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WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - As at 1 February 2024 - Act 27 of 2003

- As at 1 February 2024 - Act 27 of 2003

Table of Provisions

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

  • 1 Short title
  • 2 Commencement
  • 3 Act binds all persons
  • 3A Notes in text

PART 2 - OBJECTS

PART 3 - DEFINITIONS

PART 4 - BASIC CONCEPTS

Division 1 - Accident insurance, compensation and damages

Division 2 - Workers

Division 3 - Persons entitled to compensation other than workers

Subdivision 1A - Preliminary
  • 11A Compensation to which this division does not apply
    • Subdivision 1 - Volunteers etc.
  • 12 Entitlements of persons mentioned in sdiv 1
  • 13 Particular persons under Disaster Management Act 2003
  • 14 Rural fire brigade member
  • 15 Volunteer firefighter or volunteer fire warden
  • 16 Local government, statutory or industrial body member
  • 17 Honorary ambulance officers
  • 18 Person in voluntary or honorary position with religious, charitable or benevolent organisation
  • 19 Person in voluntary or honorary position with non-profit organisation
    • Subdivision 2 - Persons performing community service etc.
  • 20 Entitlements of persons mentioned in sdiv 2
  • 21 Persons performing community service or unpaid duties
    • Subdivision 3 - Students
  • 22 Students
    • Subdivision 4 - Eligible persons
  • 23 Meaning of eligible person
  • 24 Eligible person may apply to be insured
  • 25 Entitlements of eligible persons
    • Subdivision 5 - Other persons
  • 26 Other persons

Division 4 - Spouses, members of the family and dependants

  • 27 Meaning of dependant
  • 28 Meaning of member of the family
  • 29 Who is the spouse of a deceased worker

Division 5 - Employers

  • 30 Who is an employer

Division 6 - Injuries, impairment and terminal condition

Subdivision 1 - Event resulting in injury
  • 31 Meaning of event
    • Subdivision 2 - Injury
  • 32 Meaning of injury
    • Subdivision 3 - When injury arises out of, or in the course of, employment
  • 33 Application of sdiv 3
  • 34 Injury while at or after worker attends place of employment
  • 35 Other circumstances
  • 36 Injury that happens during particular journeys
    • Subdivision 3A - When latent onset injuries arise
  • 36A Date of injury
    • Subdivision 3B - Injuries sustained by firefighters
  • 36B Definitions for sdiv 3B
  • 36D Presumption of injury
  • 36E Deciding number of years
    • Subdivision 3BA - PTSD sustained by first responders and other particular persons
  • 36EA Definitions for subdivision
  • 36EB Meaning of first responder
  • 36EC Meaning of eligible employee
  • 36ED Presumption of injury
    • Subdivision 3C - Pneumoconiosis
  • 36F Meaning of pneumoconiosis score
    • Subdivision 4 - Impairment from injury
  • 37 Meaning of impairment
  • 38 Meaning of permanent impairment
    • 39. (Repealed) Subdivision 5 - Terminal condition
  • 39A Meaning of terminal condition

Division 7 - Rehabilitation

  • 40 Meaning of rehabilitation
  • 41 Meaning of rehabilitation and return to work coordinator
  • 42 Meaning of suitable duties
  • 43 Meaning of workplace rehabilitation
  • 44 Meaning of workplace rehabilitation policy and procedures
  • 45 Meaning of accredited workplace

CHAPTER 2 - EMPLOYER’S OBLIGATIONS

PART 1 - EMPLOYER’S LEGAL LIABILITY

  • 46 Employer’s legal liability
  • 47 WorkCover’s liability confined to compensation

PART 2 - EMPLOYER’S INSURANCE REQUIREMENTS

Division 1 - General obligations

  • 48 Employer’s obligation to insure
  • 49 Exemption if employer has other insurance

Division 2 - Contravention of employer’s general obligation and associated provisions

PART 3 - INSURANCE UNDER WORKCOVER POLICIES GENERALLY

Division 1 - Premium setting generally

  • 54 Setting of premium
  • 55 Setting premium on change of ownership of business
  • 56 Reassessment of premium for policy

Division 2 - Assessments on contravention of general obligation to insure

  • 57 Recovery of compensation and unpaid premium
  • 58 Default assessment on reasonable suspicion
  • 59 Further assessment and recovery after payment of default assessment
  • 60 Employer’s separate liabilities for 1 period of default

Division 3 - Additional premiums

  • 61 Additional premium payable if premium not paid
  • 62 Further additional premium payable after appeal to industrial magistrate
  • 63 Additional premium for out-of-State workers
  • 63A Additional premium for ch 6A
  • 63B Additional premium for interns
  • 64 WorkCover may waive or reduce additional premium

Division 4 - Employer’s liability for excess period

  • 65 What is the excess period
  • 66 Employer’s liability for excess period
  • 67 Employer may not insure against payment for the excess period

PART 4 - EMPLOYER’S SELF-INSURANCE

Division 1 - Preliminary

  • 68 What is self-insurance

Division 1A - Local government self-insurers

  • 68A Self-insurance for local governments
  • 68B Entitlements of local government councillors
  • 68C Local government self-insurer’s liability for injury to councillors

Division 2 - Issue and renewal of self-insurer’s licence

  • 69 Who may apply to be a self-insurer
  • 70 How the application is made
  • 71 Issue or renewal of licence to a single employer
  • 72 Issue or renewal of licence to a group employer
  • 73 Calculation of the number of full-time workers
  • 73A Calculation of the number of full-time workers for local government self-insurers
  • 74 Workers employed in Queensland
  • 75 Whether applicant fit and proper
  • 76 Audit of self-insurer
  • 77 Decision on application for the issue of a licence
  • 78 Duration of licence
  • 79 Renewal of licence
  • 80 Refusal of application for renewal of a licence
  • 81 Annual levy payable
  • 82 Additional amount payable if levy not paid
  • 83 Conditions of licence
  • 84 Security
  • 85 Investing cash deposit
  • 86 Reinsurance
  • 87 Self-insurer replaces WorkCover in liability for injury
  • 88 Liability of group employers

Division 3 - Change to membership of self-insurer

  • 89 Change in self-insurer’s membership
  • 90 Consequences of change in self-insurer’s membership
  • 91 Continuation of membership in particular circumstances

Division 4 - Powers, functions and obligations of self-insurers

  • 92 Powers of self-insurers
  • 92A Powers of local government self-insurers
  • 93 Documents that must be kept by self-insurer
  • 93A Documents that must be kept by local government self-insurers
  • 94 Documents must be given to Regulator on request

Division 5 - Cancellation of self-insurer’s licence

  • 95 When licence may be cancelled
  • 96 Procedure for cancellation
  • 97 Self-insurer may ask for cancellation
  • 98 Premium payable after cancellation
  • 99 Transfer to WorkCover after cancellation
  • 100 Certain functions and powers may be held by former self-insurer after cancellation
  • 101 Recovery of ongoing costs from former self-insurer
  • 102 Assessing liability after cancellation
  • 103 Return of section 84 security after cancellation
  • 104 Contingency account

Division 6 - Self-insurers who become non-scheme employers

  • 105 Application of div 6
  • 105A Non-scheme employer must give notice to Regulator
  • 105B Non-scheme employer continues to be self-insurer for 12 months
  • 105C Non-scheme employer continues to have obligation for rehabilitation
  • 105D Regulator may impose conditions on continued licence
  • 105E Cancellation of continued licence
  • 105F Transfer to WorkCover after cancellation
  • 105G Particular functions and powers may be held by non-scheme employer after cancellation
  • 105H Recovery of ongoing costs from non-scheme employer
  • 105I Assessing liability after cancellation
  • 105J Return of section 84 security after cancellation

Division 7 - Member of a group who becomes non-scheme employer

  • 105K Application of div 7
  • 105L Self-insurer must give notice to Regulator
  • 105M Non-scheme member continues as member of self-insurer for 12 months
  • 105N Non-scheme member continues to have obligation for rehabilitation
  • 105O Consequences of member becoming non-scheme member

CHAPTER 3 - COMPENSATION

PART 1 - INTERPRETATION

  • 106 Meaning of normal weekly earnings

PART 1A - ENTITLEMENTS TO COMPENSATION UNDER INDUSTRIAL INSTRUMENTS

  • 107A Definitions for pt 1A
  • 107B Meaning of amount payable under an industrial instrument
  • 107C Meaning of usual employment
  • 107D Entitlements to compensation under industrial instrument generally prohibited and void
  • 107E Regulator may approve amount payable under industrial instrument

PART 2 - COMPENSATION ENTITLEMENTS OF WORKERS GENERALLY

Division 1 - General statement of entitlement

Division 2 - Entitlement according to jurisdiction

  • 113 Employment must be connected with State
  • 114 Recognition of determination of State of connection in another State

Division 3 - Overseas arrangements

  • 115 Overseas arrangements

Division 4 - Relationship of entitlement to other compensation

Division 5 - Compensation and leave entitlements

PART 3 - COMPENSATION ENTITLEMENTS OF PARTICULAR WORKERS

Division 1 - Workers on ships

  • 120 Application of div 1
  • 121 Payment on account of workers on ships

Division 2 - Miners

  • 122 Application of div 2
  • 123 Entitlements of miners

Division 3 - Workers with industrial deafness

  • 124 Application of div 3
  • 125 Entitlements for industrial deafness
  • 126 Further application for compensation for industrial deafness
    • 127. (Repealed) 128. (Repealed)

Division 4 - Workers with latent onset injuries that are terminal conditions

Division 5 - Workers with pneumoconiosis

Note— Subdivision 1 - Entitlement to lump sum compensation

PART 4 - COMPENSATION AFFECTED BY WORKERS’ CONDUCT

  • 129 Self-inflicted injuries
  • 130 Injuries caused by misconduct

PART 5 - COMPENSATION APPLICATION AND OTHER PROCEDURES

  • 131 Time for applying
  • 132 Applying for compensation
  • 132A Applying for assessment of DPI if no application made for compensation
  • 132B Applying for certificate of dependency
  • 133 Employer’s duty to report injury
  • 133A Employer’s duty to tell insurer if worker asks for, or employer makes, a payment
  • 134 Decision about application for compensation
  • 135 Examination by registered person
  • 135A Examination of particular claimants by psychiatrist
  • 136 Worker must notify return to work or engagement in a calling
  • 137 Suspension of compensation during term of imprisonment
  • 138 Compensation not payable during suspension

PART 6 - MAXIMUM STATUTORY COMPENSATION

  • 139 Application of pt 6
  • 140 Maximum entitlement

PART 7 - PAYMENT OF COMPENSATION

PART 8 - COMPENSATION FOR DAY OF INJURY

PART 8A - WHEN ENTITLEMENT TO COMPENSATION STOPS

  • 144A When weekly payments of compensation stop
  • 144B When payment of medical treatment, hospitalisation and expenses stops

PART 9 - WEEKLY PAYMENT OF COMPENSATION

Division 1 - Application

  • 145 Application and object of pt 9

Division 2 - Advances on weekly payments

  • 146 Advances on account

Division 3 - Adjustment of entitlements under pt 9

Division 4 - Entitlement for total incapacity

Subdivision 1 - Application of div 4
  • 149 Entitlement to weekly payments
    • Subdivision 2 - Workers
  • 150 Total incapacity—workers whose employment is governed by an industrial instrument
  • 151 Total incapacity—workers whose employment is not governed by industrial instrument
  • 152 Total incapacity—certain contract workers
  • 153 Total incapacity—casual or part-time workers
  • 154 Total incapacity—workers receiving certain benefits under Commonwealth law
  • 155 Total incapacity—workers with more than 1 employer
    • Subdivision 3 - Persons entitled to compensation other than workers, students and eligible persons
  • 156 Application of sdiv 3
  • 157 Total incapacity
    • Subdivision 4 - Eligible persons
  • 158 Application of sdiv 4
  • 159 Total incapacity
    • Subdivision 5 - Reference to tribunal
  • 160 Total incapacity—reference about impairment to medical assessment tribunal

Division 5 - Entitlement for partial incapacity

Subdivision 1 - Persons entitled to compensation other than eligible persons
  • 161 Application of sdiv 1
  • 162 Definitions for sdiv 1
  • 163 Partial incapacity
    • Subdivision 2 - Eligible persons
  • 164 Application of sdiv 2
  • 165 Definitions for sdiv 2
  • 166 Partial incapacity
    • Subdivision 3 - Requiring information
  • 167 Insurer may require information from partially incapacitated worker or person

Division 6 - Review of compensation

Division 7 - Redemption of weekly payments

  • 171 Redemption—worker receiving weekly payments for at least 2 years
  • 172 Redemption—worker moves interstate
  • 173 Redemption—worker moves abroad
  • 174 Calculation of redemption payment
  • 175 Review of redemption payment
  • 176 No compensation after redemption payment made

Division 8 - (Repealed)

PART 10 - ENTITLEMENT TO COMPENSATION FOR PERMANENT IMPAIRMENT

Division 1 - General statement

  • 178 Entitlement to assessment of permanent impairment and lump sum compensation

Division 1A - Advances on lump sum compensation

  • 178A Advances on account

Division 2 - Assessment of permanent impairment

  • 179 Assessment of permanent impairment
  • 180 Calculation of lump sum compensation
  • 181 Regard to previous entitlement to lump sum compensation for injury other than industrial deafness
  • 182 Regard to previous assessment for industrial deafness
  • 183 Guidelines for assessing a worker’s degree of permanent impairment and deciding DPI

Division 3 - Notification of assessment of permanent impairment

Division 4 - Additional lump sum compensation

Division 5 - Particular workers with pneumoconiosis

Note—

PART 11 - COMPENSATION ON WORKER’S DEATH

  • 194 Application and object of pt 11
  • 195 Definition for pt 11
  • 196 To whom payments made for death of worker
  • 197 Total and partial dependants
  • 198 Dependant’s compensation payable to public trustee
  • 199 Medical and funeral expenses must be paid by insurer
  • 200 Total dependency
  • 201 Partial dependency
  • 201A Worker with non-dependent spouse, issue or next of kin
  • 202 Workers under 21
    • 203. (Repealed)
  • 204 Reduced compensation if dependant dies before payment made

PART 12 - AUTOMATIC VARIATION OF COMPENSATION PAYABLE

  • 205 Variation of payments for injuries
  • 206 Construing entitlements in light of variation
  • 207 Application of part to existing benefits

PART 13 - (Repealed)

CHAPTER 3A - COMPENSATION CLAIM COSTS

CHAPTER 4 - INJURY MANAGEMENT

PART 1 - APPLICATION

  • 208 Application and object of ch 4

PART 2 - LIABILITY FOR MEDICAL TREATMENT, HOSPITALISATION AND EXPENSES

Division 1 - Application and general statement of liability

  • 209 Application of pt 2
  • 210 Insurer’s liability for medical treatment, hospitalisation and expenses

Division 2 - Medical treatment costs

  • 211 Extent of liability for medical treatment
  • 212 Extent of liability for prosthetic expenses
  • 213 Accounts for medical treatment, certificate in approved form
  • 214 Review of costs payable

Division 3 - Hospitalisation

Subdivision 1 - Interpretation
  • 215 Definitions for div 3
    • Subdivision 2 - Private hospitalisation
  • 216 Extent of liability for hospitalisation at private hospital
  • 217 Cost of hospitalisation at private hospital
    • Subdivision 3 - Public hospitalisation
  • 218 Extent of liability for hospitalisation in public hospital
  • 218A Cost of hospitalisation

Division 4 - Travelling expenses

  • 219 Extent of liability for travelling expenses

PART 3 - RESPONSIBILITY FOR REHABILITATION

Division 1 - Insurer’s responsibility for rehabilitation

  • 220 Insurer’s responsibility for rehabilitation and return to work
    • 221. (Repealed)

Division 2 - Insurer’s liability for rehabilitation fees and costs

  • 221A Application of division
  • 222 Liability for rehabilitation fees and costs
  • 223 Extent of liability for rehabilitation fees and costs

Division 3 - Caring allowance

  • 224 Liability for caring allowance
  • 225 Extent of liability for caring allowance

PART 4 - EMPLOYER’S OBLIGATION FOR REHABILITATION

  • 226 Employer’s obligation to appoint rehabilitation and return to work coordinator
  • 227 Employer’s obligation to have workplace rehabilitation policy and procedures
  • 228 Employer’s obligation to assist or provide rehabilitation
  • 229 Employer’s failure in relation to rehabilitation

PART 5 - WORKER’S MITIGATION AND REHABILITATION OBLIGATIONS

PART 5A - SUPPORT FOR WORKERS WITH PSYCHIATRIC OR PSYCHOLOGICAL INJURIES

  • 232AA Application of part
  • 232AB Insurer’s responsibility for providing support to worker

PART 6 - PROTECTION FOR INJURED WORKERS

CHAPTER 4A - SERIOUS PERSONAL INJURIES

PART 1 - PRELIMINARY

  • 232H Application and object of chapter
  • 232I Definitions for chapter
  • 232J Meaning of treatment, care and support needs
  • 232K Meaning of excluded treatment, care or support

PART 2 - LIABILITY FOR TREATMENT, CARE AND SUPPORT PAYMENTS

  • 232L Insurer’s liability for treatment, care and support payments
  • 232M Assessment of entitlement for treatment, care and support payments

PART 3 - ASSESSING NEEDS AND PAYMENT OPTIONS

Division 1 - Assessing needs

  • 232N Deciding necessary and reasonable treatment, care and support needs
  • 232O Assessing needs and preparing support plan
  • 232P Deciding service requests

Division 2 - Payments

  • 232Q Payment options
  • 232R Deciding payment requests

PART 4 - REVIEW OF WORKER’S ENTITLEMENT

  • 232S Review if worker entitled only for interim period

PART 5 - RELATIONSHIP WITH TREATMENT, CARE AND SUPPORT DAMAGES

Division 1 - Preliminary

Division 2 - Election to seek treatment, care and support damages

  • 232V Worker must make election
  • 232W When election of no effect
  • 232X Court sanction for election by worker under legal disability
  • 232Y Court order preventing election to seek treatment, care and support damages

Division 3 - Worker’s entitlement to treatment, care and support payments

  • 232Z Worker does not elect to seek treatment, care and support damages
  • 232ZA Worker entitled for interim period elects to seek treatment, care and support damages
  • 232ZB Worker entitled for life elects to seek treatment, care and support damages—damages not awarded or not accepted
  • 232ZC Worker entitled for life elects to seek treatment, care and support damages—damages awarded and accepted
  • 232ZD Additional payments if treatment, care and support damages insufficient

PART 6 - RECIPIENT ABSENT FROM AUSTRALIA

  • 232ZE Application of part
  • 232ZF Worker must notify insurer of absence
  • 232ZG Reviewing support plan or service request approval
  • 232ZH Suspending entitlement

PART 7 - OTHER PROVISION

  • 232ZI Engagement of NIIS (Qld) agency to perform functions and exercise powers

CHAPTER 5 - ACCESS TO DAMAGES

PART 1 - INTERPRETATION AND APPLICATION

PART 2 - ENTITLEMENT CONDITIONS

Division 1 - Limitations on persons entitled to seek damages

Division 2 - Consequences, to costs, of seeking damages

Division 3 - Urgent proceedings

  • 241 Application of div 3
  • 242 Need for urgent proceedings
    • 243. (Repealed) 244. (Repealed) 245. (Repealed) 246. (Repealed) 247. (Repealed) 248. (Repealed) 249. (Repealed) 250. (Repealed) 251. (Repealed) 252. (Repealed)

Division 4 - Review of worker’s decision to accept payment of lump sum compensation for injury—DPI of less than 20%

  • 265 Application of div 4
  • 266 Decision not to seek damages reviewable in certain circumstances

Division 5 - (Repealed)

Division 6 - (Repealed)

Division 7 - (Repealed)

Division 8 - (Repealed)

PART 3 - MITIGATION OF LOSS AND REHABILITATION

  • 267 Mitigation of loss
  • 268 Provision of rehabilitation
  • 269 Costs of rehabilitation

PART 4 - REDUCTION OF RECOVERABLE DAMAGES

PART 5 - PRE-COURT PROCEDURES

  • 273 Object of pt 5
  • 274 Overriding obligations of parties
  • 275 Notice of claim for damages
  • 276 Noncompliance with s 275 and urgent proceedings
  • 277 Claimant to tell insurer of change to information in notice of claim
  • 278 Response to notice of claim
  • 278A Insurer may add other person as contributor
  • 278B Contributor’s response
  • 279 Parties to cooperate
  • 280 Employer to cooperate with WorkCover
  • 281 Parties to attempt to resolve claim
  • 282 Worker to undergo medical examination
  • 283 Joint expert reports
  • 284 Nondisclosure of certain material
  • 285 Consequence of failure to give information
  • 286 Privilege and duties
  • 287 Court’s power to enforce compliance with chapter

PART 6 - SETTLEMENT OF CLAIMS

Division 1 - Compulsory conference

  • 288 Application of div 1
  • 289 Compulsory conference
  • 290 Procedure at conference
  • 290A Exchange of material for compulsory conference
  • 291 Information to be given by party’s lawyer before other type of settlement attempted
  • 292 Parties to make written final offers if claim not settled at compulsory conference
    • 292A. (Repealed)

Division 2 - Settlement before court proceedings

PART 7 - START OF COURT PROCEEDINGS

Division 1 - When claimant can start court proceedings

  • 294 Application of div 1
  • 295 Compliance necessary before starting proceeding
  • 296 Claimant to have given complying notice of claim or insurer to have waived compliance
  • 297 Court to have made declaration about noncompliance
  • 298 Court to have given leave despite noncompliance
  • 299 Other provision for urgent proceedings

Division 2 - Court proceedings

  • 300 Carriage of proceedings
  • 301 Exclusion of jury trial
  • 302 Alteration of period of limitation
  • 303 Court may have regard to claimant’s noncompliance with s 275 in relation to costs and interest
  • 304 Court may have regard to compulsory conference

PART 8 - CIVIL LIABILITY

Division 1 - Interpretation

Division 2 - General standard of care

  • 305B General principles
  • 305C Other principles

Division 3 - Causation

  • 305D General principles
  • 305E Onus of proof

Division 4 - Contributory negligence

  • 305F Standard of care in relation to contributory negligence
  • 305G Contributory negligence can defeat claim
  • 305H Contributory negligence
  • 305I Meaning of obvious risk for s 305H
  • 305J Presumption of contributory negligence if person who suffers injury is intoxicated
  • 305K Application of contributory negligence for particular injuries

PART 9 - ASSESSMENT OF DAMAGES

Division 1 - Interpretation

Division 2 - Exemplary damages

Division 3 - Assessment of damages

Subdivision 1 - No right to damages for particular services

Division 4 - Structured settlements

  • 306Q Definition for div 4
  • 306R Court required to inform parties of proposed award
  • 306S Court may make consent order for structured settlement
  • 306T Obligation of legal practitioners to provide advice
  • 306U Offer of structured settlement—legal costs

Division 5 - (Repealed)

PART 12 - COSTS

Division 1 - Costs applying to worker with DPI of 20% or more, worker with terminal condition, or dependant

  • 310 Application of div 1
  • 311 Principles about orders as to costs
  • 312 Costs if written final offer by claimant
  • 313 Costs if written final offer by insurer
  • 314 Interest after service of written final offer

Division 2 - Costs applying to worker who does not have a terminal condition and has DPI of less than 20%

  • 315 Application of div 2
  • 316 Principles about orders as to costs

Division 2A - Costs when offers made for a contribution claim

  • 316A Principles about order as to costs

Division 3 - Costs generally

317. (Repealed)
  • 318 Costs if proceeding could have been brought in a lower court
  • 318A General application of costs provisions in part
  • 318B Court may make an alternative order in particular circumstances
  • 318C Costs order under div 2 for an interlocutory application
  • 318D Order for costs if more than 1 person liable for the same costs
  • 318E Order for costs if an entity was not a party at the compulsory conference

PART 13 - EXCESS DAMAGES AWARDED IN ANOTHER JURISDICTION

PART 14 - EXPRESSIONS OF REGRET AND APOLOGIES

Division 1 - Expressions of regret

  • 320A Application of division
  • 320B Purpose of division
  • 320C Meaning of expression of regret
  • 320D Expressions of regret are inadmissible

Division 2 - Apologies

  • 320E Application of division
  • 320F Purpose of division
  • 320G Meaning of apology
  • 320H Effect of apology on liability

CHAPTER 6 - CHOICE OF LAW FOR DAMAGES

PART 1 - APPLICATION OF CHAPTER 6

  • 321 Claims to which chapter applies

PART 2 - INTERPRETATION

  • 322 Meaning of substantive law
  • 323 What constitutes injury and employment and who is employer

PART 3 - SUBSTANTIVE LAW THAT GOVERNS CLAIM

  • 324 The applicable substantive law for work injury claims
  • 325 Availability of action in another State not relevant

CHAPTER 6A - MEDICAL EXAMINATIONS FOR FORMER COAL WORKERS

  • 325A Application of chapter
  • 325B Applications for lung disease examinations
  • 325C Deciding examination applications
  • 325D Insurer must arrange and pay for lung disease examinations

CHAPTER 6B - CLAIM REFERRALS AND REQUIREMENTS FOR LAW PRACTICE CERTIFICATES

PART 1 - PRELIMINARY

PART 2 - WHEN LAW PRACTICE CERTIFICATE MUST BE GIVEN

  • 325G Application of part to potential claimants
  • 325H Law practice retained by claimant before notice of claim for damages or urgent proceeding
  • 325I Law practice retained by claimant after notice of claim for damages given or urgent proceeding started
  • 325J When law practice certificate must be given to insurer for claim for compensation
  • 325K Duty to give law practice certificate if claimant’s notice of claim does not comply with s 275
  • 325L Supervising principal must complete law practice certificate on finalisation of claim for damages
  • 325M Law practice referral through sale of business

PART 3 - OTHER REQUIREMENTS RELATING TO LAW PRACTICE CERTIFICATES

  • 325N Supervising principal can not complete law practice certificate or notice
  • 325O Law practice certificate not given
  • 325P False or misleading law practice certificate

PART 4 - REFERRALS OF CLAIMS AND CONTACT TO SOLICIT OR INDUCE CLAIMS

  • 325Q Meaning of claim referral
  • 325R Giving or receiving consideration for claim referrals
  • 325S Meaning of consideration for s 325R
  • 325T Approach or contact for the purpose of making a claim
  • 325U Responsibility for acts or omissions of representative
  • 325V Additional consequences for law practice
  • 325W Injunction to prevent or restrain a contravention of s 325R or 325T
  • 325X Extraterritorial application of part

PART 5 - REQUIREMENT TO REPORT NON-COMPLIANCE WITH CHAPTER

  • 325Y Insurer’s duty to report non-compliance

CHAPTER 7 - THE WORKERS’ COMPENSATION REGULATOR

PART 1 - OFFICE AND APPOINTMENT

  • 326 Establishment of office and appointment of Regulator

PART 2 - FUNCTIONS AND POWERS

  • 327 Functions of the Regulator
  • 328 Powers of the Regulator
  • 329 Delegation by the Regulator

PART 3 - AUTHORISED PERSONS

Division 1 - Appointment of authorised persons

  • 330 Appointment of authorised persons
  • 331 Accountability of authorised persons
  • 332 Suspension and ending of appointment of authorised persons

Division 2 - Identity cards

  • 333 Identity cards
  • 334 Production or display of identity card
  • 335 Return of identity card

Division 3 - Functions of authorised persons etc.

  • 336 Functions of authorised persons
  • 337 Conditions on authorised persons’ compliance powers
  • 338 Authorised persons subject to Regulator’s directions
  • 339 Protection from liability

PART 4 - (Repealed)

PART 5 - (Repealed)

PART 6 - (Repealed)

PART 7 - (Repealed)

PART 8 - (Repealed)

PART 9 - (Repealed)

CHAPTER 8 - WORKCOVER QUEENSLAND

PART 1 - ESTABLISHMENT

  • 380 WorkCover is established
  • 381 WorkCover is a body corporate etc.
  • 382 Relationship with State

PART 2 - FUNCTIONS AND POWERS

Division 1 - Functions and insurance business

  • 383 General statement of WorkCover’s functions
  • 384 WorkCover’s insurance business
  • 385 WorkCover as the exclusive provider of accident insurance
  • 385A WorkCover may fund and provide programs and incentives
  • 386 WorkCover’s offices

Division 2 - Powers generally

  • 387 Objects of div 2
  • 388 WorkCover’s general powers
  • 389 General restriction on WorkCover’s powers
  • 390 Disposal of main undertakings
  • 391 Acquiring and disposing of subsidiaries
  • 392 Protection of persons who deal with WorkCover
  • 393 Reserve power of Minister to direct that asset not be disposed of

PART 3 - OBLIGATIONS

Division 1 - Corporate plan

  • 394 WorkCover must have corporate plan
  • 395 Guidelines in relation to corporate plans
  • 396 Draft corporate plan
  • 397 Special procedures for draft corporate plan
  • 398 Corporate plan on agreement
  • 399 Corporate plan pending agreement
  • 400 Changes to corporate plan

Division 2 - Statement of corporate intent

  • 401 WorkCover must have statement of corporate intent
  • 402 Statement of corporate intent must be consistent with corporate plan
  • 403 Matters to be included in statement of corporate intent
  • 404 Additional matters to be included in statement of corporate intent
  • 405 Draft statement of corporate intent
  • 406 Special procedures for draft statement of corporate intent
  • 407 Statement of corporate intent on agreement
  • 408 Changes to statement of corporate intent

Division 3 - Community service obligations

  • 409 Meaning of community service obligations
  • 410 Community service obligations to be specified in statement of corporate intent

Division 4 - Reports and other accountability matters

  • 411 Quarterly reports
  • 412 Matters to be included in annual report
  • 413 Deletion of commercially sensitive matters from annual report etc.
  • 414 Board to keep Minister informed

Division 5 - Duties and liabilities of directors and other officers of WorkCover

  • 415 Disclosure of interests by director
  • 416 Voting by interested director
  • 417 Duty and liability of certain officers of WorkCover
  • 418 Prohibition on loans to directors
  • 419 WorkCover not to indemnify WorkCover officers
  • 420 WorkCover not to pay premiums for certain liabilities of WorkCover officers
  • 421 Examination of persons concerned with WorkCover
  • 422 Power to grant relief
  • 423 False or misleading information or documents

PART 4 - BOARD OF DIRECTORS

Division 1 - Establishment of WorkCover’s board

  • 424 Establishment of board
  • 425 Appointment of chairperson and deputy chairperson
  • 426 Regard to particular ability in appointment of directors
  • 427 Role of board
  • 428 Delegation by board

Division 2 - Meetings and other business of board

  • 429 Meaning of required minimum number of directors
  • 430 Conduct of meetings and other business
  • 431 Times and places of meetings
  • 432 Presiding at meetings
  • 433 Quorum and voting at meetings
  • 434 Participation in meetings
  • 435 Resolutions without meetings
  • 436 Minutes

Division 3 - Other provisions about directors

  • 437 Term of appointment of directors
  • 438 Terms of appointment not provided for under Act
  • 439 Appointment of acting director
  • 440 Resignation
  • 441 Termination of appointment as director

PART 5 - THE CHIEF EXECUTIVE OFFICER

  • 442 WorkCover’s chief executive officer
  • 443 Duties of chief executive officer
  • 444 Things done by chief executive officer
  • 445 Delegation by chief executive officer
  • 446 Additional provisions relating to chief executive officer

PART 6 - OTHER EMPLOYMENT PROVISIONS

  • 447 Appointment of senior executives
  • 448 WorkCover may enter into work performance arrangements
  • 449 Superannuation schemes
    • 450. (Repealed)
  • 451 Employment and industrial relations plan
  • 452 Application of equity, diversity, respect and inclusion provisions under Public Sector Act 2022

PART 7 - FINANCIAL PROVISIONS

  • 453 WorkCover’s capital adequacy
  • 454 Application of financial legislation
  • 455 Liability for State taxes
  • 456 Liability for Commonwealth tax equivalents
  • 457 Funds and accounts
  • 458 Reserves
  • 459 Procedures for borrowing
  • 460 Payment to consolidated fund
  • 461 Additional financial reporting requirements

PART 8 - AUTHORISED PERSONS

Division 1 - General

  • 462 Function of authorised person
  • 463 Authorised person subject to WorkCover’s directions
  • 464 Powers of authorised persons
  • 465 Limitation on powers of authorised person

Division 2 - Appointment of authorised persons and other matters

  • 466 Appointment of authorised persons
  • 467 Authorised person’s appointment conditions
  • 468 Authorised person’s identity card
  • 469 Display of authorised person’s identity card
  • 470 Protection from liability

PART 9 - OTHER PROVISIONS ABOUT WORKCOVER

  • 471 WorkCover’s seal
  • 472 Authentication of documents
  • 473 Judicial notice of certain signatures
  • 474 Giving of documents to board
  • 475 Application of various other Acts

CHAPTER 8A - WORKCOVER EMPLOYING OFFICE

PART 1 - ESTABLISHMENT AND FUNCTIONS OF EMPLOYING OFFICE

  • 475A Establishment of employing office
  • 475B Employing office represents the State
  • 475C Functions of employing office

PART 2 - EXECUTIVE OFFICER

  • 475D Appointment of executive officer
  • 475E Executive officer acting for employing office

PART 3 - STAFF OF EMPLOYING OFFICE

  • 475F Employing office may employ staff
  • 475G Employing office may enter into work performance arrangements

PART 4 - OTHER PROVISIONS

  • 475H Employing office is statutory body

CHAPTER 9 - THE MINISTER

PART 1 - THE MINISTER AND WORKCOVER

476. (Repealed) 477. (Repealed) 478. (Repealed) 479. (Repealed)
  • 480 Reserve power of Minister to notify board of public sector policies
  • 481 Reserve power of Minister to give directions in public interest
  • 481A Amounts payable by WorkCover on Minister’s instruction
  • 482 Additional power to direct WorkCover
  • 483 Notice of suspected threat to full funding because of direction or notification
  • 484 WorkCover and WorkCover’s board not otherwise subject to government direction
  • 485 Minister not director etc.
  • 486 Monitoring and assessment of WorkCover

PART 2 - THE MINISTER AND CODES OF PRACTICE

  • 486A Code of practice
  • 486B Effect of code of practice

CHAPTER 10 - WORKERS’ COMPENSATION ADVISORY COMMITTEES

  • 487 Establishment of committees
  • 488 Membership of committee
  • 489 Role of committee

CHAPTER 11 - MEDICAL ASSESSMENT TRIBUNALS

PART 1 - PRELIMINARY

  • 490 Object of ch 11
  • 490A Application of ch 11
  • 491 Interpretation

PART 2 - TRIBUNALS

  • 492 Medical assessment tribunals to be maintained
  • 493 Panels for tribunals
  • 494 Composition and constitution of tribunals
  • 495 Conditions of appointment to tribunal
  • 496 Proceedings of tribunals
    • 497. (Repealed)

PART 3 - JURISDICTION OF TRIBUNALS

  • 499 Definitions for pt 3
  • 500 Reference to tribunals
  • 500A How to make a reference
  • 501 Reference about application for compensation
  • 502 Reference about worker’s capacity for work
    • 503. (Repealed)
  • 504 Reference about worker’s permanent impairment
  • 505 Reference about worker’s permanent impairment
  • 506 Reference about worker’s level of dependency
  • 506A Reference about whether serious personal injury meets chapter 4A eligibility criteria
  • 506B Reference about whether serious personal injury will continue to meet chapter 4A eligibility criteria after interim period ends
  • 506C Reference about whether particular treatment, care or support need is necessary and reasonable
  • 507 Reference about review of worker’s permanent impairment
    • 508. (Repealed)
  • 508A Reference for former Act
  • 509 Limitation of tribunals’ jurisdiction
  • 510 Power of tribunal to examine worker

PART 4 - PROCEEDINGS FOR EXERCISE OF TRIBUNALS’ JURISDICTION

  • 510A Definitions for pt 4
  • 510B Tribunal may require insurer to give further information
  • 510C Exchange of relevant documents before tribunal
  • 511 Right to appear and be heard before tribunal
  • 511A New medical information
  • 511B Record keeping by tribunal
  • 512 Further reference on fresh evidence
  • 513 Deferral of decisions
  • 514 Tribunal may refer non-medical matters back to insurer
  • 515 Finality of tribunal’s decision
  • 516 Decisions of tribunal
  • 517 Protection from liability

CHAPTER 12 - ENFORCEMENT

PART 1 - AUTHORISED PERSONS AND ENFORCEMENT

Division 1 - Power to enter

Subdivision 1 - General powers of entry
  • 518 Powers of entry
  • 519 Notification of entry
  • 520 Persons assisting authorised persons
    • Subdivision 2 - Search warrants
  • 521 Search warrants
  • 522 Electronic application
  • 523 Entry procedure
  • 524 Copy of search warrant to be given to person with management or control of place
    • Subdivision 3 - Limitation on entry powers
  • 525 Places used for residential purposes

Division 2 - Specific powers after entry

Subdivision 1 - General
  • 526 General powers
  • 527 Power to require reasonable help
  • 528 Offence to contravene help requirement
    • Subdivision 2 - Seizure
  • 529 Power to seize evidence etc.
  • 530 Receipt for seized things
  • 531 Access to seized thing
  • 532 Return of seized thing

Division 3 - Other powers of authorised person etc.

  • 532A Power to require name and address
  • 532B Offence to contravene personal details requirement
  • 532C Power to require information or documents from particular persons
  • 532D Keeping and inspection of particular documents

Division 4 - Damage and compensation

Division 5 - Offences in relation to authorised persons

  • 532H Offence to hinder or obstruct authorised person
  • 532I Impersonating an authorised person
  • 532J Giving authorised person false or misleading information

Division 6 - Recovery of costs

  • 532K Costs of investigation

PART 1A - SPECIAL INVESTIGATIONS

  • 532L Definitions for part
  • 532M Reference to document includes reference to reproductions from electronic document
  • 532N Appointment of investigator
  • 532O Delegation of powers by investigator
  • 532P Investigation of related body corporate
  • 532Q Powers of investigators
  • 532R Documents produced to investigator
  • 532S Examination of investigated person or associated person
  • 532T Self-incrimination and legal professional privilege
  • 532U Failure of person to comply with requirement of investigator
  • 532V Recording of examination
  • 532W Report of investigator
  • 532X Documents taken during investigation
  • 532Y Costs of investigation
  • 532Z Other offences about investigations
  • 532ZA Evidential immunity for individuals complying with particular requirements
  • 532ZB Extraterritorial application of part
  • 532ZC Confidentiality of information

PART 2 - FRAUD AND FALSE AND MISLEADING STATEMENTS

  • 533 Offences involving fraud
  • 534 False or misleading information or documents
  • 535 Particular acts taken to be fraud
  • 536 Duty to report fraud or false or misleading information or documents
  • 537 Fraud and related offences end entitlement to compensation and damages

CHAPTER 13 - REVIEWS AND APPEALS

PART 1 - INTERNAL REVIEW OF PROPOSED DECISIONS

  • 538 Internal review by insurer

PART 2 - REGULATOR’S REVIEW OF DECISIONS

  • 539 Object of pt 2
  • 540 Application of pt 2
  • 541 Who may apply for review
  • 542 Applying for review
  • 543 Right of appearance
  • 544 Decision-maker must give information to Regulator
  • 545 Review of decision or failure to make a decision
  • 546 Notice of review decision
  • 546A Matter returned to decision-maker
  • 547 Reimbursement of costs of examination and report

PART 3 - APPEALS

Division 1 - Appeal to industrial magistrate or industrial commission

Division 1A - Appeal to industrial court

  • 560A Application of div 1A
  • 561 Appeal to industrial court
  • 562 Powers of industrial court
  • 563 Costs of appeal to industrial court
  • 564 Recovery of costs

Division 1B - Provisions about particular appealed decisions under divs 1 and 1A

Division 2 - Appeal to court of competent jurisdiction

  • 567 Application of div 2
  • 568 Who may appeal
  • 569 Starting appeals
  • 570 Powers of court on appeal
  • 571 Effect of decision of court on appeal

CHAPTER 14 - MISCELLANEOUS

PART 1 - ACCESS TO DOCUMENTS AND INFORMATION

Division 1 - Information and documents about pre-existing injuries and medical conditions of prospective worker

  • 571A Definitions for div 1
  • 571B Obligation to disclose pre-existing injury or medical condition
  • 571C False or misleading disclosure
    • 571D. (Repealed)

Division 2 - Other documents and information

  • 572 Claimant or worker entitled to obtain certain documents
  • 572A Access to particular documents for employment purposes prohibited
  • 573 Permissible disclosure of information
  • 573A Disclosure of information for administering claim farming provisions
  • 574 Information from commissioner of police service
  • 575 Information use immunity
  • 576 Information not actionable

PART 1A - INFORMATION PROVISIONS FOR BUILDING AND CONSTRUCTION INDUSTRY

  • 576A Definitions for pt 1A
  • 576B Who is the principal contractor for a construction project
  • 576C Principal contractor may require relevant contractor to give document confirming insurance status
  • 576D Injury data for construction projects
  • 576E Restriction on disclosure by principal contractor of information obtained under this part

PART 2 - AUDITS

  • 577 Audit of wages and contracts

PART 3 - PROCEEDINGS

  • 578 Proceedings for offences against ch 8
  • 579 Summary proceedings for offences other than against ch 8
  • 580 Recovery of debts under this Act
  • 581 Self-insurer recovery of debts
  • 582 Powers of industrial magistrate
  • 583 Evidence

PART 4 - REGULATIONS

  • 584 Regulation-making power

PART 5 - OTHER PROVISIONS

CHAPTER 15 - TRANSITIONAL PROVISIONS FOR ACT NO. 27 OF 2003

PART 1 - INTERPRETATION

PART 2 - LEGAL SUCCESSION

  • 591 Continuation of WorkCover Queensland
  • 592 Authority is legal successor of Q-COMP

PART 3 - TRANSFER TO THE AUTHORITY

  • 593 Transfer of general manager of Q-COMP
  • 594 Transfer of staff of Q-COMP to Authority
  • 595 Preserved employment conditions
  • 596 Transferred persons’ superannuation on becoming public service officers

PART 4 - INSURANCE

  • 597 Merit bonuses and demerit charges
  • 598 Other contracts of insurance
  • 599 Previous non-policy compensation arrangement with State

PART 5 - SELF-INSURANCE

PART 6 - INJURIES

PART 7 - INJURY MANAGEMENT

  • 605 Rehabilitation coordinators
  • 606 Workplace rehabilitation policy and procedures

PART 8 - MEDICAL ASSESSMENT TRIBUNALS

  • 607 Continuation of tribunals

PART 9 - OFFENCES

PART 10 - REVIEWS AND APPEALS

  • 609 Decisions by WorkCover or self-insurer

PART 11 - MISCELLANEOUS

  • 610 Claim for loss of consortium
  • 611 Spouse of worker dying before 1 April 2004

CHAPTER 16 - TRANSITIONAL PROVISIONS FOR WORKERS’ COMPENSATION AND REHABILITATION AND OTHER ACTS AMENDMENT ACT 2004

CHAPTER 17 - TRANSITIONAL PROVISION FOR INDUSTRIAL RELATIONS AND OTHER ACTS AMENDMENT ACT 2005

CHAPTER 18 - TRANSITIONAL PROVISIONS FOR WORKERS’ COMPENSATION AND REHABILITATION AND OTHER ACTS AMENDMENT ACT 2005

CHAPTER 19 - TRANSITIONAL PROVISIONS FOR WORKERS’ COMPENSATION AND REHABILITATION AMENDMENT ACT 2006

  • 638 Definitions for ch 19
  • 639 Meaning of reference
  • 640 Reference to tribunal before commencement—worker scheduled to attend after commencement
  • 641 Reference to tribunal before commencement—worker not yet scheduled to attend after commencement
  • 642 Reference to tribunal after commencement
  • 643 Existing decisions of tribunals

CHAPTER 20 - TRANSITIONAL PROVISIONS FOR STATUTORY BODIES LEGISLATION AMENDMENT ACT 2007

  • 644 Rights and entitlements of particular employees
  • 645 Application of industrial instruments
  • 646 Amending Act does not affect particular powers of WorkCover
  • 647 Continued application of repealed s 448

CHAPTER 21 - TRANSITIONAL PROVISIONS FOR WORKERS’ COMPENSATION AND REHABILITATION AND OTHER ACTS AMENDMENT ACT 2007

CHAPTER 22 - TRANSITIONAL PROVISION FOR CRIMINAL CODE AND OTHER ACTS AMENDMENT ACT 2008

  • 655 References in s 537 to Criminal Code offences

CHAPTER 23 - TRANSITIONAL PROVISION FOR TRANSPORT AND OTHER LEGISLATION AMENDMENT ACT 2008, PART 12, DIVISION 5

  • 656 Validation of particular applications made by phone

CHAPTER 24 - TRANSITIONAL AND DECLARATORY PROVISIONS FOR WORKPLACE HEALTH AND SAFETY AND OTHER LEGISLATION AMENDMENT ACT 2008

  • 657 Worker with terminal condition—application for compensation lodged on or after 28 October 2008
  • 658 Worker with terminal condition—application for compensation lodged before 28 October 2008
    • 659. (Repealed)

CHAPTER 25 - TRANSITIONAL PROVISIONS FOR ELECTRICAL SAFETY AND OTHER LEGISLATION AMENDMENT ACT 2009

  • 660 Definition for ch 25
  • 661 Matters published in industrial gazette
    • 662. (Repealed)

CHAPTER 26 - TRANSITIONAL PROVISIONS FOR THE WORKERS’ COMPENSATION AND REHABILITATION AND OTHER LEGISLATION AMENDMENT ACT 2010

  • 663 Definitions for ch 26
  • 664 Existing excess period insurance protected
  • 665 Reinsurance
  • 666 Compensation on death of worker under 21
  • 667 Responsibility for worker’s rehabilitation
  • 668 Provisions about conferences, offers and costs
  • 669 Provisions about, civil liability and assessment of damages
    • 670. (Repealed)

CHAPTER 27 - TRANSITIONAL PROVISION FOR CIVIL AND CRIMINAL JURISDICTION REFORM AND MODERNISATION AMENDMENT ACT 2010

  • 671 Appeals commenced before amendment of s 548A

CHAPTER 28 - TRANSITIONAL PROVISIONS FOR ELECTRICAL SAFETY AND OTHER LEGISLATION AMENDMENT ACT 2011

  • 672 Provision for QWAs
  • 673 Appeal of decision under s 561

CHAPTER 29 - TRANSITIONAL PROVISION FOR INDUSTRIAL RELATIONS (TRANSPARENCY AND ACCOUNTABILITY OF INDUSTRIAL ORGANISATIONS) AND OTHER ACTS AMENDMENT ACT 2013

CHAPTER 30 - TRANSITIONAL PROVISIONS FOR CRIMINAL LAW AND OTHER LEGISLATION AMENDMENT ACT 2013

  • 675 Definition for ch 30
  • 676 Application of s 71 to current applications by single employers
  • 677 Application of s 72 to current applications by group employers

CHAPTER 31 - TRANSITIONAL PROVISIONS FOR THE WORKERS’ COMPENSATION AND REHABILITATION AND OTHER LEGISLATION AMENDMENT ACT 2013

PART 1 - AMENDMENTS COMMENCING ON INTRODUCTION OF BILL

  • 678 Injuries sustained before commencement

PART 2 - AMENDMENTS COMMENCING ON ASSENT

Division 1 - Preliminary

Division 2 - Existing injuries

  • 680 Injuries sustained before commencement

Division 3 - Abolition of former Authority and transfer of assets etc.

  • 681 Abolition of former Authority etc.
  • 682 Employees of former Authority to be employed by department
  • 683 Continuation of former board until 30 June 2014 for particular purposes
  • 684 State is legal successor
  • 685 Assets and liabilities etc. of former Authority
  • 686 Proceeding not yet started against former entity
  • 687 Proceeding to which former entity was a party
  • 688 Records of former entity
  • 689 References to former entity
  • 690 Offences relating to former entity
  • 691 Existing applications and requests made to former entity
  • 692 Table of costs
  • 693 Cost of hospitalisation
  • 694 Directions of Minister
  • 695 Monitoring and assessment of former Authority
  • 696 Other things done or started by the former entity
  • 697 Other things required to be done by or in relation to the former entity
  • 698 Evidentiary provisions

Division 4 - Other provisions

  • 699 Insurer’s responsibility for worker’s rehabilitation
  • 700 Disclosing pre-existing injury
  • 701 Authorised persons
  • 702 Requirement of authorised person under previous s 519
  • 703 Requirement of authorised person under previous s 520
  • 704 Existing warrants
  • 705 Dealing with seized property
  • 706 Protection from liability

CHAPTER 32 - TRANSITIONAL PROVISIONS FOR WORKERS’ COMPENSATION AND REHABILITATION AND OTHER LEGISLATION AMENDMENT ACT 2015

PART 1 - PRELIMINARY

PART 2 - AMENDMENTS COMMENCING ON 31 JANUARY 2015

PART 3 - AMENDMENTS COMMENCING ON INTRODUCTION

  • 712 Firefighter diagnosed with specified disease before commencement
  • 713 Particular WorkCover contracts covering volunteers

PART 4 - AMENDMENTS COMMENCING ON ASSENT

  • 714 Review or appeal of existing decisions
  • 715 Existing applications under former s 571D
  • 716 Saving of former s 571D(3)

PART 5 - AMENDMENTS COMMENCING BY PROCLAMATION

CHAPTER 33 - TRANSITIONAL PROVISIONS FOR WORKERS’ COMPENSATION AND REHABILITATION (NATIONAL INJURY INSURANCE SCHEME) AMENDMENT ACT 2016

CHAPTER 34 - TRANSITIONAL PROVISIONS FOR WORKERS’ COMPENSATION AND REHABILITATION (COAL WORKERS’ PNEUMOCONIOSIS) AND OTHER LEGISLATION AMENDMENT ACT 2017

  • 727 Application of ch 3, pt 3, div 5
  • 728 Application of ch 3, pt 10, div 5
  • 729 Working out worker’s pneumoconiosis score before commencement

CHAPTER 35 - TRANSITIONAL PROVISIONS FOR WORKERS’ COMPENSATION AND REHABILITATION AND OTHER LEGISLATION AMENDMENT ACT 2019

  • 730 Definitions for chapter
  • 731 Requirement for employment to be significant contributing factor to psychiatric or psychological disorder
  • 732 Requirement for certification of terminal condition
  • 733 Expression of percentage difference in QOTE for financial year rounded to nearest second decimal place
  • 734 Payment of compensation by employer who is self-insurer
  • 735 Discretion of insurer to waive time limit for applying for compensation
  • 736 Report of injury by employer who is self-insurer
  • 737 Obligation of employer who is self-insurer to report payment to insurer
  • 738 Insurer’s obligation to refer worker who has stopped receiving compensation to return to work program
  • 739 Employer’s obligation to give insurer details of rehabilitation and return to work coordinator appointed before commencement
  • 740 Insurer’s obligation to provide support for worker with psychiatric or psychological injury
  • 741 Expressions of regret and apologies made before commencement

CHAPTER 36 - TRANSITIONAL PROVISION FOR WORKERS’ COMPENSATION AND REHABILITATION AND OTHER LEGISLATION AMENDMENT ACT 2021

  • 742 Application of ch 1, pt 4, div 6, sdiv 3BA and s 135A

CHAPTER 37 - TRANSITIONAL PROVISIONS FOR PERSONAL INJURIES PROCEEDINGS AND OTHER LEGISLATION AMENDMENT ACT 2022

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