1995ABILLFORAn Act to amend theWorkers’
Compensation Act 1990
s16Workers’
Compensation Amendment (No. 2)The Parliament of
Queensland enacts—s41Clause˙Short title1.This
Act may be cited as theWorkers’ Compensation Amendment
Act(No. 2) 1995.˙CommencementClause2.This Act commences on 1 January
1996.˙Act amendedClause3.This Act amends theWorkers’ Compensation Act 1990.Clause˙Amendment of s 5 (Interpretation)4.(1)Section5(1),definitions“accidentpay”and“prescribedbaserate”—omit.(2)Section 5(1)—insert—‘“approved form”see section
206A.1“AWE”means average
weekly earnings.“certificate injury”see section
6A.“household worker”means a person
employed solely in and about, or inconnectionwith,aprivatedwellinghouseorthegroundsofthedwelling house.“impairment”,frominjuryforaworker,meansalossof,orlossofefficient use of, any part of the worker’s
body.23456789101112131415161718192021221Section 306A (Approval of
forms)
s57s6Workers’ Compensation Amendment (No.
2)“permanent impairment”, from injury,
means a permanent impairmentfrom an injury
that is stable and stationary and not likely to improvewith
further medical or surgical treatment.“QOTE”see
section 6B.“serious injury”see section
182A.“statutorymaximumcompensation”,meansanamountequaltothemaximum amount
of compensation payable under section 154(1)(c).“student”, for part 9,
division 3,2means a person under 21 years who
isreceiving full-time education at a school,
college, university or similarinstitution.“tableofinjuries”meansthetableofinjuriesprescribedunderregulation.’.Clause˙Amendment of s 6 (Meaning of
“injury”)5.(1)Section
6(3)(a)—omit, insert—‘(a)reasonable disciplinary action taken in a
reasonable way againstthe worker in connection with the
worker’s employment; or(aa)reasonableactiontakeninareasonablewaytotransferorredeploytheworkerinconnectionwiththeworker’semployment;
or’.(2)Section 6(3)(aa) and (b)—renumber.Clause˙Insertion of new ss 6A and 6B6.After section 6—insert—123456789101112131415161718192021222324252Part9(Quantumofcompensation),division3(Compensationupondeathofworker)
s78s7Workers’ Compensation Amendment (No.
2)˙‘Meaning of
“certificate injury”‘6A.(1)A“certificate injury”for
a worker means—(a)a psychiatric or psychological injury
entitling the worker, in theboard’s opinion,
to lump sum compensation of at least 20% ofstatutory
maximum compensation; or(b)anotherinjuryentitlingtheworker,intheboard’sopinion,tolump sum compensation of at least 20%
of statutory maximumcompensation.‘(2)A“certificate
injury”doesnotincludeaninjuryentitlingtheworker, in the board’s opinion, to lump
sum compensation of at least 20%ofstatutorymaximumcompensationiftheentitlementarisesonlybycombining the worker’s entitlement to lump
sum compensation for both—(a)a psychiatric or
psychological injury; and(b)another
injury.˙‘Meaning of
“QOTE”‘6B. “QOTE”, for a
financial year, is the amount of Queensland fulltimeadultpersonsordinarytimeearningsasdeclaredbytheAustralianStatisticianinthestatistician’sreportaboutaverageweeklyearningspublished immediately before the start of the
financial year.3’.Clause˙Insertion of new s 51A7.After section 51—insert—˙‘Premium
variation‘51A.(1)The premium
payable for a policy for a period of insurance isto be
assessed at the rate fixed under a regulation or, if no rate is
fixed undera regulation, the rate decided by the
board.‘(2)It is declared
that, if the rate is varied during a period of insurance,3Thepublicationiscurrentlyentitled‘AverageWeeklyEarningsStatesandAustralia’.123456789101112131415161718192021222324252627
s89s9Workers’ Compensation Amendment (No.
2)the board may reassess the premium for the
policy according to the rate asvaried from the
day of variation or a later day prescribed under a
regulation.‘(3)An assessment or
reassessment under this section must be made onthe following
bases—(a)wages paid or estimated to be paid
during the period of insuranceare taken to
have been paid in equal weekly instalments during theperiod;(b)the
premium for the period of insurance is payable at the rates
inforce from time to time during the
period.‘(4)An employer to
whom a reassessed premium notice is given mustpay the premium
as reassessed.’.Clause˙Amendment of s 113 (Lump sum upon worker
moving abroad)8.(1)Section
113(2)—omit, insert—‘(2)However,iftheworkersatisfiestheboardthattheworker’sincapacity
resulting from the injury for which the compensation is
payableis permanent, the worker is entitled to lump
sum compensation of not morethan—(156
x Q) – TWP‘(2A)In subsection
(2)—“Q”is 60% of QOTE.“TWP”means the total weekly payments already paid
to the worker.’.(2)Section 113(2A) to (4)—renumber.Clause˙Insertion of new s 123A9.In part 8, after section 123—insert—123456789101112131415161718192021222324252627
s
910s 9Workers’
Compensation Amendment (No. 2)˙‘Employer excess‘123A.(1)The employer of
an injured worker must pay to the worker theworker’s
entitlement to weekly payment of compensation under this Act
forthe prescribed period.4‘(2)If the worker is
employed under concurrent contracts of service in2 or
more callings at the time of the injury, the amount the employer
mustpay under subsection (1) is the part of the
worker’s entitlement that relatesto the amount
payable to the worker under the contract of service with
thatemployer.‘(3)If the employer fails to pay to the
worker the amount payable to theworker under
subsection (1) within 14 days after receiving notice from
theboard that the worker’s claim has been
allowed, the board must make thepayment to the
worker on behalf of the employer.‘(4)A payment made by the board under
subsection (3) together with apenalty equal to
50% of the payment may be recovered from the employerby
the board—(a)as a debt; or(b)as
an addition to a premium payable by the employer under thisAct.‘(5)An employer may apply to the general
manager to waive or reducethe penalty because of extenuating
circumstances.‘(6)The general
manager must consider the application and may—(a)waive or reduce the penalty; or(b)refuse to waive or reduce the
penalty.‘(7)Anemployerwhoisdissatisfiedwiththegeneralmanager’sdecision may object to the decision in the
same way an objection to a defaultassessment may be
made.‘(8)Sections 54 to
58 apply to the objection with all necessary changesand
any change prescribed under a regulation.12345678910111213141516171819202122232425262728294Thetimefromwhichcompensationispayableisdealtwithunders96(Timefrom which
compensation payable).
s
1011s 10Workers’
Compensation Amendment (No. 2)‘(9)This section does not limit section
49.5‘(10)In
this section—“employer”means the
employer in whose employ the worker was injured,but
does not include the employer of a household worker.“injuredworker”meansaworkerwhosuffersaninjuryentitlingtheworker to compensation under this
Act.“prescribed period”, for an injured
worker, means a period up to 4 of theworker’sordinaryworkingdaysduringwhichtheworker’sentitlement to
weekly payment of compensation continues as a resultof
the work related injury.’.Clause˙Replacement of pt 9, div 1, heading and ss
124–12710.Part 9, division 1, heading and
sections 124 to 127—omit, insert—†‘Division 1—Compensation (weekly
payments) for total and partialincapacity˙‘Application of division‘124.This division
applies if a worker is incapacitated because of injuryin
relation to which compensation under this Act is payable.˙‘Amounts payable
under awards, industrial agreements andcontracts‘124A.In this
division, an amount payable under an award, industrialagreement or contract in relation to a worker
is the amount to which theworker is entitled for the time being
under the award, industrial agreementor
contract.1234567891011121314151617181920212223245Section 49 (Employer's failure to
fulfil obligation to insure)
s
1012s 10Workers’
Compensation Amendment (No. 2)˙‘Total incapacity—worker whose
employment is governed by awardor industrial
agreement‘124B.(1)Compensation
payable to a totally incapacitated worker whoseemployment is
governed by an award or industrial agreement is a weeklypayment under this section.‘(2)The payment is,
for each week—(a)forthefirst26weeksoftheincapacity,thegreaterofthefollowing—(i)85%
of the worker’s AWE;(ii)the amount
payable under the worker’s award or industrialagreement;
and(b)afterwards, the greater of the
following—(i)65% of the worker’s AWE;(ii)60% of
QOTE.‘(3)However, the
payment under subsection (2)(b) must not be morethanthepaymenttowhichtheworkerwouldbeentitledundersubsection (2)(a) if that paragraph applied
to the worker at the time of thepayment under
subsection (2)(b).˙‘Total
incapacity—worker whose employment is not governed byaward
or industrial agreement‘124C.(1)Compensation payable to a totally
incapacitated worker whoseemploymentisnotgovernedbyanawardorindustrialagreementisaweekly payment
under this section.‘(2)The payment is,
for each week—(a)forthefirst26weeksoftheincapacity,thegreaterofthefollowing—(i)85%
of the worker’s AWE;(ii)70% of QOTE;
and(b)afterwards, the greater of the
following—(i)65% of the worker’s AWE;123456789101112131415161718192021222324252627282930
s
1013s 10Workers’
Compensation Amendment (No. 2)(ii)60%
of QOTE.‘(3)However, the
payment under subsection (2) must not be more thanthe
worker’s AWE.˙‘Total
incapacity—certain contract workers‘124D.(1)Compensationpayabletoatotallyincapacitatedcontractworker is a weekly payment under this
section.‘(2)The payment is,
for each week—(a)forthefirst26weeksoftheincapacity,thegreaterofthefollowing—(i)85%
of the worker’s AWE;(ii)the amount
payable under the worker’s contract of service;and(b)afterwards, the greater of the
following—(i)65% of the worker’s AWE;(ii)60% of
QOTE.‘(3)However, the
payment under subsection (2)(b) must not be morethanthepaymenttowhichtheworkerwouldbeentitledundersubsection (2)(a) if that paragraph applied
to the worker at the time of thepayment under
subsection (2)(b).‘(4)In this
section—“contractworker”meansaworkeremployedunderacontractofservice—(a)as
an officer of the public service; or(b)by a
university; or(c)as a salaried employee in the
electricity industry; or(d)byaregionalhealthauthorityestablishedundertheHealthServices Act
1991.123456789101112131415161718192021222324252627
s
1014s 10Workers’
Compensation Amendment (No. 2)˙‘Total incapacity—certain waterside
workers‘124E.(1)Compensationpayabletoatotallyincapacitatedwatersideworker is a weekly payment under this
section.‘(2)The payment is,
for each week—(a)forthefirst26weeksoftheincapacity,thegreaterofthefollowing—(i)theworker’sguaranteedweeklywageundertherelevantaward or
industrial agreement;(ii)the lesser of
the following—(A)60% of QOTE;(B)the
worker’s AWE; and(b)afterwards, 60% of QOTE.‘(3)However, the
payment under subsection (2)(b) must not be morethanthepaymenttowhichtheworkerwouldbeentitledundersubsection (2)(a) if that paragraph applied
to the worker at the time of thepayment under
subsection (2)(b).‘(4)In this
section—“watersideworker”meansawatersideworkeremployedat1ofthefollowing ports—•Bowen•Bundaberg•Cairns•Gladstone•Mackay•Townsville•Urangan.˙‘Total incapacity—casual or part-time
workers‘124F.(1)Compensationpayabletoatotallyincapacitatedworkerengagedincasualorpart-timeemploymentisaweeklypaymentunder1234567891011121314151617181920212223242526272829
s
1015s 10Workers’
Compensation Amendment (No. 2)section 124B,
124C, 124D, 124E or 125.‘(2)However, the payment under subsection (1)
must not be more thanthe worker’s AWE.˙‘Total incapacity—worker receiving
certain benefits underCommonwealth law‘124G.Compensation
payable to a totally incapacitated worker who, atthe
time the worker was injured, was receiving an age, disability
support orclassBwidowpensionunderaCommonwealthlawisthelesserofthefollowing—(a)the amount the worker was earning at
the time of the injury;(b)the amount the
worker is entitled to earn before the maximumpension payable
to the worker is reduced.˙‘Total
incapacity—worker with more than 1 employer‘124H.(1)If, at the time
injury is suffered—(a)atotallyincapacitatedworkerisemployedunderconcurrentcontracts of
service in 2 or more callings; and(b)the
worker’s employment under 1 of the contracts of service isother than as a casual employee;the
board may decide that the worker’s entitlement to compensation is
to beworkedoutunderanawardorindustrialagreementforthecallingthatincreases the
worker’s entitlement to compensation.‘(2)If the board makes a decision under
subsection (1), the entitlement tocompensationisworkedoutundertheawardorindustrialagreementdecided by the board.˙‘Total incapacity—prescribed
volunteers‘125.(1)In this
section—“prescribed volunteer”means a
person—(a)who is a member of a local emergency
service or a body that actsunder the
authority of the state counter-disaster organisation or the1234567891011121314151617181920212223242526272829
s
1016s 10Workers’
Compensation Amendment (No. 2)state emergency
service and is taken to be a worker under theState
Counter-Disaster Organisation Act 1975, section 36;
or(b)who is not a worker but a member of a
rural fire brigade undertheFireServiceAct1990whoisdischargingdutiesorparticipating in training as a member
of the rural fire brigade.‘(2)Compensation payable to a totally
incapacitated prescribed volunteeris a weekly
payment under this section.‘(3)The payment for a prescribed volunteer
who is not in employmentor self-employed is an amount not more
than 60% of QOTE.‘(4)The payment for
a prescribed volunteer who is employed, but notself-employed,isthepaymentundersection124B,124C,124D,124E,124F, 124G or
124H.‘(5)The payment for
a prescribed volunteer who is self-employed is, foreach
week—(a)for the first 26 weeks of the
incapacity—(i)if subparagraph (ii) does not
apply—70% of QOTE; or(ii)if the volunteer
replaces the volunteer’s labour—the paymentunder subsection
(6); and(b)afterwards, the lesser of the
following—(i)60% of QOTE;(ii)the
reasonable cost of labour paid to replace the volunteer.‘(6)For subsection
(5)(a)(ii), the amount is—(a)if paragraph (b)
does not apply—85% of the reasonable cost oflabour paid to
replace the prescribed volunteer; or(b)if
the reasonable cost of labour paid to replace the volunteer is
lessthan 70% of QOTE—the reasonable cost of
labour paid to replacethe volunteer.˙‘Maximum compensation under ss
124B–125‘126.The entitlement
of a worker, or a prescribed volunteer who is not aworker, to weekly benefits under section
124B, 124C, 124D, 124E, 124F,124G, 124H or 125
stops when the first of the following events happens—12345678910111213141516171819202122232425262728293031
s
1117s 11Workers’
Compensation Amendment (No. 2)(a)the
incapacity as a result of the work related injury stops;(b)lumpsumcompensationispaidtotheworkerfortheinjuryunder division
2;(c)compensation payable under this
division reaches the maximumamount
prescribed under section 154(1)(a).’.Clause˙Replacement of heading and ss
129–13011.Part 9, division 2, heading and
sections 129 and 130—omit, insert—†‘Division 2—Compensation (lump sum) for
permanent impairment˙‘Application of division‘129.This division
applies if a worker sustains permanent impairmentbecauseofinjuryinrelationtowhichcompensationunderthisActispayable.˙‘Compensation for permanent
impairment‘130.(1)Aworkerwhosustainspermanentimpairmentbecauseofinjuryisentitledtolumpsumcompensationunderthissectionfortheimpairment.‘(2)The amount of lump sum compensation is
the amount worked outhaving regard to the worker’s level of
permanent impairment, the degree ofpermanent
impairment attributable to the injury and the table of
injuries.‘(3)Lump sum
compensation is not payable in relation to the degree ofpermanent impairment caused by any
pre-existing condition or an injury theworkermayhavesustainedpreviouslythatcontributedtothelevelofpermanent impairment.61234567891011121314151617181920212223246For the maximum amount of lump sum
compensation payable under section 130,see section
154(1)(b).
s
1118s 11Workers’
Compensation Amendment (No. 2)˙‘Assessment of degree of permanent
impairment‘130A.(1)The board or a
worker may ask that the degree of permanentimpairment
resulting from the worker’s injury be assessed—(a)for
hearing loss—under section 95(9);7or(b)forapsychiatricorpsychologicalinjury—byamedicalassessment
tribunal; or(c)for another injury—by a registered
medical practitioner.‘(2)The
degree of permanent impairment must be assessed in the wayprescribed under a regulation and a report
must be provided to the boardstating—(a)thematterstakenintoaccount,andtheweightgiventothosematters, in
deciding the degree of impairment; and(b)any
other information prescribed under a regulation.‘(3)For an injury,
other than a psychiatric or psychological injury, theboardorworkermayacceptorrejecttheassessmentofthedegreeofpermanent impairment.‘(4)If the board and worker cannot agree
about the degree of permanentimpairment—(a)thedegreeofimpairmentmaybedecidedonlybyamedicalassessment tribunal; and(b)the
board must refer the question of degree of impairment to atribunal for decision.˙‘Additional compensation for certain
injuries‘130B.(1)This section
applies if a worker suffers spinal cord injury orchronicorganicbrainsyndromeresultingintheworkersustainingpermanent
impairment that, in the board’s opinion, entitles the worker
tolumpsumcompensationofatleast50%ofstatutorymaximumcompensation.123456789101112131415161718192021222324252627287Section 95 (Special provision
concerning compensation for loss of hearing).Seealso
section 131(4).
s
1219s 12Workers’
Compensation Amendment (No. 2)‘(2)The worker is entitled to additional
lump sum compensation for theinjury, up to
$100 000, payable according to a graduated scale prescribedunder
a regulation.’.Clause˙Amendment of s 131 (Application of s 129 in
particular cases)12.(1)Section
131(3)—omit, insert—‘(3)If—(a)aworkerhaspreviouslyreceivedlumpsumcompensationforinjury (other than hearing loss) to a part
of the worker’s body;and(b)theworkersustainsafurtherinjurytothatpart(the“laterinjury”);lumpsumcompensationundersection130forthelaterinjurymustbereduced by the amount of lump sum
compensation previously paid underthis Act or the
repealed Act.Example—A worker loses
the distal joint of the right forefinger in a work related incident
andreceiveslumpsumcompensationfortheimpairment.Theworkerlosestheentireright forefinger
in a subsequent work related incident.The lump sum
compensationpayable for the second impairment must be
reduced by the lump sum compensationpaid for the first
impairment.’.(2)Section 131(4), ‘, or under a previous
enactment that corresponds tothis Act’—omit, insert—‘or the repealed
Act’.(3)Section 131—insert—‘(5)In this
section—“repealed Act”means theWorkers’ Compensation Act 1916.’.1234567891011121314151617181920212223242526272829
s
1320s 13Workers’
Compensation Amendment (No. 2)Clause˙Replacement of ss 132 and 13313.Sections 132 and 133—omit, insert—˙‘Offer and payment of compensation after
assessment‘132.The board may
make an offer of lump sum compensation to or onaccount of a
worker who has suffered an injury prescribed under the tableofinjuriesthathasresultedintheworkersustainingapermanentimpairment.‘(2)An offer may be made only if—(a)theboardandtheworkerbothaccepttheworker’sdegreeofpermanentimpairmentisthedegreeassessedbyaregisteredmedical
practitioner or under section 95(9);8or(b)a medical
assessment tribunal has decided on a reference underpart10thattheworkerhassustainedadegreeofpermanentimpairment.‘(3)Thedegreeoftheworker’spermanentimpairmentandthepercentageofmaximumlumpsumcompensationpayableundersection1309to which the
impairment entitles the worker must be stated on theoffer.‘(4)Ifthedegreeofpermanentimpairmentfromacertificateinjuryentitles the worker to lump sum compensation
under section 130 of lessthan 20% of the statutory maximum
compensation, the board must—(a)advise the worker about the choice the
worker must make undersection 182B;10and1234567891011121314151617181920212223248Section 95
(Special provision concerning compensation for loss of
hearing)9Section 130 (Compensation for
permanent impairment)10Section182B(Workermustmakechoiceaboutdamagesatlawincertaincases)
s
1421s 15Workers’
Compensation Amendment (No. 2)(b)give
the worker a copy of sections 182A, 182B and 182C.11‘(5)An
offer may be accepted or rejected, or a decision about the
offermay be deferred, within 28 days after a
written offer is made by the board(the“decision period”).‘(6)If, within the
decision period, the worker does not advise the boardthat
the offer is accepted or rejected or that the worker wishes to
defer thedecision, the worker is taken to have
deferred the decision.‘(7)Iftheofferisaccepted,theboardmustpaythelumpsumcompensation entitlement to or on
account of the worker.’.Clause˙Replacement of s 135 (No further compensation
after settlementunder s 129)14.Section 135—omit,
insert—˙‘No further
compensation after offer‘135.(1)Thissectionappliesifanofferoflumpsumcompensationunder section 132
is made.‘(2)A worker to or
for whom an offer of lump sum compensation ismade is not
entitled, after the acceptance, rejection or deferral of the
offer—(a)to further compensation, other than
the lump sum compensationoffered, in relation to the injury;
or(b)topaymentofexpensesofanydescriptioninrelationtotheinjury.’.Clause˙Amendment of s 136 (Benefits for total
or partial dependants)15.(1)Section 136(1),
table, paragraph (a), column 2, ‘$120 000’—omit,
insert—‘$160 000’.11Sections 182A (Application of ss 182B–182E),
182B (Worker must make choiceabout damages at
law in certain cases) and 182C (Consequences of choosing toseek
damages at law)1234567891011121314151617181920212223242526
s
1522s 15Workers’
Compensation Amendment (No. 2)(2)Section 136(1), table, paragraph (b), column
1, ‘, or is of or over thatage’ to ‘similar
institution’—omit, insert—‘or a
student’.(3)Section 136(1), table, paragraph (b),
column 2—omit, insert—‘aweeklypaymentof7%ofQOTE
for each child, stepchild,brotherorsisterstartingatthetimeoftheworker’sdeathandending when the child, stepchild,brotherorsisterturns16orstops being a
student.’.(4)Section 136(1), table, paragraph (c),
column 2—omit, insert—‘the amount of
$6 000 for eachchild, stepchild, brother or sisterleftbytheworkerwhoisunder 16 or a student.’.(5)Section 136(1), table, paragraph (e),
column 2—omit, insert—‘aweeklypaymentof7%ofQOTE
for each child, stepchild,brotherorsisterstartingatthetimeoftheworker’sdeathandending when the child, stepchild,brotherorsisterturns16orstops being a
student.’.(6)Section 136(1), table, paragraph (f),
column 2, ‘$10 000’—omit, insert—12345678910111213141516
s
1623s 16Workers’
Compensation Amendment (No. 2)‘$11
050’.Clause˙Amendment of s 138 (Reduced benefit to
dependant who dies beforepayment of compensation)16.(1)Section 138(2),
table, paragraphs (a) and (b), column 2, ‘20% ofthe
prescribed base rate’—omit, insert—‘14% of
QOTE’.(2)Section 138(2), table, paragraph
(b)(i), column 1, ‘, or who is’ to‘similar
institution’—omit, insert—‘or a
student’.(3)Section 138(2), table, paragraph
(b)(ii), column 1—omit, insert—‘(ii)isamemberofthefamilyoftheworkerwhois16oroverandnotastudentandiscaring for
persons whoatthetimeoftheworker’sdeathweretotallyormainlydependentontheworker’s
earnings.’.(4)Section 138(2), table, paragraph (c),
column 1, ‘, or is’ to ‘similarinstitution’—omit,
insert—‘or a student’.(5)Section138(2),table,paragraph(c),column2,‘10%oftheprescribed base rate’—omit, insert—‘7% of
QOTE’.123456789101112131415161718192021222324252627282930
s
1724s 19Workers’
Compensation Amendment (No. 2)Clause˙Amendment of s 140 (Entitlement to
additional compensation)17.Section 140(3)
to (6)—omit, insert—‘(3)CompensationunderthisActforprescribeddisfigurementispayable as lump sum compensation in an amount
worked out having regardto the severity of the worker’s
prescribed disfigurement and the table ofinjuries.’.Clause˙Amendment of s 141 (Assessment of
additional compensation)18.(1)Section
141—insert—‘(2A)The tribunal
must assess the severity of prescribed disfigurementin
the way prescribed under a regulation.’.(2)Section 141(2A) to (3)—renumber.Clause˙Amendment of s 154 (Maximum entitlement for 1
incident)19.(1)Section 154(1),
‘$67 000’—omit, insert—‘$100
000’.(2)Section 154(1)(b), ‘section 129 or
140’—omit, insert—‘section
13012’.(3)Section 154—insert—123456789101112131415161718192021222312Section 130 (Compensation for permanent
impairment)
s
2025s 21Workers’
Compensation Amendment (No. 2)‘(3)However, subsections (1) and (2) do
not limit the power to makeadditional
payment of compensation under section 130B.13’.Clause˙Replacement of s 155 (Variation of payments
for mining diseases)20.Section 155—omit,
insert—˙‘Variation of
payments for mining diseases‘155.A regulation may
vary a payment or amount to which a person isentitledundertheWorkers’CompensationAct1916inrelationtothedisease silicosis or anthraco-silicosis
if—(a)QOTE is varied; or(b)the
amount of age, disability support or class B widow pensionpayable under theSocial Security
Act 1991(Cwlth) is varied.’.Clause˙Amendment of s 156 (Variation of
payments for other injuries)21.(1)Section 156(1)—omit,
insert—‘156.(1)If QOTE varies,
each payment or amount under division 1, 2, 3,4or7thatisnotexpressedasapercentageofQOTE,istobevariedproportionately.‘(1A)A weekly payment
or another amount varied under subsection (1)is to be rounded
up—(a)for a weekly payment—to the nearest
5¢; and(b)for another amount—to the nearest
$5.’.(2)Section 156(1A) and (2)—renumber.12345678910111213141516171819202122232413Section130B(Additionalcompensationforcertaininjuries)providesforadditional lump sum compensation in certain
cases involving serious spinal cordinjury or chronic
organic brain syndrome.
s
2226s 23Workers’
Compensation Amendment (No. 2)Clause˙Amendment of s 171 (Reference to
tribunals)22.(1)Section171(3)(a)(iii),‘apermanentpartialdisabilityresultingfrom
the injury’—omit, insert—‘an injury under
the table of injuries resulting in permanent impairment’.(2)Section 171(3)(b)(ii), ‘a permanent
partial disability resulting fromthe
injury’—omit, insert—‘an injury under
the table of injuries resulting in permanent impairment’.(3)Section 171(4)(c), ‘a permanent
partial disability resulting from theinjury’—omit, insert—‘an injury under
the table of injuries resulting in permanent impairment’.(4)Section 171—insert—‘(4A)Atribunalmustassessthenatureandextentofpermanentimpairment in the
way prescribed under a regulation.’.(5)Section 171(4A) and (5)—renumber.Clause˙Insertion of new ss 182A–182E23.Before section 183, part 11—insert—˙‘Application of ss 182B–182E‘182A.(1)Sections182Bto182Eapplytoaworkerwhosuffersaninjury, other than a serious injury, in
circumstances creating, independentlyof this Act, a
legal liability in the worker’s employer in relation to which
theworker’s employer is—(a)indemnified by the board under a policy in
relation to the injury;or1234567891011121314151617181920212223242526272829
s
2327s 23Workers’
Compensation Amendment (No. 2)(b)required by this Act to be so
indemnified.‘(2)In subsection
(1)—“injury”does not include
an injury in relation to which the employer isrequired to
provide against the employer’s legal liability by—(a)another Act; or(b)a
law of another State, the Commonwealth or another country.“serious injury”of a worker
means an injury—(a)entitlingtheworker,intheboard’sopinion,tolumpsumcompensationofatleast20%ofstatutorymaximumcompensation for a certificate injury;
or(b)resulting in the worker’s
death.˙‘Worker must make
choice about damages at law in certain cases‘182B.(1)A worker to whom
lump sum compensation is payable underpart 9, division
214for an injury is not entitled to
both—(a)lump sum compensation for the injury;
and(b)damages at law for the injury.‘(2)Theworkermustchoosebetweenacceptinglumpsumcompensation offered under this Act and
seeking damages at law.‘(3)The
worker must give the board notice of the worker’s choice in
theapproved form.'(4)If the worker fails to give the board
notice of the worker’s choicebefore the worker
seeks damages at law, the worker is taken to have made achoice to reject lump sum compensation for
the injury.‘(5)The worker’s
choice may not be changed after it is—(a)given to the board; or(b)taken to have been made under subsection
(4).‘(6)The worker is
taken to seek damages at law for the injury when the14Part9(Quantumofcompensation),division2(Compensation(lumpsum)forpermanent
impairment)123456789101112131415161718192021222324252627
s
2328s 23Workers’
Compensation Amendment (No. 2)worker—(a)seeks to negotiate a damages
settlement with the board; or(b)starts proceedings at law for
damages.˙‘Consequences of
choosing to seek damages at law‘182C.(1)This section
applies if the worker is not entitled to, or rejects,lump
sum compensation under this Act for an injury and seeks damages
atlaw for the injury.‘(2)The worker’s entitlement to
compensation under this Act stops andthefollowingrulesinrelationtocostsintheworker’sproceedingfordamages apply.‘(3)No order as to costs, other than costs
for interlocutory applications,is to be made by
the court in the proceeding even if the action is
successful.‘(4)However, if a
party to the proceeding makes an offer of settlementthat
is refused and the court later awards damages to the worker, the
courtmust, in the following circumstances, make
the order about costs providedfor—(a)if the amount of damages awarded is
equal to or more than theworker’sfinaloffer—anorderthatthedefendantpaytheworker’s party and party costs from
the day of the final offer;(b)if
the amount of damages awarded is equal to or less than thedefendant’sfinaloffer—anorderthattheworkerpaythedefendant’s party and party costs from
the day of the final offer.‘(5)If the award of damages is less than
the worker’s final offer butabove the
defendant’s final offer, subsection (3) applies.‘(6)An order as to
costs for an interlocutory application may be madeonly
if the court is satisfied that the application has been brought
because ofunreasonable delay on the part of 1 of the
parties.‘(7)Ifanentityotherthantheboardisjoinedasadefendantintheproceeding, the court may make an order
as to costs in favour of, or against,the entity
according to the proportion of liability of the defendants and
thejustice of the case.12345678910111213141516171819202122232425262728293031
s
2329s 23Workers’
Compensation Amendment (No. 2)‘(8)Subsection (7) does not empower the
court to make an order forcosts against the worker’s employer or
the board.˙‘Access to common
law damages if no offer of lump sumcompensation
made‘182D.(1)Aworkerwhohasnotreceivedanofferoflumpsumcompensation under section 13215may seek damages at law for an
injurysuffered after the commencement only if the
board gives to the worker acertificate under
this section.‘(2)Theworkermustapplyintheapprovedformtotheboardforacertificate.‘(3)The board may give the certificate
only if—(a)in the board’s opinion, the
proceedings are in relation to an injurywithin the
meaning of this Act; and(b)the injury has
been sustained after the commencement; and(c)theproceduresforassessmentofthedegreeoftheworker’spermanent
impairment under section 130A16have
been compliedwith; and(d)iftheboardcouldmakeanofferoflumpsumcompensationunder section
132—the board has made the offer.‘(4)However,theboardmayissuetheworkerwithaconditionalcertificate
if—(a)the degree of the worker’s permanent
impairment is not agreed orhas not been
decided by a tribunal; or(b)there is an
urgent need to bring proceedings for damages.‘(5)Ifaconditionalcertificateisgiven,theworkermaybringcourtproceedingsfordamagesatlawfortheinjury,buttheproceedingsarestayed until the board makes the certificate
unconditional.‘(6)The board must
make the certificate unconditional when—15Section 132 (Offer and payment of
compensation after assessment)16Section 130A (Assessment of degree of
permanent impairment)12345678910111213141516171819202122232425262728
s
2330s 23Workers’
Compensation Amendment (No. 2)(a)theproceduresforassessmentofthedegreeoftheworker’spermanent
impairment under section 130A17have
been compliedwith; and(b)iftheboardcouldmakeanofferoflumpsumcompensationunder section
13218—the board has made the offer and the
offerhas been rejected or deferred.˙‘Decision not to
seek damages at law reviewable in certaincircumstances‘182E.(1)A worker who
chooses, under section 182B,19to
accept lumpsumcompensationmayasktheboardtoreviewfreshmedicalevidenceabout
the worker’s injury.‘(2)Theboardmayreviewthemedicalevidenceonlyiftheworkersatisfies the
board that the medical evidence—(a)was
not available at the time the worker made the choice; and(b)showsthattheworker’sinjuryhascausedafurthermaterialdeterioration in the worker’s medical
condition; and(c)tendstoestablishthatthedegreeofpermanentimpairmentsustained by the
worker has reached the prescribed level.‘(3)A request must be made within 1 year
of the degree of permanentimpairment sustained by the worker
being agreed on, decided or assessed.‘(4)The board must consider the additional
medical evidence producedby the worker and may accept or reject
the evidence.‘(5)If the board
rejects the evidence, the worker may require the board torefer
the evidence to a review panel for review.‘(6)Thereviewpanelmustconsidertheadditionalmedicalevidenceproduced by the
worker and may accept or reject the evidence.17Section 130A (Assessment of degree of
permanent impairment)18Section 132
(Offer and payment of compensation after assessment)19Section182B(Workermustmakechoiceaboutdamagesatlawincertaincases)1234567891011121314151617181920212223242526
s
2431s 25Workers’
Compensation Amendment (No. 2)‘(7)A decision of the review panel is
final and may not be appealedagainst.‘(8)If the board
accepts, or the review panel decides, that the medicalevidencetendstoestablishthatthedegreeofpermanentimpairmentsustained by the
worker has reached the prescribed level—(a)the
board and worker may agree about the degree of the worker’spermanent impairment; or(b)if
the board and worker cannot agree, the board must refer thequestionofdegreeofpermanentimpairmenttoanappropriatemedical
assessment tribunal for decision.‘(9)For this section, a worker reaches
the“prescribed level”if, for acertificateinjury,thedegreeofpermanentimpairmentsustainedbytheworker—(a)providestheworkerwithafurtherlumpsumcompensationentitlement of
at least 10% of statutory maximum compensation;and(b)brings the worker’s entitlement to
lump sum compensation forthe injury to at least 20% of
statutory maximum compensation.‘(10)In this
section—“review panel”meansapanelconsistingofthechairpersonordeputychairpersonofthegeneralmedicalassessmenttribunalandanothermember of an
appropriate medical assessment tribunal.’.Clause˙Amendment of s 200 (Evidentiary value
of certificates)24.Section 200(3)—insert—‘(e)that a worker
has a degree of permanent impairment entitling theworkertoastatedpercentageofstatutorymaximumcompensation;’.12345678910111213141516171819202122232425262728
s
2632s 27Workers’
Compensation Amendment (No. 2)Clause˙Amendment of s 207 (Regulations)25.(1)Section 207,
words before paragraph (a)—omit,
insert—‘(1)The Governor in
Council may make regulations under this Act.‘(2)A regulation may make provision about
the following—’.(2)Section 207(a)(i) and (ii)—omit, insert—‘(i)premiums and rates of premium; and(ii)surcharges;
and(iii)demerit
charges;’.(3)Section 207(w)—omit.Clause˙Amendment of s 208 (Board’s power to fix
premiums and chargeswhen regulations silent)26.(1)Section 208, ‘any class of policy’—omit, insert—‘a
policy’.(2)Section 208, ‘in the case of a policy
of that class’—omit, insert—‘for the
policy’.(3)Section 208—insert—‘(2)To remove any
doubt, it is declared that subsection (1) applies, andis
always taken to have applied, whether or not a regulation provides,
orever provided, for any of the things
mentioned in subsection (1).’.12345678910111213141516171819202122232425
s
2733s 27Workers’
Compensation Amendment (No. 2)Clause˙Amendment of s 213 (Claims relating to
injury)27.(1)Section
213(2)—omit, insert—‘(2)An entitlement to compensation under
this Act is to be decided, andpaid,inaccordancewiththeActasinforceatthetimetheinjurywassuffered.‘(2A)However, if the
injury was one suffered after the commencementof this Act and
before the commencement of this section, a person entitledtolumpsumcompensation,weeklypaymentsordependantallowancesunder this Act is
entitled to the benefit of every increase in the prescribedbase
rate.’.(2)Section 213(4), definition
“commencement”, paragraph (b)—omit,
insert—‘(b)for another
injury—1 January 1996.’.(3)Section
213(4)—insert—‘“prescribed base rate”means a weekly
rate of compensation under thisAct that is 65%
of the weekly minimum rate of wages for the timebeingprovidedbytheEngineeringAward—State,madebytheIndustrial
Relations Commission, in relation to employees of the class‘Wage Group C10’ in the Southern
Division.’.12345678910111213141516171819202122
34Workers’ Compensation Amendment (No.
2)¡SCHEDULE†MINOR AMENDMENTSsection 31.
Sections 49(1)(a) and 102(1), ‘prescribed form’—omit, insert—‘approved
form’.2. Section 75(1), ‘employees’—omit, insert—‘workers’.3. Section
90—insert—‘(2)Subsection (1) does not limit sections
182B and 182D.20’.4. Section
92(1)(b), ‘permanent disability’—omit,
insert—‘permanent impairment’.12345678910111213141520Section182B(Workermustmakechoiceaboutdamagesatlawincertaincases)Section182D(Accesstocommonlawdamagesifnoofferoflumpsumcompensation
made)
35Workers’ Compensation Amendment (No.
2)5. Section 95(4)(b), ‘in accordance with the
table in section 129’—omit, insert—‘under section
13021’.6. Section
109(2)(b)—omit, insert—‘(b)the
worker’s AWE.’.7.(1) Section 112(1), (3), (4) and (5), ‘a
lump sum’—omit, insert—‘lump sum
compensation’.8. Section 112(2), ‘lump sum’—omit, insert—‘lump sum
compensation’.9. Sections 112(5) and 113(4), ‘the lump
sum’—omit, insert—‘lump sum
compensation’.10. Section 113(4), ‘a lump sum payment is
made’—omit, insert—‘lump sum
compensation is paid’.12345678910111213141516171821Section 130
(Compensation for permanent impairment)
36Workers’ Compensation Amendment (No.
2)11. Sections 131, heading and (1), (2) and
(4), 134, heading, ‘129’—omit, insert—‘130’.12.
Section 131(2), ‘lump sum payment’omit,
insert—‘lump sum compensation’.13. Section 134,
‘loss or condition’ to ‘under that section’—omit,
insert—‘injury prescribed under the table of
injuries, the worker is not entitled’.14. Section
137(b), ‘a lump sum’—omit, insert—‘lump sum
compensation’.15. Section 137(c), ‘payment of a lump sum of
compensation’—omit, insert—‘another payment
of lump sum compensation’.16. Section 139, 140(5), ‘section
129’—omit, insert—‘section
130’.17. Section 154(1)(a), ‘a lump sum’—omit, insert—‘lump sum
compensation’.123456789101112131415161718192021
37Workers’ Compensation Amendment (No.
2)18. Section 158—omit.19.
Sections 171(3)(a)(iii) and (b)(ii) and (4)(c), ‘the
disability’—omit, insert—‘the
impairment’.20. In part 12—insert—‘Approval of forms‘206A.The board may
approve forms for use under this Act.’.21. Section
207(l)(ii)—omit.22. Section
210—insert—‘(2)In an Act or document, a reference to
the State Accident InsuranceFund may, if the
context permits, be taken to be a reference to the Workers’Compensation Fund.’.23. Section
212(5), ‘a lump sum’—omit, insert—‘lump sum
compensation’.24. After section 214—insert—123456789101112131415161718192021
