUATED SCALE OF ADDITIONAL COMPENSATION FOR CERTAIN WORKERS
1. Graduated scale
2. How to use the graduated scale
SCHEDULE 4 -- GRADUATED SCALE FOR ADDITIONAL COMPENSATION FOR GRATUITOUS CARE
1. Graduated scale
2. How to use this graduated scale
SCHEDULE 5 -- GRADUATED SCALE OF CARE REQUIRED FOR PAYMENT OF CARING ALLOWANCE
1. Graduated scale
2. How to use this graduated scale
SCHEDULE 5A -- HIGH RISK INDUSTRIES
1. Categorisation of industries
SCHEDULE 6 -- LEGAL PROFESSIONAL COSTS
SCHEDULE 7 -- DESIGNATED COURTS AND PROVISIONS THAT ARE A STATE'S LEGISLATION ABOUT DAMAGES FOR WORK RELATED INJURY
Endnotes

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