WORKERS' COMPENSATION AND REHABILITATION ACT 2003

Queensland Consolidated Acts

[Index] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

WORKERS' COMPENSATION AND REHABILITATION ACT 2003

TABLE OF PROVISIONS

Long Title

Contents

CHAPTER 1--PRELIMINARY

Part 1--Introduction

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

Part 2--Objects

4. Objects of Act
5. Workers' compensation scheme
6. Administration

Part 3--Definitions

7. Definitions

Part 4--Basic concepts

Division 1--Accident insurance, compensation and damages

8. Meaning of accident insurance
9. Meaning of compensation
10. Meaning of damages

Division 2--Workers

11. Who is a worker

Division 3--Persons entitled to compensation other than workers
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 fire fighter 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 4--Impairment from injury
37. Meaning of impairment
38. Meaning of permanent impairment
39. Meaning of work related impairment
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

50. When an employer contravenes the general obligation to insure
51. Offence of contravening general obligation to insure
52. Offence to charge worker for compensation or damages for injury
53. Recovery of unlawful charge for compensation or damages for injury

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
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. Bank guarantee or cash deposit
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 Authority 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 bank guarantee or cash deposit 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 Authority
105B. Non-scheme employer continues to be self-insurer for 12 months
105C. Non-scheme employer continues to have obligation for rehabilitation
105D. Authority 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 bank guarantee or cash deposit 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 Authority
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
107. Meaning of QOTE

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. Authority's board may approve amount payable under industrial instrument

Part 2--Compensation entitlements of workers generally

Division 1--General statement of entitlement

108. Compensation entitlement
109. Who must pay compensation
109A. When an employer contravenes obligation not to pay compensation payable by WorkCover
110. Compensation entitlement can not be relinquished, assigned or subject to execution
111. Public trustee may act for claimant
112. Public trustee may receive payments for minors

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

116. Entitlement ends if compensated under corresponding laws
117. Compensation recoverable if later paid under corresponding laws
118. Condition on compensation application if compensation available under this Act and corresponding law
119. Entitlement to compensation ends if damages claim is finalised

Division 5--Compensation and leave entitlements

119A. Compensation entitlement does not restrict taking or accrual of leave

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

Division 4--Workers with prescribed disfigurement

127. Application of div 4
128. Entitlements of worker who sustains prescribed disfigurement

Division 5--Workers with latent onset injuries that are terminal conditions

128A. Application of div 5
128B. Entitlements of worker with terminal condition
128C. Reduction of amount payable
128D. Worker's dependants
128E. To whom payments made for death of worker

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
133. Employer's duty to report injury
133A. Employer's duty to tell WorkCover if worker asks for, or employer makes, a payment
134. Decision about application for compensation
135. Examination by registered person
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

141. Time from which compensation payable

Part 8--Compensation for day of injury

142. Application of pt 8
143. Definition for pt 8
144. When employer must pay worker 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

147. Worker can not receive more than if injury had not been sustained
148. Regard to other benefits for workers

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

168. Review of compensation and associated payments
169. Review of weekly payments—worker under 18
170. Recovery of compensation overpaid

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

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 under table of injuries

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. Calculation of WRI

Division 3--Notification of assessment of permanent impairment

184. Application of div 3
185. Insurer to give notice of assessment of permanent impairment
186. Worker's disagreement with assessment of permanent impairment
187. Offer of lump sum compensation
188. Worker's decision about lump sum compensation—WRI 20% or more
189. Worker's decision about lump sum compensation—WRI less than 20% or no WRI
190. No further compensation after fixed time

Division 4--Additional lump sum compensation

191. Application of div 4
192. Additional lump sum compensation for certain workers
193. Additional lump sum compensation for gratuitous care

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
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

CHAPTER 3A--COMPENSATION CLAIM COSTS

207AA. Definition for ch 3A
207A. Insurer may recover costs of reports from third party
207B. Insurer's charge on damages for compensation paid

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--Responsibility for rehabilitation

220. Insurer's responsibility for worker's rehabilitation
221. Authority's responsibility for rehabilitation

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

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

230. Application of pt 5
231. Worker must mitigate loss
232. Worker must participate in rehabilitation

Part 6--Protection for injured workers

232A. Definitions for pt 6
232B. Dismissal of injured worker only after 12 months
232C. Replacement for injured worker
232D. Reinstatement of injured worker
232E. Application to industrial commission
232F. Powers of industrial commission
232G. Preservation of worker's rights

CHAPTER 5--ACCESS TO DAMAGES

Part 1--Interpretation and application

233. Definitions for ch 5
235. Requirements of chapter to prevail and are substantive law
235A. Date of relevant health practitioner consultation taken to be date of injury
236. Period of limitation under Limitation of Actions Act 1974 never affected

Part 2--Entitlement conditions

Division 1--Limitations on persons entitled to seek damages

237. General limitation on persons entitled to seek damages
238. Worker with terminal condition
239. Worker who is required to make election to seek damages

Division 2--Consequences, to costs, of seeking damages

240. Consequences, to costs, of seeking damages

Division 3--Claimant who has received notice of assessment
Subdivision 1--Application of division 3

241. Application of div 3
Subdivision 2--Claimant mentioned in section 237(1)(a)(i)
242. Application of sdiv 2
243. Need for urgent proceedings
Subdivision 3--Claimant mentioned in section 237(1)(a)(ii)
244. Application of sdiv 3
245. Claimant with more than 1 injury from an event
247. Need for urgent proceedings
248. When urgent proceeding must be discontinued

Division 4--Claimant mentioned in s 237(1)(b)

249. Application of div 4
250. Claimant may seek damages only after being assessed
251. Need for urgent proceedings
252. When urgent proceeding must be discontinued

Division 5--Claimant mentioned in s 237(1)(c)

253. Application of div 5
254. Access to damages if application for compensation is subject to review or appeal
255. Need for urgent proceedings
256. When urgent proceedings must be discontinued

Division 6--Claimant mentioned in s 237(1)(d)

257. Application of div 6
258. Access to damages if claimant has not lodged application for compensation
259. Need for urgent proceedings
260. When proceedings must be discontinued

Division 7--Person mentioned in s 237(1)(e)

261. Application of div 7
262. Claimant may seek damages only in particular cases
263. Need for urgent proceedings
264. When proceedings must be discontinued

Division 8--Review of worker's decision to accept payment of lump sum compensation for injury—WRI less than 20% or no WRI

265. Application of div 8
266. Decision not to seek damages reviewable in certain circumstances

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

270. When damages are to be reduced
271. Assessment by court of total liability for 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

Division 2--Settlement before court proceedings

293. Settlement of claim for damages

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

305. Definitions for pt 8
305A. Provisions not to apply to particular injuries

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

Part 9--Assessment of damages

Division 1--Interpretation

306. Definitions for pt 9
306A. Provisions not to apply to particular injuries

Division 2--Exemplary damages

306B. Exemplary damages

Division 3--Assessment of damages
Subdivision 1--No right to damages for particular services

306C. Application of sdiv 1
306D. Definitions for sdiv 1
306E. Paid services provided to worker before injury
306F. Worker performed services before injury
306G. Gratuitous services provided to worker before injury
306H. Services not required by or provided to worker before injury
Subdivision 2--Other provisions
306I. Damages for loss of earnings
306J. When earnings can not be precisely calculated
306L. Discount rate to be applied in calculating the present value of future loss
306M. Damages for loss of consortium or loss of servitium
306N. Interest
306O. Assessment by court of injury scale
306P. Calculation of general damages

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--Indexation provisions

306V. Indexation of particular amounts

Part 12--Costs

Division 1--Costs applying to worker with WRI of 20% or more, worker with latent onset injury that is a 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 with WRI less than 20% or no WRI

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

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

319. Application of pt 13
320. No liability for excess damages

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 7--THE AUTHORITY

Part 1--Establishment

326. Authority is established
327. Authority is a body corporate etc.
328. Authority may operate under trading name
329. Authority represents the State

Part 2--Functions and powers

330. General statement of Authority's functions
331. Authority's general powers

Part 3--Reporting obligations

332. Quarterly reports
333. Matters to be included in annual report
334. Board to keep Minister informed

Part 4--Board of directors

Division 1--Establishment of Authority's board

335. Establishment of board
336. Appointment of chairperson and deputy chairperson
337. Regard to particular ability in appointment of directors
338. Role of board
339. Delegation by board

Division 2--Meetings and other business of board

340. Meaning of required minimum number of directors
341. Conduct of meetings and other business
342. Times and places of meetings
343. Presiding at meetings
344. Quorum and voting at meetings
345. Disclosure of interests by director
346. Voting by interested director
347. Participation in meetings
348. Resolutions without meetings
349. Minutes

Division 3--Other provisions about directors

350. Term of appointment of directors
351. Terms of appointment not provided for under Act
352. Appointment of acting director
353. Resignation
354. Termination of appointment as director

Part 5--The chief executive officer

355. Authority's chief executive officer
356. Duties of chief executive officer
357. Things done by chief executive officer
358. Delegation by chief executive officer
359. Additional provisions relating to chief executive officer

Part 6--Other employment provisions

360. Basis of employment generally
361. Application of equal opportunity provisions under Public Service Act 2008

Part 7--Financial provisions

362. Funding of Authority
363. Application of financial legislation
364. Funds and accounts
365. Reserves

Part 8--Authorised persons

Division 1--General

366. Function of authorised person of the Authority
367. Authorised person subject to Authority's directions
368. Powers of authorised persons
369. Limitation on powers of authorised person

Division 2--Appointment of authorised persons and other matters

370. Appointment of authorised persons
371. Authorised person's appointment conditions
372. Authorised person's identity card
373. Display of authorised person's identity card
374. Protection from liability

Part 9--Other provisions about the Authority

375. Authority's seal
376. Authentication of documents
377. Judicial notice of certain signatures
378. Giving of documents to board
379. Application of various other Acts

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
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
451. Employment and industrial relations plan
452. Application of equal opportunity provisions under Public Service Act 2008

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 the Authority

476. Reserve power of Minister to give directions in public interest
477. Additional power to direct Authority
478. Monitoring and assessment of Authority
479. Amounts payable by Authority on Minister's instruction

Part 2--The Minister and WorkCover

480. Reserve power of Minister to notify board of public sector policies
481. Reserve power of Minister to give directions in public interest
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 3--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

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. Reference about worker's injury
504. Reference about worker's impairment
505. Reference about worker's permanent impairment
506. Reference about worker's level of dependency
507. Reference about review of worker's permanent impairment
508. Assessment of additional compensation for prescribed disfigurement
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 officers and enforcement

Division 1--Powers of authorised persons

518. Entry to workplaces
519. Power to require information from certain persons
520. Keeping and inspection of documents
521. Warrants for entry
522. Warrants—applications made other than in person
523. General powers after entering places
524. Power to seize evidence
525. Receipt for seized things
526. Access to seized things
527. Return of seized things

Division 2--Other enforcement matters

528. Authorised person to give notice of damage
529. Restitution
530. Costs of investigation

Division 3--Obstructing or impersonating authorised persons

531. Obstruction of authorised persons
532. Impersonation of authorised persons

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--Authority'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 Authority
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

548. Application of div 1
548A. Meaning of appeal body
549. Who may appeal
550. Procedure for appeal
551. Appeal about amount of premium
552. Notice of time and place for hearing
552A. Conference
552B. Legal representation at appeal or conference
553. Application of Uniform Civil Procedure Rules 1999 and Industrial Relations (Tribunals) Rules 2000
554. Exchanging evidence before hearing
555. Adjourned hearing
556. Additional medical evidence
557. Correcting defects in proceedings
558. Powers of appeal body
559. Decision of appeal body
560. Recovery of costs

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

565. Decision about amount of premium
566. Decision about payment of compensation

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

572. Claimant or worker entitled to obtain certain documents
572A. Access to particular documents for employment purposes prohibited
573. Permissible disclosure of information
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

584A. Reviews of workers' compensation scheme
585. Entitlements to compensation under contract of employment prohibited and void
586. Approval of forms
587. Service of documents
588. Repeal

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

Part 1--Interpretation

589. Definitions for ch 15
590. Other savings preserved

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

600. Licences
601. Number of full-time workers

Part 6--Injuries

603. Injury under former Act
604. Ex gratia payments

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

608. 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

612. Definitions for ch 16
613. Workers, employers and injuries
614. Excess period
615. Employers who pay own claims
616. Entitlement to compensation
617. Decision about application for compensation
618. When entitlement to compensation stops
619. Weekly payment for total incapacity
620. Recovery of compensation claim costs from third party
621. Public hospitalisation
622. Damages for particular services
623. Review of decisions of insurer
624. Appeal of review decision
625. Appeals generally

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

626. Compensation under contracts of employment

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

627. Definition for ch 18
628. Latent onset injuries that are terminal conditions
629. Maximum statutory compensation
630. Weekly payment for total incapacity
631. Compensation on worker's death
632. Appointment of rehabilitation and return to work coordinator
633. Existing rehabilitation coordinators
634. Workplace rehabilitation policy and procedures
635. Medical assessment tribunals
636. Application of Industrial Relations (Tribunals) Rules
637. Incorrect reference in s 625

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

648. Definition for ch 21
649. Decision about application for compensation
650. Weekly payment for total incapacity
651. Additional lump sum compensation for certain workers
652. Reduction of amount payable on death
653. More than 1 injury from an event
654. Compensation claim costs and third parties

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. Amendment of regulation

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. Amendment of regulation

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. Amendment of regulations under Workers' Compensation and Rehabilitation and Other Legislation Amendment Act 2010

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
SCHEDULE 1 -- REGULATIONS
SCHEDULE 2 -- WHO IS A WORKER IN PARTICULAR CIRCUMSTANCES
SCHEDULE 3 -- WHO IS AN EMPLOYER IN PARTICULAR CIRCUMSTANCES
SCHEDULE 4 -- ADJACENT AREAS
1. Definitions
2. Adjacent areas
SCHEDULE 6 -- DICTIONARY
Endnotes

[Index] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]