Minister: Minister for Employment and Industrial Relations, Minister for Racing and Minister for Multicultural Affairs
Agency: Queensland Treasury


Workers’ Compensation and Rehabilitation Act 2003


Queensland Crest
Workers’ Compensation and Rehabilitation Act 2003

An Act to establish a workers’ compensation scheme for Queensland, and for other purposes

Chapter 1 Preliminary

Part 1 Introduction

1Short title

This Act may be cited as the Workers’ Compensation and Rehabilitation Act 2003 .

2Commencement

(1)Sections 613 to 618 and 621 are taken to have commenced on 1 April 2003.
(2)The remaining provisions of this Act, (other than sections 612 , 619 and 620 ) commence on 1 July 2003.

3Act binds all persons

This Act binds all persons, including the State, and, so far as the legislative power of Parliament permits, the other States.

3ANotes in text

A note in the text of this Act is part of the Act .

s 3A ins 2005 No. 50s 4

Part 2 Objects

4Objects of Act

(1)This part states the main objects of this Act.
(2)The objects are an aid to the interpretation of this Act.

5Workers’ compensation scheme

(1)This Act establishes a workers’ compensation scheme for Queensland—
(a)providing benefits for workers who sustain injury in their employment, for dependants if a worker’s injury results in the worker’s death, for persons other than workers, and for other benefits; and
(b)encouraging improved health and safety performance by employers.
(2)The main provisions of the scheme provide the following for injuries sustained by workers in their employment—
(a)compensation;
(aa)implementation of the national injury insurance scheme for serious personal injuries resulting from workplace incidents connected with Queensland;
(b)regulation of access to damages;
(c)employers’ liability for compensation;
(d)employers’ obligation to be covered against liability for compensation and damages either under a WorkCover insurance policy or under a licence as a self-insurer;
(e)management of compensation claims by insurers;
(f)injury management, emphasising rehabilitation of workers particularly for return to work;
(g)procedures for assessment of injuries by appropriately qualified persons or by independent medical assessment tribunals;
(h)rights of review of, and appeal against, decisions made under this Act.
(3)There is some scope for the application of this Act to injuries sustained by persons other than workers, for example—
(a)under arrangements for specified benefits for specified persons or treatment of specified persons in some respects as workers; and
(b)under procedures for assessment of injuries under other Acts by medical assessment tribunals established under this Act.
(4)It is intended that the scheme should—
(a)maintain a balance between—
(i)providing fair and appropriate benefits for injured workers or dependants and persons other than workers; and
(ii)ensuring reasonable cost levels for employers; and
(b)ensure that injured workers or dependants are treated fairly by insurers; and
(c)provide for the protection of employers’ interests in relation to claims for damages for workers’ injuries; and
(d)provide for employers and injured workers to participate in effective return to work programs; and
(da)provide for workers or prospective workers not to be prejudiced in employment because they have sustained injury to which this Act or a former Act applies; and
(e)provide for flexible insurance arrangements suited to the particular needs of industry.
(5)Because it is in the State’s interests that industry remain locally, nationally and internationally competitive, it is intended that compulsory insurance against injury in employment should not impose too heavy a burden on employers and the community.

s 5 amd 2005 No. 11s 59; 2005 No. 50 ss 5, 3 sch; 2007 No. 52s 4; 2016 No. 44s 3

6Administration

This Act provides for the efficient administration of the scheme and of this Act through the establishment of the office of the Workers’ Compensation Regulator and WorkCover.

s 6 sub 2013 No. 52s 58

Part 3 Definitions

7Definitions

The dictionary in schedule 6 defines particular words used in this Act.

Part 4 Basic concepts

Division 1 Accident insurance, compensation and damages

8Meaning of accident insurance

Accident insurance is insurance by which an employer is indemnified against all amounts for which the employer may become legally liable, for injury sustained by a worker employed by the employer for—
(a)compensation; and
(b)damages.

9Meaning of compensation

Compensation is compensation under this Act, that is, amounts for a worker’s injury payable under chapters 3, 4 and 4A by an insurer to a worker, a dependant of a deceased worker or anyone else, and includes compensation paid or payable under a former Act.

s 9 amd 2016 No. 44s 4

10Meaning of damages

(1)Damages is damages for injury sustained by a worker in circumstances creating, independently of this Act, a legal liability in the worker’s employer to pay damages to—
(a)the worker; or
(b)if the injury results in the worker’s death—a dependant of the deceased worker.
(2)A reference in subsection (1) to the liability of an employer does not include a liability against which the employer is required to provide under—
(a)another Act; or
(b)a law of another State, the Commonwealth or of another country.
(3)Also, a reference in subsection (1) to the liability of an employer does not include a liability to pay damages for loss of consortium resulting from injury sustained by a worker.

Division 2 Workers

11Who is a worker

(1)A worker is a person who—
(a)works under a contract; and
(b)in relation to the work, is an employee for the purpose of assessment for PAYG withholding under the Taxation Administration Act 1953 (Cwlth), schedule 1 , part 2-5.
(2)Also, schedule 2 , part 1 sets out who is a worker in particular circumstances.
(3)However, schedule 2 , part 2 sets out who is not a worker in particular circumstances.
(4)Only an individual can be a worker for this Act.

s 11 sub 2004 No. 45s 4

amd 2013 No. 29s 71

Division 3 Persons entitled to compensation other than workers

Subdivision 1A Preliminary

sdiv hdg ins 2016 No. 44s 6

11ACompensation to which this division does not apply

In this division, a reference to an entitlement to compensation does not include an entitlement to compensation under chapter 4A.

s 11A ins 2016 No. 44s 6

Subdivision 1 Volunteers etc.

12Entitlements of persons mentioned in sdiv 1

(1)A person mentioned in this subdivision who is covered under a contract of insurance entered into with WorkCover for this subdivision has, subject to this subdivision—
(a)an entitlement to weekly payments of compensation under chapter 3, part 9, division 4, subdivision 3 and division 5, subdivision 1; and
(b)for all other entitlements—the same entitlements to compensation as a worker.
(2)The contract must not cover the payment of damages for injury sustained by the person.
(2A)However, the contract must cover the payment of damages if the person is a specified volunteer firefighter who sustains an injury that is a specified disease.

Note—

See also section 236A about the application of chapter 5 to specified volunteer firefighters.
(3)For the purpose of the contract, in the application of the definition injury to the person—
(a)the activity covered by the contract is taken to be the person’s employment; and
(b)the party with whom WorkCover enters the contract is taken to be the person’s employer.

s 12 amd 2003 No. 85s 28 sch; 2015 No. 13s 14 (retro)

13Particular persons under Disaster Management Act 2003

(1)WorkCover may enter into a contract of insurance for this subdivision with the commissioner under the Fire and Emergency Services Act 1990 .
(2)The contract may cover—
(a)a member of the State Emergency Service or an emergency service unit under the Fire and Emergency Services Act 1990 ; or
(b)a person required to give reasonable help under section 77 (1)(q), 107(2)(h) or 112(3)(g) of that Act; or
(c)another person performing a function or exercising a power under that Act.
(3)A person covered by the contract is entitled to compensation for injury sustained only while engaged in disaster operations or performing an emergency function, or participating in an activity arising out of, or in the course of, disaster operations or performing an emergency function, including training.
(4)In this section—
disaster operations see the Disaster Management Act 2003 , section 15 .
emergency function means a function of the State Emergency Service or an emergency service unit under the Fire and Emergency Services Act 1990 .

s 13 amd 2003 No. 91s 175sch 1; 2014 No. 17s 184sch 1 pt 4

14Rural fire brigade member

(1)WorkCover may enter into a contract of insurance for this subdivision with the authority responsible for management of a rural fire brigade under the Fire and Emergency Services Act 1990 .
(2)The contract may cover a member of the rural fire brigade.
(3)A person covered by the contract is entitled to compensation for injury sustained only while performing duties, including being trained, as a member of the rural fire brigade.
(4)However, a person covered by the contract is also entitled to compensation if the person is a specified volunteer firefighter who sustains an injury that is a specified disease.
(5)Subsections (3) and (4) do not limit section 12 (2A).

s 14 amd 2014 No. 17s 184sch 1 pts 2, 4; 2015 No. 13s 15 (retro)

15Volunteer firefighter or volunteer fire warden

(1)WorkCover may enter into a contract of insurance for this subdivision with the authority responsible for the management of the State’s fire services.
(2)The contract may cover a volunteer firefighter or a volunteer fire warden (volunteer).
(3)A person covered by the contract is entitled to compensation for injury sustained only while attending at a fire, or practising, or performing any other duty, as a volunteer.
(4)However, a person covered by the contract is also entitled to compensation if the person is a specified volunteer firefighter who sustains an injury that is a specified disease.
(5)Subsections (3) and (4) do not limit section 12 (2A).

s 15 amd 2015 No. 13s 16 (retro)

16Local government, statutory or industrial body member

(1)WorkCover may enter into a contract of insurance for this subdivision with a local government, statutory body, industrial union of employees or employers or an association of employers or a similar body of a public nature (public body).
(2)The contract may cover a councillor, member, delegate or similar person of the public body (member).
(3)A person covered by the contract is entitled to compensation for injury sustained only while attending meetings of the public body or performing any other duty of office as a member.

Note—

A local government councillor can also be covered by a self-insurer’s licence—see chapter 2 (Employer’s obligations), part 4 (Employer’s self-insurance), division 1A (Local government self-insurers).

s 16 amd 2003 No. 85s 28 sch

17Honorary ambulance officers

(1)WorkCover may enter into a contract of insurance for this subdivision with the authority responsible for the State’s ambulance transport.
(2)The contract may cover an honorary ambulance officer (volunteer).
(3)A person covered by the contract is entitled to compensation for injury sustained only while performing a duty required of the person as a volunteer.

18Person in voluntary or honorary position with religious, charitable or benevolent organisation

(1)WorkCover may enter into a contract of insurance for this subdivision with a church, non-profit charitable organisation or benevolent institution (institution).
(2)The contract may cover a person in a voluntary or honorary position with the institution (volunteer).
(3)A person covered by the contract is entitled to compensation for injury sustained only while engaged on a specific capital undertaking of the institution and performing a duty required by or for the institution for the undertaking, as a volunteer.

19Person in voluntary or honorary position with non-profit organisation

(1)WorkCover may enter into a contract of insurance for this subdivision with a non-profit organisation.
(2)The contract may cover a person in a voluntary or honorary position with the organisation (volunteer).
(3)A person covered by the contract is entitled to compensation for injury sustained only while attending meetings and performing any other duty the organisation requires, as a volunteer.

Subdivision 2 Persons performing community service etc.

20Entitlements of persons mentioned in sdiv 2

(1)A person mentioned in this subdivision who is covered under a contract of insurance entered into with WorkCover for this subdivision has, subject to this subdivision—
(a)an entitlement to weekly payments of compensation under chapter 3, part 9, division 4, subdivision 3 and division 5, subdivision 1; and
(b)for all other entitlements—the same entitlements to compensation as a worker.
(2)The contract does not cover payment of damages for injury sustained by the person.
(3)For the purpose of the contract, in the application of the definition injury to the person—
(a)the activity covered by the contract is taken to be the person’s employment; and
(b)the party with whom WorkCover enters the contract is taken to be the person’s employer.

s 20 amd 2003 No. 85s 28 sch

21Persons performing community service or unpaid duties

(1)WorkCover may enter into a contract of insurance for this subdivision with the authority responsible for directing the performance of—
(a)community service under a community service order or fine option order under the Penalties and Sentences Act 1992 ; or
(b)community service under a community service order under any other Act; or
(c)a work related activity or program as part of an order or program under the Youth Justice Act 1992 , other than an activity or program performed while in the custody of the chief executive (corrective services).

Note—

For the definition chief executive (corrective services), see the Acts Interpretation Act 1954 , schedule 1 .
(2)The contract may cover a person performing the community service or the work related activity or program.
(3)A person covered by the contract is entitled to compensation for injury sustained only while performing the community service or the work related activity or program.

s 21 amd 2009 No. 34s 45(1) sch pt 1 amdt 34; 2010 No. 24s 3 sch; 2013 No. 39s 111sch 4

Subdivision 3 Students

22Students

(1)WorkCover may enter into—
(a)a contract of insurance for this subdivision with the authority through which is administered the Education (Work Experience) Act 1996 in relation to a State student; or
(b)a contract of insurance for this subdivision with the person having control of a non-State school in relation to a student enrolled at the school who is 14 or over; or
(c)a contract of insurance for this subdivision with a registered training organisation attended by a vocational placement student.
(2)The contract may cover the student for injury arising out of, or in the course of, work experience or vocational placement as provided under a regulation but must not cover a student for damages.
(3)The student has the entitlement to compensation for injury that is provided under a regulation.
(4)In this section—
non-State school means a school that is provisionally accredited, or accredited, under the Education (Accreditation of Non-State Schools) Act 2001 .
registered training organisation see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3 .
State student means a student defined in the Education (Work Experience) Act 1996 , dictionary.

s 22 amd 2003 No. 63s 60 sch; 2014 No. 25s 223sch 1 pt 2

Subdivision 4 Eligible persons

23Meaning of eligible person

An eligible person is an individual who, other than as a worker, receives remuneration or other benefit for performing work, or providing services as—
(a)a contractor; or
(b)a self-employed individual; or
(c)a director of a corporation; or
(d)a trustee; or
(e)a member of a partnership.

24Eligible person may apply to be insured

WorkCover must enter into a contract of insurance for this subdivision with an eligible person who wishes to enter into a contract of insurance with WorkCover for this subdivision.

25Entitlements of eligible persons

(1)A person mentioned in this subdivision who is covered under a contract of insurance entered into with WorkCover for this subdivision has, subject to this subdivision—
(a)an entitlement to weekly payments of compensation under chapter 3, part 9, division 4, subdivision 4 and division 5, subdivision 2; and
(b)for all other entitlements—the same entitlements to compensation as a worker.
(2)The contract does not cover payment of damages for injury sustained by the person.

Subdivision 5 Other persons

26Other persons

(1)WorkCover may enter into a contract of insurance for this subdivision with a person (the insured person), whether or not an employer, for injury sustained by other persons.
(2)The contract may cover a person who performs work or provides a service from which the insured person gains a benefit for the same entitlements provided to a worker under this Act.
(3)Cover under the contract must not exceed the cover available under this Act for—
(a)compensation; or
(b)damages.

Division 4 Spouses, members of the family and dependants

27Meaning of dependant

A dependant, of a deceased worker, is a member of the deceased worker’s family who was completely or partly dependent on the worker’s earnings at the time of the worker’s death or, but for the worker’s death, would have been so dependent.

28Meaning of member of the family

A person is a member of the family of a deceased worker, if the person is—
(a)the worker’s—
(i)spouse; or
(ii)parent, grandparent or step-parent; or
(iii)child, grandchild or stepchild; or
(iv)brother, sister, half-brother or half-sister; or
(b)if the worker stands in the place of a parent to another person—the other person; or
(c)if another person stands in the place of a parent to the deceased worker—the other person.

s 28 amd 2010 No. 24s 3 sch

29Who is the spouse of a deceased worker

(1)The spouse, of a deceased worker, includes the worker’s de facto partner only if the worker and the de facto partner lived together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA
(a)generally—
(i)for a continuous period of at least 2 years ending on the worker’s death; or
(ii)for a shorter period ending on the deceased’s death, if the circumstances of the de facto relationship of the deceased and the de facto partner evidenced a clear intention that the relationship be a long-term, committed relationship; or
(b)if the deceased left a dependant who is a child of the relationship—immediately before the worker’s death.
(2)In this section—
child of the relationship means a child of the worker and the de facto partner, and includes a child born after the worker’s death.
dependant includes a child born after the worker’s death who would have been completely or partly dependent on the worker’s earnings after the child’s birth if the worker had not died.

Division 5 Employers

30Who is an employer

(1)An employer is a person who engages a worker to perform work.
(2)Also, schedule 3 sets out who is an employer in particular circumstances.
(3)To remove doubt, a reference to an employer of a worker who sustains an injury is a reference to the employer out of whose employment, or in the course of whose employment, the injury arose.
(4)In this section—
contract includes agreement and arrangement.
person includes—
(a)a government entity; and
(b)the legal personal representative of a deceased individual.

s 30 sub 2004 No. 45s 5

amd 2013 No. 29s 72

Division 6 Injuries, impairment and terminal condition

div hdg sub 2005 No. 50s 3 sch

Subdivision 1 Event resulting in injury

31Meaning of event

(1)An event is anything that results in injury, including a latent onset injury, to a worker.
(2)An event includes continuous or repeated exposure to substantially the same conditions that results in an injury to a worker.
(3)A worker may sustain 1 or multiple injuries as a result of an event whether the injury happens or injuries happen immediately or over a period.
(4)If multiple injuries result from an event, they are taken to have happened in 1 event.

s 31 amd 2005 No. 50s 3 sch

Subdivision 2 Injury

32Meaning of injury

(1)An injury is personal injury arising out of, or in the course of, employment if—
(a)for an injury other than a psychiatric or psychological disorder—the employment is a significant contributing factor to the injury; or
(b)for a psychiatric or psychological disorder—the employment is the major significant contributing factor to the injury.
(2)However, employment need not be a contributing factor to the injury if section 34 (2) or 35 (2) applies.
(3)Injury includes the following—
(a)a disease contracted in the course of employment, whether at or away from the place of employment, if the employment is a significant contributing factor to the disease;
(b)an aggravation of the following, if the aggravation arises out of, or in the course of, employment and the employment is a significant contributing factor to the aggravation—
(i)a personal injury other than a psychiatric or psychological disorder;
(ii)a disease;
(iii)a medical condition other than a psychiatric or psychological disorder, if the condition becomes a personal injury or disease because of the aggravation;
(ba)an aggravation of a psychiatric or psychological disorder, if the aggravation arises out of, or in the course of, employment and the employment is the major significant contributing factor to the aggravation;
(c)loss of hearing resulting in industrial deafness if the employment is a significant contributing factor to causing the loss of hearing;
(d)death from injury arising out of, or in the course of, employment if the employment is a significant contributing factor to causing the injury;
(e)death from a disease mentioned in paragraph (a), if the employment is a significant contributing factor to the disease;
(f)death from an aggravation mentioned in paragraph (b), if the employment is a significant contributing factor to the aggravation.
(4)For subsection (3)(b) and (ba), to remove any doubt, it is declared that an aggravation mentioned in the provision is an injury only to the extent of the effects of the aggravation.
(5)Despite subsections (1) and (3), injury does not include a psychiatric or psychological disorder arising out of, or in the course of, any of the following circumstances—
(a)reasonable management action taken in a reasonable way by the employer in connection with the worker’s employment;
(b)the worker’s expectation or perception of reasonable management action being taken against the worker;
(c)action by the Regulator or an insurer in connection with the worker’s application for compensation.

Examples of actions that may be reasonable management actions taken in a reasonable way—

action taken to transfer, demote, discipline, redeploy, retrench or dismiss the worker
a decision not to award or provide promotion, reclassification or transfer of, or leave of absence or benefit in connection with, the worker’s employment

s 32 amd 2004 No. 45s 6; 2013 No. 52 ss 59, 114 sch 2

Subdivision 3 When injury arises out of, or in the course of, employment

33Application of sdiv 3

This subdivision does not limit the circumstances in which an injury to a worker arises out of, or in the course of, the worker’s employment.

34Injury while at or after worker attends place of employment

(1)An injury to a worker is taken to arise out of, or in the course of, the worker’s employment if the event happens on a day on which the worker has attended at the place of employment as required under the terms of the worker’s employment—
(a)while the worker is at the place of employment and is engaged in an activity for, or in connection with, the employer’s trade or business; or
(b)while the worker is away from the place of employment in the course of the worker’s employment; or
(c)while the worker is temporarily absent from the place of employment during an ordinary recess if the event is not due to the worker voluntarily subjecting themself to an abnormal risk of injury during the recess.
(2)For subsection (1)(c), employment need not be a contributing factor to the injury.

s 34 amd 2013 No. 52s 60

35Other circumstances

(1)An injury to a worker is also taken to arise out of, or in the course of, the worker’s employment if the event happens while the worker—
(a)is on a journey between the worker’s home and place of employment; or
(b)is on a journey between the worker’s home or place of employment and a trade, technical or other training school—
(i)that the worker is required under the terms of the worker’s employment to attend; or
(ii)that the employer expects the worker to attend; or
(c)for an existing injury for which compensation is payable to the worker—is on a journey between the worker’s home or place of employment and a place—
(i)to obtain medical or hospital advice, attention or treatment; or
(ii)to undertake rehabilitation; or
(iii)to submit to examination by a registered person under a provision of this Act or to a requirement under this Act; or
(iv)to receive payment of compensation; or
(d)is on a journey between the worker’s place of employment with 1 employer and the worker’s place of employment with another employer; or
(e)is attending a school mentioned in paragraph (b) or a place mentioned in paragraph (c).
(2)For subsection (1), employment need not be a contributing factor to the injury.
(3)For subsection (1), a journey from or to a worker’s home starts or ends at the boundary of the land on which the home is situated.
(4)In this section—
home, of a worker, means the worker’s usual place of residence, and includes a place where the worker—
(a)temporarily resided before starting a journey mentioned in this section; or
(b)intended to temporarily reside after ending a journey mentioned in this section.

s 35 amd 2013 No. 52s 61

36Injury that happens during particular journeys

(1)This section applies if a worker sustains an injury in an event that happens during a journey mentioned in section 35 .
(2)The injury to the worker is not taken to arise out of, or in the course of, the worker’s employment if the event happens—
(a)while the worker is in control of a vehicle and contravenes—
(i)the Transport Operations (Road Use Management) Act 1995 , section 79 , or a corresponding law, if the contravention is the major significant factor causing the event; or
(ii)the Criminal Code , section 328A or a corresponding law, if the contravention is the major significant factor causing the event; or
(b)during or after—
(i)a substantial delay before the worker starts the journey; or
(ii)a substantial interruption of, or deviation from, the journey.
(3)However, subsection (2)(b) does not apply if—
(a)the reason for the delay, interruption or deviation is connected with the workers’ employment; or
(b)the delay, interruption or deviation arises because of circumstances beyond the worker’s control.
(4)For subsection (2)(b)(i), in deciding whether there has been a substantial delay before the worker starts the journey, regard must be had to the following matters—
(a)the reason for the delay;
(b)the actual or estimated period of time for the journey in relation to the actual or estimated period of time for the delay.
(5)For subsection (2)(b)(ii), in deciding whether there has been a substantial interruption of, or deviation from the journey, regard must be had to the following matters—
(a)the reason for the interruption or deviation;
(b)the actual or estimated period of time for the journey in relation to the actual or estimated period of time for the interruption or deviation;
(c)for a deviation—the distance travelled for the journey in relation to the distance travelled for the deviation.
(6)In subsection (2)(a)(i) and (ii)—
corresponding law means a law of another State that is substantially equivalent—
(a)for subsection (2)(a)(i)—to the law mentioned in that provision; or
(b)for subsection (2)(a)(ii)—to the law mentioned in that provision.

Subdivision 3A When latent onset injuries arise

sdiv hdg ins 2005 No. 50s 6

36ADate of injury

(1)This section applies if a person—
(a)is diagnosed by a doctor after the commencement of this section as having a latent onset injury; and
(b)applies for compensation for the latent onset injury.
(2)The following questions are to be decided under the relevant compensation Act as in force when the injury was sustained—
(a)whether the person was a worker under the Act when the injury was sustained;
(b)whether the injury was an injury under the Act when it was sustained.
(2A)However, subsection (2)(b) does not apply if the latent onset injury is a specified disease and section 36D applies to the person.
(3)Section 131 applies to the application for compensation as if the entitlement to compensation arose on the day of the doctor’s diagnosis.
(4)Subject to subsections (2) and (3), this Act applies in relation to the person’s claim as if the date on which the injury was sustained is the date of the doctor’s diagnosis.
(5)To remove any doubt, it is declared that nothing in subsection (4) limits section 236 .
(6)Subsections (2) to (4) have effect despite section 603 .
(7)In this section—
relevant compensation Act means this Act or a former Act.

s 36A amd 2015 No. 13s 17 (retro)

Subdivision 3B Injuries sustained by firefighters

sdiv hdg ins 2015 No. 13s 18 (retro)

36BDefinitions for sdiv 3B

In this subdivision—
employ includes engage.
firefighter means—
(a)a fire officer under the Fire and Emergency Services Act 1990 ; or
(b)a member of a rural fire brigade registered under the Fire and Emergency Services Act 1990 , section 79 ; or
(c)a volunteer firefighter or volunteer fire warden engaged by the authority responsible for the management of the State’s fire services; or
(d)a person appointed or employed under the repealed Fire Brigades Act 1964, section 24; or
(e)a person appointed or employed under the repealed Rural Fires Act 1946, section 9.
specified disease means a disease mentioned in schedule 4A , column 1.

s 36B ins 2015 No. 13s 18 (retro)

36DPresumption of injury

(1)This section applies to a person who—
(a)is diagnosed by a doctor for the first time as having a specified disease; and
(b)at any time before the diagnosis, was employed as a firefighter for at least the number of years mentioned in schedule 4A , column 2 opposite the specified disease.
(2)For the purposes of an entitlement to compensation, the specified disease is taken to be an injury.
(3)However, this section does not apply if it is proved that—
(a)the specified disease did not arise out of, or in the course of, the person’s employment as a firefighter; or
(b)the person’s employment as a firefighter is not a significant contributing factor to the specified disease.

s 36D ins 2015 No. 13s 18 (retro)

36EDeciding number of years

(1)This section applies for deciding the number of years of the person’s employment as a firefighter for section 36D (1)(b).
(2)A period of 12 months may be included only if, throughout the period, the person—
(a)was employed for the purpose of firefighting; and
(b)attended fires to the extent reasonably necessary to fulfil the purpose of the person’s employment.
(3)However, the number of years may be made up by taking into account—
(a)more than 1 period of employment; or
(b)periods of employment as more than 1 type of firefighter.

Example—

A person was employed for firefighting and attended fires for 10 years before working in administrative and management roles for another 20 years. For section 36D (1)(b), the person was employed as a firefighter for 10 years.
(4)In this section—
firefighting means extinguishing, controlling or preventing the spread of fires.

s 36E ins 2015 No. 13s 18 (retro)

Subdivision 3C Pneumoconiosis

sdiv hdg ins 2017 No. 27s 18

36FMeaning of pneumoconiosis score

A pneumoconiosis score is a score that—
(a)grades an injury that is pneumoconiosis; and
(b)is worked out using a chest x-ray in the way prescribed by regulation.

s 36F ins 2017 No. 27s 18

Subdivision 4 Impairment from injury

37Meaning of impairment

An impairment, from injury, is a loss of, or loss of efficient use of, any part of a worker’s body.

38Meaning of permanent impairment

A permanent impairment, from injury, is an impairment that is stable and stationary and not likely to improve with further medical or surgical treatment.

39[Repealed]

s 39 om 2013 No. 52s 4 (retro)

Subdivision 5 Terminal condition

sdiv hdg ins 2005 No. 50s 3 sch

39AMeaning of terminal condition

(1)A terminal condition, of a worker, is a condition certified by a doctor as being a condition that is expected to terminate the worker’s life within 2 years after the terminal nature of the condition is diagnosed.
(2)A condition is a terminal condition only if the insurer accepts the doctor’s diagnosis of the terminal nature of the condition.

s 39A (prev s 234) renum and reloc 2005 No. 50s 3 sch

Division 7 Rehabilitation

40Meaning of rehabilitation

(1)Rehabilitation, of a worker, is a process designed to—
(a)ensure the worker’s earliest possible return to work; or
(b)maximise the worker’s independent functioning.
(2)Rehabilitation includes—
(a)necessary and reasonable—
(i)suitable duties programs; or
(ii)services provided by a registered person; or
(iii)services approved by an insurer; or
(b)the provision of necessary and reasonable aids or equipment to the worker.
(3)The purpose of rehabilitation is—
(a)to return the worker to the worker’s pre-injury duties; or
(b)if it is not feasible to return the worker to the worker’s pre-injury duties—to return the worker, either temporarily or permanently, to other suitable duties with the worker’s pre-injury employer; or
(c)if paragraph (b) is not feasible—to return the worker, either temporarily or permanently, to other suitable duties with another employer; or
(d)if paragraphs (a), (b) and (c) are not feasible—to maximise the worker’s independent functioning.

s 40 sub 2005 No. 50s 7

41Meaning of rehabilitation and return to work coordinator

A rehabilitation and return to work coordinator is a person who—
(a)is appropriately qualified to perform the functions of a rehabilitation and return to work coordinator under this Act; and
(b)has the functions prescribed under a regulation.

s 41 amd 2005 No. 50s 3 sch

sub 2005 No. 50s 8

amd 2007 No. 52s 5; 2013 No. 52s 62

42Meaning of suitable duties

Suitable duties, in relation to a worker, are work duties for which the worker is suited having regard to the following matters—
(a)the nature of the worker’s incapacity and pre-injury employment;
(b)relevant medical information;
(c)the rehabilitation and return to work plan for the worker;
(d)the provisions of the employer’s workplace rehabilitation policy and procedures;
(e)the worker’s age, education, skills and work experience;
(f)if duties are available at a location (the other location) other than the location in which the worker was injured—whether it is reasonable to expect the worker to attend the other location;
(g)any other relevant matters.

s 42 amd 2005 No. 50s 9

43Meaning of workplace rehabilitation

Workplace rehabilitation is a system of rehabilitation that is initiated or managed by an employer.

s 43 amd 2013 No. 52s 114sch 2; 2015 No. 13s 23

44Meaning of workplace rehabilitation policy and procedures

Workplace rehabilitation policy and procedures are written policy and procedures for workplace rehabilitation.

s 44 amd 2013 No. 52s 114sch 2; 2015 No. 13s 24

45Meaning of accredited workplace

An accredited workplace is a workplace that has workplace rehabilitation policy and procedures.

Chapter 2 Employer’s obligations

Part 1 Employer’s legal liability

46Employer’s legal liability

(1)An employer is legally liable for compensation for injury sustained by a worker employed by the employer.
(2)This Act does not impose any legal liability on an employer for damages for injuries sustained by a worker employed by the employer, though chapter 5 regulates access to damages.

47WorkCover’s liability confined to compensation

WorkCover is not taken to be an employer of a worker because WorkCover has paid, is paying, or is liable to pay compensation to, or on account of, the worker.

Part 2 Employer’s insurance requirements

Division 1 General obligations

48Employer’s obligation to insure

(1)Every employer must, for each worker employed by the employer, insure and remain insured, that is, be covered to the extent of accident insurance, against injury sustained by the worker for—
(a)the employer’s legal liability for compensation; and
(b)the employer’s legal liability for damages.
(2)The obligation to insure under subsection (1)(b) does not include an obligation to insure for an employer’s legal liability for damages for which WorkCover is not authorised to indemnify the employer.
(3)The employer’s liability must be provided for—
(a)under a licence as a self-insurer under part 4; or
(b)under a WorkCover policy.
(4)WorkCover must not issue more than 1 policy for each employer.
(5)However, if the employer is the State, WorkCover may issue 1 policy for each department of government.

49Exemption if employer has other insurance

(1)WorkCover may exempt an employer from insuring under this Act if WorkCover is satisfied that the employer has similar insurance for the employer’s workers under another law.
(2)To exempt an employer, WorkCover must—
(a)be satisfied that the employer’s workers will not be disadvantaged; and
(b)obtain advice from the Regulator that the exemption will not adversely affect the workers’ compensation scheme.
(3)If an employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13.

s 49 amd 2013 No. 52s 114sch 2

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

50When an employer contravenes the general obligation to insure

An employer who is not a self-insurer contravenes section 48 if—
(a)within 5 business days after the employer starts to employ any worker or workers, the employer does not apply in the approved form to WorkCover for the policy required under section 48 ; or
(b)having taken out a policy required under section 48 , the employer does not maintain it in force at all times while being an employer by doing both of the following—
(i)making at the time and in the way required every annual or other periodic return required for all workers employed by the employer;
(ii)paying at the time and in the way required every premium payable for the policy or for its renewal for any year.

s 50 amd 2004 No. 45s 7; 2007 No. 52s 6

51Offence of contravening general obligation to insure

(1)An employer must not contravene section 48 .

Maximum penalty—275 penalty units.

(2)It is a defence to prove that at the time of the alleged contravention—
(a)the employer believed on reasonable grounds that the employer could not be liable under this Act in relation to the worker because under section 113 the worker’s employment was not connected with this State; and
(b)the employer had workers’ compensation cover in relation to the worker’s employment under the law of the State with which the employer believed on reasonable grounds the worker’s employment was connected under section 113 .
(3)In subsection (2)—
workers’ compensation cover means insurance or registration required under the law of a State in relation to liability for statutory workers’ compensation under that law.

52Offence to charge worker for compensation or damages for injury

A person must not, directly or indirectly, take or receive from a worker, whether by way of deduction from wages or otherwise, an amount for anyone’s legal liability as an employer for—
(a)compensation for injury that is, or may be, sustained by the worker; or
(b)damages for injury that is, or may be, sustained by the worker.

Maximum penalty—20 penalty units.

53Recovery of unlawful charge for compensation or damages for injury

(1)An amount taken or received from a worker in contravention of section 52 with or without the worker’s consent, may be recovered by the worker as a debt from—
(a)the person who took or received the amount; and
(b)if that person was acting for the worker’s employer in taking or receiving the money—the worker’s employer.
(2)A worker is not entitled to recover the amount more than once.

Part 3 Insurance under WorkCover policies generally

Division 1 Premium setting generally

54Setting of premium

(1)WorkCover must set the premium payable under a policy.
(2)The premium payable for the policy for a period of insurance must be assessed according to the method (the method) and at the rate (the rate) specified by WorkCover by gazette notice.
(3)If no rate is specified in the notice for an employer’s industry or business, WorkCover must decide the rate to be the rate applying to the industry or business classification specified in the notice that most closely describes the employer’s industry or business.
(3A)Without limiting subsection (2), the gazette notice may state a method or rate that provides for a premium payable by an employer in the event that the employer’s premium rate repeatedly exceeds the relevant industry rate.
(4)Before WorkCover publishes the gazette notice, it must notify the Minister of the proposed specification of method or rate.
(5)The specification is subject to any direction the Minister may make under section 481 .
(6)An assessment of premium must be made on the following basis—
(a)wages paid or estimated to be paid during the period of insurance—
(i)are taken to have been paid in equal weekly instalments during the period; or
(ii)if the employer establishes to WorkCover’s satisfaction the wages were paid by the employer in another way, are paid in the other way during the period;
(b)the premium payable for the period of insurance is according to the method and at the rate in force from time to time during the period.
(7)An employer to whom a premium notice is given must pay the premium as assessed by the due date.
(8)If the employer is a corporation and an administrator is appointed under the Corporations Act to administer the corporation, the administrator must pay the premium for the period during which the corporation is under administration.
(9)If an employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13.
(10)In this section—
employer’s premium rate means the premium rate calculated for the employer by using a formula that takes into account the number and cost of claims made against the employer’s policy during previous financial years.
relevant industry rate, in relation to an employer, means the industry or business classification rate applying to the industry or business classification—
(a)stated in the gazette notice under subsection (2) for the employer’s industry or business; or
(b)as decided by WorkCover under subsection (3)—for the industry or business that most closely describes the employer’s industry or business.

s 54 amd 2009 No. 38s 57; 2010 No. 24s 4; 2013 No. 52s 63

55Setting premium on change of ownership of business

(1)This section applies if a person (a new employer) acquires the whole or a part of a business from an employer (a former employer) who is currently insured under a policy with WorkCover.
(2)In calculating the premium payable by the new employer, WorkCover may have regard to the claims experience of the business under the former employer.
(3)In deciding whether to have regard to the claims experience of the business under a former employer, WorkCover may consider any relevant matter, including the following—
(a)if the new employer is an individual, whether the new employer is or was—
(i)a partner of the former employer; or
(ii)an officer or shareholder of the former employer; or
(iii)an officer or shareholder of a related body corporate of the former employer;
(b)if the new employer is a partnership, whether any of the partners of the new employer is or was—
(i)an individual who was the former employer; or
(ii)a partner of the former employer; or
(iii)an officer or shareholder of the former employer; or
(iv)an officer or shareholder of a related body corporate of the former employer;
(c)if the new employer is a body corporate, whether the new employer is or was a related body corporate of the former employer;
(d)if the new employer is a body corporate, whether any of the officers or shareholders of the new employer is or was—
(i)an individual who was the former employer; or
(ii)a partner of the former employer; or
(iii)an officer or shareholder of the former employer; or
(iv)an officer or shareholder of a related body corporate of the former employer.
(4)However, subsection (2) applies only if the predominant industry activity of the business remains the same as under the former employer.
(5)In this section—
officer has the meaning given by the Corporations Act.

56Reassessment of premium for policy

(1)This section applies if in either the latest period of insurance for an employer’s policy or any of the 3 preceding periods of insurance—
(a)WorkCover has made an assessment for an employer’s policy for the period of insurance; and
(b)WorkCover considers that the assessment does not accurately reflect the employer’s liability under the Act for the period.
(2)WorkCover may reassess the premium for the period and issue a reassessment premium notice for the period.
(3)WorkCover must reassess the premium—
(a)for any period starting on or after 1 July 2003—under this division; or
(b)for any period between 1 July 1997 and 30 June 2003—under the repealed WorkCover Queensland Act 1996 ; or
(c)for a period before 1 July 1997—under the repealed Workers’ Compensation Act 1990 .
(4)If, after the premium is reassessed, WorkCover is satisfied that premium for the period has been overpaid, WorkCover must refund or credit the amount of overpayment to the employer to whom the reassessment premium notice is given.
(5)If, after the premium is reassessed, WorkCover is satisfied that premium for the period has been underpaid, the employer to whom the reassessment premium notice is given must pay the premium as reassessed.
(6)If an employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13.
(7)This section does not limit another provision of this Act that—
(a)allows WorkCover to recover an amount, whether by way of penalty or otherwise; or
(b)creates an offence for a contravention of this Act.

Division 2 Assessments on contravention of general obligation to insure

57Recovery of compensation and unpaid premium

(1)This section applies if an employer contravenes section 48 .
(2)WorkCover may recover from the employer—
(a)the amount of unpaid premium together with a penalty equal to 100% of the unpaid premium; and
(b)if WorkCover has paid compensation or damages for an injury sustained by a worker when the employer was in contravention of section 48 in relation to the worker—the amount of the payment made together with a penalty equal to 50% of the payment.
(3)The employer may apply in writing to WorkCover to waive or reduce the penalty because of extenuating circumstances.
(4)The application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case.
(5)WorkCover must consider the application and may—
(a)waive or reduce the penalty; or
(b)refuse to waive or reduce the penalty.
(6)If the employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13.
(7)In this section—
worker means a worker employed by the employer.

58Default assessment on reasonable suspicion

(1)This section applies if WorkCover suspects on reasonable grounds that an employer has contravened section 48 .
(2)WorkCover may make a default assessment of premium based on the amounts WorkCover considers to be adequate cover.
(3)For subsection (2), WorkCover may have regard to—
(a)the probable wages paid or to be paid by the employer during the period of insurance for which the default assessment is made; and
(b)the nature of the employer’s industry or business.
(4)The amount of premium to be paid by the employer under the default assessment must be calculated according to the method and at the rate mentioned in section 54 .
(5)As soon as practicable after a default assessment is made, WorkCover must give the employer written notice of the assessment and of the amount of premium.
(6)The employer may, by written notice given to WorkCover, object to the default assessment within 15 business days of receiving the premium notice.
(7)The objection must specify the reasons that the employer considers the assessment is excessive.
(8)WorkCover must consider the objection and may—
(a)reassess the default assessment; or
(b)refuse to reassess the default assessment.
(9)If the employer is aggrieved by WorkCover’s decision under subsection (8), the employer may have the decision reviewed under chapter 13.
(10)If the employer does not object to the default assessment within 15 business days of receiving the premium notice, the amount of premium assessed and notified to the employer becomes payable immediately at the end of the 15 business days.
(11)WorkCover may act under this section even if WorkCover knows the employer has contravened section 48 .

s 58 amd 2004 No. 45s 3 sch

59Further assessment and recovery after payment of default assessment

Payment by an employer of the amount of a default assessment, or the amount as varied on objection, review or appeal by the employer, does not stop WorkCover—
(a)if WorkCover considers that the assessment does not accurately reflect the employer’s liability under the Act for the period—reassessing the default assessment; and
(b)if compensation has or damages have been paid for an injury sustained by a worker employed by the employer, recovering the amount paid together with a penalty equal to 50% of the payment mentioned in section 57 .

60Employer’s separate liabilities for 1 period of default

For any period an employer contravenes section 48 , the employer is liable—
(a)to a proceeding for an offence under section 51 ; and
(b)to a proceeding to recover an amount of premium or another amount under section 57 or 58 with or without a charge imposed by WorkCover, whether or not a proceeding is taken for an offence under section 51 .

Division 3 Additional premiums

61Additional premium payable if premium not paid

(1)An employer must pay WorkCover an additional premium calculated as prescribed under a regulation if—
(a)the employer is given a premium notice; and
(b)the employer does not pay WorkCover the amount specified in the notice on or before the due date.
(2)WorkCover may recover the amount of premium and additional premium payable to it by the employer.
(3)Until the employer has paid WorkCover the full amount specified in the notice and any additional premium payable, the employer is not covered by a policy.

62Further additional premium payable after appeal to industrial magistrate

(1)An employer must pay WorkCover an additional premium calculated as prescribed under a regulation if—
(a)the employer’s liability in relation to an assessment has been decided by an industrial magistrate or the industrial court; and
(b)the employer fails to pay WorkCover the amount by which the assessment is more than the amount of premium paid under section 551 (4) as a condition of the appeal to an industrial magistrate within 15 business days after the day the decision is made.
(2)WorkCover may recover the amount of the increase in assessment and additional premium payable to it by the employer.
(3)Until the employer has paid WorkCover the full amount of the increase in assessment and any additional premium payable, the employer is not covered by a policy.

s 62 amd 2004 No. 45s 3 sch

63Additional premium for out-of-State workers

(1)This section applies if a worker’s employment is not completely performed in the State.
(2)WorkCover may, from time to time, charge an additional premium on a policy issued to the worker’s employer in an amount that WorkCover considers necessary towards—
(a)providing for compensation or damages payable for injury to the worker; and
(b)covering the cost of administration of this Act in relation to the worker.

63AAdditional premium for ch 6A

(1)This section applies in relation to an employer who, before 1 January 2017, engaged a former coal worker to work in an industry that involved mining, loading, transporting or otherwise dealing with coal.
(2)WorkCover may charge an additional premium on a policy issued to the employer in an amount WorkCover considers necessary towards covering the cost of administering chapter 6A in relation to the former coal worker.

s 63A ins 2017 No. 27s 19

64WorkCover may waive or reduce additional premium

(1)This section applies if an employer is liable to pay WorkCover an additional premium.
(2)The employer may apply in writing to WorkCover to waive or reduce the additional premium because of extenuating circumstances.
(3)The application must specify the extenuating circumstances and the reasons the additional premium should be waived or reduced in the particular case.
(4)WorkCover must consider the application and may—
(a)waive or reduce the additional premium; or
(b)refuse to waive or reduce the additional premium.
(5)If the employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13.

Division 4 Employer’s liability for excess period

65What is the excess period

(1)The excess period, in relation to a worker who sustains an injury for which compensation is payable, is the period that starts on the day that the worker’s entitlement to compensation arises under chapter 3, part 7.
(2)The excess period ends at the end of the day that the amount of weekly compensation paid to the worker exceeds an amount prescribed under a regulation.

s 65 sub 2004 No. 45s 8

66Employer’s liability for excess period

(1)This section applies to—
(a)an employer who is not a self-insurer and who is, or is required to be, insured under a WorkCover policy; and
(b)a worker, other than a household worker employed by the employer, who sustains an injury for which compensation is payable.
(2)The employer must pay the worker an amount equal to the weekly payment of compensation that, if this section did not apply, would be payable to the worker by WorkCover for the excess period.
(3)WorkCover is not required to pay the compensation to the worker, subject to subsection (5).
(4)If the worker is employed by more than 1 employer when the worker sustains an injury, the amount under subsection (2)—
(a)must be paid by the employer in whose employment the injury was sustained; and
(b)is the amount that relates to the amount payable to the worker under a contract with that employer.
(5)If the employer fails to pay the amount to the worker within 10 business days after receiving notice from WorkCover that the worker’s application for compensation has been allowed, WorkCover must make the payment to the worker on the employer’s behalf.
(6)WorkCover may recover from the employer the amount of the payment made by it together with a penalty equal to 50% of the payment—
(a)as a debt under section 580 ; or
(b)as an addition to a premium payable by the employer.
(7)The employer may apply in writing to WorkCover to waive or reduce the penalty because of extenuating circumstances.
(8)The application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case.
(9)WorkCover must consider the application and may—
(a)waive or reduce the penalty; or
(b)refuse to waive or reduce the penalty.
(10)If the employer is dissatisfied with WorkCover’s decision, the employer may have the decision reviewed under chapter 13.
(11)This section does not limit section 50 .
(12)In this section—
household worker means a person employed solely in and about, or in connection with, a private dwelling house or the grounds of the dwelling house.

s 66 amd 2004 No. 45 ss 9, 3 sch; 2013 No. 29s 73

67Employer may not insure against payment for the excess period

An employer may not insure with WorkCover against the employer’s liability to pay for the excess period.

s 67 sub 2010 No. 24s 5

Part 4 Employer’s self-insurance

Division 1 Preliminary

68What is self-insurance

(1)Self-insurance allows an employer, under a licence under this part, to provide their own accident insurance for their workers, instead of insuring with WorkCover.
(2)A self-insurer has all the liabilities that WorkCover would have, if this part did not apply, for injuries sustained by the self-insurer’s workers arising out of events that start or happen before the issue of the licence and during the period of the licence.
(3)Certain functions and powers of WorkCover are provided to a self-insurer to enable the self-insurer to meet obligations in providing accident insurance.
(4)The way the self-insurer performs the functions and exercises the powers is regulated by the Regulator.

s 68 amd 2013 No. 52s 114sch 2

Division 1A Local government self-insurers

div hdg ins 2003 No. 85s 24

68ASelf-insurance for local governments

(1)A local government self-insurer may, under the self-insurer’s licence, also cover councillors of a local government.
(2)If councillors of a local government are covered under a local government self-insurer’s licence, each councillor of the local government is covered under the licence.
(3)A local government self-insurer must, when advising councillors of its decision to cover them, also advise the Regulator of the decision.

s 68A ins 2003 No. 85s 24

amd 2013 No. 52s 114sch 2

68BEntitlements of local government councillors

(1)A councillor covered under a local government’s self-insurer’s licence is entitled under the licence to compensation from the local government to which the councillor is elected or appointed for injury sustained by the councillor while—
(a)attending meetings of the local government; or
(b)performing any other duty of office as a councillor.
(2)The councillor has, subject to this section—
(a)an entitlement to weekly payments of compensation under chapter 3, part 9, division 4, subdivision 3 and division 5, subdivision 1; and
(b)for all other entitlements—the same entitlements to compensation as a worker.
(3)The councillor is not covered for payment of damages for injury sustained by the councillor.
(4)In the application of the definition injury to the councillor—
(a)the activity mentioned in subsection (1)(a) or (b) is taken to be the councillor’s employment; and
(b)the local government to which the councillor is elected or appointed is taken to be the councillor’s employer.

s 68B ins 2003 No. 85s 24

68CLocal government self-insurer’s liability for injury to councillors

If a local government self-insurer’s licence covers councillors, the only liability the self-insurer has under the licence in relation to a councillor is the liability to pay the compensation to which a councillor is entitled under section 68B for the total of the accrued, continuing, future and contingent liabilities for all injuries sustained, during the period of the licence, by the councillor in the circumstances mentioned in section 68B .

s 68C ins 2003 No. 85s 24

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

69Who may apply to be a self-insurer

(1)The following employers may apply to be licensed as a self-insurer—
(a)a single employer;
(b)a group employer.
(2)A body corporate may only apply as a single employer if no other related bodies corporate to which it is related employs workers in Queensland.
(3)A related bodies corporate group employer may only apply for a licence if all related bodies corporate that employ workers in Queensland are included in the application.
(4)The Regulator may issue a licence to an employer only if the employer can satisfy the requirements stated in this part.

s 69 amd 2013 No. 52s 114sch 2

70How the application is made

The application must—
(a)be made to the Regulator in the approved form; and
(b)for a group employer—be made by all the members of the group wanting to be licensed; and
(c)be accompanied by the fee prescribed under a regulation.

s 70 amd 2013 No. 52s 114sch 2

71Issue or renewal of licence to a single employer

(1)The Regulator may issue or renew a licence to be a self-insurer to a single employer only if satisfied that—
(a)the number of full-time workers employed in Queensland by the employer is at least 2000; and
(c)the employer’s occupational health and safety performance is satisfactory; and
(d)the licence will cover all workers, employed in Queensland, of the employer; and
(e)the employer has given the Regulator the security required under section 84 ; and
(f)the employer has the reinsurance cover required under section 86 ; and
(g)all workplaces of the employer—
(i)are accredited workplaces; or
(ii)if not accredited workplaces—
(A)are adequately serviced by a rehabilitation and return to work coordinator who is in Queensland and employed by the employer under a contract (regardless of whether the contract is a contract of service); and
(B)have workplace rehabilitation policies and procedures; and
(h)the employer is fit and proper to be a self-insurer.
(2)However, if the Regulator is not satisfied of 1 or more matters mentioned in subsection (1)(a) to (g), the Regulator may still issue or renew a licence to be a self-insurer to a single employer if the Regulator is satisfied that, despite the Regulator not being satisfied of the matters—
(a)special circumstances justify the issue or renewal of the licence; and
(b)the employer can appropriately—
(i)perform the functions and exercise the powers of a self-insurer; and
(ii)meet the obligations of a self-insurer.
(3)Without limiting subsection (2)(a), special circumstances that may justify the issue or renewal of a licence to be a self-insurer to a single employer who fails to satisfy the Regulator only of the matter mentioned in subsection (1)(a) include the following—
(a)the employer—
(i)holds a current licence to be a self-insurer under the laws of 2 or more other jurisdictions; and
(ii)has demonstrated a history of compliance with those laws and the conditions of those licences, and of acting reasonably in the performance of functions and exercise of powers under those laws or licences;
(b)for a renewal of a licence—the employer has demonstrated a history of compliance with this Act and the conditions of the licence, and of acting reasonably in the performance of functions and exercise of powers under this Act or the licence.
(4)If, for a single employer, the Regulator is not satisfied of the matter mentioned in subsection (1)(a) only, the Regulator may still issue a licence to be a self-insurer to the employer if—
(a)the employer held a licence (the former licence) to be a self-insurer under this section within the previous 5 years; and
(b)the former licence was not cancelled under this Act; and
(c)after the former licence ended, the employer was not at any time a related body corporate with another employer for the purpose of the grant of a licence to be a self-insurer under section 72 ; and
(d)the Regulator is satisfied the number of full-time workers employed in Queensland by the employer is at least the number of full-time workers that were required under subsection (1)(a) as in force when the former licence was granted.
(5)Also, the Regulator may renew a licence to be a self-insurer issued to a single employer under subsection (4) who fails to satisfy the Regulator only of the matter mentioned in subsection (1)(a) if the Regulator is still satisfied of the matter mentioned in subsection (4)(d).
(6)For subsection (1)(c), the Regulator must ask the chief executive of the department within which the Work Health and Safety Act 2011 is administered to prepare an OHS report about the employer’s occupational health and safety performance.
(7)In this section—
jurisdiction means the Commonwealth or a State.

s 71 amd 2005 No. 50s 10; 2007 No. 23s 63; 2011 No. 18s 404sch 4 pt 1; 2013 No. 31s 78B; 2013 No. 52s 114sch 2; 2016 No. 44s 7

72Issue or renewal of licence to a group employer

(1)The Regulator may issue or renew a licence to be a self-insurer to a group employer only if satisfied that—
(a)the applicant is a group employer; and
(b)the combined number of full-time workers employed in Queensland by all members of the group is at least 2000; and
(d)the group employer’s occupational health and safety performance is satisfactory; and
(e)the licence will cover all workers, employed in Queensland, of the group employer; and
(f)the group employer has given the Regulator the security required under section 84 ; and
(g)the group employer has the reinsurance cover required under section 86 ; and
(h)all workplaces of each member of the group—
(i)are accredited workplaces; or
(ii)if not accredited workplaces—
(A)are adequately serviced by a rehabilitation and return to work coordinator who is in Queensland and employed by the group employer or a member of the group under a contract (regardless of whether the contract is a contract of service); and
(B)have workplace rehabilitation policies and procedures; and
(i)the group employer is fit and proper to be a self-insurer.
(2)However, if the Regulator is not satisfied of 1 or more matters mentioned in subsection (1)(a) to (h), the Regulator may still issue or renew a licence to be a self-insurer to a group employer if the Regulator is satisfied that, despite the Regulator not being satisfied of the matters—
(a)special circumstances justify the issue or renewal of the licence; and
(b)the employer can appropriately—
(i)perform the functions and exercise the powers of a self-insurer; and
(ii)meet the obligations of a self-insurer.
(3)Without limiting subsection (2)(a), special circumstances that may justify the issue or renewal of a licence to be a self-insurer to a group employer who fails to satisfy the Regulator only of the matter mentioned in subsection (1)(b) include the following—
(a)the employer—
(i)holds a current licence to be a self-insurer under the laws of 2 or more other jurisdictions; and
(ii)has demonstrated a history of compliance with those laws and the conditions of those licences, and of acting reasonably in the performance of functions and exercise of powers under those laws or licences;
(b)for a renewal of a licence—the employer has demonstrated a history of compliance with this Act and the conditions of the licence, and of acting reasonably in the performance of functions and exercise of powers under this Act or the licence.
(4)For subsection (1)(d), the Regulator must ask the chief executive of the department within which the Work Health and Safety Act 2011 is administered to prepare an OHS report about the group employer’s occupational health and safety performance.
(5)In this section—
jurisdiction means the Commonwealth or a State.

s 72 amd 2005 No. 50s 11; 2007 No. 23s 64; 2011 No. 18s 404sch 4 pt 1; 2013 No. 31s 78C; 2013 No. 52s 114sch 2; 2016 No. 44s 53sch 1

73Calculation of the number of full-time workers

(1)For sections 71 (1)(a), 71(4)(d) and 72(1)(b), the number of full-time workers is calculated by—
(a)calculating the total number of ordinary time hours worked by the workers employed during a continuous 6-month period in the 1 year immediately before the application is given to the Regulator; and
(b)dividing the number of hours by 910.
(2)The whole number resulting from the division is the number of full-time workers.
(3)The continuous 6-month period is the period chosen by the applicant.

s 73 amd 2013 No. 52s 114sch 2; 2016 No. 44s 53sch 1

73ACalculation of the number of full-time workers for local government self-insurers

To remove any doubt, it is declared that if a local government self-insurer’s licence covers councillors, the number of ordinary time hours worked by a councillor is not to be taken into account for section 73 (1).

s 73A ins 2003 No. 85s 25

74Workers employed in Queensland

For sections 71 and 72 , a worker is employed in Queensland if the worker would have an entitlement for an injury under section 113 .

75Whether applicant fit and proper

(1)This section applies when the Regulator is deciding whether a single employer or group employer is fit and proper to be licensed or to have a licence renewed.
(2)The Regulator may consider any relevant matter and must consider the following matters—
(a)whether the single employer or group employer is, and is likely to continue to be, able to meet its liabilities;
(b)the long-term financial viability of the single employer or group employer evidenced by any relevant consideration including, for example, its level of capitalisation, profitability and liquidity;
(c)the resources and systems that the single employer or group employer has in Queensland for administering claims for compensation and managing rehabilitation of workers;
(d)whether the single employer or group employer will be able to give the information the Regulator may require in the way the Regulator may require;
(e)for an application for renewal of a licence—whether the self-insurer has performed the functions, or exercised the powers, under section 92 or 92A reasonably.

s 75 amd 2003 No. 85s 28 sch; 2013 No. 52s 114sch 2

76Audit of self-insurer

(1)The Regulator may carry out an audit of an applicant for self-insurance or a self-insurer to decide whether the applicant or self-insurer—
(a)satisfies section 71 (other than subsection (1)(c)) or 72 (other than subsection (1)(d)); and
(b)is fit and proper under section 75 ; and
(c)satisfies the conditions of the licence.
(2)The Regulator may engage the services of a person who, in the Regulator’s opinion, has appropriate qualifications and experience to carry out the audit.

s 76 amd 2010 No. 24s 3 sch; 2013 No. 52s 114sch 2

77Decision on application for the issue of a licence

(1)The Regulator must decide an application within 6 months of receiving it.
(2)If the Regulator refuses an application for the issue of a licence, the Regulator must give the applicant a written notice stating—
(a)it has refused the application; and
(b)the reasons for the refusal; and
(c)the applicant may make a written submission to the Regulator in further support of the application.
(3)The applicant may make a submission within 20 business days after the notice of refusal is given.
(4)The Regulator must consider the submission within 60 business days of receiving it and decide whether to confirm or change the decision to refuse the application.
(5)The Regulator must advise the applicant of its decision under subsection (4) within 5 business days after the decision is made.
(6)If the Regulator does not change its decision, it must advise the applicant that the applicant may appeal against the refusal under chapter 13.

s 77 amd 2004 No. 45s 3 sch; 2013 No. 52s 114sch 2

78Duration of licence

(1)A licence is issued for a period of 2 years.
(2)However, on an application for the renewal of a licence, the licence may be issued for a period of not more than 4 years.
(3)The period of the licence must be stated in the licence.

s 78 sub 2005 No. 50s 12

79Renewal of licence

(1)A licence may be renewed by application to the Regulator in the approved form.
(2)The self-insurer must apply to the Regulator at least 60 business days before the current licence period ends.
(3)If the self-insurer does not intend to renew the licence, the self-insurer must advise the Regulator of that fact at least 60 business days before the current licence period ends.
(4)In considering an application, the Regulator must consider whether the self-insurer has—
(a)complied with this Act and the conditions of the licence; and
(b)acted reasonably in relation to the functions and powers under section 92 or 92A .

s 79 amd 2003 No. 85s 28 sch; 2004 No. 45s 3 sch; 2013 No. 52s 114sch 2

80Refusal of application for renewal of a licence

(1)This section applies if the Regulator intends to refuse an application for the renewal of a licence.
(2)Before refusing the application, the Regulator must give the applicant a written notice stating—
(a)it proposes to refuse the application; and
(b)the reasons for the refusal; and
(c)the applicant may make a written submission to the Regulator in further support of the application; and
(d)a period, of at least 30 business days, at the end of which the refusal is to take effect (the review period).
(3)The applicant may make a submission within 15 business days after the notice is given.
(4)If a submission is made, the Regulator must—
(a)consider it; and
(b)decide whether to accept or refuse the application.
(5)The Regulator must advise the applicant of its decision before the end of the review period.
(6)If no submission is made within the time mentioned in subsection (3), the application is taken to be refused at the end of the review period.
(7)If the Regulator refuses the application, it must advise the applicant that the applicant may appeal against the refusal under chapter 13.
(8)Despite section 78 , if the period stated on the licence expires before the end of the review period, the licence period is taken to be extended to the end of the review period.

s 80 amd 2004 No. 45s 3 sch; 2013 No. 52s 114sch 2

81Annual levy payable

(1)A self-insurer must pay a levy for each financial year or part of a financial year of a licence.
(2)A regulation must prescribe the way the levy is calculated.
(3)The levy is to be set at the rate specified by the Regulator and approved by the Minister for each financial year.
(4)The Regulator must recommend the rate for each financial year to the Minister.
(5)The Regulator must consult with the Minister before giving the recommendation.
(6)The Regulator must publish the rate approved by the Minister in the gazette.
(7)The Regulator must give a self-insurer written notice of the amount of the levy.
(8)The self-insurer must pay the levy on or before the due date shown in the notice.
(9)If a self-insurer is aggrieved by the Regulator’s decision about the amount of levy payable, the self-insurer may appeal against the decision under chapter 13.

s 81 amd 2004 No. 45s 10; 2009 No. 38s 58; 2013 No. 52s 64

82Additional amount payable if levy not paid

(1)A self-insurer must pay the Regulator an additional amount calculated as prescribed under a regulation if—
(a)the self-insurer is given written notice of the amount of the levy; and
(b)the self-insurer does not pay the amount of levy specified in the notice on or before the due date.
(2)The Regulator may recover the amount of levy and the additional amount payable to it by the self-insurer.

s 82 amd 2013 No. 52s 114sch 2

83Conditions of licence

(1)A licence may be subject to—
(a)the conditions prescribed under a regulation; and
(b)any conditions, not inconsistent with this Act, imposed by the Regulator—
(i)on the issue or renewal of a licence; or
(ii)at any time during the period of the licence.

Note—

See also section 232ZI (3).
(2)The Regulator, by written notice to a self-insurer, may—
(a)impose conditions on the licence; or
(b)impose further conditions on the licence; or
(c)vary conditions imposed on the licence.
(3)A condition imposed is effective whether or not it is endorsed on the licence.
(4)A condition may be imposed in relation to a particular employer who is a member of a group employer.

s 83 amd 2013 No. 52s 114sch 2; 2016 No. 44s 53sch 1

84Security

(1)A self-insurer must lodge a security with the Regulator before the issue or renewal of a licence.
(2)The security must be—
(a)in favour of WorkCover; and
(b)150% of the self-insurer’s estimated claims liability.
(3)Also, if the security is a bank guarantee or financial guarantee, the security—
(a)must be irrevocable and unconditional, including not being conditional on—
(i)another right or obligation contained in another document; or
(ii)WorkCover proving that a demand has been made; and
(b)must be payable immediately on demand; and
(c)must not be given by an entity that is a related body corporate to the self-insurer; and
(d)must be satisfactory to the Regulator.
(4)The estimated claims liability—
(a)must be assessed annually by an actuary approved by the Regulator; and
(b)must be calculated in the way prescribed under a regulation.
(5)The security must remain in force or, if it is a cash deposit, the Regulator must hold the cash deposit—
(a)at all times during the period of the licence; and
(b)after cancellation of the licence, as required by section 102 .
(6)The security is not liable to be attached or levied on or made the subject of any debts or claims against the self-insurer by a person other than WorkCover.
(7)If a self-insurer lodges a financial guarantee under subsection (1) and the insurance company that gave the guarantee stops being an approved security provider, the self-insurer must—
(a)notify the Regulator of the matter without delay; and
(b) lodge another security under this section within 20 business days after the date of the notice given under paragraph (a).
(8)In this section—
approved security provider means an approved security provider as defined under the Financial and Performance Management Standard 2009 , section 36 .
bank guarantee means a guarantee given by a bank or the Queensland Treasury Corporation.
estimated claims liability means the actuarial estimate of—
(a)the liability for—
(i)claims expected to arise in the 12 months after the assessment; and
(ii)existing claims incurred for which a self-insurer is liable under section 68C or 87 ; less
(b)the total amount expected to be paid in the 12 months after the assessment.
financial guarantee means a security given by an insurance company that is an approved security provider.
security means—
(a)abank guarantee; or
(b)afinancial guarantee; or
(c)a cash deposit.

s 84 amd 2003 No. 85s 28 sch; 2004 No. 45s 11; 2013 No. 52s 114sch 2; 2016 No. 44s 8

85Investing cash deposit

(1)The Regulator may invest a cash deposit in an authorised investment decided by the Regulator.
(2)Interest on the deposit must be paid to the self-insurer at the end of each financial year.
(3)The Regulator may deduct from the interest the reasonable costs of administering the investment.
(4)In this section—
authorised investment means an investment authorised under the Statutory Bodies Financial Arrangements Act 1982 .

s 85 amd 2013 No. 52s 114sch 2

86Reinsurance

(1)A self-insurer must, before the issue or renewal of a licence—
(a)effect, with an approved insurer, a contract of reinsurance of liabilities approved by the Regulator; and
(b)give the Regulator a copy of the contract certified by the approved insurer.
(2)The self-insurer’s liability under the contract must be an amount chosen by the self-insurer that is not less than $300,000 or more than the set limit.
(3)The approved insurer’s liability under the contract must be for an unlimited amount in excess of the self-insurer’s liability for each event that may happen during the period of reinsurance.
(4)The contract—
(a)must be current for the period of the licence; and
(b)must not be cancelled or varied by the self-insurer, or the approved insurer, without the Regulator’s consent.
(5)The approved insurer must endorse the contract to the effect that it can not be cancelled or varied without the Regulator’s consent.
(6)In this section—
approved insurer means an insurer approved by the Australian Prudential Regulation Authority under the Insurance Act 1973 (Cwlth).
set limit means an amount of $1m or more set by the Regulator on application in the approved form by the self-insurer.

s 86 amd 2010 No. 24s 6; 2013 No. 52s 114sch 2

87Self-insurer replaces WorkCover in liability for injury

(1)A self-insurer is liable, to the exclusion of WorkCover’s or another self-insurer’s liability—
(a)for compensation and damages for the total of the accrued, continuing, future and contingent liabilities for all injuries sustained by a worker employed by the self-insurer that arise from an event happening during the period of the self-insurer’s licence (residual liability); and
(b)for the following (outstanding liability)—
(i)compensation for the total of the accrued, continuing, future and contingent liabilities for all injuries sustained by a worker that arise from an event happening or ending during the worker’s employment with the self-insurer before the self-insurer became licensed as a self-insurer;
(ii)compensation for the total of the accrued, continuing, future and contingent liabilities for all injuries, other than injuries mentioned in paragraph (a), sustained by a worker arising from an event ending during the worker’s employment with the self-insurer;
(iii)damages for the total of the accrued, continuing, future and contingent liabilities for all injuries, other than injuries mentioned in paragraph (a), sustained by a worker arising from an event starting or happening during the worker’s employment with the self-insurer before the self-insurer became licensed as a self-insurer.
(2)WorkCover must pay a self-insurer an amount for the self-insurer’s outstanding liability that is calculated under a regulation by an actuary.

88Liability of group employers

The members of a self-insurer that is a group employer are jointly and severally liable for any liability or duty imposed by this Act on the group or a member of the group.

s 88 amd 2003 No. 85s 28 sch

Division 3 Change to membership of self-insurer

89Change in self-insurer’s membership

(1)If a self-insurer that is a group employer intends to change the membership of the group, the self-insurer must, before the change, apply to the Regulator in writing for the change in the group membership on the licence.
(2)The Regulator must approve the application if it is satisfied that—
(a)the self-insurer, after the change, meets the requirements for a licence for a group employer; and
(b)satisfactory arrangements have been made in relation to the total liability of the member or members leaving.
(3)However, subsection (4) applies if—
(a)the application is made by a self-insurer that is a related bodies corporate group employer; and
(b)within 2 months after the application, members of the self-insurer that are a group employer apply, under section 69 (the section 69 application), to be a self-insurer as a related bodies corporate group employer.
(4)The Regulator must approve the application if it is satisfied that the self-insurer, after the change, meets the requirements for a licence for a group employer and—
(a)the Regulator has decided to approve the section 69 application; or
(b)if the Regulator has decided not to approve the section 69 application, it is satisfied that satisfactory arrangements have been made in relation to the total liability of the applicants for the section 69 application.

s 89 amd 2003 No. 85s 28 sch; 2013 No. 52s 114sch 2

90Consequences of change in self-insurer’s membership

(1)If a member leaves a self-insurer that is a group employer and becomes part of another self-insurer (the other self-insurer), the self-insurer must pay the other self-insurer an amount for the member’s total liability.
(2)For subsection (1), the other self-insurer is liable for compensation and damages for the member’s total liability from the day the Regulator approves the application from the other self-insurer for a change in its group membership.
(3)If members leave a self-insurer that is a related bodies corporate group employer and become a self-insurer that is a related bodies corporate group employer (the new self-insurer), the self-insurer must pay the new self-insurer an amount for the members’ total liability.
(4)For subsection (3), the new self-insurer is liable for compensation and damages for its total liability from the day the Regulator approves the new self-insurer’s application to be a self-insurer.
(5)If a member leaves a self-insurer that is a group employer and does not become part of another self-insurer, the self-insurer must pay WorkCover an amount for the member’s total liability.
(6)For subsection (5), WorkCover is liable for compensation and damages for the member’s total liability from the day the Regulator approves the application for a change in the group membership.
(7)If an employer becomes part of a self-insurer, other than under subsection (1), WorkCover must pay the self-insurer an amount for the employer’s total liability.
(8)For subsection (7), the self-insurer is liable for compensation and damages for the employer’s total liability from the day the Regulator approves the application for a change in the group membership.
(9)The total liability mentioned in subsection (1), (3), (5) or (7) must be—
(a)calculated in the way prescribed under a regulation by an actuary approved by the Regulator; and
(b)paid within the time allowed under a regulation.

s 90 amd 2013 No. 52s 114sch 2

91Continuation of membership in particular circumstances

If there is a change in the membership of a self-insurer that is a group employer, it is declared that each member of the group immediately before the change is taken to continue as a member of the group for the purposes of the Act until the Regulator approves an application for a change in the group membership on the licence under section 89 .

s 91 amd 2013 No. 52s 114sch 2

Division 4 Powers, functions and obligations of self-insurers

92Powers of self-insurers

(1)A self-insurer has, in relation to the self-insurer’s workers—
(a)for an injury sustained during the operation of this Act—the functions and powers set out under the following provisions—
(i)chapter 3 (other than sections 110 (5), 133 , 136 and 170 (3), and part 12);
(ii)chapter 4 (other than part 4);
(iii)chapter 4A;
(iv)chapter 5 (other than sections 280 , 300 and 306B );
(v)chapter 11, parts 3 and 4; and
(b)for an injury sustained during the operation of the WorkCover Queensland Act 1996 —the functions and powers that WorkCover had under the following provisions of that Act—
(i)chapter 3 (other than sections 136 (5), 160 , 163 and 188 (3), and part 11);
(ii)chapter 4 (other than sections 235 (3)(a), 237(2) and 238, and part 4);
(iii)chapter 5 (other than sections 284 , 306 and 319 );
(iv)chapter 7, parts 3 and 5; and
(c)for an injury sustained during the operation of the Workers’ Compensation Act 1990 —the functions and powers that the Workers’ Compensation Board of Queensland had under the following provisions of that Act—
(i)part 6;
(ii)part 7 (other than sections 102 and 105 );
(iii)part 11 (other than sections 186 and 187 ); and
(d)for an injury sustained during the operation of the Workers’ Compensation Act 1916—the functions and powers that the Workers’ Compensation Board of Queensland had under the following provisions of that Act—
(i)section 9 ;
(ii)section 9A;
(iii)section 10 ;
(iv)section 11 ;
(v)section 13A;
(vi)section 14 (2);
(vii)section 14B (other than subsections (2) to (9));
(viii)section 14D;
(ix)section 16 ;
(x)schedule, sections 4 , 6 , 23 and 25 .
(2)To apply the provisions mentioned in subsection (1)(b), (c) or (d), a reference to WorkCover or the Workers’ Compensation Board of Queensland in the provisions is taken to be a reference to the self-insurer.
(3)The functions and powers must not be performed or exercised by WorkCover in relation to the self-insurer’s workers.
(4)A self-insurer may engage a person who is in Queensland, and who is employed by the self-insurer under a contract (regardless of whether the contract is a contract of service), to perform the self-insurer’s functions or exercise the self-insurer’s powers, other than the functions and powers set out under the following provisions—
(a)for an injury sustained during the operation of this Act—sections 109 , 199 , 210 to 212 , 216 to 219 , 220 (1) and 222 to 224 of this Act;
(b)for an injury sustained during the operation of the WorkCover Queensland Act 1996sections 135 , 217 , 228 to 230 , 234, 235 and 237 to 241 of that Act;
(c)for an injury sustained during the operation of the Workers’ Compensation Act 1990sections 144 , 145 , 148 and 150 to 152 of that Act;
(d)for an injury sustained during the operation of the Workers’ Compensation Act 1916—section 14D of that Act.
(5)The self-insurer must perform the functions and exercise the powers reasonably.
(6)If a single employer or group employer stops being a self-insurer, the employer no longer has the functions and powers, except to the extent stated in section 100 .

s 92 amd 2004 No. 45s 3 sch; 2005 No. 50s 13; 2016 No. 44s 9

92APowers of local government self-insurers

(1)If a local government self-insurer’s licence covers councillors, the self-insurer has, in relation to councillors, the functions and powers set out in section 92 (1)(a)(i), (ii), (iii) and (v).
(2)Section 92 (4) to (6) also applies to the self-insurer.

s 92A ins 2003 No. 85s 26

amd 2005 No. 50s 3 sch; 2016 No. 44s 10

93Documents that must be kept by self-insurer

(1)A self-insurer must keep the following documents—
(a)documents relating to all claims made, including, for example, documents about—
(i)a worker’s application for compensation; or
(ii)compensation paid for injury sustained by a worker; or
(iii)medical management of an injured worker; or
(iv)rehabilitation of an injured worker;
(b)documents that may assist in assessing the quality and timeliness of the claims and rehabilitation management;
(c)documents that may assist in assessing the self-insurer’s financial situation;
(d)any other documents required to be kept under the conditions of the licence.
(2)A self-insurer may only dispose of a document required to be kept under subsection (1) with the Regulator’s written consent.

s 93 amd 2013 No. 52s 114sch 2

93ADocuments that must be kept by local government self-insurers

If a local government self-insurer’s licence covers councillors, section 93 applies to the self-insurer as if a reference in section 93 (1)(a) to a worker were a reference to a councillor.

s 93A ins 2003 No. 85s 27

94Documents must be given to Regulator on request

(1)The Regulator may, by written notice, ask a self-insurer to give the Regulator the documents, copies of the documents or details from the documents, mentioned in section 93 .
(2)The notice must state the documents required and state a time within which the documents must be given to the Regulator.
(3)The self-insurer must comply with the notice, unless the self-insurer has a reasonable excuse.

s 94 amd 2013 No. 52s 114sch 2

Division 5 Cancellation of self-insurer’s licence

95When licence may be cancelled

The Regulator may cancel a licence if—
(a)any of the following persons contravenes this Act or a condition of the licence—
(i)the self-insurer;
(ii)for a group employer—
(A)a member employer of the group; or
(B)if the group employer is made up of related bodies corporate—1 of the related bodies corporate; or
(b)the licence was issued because of a materially false or misleading representation or declaration (made either orally or in writing); or
(c)the self-insurer decides not to renew the self-insurer’s licence.

s 95 amd 2013 No. 52s 114sch 2

96Procedure for cancellation

(1)If the Regulator considers grounds exist to cancel a licence, the Regulator must give the self-insurer written notice—
(a)stating the grounds for the cancellation and outlining the facts and circumstances forming the basis for the grounds; and
(b)inviting the self-insurer to show, within a stated time of at least 20 business days, why the licence should not be cancelled.
(2)If, after considering all written representations made within the stated time, the Regulator still considers that the licence should be cancelled, the Regulator may cancel the licence.
(3)The Regulator must give the self-insurer written notice of the decision to cancel the self-insurer’s licence within 8 business days after making the decision.
(4)The notice under subsection (3) must state—
(a)the reasons for the decision; and
(b)that the self-insurer may appeal against the cancellation under chapter 13.
(5)The decision takes effect on the day stated in the notice.
(6)The Regulator must record particulars of the cancellation.

s 96 amd 2004 No. 45s 3 sch; 2013 No. 52s 114sch 2

97Self-insurer may ask for cancellation

(1)A self-insurer may, by written notice, ask for cancellation of its licence.
(2)The notice must specify a date from which the cancellation is requested, being not less than 20 business days after the date the notice is given to the Regulator.
(3)Cancellation takes effect—
(a)from the day specified in the self-insurer’s notice; or
(b)if another day is decided by the Regulator—from the other day.

s 97 amd 2004 No. 45s 3 sch; 2013 No. 52s 114sch 2

98Premium payable after cancellation

If a self-insurer’s licence is cancelled, the premium payable by the former self-insurer is to be calculated in the way prescribed under a regulation.

99Transfer to WorkCover after cancellation

Other than as provided by section 100 , on cancellation of a licence—
(a)the self-insurer’s functions and powers under section 92 or 92A end; and
(b)for all applications for compensation held by the former self-insurer immediately before the cancellation—
(i)the former self-insurer must immediately give WorkCover all documents relating to the applications; and
(ii)WorkCover has all its functions and powers; and
(c)an application for compensation that, other than for this section, would have been lodged with the self-insurer, must be lodged with WorkCover; and
(d)WorkCover replaces the self-insurer for any proceeding being taken, or that may be taken, by a claimant or worker against, or by, the self-insurer as an insurer in relation to the claimant or worker; and
(e)WorkCover has the rights, and assumes the obligations, of the self-insurer under the contract of reinsurance.

Maximum penalty for paragraph (b)(i)—200 penalty units.

s 99 amd 2003 No. 85s 28 sch

100Certain functions and powers may be held by former self-insurer after cancellation

(1)The purpose of this section is to authorise a former self-insurer to perform functions and exercise powers to manage claims arising during the period when the former self-insurer was a self-insurer.
(2)If the Regulator considers it appropriate, the Regulator may, at the request of a former self-insurer, allow the former self-insurer to continue to have functions and powers previously had by the former self-insurer under section 92 or 92A .
(3)The Regulator must give the former self-insurer written notice of the functions and powers continued.
(4)The Regulator may impose conditions on the functions and powers continued.
(5)The former self-insurer has the functions and powers as stated in the notice.

s 100 amd 2003 No. 85s 28 sch; 2013 No. 52s 114sch 2

101Recovery of ongoing costs from former self-insurer

(1)This section applies if—
(a)a licence is cancelled; and
(b)after the cancellation, WorkCover—
(i)pays compensation or damages for which a self-insurer is liable under section 68C or 87 ; or
(ii)incurs management costs in managing compensation applications or damages actions for the compensation or damages mentioned in subparagraph (i).
(2)The compensation or damages payments and management costs—
(a)are a debt due to WorkCover by the former self-insurer; and
(b)are payable within 20 business days after WorkCover’s written demand for payment, or a further period allowed by WorkCover.
(3)WorkCover may recover the debt from the former self-insurer’s section 84 security if the former self-insurer—
(a)fails to pay the debt within the period; or
(b)authorises WorkCover to do so in writing.
(4)If subsection (3) applies, WorkCover may, by written notice, ask the Regulator to authorise the release of the amount of the debt to WorkCover from the section 84 security.
(5)The Regulator must make a decision about the release of the amount within 20 business days after being given the request.
(6)In this section—
management costs means the reasonable costs of administering the former self-insurer’s claims.

s 101 amd 2003 No. 85s 28 sch; 2004 No. 45s 3 sch; 2005 No. 50s 3 sch; 2013 No. 52s 65; 2016 No. 44s 53sch 1

102Assessing liability after cancellation

(1)This section applies if a licence is cancelled.
(2)WorkCover must appoint an actuary to assess the former self-insurer’s liability under sections 68C and 87 (1).
(3)The amount of liability is the amount calculated under a regulation.
(4)The amount of liability assessed and management costs—
(a)are a debt due to WorkCover by the former self-insurer; and
(b)are payable within 20 business days after the date of assessment, or a further period allowed by WorkCover.
(5)Without limiting subsection (4), if the former self-insurer fails to pay the debt within the period, WorkCover may recover the debt from the former self-insurer’s section 84 security.
(6)The Regulator must retain the section 84 security until it is satisfied that the former self-insurer’s liability under sections 68C and 87 (1) has been discharged or adequately provided for.
(7)In this section—
management costs means the reasonable costs of—
(a)administering the former self-insurer’s claims; and
(b)the actuarial assessment of liability.

s 102 amd 2003 No. 85s 28 sch; 2004 No. 45s 3 sch; 2005 No. 50s 3 sch; 2013 No. 52s 114sch 2; 2016 No. 44s 53sch 1

103Return of section 84 security after cancellation

(1)This section applies if—
(a)a self-insurer’s licence is cancelled; and
(b)the former self-insurer considers that all accrued, continuing, future and contingent liabilities of the self-insurer have been discharged or adequately provided for.
(2)The former self-insurer may, by written notice, ask the Regulator to return the balance of the section 84 security.
(3)The Regulator must, within 60 business days after being given the request—
(a)return the balance; or
(b)if the Regulator considers that all accrued, continuing, future and contingent liabilities of the self-insurer have not been discharged or adequately provided for—give the former self-insurer a written notice refusing to return the balance and stating the reasons for the refusal.
(4)If the Regulator refuses to return the balance, the former self-insurer may appeal under chapter 13.
(5)In this section—
return includes relinquish.

s 103 amd 2004 No. 45s 3 sch; 2013 No. 52s 114sch 2; 2016 No. 44s 53sch 1

104Contingency account

(1)The Regulator may establish and maintain a contingency account to meet any future liability against a former self-insurer.
(2)A regulation may prescribe that a specified percentage of the self-insurer’s annual levy may be paid to the account.
(3)Payments may be made from the contingency account if—
(a)a self-insurer’s licence is cancelled; and
(b)the former self-insurer’s section 84 security is exhausted or has been returned; and
(c)WorkCover is unable to recover claims costs from the former self-insurer.

s 104 amd 2013 No. 52s 114sch 2; 2016 No. 44s 53sch 1

Division 6 Self-insurers who become non-scheme employers

div hdg ins 2005 No. 50s 14

105Application of div 6

This division applies if a self-insurer becomes a non-scheme employer.

s 105 prev s 105 om 2004 No. 45s 13

pres s 105 ins 2005 No. 50s 14

105ANon-scheme employer must give notice to Regulator

(1)The non-scheme employer must, by written notice, tell the Regulator that the non-scheme employer has become a non-scheme employer.
(2)The non-scheme employer must give the notice to the Regulator within 5 business days after receiving notice that it has been granted a licence under the Safety, Rehabilitation and Compensation Act 1988 (Cwlth), part VIII.
(3)The non-scheme employer must also tell the Regulator the exit date.

s 105A ins 2005 No. 50s 14

amd 2013 No. 52s 114sch 2

105BNon-scheme employer continues to be self-insurer for 12 months

(1)The non-scheme employer is taken to continue to be a self-insurer for 12 months from the exit date for the purposes of the injuries mentioned in subsection (3).
(2)For subsection (1), the self-insurer’s licence of the non-scheme employer (the continued licence) continues until it is cancelled under section 105E .
(3)The non-scheme employer is liable for compensation and damages for the total of the accrued, continuing, future and contingent liabilities for all injuries sustained by a worker employed by the non-scheme employer that arise from an event happening or ending during the period the non-scheme employer was licensed as a self-insurer but before the exit date.
(4)The non-scheme employer continues to have the functions and powers of a self-insurer under section 92 or 92A for the injuries mentioned in subsection (3) for the period of 12 months after the exit date.

s 105B ins 2005 No. 50s 14

105CNon-scheme employer continues to have obligation for rehabilitation

Sections 228 and 229 continue to apply to the non-scheme employer after the exit date for the injuries mentioned in section 105B (3).

s 105C ins 2005 No. 50s 14

105DRegulator may impose conditions on continued licence

(1)The Regulator may, by written notice to the non-scheme employer, during the period of 12 months after the exit date—
(a)impose conditions on the continued licence; or
(b)vary conditions imposed on the continued licence.
(2)The non-scheme employer must comply with the conditions imposed on the continued licence.

Maximum penalty for subsection (2)—1000 penalty units.

s 105D ins 2005 No. 50s 14

amd 2013 No. 52s 114sch 2

105ECancellation of continued licence

The continued licence is cancelled on the day that is 12 months after the exit date.

s 105E ins 2005 No. 50s 14

105FTransfer to WorkCover after cancellation

Other than as provided by section 105G , on cancellation of the continued licence—
(a)the non-scheme employer’s functions and powers as a self-insurer under section 92 or 92A end; and
(b)for all applications for compensation held by the non-scheme employer immediately before the cancellation—
(i)the non-scheme employer must immediately give WorkCover all documents relating to the applications; and
(ii)WorkCover has all its functions and powers; and
(c)an application for compensation that, other than for this section, would have been lodged with the non-scheme employer as a self-insurer, must be lodged with WorkCover; and
(d)WorkCover replaces the non-scheme employer, for any proceeding being taken, or that may be taken, by a claimant or worker against or by the non-scheme employer as a self-insurer, as an insurer in relation to the claimant or worker; and
(e)WorkCover has the rights, and assumes the obligations, of the non-scheme employer as a self-insurer under the contract of reinsurance.

Maximum penalty for paragraph (b)(i)—200 penalty units.

s 105F ins 2005 No. 50s 14

105GParticular functions and powers may be held by non-scheme employer after cancellation

(1)The purpose of this section is to authorise the non-scheme employer to perform functions and exercise powers as a self-insurer to manage claims arising during the period when the non-scheme employer was a self-insurer but before the exit date.
(2)If the Regulator considers it appropriate, the Regulator may, at the request of the non-scheme employer, allow the non-scheme employer to continue to have functions and powers as a self-insurer previously had by the non-scheme employer as a self-insurer under section 92 or 92A .
(3)The Regulator must give the non-scheme employer written notice of the functions and powers continued.
(4)The Regulator may impose conditions on the functions and powers continued.
(5)The non-scheme employer has the functions and powers of a self-insurer as stated in the notice.

s 105G ins 2005 No. 50s 14

amd 2013 No. 52s 114sch 2

105HRecovery of ongoing costs from non-scheme employer

(1)This section applies if, after the continued licence is cancelled, WorkCover—
(a)pays compensation or damages for which the non-scheme employer is liable under section 68C or 87 ; or
(b)incurs management costs in managing compensation applications or damages actions for the compensation or damages mentioned in paragraph (a).
(2)The compensation or damages payments and management costs—
(a)are a debt due to WorkCover by the non-scheme employer; and
(b)are payable within 20 business days after WorkCover’s written demand for payment, or a further period allowed by WorkCover.
(3)WorkCover may recover the debt from the non-scheme employer’s section 84 security if the non-scheme employer—
(a)fails to pay the debt within the period; or
(b)authorises WorkCover to do so in writing.
(4)If subsection (3) applies, WorkCover may, by written notice, ask the Regulator to authorise the release of the amount of the debt to WorkCover from the section 84 security.
(5)The Regulator must make a decision about the release of the amount within 20 business days after being given the request.
(6)In this section—
management costs means the reasonable costs of administering the claims for which the non-scheme employer is liable.

s 105H ins 2005 No. 50s 14

amd 2013 No. 52s 66; 2016 No. 44s 53sch 1

105IAssessing liability after cancellation

(1)WorkCover must appoint an actuary to assess the non-scheme employer’s liability under section 105B (3).
(2)The amount of liability is the amount calculated under a regulation.
(3)The amount of liability assessed and management costs—
(a)are a debt due to WorkCover by the non-scheme employer; and
(b)are payable within 20 business days after the date of assessment, or a further period allowed by WorkCover.
(4)Without limiting subsection (3), if the non-scheme employer fails to pay the debt within the period, WorkCover may recover the debt from the non-scheme employer’s section 84 security.
(5)The Regulator must retain the section 84 security until the non-scheme employer’s liability under section 105B (3) has been finalised as provided for under a regulation.
(6)In this section—
management costs means the reasonable costs of—
(a)administering the claims for which the non-scheme employer is liable; and
(b)the actuarial assessment of liability.

s 105I ins 2005 No. 50s 14

amd 2013 No. 52s 114sch 2; 2016 No. 44s 53sch 1

105JReturn of section 84 security after cancellation

(1)This section applies if the non-scheme employer considers that all accrued, continuing, future and contingent liabilities of the non-scheme employer as a self-insurer have been discharged or adequately provided for.
(2)The non-scheme employer may, by written notice, ask the Regulator to return the balance of the non-scheme employer’s section 84 security.
(3)The Regulator must, within 60 business days after being given the request—
(a)return the balance; or
(b)if the Regulator considers that all accrued, continuing, future and contingent liabilities of the non-scheme employer as a self-insurer have not been discharged or adequately provided for—give the non-scheme employer a written notice refusing to return the balance and stating the reasons for the refusal.
(4)If the Regulator refuses to return the balance, the non-scheme employer may appeal under chapter 13.
(5)In this section—
return includes relinquish.

s 105J ins 2005 No. 50s 14

amd 2013 No. 52s 114sch 2; 2016 No. 44s 53sch 1

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

div hdg ins 2005 No. 50s 14

105KApplication of div 7

This division applies if a member of a group employer that is a self-insurer becomes a non-scheme employer (the non-scheme member).

s 105K ins 2005 No. 50s 14

105LSelf-insurer must give notice to Regulator

(1)The self-insurer of which the non-scheme member is a member must, by written notice, tell the Regulator that the non-scheme member has become a non-scheme employer.
(2)The notice must be given within 5 business days after the non-scheme member receives notice that the non-scheme member has been granted a licence under the Safety, Rehabilitation and Compensation Act 1988 (Cwlth), part VIII.
(3)The self-insurer must tell the Regulator the exit date of the non-scheme member.
(4)The Regulator must consider whether the self-insurer, after the change, meets the requirements for a self-insurer’s licence for a group employer.

s 105L ins 2005 No. 50s 14

amd 2013 No. 52s 114sch 2

105MNon-scheme member continues as member of self-insurer for 12 months

(1)The non-scheme member is taken to continue to be a member of the self-insurer for 12 months from the exit date for the purposes of the injuries mentioned in subsection (2).
(2)The self-insurer is liable for compensation and damages for the total of the accrued, continuing, future and contingent liabilities for all injuries sustained by a worker employed by the non-scheme member that arise from an event happening or ending during the period the non-scheme member was a member of the self-insurer but before the exit date.

s 105M ins 2005 No. 50s 14

105NNon-scheme member continues to have obligation for rehabilitation

Sections 228 and 229 continue to apply to the non-scheme member after the exit date for the injuries mentioned in section 105M (2).

s 105N ins 2005 No. 50s 14

105OConsequences of member becoming non-scheme member

(1)At the end of 12 months after the exit date, the self-insurer must pay WorkCover an amount for the non-scheme member’s total liability.
(2)For subsection (1), WorkCover is liable for compensation and damages for the non-scheme member’s total liability for all injuries sustained by a worker employed by the non-scheme member that arise from an event happening or ending during the period the non-scheme member was a member of the self-insurer but before the exit date.
(3)The total liability must be—
(a)calculated in the way prescribed under a regulation by an actuary approved by the Regulator; and
(b)paid within the time allowed under a regulation.

s 105O ins 2005 No. 50s 14

amd 2013 No. 52s 114sch 2

Chapter 3 Compensation

Part 1 Interpretation

pt hdg sub 2004 No. 45s 12

106Meaning of normal weekly earnings

(1)Normal weekly earnings are the normal weekly earnings of a worker from employment (continuous or intermittent) had by the worker in the 12 months immediately before the day the worker sustained an injury.
(2)If a worker has not had employment for the 12 months immediately before the day the worker sustained an injury, normal weekly earnings are the normal weekly earnings of the worker from employment (continuous or intermittent) had by the worker in the period in which the worker has had the employment.
(3)Normal weekly earnings are calculated as prescribed under a regulation.

107Meaning of QOTE

(1)QOTE, for a financial year, is—
(a)the amount of Queensland full-time adult persons ordinary time earnings declared by the Australian Statistician in the original series of the statistician’s average weekly earnings publication most recently published before the start of the financial year; or
(b)if the amount mentioned in paragraph (a) is less than QOTE for the previous financial year—the amount that is QOTE for the previous financial year.
(2)The Regulator must, before the start of a financial year, notify—
(a)QOTE for the financial year; and
(b)the percentage difference in QOTE for the financial year compared to QOTE for the previous financial year.
(3)The Regulator’s notice is subordinate legislation.

s 107 sub 2013 No. 52s 67; 2016 No. 44s 11

Part 1A Entitlements to compensation under industrial instruments

pt hdg ins 2004 No. 45s 14

107ADefinitions for pt 1A

In this part—
amount includes rate.
Industrial Act means—
(a)the Industrial Relations Act 2016 ; or
(b)the Fair Work Act 2009 (Cwlth).

def Industrial Act amd 2009 No. 49s 76; 2016 No. 63s 1157sch 6

s 107A ins 2004 No. 45s 14

107BMeaning of amount payable under an industrial instrument

(1)An amount payable, under an industrial instrument, to a worker is—
(a)if an amount has been approved by the Regulator under section 107E —the amount applying immediately before the worker became incapacitated; or
(b)if paragraph (a) does not apply—an amount equal to the weekly rate of wages (however described) under the industrial instrument that the worker was entitled to be paid in the worker’s usual employment immediately before the worker became incapacitated.
(2)If the industrial instrument provides for a change in the amount mentioned in subsection (1)(a) after the amount is approved, or there is a change in the rate of wages under the industrial instrument at any time after the worker became incapacitated, the amount payable to the worker changes accordingly.
(3)If a worker is employed in an industry that is seasonal in nature, the amount payable to the worker must reflect the relevant season under the industrial instrument.

s 107B ins 2004 No. 45s 14

amd 2013 No. 52s 114sch 2

107CMeaning of usual employment

(1)A worker’s usual employment is the worker’s permanent position or classification of employment.
(2)However, if a worker is temporarily appointed to another position or classification for a period, the worker’s usual employment for the period of the temporary appointment is the temporary position or classification.

Example of usual employment for subsection (2)—

A worker is acting in higher duties for 3 months. The worker is incapacitated after 1 month. The worker would be entitled to the higher duties wage rate for the remaining 2 months. When that 2 months ends, the worker would be entitled to the wage rate of the worker’s permanent position or classification.

s 107C ins 2004 No. 45s 14

107DEntitlements to compensation under industrial instrument generally prohibited and void

(1)The industrial commission can not include in an industrial instrument made by it, or approve for an industrial instrument submitted to it, a provision for accident pay, or other payment, on account of a worker sustaining an injury.
(2)The registrar of the industrial commission is not to register an industrial instrument submitted to the registrar that provides for payment of accident pay, or other payment, on account of a worker sustaining an injury.
(3)Despite subsections (1) and (2), an industrial instrument, other than an award under an Industrial Act, may provide for an amount to be payable as a weekly rate of wages (however described) to a worker if the worker becomes incapacitated.
(4)A provision of an industrial instrument, other than a provision mentioned in subsection (3) that contains an amount that has been approved by the Regulator under section 107E , is of no force or effect to the extent that it provides for payment of accident pay, or other payment, on account of a worker sustaining an injury.

s 107D ins 2004 No. 45s 14

amd 2013 No. 52s 114sch 2

107ERegulator may approve amount payable under industrial instrument

(1)This section applies if an industrial instrument, other than an award under an Industrial Act, provides for an amount to be payable as a weekly rate of wages (however described) to a worker if the worker becomes incapacitated.
(2)An employer may, by written notice, ask the Regulator to approve the amount provided for in the industrial instrument for the purposes of section 107B .
(3)The Regulator can approve the amount provided for in the industrial instrument only if the amount was contained in the industrial instrument as approved or certified under an Industrial Act.
(4)In deciding whether or not to approve the amount, the Regulator must have regard to—
(a)if the industrial instrument is a workplace agreement or if an employee organisation is not a party to the industrial instrument—the entitlements of a worker to weekly payment of compensation under section 150 (1)(a)(i); or
(b)in all other cases—whether the amount is consistent with the compensation entitlements of a worker under previous industrial instruments agreed to by the parties to the industrial instrument.
(5)The Regulator must make a decision within 25 business days after it receives the request.
(6)If the Regulator refuses to approve the amount, the employer may appeal under chapter 13.
(7)In this section—
workplace agreement means—
(a)an Australian workplace agreement or preserved individual State agreement under the Workplace Relations Act 1996 (Cwlth) given continuing effect under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth), schedule 3 , part 2; or
(b)an individual division 2B state employment agreement under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth).

s 107E ins 2004 No. 45s 14

amd 2006 No. 22s 18; 2011 No. 4s 65; 2013 No. 52s 114sch 2

Part 2 Compensation entitlements of workers generally

Division 1 General statement of entitlement

108Compensation entitlement

(1)Compensation is payable under this Act for an injury sustained by a worker.
(2)However, if a worker’s injury is an aggravation mentioned in section 32 (3)(b) or (ba), the worker is entitled to compensation for the injury only to the extent of the effects of the aggravation.

Note—

See also division 5 in relation to the effect of compensation on a worker’s leave entitlements.

s 108 amd 2006 No. 22s 19; 2011 No. 18s 406; 2013 No. 52s 68

109Who must pay compensation

(1)If an employer is a self-insurer, the employer must pay the compensation.
(2)Otherwise, WorkCover must pay the compensation.
(3)An employer who is not a self-insurer can not pay a worker an amount, either in compensation or instead of compensation, that is payable by WorkCover under the Act for an injury sustained by the worker.
(4)However, an employer who is not a self-insurer may pay a worker an amount, either in compensation or instead of compensation, that is payable by WorkCover under the Act for an injury sustained by the worker if—
(a)the worker has made an application for compensation under section 132 ; and
(b)the employer has complied with section 133A .
(5)Subsection (4) applies only until WorkCover has allowed a claimant’s application for compensation under section 134 .
(6)Subsections (2) and (3) are subject to section 66 .

s 109 amd 2004 No. 45s 15; 2005 No. 50 ss 15, 3 sch

109AWhen an employer contravenes obligation not to pay compensation payable by WorkCover

(1)This section applies if an employer contravenes section 109 (3).
(2)WorkCover may require the employer to pay WorkCover an amount by way of penalty equal to 50% of the employer’s premium for the period of insurance.
(3)WorkCover may recover the amount from the employer—
(a)as a debt; or
(b)as an addition to a premium payable by the employer.
(4)The employer may apply in writing to WorkCover to waive or reduce the penalty because of extenuating circumstances.
(5)The application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case.
(6)WorkCover must consider the application and may—
(a)waive or reduce the penalty; or
(b)refuse to waive or reduce the penalty.
(7)If the employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13.

s 109A ins 2004 No. 45s 16

110Compensation entitlement can not be relinquished, assigned or subject to execution

(1)A worker or another person can not relinquish an entitlement to compensation for an injury sustained by the worker or the person.
(2)An agreement made by the worker or the person purporting to relinquish the entitlement is of no force or effect.
(3)Compensation can not be assigned, charged, taken in execution, or attached, and a worker’s entitlement to compensation can not pass to another person by operation of law or otherwise, and no claim can be set off against the amount.
(4)Subsection (3) is subject to subsection (5) and section 170 (2)(b).
(5)If an employer pays to a worker an amount, for example wages, to which the worker is entitled as compensation for an injury, WorkCover may reimburse the employer for the amount paid to the extent of the worker’s entitlement for the injury instead of paying the worker.

111Public trustee may act for claimant

If asked by a claimant, the public trustee may make and prosecute an application for compensation, and act for the claimant, for any purpose of the application.

112Public trustee may receive payments for minors

(1)This section applies if a person entitled to payment of lump sum compensation or a redemption payment is under 18 years.
(2)The insurer liable to pay the compensation may pay the amount of the lump sum compensation or redemption payment to the public trustee.

Division 2 Entitlement according to jurisdiction

113Employment must be connected with State

(1)Compensation under this Act is only payable in relation to employment that is connected with this State.
(2)The fact that a worker is outside this State when the injury is sustained does not prevent compensation being payable under this Act in relation to employment that is connected with this State.
(3)A worker’s employment is connected with—
(a)the State in which the worker usually works in that employment; or
(b)if no State or no 1 State is identified by paragraph (a), the State in which the worker is usually based for the purposes of that employment; or
(c)if no State or no 1 State is identified by paragraph (a) or (b), the State in which the employer’s principal place of business in Australia is located.
(4)In the case of a worker on a ship, if no State or no 1 State is identified by subsection (3), a worker’s employment is, while on a ship, connected with the State in which the ship is registered or (if the ship is registered in more than 1 State) the State in which the ship most recently became registered.
(5)If no State is identified by subsection (3) or (if applicable) (4), a worker’s employment is connected with this State if—
(a)the worker is in this State when the injury is sustained; and
(b)there is no place outside Australia under the legislation of which the worker may be entitled to compensation for the same matter.
(6)In deciding whether a worker usually works in a State, regard must be had to the worker’s work history with the employer and the intention of the worker and employer.
(7)However, regard must not be had to any temporary arrangement under which the worker works in a State for a period of not longer than 6 months.
(8)Compensation under this Act does not apply in relation to the employment of a worker on a ship if the Seafarers Rehabilitation and Compensation Act 1992 (Cwlth) applies to the worker’s employment.
(9)In this section—
State, in a geographical sense, includes a State’s relevant adjacent area as described in schedule 4 .

114Recognition of determination of State of connection in another State

(1)If a designated court makes a determination of the State with which a worker’s employment is connected for the purposes of a corresponding law, that State is to be recognised for the purposes of section 113 as the State with which the worker’s employment is connected.
(2)Subsection (1) does not prevent or affect the operation of a determination of the State with which a worker’s employment is connected for the purposes of section 113 made by a court of this State before the determination is made by a designated court.
(3)Subsection (1) does not prevent any appeal relating to a determination of a designated court and, if the determination is altered on appeal, the altered determination is to be recognised under subsection (1).
(4)In this section—
corresponding law means the provisions of the statutory workers’ compensation scheme of another State that correspond with section 113 .
designated court means—
(a)the Supreme Court of a State in which a corresponding law is in force; or
(b)a court, tribunal or other decision-making body of a State in which a corresponding law is in force that is declared under a regulation to be a designated court for the purposes of this section.

Division 3 Overseas arrangements

115Overseas arrangements

(1)If—
(a)an injury is sustained by a worker in another country in circumstances that, had the injury been sustained in Queensland, compensation would have been payable; and
(b)at the time of the injury, the worker’s principal place of employment was in Queensland;

compensation is payable as if the injury were sustained in Queensland.

(2)If—
(a)an injury is sustained by a worker in Queensland; and
(b)at the time of the injury, the worker’s principal place of employment was in another country;

compensation is not payable for the injury.

(3)For this section, a worker’s principal place of employment is in a country if—
(a)the worker usually works in that country; or
(b)for a worker who usually works in more than 1 country—the employer’s principal place of business is in that country.
(4)In deciding whether a worker usually works in a country, regard must be had to the worker’s work history with the employer and the intention of the worker and employer.
(5)However, regard must not be had to any temporary arrangement under which the worker works in a country for a period of not longer than 6 months.

Division 4 Relationship of entitlement to other compensation

116Effect on entitlement if compensated under corresponding laws

(1)This section applies if, for an injury, payment (by whatever name called) that corresponds to compensation under this Act is made to, or on account of, a person under an entitlement under another law.
(2)The person’s entitlement to compensation under this Act for the injury stops.
(3)However, if the person’s entitlement under the other law relates only to paymentscorrespondingto compensation under chapter 4A, subsection (2) applies only to stop the person’s entitlement to compensation under chapter 4 or 4A.

Examples of payments to which subsection (3) may apply—

Payments under any of the following schemes—
(a)the scheme under the National Disability Insurance Scheme Act 2013 (Cwlth);
(b)the scheme under the National Injury Insurance Scheme (Queensland) Act 2016 ;
(c)a scheme corresponding to the scheme mentioned in paragraph (b) under a law of a place other than Queensland.

s 116 amd 2016 No. 44s 12

117Compensation recoverable if later paid under corresponding laws

(1)This section applies if, for an injury—
(a)an insurer has paid compensation under this Act to, or on account of, a person; and
(b)subsequently payment (by whatever name called) that corresponds to compensation under this Act is made to, or on account of, the person under an entitlement under another law for the injury.
(2)The insurer may recover the amount paid as compensation under this Act from the person to whom, or on whose account, it was paid.
(3)However, if the payments made to, or on account of, the person under the other law correspond only to compensation under chapter 4A, subsection (2) applies only to the extent of compensation paid under chapter 4 or 4A.

s 117 amd 2016 No. 44s 13

118Condition on compensation application if compensation available under this Act and corresponding law

(1)This section applies if, for an injury, a person is entitled to—
(a)payment of compensation under this Act; and
(b)payment that corresponds to compensation payable under this Act under an entitlement under another law.
(2)An application for compensation under this Act is duly made, and is to be acted on, only if the claimant gives the insurer the claimant’s statutory declaration that—
(a)a claim for payment for the injury under the entitlement under the other law has not been made; and
(b)a claim mentioned in paragraph (a) will not be made.
(3)However, if the person’s entitlement under the other law relates only to payments corresponding to compensation under chapter 4A—
(a)subsection (2) does not apply; and
(b)an application for compensation under this Act is duly made, and is to be acted on, only if the claimant gives the insurer the claimant’s statutory declaration about—
(i) whether or not the claimant has made a claim for payment for the injury under the entitlement under the other law; and
(ii)if the claimant has not made a claim for payment for the injury under the entitlement under the other law—whether or not the claimant intends to make the claim.

s 118 amd 2016 No. 44s 14

119Entitlement to compensation ends if damages claim is finalised

(1)This section applies if, for an injury, there is—
(a)an entitlement to compensation; and
(b)an entitlement to recover damages against an employer or another person.
(2)An entitlement to compensation ends when settlement for damages is agreed or judgment for damages is given.
(3)However, an entitlement to compensation under chapter 4A for an injury ends only if—
(a) the damages include treatment, care and support damages; and
(b)the worker accepts the treatment, care and support damages within the acceptance period.
(4)To remove any doubt, it is declared that the ending, under subsection (3), of an entitlement to compensation under chapter 4A for an injury also stops any entitlement to compensation under chapter 4 for the injury.
(5)In this section—
accept, for treatment, care and support damages, see section 232U .
acceptance period, for treatment, care and support damages, see section 232U .
damages includes damages under a legal liability existing independently of this Act, whether or not within the meaning of section 10 .

s 119 amd 2016 No. 44s 15

Division 5 Compensation and leave entitlements

div 5 (s 119A) ins 2011 No. 18 s 407

119ACompensation entitlement does not restrict taking or accrual of leave

(1)This section applies to a worker who is entitled to compensation, including compensation payable as weekly payments.
(2)The worker is entitled to take or accrue annual leave, sick leave and long service leave under an Industrial Act or industrial instrument during the period to which the compensation relates.

Note—

In relation to entitlements under the Fair Work Act 2009 (Cwlth), this section removes the restriction under section 130 (1) of that Act.

div 5 (s 119A) ins 2011 No. 18 s 407

Part 3 Compensation entitlements of particular workers

Division 1 Workers on ships

120Application of div 1

This division applies to an injury sustained by a worker who was employed on a ship when the injury was sustained.

121Payment on account of workers on ships

(1)Compensation is not payable for the death of the worker who leaves no dependants, if the owner or charterer of the ship on which the worker was employed when the injury was sustained is, under an Act or law in force in the State, liable to pay the expenses of the worker’s funeral.
(2)Compensation is not payable for injury sustained by the worker for a period during which the owner or charterer of the ship on which the worker was employed when the injury was sustained is, under another Act or law in force in the State, liable to pay the expenses, maintenance or wages of the worker.
(3)Compensation payable for injury sustained by the worker must be paid in full, despite any limitation of liability prescribed by another law.
(4)Subsection (3) applies subject to section 116 .

Division 2 Miners

122Application of div 2

This division applies to an injury sustained by a worker who was a miner when the injury was sustained and the injury is the disease silicosis or anthraco-silicosis.

123Entitlements of miners

(1)The worker is entitled to compensation only if subsection (2) or (3) applies.
(2)Compensation is payable for the injury if the worker—
(a)has been continuously resident in the State during the 5 years immediately before—
(i)the onset of incapacity due to the disease; or
(ii)death due to the disease, if it happens without the onset of incapacity due to the disease; and
(b)during the period of residency, has been employed in employment in mining, quarrying, stone crushing or stone cutting in the State for at least 300 days.
(3)If subsection (2) does not apply, compensation is payable for the injury if the worker—
(a)has been resident in the State for periods totalling at least 5 years during the 7 years immediately before—
(i)the onset of incapacity due to the disease; or
(ii)death due to the disease, if it happens without the onset of incapacity due to the disease; and
(b)during the period of residency, has been employed in employment in mining, quarrying, stone crushing or stone cutting in the State for at least 500 days.

Division 3 Workers with industrial deafness

124Application of div 3

This division applies to a worker who has sustained an injury that is industrial deafness.

125Entitlements for industrial deafness

(1)The worker is entitled to compensation for the industrial deafness under part 10 and sections 211 (1)(a) and 219(1) and not under any other provision.
(2)The application for compensation for industrial deafness must be made—
(a)while the claimant is a worker under this Act; or
(b)if the claimant would ordinarily be a worker under this Act but is temporarily unemployed; or
(c)within 12 months after the claimant’s formal retirement from employment.
(3)The worker is entitled to compensation for industrial deafness that is attributable to the worker’s employment in the State as a worker if the worker—
(a)has been employed in an industry in the State for a period of, or for periods totalling, at least 5 years; and
(b)the employment was at a location, or at locations, where the noise level was a significant contributing factor to the industrial deafness.
(4)The worker is not entitled to lump sum compensation for the first 5% of the worker’s diminution of hearing.
(5)The insurer must ask that the worker’s degree of permanent impairment resulting from the diminution of hearing be assessed under section 179 .

126Further application for compensation for industrial deafness

(1)This section applies if a worker has lodged an application for compensation for industrial deafness.
(2)The worker is entitled to lodge a further application for compensation for industrial deafness only if it is lodged more than 3 years after the previous application was lodged with the insurer.
(3)The worker is entitled to further lump sum compensation if the worker has sustained a further diminution of hearing of more than 1%.
(4)The further application must be decided under section 125 .

127[Repealed]

s 127 om 2013 No. 52s 5 (retro)

128[Repealed]

s 128 om 2013 No. 52s 5 (retro)

Division 4 Workers with latent onset injuries that are terminal conditions

div hdg prev div 4 hdg om 2013 No. 52s 5 (retro)

pres div 4 hdg (prev div 5 hdg) ins 2005 No. 50s 16

renum 2013 No. 52s 6 (retro)

128AApplication of div 4

This division applies to a worker if a latent onset injury sustained by the worker is a terminal condition.

s 128A ins 2005 No. 50s 16

amd 2013 No. 52s 7 (retro)

128BEntitlements of worker with terminal condition

(1)The worker is entitled to compensation for the latent onset injury calculated only under this division.
(2)The worker is entitled to lump sum compensation equal to the sum of the following amounts—
(a)$200,000;
(b)additional lump sum compensation for care of 10% of the amount payable under paragraph (a);
(c)additional lump sum compensation of up to $200,000 payable according to a graduated scale prescribed under a regulation, having regard to the age of the worker when the worker lodges an application for compensation for the latent onset injury.
(3)However, the amount payable under subsection (2)(a) is subject to any reduction made under section 128C .
(4)The worker is also entitled to compensation under chapter 4, part 2, but only until the worker receives lump sum compensation under subsection (2).

s 128B ins 2005 No. 50s 16

amd 2008 No. 61s 39 (retro)

128CReduction of amount payable

(1)This section applies if any of the following payments have been made in relation to the worker’s latent onset injury—
(a)a weekly payment of compensation;
(b)a redemption payment;
(c)a payment of lump sum compensation;
(d)a payment of compensation or damages under a law of Queensland, another State or of the Commonwealth.
(2)The amount of compensation payable under section 128B (2)(a) must be reduced by the total of all payments mentioned in subsection (1).

s 128C ins 2005 No. 50s 16

128DWorker’s dependants

(1)This section applies if the worker has dependants.
(2)The worker’s dependants are entitled to lump sum compensation equal to the sum of the following amounts—
(a)15% of the amount payable under section 200 (2)(a);
(b)2% of the amount payable under section 200 (2)(a) for the reasonable expenses of the worker’s funeral.
(3)An insurer may pay the compensation under this section—
(a)to the worker; or
(b)to the worker’s dependants at the same time as the insurer pays the worker lump sum compensation under section 128B .
(4)The worker’s dependants are not entitled to further compensation under chapter 3, part 11 for the death of the worker.
(5)In this section—
dependant, of a worker, means a member of the worker’s family who is completely or partly dependent on the worker’s earnings.
member of the family, of a worker, means—
(a)the worker’s—
(i)spouse; or
(ii)parent, grandparent or step-parent; or
(iii)child, grandchild or stepchild; or
(iv)brother, sister, half-brother or half-sister; or
(b)if the worker stands in the place of a parent to another person—the other person; or
(c)if another person stands in the place of a parent to the worker—the other person.

s 128D ins 2008 No. 61s 40 (retro)

amd 2010 No. 24s 3 sch

128ETo whom payments made for death of worker

(1)This section applies if—
(a)the worker dies because of the latent onset injury; and
(b)the worker had received a payment of lump sum compensation under section 128B for the latent onset injury; and
(c)if the worker left dependants—an insurer had not paid the worker or the worker’s dependants the lump sum compensation under section 128D to which the worker’s dependants were entitled.
(2)The compensation under section 128D for the worker’s dependants is payable—
(a)to the worker’s legal personal representative; or
(b)if there is no legal personal representative—to the worker’s dependants.
(3)The worker’s legal personal representative must pay or apply the compensation to or for the benefit of the worker’s dependants.

s 128E ins 2008 No. 61s 40 (retro)

Division 5 Workers with pneumoconiosis

Note—

Under section 128B , if a worker sustains a latent onset injury that is a terminal condition, the worker is entitled to compensation for the injury only under division 4.

div hdg ins 2017 No. 27s 20

Subdivision 1 Entitlement to lump sum compensation

sdiv hdg ins 2017 No. 27s 20

128F Application of subdivision

This subdivision applies to a worker—
(a)who has sustained an injury that is pneumoconiosis; and
(b)if section 119 applies for the worker’s injury—whose entitlement to compensation for the injury has not ended under section 119 (2).

s 128F ins 2017 No. 27s 20

128G Lump sum compensation

(1)The worker is entitled to lump sum compensation under this subdivision of up to $120,000 for the injury.
(2)The amount of the lump sum compensation is payable according to a graduated scale prescribed by regulation, calculated on the basis of—
(a)the worker’s pneumoconiosis score; and
(b)the worker’s lodgement age.
(3)For subsection (2), a regulation may prescribe bands (each a pneumoconiosis band) that comprise particular pneumoconiosis scores.
(4)Subject to section 140 , the worker’s entitlement to lump sum compensation under this subdivision is in addition to any entitlement to lump sum compensation under part 10.
(5)This section applies despite section 176 .

s 128G ins 2017 No. 27s 20

128H When lump sum compensation is payable

(1)The lump sum compensation is payable only after the worker’s injury has been assessed under section 179 .
(2)However, it does not matter whether the notice of assessment in relation to the injury states that the worker has sustained permanent impairment from the injury.

s 128H ins 2017 No. 27s 20

Subdivision 2 Entitlement to further lump sum compensation

sdiv hdg ins 2017 No. 27s 20

128I Application of subdivision

(1)This subdivision applies to a worker who has sustained an injury that is pneumoconiosis if—
(a)the worker has received either of the following for the injury—
(i)lump sum compensation under subdivision 1;
(ii)further lump sum compensation under this subdivision; and
(b)at any time after receiving the lump sum compensation, or further lump sum compensation, the worker’s pneumoconiosis score for the injury increases (the increased pneumoconiosis score) and falls within a higher pneumoconiosis band.
(2)This subdivision also applies to a worker who has sustained an injury that is pneumoconiosis if—
(a)a settlement for damages has been agreed, or judgment for damages has been given, for the injury; and
(b)the settlement or judgment does not include damages to compensate the worker for the future progression of the injury; and
(c)at any time after the settlement is agreed, or the judgment is given, the worker’s pneumoconiosis score for the injury increases (also the increased pneumoconiosis score) and falls within a higher pneumoconiosis band.
(3)For subsection (2)(b), if the settlement or judgment does not expressly state that it includes damages to compensate the worker for the future progression of the injury, the settlement or judgment is taken not to include damages for that purpose.

s 128I ins 2017 No. 27s 20

128J Further lump sum compensation

(1)The worker is entitled to further lump sum compensation under this subdivision for the injury.
(2)The amount of the further lump sum compensation is the difference between—
(a)the amount that would be payable according to the graduated scale mentioned in section 128G (2), calculated on the basis of—
(i)the worker’s increased pneumoconiosis score; and
(ii)the worker’s lodgement age; and
(b)the amount that would be payable according to the graduated scale mentioned in section 128G (2), calculated on the basis of—
(i)the worker’s relevant previous pneumoconiosis score; and
(ii)the worker’s lodgement age.
(3)For subsection (2)(b)(i), the worker’s relevant previous pneumoconiosis score is—
(a)if the worker has received lump sum compensation under subdivision 1, but not further lump sum compensation under this subdivision—the pneumoconiosis score that was used to calculate the compensation under subdivision 1; or
(b)if the worker has received further lump sum compensation under this subdivision—the pneumoconiosis score that was used, or that has most recently been used, to calculate the further compensation under this subdivision; or
(c)if the worker is a worker mentioned in section 128I (2) and has not received further lump sum compensation under this subdivision—the pneumoconiosis score worked out using the last chest x-ray of the worker taken before the settlement for damages was agreed or the judgment for damages was given.
(4)Subject to section 140 , the worker’s entitlement to further lump sum compensation under this subdivision is in addition to any entitlement to lump sum compensation under part 10.
(5)This section applies despite sections 119 , 176 and 239.

s 128J ins 2017 No. 27s 20

128K When further lump sum compensation is payable

(1)The further lump sum compensation is payable only after the worker’s injury has been further assessed under section 179 .
(2)However, it does not matter whether the notice of assessment in relation to the injury states that the worker has sustained permanent impairment from the injury.

s 128K ins 2017 No. 27s 20

Subdivision 3 Miscellaneous

sdiv hdg ins 2017 No. 27s 20

128L Advances on account

(1)This section applies if an insurer is satisfied a worker—
(a)is entitled to lump sum compensation under subdivision 1 or 2 for an injury; and
(b)is experiencing financial hardship.
(2)The insurer may, from time to time, advance to the worker amounts on account of any lump sum compensation as it considers appropriate in the circumstances.
(3)Subsection (2) applies despite sections 128H and 128K.
(4)Acceptance of the amount on account of lump sum compensation by the worker does not constitute an election by the worker not to seek damages for the injury.

Note—

See also section 178A .

s 128L ins 2017 No. 27s 20

128M Reduction of compensation for particular workers with more than 1 pneumoconiosis injury

(1)This section applies if a worker who has sustained an injury that is pneumoconiosis (the current injury)—
(a)is entitled to compensation under subdivision 1 or 2 for the current injury; and
(b)has previously received compensation under subdivision 1 or 2 for another injury that was pneumoconiosis (a previous injury).
(2)The compensation to which the worker would otherwise be entitled under subdivision 1 or 2 for the current injury must be reduced by an amount equal to the total of all amounts previously paid to the worker under subdivision 1 or 2 for the previous injury.

s 128M ins 2017 No. 27s 20

Part 4 Compensation affected by workers’ conduct

129Self-inflicted injuries

Compensation is not payable for an injury sustained by a worker if the injury is intentionally self-inflicted.

130Injuries caused by misconduct

(1)Compensation is payable for an injury sustained by a worker that is caused by the worker’s serious and wilful misconduct only if—
(a)the injury results in death; or
(b)the insurer considers that the injury could result in a DPI of 50% or more.

Note—

See, however, section 232H in relation to compensation payable under chapter 4A.
(2)However, compensation is not payable if the injury could result in a DPI of 50% or more arising from—
(a)a psychiatric or psychological injury; or
(b)combining a psychiatric or psychological injury and another injury.
(3)If the insurer and the worker can not agree that the worker’s injury could result in a DPI of 50% or more—
(a)the degree of permanent impairment that could be sustained by the worker may be decided only by a medical assessment tribunal; and
(b)the insurer must refer the question of the degree of permanent impairment to a tribunal for decision.

s 130 amd 2013 No. 52s 8 (retro); 2016 No. 44s 16

Part 5 Compensation application and other procedures

131Time for applying

(1)An application for compensation is valid and enforceable only if the application is lodged by the claimant within 6 months after the entitlement to compensation arises.
(2)If an application is lodged more than 20 business days after the entitlement to compensation arises, the extent of the insurer’s liability to pay compensation is limited to a period starting no earlier than 20 business days before the day on which the valid application is lodged.
(3)Subsection (2) does not apply if death is, or results from, the injury.
(4)An insurer must waive subsection (1) for a particular application if it is satisfied that special circumstances of a medical nature, decided by a medical assessment tribunal, exist.
(5)An insurer may waive subsection (1) or (2) for a particular application if the insurer is satisfied that a claimant’s failure to lodge the application was due to—
(a)mistake; or
(b)the claimant’s absence from the State; or
(c)a reasonable cause.

s 131 amd 2004 No. 45s 3 sch

132Applying for compensation

(1)An application for compensation must be made in the approved form by the claimant.
(2)The application must be lodged with the insurer.
(3)The application must be accompanied by—
(a)a certificate in the approved form given by—
(i)a doctor who attended the claimant; or
(ii)if the application relates to a minor injury—a nurse practitioner who attended the claimant and who is acting in accordance with the workers’ compensation certificate protocol; and
(b)any other evidence or particulars prescribed under a regulation.
(4)A registered dentist may issue the certificate mentioned in subsection (3)(a) for an oral injury.
(5)If the claimant can not complete an application because of a physical or mental incapacity, someone else may complete it on the claimant’s behalf.

s 132 amd 2009 No. 44s 185; 2010 No. 24s 3 sch

132AApplying for assessment of DPI if no application made for compensation

(1)This section applies to a worker who has not made an application under section 132 .
(1A)However, this section does not apply to a worker who is, or may be, entitled to compensation under chapter 4A.
(2)The worker may apply to the insurer to have the worker’s injury assessed under section 179 to decide if the worker’s injury has resulted in a DPI.
(3)An application under subsection (2) must be—
(a)lodged with the insurer; and
(b)in the approved form; and
(c)accompanied by—
(i)a certificate in the approved form given by a doctor who attended the worker; and
(ii)any other evidence or particulars prescribed under a regulation.
(4)A registered dentist may issue the certificate mentioned in subsection (3)(c)(i) for an oral injury.
(5)If the worker can not complete an application because of a physical or mental incapacity, someone else may complete it on the worker’s behalf.
(6)The insurer must, within 40 business days after an application under subsection (2) is made, decide to allow or reject the application.
(7)The insurer may reject the application only if satisfied the worker—
(a)was not a worker when the injury was sustained; or
(b)has not sustained an injury; or
(c)is, or may be, entitled to compensation under chapter 4A because—
(i)the worker has sustained a serious personal injury that meets the chapter 4A eligibility criteria; and
(ii)section 116 does not apply to the injury.
(8)The insurer must notify the worker of its decision on the application.
(9)If the insurer rejects the application, the insurer must also, when giving the worker notice of its decision, give the worker written reasons for the decision and the information prescribed by regulation.
(10)If the worker is aggrieved by the insurer’s decision on the application, the worker may have the decision reviewed under chapter 13.
(11)If the insurer does not decide the application within the time stated in subsection (6)—
(a)the insurer must, within 5 business days after the end of the time stated in subsection (6), notify the worker—
(i)of its reasons for not deciding the application; and
(ii)that the worker may have the insurer’s failure to decide the application reviewed under chapter 13; and
(b)the worker may have the insurer’s failure to decide the application reviewed under chapter 13.
(12)To remove any doubt, it is declared that a decision of the insurer to allow the application does not entitle the worker to compensation for the injury.

s 132A ins 2013 No. 52s 9 (retro)

amd 2015 No. 13s 4 (retro); 2016 No. 44s 17; 2017 No. 27s 41sch 1

132BApplying for certificate of dependency

(1)This section applies to a person who—
(a)wishes to seek damages as a dependant of a deceased worker; and
(b)has not made an application under section 132 .
(2)The person may apply to the insurer for the issue of a certificate stating the person is a dependant of the deceased worker for the purpose of section 237 (1)(b)(ii).
(3)An application under subsection (2) must be—
(a)lodged with the insurer; and
(b)in the approved form; and
(c)accompanied by—
(i)a certificate in the approved form given by a doctor who attended the deceased worker; and
(ii)any other evidence or particulars prescribed by regulation.
(4)The insurer must, within 40 business days after the application is made, decide to allow or reject the application.
(5)The insurer may reject the application only if satisfied—
(a)the person is not a dependant of the deceased worker; or
(b)the deceased worker was not a worker when the injury was sustained; or
(c)the deceased worker did not sustain an injury; or
(d)the injury did not result in the worker’s death.
(6)The insurer must notify the person of its decision on the application.
(7)If the insurer rejects the application, the insurer must also, when giving the person notice of its decision, give the person written reasons for the decision and the information prescribed by regulation.
(8)If the person is aggrieved by the insurer’s decision on the application, the person may have the decision reviewed under chapter 13.
(9)If the insurer does not decide the application within the time stated in subsection (4)—
(a)the insurer must, within 5 business days after the end of the time stated in subsection (4), notify the person—
(i)of its reasons for not deciding the application; and
(ii)that the person may have the insurer’s failure to decide the application reviewed under chapter 13; and
(b)the person may have the insurer’s failure to decide the application reviewed under chapter 13.
(10)To remove any doubt, it is declared that a decision of the insurer to allow the application does not entitle the person to compensation for the injury.

s 132B ins 2015 No. 13s 5 (retro)

133Employer’s duty to report injury

(1)An employer, other than an employer who is a self-insurer, whose worker sustains an injury for which compensation may be payable must complete a report in the approved form and send it to the nearest office of WorkCover.
(2)The employer must send the report immediately after the first of the following happens—
(a)the employer knows the injury has been sustained;
(b)the worker reports the injury to the employer;
(c)the employer receives WorkCover’s written request for a report.
(3)If an employer fails to comply with subsection (1) within 8 business days after any of the circumstances mentioned in subsection (2), the employer commits an offence, unless the employer has a reasonable excuse.

Maximum penalty—50 penalty units.

s 133 amd 2004 No. 45s 3 sch

133AEmployer’s duty to tell WorkCover if worker asks for, or employer makes, a payment

(1)An employer, other than a self-insurer, must give WorkCover written notice in the approved form if—
(a)a worker asks the employer for compensation for an injury sustained by the worker; or
(b)the employer pays the worker an amount, either in compensation or instead of compensation, that is payable by the employer or WorkCover under the Act for an injury sustained by the worker.
(2)If the employer fails to comply with subsection (1) within 8 business days after the request or payment is made, the employer commits an offence, unless the employer has a reasonable excuse.

Maximum penalty—50 penalty units.

s 133A ins 2004 No. 45s 17

134Decision about application for compensation

(1)A claimant’s application for compensation must be allowed or rejected in the first instance by the insurer.
(2)The insurer must make a decision on the application within 20 business days after the application is made.
(3)The insurer must notify the claimant of its decision on the application.
(4)If the insurer rejects the application, the insurer must also, when giving the claimant notice of its decision, give the claimant written reasons for the decision and the information prescribed under a regulation.
(5)Subsection (6) applies if the insurer does not make a decision on the application within the time stated in subsection (2).
(6)The insurer must, within 5 business days after the end of the time stated in subsection (2), notify the claimant of its reasons for not making the decision and that the claimant may have the claimant’s application reviewed under chapter 13.

s 134 amd 2004 No. 45s 18; 2007 No. 52s 7

135Examination by registered person

(1)An insurer may at any time require a claimant or a worker to submit to a personal examination by a registered person at a place reasonably convenient for the claimant or worker.
(2)Subsection (3) applies if the claimant or worker—
(a)fails, without reasonable excuse, to attend for the examination at the time and place advised by the insurer; or
(b)having attended, refuses to be examined by the registered person; or
(c)obstructs, or attempts to obstruct, the examination.
(3)Any entitlement the claimant or worker may have to compensation is suspended until the claimant or worker undergoes the examination.

136Worker must notify return to work or engagement in a calling

(1)A worker receiving compensation for an injury must give notice within 10 business days of the worker’s—
(a)return to work; or
(b)engagement in a calling.

Maximum penalty—50 penalty units.

(2)The notice must be given to the insurer.
(3)The notice may be a certificate in the approved form of a doctor stating the worker’s capacity for work.

s 136 amd 2004 No. 45s 3 sch; 2008 No. 67s 311

137Suspension of compensation during term of imprisonment

An insurer may suspend compensation payable to a worker if the worker is serving a term of imprisonment.

138Compensation not payable during suspension

If an entitlement to compensation is suspended under this chapter or chapter 4, 11 or 13, no compensation is payable for the period of suspension.

Note—

See also section 232ZH in relation to suspension of compensation under chapter 4A.

s 138 amd 2016 No. 44s 18

Part 6 Maximum statutory compensation

139Application of pt 6

This part applies to 1 injury or multiple injuries sustained by a worker in any 1 event.

140Maximum entitlement

(1)The maximum amount of compensation payable for 1 injury or multiple injuries sustained in 1 event, other than for a latent onset injury that is a terminal condition, is—
(a)for compensation payable as weekly payments under part 9—$200,000; and
(b)for the total of all lump sum compensation payable under part 3, division 5 and section 180 —$200,000.

Note—

For the entitlement to compensation of a worker who has sustained a latent onset injury that is a terminal condition, see chapter 3, part 3, division 4.
(2)A worker to whom the maximum amount of compensation is paid is not entitled to further compensation for the injury or multiple injuries arising from the event for any period after the payment is made.
(3)However, subsections (1) and (2) do not limit the power to make additional payment of compensation under part 10, division 4.
(4)In subsection (1)—
compensation does not include compensation provided for under part 8 or chapter 4A.

s 140 amd 2004 No. 45s 19; 2005 No. 50s 17; 2007 No. 36s 2 sch; 2010 No. 24s 3 sch; 2013 No. 52s 56sch 1 (retro); 2016 No. 44s 19; 2017 No. 27s 21

Part 7 Payment of compensation

141Time from which compensation payable

(1)The entitlement to compensation for an injury arises on the day the worker is assessed by—
(a)a doctor; or
(b)if the injury is a minor injury—a nurse practitioner acting in accordance with the workers’ compensation certificate protocol; or
(c)if the injury is an oral injury and the worker attends a dentist—the dentist.
(2)However, any entitlement to weekly payment of compensation starts on—
(a)if a doctor, nurse practitioner or dentist assesses the injury as resulting in total or partial incapacity for work on the day the worker stops work because of the injury—the day after the worker stops work because of the injury; or
(b)if a doctor, nurse practitioner or dentist assesses the injury as resulting in total or partial incapacity for work on a day later than the day the worker stops work because of the injury—the day the doctor, nurse practitioner or dentist assesses the injury.
(3)Also, any entitlement to payments under chapter 4A starts when the period mentioned in section 232L (3) or 232ZD(8) starts for the worker.
(4)Subsections (1) to (3) are not intended to limit any availability for compensation for the day of injury provided for under part 8.
(5)Subsection (2) is subject to section 131 (2).

s 141 amd 2009 No. 44s 186; 2016 No. 44s 20

Part 8 Compensation for day of injury

142Application of pt 8

This part applies only if a worker stops work because of an injury and under the industrial instrument or contract of employment applying to the worker—
(a)the worker is not entitled to be paid for the whole of the day on which the worker stops work; or
(b)no amount is specified as being payable to the worker for the whole of the day on which the worker stops work; or
(c)the amount specified as being payable to the worker for the whole of the day on which the worker stops work is less than the amount payable as compensation under this part.

s 142 sub 2006 No. 22s 20

143Definition for pt 8

In this part—
compensation under this part means an amount equal to the amount the worker would have received from the worker’s employment for the day on which the worker stops work because of an injury if the worker were at work and the injury had not been sustained.

144When employer must pay worker for day of injury

(1)For the day the worker stops work because of the injury, the worker is entitled to compensation under this part for the injury.
(1A)Subsection (1) applies despite anything in an industrial instrument or contract of employment applying to the worker.
(2)Despite section 109 , the employer must pay the compensation.
(3)The amount of compensation under this part that is payable is in addition to any other compensation payable to the worker under this Act.
(4)The day for which compensation under this part is payable is not to be included in the excess period under section 66 .

s 144 amd 2006 No. 22s 21

Part 8A When entitlement to compensation stops

pt hdg ins 2004 No. 45s 20

144AWhen weekly payments of compensation stop

(1)The entitlement of a worker to weekly payments of compensation under part 9 stops when the first of the following happens—
(a)the incapacity because of the work related injury stops;
(b)the worker has received weekly payments for the incapacity for 5 years;
(c)compensation under this part reaches the maximum amount under part 6.
(2)If subsection (1)(b) or (c) applies, the worker’s entitlement to further compensation for the injury stops.
(3)Subsection (2) does not apply to the worker’s entitlement to compensation under chapter 4A.
(4)This section does not limit another provision of this Act that stops weekly payments.

s 144A (prev s 177) amd 2004 No. 45s 27(1)–(2)

renum and reloc 2004 No. 45s 27(3)

amd 2016 No. 44s 21

144BWhen payment of medical treatment, hospitalisation and expenses stops

The entitlement of a worker to the payment of medical treatment, hospitalisation and expenses under chapter 4 for an injury stops when—
(a)the entitlement of the worker to weekly payments of compensation under part 9 stops; and
(b)medical treatment by a registered person is no longer required for the management of the injury because the injury is not likely to improve with further medical treatment or hospitalisation.

s 144B ins 2004 No. 45s 20

Part 9 Weekly payment of compensation

Division 1 Application

145Application and object of pt 9

(1)This part applies if a worker is totally or partially incapacitated because of injury for which compensation is payable.
(2)The object of this part is to provide for weekly payments to the worker during the period of incapacity.

Division 2 Advances on weekly payments

146Advances on account

(1)If an insurer is satisfied that an application for compensation under this part is well founded, it may from time to time advance to the worker amounts on account of weekly payment of compensation as it considers appropriate in the circumstances.
(2)The insurer may exercise the power under subsection (1) at any time before the entitlement to compensation is—
(a)ascertained; or
(b)reviewed under chapter 13.

Division 3 Adjustment of entitlements under pt 9

147Worker can not receive more than if injury had not been sustained

(1)A worker must not receive an amount under this part that is more than the worker would have received from the worker’s employment if the worker were at work and the injury had not been sustained.
(2)Subsection (1) has effect despite any other provision of this part.

148Regard to other benefits for workers

Despite divisions 4 and 5, in assessing the amount of weekly payment of compensation, the insurer—
(a)may have regard to the amount of an entitlement had by the worker independently of this Act by way of—
(i)payment or other benefit that is being, has been, or will be received by the worker; and
(ii)payment that is being, has been, or will be made on account of the worker; and
(b)may reduce the weekly payment of compensation by the equivalent weekly amount of the payment or other benefit mentioned in paragraph (a) for the relevant period of compensation.

Division 4 Entitlement for total incapacity

Subdivision 1 Application of div 4

149Entitlement to weekly payments

Compensation payable to a totally incapacitated worker or person to whom subdivision 3 or 4 applies is a weekly payment under this division.

Subdivision 2 Workers

150Total incapacity—workers whose employment is governed by an industrial instrument

(1)The compensation payable to a totally incapacitated worker whose employment is governed by an industrial instrument is, for each week—
(a)for the first 26 weeks of the incapacity, the greater of the following—
(i)85% of the worker’s NWE;
(ii)the amount payable under the worker’s industrial instrument; and
(b)from the end of the first 26 weeks of the incapacity until the end of the first 2 years of the incapacity, the greater of the following—
(i)75% of the worker’s NWE;
(ii)70% of QOTE; and
(c)from the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity—
(i)if a worker demonstrates to the insurer that the injury could result in a DPI of more than 15%—the greater of the following—
(A)75% of the worker’s NWE;
(B)70% of QOTE; or
(ii)otherwise—an amount equal to the single pension rate.
(2)However, the amount paid under subsection (1)(b) or (c) must not be more than the amount to which the worker would be entitled under subsection (1)(a).

s 150 amd 2004 No. 45s 21; 2005 No. 50s 18; 2007 No. 52s 8; 2013 No. 52s 56sch 1 (retro)

151Total incapacity—workers whose employment is not governed by industrial instrument

(1)The compensation payable to a totally incapacitated worker whose employment is not governed by an industrial instrument is, for each week—
(a)for the first 26 weeks of the incapacity, the greater of the following—
(i)85% of the worker’s NWE;
(ii)80% of QOTE; and
(b)from the end of the first 26 weeks of the incapacity until the end of the first 2 years of the incapacity, the greater of the following—
(i)75% of the worker’s NWE;
(ii)70% of QOTE; and
(c)from the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity—
(i)if a worker demonstrates to the insurer that the injury could result in a DPI of more than 15%—the greater of the following—
(A)75% of the worker’s NWE;
(B)70% of QOTE; or
(ii)otherwise—an amount equal to the single pension rate.
(2)However, the amount must not be more than the worker’s NWE.

s 151 amd 2004 No. 45s 22; 2005 No. 50s 19; 2007 No. 52s 9; 2013 No. 52s 56sch 1 (retro)

152Total incapacity—certain contract workers

(1)The compensation payable to a totally incapacitated contract worker is, for each week—
(a)for the first 26 weeks of the incapacity, the greater of the following—
(i)85% of the worker’s NWE;
(ii)the amount payable under the worker’s contract of service; and
(b)from the end of the first 26 weeks of the incapacity until the end of the first 2 years of the incapacity, the greater of the following—
(i)75% of the worker’s NWE;
(ii)70% of QOTE; and
(c)from the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity—
(i)if a worker demonstrates to the insurer that the injury could result in a DPI of more than 15%—the greater of the following—
(A)75% of the worker’s NWE;
(B)70% of QOTE; or
(ii)otherwise—an amount equal to the single pension rate.
(2)However, the amount paid under subsection (1)(b) or (c) must not be more than the amount to which the worker would be entitled under subsection (1)(a).
(3)In this section—
contract worker means a worker employed under a contract of service—
(a)as a public service officer; or
(b)as an officer of a government entity; or
(c)by a university; or
(d)as a salaried employee in the electricity industry; or
(e)as a health service employee under the Hospital and Health Boards Act 2011 .

s 152 amd 2004 No. 45s 23; 2005 No. 50s 20; 2007 No. 52s 10; 2011 No. 32s 332sch 1 pt 2 (amd 2012 No. 9s 47); 2013 No. 52s 56sch 1 (retro)

153Total incapacity—casual or part-time workers

(1)The compensation payable to a totally incapacitated worker engaged in casual or part-time employment is a payment under section 150 , 151 or 152 .
(2)However, the payment must not be more than the worker’s NWE.

154Total incapacity—workers receiving certain benefits under Commonwealth law

(1)This section applies if a totally incapacitated worker was receiving an age, disability support or class B widow pension under a Commonwealth law when the injury was sustained.
(2)The compensation payable to the worker is the lesser of the following amounts—
(a)the amount the worker was earning at the time of the injury;
(b)the amount the worker is entitled to earn before the maximum pension payable to the worker is reduced.

155Total incapacity—workers with more than 1 employer

(1)This section applies if—
(a)a totally incapacitated worker is employed by more than 1 employer when the injury is sustained; and
(b)the worker’s employment with 1 employer is other than as a casual employee.
(2)The insurer may decide that the worker’s entitlement to compensation is to be calculated under the industrial instrument that increases the worker’s entitlement to compensation.
(3)If the insurer makes a decision under subsection (2), the entitlement to compensation is calculated under the industrial instrument decided by the insurer.

Subdivision 3 Persons entitled to compensation other than workers, students and eligible persons

156Application of sdiv 3

This subdivision applies to a person entitled to compensation, other than a worker, a student or an eligible person.

157Total incapacity

(1)The compensation payable to a totally incapacitated person is a payment under this section.
(2)The payment for a person who is not in employment or self-employed is the amount (if any) that WorkCover considers is reasonable.
(3)However, the payment under subsection (2) must not be more than 70% of QOTE.
(4)The payment for a person who is employed, but not self-employed, is a payment under section 150 , 151 , 152 , 153 , 154 or 155 .
(5)The payment for a person who is self-employed is, for each week—
(a)for the first 26 weeks of the incapacity—
(i)if subparagraph (ii) does not apply—80% of QOTE; or
(ii)if the person replaces the person’s labour—the payment under subsection (6); and
(b)from the end of the first 26 weeks of the incapacity until the end of the first 2 years of the incapacity, the greater of the following—
(i)70% of QOTE;
(ii)the reasonable cost of labour paid to replace the person; and
(c)from the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity—
(i)if a person demonstrates to WorkCover that the injury could result in a DPI of more than 15%—the greater of the following—
(A)75% of the person’s NWE;
(B)70% of QOTE; or
(ii)otherwise—an amount equal to the single pension rate.
(6)For subsection (5)(a)(ii), the amount is—
(a)if paragraph (b) does not apply—85% of the reasonable cost of labour paid to replace the person; or
(b)if the reasonable cost of labour paid to replace the person is less than 80% of QOTE—the reasonable cost of labour paid to replace the person.

s 157 amd 2004 No. 45s 24; 2005 No. 50s 21; 2007 No. 52s 11; 2013 No. 52s 56sch 1 (retro)

Subdivision 4 Eligible persons

158Application of sdiv 4

This subdivision applies to an eligible person.

159Total incapacity

(1)The compensation payable to a totally incapacitated person is, for each week—
(a)for the first 26 weeks of the incapacity—
(i)the lesser of the following—
(A)85% of the amount stated in the person’s contract of insurance;
(B)the person’s actual earnings when the injury was sustained; or
(ii)if the person replaces the person’s labour—the payment under subsection (2); and
(b)from the end of the first 26 weeks of the incapacity until the end of the first 2 years of the incapacity—
(i)the greater of the following—
(A)75% of the amount stated in the person’s contract of insurance;
(B)70% of QOTE; or
(ii)if the person replaces the person’s labour—the payment under subsection (2); and
(c)from the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity—
(i)if the person demonstrates to WorkCover that the injury could result in a DPI of more than 15%—the greater of the following—
(A)75% of the amount stated in the person’s contract of insurance;
(B)70% of QOTE; or
(ii)otherwise—an amount equal to the single pension rate.
(2)For subsection (1)(a)(ii) and (b)(ii), the amount is—
(a)if paragraph (b) does not apply—85% of the reasonable cost of labour paid to replace the person; or
(b)if the reasonable cost of labour paid to replace the person is less than 85% of the amount stated in the person’s contract of insurance—the reasonable cost of labour paid to replace the person.
(3)However, the amount paid under subsection (1)(b) or (c) must not be more than the amount to which the person would be entitled under subsection (1)(a).

s 159 amd 2004 No. 45s 25; 2005 No. 50 ss 22, 3 sch; 2007 No. 52s 12; 2013 No. 52s 56sch 1 (retro)

Subdivision 5 Reference to tribunal

160Total incapacity—reference about impairment to medical assessment tribunal

(1)This section applies if—
(a)for section 150 (1)(c)(i), 151(1)(c)(i), 152(1)(c)(i), 157(5)(c)(i) or 159(1)(c)(i), an insurer and a worker or a person can not agree that the injury could result in a DPI of more than 15%; or
(b)for section 150 (1)(c)(ii), 151(1)(c)(ii), 152(1)(c)(ii), 157(5)(c)(ii) or 159(1)(c)(ii), an insurer and a worker or a person can not agree that the injury could result in a DPI of 15% or less.
(2)The degree of permanent impairment that could result from the injury may be decided only by a medical assessment tribunal.
(3)The insurer must refer the question of the degree of permanent impairment to a tribunal for decision.
(4)In deciding the degree of permanent impairment that could result from the injury, a psychiatric or psychological injury must not be combined with another injury.

s 160 amd 2004 No. 45s 26; 2007 No. 52s 13; 2013 No. 52s 10 (retro)

Division 5 Entitlement for partial incapacity

Subdivision 1 Persons entitled to compensation other than eligible persons

161Application of sdiv 1

This subdivision applies to a person entitled to compensation, other than an eligible person.

162Definitions for sdiv 1

In this subdivision—
LE means the worker’s or person’s loss of earnings, expressed as a weekly rate, because of the injury.
loss of earnings means the difference between—
(a)the amount of the worker’s or person’s normal weekly earnings at the time of injury; and
(b)the amount—
(i)of the worker’s or person’s weekly earnings from employment during the period of partial incapacity; or
(ii)if the worker or person is not in employment during the period of partial incapacity—that could be reasonably expected to be derived by the worker or person during the period, having regard to the worker’s or person’s incapacity and the availability of employment.
MC means the maximum compensation expressed as a weekly rate, that would have been payable under this part had total incapacity of the worker or person resulted from the injury.
NWE see section 106 .
PC means the compensation expressed as a weekly rate, payable for the injury on account of the partial incapacity.

163Partial incapacity

(1)Compensation payable to a partially incapacitated worker or person is a weekly payment under this section.
(2)The weekly payment is an amount calculated under the following formula—

equation

(3)However, the amount must not be more than MC.

Subdivision 2 Eligible persons

164Application of sdiv 2

This subdivision applies to an eligible person.

165Definitions for sdiv 2

In this subdivision—
AP means the amount payable under section 159 (1)(a).
LE means the person’s loss of earnings, expressed as a weekly rate, because of the injury.
loss of earnings means the difference between—
(a)the amount payable under section 159 (1)(a); and
(b)the amount of the person’s weekly earnings from employment during the period of partial incapacity.
MC means the maximum compensation expressed as a weekly rate, that would have been payable under this part had total incapacity of the person resulted from the injury.
PC means the compensation expressed as a weekly rate, payable for the injury on account of the partial incapacity.

166Partial incapacity

(1)Compensation payable to a partially incapacitated person is a weekly payment under this section.
(2)The weekly payment is an amount calculated under the following formula—

equation

(3)However, the amount must not be more than MC.

Subdivision 3 Requiring information

167Insurer may require information from partially incapacitated worker or person

(1)An insurer may, by written notice given to a partially incapacitated worker or person, require the worker or person to give the insurer information about, and particulars of, the worker’s or person’s employment and earnings during a period of partial incapacity.
(2)If a worker or person fails to give the insurer the required information or particulars within 10 business days after receiving the notice, the insurer may suspend the worker’s or person’s entitlement to weekly payments of compensation until the worker or person fully complies with the request.

s 167 amd 2004 No. 45s 3 sch

Division 6 Review of compensation

168Review of compensation and associated payments

(1)An insurer may, from time to time, review a person’s entitlement to compensation.
(2)On a review, the insurer may terminate, suspend, decrease or increase an entitlement.

Note—

See also chapter 4A, part 4 for reviews of entitlement to compensation under chapter 4A.

s 168 amd 2016 No. 44s 22

169Review of weekly payments—worker under 18

(1)This section applies if a worker receiving weekly payments of compensation—
(a)was under 18 years when the injury was sustained; and
(b)a review takes place more than 12 months after the injury was sustained.
(2)The worker’s entitlement to weekly compensation may be increased from the date of the review.
(3)The worker’s future entitlement to weekly payment of compensation must be calculated having regard to the industrial instrument applying to the worker as if the worker were at work and the injury had not been sustained.
(4)This section does not limit another provision of this chapter that provides for a review of the worker’s entitlement.

s 169 amd 2010 No. 24s 3 sch

170Recovery of compensation overpaid

(1)This section applies if, for an application for compensation, payment has been made to a worker or another person of an amount that is more than the amount to which the worker or person is entitled.
(2)The insurer may—
(a)recover from the worker or person the difference between the payment and the entitlement; or
(b)from time to time deduct from weekly payments of compensation that become payable to the worker, whether for that application or a subsequent application for compensation, the difference between the payment and the entitlement, or any part of the difference.
(3)If the overpayment has been made because of incorrect information given by a worker’s employer, WorkCover may recover the overpaid amount from the employer.

Division 7 Redemption of weekly payments

171Redemption—worker receiving weekly payments for at least 2 years

(1)This section applies if—
(a)a worker has been receiving weekly payments of compensation for at least 2 years; and
(b)the insurer receives a report from a doctor that the worker’s injury is not stable and stationary for the purposes of assessing permanent impairment.
(2)The insurer’s liability to make weekly payments of compensation may be discharged by a redemption payment to the worker in an amount agreed between the insurer and the worker.

172Redemption—worker moves interstate

(1)This section applies if—
(a)a worker receiving weekly payments of compensation moves interstate permanently; and
(b)the insurer receives a report from a doctor that the worker’s injury is not stable and stationary for the purposes of assessing permanent impairment.
(2)The insurer’s liability to make weekly payments of compensation may be discharged by a redemption payment to the worker in an amount agreed between the insurer and the worker.

173Redemption—worker moves abroad

(1)This section applies if a worker receiving weekly payments of compensation stops ordinarily residing in Australia.
(2)The worker stops being entitled to compensation.
(3)However, if the worker satisfies the insurer that the worker’s incapacity resulting from the injury for which the compensation is payable is permanent, the worker is entitled to a redemption payment in an amount agreed between the insurer and the worker.
(4)Subsection (2) does not apply to compensation under chapter 4A.

Note—

See section 232L (4)(b) and chapter 4A, part 6 for what happens in relation to a worker’s compensation under chapter 4A if the worker is absent from Australia.

s 173 amd 2016 No. 44s 23

174Calculation of redemption payment

(1)The amount of a redemption payment that the insurer may pay to a worker is an amount that is not more than the amount calculated under the following formula—

(156 x Q) – TWP

(2)In subsection (1)—
Q is 70% of QOTE.
TWP means the total weekly payments already paid to the worker.

s 174 amd 2007 No. 52s 14

175Review of redemption payment

(1)If a worker asks, a redemption payment may be reviewed by the insurer within 12 months after the payment is made.
(2)On a review, the insurer may decrease or, subject to section 174 , increase the payment.

176No compensation after redemption payment made

(1)A worker to whom a redemption payment is made is not entitled to further compensation for the event after the amount of the payment is agreed or decided.
(2)Subsection (1) does not apply to compensation under chapter 4A.

s 176 amd 2016 No. 44s 24

Division 8 [Repealed]

(Repealed)

div hdg om 2004 No. 45s 3 sch

Part 10 Entitlement to compensation for permanent impairment

Division 1 General statement

178Entitlement to assessment of permanent impairment and lump sum compensation

(1)Under this part, an insurer or a worker is entitled to ask for an assessment to decide if a worker has sustained a DPI from injury.
(2)If the worker is assessed under this part as having sustained a DPI, the worker is entitled to a payment, or an offer of payment, of lump sum compensation for the permanent impairment.
(3)In particular circumstances, the worker may be entitled to a payment of additional lump sum compensation.

s 178 amd 2013 No. 52s 56sch 1 (retro)

Division 1A Advances on lump sum compensation

div hdg ins 2007 No. 52s 15

178AAdvances on account

(1)This section applies if an insurer is satisfied that the worker—
(a)has an entitlement to lump sum compensation for an injury; and
(b)is experiencing financial hardship.
(2)The insurer may from time to time advance to the worker amounts on account of lump sum compensation as it considers appropriate in the circumstances.
(3)Acceptance of the amount on account of lump sum compensation by the worker does not constitute an election by the worker not to seek damages for the injury.

Note—

See also section 128L .

s 178A ins 2007 No. 52s 15

amd 2017 No. 27s 41sch 1

Division 2 Assessment of permanent impairment

div hdg amd 2013 No. 52s 11 (retro)

179Assessment of permanent impairment

(1)An insurer may decide, or a worker who has made an application under section 132 may ask the insurer, to have the worker’s injury assessed to decide if the worker’s injury has resulted in a degree of permanent impairment.

Note—

See also section 193C for when an insurer may decide, or the worker may ask the insurer, to have the worker’s injury further assessed under this section.
(2)The insurer must have the degree of permanent impairment assessed—
(a)for industrial deafness—by an audiologist; or
(b)for a psychiatric or psychological injury—by a medical assessment tribunal; or
(c)for another injury—by a doctor.
(3)The degree of permanent impairment must be assessed in accordance with the GEPI to decide the DPI for the injury, and a report complying with the GEPI must be given to the insurer.
(4)If the worker sustains permanent impairment from multiple injuries sustained in 1 event—
(a)the degree of permanent impairment for the injuries, other than a psychiatric or psychological injury, must be assessed together to decide the DPI for the injuries; and
(b)the degree of permanent impairment for the psychiatric or psychological injury must be assessed separately to decide the DPI for the injury.

s 179 amd 2013 No. 52s 12 (retro); 2017 No. 27s 22

180Calculation of lump sum compensation

(1)If, as a result of an assessment under section 179 , a worker is entitled to lump sum compensation, the amount of the lump sum compensation must be calculated under a regulation having regard to the DPI.
(2)Without limiting subsection (1), lump sum compensation for injury must not include an amount for a degree of impairment attributable to—
(a)a condition existing before the injury; or
(b)a condition for which the worker is not entitled to compensation.
(3)The amount of lump sum compensation is to be calculated as at the day the insurer makes an offer of lump sum compensation to the worker under section 187 .

s 180 amd 2013 No. 52s 13 (retro)

181Regard to previous entitlement to lump sum compensation for injury other than industrial deafness

(1)This section applies if—
(a)a worker has previously had an entitlement to lump sum compensation for injury (other than industrial deafness) to a part of the worker’s body; and
(b)the worker sustains a further injury to the same part of the body (the later injury).
(2)Lump sum compensation under section 180 for the later injury must be reduced by the worker’s previous entitlement.

Example—

A worker loses the distal joint of the right index finger in a work related event and has an entitlement to lump sum compensation for the permanent impairment. The worker loses the remaining part of the right index finger in a subsequent work related event. The entitlement for the second permanent impairment must be reduced by the entitlement from the first permanent impairment.

182Regard to previous assessment for industrial deafness

(1)This section applies if—
(a)a worker has previously had an entitlement to lump sum compensation for industrial deafness; and
(b)the worker sustains further industrial deafness.
(2)In deciding the lump sum compensation under section 180 for the further industrial deafness, the assessed percentage loss of hearing must be reduced by the previously assessed percentage loss of hearing.

183Guidelines for assessing a worker’s degree of permanent impairment and deciding DPI

(1)The Regulator must make guidelines for assessing a worker’s degree of permanent impairment for an injury to decide the DPI for the injury.
(2)The guidelines are to be called the Guidelines for Evaluation of Permanent Impairment.
(3)The Regulator must publish the guidelines in the gazette.
(4)The guidelines take effect—
(a)when published in the gazette; or
(b)if a later date is specified in the gazette—on the later date.
(5)The Regulator must consult with the Minister before making or amending the guidelines.

s 183 amd 2013 No. 52 ss 14 (retro), 114 sch 2

Division 3 Notification of assessment of permanent impairment

184Application of div 3

This division applies if an assessment of permanent impairment of a worker’s injury has been made under section 179 .

185Insurer to give notice of assessment of permanent impairment

(1)The insurer must, within 10 business days after receiving the assessment of the worker’s permanent impairment, give the worker a notice of assessment in the approved form.
(2)To remove any doubt, it is declared that if a worker sustains multiple injuries in an event, the insurer must give the notice only after the worker’s DPI for all injuries has been decided.
(3)The notice must state—
(a)whether the worker has sustained permanent impairment from the injury; and
(b)if the worker has sustained permanent impairment—
(i)the DPI for the injury; and
(ii)the amount of lump sum compensation under section 180 to which the worker is entitled for the injury; and
(c)if the worker is entitled to additional lump sum compensation under division 4—the worker’s entitlement.

s 185 amd 2004 No. 45s 3 sch; 2010 No. 24s 7; 2013 No. 52s 15 (retro); 2015 No. 13s 32; 2017 No. 27s 41sch 1

186Worker’s disagreement with assessment of permanent impairment

(1)This section applies if—
(a)the worker’s degree of permanent impairment has not been assessed by a medical assessment tribunal; and
(b)the worker does not agree with the degree of permanent impairment stated in the notice of assessment (the original notice).
(2)The worker must advise the insurer within 20 business days after the original notice is given (the decision period) that the worker—
(a)does not agree with the degree of permanent impairment; and
(b)requests—
(i)that the insurer has the worker’s injury assessed again under section 179 by an entity mentioned in section 179 (2) and agreed to by the worker and the insurer, (other than the entity that gave the report to the insurer under section 179 (3)); or
(ii)that the insurer refer the question of degree of permanent impairment to a tribunal for decision.
(3)If the worker makes a request mentioned in subsection (2)(b)(i), the insurer must decide, within 10 business days after receiving the request, whether to have the worker’s injury assessed again under section 179 to decide if the worker’s injury has resulted in a degree of permanent impairment.
(4)If, under subsection (3), the insurer decides to have the worker’s injury assessed again under section 179 , the original notice is taken to have never been given.
(5)If the insurer has the worker’s injury assessed again under section 179 , the worker can not make a further request mentioned in subsection (2)(b)(i).
(6)If—
(a)under subsection (3), the insurer decides not to have the worker’s injury assessed again under section 179 ; or
(b)the worker makes a request mentioned in subsection (2)(b)(ii);

the insurer must refer the question of degree of permanent impairment to a medical assessment tribunal for decision.

(7)The degree of permanent impairment may then be decided only by a medical assessment tribunal.

s 186 amd 2004 No. 45s 3 sch; 2013 No. 52s 56sch 1 (retro)

sub 2013 No. 52s 68A

amd 2015 No. 13s 25

187Offer of lump sum compensation

If the worker has an entitlement to lump sum compensation under section 180 , the insurer must include, in the notice of assessment, an offer of lump sum compensation to the worker (the offer).

188Worker’s decision about lump sum compensation—DPI 20% or more

(1)This section applies if—
(a)the worker has—
(i)a psychiatric or psychological injury from an event that results in a DPI of the worker of 20% or more; or
(ii)another injury from an event that results in a DPI of the worker of 20% or more; and
(b)the worker has an entitlement to lump sum compensation.
(2)The worker may accept or defer a decision about the offer by giving the insurer written notice within the decision period.
(3)The worker is taken to have deferred the decision if, within the decision period, the worker does not advise the insurer that—
(a)the offer is accepted; or
(b)the worker wants to defer the decision.
(4)If the worker accepts the offer, the insurer must pay the worker the amount of lump sum compensation.

s 188 amd 2013 No. 52s 56sch 1 (retro)

189Worker’s decision about lump sum compensation—DPI less than 20% or no DPI

(1)This section applies if—
(a)the worker—
(i)has—
(A)a psychiatric or psychological injury from an event that results in a DPI of the worker of less than 20%; or
(B)another injury from an event that results in a DPI of the worker of less than 20%; and
(ii)has an entitlement to lump sum compensation; or
(b)the worker has an injury that does not result in any DPI of the worker.
(2)The insurer must also, when giving the notice of assessment—
(a)give the worker a copy of sections 10 , 237 (3), 239 , 240 and 316 ; and
(b)advise the worker that the worker must make an irrevocable election as to whether the worker—
(i)accepts the offer of payment of lump sum compensation; or
(ii)seeks damages for the injury; and
(c)without limiting paragraphs (a) and (b), if the injury is pneumoconiosis—
(i)give the worker a copy of part 3, division 5 and division 5 of this part; and
(ii)advise the worker that, if the worker seeks damages for the injury, the worker may, despite section 239 , be entitled to further lump sum compensation under those provisions for the injury.
(3)The worker may accept, reject or defer a decision about the offer by giving the insurer written notice within the decision period.
(4)The worker is taken to have deferred the decision if, within the decision period, the worker does not advise the insurer that the offer is accepted or rejected.
(5)If the worker accepts the offer, the insurer must pay the worker the amount of lump sum compensation.
(6)If the worker fails to give the insurer notice of the worker’s election before the worker seeks damages for the injury, the worker is taken to have rejected lump sum compensation for the injury.
(7)For subsection (6), the worker is taken to seek damages for the injury when the worker lodges a notice of claim under chapter 5.

s 189 amd 2010 No. 24s 3 sch; 2013 No. 52s 16(retro); 2017 No. 27s 23

190No further compensation after fixed time

(1)This section applies to a worker who has been given a notice of assessment.
(2)The worker is not entitled to further compensation for the injury after the first of the following happens—
(a)the worker notifies the insurer of the worker’s decision about the offer within the decision period;
(b)20 business days have passed since the worker received the offer.
(3)This section does not limit the worker’s entitlement to payment of—
(a)lump sum compensation, if any, under part 3, division 5; or
(b)lump sum compensation under section 188 (4) or 189 (5); or
(c)additional compensation, if any, under division 4; or
(d)compensation under chapter 4A.

s 190 amd 2004 No. 45s 3 sch; 2016 No. 44s 25; 2017 No. 27s 24

Division 4 Additional lump sum compensation

191Application of div 4

This division applies only if a worker’s DPI has been decided.

s 191 amd 2013 No. 52s 56sch 1 (retro)

192Additional lump sum compensation for workers with DPI of 30% or more

(1)This section applies if a worker sustains an injury that results in a DPI of 30% or more.
(2)The worker is entitled to additional lump sum compensation of up to $218400 for the injury, payable according to a graduated scale prescribed under a regulation.
(3)However, the worker is not entitled to additional lump sum compensation if the DPI arises from—
(a)a psychiatric or psychological injury; or
(b)combining a psychiatric or psychological injury and another injury.

s 192 amd 2004 No. 45s 28; 2005 No. 50s 23; 2007 No. 52s 16; 2013 No. 52s 56sch 1 (retro); 2015 No. 13s 26

193Additional lump sum compensation for gratuitous care

(1)This section applies if a worker sustains an injury that results in—
(a)a DPI of 15% or more; and
(b)a moderate to total level of dependency on day to day care for the fundamental activities of daily living.
(2)The worker is entitled to additional lump sum compensation only if—
(a)day to day care for the fundamental activities of daily living is to be provided at the worker’s home on a voluntary basis by another person; and
(b)the worker resides at home on a permanent basis; and
(c)the level of care required was not provided to the worker before the worker sustained the impairment; and
(d)the worker physically demonstrates the level of dependency mentioned in subsection (1)(b).
(3)However, a worker is not entitled to additional lump sum compensation if the DPI arises from—
(a)a psychiatric or psychological injury; or
(b)combining a psychiatric or psychological injury and another injury.
(4)The insurer must ask that a registered occupational therapist assess the worker’s level of dependency resulting from the impairment in the way prescribed under a regulation.
(5)The occupational therapist must give the insurer an assessment report stating—
(a)the matters the therapist took into account, and the weight the therapist gave to the matters, in deciding the worker’s level of dependency; and
(b)any other information prescribed under a regulation.
(6)The insurer must decide the amount of the worker’s entitlement to additional compensation of up to $226,555, payable according to a graduated scale prescribed under a regulation, having regard to—
(a)the worker’s DPI; and
(b)the worker’s level of dependency; and
(c)any other information prescribed under a regulation.
(7)If the worker does not agree with the level of dependency assessed under subsection (4), the insurer must refer the matter of the worker’s level of dependency to the General Medical Assessment Tribunal for decision.
(8)In this section—
home, of a worker, means a private dwelling where the worker usually resides.

s 193 amd 2004 No. 45s 29; 2005 No. 50s 24; 2013 No. 52s 56sch 1 (retro)

193AAdditional lump sum compensation for particular workers

(1)This section applies to a worker who sustained an injury on or after 15 October 2013 and before 31 January 2015, if—
(a)the worker’s injury—
(i)results in a DPI of 5% or less; and
(ii)is not a terminal condition; and
(b)the worker has not accepted or rejected an offer of lump sum compensation from an insurer under section 189 .
(2)The worker is entitled to additional lump sum compensation for the injury—
(a)up to an amount prescribed by regulation; and
(b)subject to the conditions prescribed by regulation.
(3)A regulation may provide for the establishment of a panel of appropriately qualified persons to review a decision of an insurer about whether a worker is entitled to additional lump sum compensation under this section.

s 193A ins 2015 No. 13s 33

Division 5 Particular workers with pneumoconiosis

Note—

Under section 128B , if a worker sustains a latent onset injury that is a terminal condition, the worker is entitled to compensation for the injury only under part 3, division 4.

div hdg ins 2017 No. 27s 25

193B Application of division

(1)This division applies to a worker who has sustained an injury that is pneumoconiosis if—
(a)the worker has previously been given a notice of assessment in relation to the injury, whether or not the notice states that the worker has sustained permanent impairment from the injury; and
(b)at any time after the notice is given, the worker’s pneumoconiosis score for the injury increases and falls within a higher pneumoconiosis band; and
(c)if a settlement for damages has been agreed, or judgment for damages has been given, for the injury—the settlement or judgment does not include damages to compensate the worker for the future progression of the injury.
(2)For subsection (1)(c), if the settlement or judgment does not expressly state that it includes damages to compensate the worker for the future progression of the injury, the settlement or judgment is taken not to include damages for that purpose.

s 193B ins 2017 No. 27s 25

193C Further assessment under s 179

The insurer may decide, or the worker may ask the insurer, to have the worker’s injury further assessed under section 179 to decide—
(a)if a previous notice of assessment in relation to the injury stated that the worker had sustained permanent impairment from the injury—whether the degree of permanent impairment resulting from the injury has increased; or
(b)otherwise—whether the injury has resulted in a degree of permanent impairment.

s 193C ins 2017 No. 27s 25

193D Entitlement of worker to lump sum compensation under s 180 and div 4

(1)This section applies if the worker is assessed under section 179 as having sustained a DPI or an increased DPI from the injury (the current DPI).
(2)The worker is entitled to lump sum compensation for the injury under the following provisions, calculated on the basis of the worker’s current DPI—
(a)section 180 ;
(b)division 4.
(3)However, the amount of compensation payable under section 180 and division 4 must be reduced by the total of—
(a)the amount of any compensation previously paid under those provisions for the injury; and
(b)the amount of any compensation paid under a law of Queensland (other than this Act), another State or the Commonwealth for the injury; and
(c)if a settlement for damages has been agreed, or judgment for damages has been given, for the injury—an amount equal to the compensation to which the worker would have been entitled under section 180 and division 4, calculated on the basis of the DPI stated in the first notice of assessment given to the worker in relation to the injury.
(4)This section applies—
(a)despite sections 119 , 176, 190 and 239; and
(b)whether or not the worker has previously received compensation, or further compensation, under section 180 or division 4 because of this section.

s 193D ins 2017 No. 27s 25

Part 11 Compensation on worker’s death

194Application and object of pt 11

(1)This part applies if a worker dies because of an injury.
(2)However, this part does not apply if—
(a)a worker dies because of a latent onset injury that is a terminal condition; and
(b)the worker had received a payment of lump sum compensation or damages for the latent onset injury under this Act, another Act or a law of another State or the Commonwealth.
(3)The object of this part is to provide for payment by an insurer of—
(a)particular expenses arising from the worker’s injury and death; and
(b)compensation to persons having an entitlement to compensation under this part.

s 194 amd 2007 No. 52s 17; 2008 No. 61s 41 (retro)

195Definition for pt 11

In this part—
student means a person who is under 21 years and receiving full-time education at a school, college, university or similar institution.

def student amd 2010 No. 24s 3 sch

196To whom payments made for death of worker

(1)Compensation for the death of a worker is payable—
(a)to the worker’s legal personal representative; or
(b)if there is no legal personal representative—
(i)so far as the payment is by way of expenses to which a person is entitled—to the person who has incurred the expenses; or
(ii)so far as the payment is by way of compensation to the worker’s dependants—to the dependants entitled to compensation.
(2)The worker’s legal personal representative must pay or apply the compensation to or for the benefit of the worker’s dependants or other persons entitled to compensation.

197Total and partial dependants

If compensation is payable for the death of a worker who is survived by persons totally dependent on the worker and persons partially dependent on the worker, the compensation may be apportioned between the total dependants and the partial dependants.

198Dependant’s compensation payable to public trustee

An insurer may pay an amount of compensation payable to the worker’s dependant to the public trustee for the dependant’s benefit.

199Medical and funeral expenses must be paid by insurer

An insurer must pay the reasonable expenses—
(a)of the medical treatment of, or attendance on, the worker; and
(b)the worker’s funeral.

200Total dependency

(1)This section applies if at least 1 of the worker’s dependants was, at the time of the worker’s death, totally dependent on the worker’s earnings.
(2)The amount of compensation payable for the worker’s dependants is—
(a)if the worker has left dependent members of the worker’s family, for the members—$374,625; and
(aa)if the worker has left a totally dependent spouse, for the spouse—$10,000; and
(ab)if the worker has left a totally dependent spouse and dependent members of the worker’s family who are under 6, for the spouse—a weekly amount equal to 8% of QOTE while a dependent member is under 6; and
(b)if the worker has left a totally dependent spouse and dependent members of the worker’s family who are under 16 or are students, for each member other than the spouse—$20,000; and
(c)if the worker has left dependent members of the worker’s family or a child of the worker’s spouse who was totally dependent on the worker’s earnings and who are under 16 or students, for each member or child—a weekly amount equal to 10% of QOTE while the member or child is under 16 or a student.

s 200 amd 2004 No. 45s 30; 2005 No. 50s 25; 2010 No. 24s 3 sch

201Partial dependency

(1)This section applies if all of the worker’s dependants were, at the time of the worker’s death, partially dependent on the worker’s earnings.
(2)The amount of compensation payable for the worker’s dependants is—
(a)if the worker has left dependent members of the worker’s family, for the members—an amount the insurer considers is reasonable and proportionate to the monetary value of the loss of dependence by the dependants; and
(b)if the worker has left dependent members of the worker’s family or a child of the worker’s spouse who was partially dependent on the worker’s earnings and who are under 16 or students, for each member or child—a weekly amount equal to 7% of QOTE while the member or child is under 16 or a student.
(3)However, the amount payable under subsection (2)(a)—
(a)must not be less than 15% of the amount payable under section 200 (2)(a); and
(b)must not be more than the amount payable under section 200 (2)(a).

s 201 amd 2010 No. 24s 3 sch

201AWorker with non-dependent spouse, issue or next of kin

(1)This section applies if a worker left no dependants but is survived by any of the following—
(a)a spouse;
(b)issue within the meaning of the Succession Act 1981 ;
(c)next of kin within the meaning of the Succession Act 1981 .
(2)The amount of compensation payable to the worker’s estate is 10% of the amount payable under section 200 (2)(a).

s 201A ins 2005 No. 50s 26

202Workers under 21

(1)This section applies if the worker—
(a)was under 21; and
(b)is survived by a parent ordinarily resident in Australia but left no dependants.
(2)The amount of compensation payable to the parent is $22,500.
(3)If more than 1 parent is entitled to compensation—
(a)the total amount of compensation payable to the parents is $22,500; and
(b)the amount payable to each parent is to be decided by the insurer.

s 202 amd 2004 No. 45s 31; 2005 No. 50s 27; 2010 No. 24s 8

203[Repealed]

s 203 om 2007 No. 52s 18

204Reduced compensation if dependant dies before payment made

(1)This section applies if the worker is survived by a dependant who dies before payment of compensation is made for the dependant’s benefit.
(2)For this section, the dependant is taken to have died before the worker.
(3)However, compensation for the period starting on the day of the worker’s death and ending on the day of the dependant’s death is payable to the dependant’s legal personal representative for the benefit of the dependant’s estate.
(4)The amount of the compensation is a weekly payment under this section.
(5)If the dependant was a spouse who was totally dependent on the worker’s earnings, the payment is, for each week, 14% of QOTE.
(6)If the worker has left no surviving spouse and the dependant was a member of the worker’s family who was totally dependent on the worker’s earnings and was caring for—
(a)another member of the worker’s family who was totally dependent on the worker’s earnings; or
(b)the worker’s child or stepchild who was under 16 or a student;

the payment is, for each week, 14% of QOTE.

(7)If the dependant was a member of the worker’s family or a child of the worker’s spouse who was under 16 or a student and was totally dependent on the worker’s earnings, the payment is, for each week, 7% of QOTE.

Part 12 Automatic variation of compensation payable

205Variation of payments for injuries

(1)If QOTE varies, each payment or amount under part 3, division 4 or 5 or part 6, 10 or 11 that is not expressed as a percentage of QOTE must be varied proportionately.
(2)An amount varied under subsection (1) is to be rounded up to the nearest $5.
(3)The Regulator must notify a variation under this section.
(4)The Regulator’s notice is subordinate legislation.

s 205 amd 2005 No. 50s 28; 2009 No. 38s 59; 2013 No. 52 ss 56 sch 1 (retro), 114 sch 2; 2016 No. 44s 26; 2017 No. 27s 26

206Construing entitlements in light of variation

(1)This section applies if an amount is varied under section 205 .
(2)An entitlement to an amount mentioned in section 205 is to be construed as an entitlement to the payment or amount as varied for the time being under section 205 .
(3)A reference in part 3, division 4 or 5 or part 6, 10 or 11 to the amount is to be construed as a reference to the amount as varied for the time being under section 205 .

s 206 amd 2005 No. 50s 3 sch; 2013 No. 52s 56sch 1 (retro); 2017 No. 27s 27

207Application of part to existing benefits

(1)This part applies to a benefit being paid and an entitlement accrued under a former Act as if they were a benefit paid or an entitlement accrued under this Act.
(2)For subsection (1), the reference in section 206 (3) of this Act to part 6, 10 or 11 is to be construed as a reference to the corresponding provision of the former Act under which an entitlement arose.

Part 13 [Repealed]

(Repealed)

pt hdg ins 2004 No. 45s 32

om 2007 No. 52s 19

Chapter 3A Compensation claim costs

ch hdg ins 2007 No. 52s 19

207AA Definition for ch 3A

In this chapter—
worker includes a person to whom compensation is payable under this Act for injury.

s 207AA ins 2007 No. 52s 20

207AInsurer may recover costs of reports from third party

(1)This section applies if an insurer incurs costs in obtaining reports, other than legal reports, while managing a claim for compensation in which an injury to a worker created a legal liability in a person to pay damages for the injury independently of this Act.

Examples of reports—

medical reports
traffic incident reports
(2)The insurer—
(a)is entitled to be indemnified by the person for a reasonable proportion of the costs reasonably incurred by the insurer in obtaining the reports; and
(b)may recover from the person as a debt a reasonable proportion of the costs reasonably incurred by the insurer in obtaining the reports.
(3)In deciding what is a reasonable proportion of the costs for subsection (2), a court must consider the extent to which the report is used for the purposes of managing the claim or deciding liability.
(4)In this section—
report includes advice.

s 207A ins 2004 No. 45s 32

207BInsurer’s charge on damages for compensation paid

(1)This section applies to—
(a)an injury sustained by a worker in circumstances creating—
(i)an entitlement to compensation; and
(ii)a legal liability in the worker’s employer, or other person, to pay damages for the injury, independently of this Act; and
(b)damages that an employer is not indemnified against under this Act.
(2)An amount paid as compensation to a person for an injury, to which there is an entitlement to payment of damages at a time or for a period before the person becomes entitled to payment of damages by an employer or another person, is a first charge on any amount of damages recovered by the person to the extent of the amount paid as compensation to the person.
(3)Subsection (2) applies to compensation paid under chapter 4A only if the damages include treatment, care and support damages.
(4)An employer or other person from whom the damages are recoverable must pay the insurer the amount of the first charge or, if the damages are not more than the amount of the first charge, the whole of the damages.
(5)Payment to the insurer under subsection (4), to the extent of the payment, satisfies the liability of the employer or other person for payment of the damages.
(6)A person can not settle, for a sum less than the amount that is a first charge on damages under subsection (2), a claim for damages had by the person independently of this Act for an injury to which there is an entitlement to payment of damages without the insurer’s written consent.
(7)If, without the insurer’s consent, a settlement mentioned in subsection (6) is made, then to the extent that the damages recovered are insufficient to meet all payments due to the insurer under this section—
(a)the insurer is entitled to be indemnified by the employer or other person who is required by the settlement to pay the damages; and
(b)to that end, the insurer is subrogated to the rights of the person who has sought the damages, as if the settlement had not been made.
(8)If a person who has received compensation has not recovered, or taken proceedings to recover, damages for the injury from another person, other than the worker’s employer—
(a)the insurer is entitled to be indemnified for the amount of the compensation by the other person to the extent of that person’s liability for the damages, so far as the amount of damages payable for the injury by that person extends; and
(b)to that end, the insurer is subrogated to the rights of the person for the injury.
(9)Payment made as indemnity under subsection (8), to the extent of the payment, satisfies the person’s liability on a judgment for damages for the injury.
(10)In addition to all rights of action had by the insurer to give effect to its right to indemnity under this section, all questions about the right and the amount of the indemnity may, in default of agreement, be decided by an industrial magistrate if all persons affected by the indemnity consent.
(11)In this section—
damages includes damages under a legal liability existing independently of this Act, whether or not within the meaning of section 10 .

s 207B (prev s 272) renum and reloc 2007 No. 52s 24

amd 2016 No. 44s 27

Chapter 4 Injury management

Part 1 Application

208Application and object of ch 4

(1)This chapter applies if a worker sustains an injury for which compensation under chapter 3 is payable.
(2)The object of this chapter is to provide for appropriate medical treatment, hospitalisation and rehabilitation of the worker.

s 208 amd 2016 No. 44s 53sch 1

Part 2 Liability for medical treatment, hospitalisation and expenses

Division 1 Application and general statement of liability

209Application of pt 2

(1)This part applies if medical treatment or hospitalisation of a worker is required for the management of an injury sustained by the worker.
(2)However, this part, other than section 219 , does not apply to medical treatment provided to, or hospitalisation of, a worker during a period for which the worker is entitled to compensation under chapter 4A for the injury, including any period for which the entitlement is suspended under section 232ZH .

s 209 amd 2016 No. 44s 28

210Insurer’s liability for medical treatment, hospitalisation and expenses

(1)The insurer must pay the cost of the medical treatment or hospitalisation that the insurer considers reasonable, having regard to the worker’s injury.
(2)Under the table of costs, WorkCover may impose conditions on the provision of the medical treatment.
(3)Before imposing a condition under subsection (2) WorkCover must consult with self-insurers.

s 210 sub 2004 No. 45s 3 sch

amd 2013 No. 52s 69

Division 2 Medical treatment costs

211Extent of liability for medical treatment

(1)The insurer must pay the following costs for medical treatment for an injury, whether provided at 1 time or at different times—
(a)for medical treatment by a registered person—the cost that the insurer accepts as reasonable, having regard to the relevant table of costs;
(b)for nursing, medicines, medical or surgical supplies, curative apparatus, crutches or other assistive devices given to the worker otherwise than as an in-patient at a hospital—the cost that the insurer accepts as reasonable.
(2)The insurer’s liability for the cost of medical treatment by a registered chiropractor or a registered osteopath extends only to the cost of treatment involving the manipulation, mobilisation and management of the neuromusculoskeletal system of the human body.

s 211 amd 2004 No. 45s 33

212Extent of liability for prosthetic expenses

(1)This section applies if a worker, because of a condition resulting from an injury—
(a)is fitted with a prosthesis; or
(b)is dependent on support of a medical aid, or crutches or another assistive device.
(2)The insurer must pay expenses necessarily incurred by the worker that the insurer accepts as reasonable on account of—
(a)reasonable wear and tear of the prosthesis, medical aid or device; or
(b)replacement of the prosthesis, medical aid or device due to reasonable wear and tear; or
(c)damage to, or destruction of, a prosthesis, medical aid or device as a result of injury in a further event.

s 212 amd 2004 No. 45s 34

213Accounts for medical treatment, certificate in approved form

(1)This section applies if an insurer is liable for the costs of medical treatment.
(2)Accounts for medical treatment must be sent to the insurer promptly and within 2 months after the treatment is completed.
(3)The accounts must specify—
(a)the worker’s full name, date of birth and residential address; and
(b)any item number that the medical treatment may have that is listed in the relevant table of costs; and
(c)the date of each attendance; and
(d)detailed particulars of treatment; and
(e)the name and place of business of the worker’s employer.
(4)A worker who receives medical treatment must be given a certificate in the approved form free of charge.

214Review of costs payable

(1)This section applies if a person who provides medical treatment considers that the cost that an insurer accepts as reasonable, in a particular case, is inadequate because of special circumstances.
(2)The person may apply to the insurer in writing for an increase in the cost.
(3)The application must specify the special circumstances and the reasons the cost should be increased in the particular case.
(4)The insurer may approve the increase if, after considering the application, the insurer accepts that the increase is justified.

Division 3 Hospitalisation

Subdivision 1 Interpretation

sdiv hdg ins 2004 No. 45s 35

215Definitions for div 3

In this division—
contracted hospital means a hospital that provides public health services to a patient under a contractual arrangement with the State, but does not include—
(a)a public sector hospital under the Hospital and Health Boards Act 2011 ; or
(b)a Mater Misericordiae Public Hospital.

def contracted hospital ins 2004 No. 45s 36(2)

amd 2011 No. 32s 332sch 1 pt 2 (amd 2012 No. 9s 47)

elective hospitalisation means hospitalisation involving a treatment or procedure decided on by a worker or the worker’s doctor that is of advantage to the worker, but is not fundamental in the treatment of the worker’s injury.
hospital includes a day hospital.

def hospital ins 2004 No. 45s 36(2)

private hospital means a hospital to which a worker is admitted as a private patient.

def private hospital sub 2004 No. 45s 36(1)–(2)

private patient means a worker who is a patient of a private doctor at a hospital that is not a contracted hospital.

def private patient ins 2004 No. 45s 36(2)

public hospital means a hospital to which a worker is admitted as a public patient.

def public hospital sub 2004 No. 45s 36(1)–(2)

public patient means a patient who is not a private patient.

def public patient ins 2004 No. 45s 36(2)

Subdivision 2 Private hospitalisation

sdiv hdg ins 2004 No. 45s 37

216Extent of liability for hospitalisation at private hospital

(1)An insurer’s liability for the cost of hospitalisation of a worker at a private hospital extends only to the cost of hospitalisation of the worker as an in-patient at a private hospital—
(a)for non-elective hospitalisation—for not more than 4 days; or
(b)for non-elective hospitalisation for more than 4 days—to the extent agreed to by the insurer under arrangements entered into between the insurer and the worker or someone for the worker before the hospitalisation or any extension of the hospitalisation; or
(c)for elective hospitalisation—to the extent agreed to by the insurer under arrangements entered into between the insurer and the worker or someone for the worker before the hospitalisation.
(2)Before agreeing to arrangements under subsection (1)(b) or (c), the insurer must be satisfied that—
(a)a public hospital is not reasonably available to the worker or a public hospital that is reasonably available can not admit the worker as an in-patient to a public ward within a reasonable time; or
(b)admission of the worker to a private hospital—
(i)would relieve prolonged pain and suffering to the worker; or
(ii)would result in saving of costs.

s 216 amd 2004 No. 45s 38

217Cost of hospitalisation at private hospital

(1)The cost for which an insurer is liable for hospitalisation of a worker as an in-patient at a private hospital is the cost for the provision of the facility at a private hospital where a procedure is carried out.
(2)The insurer must pay the cost of hospitalisation, whether the hospitalisation is provided at 1 time or at different times.
(3)The insurer must pay the cost of hospitalisation that—
(a)is published by WorkCover by gazette notice; or
(b)if a cost of hospitalisation is not published—the cost lawfully charged by the hospital.
(4)In fixing a cost of hospitalisation to be published under subsection (3)(a), WorkCover must consult with self-insurers.

s 217 amd 2004 No. 45s 39; 2009 No. 38s 59; 2013 No. 52s 70

Subdivision 3 Public hospitalisation

sdiv hdg ins 2004 No. 45s 41

218Extent of liability for hospitalisation in public hospital

(1)An insurer’s liability for the cost of hospitalisation of a worker at a public hospital extends only to the cost of hospitalisation of the worker as an in-patient at the public hospital—
(a)for non-elective hospitalisation—for not more than 4 days; or
(b)for non-elective hospitalisation for more than 4 days—if the insurer considers the hospitalisation is reasonable, having regard to the worker’s injury; or
(c)for elective hospitalisation—to the extent agreed to by the insurer under arrangements entered into between the insurer and the worker or someone for the worker before the hospitalisation.
(2)Subject to the Hospital and Health Boards Act 2011 , a worker is not liable for the cost of hospitalisation, including medical treatment, as an in-patient at a public hospital for an injury sustained by the worker.

s 218 prev s 218 om 2004 No. 45s 40

pres s 218 ins 2004 No. 45s 41

amd 2011 No. 32s 332sch 1 pt 2 (amd 2012 No. 9s 47)

218ACost of hospitalisation

(1)The costs for which an insurer is liable for hospitalisation of a worker as an in-patient at a public hospital are—
(a)the cost for the provision of the facility at a public hospital where a procedure is carried out; and
(b)the cost of medical treatment provided at the hospital.
(2)The insurer must pay the cost of hospitalisation and medical treatment, whether the hospitalisation is provided at 1 time or at different times.
(3)The insurer must pay the cost of hospitalisation that is published by WorkCover by gazette notice.
(4)In fixing a cost of hospitalisation to be published under subsection (3), WorkCover must consult with self-insurers.

s 218A ins 2004 No. 45s 41

amd 2009 No. 38s 59; 2013 No. 52s 71

Division 4 Travelling expenses

219Extent of liability for travelling expenses

(1)An insurer must pay the travelling expenses, that the insurer considers are necessary and reasonable, incurred by a worker for the injury for—
(a)obtaining medical treatment; or
(b)undertaking rehabilitation; or
(c)attending a medical assessment tribunal; or
(d)undertaking examination by a registered person.
(2)An insurer must pay the cost of the worker’s transportation by ambulance vehicle provided by the Queensland Ambulance Service, irrespective of distance, if the transportation—
(a)for transportation first provided immediately after the injury is sustained—is from the place where the injury is sustained to a place where appropriate medical treatment is available to seek the treatment; or
(b)for transportation subsequently provided—is certified in writing by a doctor as necessary because of the worker’s physical condition resulting from the injury.
(3)The insurer must also pay the cost of the worker’s transportation by ambulance vehicle not provided by the Queensland Ambulance Service, irrespective of distance, if the transportation—
(a)for transportation first provided immediately after the injury is sustained—is from the place where the injury is sustained to a place where appropriate medical treatment is available to seek the treatment; or
(b)for transportation subsequently provided—is certified in writing by a doctor as necessary because of the worker’s physical condition resulting from the injury.
(4)The cost of transportation by ambulance vehicle that the insurer must pay is—
(a)the cost the insurer accepts as reasonable, having regard to the relevant table of costs; or
(b)if there is no relevant table of costs—the cost the insurer approves.
(5)The insurer must also pay the cost of transportation by ambulance vehicle if the insurer gives written approval for the transportation.
(6)Other than as provided by subsections (2), (3), (4), (5) and (7), the insurer is not liable for travelling expenses incurred by the worker—
(a)in travelling a distance of less than 20km one way; or
(b)if treatment or rehabilitation for the injury was reasonably available to the worker nearer than the place to which the worker has travelled to seek the treatment or rehabilitation.
(7)The insurer must reimburse the worker for expenses if—
(a)the worker is not entitled under subsection (6)(a) to be reimbursed by the insurer for travelling expenses; and
(b)in a period of 7 consecutive days, the worker incurs travelling expenses in reasonably travelling at least 150km to and from a place to seek treatment or rehabilitation.

Part 3 Responsibility for rehabilitation

Division 1 Responsibility for rehabilitation

220Insurer’s responsibility for worker’s rehabilitation

(1)An insurer must take the steps it considers practicable to secure the rehabilitation and early return to suitable duties of workers who have an entitlement to compensation.
(2)Without limiting subsection (1), an insurer must refer a worker who has lodged a notice of claim to an accredited return to work program of the insurer, unless the insurer is satisfied that, as a result of the injury, the worker will not be able to participate in the program.
(3)An insurer must take the steps it considers practicable to coordinate the development and maintenance of a rehabilitation and return to work plan in consultation with the injured worker, the worker’s employer and treating registered persons.
(4)In this section—
accredited return to work program, of an insurer, means a return to work program managed by the insurer that is accredited by the Regulator.

Examples of return to work programs—

vocational assessments, reskilling or retraining, job placement, host employment

s 220 amd 2005 No. 50s 29; 2010 No. 24s 9

sub 2013 No. 52s 72

Division 2 Insurer’s liability for rehabilitation fees and costs

221A Application of division

This division does not apply to rehabilitation provided to a worker during a period for which the worker is entitled to compensation under chapter 4A for the injury, including any period for which the entitlement is suspended under section 232ZH .

s 221A ins 2016 No. 44s 29

222Liability for rehabilitation fees and costs

(1)This section applies if an insurer considers rehabilitation is necessary for a worker for whose injury the insurer has accepted liability.
(2)In addition to compensation otherwise payable, the insurer must pay the fees or costs of rehabilitation that the insurer accepts to be reasonable, having regard to the worker’s injury.
(3)Under the table of costs, WorkCover may impose conditions on the provision of the rehabilitation.
(4)The insurer’s liability under this division stops when the worker’s entitlement to compensation stops.
(5)Before imposing a condition under subsection (3) WorkCover must consult with self-insurers.

s 222 amd 2013 No. 52s 74

223Extent of liability for rehabilitation fees and costs

An insurer must pay the following fees or costs for rehabilitation for an injury, whether provided at 1 time or at different times—
(a)for rehabilitation provided to a worker by a registered person—the fees or costs accepted by the insurer to be reasonable, having regard to the relevant table of costs;
(b)for other rehabilitation—the fees or costs approved by the insurer.

Division 3 Caring allowance

224Liability for caring allowance

(1)This section applies if a worker is receiving weekly payments of compensation.
(2)A caring allowance may be paid if the insurer is satisfied that—
(a)the worker depends on day to day care for the fundamental activities of daily living; and
(b)the care is to be provided to the worker at the worker’s home on a voluntary basis by another person in relation to whom compensation is not payable.
(3)The insurer must ask that a registered occupational therapist assess the worker’s level of dependency and day to day care requirements resulting from the injury in the way prescribed under a regulation.
(4)The occupational therapist must give the insurer an assessment report stating—
(a)the matters the therapist took into account, and the weight the therapist gave to the matters, in deciding the worker’s level of dependency and day to day care requirements; and
(b)any other information prescribed under a regulation.
(5)In this section—
home, of the worker, means a private dwelling where the worker usually resides.

225Extent of liability for caring allowance

The insurer may pay the caring allowance—
(a)in the way prescribed under a regulation; and
(b)to, or on account of, the person providing the care.

Part 4 Employer’s obligation for rehabilitation

226Employer’s obligation to appoint rehabilitation and return to work coordinator

(1)An employer must appoint a rehabilitation and return to work coordinator if the employer meets criteria prescribed under a regulation.
(2)The rehabilitation and return to work coordinator must be in Queensland and be employed by the employer under a contract (regardless of whether the contract is a contract of service).
(3)The employer must, unless the employer has a reasonable excuse, appoint the rehabilitation and return to work coordinator—
(a)within 6 months after—
(i)establishing a workplace; or
(ii)starting to employ workers at a workplace; or
(b)within a later period approved by the Regulator.

Maximum penalty—50 penalty units.

(4)A rehabilitation and return to work coordinator, who is employed under a contract of service at the workplace, is not civilly liable for an act done, or an omission made, in giving effect to the workplace rehabilitation policy and procedures of an employer.
(5)If subsection (4) prevents a civil liability attaching to a rehabilitation and return to work coordinator, the liability attaches instead to the employer.

s 226 amd 2005 No. 50 ss 31, 3 sch; 2007 No. 36s 2 sch; 2013 No. 52s 114sch 2

227Employer’s obligation to have workplace rehabilitation policy and procedures

(1)This section applies if an employer must appoint a rehabilitation and return to work coordinator under section 226 (1).
(2)The employer must have workplace rehabilitation policy and procedures.

Maximum penalty—50 penalty units.

(3)The employer must, unless the employer has a reasonable excuse, have workplace rehabilitation policy and procedures—
(a)within 6 months after—
(i)establishing a workplace; or
(ii)starting to employ workers at a workplace; or
(b)within a later period approved by the Regulator.

Maximum penalty—50 penalty units.

(4)The employer must review the employer’s workplace rehabilitation policy and procedures at least every 3 years.

s 227 amd 2005 No. 50s 32; 2013 No. 52s 75

228Employer’s obligation to assist or provide rehabilitation

(1)The employer of a worker who has sustained an injury must take all reasonable steps to assist or provide the worker with rehabilitation for the period for which the worker is entitled to compensation.
(2)The rehabilitation must be of a suitable standard as prescribed under a regulation.
(3)If an employer, other than a self-insurer, considers it is not practicable to provide the worker with suitable duties, the employer must give WorkCover written evidence that the suitable duties are not practicable.

s 228 amd 2005 No. 50s 33

229Employer’s failure in relation to rehabilitation

(1)This section applies if an employer, other than a self-insurer, fails to take reasonable steps to assist or provide a worker with rehabilitation.
(2)WorkCover may require the employer to pay WorkCover an amount by way of penalty equal to the amount of compensation paid to the worker during the period of noncompliance by the employer.
(3)WorkCover may recover the amount from the employer—
(a)as a debt; or
(b)as an addition to a premium payable by the employer.
(4)The employer may apply to WorkCover in writing to waive or reduce the penalty because of extenuating circumstances.
(5)The application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case.
(6)WorkCover must consider the application and may—
(a)waive or reduce the penalty; or
(b)refuse to waive or reduce the penalty.
(7)If the employer is dissatisfied with WorkCover’s decision, the employer may have the decision reviewed under chapter 13.

Part 5 Worker’s mitigation and rehabilitation obligations

230Application of pt 5

This part applies to a worker who has sustained an injury and is required to participate in rehabilitation.

231Worker must mitigate loss

(1)The common law duty of mitigation of loss applies to the worker.
(2)The worker’s duty may be discharged by participating in rehabilitation.
(3)Without limiting subsection (2), a worker must satisfactorily participate in any return to work program or suitable duties arranged by the insurer.
(4)The worker’s duty under this section is in addition to any duty the worker may have under section 267 .

s 231 amd 2010 No. 24s 11; 2013 No. 52s 76

232Worker must participate in rehabilitation

(1)The worker must satisfactorily participate in rehabilitation—
(a)as soon as practicable after the injury is sustained; and
(b)for the period for which the worker is entitled to compensation.
(2)If the worker fails or refuses to participate in rehabilitation without reasonable excuse, the insurer may, by written notice given to the worker, suspend the worker’s entitlement to compensation until the worker satisfactorily participates in rehabilitation.
(3)If the insurer suspends the worker’s entitlement to compensation, the worker may have the decision reviewed under chapter 13.

Part 6 Protection for injured workers

pt hdg ins 2006 No. 22s 22

232ADefinitions for pt 6

In this part—
dismiss an injured worker includes a situation where—
(a)an unreasonable employment condition that is designed to make the worker leave employment is imposed on the worker; and
(b)the worker leaves the employment.
former position of an injured worker means, at the worker’s option—
(a)the position from which the injured worker was dismissed; or
(b)if the worker was transferred to a less advantageous position before dismissal—the position held by the worker when the worker became unfit for employment.
injured worker means a worker who sustains an injury.
injury means an injury for which compensation is payable.

s 232A ins 2006 No. 22s 22

232BDismissal of injured worker only after 12 months

(1)Within 12 months after a worker sustains an injury, the employer must not dismiss the worker solely or mainly because the worker is not fit for employment in a position because of the injury.

Maximum penalty—40 penalty units.

(2)This section applies to a dismissal after the commencement of this section even if the worker became unfit before the commencement.

s 232B ins 2006 No. 22s 22

232CReplacement for injured worker

(1)This section applies if the employer wants to employ a replacement worker while an injured worker is not fit for employment in a position because of the injury.
(2)The employer must, before a replacement worker starts employment, give the replacement worker a written notice informing the replacement worker of—
(a)the temporary nature of the employment; and
(b)the injured worker’s right to return to work.
(3)In this section—
replacement worker means—
(a)a person who is specifically employed because an injured worker is not fit for employment in a position because of the injury; or
(b)a person replacing a worker who is temporarily promoted or transferred to replace the injured worker.

s 232C ins 2006 No. 22s 22

232DReinstatement of injured worker

(1)This section applies if an injured worker is dismissed because the worker is not fit for employment in a position because of the injury.
(2)The worker may apply to the employer, within 12 months after the injury, for reinstatement to the worker’s former position.
(3)The worker must give the employer a doctor’s certificate that certifies the worker is fit for employment in the former position.
(4)This section applies to a dismissal after the commencement of this section even if the worker became unfit before the commencement.
(5)In this section—
doctor’s certificate means a certificate signed by a person registered under the Health Practitioner Regulation National Law to practise in the medical profession, other than as a student.

s 232D ins 2006 No. 22s 22

amd 2010 No. 14s 124 sch

232EApplication to industrial commission

(1)This section applies if the employer fails to immediately reinstate the worker under section 232D .
(2)The following persons may apply to the industrial commission for an order that the employer reinstate the worker to the worker’s former position (a reinstatement order)—
(a)the worker;
(b)an employee organisation of which the worker is a member, with the worker’s consent.
(3)The commission may make a reinstatement order if satisfied the worker is fit for employment in the former position.
(4)The order may specify terms of reinstatement including, for example, the day the reinstatement is to take effect.

s 232E ins 2006 No. 22s 22

232FPowers of industrial commission

(1)When exercising its jurisdiction under this part—
(a)the industrial commission may exercise all relevant powers, so far as the powers are appropriate to matters arising under this part, as if the relevant powers were expressly conferred by or under this Act; and
(b)the following provisions, so far as they apply to the industrial commission and are appropriate to matters arising under this part, apply to the industrial commission as if the provisions were expressly included in this Act or in subordinate legislation made under this Act—
(i)the Industrial Relations Act 2016 , chapter 11 and definitions of that Act relevant to the interpretation of the chapter;
(ii)rules made under the Industrial Relations Act 2016 , section 551 ;
(iii)a regulation made for the Industrial Relations Act 2016 .
(2)However, the only order the commission may make on an application under section 232E is a reinstatement order under the section.
(3)In this section—
relevant powers means powers conferred on the industrial commission by—
(a)the Industrial Relations Act 2016 ; or
(b)the rules made under the Industrial Relations Act 2016 , section 551 ; or
(c)a regulation made for the Industrial Relations Act 2016 .

s 232F ins 2006 No. 22s 22

amd 2016 No. 63s 1157sch 6

232GPreservation of worker’s rights

(1)This part does not affect another right of a dismissed worker under an Act or law.
(2)This part can not be affected by a contract or agreement.

s 232G ins 2006 No. 22s 22

Chapter 4A Serious personal injuries

ch hdg ins 2016 No. 44s 30

Part 1 Preliminary

pt hdg ins 2016 No. 44s 30

232HApplication and object of chapter

(1)This chapter applies if a worker sustains an injury for which compensation under chapter 3 is payable.
(2)However, this chapter does not apply if the injury—
(a)is an injury only because it is sustained in the circumstances mentioned in section 34 (1)(c) or 35; or
(b)is caused by the worker’s serious and wilful misconduct.
(3)The object of this chapter is to ensure that a worker who sustains a serious personal injury receives necessary and reasonable treatment, care and support.

s 232H ins 2016 No. 44s 30

232IDefinitions for chapter

In this chapter—
approved service, for an eligible worker, means—
(a)if a support plan has not been made for the worker—treatment, care or support that is the subject of a service request relating to the worker and approved by the insurer under section 232P ; or
(b)if a support plan has been made for the worker—
(i)a treatment, care and support need resulting from the worker’s serious personal injury stated in the support plan to be a need the insurer considers is necessary and reasonable in the circumstances; and
(ii)any treatment, care or support resulting from another injury resulting from the same event as the serious personal injury stated in the support plan to be treatment, care or support the insurer considers is necessary and reasonable in the circumstances; and
(iii)other treatment, care or support stated in the support plan to be treatment, care or support the insurer agrees to, wholly or partly, pay for under this chapter.
attendant care and support services means services to help a person with everyday tasks.

Examples—

domestic, home maintenance, nursing or personal assistance services
eligibility criteria see section 232M (2)(a).
eligibility period, for an eligible worker, see section 232L (3).
eligible worker means a worker who an insurer decides, under section 232M , is entitled to treatment, care and support payments for the worker’s injury.
excluded treatment, care or support see section 232K .
funding agreement see section 232Q (2).
interim period, for an eligible worker, means a period of 2 years from the day the insurer decides, under section 232M , the worker is entitled to treatment, care and support payments for the worker’s injury.
payment request see section 232Q (3).
service request see section 232P (1).
support plan see section 232O (1)(b).
treatment, care and support damages, in relation to a worker, means damages relating to the worker’s treatment, care and support needs resulting from the worker’s injury.
treatment, care and support needs, of a worker, see section 232J .
treatment, care and support payments, for a worker who has sustained an injury, means payments under this chapter for the worker’s treatment, care or support resulting from the injury.

s 232I ins 2016 No. 44s 30

232JMeaning of treatment, care and support needs

The treatment, care and support needs, of a worker who has sustained an injury, are the worker’s needs for, or relating to, 1 or more of the following resulting from the injury—
(a)medical treatment;
(b)hospitalisation;
(c)dental treatment;
(d)rehabilitation;
(e)ambulance transportation;
(f)respite care;
(g)attendant care and support services;
(h)aids and appliances, other than ordinary personal or household items;

Examples of ordinary personal or household items—

an air conditioner, a laptop, linen, a mobile phone, a personal computer or a washing machine
(i)prosthesis;
(j)education or vocational training;
(k)home, transport or workplace modification.

s 232J ins 2016 No. 44s 30

232KMeaning of excluded treatment, care or support

(1)Treatment, care or support is excluded treatment, care or support if it—
(a)is provided without charge; or
(b)for a child—ordinarily falls within the ordinary costs of raising a child; or
(c)must be provided by a registered provider but is provided by a person who, at the time of provision, is not a registered provider; or
(d)is provided as part of a medical trial or on another experimental basis; or
(e)is provided by State emergency services, including the Queensland Ambulance Service or the Queensland Fire and Emergency Service; or
(f)is prescribed by regulation.
(2)For subsection (1)(c), the following treatment, care or support must be provided by a registered provider—
(a)attendant care and support services that are personal assistance services or services to assist a person to participate in the community;
(b)any other treatment, care or support prescribed by regulation.
(3)However, subsection (2)(a) does not apply if the treatment, care or support is being provided to a person at a hospital (whether as an in-patient or an outpatient) as part of the services provided by the hospital.
(4)In this section—
registered provider, of a service, means an entity registered in the register of providers as a provider of the service.
register of providers means the register of providers kept by the Regulator and made available on the department’s website.

s 232K ins 2016 No. 44s 30

Part 2 Liability for treatment, care and support payments

pt hdg ins 2016 No. 44s 30

232LInsurer’s liability for treatment, care and support payments

(1)The insurer must pay for the worker’s treatment, care and support arising from the worker’s injury—
(a)if the insurer decides, under section 232M , the worker is entitled to treatment, care and support payments for the injury; and
(b)as provided under this chapter.
(2)An eligible worker’s entitlement to treatment, care and support payments applies to treatment, care or support resulting from the worker’s injury provided to the worker during the worker’s eligibility period.
(3)An eligible worker’s eligibility period is the period—
(a)starting when the insurer decides, under section 232M , the worker is entitled to treatment, care and support payments for the injury; and
(b)ending when the first of the following happens—
(i)the worker dies;
(ii)the worker stops being entitled to treatment, care and support payments for the injury under a provision of this Act.
(4)However, an eligible worker is not entitled to treatment, care and support payments for treatment, care or support provided to the worker in any period for which—
(a)the worker’s entitlement to compensation under chapter 3 is suspended under this Act; or
(b)the worker’s entitlement to treatment, care and support payments is suspended under section 232ZH .

s 232L ins 2016 No. 44s 30

232MAssessment of entitlement for treatment, care and support payments

(1)The insurer may decide, or the worker may ask the insurer, to have the worker’s injury or injuries assessed to decide whether the worker is entitled to treatment, care and support payments for the injury or injuries.
(2)The insurer must decide the worker is entitled to treatment, care and support payments for an injury if the injury—
(a)is a serious personal injury that meets the criteria (the eligibility criteria) for the injury prescribed by regulation; or
(b)resulted from the same event as an injury mentioned in paragraph (a).
(3)If the worker asks for an assessment under subsection (1), the insurer must ensure the assessment is carried out within 20 business days, or a longer period agreed between the insurer and the worker, after—
(a)receiving the request; or
(b)if the insurer asks the worker for further information to help the insurer carry out the assessment—the day the information is received.
(4)After carrying out an assessment under this section, the insurer must decide—
(a)that the worker is entitled to treatment, care and support payments for the worker’s injury or injuries—
(i)for an interim period; or
(ii)if the insurer is satisfied the worker’s serious personal injury is likely to continue to meet the eligibility criteria after the interim period ends—for the rest of the worker’s life; or
(b)that the worker is not entitled to treatment, care and support payments for the worker’s injury or injuries.
(5)If the worker has multiple injuries resulting from the same event, the insurer’s decision under subsection (4)(a) must be made in relation to the worker’s serious personal injury even though the worker may not need treatment, care or support for the other injuries for the whole period decided under the subsection.
(6)The insurer must give the worker written notice of the insurer’s decision under subsection (4) within 10 business days after the decision is made.

s 232M ins 2016 No. 44s 30

Part 3 Assessing needs and payment options

pt hdg ins 2016 No. 44s 30

Division 1 Assessing needs

div hdg ins 2016 No. 44s 30

232NDeciding necessary and reasonable treatment, care and support needs

For this chapter, an insurer must consider the following matters in deciding whether an eligible worker’s treatment, care and support needs resulting from the worker’s serious personal injury are necessary and reasonable in the circumstances—
(a)whether the treatment, care or support for, or relating to, the treatment, care and support needs is excluded treatment, care or support;
(b)any other matter prescribed by regulation.

s 232N ins 2016 No. 44s 30

232OAssessing needs and preparing support plan

(1)An insurer must, for an eligible worker—
(a)assess—
(i)the worker’s necessary and reasonable treatment, care and support needs resulting from the worker’s serious personal injury; and
(ii)any necessary and reasonable treatment, care or support needed by the worker for any other injury resulting from the same event as the worker’s serious personal injury; and
(iii)any other treatment, care or support needed by the worker for the worker’s serious personal injury or another injury resulting from the same event as the worker’s serious personal injury; and
(b)make a plan (a support plan) about the worker’s treatment, care and support needs, and any other treatment, care or support needed by the worker, assessed under paragraph (a); and
(c)give a copy of the support plan to the worker.
(2)An assessment under subsection (1)(a)—
(a)must be carried out in the way, and at the intervals, prescribed by regulation; and
(b)may be carried out at other times the insurer considers appropriate; and
(c)may be carried out for the treatment, care or support needed by the worker for a particular period only.
(3)A support plan made under subsection (1)(b) must comply with the requirements prescribed by regulation.
(4)An insurer may amend the worker’s support plan—
(a)to reflect the outcomes of a further assessment under subsection (1)(a); and
(b)as otherwise provided under this chapter.

Note—

See sections 232P (6) and 232ZG(2) in relation to amendments of the support plan.
(5)An amendment of the worker’s support plan must comply with the requirements prescribed by regulation.

s 232O ins 2016 No. 44s 30

232PDeciding service requests

(1)An insurer may approve a written request (a service request) to pay for particular treatment, care or support (the requested service) to be provided to an eligible worker in a particular period.
(2)A service request may be made for an eligible worker—
(a)before or after a support plan is made for the worker; and
(b)by the worker or the person providing the requested service.
(3)An insurer must decide whether to approve, with or without conditions, or refuse a service request within—
(a)20 business days after the request is received; or
(b)if, within the period mentioned in paragraph (a), the insurer asks for further information to help the insurer make the decision—20 business days after the information is received.
(4)In deciding whether to approve or refuse a service request, an insurer must consider the matters prescribed by regulation.
(5)An insurer must give written notice of the insurer’s decision under subsection (3) to—
(a)the person who made the request; and
(b)if the person who made the request is not the eligible worker—the worker.
(6)If an insurer makes a decision about a service request relating to an eligible worker for whom a support plan has been made, the insurer must—
(a)if the insurer approves the service request, with or without conditions—amend the worker’s support plan to reflect the approval; or
(b)if the insurer refuses the service request—ensure a copy of the written notice of the decision is attached to the worker’s support plan.

s 232P ins 2016 No. 44s 30

Division 2 Payments

div hdg ins 2016 No. 44s 30

232QPayment options

(1)An insurer may make treatment, care and support payments for an eligible worker’s injury—
(a)under a funding agreement between the insurer and the worker; or
(b)in response to a payment request by a person who has incurred expenses for the treatment, care or support of the worker resulting from the injury.
(2)A funding agreement is an agreement between an insurer and an eligible worker for a stated period—
(a)providing for the insurer to pay the worker an amount to cover particular expenses to be incurred by the worker or another person, in the period, for the treatment, care or support of the worker; and
(b)entered into in the circumstances, and for the treatment, care or support, prescribed by regulation; and
(c)including the terms prescribed by regulation.
(3)A payment request is a written request by a person who has incurred an expense for the treatment, care or support of an eligible worker—
(a)asking an insurer to pay all or part of the amount of the expense; and
(b)made in the circumstances prescribed by regulation.

s 232Q ins 2016 No. 44s 30

232RDeciding payment requests

(1)An insurer must approve or refuse a payment request within—
(a)20 business days after receiving the request; or
(b)if, within the period mentioned in paragraph (a), the insurer asks for further information to help the insurer make the decision—20 business days after the information is received.
(2)A regulation may prescribe matters about an insurer deciding a payment request.
(3)If the insurer approves a payment request, the insurer must pay the amount requested to the person who made the request within 20 business days after approving the request.
(4)However, the insurer is not liable to pay a part of the amount requested in a payment request that exceeds an amount prescribed by regulation for the treatment, care or support.
(5)If the insurer refuses the payment request, the insurer must give written notice of the decision to—
(a)the person who made the payment request; and
(b)if the person who made the payment request is not the eligible worker—the eligible worker.

s 232R ins 2016 No. 44s 30

Part 4 Review of worker’s entitlement

pt hag ins 2016 No. 44s 30

232SReview if worker entitled only for interim period

(1)This section applies if an insurer decides, under section 232M , a worker is entitled to treatment, care and support payments for the worker’s injury or injuries for an interim period.
(2)The insurer—
(a)may review the worker’s entitlement at any time during the interim period; and
(b)must review the worker’s entitlement at least once before the end of the interim period.
(3)A review must be carried out in the way prescribed by regulation.
(4)After carrying out a review and before the interim period ends, the insurer must decide—
(a)if the insurer is satisfied that the worker’s serious personal injury is likely to continue to meet the eligibility criteria for the injury after the interim period ends—that the worker is entitled to treatment, care and support payments for the worker’s injury or injuries for the rest of the worker’s life; or
(b)otherwise—that the worker’s entitlement to treatment, care and support payments for the worker’s injury or injuries ends—
(i)when the interim period ends; or
(ii)at the start of an earlier day decided by the insurer.
(5)If the worker has multiple injuries resulting from the same event, the insurer’s decision under subsection (4) must be made in relation to the worker’s serious personal injury even though the worker may not need treatment, care or support for the other injuries for the rest of the period decided under the subsection.
(6)Within 10 business days after making a decision under subsection (4), the insurer must give the worker written notice of the decision.
(7)If the insurer decides the worker’s entitlement to treatment, care and support payments ends at a time mentioned in subsection (4)(b), the worker stops being entitled to treatment, care and support payments at that time.

s 232S ins 2016 No. 44s 30

Part 5 Relationship with treatment, care and support damages

pt hdg ins 2016 No. 44s 30

Division 1 Preliminary

div hdg ins 2016 No. 44s 30

232TApplication of part

(1)This part applies if an eligible worker may seek treatment, care and support damages for the worker’s injury.
(2)Section 235 applies to the provisions of this part as if they were provisions of chapter 5.

s 232T ins 2016 No. 44s 30

232UDefinitions for part

In this part—
accept, for awarded treatment, care and support damages, means accept by written notice given to the insurer.
acceptance period, for awarded treatment, care and support damages, means—
(a)if the damages are awarded under a judgment or settlement that must, under another Act, be sanctioned by a court or the public trustee—the period of 10 business days after the sanction is given; or
(b)if the damages are awarded under a judgment and paragraph (a) does not apply—the period of 10 business days after the period for lodging an appeal against the judgment ends; or
(c)if the damages are awarded under a settlement and paragraph (a) does not apply—the period of 10 business days after the settlement is made.
awarded, in relation to treatment, care and support damages, means awarded under a judgment or settlement for a claim for damages.
elect, in relation to a worker seeking treatment, care and support damages for the worker’s injury, means elect in a notice of claim under section 275 for the injury.
person under a legal disability means—
(a)a child; or
(b)a person with impaired capacity for a matter within the meaning of the Guardianship and Administration Act 2000 .

s 232U ins 2016 No. 44s 30

Division 2 Election to seek treatment, care and support damages

div hdg ins 2016 No. 44s 30

232VWorker must make election

(1)If the worker makes a claim for damages under chapter 5 for the worker’s injury, the worker must state in the notice of claim given under section 275 whether or not the worker elects to seek treatment, care and support damages for the injury.
(2)If the worker is entitled to treatment, care and support payments for multiple injuries resulting from the same event, the worker must make the same election under subsection (1) for all the injuries.
(3)If the worker does not elect to seek treatment, care and support damages for the worker’s injury, or the election is taken not to have been made under section 232W , the worker is not entitled to seek treatment, care and support damages for the injury.

s 232V ins 2016 No. 44s 30

232WWhen election of no effect

(1)This section applies if—
(a)the worker elects to seek treatment, care and support damages for the worker’s injury; and
(b)any of the following happens—
(i)a court decides, under section 232X , not to sanction the election;
(ii)a court makes an order, under section 232Y , preventing the worker from being awarded treatment, care and support damages for the injury;
(iii)a court decides, or the worker and insurer agree by way of settlement, that—
(A)the worker is guilty of contributory negligence in relation to the claim for damages; and
(B)the damages the worker would otherwise be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by 50% or more.
(2)The election is taken not to have been made.

s 232W ins 2016 No. 44s 30

232XCourt sanction for election by worker under legal disability

(1)If the worker elects to seek treatment, care and support damages for the worker’s injury and the insurer considers the worker is a person under a legal disability, the insurer must apply to the court for an order sanctioning the notice.
(2)Subsections (3) to (5) apply if the court considers the worker is a person under a legal disability.
(3)The court—
(a)must decide whether or not to sanction the election; and
(b)may order that the worker, or a person acting for the worker, amend the notice of claim to remove the election; and
(c)may make any other order the court considers appropriate.
(4)In deciding whether to make an order under subsection (3), the court—
(a)must consider the worker’s likely legal costs relating to the claim for damages; and
(b)may consider any other matter the court considers relevant.
(5)If the worker is an adult, the court may exercise all the powers of QCAT under the Guardianship and Administration Act 2000 , chapter 3.
(6)If the court exercises a power mentioned in subsection (5), the Guardianship and Administration Act 2000 , section 245 (3) to (6) applies in relation to the exercise of the power as if the court were acting under section 245 (2) of that Act.
(7)This section is subject to section 232Y .
(8)In this section—
court means—
(a)if a proceeding for the claim for damages has been brought in the District Court or the Supreme Court—the court hearing the proceeding; or
(b)otherwise—the District Court or the Supreme Court.

s 232X ins 2016 No. 44s 30

232YCourt order preventing election to seek treatment, care and support damages

(1)The insurer may apply to the court for an order preventing the workerfrom being awarded treatment, care and support damages for the worker’sinjury.
(2)An application under subsection (1) may be made whether or not the worker has made an election to seek treatment, care and support damages for the injury.
(3)The worker is the respondent to the application.
(4)In deciding whether to make the order, the court—
(a)must consider the worker’s ability to manage an award of treatment, care and support damages in a way that will not compromise the worker’s—
(i)prospects of improvement or rehabilitation; or
(ii)future health and wellbeing; and
(b)must consider whether the worker is a person under a legal disability; and
(c)must consider the worker’s likely legal costs relating to the claim for damages; and
(d)may consider any other matter the court considers relevant.
(5)If the court makes the order—
(a)the worker may not elect to seek treatment, care and support damages for the injury; and
(b)any election to seek treatment, care and support damages for the injury made by the worker is taken not to have been made.
(6)If the worker is an adult, the court may exercise all the powers of QCAT under the Guardianship and Administration Act 2000 , chapter 3.
(7)If the court exercises a power mentioned in subsection (6), the Guardianship and Administration Act 2000 , section 245 (3) to (6) applies in relation to the exercise of the power as if the court were acting under section 245 (2) of that Act.
(8)In this section—
court means—
(a)if a proceeding for the claim for damages has been brought in the District Court or the Supreme Court—the court hearing the proceeding; or
(b)otherwise—the District Court or the Supreme Court.

s 232Y ins 2016 No. 44s 30

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

div hdg ins 2016 No. 44s 30

232ZWorker does not elect to seek treatment, care and support damages

(1)This section applies if the worker does not electto seek treatment, care and support damages for the worker’s injury.
(2)The worker’s entitlement to treatment, care and support payments for the worker’s injury continues for the remaining eligibility period for the worker.

s 232Z ins 2016 No. 44s 30

232ZA Worker entitled for interim period elects to seek treatment, care and support damages

(1)This section applies if the worker—
(a)is an eligible worker for the worker’s injury only for an interim period; and
(b)elects to seek treatment, care and support damages for the injury.
(2)Judgment for damages for the injury can not be awarded, and settlement for damages for the injury can not be agreed, until the first of the following happens—
(a)the interim period ends;
(b)the insurer decides, under section 232S , the worker is entitled to treatment, care and support payments for the injury for the rest of the worker’s life;
(c)the worker stops being entitled to treatment, care and support payments under section 232S (7) or another provision of this Act.

s 232ZA ins 2016 No. 44s 30

232ZB Worker entitled for life elects to seek treatment, care and support damages—damages not awarded or not accepted

(1)This section applies if the worker—
(a)is an eligible worker for the worker’s injury for the rest of the worker’s life; and
(b)elects to seek treatment, care and support damages for the injury; and
(c)either—
(i)is awarded damages for the injury that do not include treatment, care and support damages; or
(ii)is awarded treatment, care and support damages for the injury, but the worker does not accept the awarded treatment, care and support damages within the acceptance period.
(2)The worker’s entitlement to treatment, care and support payments for the worker’s injury continues for the remaining eligibility period for the worker.
(3)If subsection (1)(c)(ii) applies, despite the judgment or the terms of the settlement for the claim for damages, neither the insurer nor the employer is liable to pay the amount of the awarded treatment, care and support damages.

s 232ZB ins 2016 No. 44s 30

232ZC Worker entitled for life elects to seek treatment, care and support damages—damages awarded and accepted

(1)This section applies if the worker—
(a)is an eligible worker for the worker’s injury for the rest of the worker’s life; and
(b)elects to seek treatment, care and support damages for the injury; and
(c)is awarded treatment, care and support damages for the injury; and
(d)accepts the awarded treatment, care and support damages within the acceptance period.
(2)The worker’s entitlement to treatment, care and support payments for the worker’s injury continues until the awarded treatment, care and support damages are accepted by the worker, at which time the worker’s entitlement to treatment, care and support payments for the injury stops.

Note—

See section 270 for what happens when treatment, care and support damages for an injury are awarded to a worker who has received treatment, care and support payments for the injury.

s 232ZC ins 2016 No. 44s 30

232ZD Additional payments if treatment, care and support damages insufficient

(1)This section applies if—
(a)the worker accepted treatment, care and support damages awarded for the worker’s injury within the acceptance period; and
(b)the period, of at least 5 years, prescribed by regulation has passed since the worker accepted the awarded treatment, care and support damages; and
(c)the worker considers the amount of awarded treatment, care and support damages is not sufficient to meet the worker’s necessary and reasonable treatment, care and support needs resulting from the injury.
(2)The worker may apply to the insurer for treatment, care and support payments for the injury.
(3)The insurer may accept liability to make treatment, care and support payments to the worker if the insurer is satisfied the amount of awarded treatment, care and support damages is not sufficient to meet the worker’s necessary and reasonable treatment, care and support needs resulting from the worker’s serious personal injury.
(4)In deciding whether to accept liability to make treatment, care and support payments to the worker, the insurer must have regard to the matters prescribed by regulation.
(5)The insurer must decide to accept or not accept liability to make treatment, care and support payments to the worker within 20 business days after the application is made.
(6)The insurer must give the worker written notice of the insurer’s decision.
(7)In this section, a reference to the amount of awarded treatment, care and support damages includes the amount of treatment, care and support payments paid under section 232ZC (2) until the damages were accepted by the worker.
(8)If the insurer accepts liability to make treatment, care and support payments for the worker’s injury under this section—
(a)the worker is entitled to treatment, care and support payments for treatment, care or support resulting from the injury provided during the period—
(i)starting on the day the insurer decides to accept the liability; and
(ii)ending when the first of the following happens—
(A)the worker dies;
(B)the worker’s entitlement to treatment, care and support payments ends under another provision of this Act; and
(b)parts 3 and 6 apply to the worker’s entitlement to treatment, care and support payments, and for that purpose—
(i)the worker is an eligible worker; and
(ii)the worker’s eligibility period is the period mentioned in paragraph (a).

s 232ZD ins 2016 No. 44s 30

Part 6 Recipient absent from Australia

pt hdg ins 2016 No. 44s 30

232ZE Application of part

This part applies to an eligible worker if—
(a)the worker leaves Australia; and
(b)while the worker is absent from Australia, expenses are, or are likely to be, incurred by or for the worker for the worker’s treatment, care or support; and
(c)the insurer did not, in deciding the approved services for the worker, consider the need for treatment, care or support to be provided outside Australia as a result of the worker’s absence.

s 232ZE ins 2016 No. 44s 30

232ZF Worker must notify insurer of absence

(1)At least 1 month before leaving Australia, the worker must give written notice of the absence to the insurer, unless the worker has a reasonable excuse.

Maximum penalty—10 penalty units.

(2)The notice must state—
(a)the day the worker intends to leave Australia; and
(b)if the worker intends to return to Australia—the day the worker intends to return; and
(c)the worker’s address while outside Australia; and
(d)any treatment, care or support to be provided outside Australia that the worker wants the insurer to pay for.
(3)However, this section does not apply if, before the worker leaves Australia, a service request is made, or a funding agreement is entered into, for the treatment, care or support to be provided to the worker outside Australia.

s 232ZF ins 2016 No. 44s 30

232ZG Reviewing support plan or service request approval

(1)This section applies if—
(a)a support plan has been made for the worker; or
(b)a support plan has not been made for the worker, but a service request relating to the worker has been approved.
(2)To the extent the support plan or approved service request relates to the period the worker is, or intends to be, absent from Australia, the insurer may—
(a)review the plan or approval; and
(b)make any amendments to the plan or approval the insurer considers appropriate.
(3)Without limiting subsection (2), the insurer may amend the approved services for the worker by—
(a)removing or rescheduling any treatment, care or support that is to be provided in Australia while the worker is absent from Australia; or
(b)including any treatment, care or support that is to be provided outside Australia while the worker is absent from Australia, if the insurer considers the treatment, care or support should be, wholly or partly, paid for under this chapter, having regard to the following matters—
(i)the length of the absence;
(ii)whether the treatment, care or support is to be, or could be, provided or funded in another way during the absence;
(iii)whether the treatment, care or support is excluded treatment, care or support;
(iv)any other matter the insurer considers relevant.
(4)However, the insurer may amend the approved services to include treatment, care or support that is to be provided outside Australia only if a service request has not been made for the treatment, care or support.
(5)If the insurer decides to amend the support plan, or the approved service request, the insurer must, within 10 business days of making the decision, give the worker a copy of the amended plan or approval.
(6)To remove any doubt, it is declared that the insurer is not required to carry out an assessment under section 232O (1)(a) before amending a support plan under this section.

s 232ZG ins 2016 No. 44s 30

232ZH Suspending entitlement

(1)The insurer may suspend the worker’s entitlement to treatment, care and support payments if the insurer considers the worker’s absence from Australia will, or is likely to, adversely affect—
(a)the worker’s condition resulting from the worker’s injury; or
(b)the worker’s prospects of improvement or rehabilitation.
(2)The worker’s entitlement to treatment, care and support payments may be suspended for all or part of the period the worker is absent from Australia.
(3)If the insurer decides to suspend the worker’s entitlement to treatment, care and support payments, the insurer must give the worker written notice of the decision.

Note—

See section 232L (4) for the effect of a worker’s entitlement to treatment, care and support payments being suspended under this section.
(4)The notice—
(a)must state the period of the suspension; and
(b)may state that the period of suspension starts on the day the worker left Australia, even if the notice is given after that day.

s 232ZH ins 2016 No. 44s 30

Part 7 Other provision

pt hdg ins 2016 No. 44s 30

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

(1)An insurer may, by way of an agreement under the NIIS (Qld) Act, section 60 , engage the NIIS (Qld) agency to perform the insurer’s functions or exercise the insurer’s powers under this chapter, including, for example—
(a)assessing and deciding a worker’s entitlement to treatment, care and support payments; and
(b)preparing support plans; and
(c)deciding service requests under section 232P ; and
(d)entering into funding agreements under section 232Q ; and
(e)deciding payment requests under section 232R .
(2)To remove any doubt, it is declared that an insurer who engages the NIIS (Qld) agency to perform functions or exercise powers under subsection (1) remains liable to make payments to workers under this chapter.
(3)The Regulator may impose a condition on a self-insurer’s licence that the self-insurer engage the NIIS (Qld) agency under subsection (1) for all of the self-insurer’s functions and powers under this chapter or for stated functions and powers.
(4)The Regulator may monitor the performance of functions or the exercise of powers by the NIIS (Qld) agency under an engagement under subsection (1).
(5)In this section—
NIIS (Qld) Act means the National Injury Insurance Scheme (Queensland) Act 2016 .
NIIS (Qld) agency means the agency under the NIIS (Qld) Act.

s 232ZI ins 2016 No. 44s 30

Chapter 5 Access to damages

Part 1 Interpretation and application

233Definitions for ch 5

In this chapter—
claimant means a person entitled to seek damages.
contribution claim means a claim for contribution or indemnity made against another person by an insurer who adds the person as a contributor under section 278A .

def contribution claim ins 2010 No. 24s 12

offer, in relation to written final offers at a compulsory conference, includes a nil offer of settlement.

Example—

An insurer may make a nil offer of settlement to a worker when it intends to allege fraud by the worker.

def offer ins 2010 No. 24s 12

party includes contributor.

def party ins 2004 No. 45s 42

worker, for a claim, means the worker in relation to whose injury the claim is made.
written final offer means written final offer under section 292 .

235Requirements of chapter to prevail and are substantive law

(1)If a provision of an Act or a rule of law is inconsistent with this chapter, this chapter prevails.
(2)All the provisions of this chapter are provisions of substantive law.
(3)However, subsection (2) does not affect minor variations in procedure.

235ADate of relevant health practitioner consultation taken to be date of injury

(1)For the application of this chapter in relation to an injury sustained by a worker that happens over a period, the date on which the worker first consulted a relevant health practitioner about the injury is taken to be the date of the worker’s injury.
(2)This section does not apply to a latent onset injury.
(3)This section does not limit section 236 .
(4)In this section—
relevant health practitioner means a doctor, nurse practitioner or dentist authorised under section 132 to issue a certificate under the section.

s 235A ins 2007 No. 52s 21

amd 2010 No. 24s 13

236Period of limitation under Limitation of Actions Act 1974 never affected

(1)It is declared that nothing in this Act affects, or has ever affected, the commencement of the period of limitation provided by the Limitation of Actions Act 1974 , section 11 .
(2)To remove any doubt, it is declared that the period of limitation provided by the Limitation of Actions Act 1974 , section 11 applicable to an action for damages for injury sustained by a worker in circumstances creating, independently of this Act, a legal liability in the worker’s employer to pay the damages for the injury is, and always has been, the same as would have been applicable to that action if this Act had not been enacted.
(3)This section is subject to section 302 .

236AApplication of ch 5 to specified volunteer firefighter

(1)This chapter applies to a specified volunteer firefighter who—
(a)is covered by a contract entered into with WorkCover for chapter 1, part 4, division 3, subdivision 1; and
(b)sustains an injury that is a specified disease; and
(c)is entitled to seek damages.
(2)For applying this chapter to the specified volunteer firefighter—
(a)the firefighter is taken to be a worker; and
(b)the activity covered by the contract mentioned in subsection (1)(a) is taken to be the firefighter’s employment; and
(c)the party with whom WorkCover entered the contract is taken to be the firefighter’s employer; and
(d)an amount paid to the firefighter under the contract as compensation is taken to be compensation paid to the firefighter under chapter 3; and
(e)a document given, or a thing done, under the contract in relation to the payment of compensation to the firefighter is, to the extent chapter 3 provides for an equivalent document or thing, taken to have been given or done under chapter 3.

Examples for subsection (2)(e)—

a notice of assessment given to the firefighter
an election made by the firefighter to seek damages
the acceptance by the firefighter of an offer of lump sum compensation
an assessment of the injury to decide if the injury has resulted in a DPI

s 236A ins 2015 No. 13s 19 (retro)

236B Liability of contributors

(1)This section applies to an agreement between an employer and another person under which the employer indemnifies the other person for any legal liability of the person to pay damages for injury sustained by a worker.
(2)The agreement does not prevent the insurer from adding the other person as a contributor under section 278A in relation to the employer’s liability or the insurer’s liability for the worker’s injury.
(3)The agreement is void to the extent it provides for the employer, or has the effect of requiring the employer, to indemnify the other person for any contribution claim made by the insurer against the other person.
(4)In this section—
damages includes damages under a legal liability existing independently of this Act, whether or not within the meaning of section 10 .

s 236B ins 2016 No. 44s 31

Part 2 Entitlement conditions

Division 1 Limitations on persons entitled to seek damages

237General limitation on persons entitled to seek damages

(1)The following are the only persons entitled to seek damages for an injury sustained by a worker—
(a)the worker, if the worker—
(i)has received a notice of assessment from the insurer for the injury; or
(ii)has not received a notice of assessment for the injury, but—
(A)has received a notice of assessment for any injury resulting from the same event (the assessed injury); and
(B)for the assessed injury, the worker has a DPI of 20% or more or, under section 239 , has elected to seek damages; or
(iii)has a terminal condition;
(b)a dependant of the deceased worker, if the injury results in the worker’s death and—
(i)compensation for the worker’s death has been paid to, or for the benefit of, the dependant under chapter 3, part 11; or
(ii)a certificate has been issued by the insurer to the dependant under section 132B .
(2)The entitlement of a worker, or a dependant of a deceased worker, to seek damages is subject to the provisions of this chapter and the provisions of chapter 4A, part 5.

Note—

See, for example, section 232V (3) which provides that a worker required under section 232V to elect to seek treatment, care and support damages for an injury who does not make the election is not entitled to seek treatment, care and support damages for the injury.
(3)If a worker—
(a)is required under section 239 to make an election to seek damages for an injury; and
(b)has accepted an offer of payment of lump sum compensation under chapter 3, part 10, division 3 for the injury;

the worker is not entitled to seek damages.

(4)However, subsection (3) does not prevent a worker from seeking damages under section 266 .
(5)To remove any doubt, it is declared that subsection (1) abolishes any entitlement of a person not mentioned in the subsection to seek damages for an injury sustained by a worker.

s 237 amd 2010 No. 24s 3 sch; 2013 No. 52s 17 (retro); 2015 No. 13s 6 (retro); 2016 No. 44s 32

238Worker with terminal condition

(1)This section applies to a worker who has a terminal condition and wishes to seek damages.
(2)The following provisions of this chapter do not apply to the worker—
(a)section 239 ;
(b)part 2, division 4;
(c)section 267 (2) or (3);
(d)part 6, other than section 293 ;
(e)part 7, other than sections 300 to 302 .
(3)However, this section does not stop the worker from voluntarily complying with the provisions mentioned in subsection (2).

s 238 amd 2005 No. 50s 34; 2010 No. 24s 14; 2013 No. 52s 18 (retro)

239Worker who is required to make election to seek damages

(1)This section applies if a worker’s notice of assessment states that the worker’s DPI is less than 20%.
(2)If, in the notice of assessment, the worker is offered a payment of lump sum compensation under chapter 3, part 10, division 3 for the injury, the worker is not entitled to both—
(a)payment of lump sum compensation for the injury; and
(b)damages for the injury.
(3)If, in the notice of assessment, the worker is required to make an election to seek damages for the injury, the worker can not change the worker’s election—
(a)if the worker has elected to seek damages for the injury—after notice of the election is given to the insurer; or
(b)if the worker is taken, under section 189 (7), to have elected to seek damages for the injury—after the worker lodges a notice of claim.

s 239 amd 2013 No. 52s 19 (retro)

239AWorker with more than 1 injury from an event

(1)This section applies to a claimant who is a worker mentioned in section 237 (1)(a)(ii).
(2)The claimant can not have, and the insurer can not decide to have, the injury assessed under chapter 3, part 10 to decide if the claimant has sustained a DPI.
(3)The insurer can not decide the claimant’s notice of claim does not comply with section 275 only because the claimant has not received a notice of assessment for the injury.
(4)However, the claimant may seek damages for the injury only if the insurer decides the claimant has sustained an injury.
(5)The insurer must make a decision for subsection (4) within 40 business days after—
(a)the claimant gives, or is taken to have given, a complying notice of claim; or
(b)the claimant gives a notice of claim for which the insurer waives compliance with the requirements of section 275 with or without conditions; or
(c)a court makes a declaration under section 297 .
(6)The insurer must—
(a)notify the claimant of its decision for subsection (4); and
(b)if the insurer decides the claimant has not sustained an injury—give the claimant written reasons for the decision; and
(c)if the insurer is WorkCover—also give the information mentioned in paragraphs (a) and (b) to the claimant’s employer.
(7)If the insurer does not make a decision for subsection (4) within the time stated in subsection (5)—
(a)the insurer must, within 5 business days after the end of the time stated in subsection (5), notify the claimant—
(i)of its reasons for not making the decision; and
(ii)that the claimant may have the insurer’s failure to make the decision reviewed under chapter 13; and
(b)the claimant may have the insurer’s failure to make the decision reviewed under chapter 13.
(8)A person aggrieved by the insurer’s decision may have the decision reviewed under chapter 13.

s 239A ins 2015 No. 13s 7 (retro)

Division 2 Consequences, to costs, of seeking damages

240Consequences, to costs, of seeking damages

(1)If the claimant is a worker who does not have a terminal condition and the claimant’s notice of assessment states that the claimant’s DPI is 20% or more, part 12, division 1 applies in relation to costs in the claimant’s proceeding for damages.
(2)If the claimant is a worker who does not have a terminal condition and the claimant’s notice of assessment states that the claimant’s DPI is less than 20%, part 12, division 2 applies in relation to costs in the claimant’s proceeding for damages.
(3)If the claimant is a worker who has a terminal condition, part 12, division 1 applies in relation to costs in the claimant’s proceeding for damages.
(4)If the claimant is a dependant, part 12, division 1 applies in relation to costs in the claimant’s proceeding for damages.

s 240 amd 2005 No. 50s 35; 2013 No. 52 ss 20, 56 sch 1 (retro)

Division 3 Urgent proceedings

div hdg sub 2013 No. 52s 21 (retro)

ch 5 pt 2 div 3 sdiv 1 hdg om 2013 No. 52s 21 (retro)

ch 5 pt 2 div 3 sdiv 2 hdg amd 2010 No.24s 3sch

om 2013 No. 52s 21 (retro)

ch 5 pt 2 div 3 sdiv 3 hdg amd 2010 No. 24s 3 sch

om 2013 No. 52s 21 (retro)

241Application of div 3

This division applies to a claimant who is a person mentioned in section 237 (1).

s 241 sub 2013 No. 52s 21 (retro)

242Need for urgent proceedings

(1)This section applies in relation to an urgent need for the claimant to start a proceeding for damages.
(2)Section 276 provides a way for the claimant to satisfy section 302 (2).
(3)Also, the claimant may, under section 298 , seek leave to start a proceeding for damages for an injury without complying with section 275 .
(4)However, if the leave mentioned in subsection (3) is given, a proceeding started by leave is stayed until the claimant complies with section 275 .

s 242 amd 2010 No. 24s 3 sch

sub 2013 No. 52s 21 (retro)

243[Repealed]

s 243 om 2013 No. 52s 21 (retro)

244[Repealed]

s 244 amd 2010 No. 24s 3 sch

om 2013 No. 52s 21 (retro)

245[Repealed]

s 245 amd 2007 No. 52s 22

om 2013 No. 52s 21 (retro)

246[Repealed]

s 246 om 2007 No. 52s 23

247[Repealed]

s 247 om 2013 No. 52s 21 (retro)

248[Repealed]

s 248 om 2013 No. 52s 21 (retro)

249[Repealed]

s 249 om 2013 No. 52s 21 (retro)

250[Repealed]

s 250 om 2013 No. 52s 21 (retro)

251[Repealed]

s 251 om 2013 No. 52s 21 (retro)

252[Repealed]

s 252 om 2013 No. 52s 21 (retro)

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

div hdg prev div 4 hdg om 2013 No. 52s 21 (retro)

pres div 4 hdg ins 2013 No. 52s 22 (retro)

265Application of div 4

This division applies if—
(a)a worker has elected, under section 189 , to accept payment of lump sum compensation for an injury; and
(b)the worker has been assessed under chapter 3, part 10 as having sustained a DPI of less than 20%.

s 265 amd 2013 No. 52s 23 (retro)

266Decision not to seek damages reviewable in certain circumstances

(1)The worker may ask the insurer to consider fresh medical evidence about the worker’s injury but only—
(a)to satisfy the insurer of the matters mentioned in subsection (7) for the purpose of seeking damages for the injury; and
(b)within the period mentioned in section 302 (1).
(2)The insurer is required to consider the medical evidence only if the worker satisfies the insurer that—
(a)when the worker’s DPI was decided under section 179 , there was no reason to believe that there would be a material deterioration of the worker’s injury; and
(b)the further material deterioration is a deterioration of the injury for which the worker was assessed and accepted payment of lump sum compensation under section 189 ; and
(c)the medical evidence—
(i)was not available when the worker’s DPI was previously decided or when the worker made the election not to seek damages; and
(ii)establishes there has been a further material deterioration of the worker’s injury that has resulted in an additional DPI of 10% or more.
(3)If the insurer rejects the evidence, the insurer must refer the evidence to a review panel for review.
(4)The review panel must consider the medical evidence produced by the worker and may accept or reject the evidence.
(5)A decision of the review panel is final and may not be appealed against.
(6)If the insurer or the review panel accepts the medical evidence, the insurer must refer the question of degree of permanent impairment to an appropriate medical assessment tribunal for decision.
(7)The worker may seek damages for the injury if the insurer is satisfied that—
(a)the worker’s further material deterioration has resulted in an additional DPI of 10% or more; and
(b)the deterioration is a deterioration of the injury for which the worker has accepted payment of lump sum compensation; and
(c)the deterioration does not arise from combining a psychiatric or psychological injury with another injury; and
(d)the additional DPI, when added to the worker’s previous DPI, results in a DPI of the worker of 20% or more.
(8)In this section—
review panel means a panel consisting of the chairperson or deputy chairperson of the General Medical Assessment Tribunal and a member of an appropriate medical assessment tribunal.

s 266 amd 2013 No. 52s 24 (retro)

Division 5 [Repealed]

div 5 (ss 253–256) om 2013 No. 52s 21 (retro)

253[Repealed]

div 5 (ss 253–256) om 2013 No. 52s 21 (retro)

254[Repealed]

div 5 (ss 253–256) om 2013 No. 52s 21 (retro)

255[Repealed]

div 5 (ss 253–256) om 2013 No. 52s 21 (retro)

256[Repealed]

div 5 (ss 253–256) om 2013 No. 52s 21 (retro)

Division 6 [Repealed]

div 6 (ss 257–260) om 2013 No. 52s 21 (retro)

257[Repealed]

div 6 (ss 257–260) om 2013 No. 52s 21 (retro)

258[Repealed]

div 6 (ss 257–260) om 2013 No. 52s 21 (retro)

259[Repealed]

div 6 (ss 257–260) om 2013 No. 52s 21 (retro)

260[Repealed]

div 6 (ss 257–260) om 2013 No. 52s 21 (retro)

Division 7 [Repealed]

div 7 (ss 261–264) om 2013 No. 52s 21 (retro)

261[Repealed]

div 7 (ss 261–264) om 2013 No. 52s 21 (retro)

262[Repealed]

div 7 (ss 261–264) om 2013 No. 52s 21 (retro)

263[Repealed]

div 7 (ss 261–264) om 2013 No. 52s 21 (retro)

264[Repealed]

div 7 (ss 261–264) om 2013 No. 52s 21 (retro)

Division 8 [Repealed]

div hdg om 2013 No. 52s 22 (retro)

Part 3 Mitigation of loss and rehabilitation

267Mitigation of loss

(1)The common law duty of mitigation of loss applies to all workers in relation to claims or proceedings for damages.
(2)The worker must satisfactorily participate in rehabilitation.
(3)Without limiting subsection (2), a worker must satisfactorily participate in any return to work program or suitable duties arranged by the insurer.
(4)The worker’s duty mentioned in this section is in addition to any duty the worker may have under section 231 .

s 267 amd 2010 No. 24s 15; 2013 No. 52s 77

268Provision of rehabilitation

(1)An insurer may make rehabilitation available to a worker on the insurer’s own initiative or if the worker asks.
(2)If the insurer makes rehabilitation available to a worker before admitting or denying liability for damages, the insurer must not be taken, only for that reason, to have admitted liability.
(3)If—
(a)liability has been admitted for damages; or
(b)the insurer has agreed to fund rehabilitation without making an admission of liability;

the insurer must, if the worker asks, ensure that reasonable and appropriate rehabilitation is made available to the worker.

(4)The worker may, if not satisfied that the rehabilitation is reasonable and appropriate, apply to the insurer to appoint a mediator to help resolve the questions between the worker and the insurer.
(5)An application for appointment of a mediator under subsection (4) must—
(a)be made in writing; and
(b)give details of any attempts made by the applicant to resolve the matter in dispute.
(6)The fees and expenses of the mediator are to be paid as agreed between the parties or, in the absence of agreement, by the parties in equal proportions.
(7)The insurer must make rehabilitation available to the worker, and the worker must satisfactorily participate in the rehabilitation, in sufficient time to enable the insurer and the worker to comply with parts 5, 6 and 7.
(8)This section does not apply to a worker for any period for which the worker is entitled to compensation under chapter 4A, including any period for which the entitlement is suspended under section 232ZH .

s 268 amd 2016 No. 44s 33

269Costs of rehabilitation

(1)If an insurer intends to ask a court to take the cost of rehabilitation into account in the assessment of damages payable to a worker, the insurer must, before providing the rehabilitation, give the worker a written statement estimating the cost of the rehabilitation.
(2)The insurer must bear, or reimburse, the cost of providing the rehabilitation, unless the insurer’s liability for the cost is reduced—
(a)by agreement with the worker; or
(b)by order of the court.
(3)The cost to the insurer of providing the rehabilitation is to be taken into account in the assessment of damages on the claim if, and only if, the insurer gave the statement mentioned in subsection (1).
(4)The following applies if the cost of rehabilitation is to be taken into account in the assessment of damages—
(a)the damages are first assessed, without reduction for contributory negligence, on the assumption that the worker has incurred the cost of the rehabilitation;
(b)then, any reduction of the damages assessed, on account of contributory negligence, is made;
(c)then, the total cost of rehabilitation is set off against the amount assessed under paragraph (b).

Example—

Suppose that responsibility for an injury is apportioned equally between the worker and the insurer. Damages (exclusive of the cost of rehabilitation) before apportionment are fixed at $100,000. The insurer has spent $5000 on rehabilitation. In this case, the worker’s damages will be assessed under paragraph (a) at $105,000 (that is, as if the worker had incurred the $5000 rehabilitation expense) and reduced to $52,500 under paragraph (b), and the $5000 spent by the insurer on rehabilitation will be set off against this amount, resulting in a final award of $47,500.
(5)If an insurer is induced by a worker’s fraud to provide rehabilitation to the worker—
(a)if the insurer is WorkCover—WorkCover may recover the cost of providing the rehabilitation, as a debt, from the worker; or
(b)if the insurer is a self-insurer—the Regulator may recover, on behalf of the self-insurer, the cost of providing the rehabilitation, as a debt, from the worker.

s 269 amd 2013 No. 52s 114sch 2

Part 4 Reduction of recoverable damages

270When damages are to be reduced

(1)The amount of damages that an employer is legally liable to pay to a claimant for an injury must be reduced by the total amount paid or payable by an insurer by way of compensation for the injury.
(2)However, subsection (1) applies to compensation paid or payable under chapter 4A only if the damages include treatment, care and support damages.
(3)Also, the amount of damages must not be reduced by an amount paid under section 193 .
(4)This section does not limit the reduction of the amount of the damages by any other amount that the insurer or the claimant is legally liable to pay on account of the worker under another law.

s 270 amd 2016 No. 44s 34

271Assessment by court of total liability for damages

(1)This section applies if—
(a)damages are awarded for an injury; or
(b)damages are to be paid in settlement of a claim for an injury.
(2)To establish the reduction under section 270 (1) in damages for compensation paid, the claimant or insurer may apply to—
(a)the court in which the proceeding is brought; or
(b)if a proceeding has not been started—the Industrial Magistrates Court.
(3)The court’s decision is binding on the insurer and all persons entitled to payment by the insurer for the injury.

Part 5 Pre-court procedures

273Object of pt 5

The object of this part is to facilitate the just and expeditious resolution of the real issues in a claim for damages at a minimum of expense.

274Overriding obligations of parties

(1)In accordance with the object of this part, this part is to be applied by the parties to avoid undue delay, expense and technicality and to facilitate the object.
(2)A party impliedly undertakes to other parties to proceed in an expeditious way.
(3)A court may impose appropriate sanctions if a party does not comply with a provision of this part.

275Notice of claim for damages

(1)Before starting a proceeding in a court for damages, a claimant must give notice under this section within the period mentioned in section 302 (1).
(2)The claimant must—
(a)give the notice of claim in the approved form to the insurer at the insurer’s registered office; and
(b)if the worker’s employer is not a self-insurer, give a copy of the notice of claim to the worker’s employer.
(3)The notice must include the particulars prescribed under a regulation.
(4)The claimant must state in the notice—
(a)whether, and to what extent, liability expressed as a percentage is admitted for the injury; or
(b)a statement of the reasons why the claimant can not admit liability.

Note—

See also section 232V .
(5)Any statement made by the claimant in the notice that is in the claimant’s personal knowledge must be verified by statutory declaration.
(6)The notice must be accompanied by a genuine offer of settlement or a statement of the reasons why an offer of settlement can not yet be made.
(7)The notice must be accompanied by the claimant’s written authority allowing the insurer to obtain information, including copies of documents relevant to the claim, and in the possession of—
(a)a hospital; or
(b)the ambulance service of the State or another State; or
(c)a doctor, provider of treatment or rehabilitation services or person qualified to assess cognitive, functional or vocational capacity; or
(d)the employer or a previous employer; or
(e)persons that carry on the business of providing workers’ compensation insurance, compulsory third party insurance, personal accident or illness insurance, insurance against loss of income through disability, superannuation funds or any other type of insurance; or
(f)a department, agency or instrumentality of the Commonwealth or the State; or
(g)a solicitor, other than where giving the information or documents would breach legal professional privilege.
(8)The notice must also be accompanied by copies of all documents supporting the claim including, but not limited to—
(a)hospital, medical and other reports relating to the injury sustained by the worker, other than reports obtained by or on behalf of the insurer; and
(b)income tax returns, group certificates and other documents for the 3 years immediately before the injury supporting the claimant’s claim for lost earnings or diminution of income-earning capacity; and
(c)invoices, accounts, receipts and other documents evidencing the claimant’s claim for out-of-pocket expenses; and
(d)for a claimant other than a worker with a terminal condition or a dependant—the notice of assessment for the injury sustained by the worker.

s 275 amd 2013 No. 52s 25 (retro); 2016 No. 44s 35

276Noncompliance with s 275 and urgent proceedings

(1)The purpose of this section is to enable a claimant to avoid the need to bring an application under section 298 .
(2)Without limiting section 297 or 298 , if the claimant alleges an urgent need to start a proceeding for damages despite noncompliance with section 275 , the claimant must, in the claimant’s notice of claim—
(a)state the reasons for the urgency and the need to start the proceeding; and
(b)ask the insurer to waive compliance with the requirements of section 275 .
(3)The claimant’s lawyer may sign the notice of claim on the claimant’s behalf if it is not reasonably practicable for the claimant to do so.
(4)The claimant’s notice of claim may be given by fax in the way provided for under a regulation.
(5)The insurer must, before the end of 3 business days after receiving the notice of claim, advise the claimant that the insurer agrees or does not agree that there is an urgent need to start a proceeding for damages.
(6)If the insurer agrees that there is an urgent need to start a proceeding for damages, the insurer may, in the advice to the claimant under subsection (5), impose the conditions the insurer considers necessary or appropriate to satisfy the insurer to waive compliance under section 278 (2)(b).
(7)The claimant must comply with the conditions within a reasonable time that is agreed between the insurer and the claimant.
(8)The claimant’s agreement to comply with the conditions is taken to satisfy section 302 (2)(a)(ii).

s 276 amd 2013 No. 52s 56sch 1 (retro)

277Claimant to tell insurer of change to information in notice of claim

(1)The claimant must give the insurer written notice of any significant change in relation to the information given in the notice of claim.
(2)The notice must also state the date of, and reasons for, the change in the information.

278Response to notice of claim

(1)This section applies if a notice of claim is given to an insurer.
(2)The insurer must, within 10 business days after receiving the notice, give the claimant written notice—
(a)stating whether the insurer is satisfied that the notice of claim is a complying notice of claim; and
(b)if there is an urgent need to start a proceeding—stating that the insurer is only willing to waive compliance with the requirements if the claimant agrees to satisfy conditions imposed by the insurer under section 276 ; and
(c)if the insurer is not so satisfied—identifying the noncompliance and stating whether the insurer waives compliance with the requirements; and
(d)if the insurer does not waive compliance with the requirements—allowing the claimant a reasonable period of at least 10 business days either to satisfy the insurer that the claimant has complied with the requirements or to take reasonable action to remedy the noncompliance; and
(e)stating whether the insurer is prepared, without admitting liability on the claim, to meet the cost of the claimant’s reasonable and appropriate rehabilitation.
(3)If the insurer is not prepared to waive compliance with the requirements in the first instance, the insurer must, within 10 business days after the end of the period specified in subsection (2)(d), give the claimant written notice stating that—
(a)the insurer—
(i)is satisfied the claimant has complied with the relevant requirements; or
(ii)is satisfied with the action taken by the claimant to remedy the noncompliance; or
(iii)waives the noncompliance; or
(b)the insurer is not satisfied that the claimant has taken reasonable action to remedy the noncompliance, with full particulars of the noncompliance and the claimant’s failure to remedy it.
(4)If the insurer does not give the written notice mentioned in subsection (2) within 10 business days after receiving the notice of claim, the notice of claim is taken to be a complying notice of claim.
(5)The insurer must, within 5 business days after receiving a complying notice of claim or waiving noncompliance with the requirements of section 275 , advise the employer or employers against whom negligence is alleged.

s 278 amd 2004 No. 45s 3 sch; 2013 No. 52s 78

278AInsurer may add other person as contributor

(1)An insurer who receives a notice of claim may, within the time prescribed under a regulation or, if no period is prescribed, within 20 business days after receiving the notice of claim, add someone else as a contributor for the purposes of this part by giving the person a written notice (contribution notice)—
(a)claiming an indemnity from, or contribution towards—
(i)the employer’s liability; and
(ii)the insurer’s liability; and
(b)stating the grounds on which the insurer holds the person liable; and
(c)stating any other information that may be prescribed under a regulation; and
(d)accompanied by copies of documents about the claim given to or received from any other party under this Act.
(2)If the time prescribed under subsection (1) for adding a contributor has ended, an insurer may add someone else as a contributor only with the person’s agreement and with—
(a)the agreement of the parties; or
(b)the court’s leave.
(3)If an insurer adds someone as a contributor under this section, the insurer must give a copy of the contribution notice to each other party within the time prescribed under a regulation or, if no period is prescribed, within 5 business days after adding someone as a contributor.

Maximum penalty for subsection (3)—50 penalty units.

s 278A ins 2004 No. 45s 43

278BContributor’s response

(1)A contributor must, within the period prescribed under a regulation or, if no period is prescribed, within 20 business days after receiving a contribution notice, give the insurer who gave the contribution notice a written response (contributor’s response)—
(a)containing a statement of information prescribed under a regulation; and
(b)accompanied by any documents that may be prescribed under a regulation.
(2)The contributor’s response must also state—
(a)whether the claim for the contribution or indemnity claimed in the contribution notice is admitted, denied or admitted in part; and
(b)if the claim for the contribution or indemnity is admitted in part, the extent, expressed as a percentage, to which it is admitted.
(3)An admission of liability in the contributor’s response—
(a)is not binding on the contributor in relation to any other claim; and
(b)is not binding on the contributor at all if it later appears the admission was induced by fraud.
(4)If the insurer requires information provided by a contributor under this section to be verified by statutory declaration, the contributor must verify the information by statutory declaration.

s 278B ins 2004 No. 45s 43

279Parties to cooperate

(1)The parties must cooperate in relation to a claim, in particular by—
(a)giving each other copies of relevant documents about—
(i)the circumstances of the event resulting in the injury; and
(ii)the worker’s injury; and
(iii)the worker’s prospects of rehabilitation; and
(b)giving information reasonably requested by each other party about—
(i)the circumstances of the event resulting in the injury; and
(ii)the nature of the injury and of any impairment or financial loss resulting from the injury; and
(iii)if applicable—the medical treatment and rehabilitation the worker has sought from, or been provided with, by the worker’s employer or the insurer; and
(iv)the worker’s medical history, as far as it is relevant to the claim; and
(v)any applications for compensation made by the claimant or worker for any injury resulting from the same event.
(2)Subsection (1)(a) applies to relevant documents that—
(a)are in the possession of a party; or
(b)are reasonably required by WorkCover from the worker’s employer under section 280 .
(3)A claimant and an insurer must give each other copies of the relevant documents within 21 business days after the claimant gives the insurer a notice of claim.
(3A)An insurer and a contributor must give each other copies of the relevant documents within 21 business days after the insurer gives the contributor a contribution notice.
(3B)A contributor must give the claimant copies of the relevant documents within 21 business days after the insurer gives the contributor a contribution notice.
(3C)If the relevant documents come into a party’s possession later than the time mentioned in subsection (3), (3A) or (3B), a party mentioned in the subsection must give the other party mentioned in the subsection a copy of the relevant documents within 21 business days after they come into the party’s possession.
(4)A party must respond to a request from another party under subsection (1)(b) within 21 business days after receiving it.
(5)This section is subject to section 284 .
(6)In this section—
relevant documents means reports and other documentary material, including written statements made by the claimant, the worker’s employer, a contributor, or by witnesses.

s 279 amd 2004 No. 45s 44; 2010 No. 24s 3 sch

280Employer to cooperate with WorkCover

(1)An employer against whom negligence is alleged in connection with a claim must cooperate fully with and give WorkCover all information and access to documents in relation to the claim that WorkCover reasonably requires.
(2)WorkCover may recover from the employer as a debt in the Industrial Magistrates Court—
(a)any additional costs reasonably incurred in connection with the claim as a direct result of the employer’s noncompliance with subsection (1); and
(b)to the extent that WorkCover’s interests in connection with the claim have been prejudiced as a direct result of the employer’s noncompliance with subsection (1)—an amount reflecting the extent of WorkCover’s prejudice.

281Parties to attempt to resolve claim

(1)The parties must endeavour to resolve a claim as quickly as possible.
(2)The insurer must give the claimant a written notice under subsection (4) within 6 months after—
(a)the insurer receives a complying notice of claim or waives the claimant’s noncompliance with the requirements of section 275 ; or
(b)the court makes an order under section 297 ; or
(c)the court makes an order under section 298 .
(3)For subsection (2), for a worker with a terminal condition, the insurer must give the claimant the written notice within 3 months.
(4)The written notice must—
(a)state whether liability in connection with the event to which the claim relates is admitted or denied and—
(i)if liability is admitted—
(A)state whether contributory liability is claimed from the worker or another party; and
(B)state the extent, expressed as a percentage, to which liability is admitted; and
(ii)if liability is denied, completely or partly—give particulars of the basis on which liability is denied; and
(b)state whether the insurer accepts or rejects any offer of settlement that may be made by the claimant; and
(c)if the claimant did not make an offer of settlement in the notice of claim or the insurer is rejecting the offer—contain a genuine offer or counter-offer of settlement, or a statement of the reasons why an offer or counter-offer of settlement can not yet be made; and
(d)be accompanied by copies of all medical reports, assessments of cognitive, functional or vocational capacity, or other material in the insurer’s possession not previously given to the claimant that may help the claimant to make a proper assessment of the offer.
(4A)The insurer must, within 5 business days after giving the claimant the written notice, give a copy of the notice to any contributor.
(5)If the insurer is WorkCover, WorkCover must also, within 5 business days after giving the claimant the written notice, give a copy of the notice to the worker’s employer.
(6)The insurer or the claimant to whom a written offer or counter-offer of settlement is made must respond in writing to the offer within 10 business days after receiving it, indicating acceptance or rejection of the offer, unless a response to the offer is to be made under subsection (4)(b).
(7)The offer or counter-offer of settlement is made on a without prejudice basis and must not be disclosed to a court except on the issue of costs.
(8)An admission of liability by an insurer under this section—
(a)is not binding on the insurer at all if it is later shown at the trial in the proceeding for damages that the claimant has been relevantly guilty of fraud or attempted fraud; and
(b)is not binding on the insurer at all if it is later shown that liability was admitted because of misrepresentation by any person; and
(c)is not an admission about the nature and extent of the claimant’s loss or damage or that the claimant has sustained loss or damage, unless it specifically states otherwise; and
(d)does not entitle the claimant to apply for judgment, summary or otherwise, in a court of competent jurisdiction; and
(e)is confined to damages under the claim.
(9)In calculating the period of 6 months mentioned in subsection (2), any period during which a decision of the insurer relevant to the claim is subject to a review or appeal is not counted.
(10)In this section—
decision, for subsection (9), includes failure to make a decision.
review or appeal means a review or appeal under chapter 13 that has been started.

s 281 amd 2004 No. 45 ss 45, 3 sch

282Worker to undergo medical examination

(1)An insurer or a contributor may at any time ask the worker to undergo either or both of the following, whether at 1 time or at different times, at the expense of the insurer or contributor—
(a)a medical examination by a doctor to be selected by the worker from a panel of at least 3 doctors nominated in the request;
(b)an assessment of cognitive, functional or vocational capacity by a registered person to be selected by the worker from a panel of at least 3 persons with appropriate qualifications and experience nominated in the request.
(2)The worker must comply with the request unless it would be unreasonable or unnecessarily repetitious.
(3)If 3 doctors or persons with appropriate qualifications and experience are not available for inclusion on a panel, the number on the panel may be reduced to 2.

s 282 amd 2004 No. 45 ss 46, 3 sch

283Joint expert reports

(1)Some or all of the parties may jointly arrange for an expert report about—
(a)the event or events giving rise to the claim; or
(b)the worker’s injury; or
(c)the worker’s capacity to undertake specific rehabilitation programs; or
(d)the worker’s capacity to undertake further work and earn income; or
(e)any other matter about the claim.
(2)None of the parties is under an obligation to agree to a proposal to obtain a report.
(3)The person preparing the report must be a person agreed to by the parties and have appropriate qualifications and experience in the relevant field.
(4)The person preparing the report must give each party a copy of the report.
(5)The cost of obtaining a report is to be paid by the parties in proportions agreed to in writing between them or, in default of agreement, in equal proportions.
(6)This section does not prevent a party from obtaining a report other than under this section.

s 283 amd 2004 No. 45s 47; 2010 No. 24s 3 sch

284Nondisclosure of certain material

(1)A party is not obliged to disclose information or a document if the information or document is protected by legal professional privilege.
(2)However, the following must be disclosed even though otherwise protected by legal professional privilege—
(a)investigative reports;
(b)medical reports;
(c)reports relevant to the worker’s rehabilitation;
(d)relevant documents mentioned in section 279 , other than correspondence between a party and the party’s lawyer.
(3)If an insurer or a contributor has reasonable grounds to suspect a claimant of fraud, the insurer or contributor may withhold from disclosure information, or omit a document or a passage from a document, that—
(a)would alert the claimant to the suspicion; or
(b)could help further the fraud; or
(c)the insurer or contributor believes would meet the requirements of the Right to Information Act 2009 , schedule 3 .
(4)Subsection (3) applies even if the information or document would, if the subsection did not apply, have to be disclosed under subsection (2).
(5)Also, WorkCover or an employer is not obliged to disclose the estimate of damages calculated by WorkCover for the purpose of premium setting under chapter 2, part 3.

s 284 amd 2004 No. 45s 48; 2009 No. 13s 213sch 5

285Consequence of failure to give information

(1)This section applies if a party fails to comply with a provision of this chapter requiring the party to disclose a document to another party.
(2)The document can not be used by the party in a subsequent court proceeding for the claim, or the deciding of the claim, unless the court orders otherwise.
(3)If the document comes to the other party’s knowledge, the document may be used by the other party.

s 285 amd 2004 No. 45s 49 (amdt could not be given effect); 2005 No. 11s 60

286Privilege and duties

Subject to this Act, information and documents disclosed under this chapter are protected by the same privileges, and are subject to the same duties, as if disclosed in a proceeding before the Supreme Court.

287Court’s power to enforce compliance with chapter

If a party fails to comply with a provision of this chapter, a court may order the party to comply with the provision, and may make consequential or ancillary orders that may be necessary or desirable in the circumstances of the case.

Part 6 Settlement of claims

Division 1 Compulsory conference

288Application of div 1

This division does not apply to a claim that is otherwise settled by negotiation between the parties.

289Compulsory conference

(1)Before the claimant starts a proceeding for damages, there must be a conference of the parties (the compulsory conference).
(2)Any party may call the compulsory conference.
(3)The compulsory conference must be held within 3 months after the insurer gives the claimant a written notice under section 281 .
(4)However, if the parties agree, the conference may be held at a later date.
(5)If the insurer is WorkCover, WorkCover must advise the worker’s employer of the time and place of the compulsory conference.
(6)On application by a party, the court—
(a)may—
(i)fix the time and place for the compulsory conference; or
(ii)dispense with the compulsory conference for good reason; and
(b)may make any other orders the court considers appropriate.
(7)In considering whether to dispense with the compulsory conference, the court must take into account the extent of compliance by the parties with their respective obligations in relation to the claim.
(8)The claimant in person, a person authorised to settle on the insurer’s behalf and a person authorised to settle on behalf of any contributor must attend the conference and actively participate in an attempt to settle the claim, unless the claimant or person has a reasonable excuse.
(9)If it would be unreasonable for all parties to attend at the same place, for example, because of distance or illness, the conference may be conducted by telephone conferencing, videoconferencing or another form of communication that allows reasonably contemporaneous and continuous communication between the parties.

s 289 amd 2004 No. 45s 50

290Procedure at conference

(1)The compulsory conference may be held with a mediator if all parties agree.
(2)An agreement that the compulsory conference is to be held with a mediator must specify how the costs of the mediation are to be borne.
(3)The mediator must be a person independent of the parties—
(a)agreed to by the parties; or
(b)nominated by the registrar of the court on application under subsection (4).
(4)If the parties are unable to agree on the appointment of a mediator within 21 business days after the date for the compulsory conference is fixed, any party may apply to the registrar of the court for the nomination of a mediator.

s 290 amd 2004 No. 45s 51(1)–(7)

290AExchange of material for compulsory conference

(1)At least 5 business days before the compulsory conference is to be held, each party must give each other party—
(a)copies of all documents not yet given to the party that are relevant and required to be given for the claim; and
(b)a statement verifying that all relevant documents in the possession of the party or the party’s lawyer have been given as required; and
(c)details of the party’s legal representation; and
(d)if the party has legal representation—a certificate (a certificate of readiness) signed by the party’s lawyer to the effect that the party is ready for the conference.
(2)A certificate of readiness must state that—
(a)the party is completely ready for the conference; and
(b)all investigative material required for the conference has been obtained, including witness statements from persons, other than expert witnesses; and
(c)medical or other expert reports have been obtained from all persons the party proposes to rely on as expert witnesses at the conference; and
(d)the party has complied fully with the party’s obligations to give all other parties material that is relevant and required to be given for the claim; and
(e)the party’s lawyer has given the party a statement (a financial statement) containing the information required under subsection (3).
(3)A financial statement must state—
(a)details of the legal costs payable by the party to the party’s lawyer up to the completion of the conference; and
(b)an estimate of the party’s likely legal costs and net damages if the claim proceeds to trial and is decided by the court; and
(c)an estimate of the party’s likely legal costs and net damages if the claim is settled without proceeding to trial; and
(d)the consequences to the party, in terms of costs, in each of the following cases if the claim proceeds to trial and is decided by the court—
(i)the amount of the damages awarded by the court is equal to, or more than, the claimant’s written final offer;
(ii)the amount of the damages awarded by the court is less than the claimant’s written final offer but equal to, or more than, the insurer’s written final offer;
(iii)the claim is dismissed, the court makes no award of damages or the amount of the damages awarded by the court is equal to, or less than, the insurer’s written final offer.
(4)If the insurer is WorkCover, WorkCover must give a copy of the certificates of readiness and WorkCover’s costs statement to the worker’s employer at least 5 business days before the compulsory conference.

s 290A (prev s 290 (5)–(9)) amd 2004 No. 45 ss 52, 3 sch

renum and reloc 2004 No. 45s 51(8)

amd 2010 No. 24 ss 16, 3 sch

291Information to be given by party’s lawyer before other type of settlement attempted

Before settlement of a claim is attempted in a way other than by a compulsory conference, each party’s lawyer must give the party a statement (also a financial statement) containing the information mentioned in section 290A (3).

s 291 amd 2004 No. 45s 3 sch

292Parties to make written final offers if claim not settled at compulsory conference

(1)This section applies to the following (each a claim)—
(a)a claim made by the claimant against another party;
(b)a contribution claim relating to the claim made by the claimant.
(2)If a claim is not settled at a compulsory conference, each party that has legal capacity to settle the claim must ensure that it makes a written final offer or written final offers at the conference to another or other parties at the conference that would dispose of the claim if the offer or offers were accepted.
(3)Any 2 or more parties may make a joint written final offer to another party.
(4)Before a joint written final offer is made, the parties making the offer must give the party to whom the offer is to be given sufficient notice of the fact that a joint written final offer will be made to enable the party to appropriately respond.
(5)Also, if more than 1 claim is the subject of the compulsory conference, a written final offer may be a consolidated written final offer for all the claims made by the claimant.
(6)A consolidated written final offer must cover all contribution claims relating to all the claims made by the claimant to the extent the party making the offer has legal capacity to settle the contribution claims.
(7)A consolidated written final offer must detail the portion of the offer applicable to each claim.
(8)A consolidated written final offer can only be accepted or rejected in full.
(9)A written final offer must remain open for 10 business days and proceedings must not be started while the offer remains open.
(10)If the claimant or insurer brings a proceeding in a court for a claim, the claimant or insurer must, at the start of the proceeding, file at the court a sealed envelope containing a copy of the claimant’s or insurer’s written final offer for the claim.
(11)A party to proceedings for a claim, other than the party who starts the proceedings, within 10 business days after being served with the legal process that starts the proceeding, must file at the court a sealed envelope containing a copy of the party’s written final offer for the claim.
(12)The court must not read an offer filed under subsection (10) or (11) until it has decided the claim relating to the offer.
(13)The court must have regard to the filed offer in making a decision about whether it should order that a party to whom an offer was given should pay all or part of—
(a)the costs of a party who made the offer; and
(b)if the claim is a contribution claim—any costs the party who was given the offer is liable to pay to the claimant.

s 292 amd 2004 No. 45 ss 53, 3 sch

sub 2010 No. 24s 17

Division 2 Settlement before court proceedings

293Settlement of claim for damages

If a claim or contribution claim is settled before the start of a court proceeding, the parties to the settlement must sign a discharge for the claim.

s 293 amd 2004 No. 45s 55

Part 7 Start of court proceedings

Division 1 When claimant can start court proceedings

294Application of div 1

This division states the conditions that must be satisfied before a claimant can start a court proceeding.

295Compliance necessary before starting proceeding

The claimant may start a proceeding in a court for damages only if the claimant has complied with—
(a)the relevant division under part 2, to the extent the division imposes a requirement on the person; and
(b)part 5, other than as provided by sections 297 and 298 ; and
(c)part 6; and
(d)section 296 .

296Claimant to have given complying notice of claim or insurer to have waived compliance

The claimant may start the proceeding if any of the following have happened—
(a)at least 6 months or, for a claimant with a terminal condition or to whom section 302 (1)(b) applies, 3 months have elapsed after—
(i)the claimant has given, or is taken to have given, a complying notice of claim; or
(ii)the insurer has waived the claimant’s noncompliance with the requirements of section 275 with or without conditions; or
(iii)the court has made an order under section 297 or 298 ;
(b)the insurer has admitted liability, but is claiming contributory liability from the claimant, a contributor or another party, and the claimant has given the insurer written notice that the extent of the admission is disputed;
(c)the insurer has admitted liability but damages can not be agreed.

s 296 amd 2004 No. 45s 56; 2013 No. 52s 26 (retro); 2015 No. 13s 8 (retro)

297Court to have made declaration about noncompliance

(1)Subject to section 296 , the claimant may start the proceeding if the court, on application by the claimant dissatisfied with the insurer’s response under section 278 to a notice of claim, declares that—
(a)notice of claim has been given under section 275 ; or
(b)the claimant is taken to have remedied noncompliance with the requirements of section 275 .
(2)A declaration that a claimant is taken to have remedied noncompliance with section 275 may be made on conditions the court considers necessary or appropriate to minimise prejudice to the insurer from the claimant’s failure to comply with the requirements of section 275 .

298Court to have given leave despite noncompliance

(1)Subject to section 296 , the claimant may start the proceeding if the court, on application by the claimant, gives leave to bring the proceeding despite noncompliance with the requirements of section 275 .
(2)The order giving leave to bring the proceeding may be made on conditions the court considers necessary or appropriate to minimise prejudice to the insurer from the claimant’s failure to comply with the requirements of section 275 .

299Other provision for urgent proceedings

Part 2, division 3 provides for the urgent starting of proceedings by persons mentioned in section 237 (1), and for the staying of those proceedings.

s 299 sub 2013 No. 52s 27 (retro)

Division 2 Court proceedings

300Carriage of proceedings

(1)If a proceeding is brought for damages, the proceeding must be brought against the employer of the injured or deceased worker and not against WorkCover.
(2)However, a proceeding may, and may only, be brought against WorkCover if—
(a)the employer was an individual and can not be adequately identified, is dead or can not practically be served; or
(b)the employer was a corporation and has been wound up; or
(c)the employer was self-insured at the time of the event and WorkCover has since assumed the employer’s liability for the injury.
(3)If a claim has not been settled at a compulsory conference, then despite any rule of court, the legal process that starts the proceeding must be served on the employer—
(a)within 60 days after the day the conference was held; or
(b)within the further period that the court orders on the claimant’s application.
(4)If the employer is not a self-insurer, legal process that starts the proceeding must be served on WorkCover within 30 days after the employer has been served, and no step may be taken in the proceeding until WorkCover or the self-insurer has been served.
(5)WorkCover is entitled to conduct for an employer, other than an employer who is a self-insurer, all proceedings taken to enforce the claim or to settle any matter about the claim.
(6)An employer who is a self-insurer is entitled to conduct all proceedings taken to enforce the claim or to settle any matter about the claim.
(7)In addition to an employer’s obligation under section 280 (1), the employer, other than an employer who is a self-insurer, immediately on being required by WorkCover to do so, must execute all documents and do everything that WorkCover considers reasonably necessary to allow the proceedings to be conducted by it.
(8)If an employer, other than an employer who is a self-insurer—
(a)is absent from the State or, after reasonable inquiry, can not be found; or
(b)refuses, fails or is unable to execute documents mentioned in subsection (7);

WorkCover may execute for the employer all documents that it may require or requires the employer to execute for subsection (7).

301Exclusion of jury trial

A proceeding for damages must be decided by a judge without a jury.

302Alteration of period of limitation

(1)A claimant may bring a proceeding for damages for a personal injury—
(a)within the period of limitation (the general limitation period) allowed for bringing a proceeding for damages for personal injury under the Limitations of Actions Act 1974; or
(b)if schedule 5 provides for a different period for bringing the proceeding—within the period mentioned in schedule 5 .
(2)A claimant may bring a proceeding for damages for personal injury after the end of the period mentioned in subsection (1) only if—
(a)before the end of that period—
(i)the claimant gives, or is taken to have given, a complying notice of claim; or
(ii)the claimant gives a notice of claim for which the insurer waives compliance with the requirements of section 275 with or without conditions; or
(iii)a court makes a declaration under section 297 ; or
(iv)a court gives leave under section 298 ; and
(b)the claimant complies with section 295 .
(3)However, the proceeding must be brought within 60 days after a compulsory conference for the claim is held.

s 302 amd 2013 No. 52s 28 (retro); 2015 No. 13s 9 (retro)

303Court may have regard to claimant’s noncompliance with s 275 in relation to costs and interest

If a claimant does not comply with the requirements of section 275 , the court before which the claimant brings a proceeding for damages—
(a)on the application of the insurer, may award in the insurer’s favour costs, including legal and investigation costs, reasonably incurred by the insurer because of the claimant’s default; and
(b)may award interest in the claimant’s favour for a period for which the claimant was in default but only if the court is satisfied that there is a reasonable excuse for the default.

304Court may have regard to compulsory conference

A court may have regard to the compulsory conference between the parties in deciding—
(a)whether the matter of the damages should be referred to an alternative dispute resolution process; or
(b)costs in the proceeding for damages.

Part 8 Civil liability

pt hdg prev pt 8 hdg om 2010 No. 24s 18

pres pt 8 hdg ins 2010 No. 24s 21

Division 1 Interpretation

div hdg ins 2010 No. 24s 21

305Definitions for pt 8

In this part—
duty means any duty giving rise to a claim for damages, including the following—
(a)a duty of care in tort;
(b)a duty of care under contract that is concurrent and coextensive with a duty of care in tort;
(c)another duty under statute or otherwise that is concurrent with a duty of care mentioned in paragraph (a) or (b).
duty of care means a duty to take reasonable care or to exercise reasonable skill (or both duties).

s 305 prev s 305 om 2010 No. 24s 18

pres s 305 ins 2010 No. 24s 21

305AProvisions not to apply to particular injuries

(1)The provisions of this part other than division 4, do not apply in relation to deciding liability for injury if the injury resulting from the breach of duty is or includes—
(a)an injury that is a dust-related condition; or
(b)an injury resulting from smoking or other use of tobacco products or exposure to tobacco smoke.
(2)To remove any doubt, it is declared that a breach of duty mentioned in subsection (1) includes a breach of duty giving rise to a dependency claim.

s 305A ins 2010 No. 24s 21

Division 2 General standard of care

div 2 (ss 305B–305C) ins 2010 No. 24s 21

305BGeneral principles

(1)A person does not breach a duty to take precautions against a risk of injury to a worker unless—
(a)the risk was foreseeable (that is, it is a risk of which the person knew or ought reasonably to have known); and
(b)the risk was not insignificant; and
(c)in the circumstances, a reasonable person in the position of the person would have taken the precautions.
(2)In deciding whether a reasonable person would have taken precautions against a risk of injury, the court is to consider the following (among other relevant things)—
(a)the probability that the injury would occur if care were not taken;
(b)the likely seriousness of the injury;
(c)the burden of taking precautions to avoid the risk of injury.

div 2 (ss 305B–305C) ins 2010 No. 24s 21

305COther principles

In a proceeding relating to liability for a breach of duty—
(a)the burden of taking precautions to avoid a risk of injury includes the burden of taking precautions to avoid similar risks of injury for which the person may be responsible; and
(b)the fact that a risk of injury could have been avoided by doing something in a different way does not of itself give rise to or affect liability for the way in which the thing was done; and
(c)the subsequent taking of action that would (had the action been taken earlier) have avoided a risk of injury does not of itself give rise to or affect liability in relation to the risk and does not of itself constitute an admission of liability in connection with the risk.

div 2 (ss 305B–305C) ins 2010 No. 24s 21

Division 3 Causation

div 3 (ss 305D–305E) ins 2010 No. 24s 21

305DGeneral principles

(1)A decision that a breach of duty caused particular injury comprises the following elements—
(a)the breach of duty was a necessary condition of the occurrence of the injury (factual causation);
(b)it is appropriate for the scope of the liability of the person in breach to extend to the injury so caused (scope of liability).
(2)In deciding in an exceptional case, in accordance with established principles, whether a breach of duty—being a breach of duty that is established but which can not be established as satisfying subsection (1)(a)—should be accepted as satisfying subsection (1)(a), the court is to consider (among other relevant things) whether or not and why responsibility for the injury should be imposed on the party in breach.
(3)If it is relevant to deciding factual causation to decide what the worker who sustained an injury would have done if the person who was in breach of the duty had not been so in breach—
(a)the matter is to be decided subjectively in the light of all relevant circumstances, subject to paragraph (b); and
(b)any statement made by the worker after suffering the injury about what he or she would have done is inadmissible except to the extent (if any) that the statement is against his or her interest.
(4)For the purpose of deciding the scope of liability, the court is to consider (among other relevant things) whether or not and why responsibility for the injury should be imposed on the party who was in breach of the duty.

div 3 (ss 305D–305E) ins 2010 No. 24s 21

305EOnus of proof

In deciding liability for a breach of a duty, the worker always bears the onus of proving, on the balance of probabilities, any fact relevant to the issue of causation.

div 3 (ss 305D–305E) ins 2010 No. 24s 21

Division 4 Contributory negligence

div hdg ins 2010 No. 24s 21

305FStandard of care in relation to contributory negligence

(1)The principles that are applicable in deciding whether a person has breached a duty also apply in deciding whether the worker who sustained an injury has been guilty of contributory negligence in failing to take precautions against the risk of that injury.
(2)For that purpose—
(a)the standard of care required of the person who sustained an injury is that of a reasonable person in the position of that person; and
(b)the matter is to be decided on the basis of what that person knew or ought reasonably to have known at the time.

s 305F ins 2010 No. 24s 21

305GContributory negligence can defeat claim

In deciding the extent of a reduction in damages by reason of contributory negligence, a court may decide a reduction of 100% if the court considers it just and equitable to do so, with the result that the claim for damages is defeated.

s 305G ins 2010 No. 24s 21

305HContributory negligence

(1)A court may make a finding of contributory negligence if the worker relevantly—
(a)failed to comply, so far as was practicable, with instructions given by the worker’s employer for the health and safety of the worker or other persons; or
(b)failed at the material time to use, so far as was practicable, protective clothing and equipment provided, or provided for, by the worker’s employer, in a way in which the worker had been properly instructed to use them; or
(c)failed at the material time to use, so far as was practicable, anything provided that was designed to reduce the worker’s exposure to risk of injury; or
(d)inappropriately interfered with or misused something provided that was designed to reduce the worker’s exposure to risk of injury; or
(e)was adversely affected by the intentional consumption of a substance that induces impairment; or
(f)undertook an activity involving obvious risk or failed, at the material time, so far as was practicable, to take account of obvious risk; or
(g)failed, without reasonable excuse, to attend safety training organised by the worker’s employer that was conducted during normal working hours at which the information given would probably have enabled the worker to avoid, or minimise the effects of, the event resulting in the worker’s injury.
(2)Subsection (1) does not limit the discretion of a court to make a finding of contributory negligence in any other circumstances.
(3)Without limiting subsection (2), subsection (1)(f) does not limit the discretion of a court to make a finding of contributory negligence if the worker—
(a)undertook an activity involving risk that was less than obvious; or
(b)failed, at the material time, so far as was practicable, to take account of risk that was less than obvious.

s 305H (prev s 307) amd 2010 No. 24s 22(1)–(3)

renum and reloc 2010 No. 24s 22(4)

305IMeaning of obvious risk for s 305H

(1)For section 305H , an obvious risk to a worker who sustains an injury is a risk that, in the circumstances, would have been obvious to a reasonable person in the position of the worker.
(2)Obvious risks include risks that are patent or a matter of common knowledge.
(3)A risk of something occurring can be an obvious risk even though it has a low probability of occurring.
(4)A risk can be an obvious risk even if the risk (or a condition or circumstance that gives rise to the risk) is not prominent, conspicuous or physically observable.
(5)To remove any doubt, it is declared that a risk from a thing, including a living thing, is not an obvious risk if the risk is created because of a failure on the part of a person to properly operate, maintain, replace, prepare or care for the thing, unless the failure itself is an obvious risk.

s 305I ins 2010 No. 24s 21

305JPresumption of contributory negligence if person who suffers injury is intoxicated

(1)This section applies if a worker who sustained an injury was intoxicated at the time of the breach of duty giving rise to a claim for damages and contributory negligence is alleged against the worker.
(2)Contributory negligence will, subject to this section, be presumed.
(3)The worker may only rebut the presumption by establishing on the balance of probabilities—
(a)that the intoxication did not contribute to the breach of duty; or
(b)that the intoxication was not self-induced.
(4)Unless the worker rebuts the presumption of contributory negligence, the court must assess damages on the basis that the damages to which the worker would be entitled in the absence of contributory negligence are to be reduced, on account of contributory negligence, by 25% or a greater percentage decided by the court to be appropriate in the circumstances of the case.
(5)If, in the case of a motor vehicle accident, the worker who sustained an injury was the driver of a motor vehicle involved in the accident and the evidence establishes—
(a)that the concentration of alcohol in the worker’s blood was 150mg or more of alcohol in 100mL of blood; or
(b)that the worker was so much under the influence of alcohol or a drug as to be incapable of exercising effective control of the vehicle;

the minimum reduction prescribed by subsection (4) is increased to 50%.

s 305J ins 2010 No. 24s 21

305K Application of contributory negligence for particular injuries

Despite any other provision of this division, treatment, care and support damages awarded to a worker who is entitled to compensation under chapter 4A for the injury can not be reduced for the worker’s contributory negligence.

s 305K ins 2016 No. 44s 36

Part 9 Assessment of damages

pt hdg prev pt 9 hdg om 2010 No. 24s 19

pres pt 9 hdg ins 2010 No. 24s 21

Division 1 Interpretation

div hdg ins 2010 No. 24s 21

306Definitions for pt 9

In this part—
future loss means all or any of the following—
(a)future economic loss;
(b)future general expenses;
(c)future medical expenses.
general damages means damages for all or any of the following—
(a)pain and suffering;
(b)loss of amenities of life;
(c)loss of expectation of life;
(d)disfigurement.
loss of earnings means—
(a)past economic loss due to loss of earnings or the deprivation or impairment of earning capacity; and
(b)future economic loss due to loss of prospective earnings or the deprivation or impairment of prospective earning capacity.

s 306 prev s 306 om 2010 No. 24s 20

pres s 306 ins 2010 No. 24s 21

306AProvisions not to apply to particular injuries

(1)The provisions of this part other than division 2, division 3, subdivision 1 and division 4 do not apply in relation to deciding awards of damages for injury if the injury resulting from the breach of duty is or includes—
(a)an injury that is a dust-related condition; or
(b)an injury resulting from smoking or other use of tobacco products or exposure to tobacco smoke.
(2)To remove any doubt, it is declared that a breach of duty mentioned in subsection (1) includes a breach of duty giving rise to a dependency claim.

s 306A ins 2010 No. 24s 21

Division 2 Exemplary damages

div hdg (prev pt 11 hdg) amd 2010 No. 24s 24(1)

reloc 2010 No. 24s 24(3)

306BExemplary damages

(1)A court can not award exemplary or punitive damages against WorkCover in a claimant’s proceeding for damages.
(2)However, the court may give a separate judgment against an employer for the payment of exemplary or punitive damages if the court considers that the employer’s conduct is so reprehensible that an award of exemplary or punitive damages is justified.
(3)WorkCover can not indemnify an employer against an award of exemplary or punitive damages.

s 306B (prev s 309) renum and reloc 2010 No. 24s 24(2)–(3)

Division 3 Assessment of damages

div hdg ins 2010 No. 24s 21

Subdivision 1 No right to damages for particular services

sdiv hdg (prev pt 10 hdg) sub 2004 No. 45s 57

amd 2010 No. 24s 23(1)

reloc 2010 No. 24s 23(7)

306CApplication of sdiv 1

This subdivision sets out the principles a court must apply in awarding damages for services that are provided, or are to be provided, to a worker by another person after the worker sustains an injury.

s 306C (prev s 308) sub 2004 No. 45s 57

amd 2010 No. 24s 23(2)–(3)

renum and reloc 2010 No. 24s 23(6)–(7)

306DDefinitions for sdiv 1

In this subdivision—
gratuitous services means services, other than paid services, that are provided to a worker by a member of the worker’s family or household, or by a friend of the worker.
paid services means services that are provided to a worker at commercial rates by another person in the person’s professional capacity or in the course of the person’s business.
services means services of a domestic, nursing or caring nature.

Examples of services—

assisting with personal hygiene needs
changing bandages
cleaning
cooking
dressing wounds
gardening
housekeeping
mowing the lawn

s 306D (prev s 308A) ins 2004 No. 45s 57

amd 2010 No. 24s 23(4)–(5)

renum and reloc 2010 No. 24s 23(6)–(7)

306EPaid services provided to worker before injury

(1)This section applies if—
(a)before the worker sustained the injury, the worker was usually provided with particular services that were paid services; and
(b)after the worker sustains the injury—
(i)the worker is, or is to be, provided with paid services that are substantially of the same kind; or
(ii)the worker is, or is to be, provided with gratuitous services that are substantially of the same kind.
(2)A court can not award damages for the cost or value of the services that have been provided to the worker after the worker sustained the injury or that are to be provided to the worker in the future.

s 306E (prev s 308B) ins 2004 No. 45s 57

renum and reloc 2010 No. 24s 23(6)–(7)

306FWorker performed services before injury

(1)This section applies if—
(a)before the worker sustained the injury, the worker usually performed particular services; and
(b)after the worker sustained the injury, the worker is provided with services of substantially the same type (the provided services); and
(c)all or part of the provided services are gratuitous services.
(2)A court can not award damages for the cost or value of—
(a)the part of the services that are gratuitous services; or
(b)services of substantially the same type as the gratuitous services that are to be provided to the worker in the future as either gratuitous services or paid services.
(3)However, this section does not apply if the court is satisfied that the services mentioned in subsection (2)(a)—
(a)were usually provided to the worker as paid services; and
(b)were provided as gratuitous services only in exceptional circumstances.

Example of exceptional circumstances for paragraph (b)—

During a 2-year period, paid services were provided to the worker on a weekly basis. However, the provider of the services was on holidays, or otherwise unable to provide the services, on 2 occasions. On those 2 occasions the services were provided as gratuitous services.

s 306F (prev s 308C) ins 2004 No. 45s 57

renum and reloc 2010 No. 24s 23(6)–(7)

sub 2013 No. 52s 79

306GGratuitous services provided to worker before injury

(1)This section applies if—
(a)before the worker sustained the injury, the worker was usually provided with particular services that were gratuitous services; and
(b)after the worker sustains the injury—
(i)the worker is, or is to be, provided with paid services of substantially the same type; or
(ii)the worker is, or is to be, provided with gratuitous services of substantially the same type.
(2)A court can not award damages for the cost or value of the services that have been provided to the worker after the worker sustained the injury or that are to be provided to the worker in the future.

s 306G (prev s 308D) ins 2004 No. 45s 57

renum and reloc 2010 No. 24s 23(6)–(7)

306HServices not required by or provided to worker before injury

(1)This section applies if—
(a)before the worker sustained the injury, the worker usually did not require or was not usually provided with particular services; and
(b)after the worker sustains the injury, the worker is provided with services (the provided services); and
(c)all or part of the provided services are gratuitous services.
(2)A court can not award damages for the cost or value of—
(a)the part of the provided services that are gratuitous services; or
(b)services of substantially the same type as the gratuitous services that are to be provided to the worker in the future as either gratuitous services or paid services.
(3)However, this section does not apply if the court is satisfied that the services mentioned in subsection (2)(a) were provided as gratuitous services only in exceptional circumstances.

Example of exceptional circumstances for subsection (3)—

During a 2-year period after the worker sustains the injury, the provided services were provided on a weekly basis. However, the provider of the services was on holidays, or otherwise unable to provide the services, on 2 occasions. On those 2 occasions the services were provided as gratuitous services.

s 306H (prev s 308E) ins 2004 No. 45s 57

renum and reloc 2010 No. 24s 23(6)–(7)

sub 2013 No. 52s 80

Subdivision 2 Other provisions

sdiv hdg ins 2010 No. 24s 21

306IDamages for loss of earnings

(1)In making an award of damages for loss of earnings, including in a dependency claim, the maximum award a court may make is for an amount equal to the limit fixed by subsection (2).
(2)The limit is an amount equal to the present value of 3 times QOTE per week for each week of the period of loss of earnings.
(3)In this section—
present value means the value when the award is made.

s 306I ins 2010 No. 24s 21

306JWhen earnings can not be precisely calculated

(1)This section applies if a court is considering making an award of damages for loss of earnings that are unable to be precisely calculated by reference to a defined weekly loss.
(2)The court may only award damages if it is satisfied that the worker has suffered or will suffer loss having regard to the person’s age, work history, actual loss of earnings, any permanent impairment and any other relevant matters.
(3)If the court awards damages, the court must state the assumptions on which the award is based and the methodology it used to arrive at the award.
(4)The limitation mentioned in section 306I (2) applies to an award of damages under this section.

s 306J ins 2010 No. 24s 21

306LDiscount rate to be applied in calculating the present value of future loss

(1)This section applies if—
(a)a person is to be compensated for future loss; and
(b)an actuarial multiplier is to be used to calculate the present value of future loss.
(2)A discount rate of 5% is to be applied in deciding the actuarial multiplier.

s 306L ins 2010 No. 24s 21

306MDamages for loss of consortium or loss of servitium

(1)A court must not award damages for loss of consortium or loss of servitium unless—
(a)the injured worker died as a result of injuries sustained; or
(b)general damages for the injured worker are assessed (before allowing for contributory negligence) at the amount prescribed under a regulation for this provision, or more.

Note—

Under section 306V , the Minister must make a recommendation about the amount to be prescribed.
(2)The court must not assess damages for loss of servitium above the limit fixed by subsection (3).
(3)The limit is 3 times QOTE per week.
(4)Section 10 (3) does not apply to the reference to damages in subsection (1).

s 306M ins 2010 No. 24s 21

306NInterest

(1)A court can not order the payment of interest on an award for general damages.
(2)Interest awarded on damages compensating past monetary loss—
(a)must not be more than interest at the appropriate rate; and
(b)must be related in an appropriate way to the period over which the loss was incurred.
(3)The appropriate rate is the rate for 10 year Treasury bonds published by the Reserve Bank of Australia under ‘Interest rates and yields—capital market’ as at the beginning of the quarter in which the award of interest is made.

Example of calculation of interest for this section—

Suppose that past monetary loss consists of medical expenses that have been incurred at a uniform rate over a particular period. The interest to be awarded would be calculated under the following formula—

A = am/100 x p x 0.5

where—

A is the amount of the award of interest.

a is a percentage rate decided by the court subject to the limit fixed in subsection (2).

m is the aggregate of the medical expenses.

p is the period over which the medical expenses have been incurred (expressed in years).

s 306N ins 2010 No. 24s 21

306OAssessment by court of injury scale

(1)If general damages are to be awarded by a court in relation to an injury, the court must assess an injury scale value as follows—
(a)the worker’s total general damages must be assigned a numerical value (injury scale value) on a scale running from 0 to 100;
(b)the scale reflects 100 equal gradations of general damages, from a case in which an injury is not severe enough to justify any award of general damages to a case in which an injury is of the gravest conceivable kind;
(c)in assessing the injury scale value, the court must—
(i)assess the injury scale value under any rules provided under a regulation; and
(ii)have regard to the injury scale values given to similar injuries in previous proceedings.
(2)If a court assesses an injury scale value for a particular injury to be more or less than any injury scale value prescribed for or attributed to similar particular injuries under subsection (1)(c), the court must state the factors on which the assessment is based that justify the assessed injury scale value.

s 306O ins 2010 No. 24s 21

306PCalculation of general damages

(1)For an injury, general damages must be calculated by reference to the general damages calculation provisions applying to the period within which the injury was sustained.
(2)In this section—
general damages calculation provisions, applying to a period, means the provisions prescribed for the period under a regulation.

s 306P ins 2010 No. 24s 21

Division 4 Structured settlements

div 4 (ss 306Q–306U) ins 2010 No. 24s 21

306QDefinition for div 4

In this division—
structured settlement means an agreement providing for the payment of all or part of an award of damages in the form of periodic payments funded by an annuity or other agreed means.

div 4 (ss 306Q–306U) ins 2010 No. 24s 21

306RCourt required to inform parties of proposed award

(1)The purpose of this section is to enable the court to give the parties to a proceeding a reasonable opportunity to negotiate a structured settlement.
(2)A court that decides to make an award for future loss (not including interest) of more than the amount prescribed under a regulation for this section must first notify all the parties to the proceeding of the terms of the award it proposes to make.

Note—

Under section 306V , the Minister must make a recommendation about the amount to be prescribed.

div 4 (ss 306Q–306U) ins 2010 No. 24s 21

306SCourt may make consent order for structured settlement

A court may, on the application of the parties to a claim for damages, make an order approving of or in the terms of a structured settlement even though the payment of damages is not in the form of a lump sum award of damages.

div 4 (ss 306Q–306U) ins 2010 No. 24s 21

306TObligation of legal practitioners to provide advice

A lawyer engaged by the worker must advise the worker, in writing, about the following if the worker proposes to negotiate a settlement of a claim for damages—
(a)the availability of structured settlements;
(b)the desirability of the worker obtaining independent financial advice about structured settlements and lump sum settlements of the claim.

div 4 (ss 306Q–306U) ins 2010 No. 24s 21

306UOffer of structured settlement—legal costs

(1)The Uniform Civil Procedure Rules 1999 , chapter 9, part 5 extends to an offer of compromise by way of a structured settlement on a claim for damages.
(2)In that case, the court is to have regard to the cost to the defendant of the proposed structured settlement as compared to the lump sum payment of damages when deciding whether a reasonable offer of compromise has been made.

div 4 (ss 306Q–306U) ins 2010 No. 24s 21

Division 5 Indexation provisions

div hdg ins 2010 No. 24s 21

306VIndexation of particular amounts

(1)The Minister must, on or before 1 July 2011 and on or before 1 July in each succeeding year, recommend to the Governor in Council the amounts that are to be prescribed under a regulation for or under the following provisions—
(a)section 306M ;
(b)section 306P , definition general damages calculation provisions;
(c)section 306R .
(2)The amount recommended for or under the provision is to be the amount last prescribed under a regulation for or under the provision adjusted by the percentage change in QOTE over the 12 months preceding the date of the recommendation and rounded to the nearest ten dollar.
(3)However, if the percentage change in QOTE over the 12 months preceding the date of the recommendation would reduce the amount prescribed for or under the provision or result in no change to the amount, the Minister need not make a recommendation.
(4)If the percentage change in QOTE mentioned in subsection (2) is not available from the Australian Statistician, the Minister must advise the Governor in Council accordingly.
(5)If the Minister advises the Governor in Council of the unavailability of the percentage change under subsection (4), the amount prescribed for or under the provision is the amount decided by the Governor in Council.
(6)A regulation notified after 1 July in a year and specifying a date that is before the date it is notified as the date from which the amount prescribed for the provision is to apply has effect from the specified date.
(7)Subsection (6) applies despite the Statutory Instruments Act 1992 , section 32 .
(8)This section does not limit the power of the Governor in Council to amend the amount prescribed under a regulation for a limit.
(9)In this section—
QOTE, for a financial year, means the amount mentioned in section 107 (1)(a) for the financial year.

s 306V ins 2010 No. 24s 21

amd 2013 No. 39s 110(2)sch 3 pt 2; 2013 No. 52s 81; 2016 No. 44s 37

Part 12 Costs

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

div hdg sub 2005 No. 50s 3 sch

amd 2013 No. 52s 29 (retro)

310Application of div 1

This division applies only if the claimant is—
(a)a worker who does not have a terminal condition, if the worker’s DPI is 20% or more; or
(b)a worker who has a terminal condition; or
(c)a dependant.

s 310 sub 2005 No. 50s 36

amd 2013 No. 52s 30 (retro)

311Principles about orders as to costs

If a court dismisses the claim, makes no award of damages or makes an award of damages in the claimant’s proceeding for damages, it must apply the principles set out in sections 312 to 314 .

s 311 amd 2010 No. 24s 25

312Costs if written final offer by claimant

(1)This section applies if—
(a)the claimant makes a written final offer that is not accepted by the insurer; and
(b)the court later awards an amount of damages to the claimant that is equal to or more than the written final offer; and
(c)the court is satisfied that the claimant was at all material times willing and able to carry out what was proposed in the written final offer.
(2)The court must order the insurer to pay the claimant’s costs, calculated on the indemnity basis.

s 312 amd 2010 No. 24s 26

313Costs if written final offer by insurer

(1)This section applies if—
(a)the insurer makes a written final offer that is not accepted by the claimant; and
(b)the claim is dismissed, the court makes no award of damages or makes an award of damages that is equal to or less than the insurer’s written final offer; and
(c)the court is satisfied that the insurer was at all material times willing and able to carry out what was proposed in the written final offer.
(2)The court must—
(a)order the insurer to pay the claimant’s costs, calculated on the standard basis, up to and including the day of service of the written final offer; and
(b)order the claimant to pay the insurer’s costs, calculated on the standard basis, after the day of service of the written final offer.

s 313 amd 2004 No. 45s 58; 2010 No. 24s 27

314Interest after service of written final offer

(1)This section applies if the court gives judgment for the claimant for the recovery of a debt or damages and—
(a)the judgment includes interest or damages in the nature of interest; or
(b)under an Act, the court awards the claimant interest or damages in the nature of interest.
(2)For giving judgment for costs under section 312 or 313 , the court must disregard the interest or damages in the nature of interest relating to the period after the day the written final offer is given.

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

div hdg sub 2013 No. 52s 31 (retro)

315Application of div 2

This division applies if the claimant is a worker who does not have a terminal condition and has a DPI of less than 20%.

s 315 sub 2013 No. 52s 31 (retro)

316Principles about orders as to costs

(1)No order about costs, other than an order allowed under this section, is to be made by the court in the claimant’s proceeding.
(2)If a claimant or an insurer makes a written final offer of settlement that is refused, the court must, in the following circumstances, make the order about costs provided for—
(a)if the court later awards an amount of damages to the worker that is equal to or more than the worker’s written final offer—an order that the insurer pay the worker’s costs on the standard basis from the day of the written final offer;
(b)if the court later dismisses the worker’s claim, makes no award of damages or awards an amount of damages that is equal to or less than the insurer’s written final offer—an order that the worker pay the insurer’s costs on the standard basis from the day of the final offer.
(3)If an award of damages is less than the claimant’s written final offer but more than the insurer’s written final offer, each party bears the party’s own costs.

s 316 amd 2004 No. 45s 59; 2010 No. 24s 28

Division 2A Costs when offers made for a contribution claim

div 2A (s 316A) ins 2010 No. 24s 29

316APrinciples about order as to costs

(1)This section applies to the extent proceedings in a court relate to a contribution claim.
(2)Subsections (3) to (5) apply if the contributor or other party (including an insurer) made an offer that was not accepted.
(3)If the court later awards an amount of contribution that is equal to or more than the other party’s written final offer, the court must order the contributor to pay the other party’s costs on the indemnity basis from the day the written final offer was made.
(4)If the court later—
(a)dismisses the contribution claim; or
(b)makes no award for the contribution; or
(c)makes an award of contribution of an amount that is equal to or less than the contributor’s written final offer;

the court must order the other party to pay the contributor’s costs on the standard basis from the day the written final offer was made.

(5)If an award of contribution is less than the other party’s written final offer but more than the contributor’s written final offer, each party bears the party’s own costs.
(6)This section applies to a written final offer whether or not it is made as a separate offer or as part of a joint or consolidated offer.
(7)In this section—
written final offer means a written final offer under section 292 .

div 2A (s 316A) ins 2010 No. 24s 29

Division 3 Costs generally

317[Repealed]

s 317 om 2010 No. 24s 30

318Costs if proceeding could have been brought in a lower court

(1)If the amount of damages a court awards could have been awarded in a lower court, the court must order any costs in favour of the claimant under the scale of costs applying in the lower court.
(2)This section applies to all claimants.

s 318 amd 2010 No. 24s 31

318AGeneral application of costs provisions in part

(1)A court may make no order about costs to which division 1, 2 or 2A applies except the orders for costs provided for in the division.
(2)Subsection (1) applies subject to this division.

s 318A ins 2010 No. 24s 32

318BCourt may make an alternative order in particular circumstances

(1)Subsection (2) applies to an order for costs a court is required to make under the following sections (a prescribed order)—
(a)section 312 (2);
(b)section 313 (2);
(c)section 316A (3) or (4).
(2)The court may make an order for costs other than the prescribed order if the party ordered to pay costs shows the other order is appropriate in the circumstances.
(3)Subsection (4) applies if an award of damages is affected by factors that were not reasonably foreseeable by a party at the time of making or failing to accept a written final offer.
(4)The court may, if satisfied that it is just to do so, make an order for costs under divisions 1, 2 or 2A as if the reference to a written final offer or a failure to accept a written final offer were a reference to a later offer made, or a failure to accept a later offer made, in the light of the factors that became apparent after the parties completed the exchange of written final offers.

Example—

A claimant’s medical condition suddenly and unexpectedly deteriorates after the date of the written final offers and the court makes a much higher award of damages than would have been reasonably expected at that time. In that case, the court may ignore the written final offers and award costs on the basis of later offers of settlement.

s 318B ins 2010 No. 24s 32

318CCosts order under div 2 for an interlocutory application

An order about costs for an interlocutory application may be made under division 2 only if the court is satisfied that the application has been brought because of unreasonable delay by 1 of the parties.

s 318C ins 2010 No. 24s 32

318DOrder for costs if more than 1 person liable for the same costs

If more than 1 party in a proceeding for damages has a liability to pay the same costs under this part, or under this part and another law about costs, the court may apportion the costs payable by each party according to the proportion of liability of the parties and the justice of the case.

s 318D ins 2010 No. 24s 32

318EOrder for costs if an entity was not a party at the compulsory conference

If an entity other than a defendant that participated in a compulsory conference is joined as a defendant in a proceeding for damages, the court may make an order about costs in favour of, or against, the entity according to the proportion of liability of the defendants and the justice of the case.

s 318E ins 2010 No. 24s 32

amd 2017 No. 27s 41sch 1

Part 13 Excess damages awarded in another jurisdiction

319Application of pt 13

This part applies if—
(a)a person is entitled to seek as a claimant damages for an injury sustained by a worker in a court of the State, other than under the Jurisdiction of Courts (Cross-vesting) Act 1987 ; and
(b)damages for the injury are awarded by a court that is not a court of the State; and
(c)the court that awards the damages does not do so subject to this chapter; and
(d)the amount of the damages awarded to a claimant is more than the amount that would have been awarded subject to this chapter in a proceeding before a court of the State; and
(e)an insurer would be liable to pay all the damages if section 320 did not apply.

320No liability for excess damages

The insurer is not liable for the difference between the amount of damages awarded to the claimant and the amount of damages that would have been awarded in a proceeding before a court of the State.

Chapter 6 Choice of law for damages

Part 1 Application of chapter 6

321Claims to which chapter applies

(1)This chapter applies only to a claim for damages against a worker’s employer in relation to an injury that was caused by—
(a)the negligence or other tort (including breach of statutory duty) of the worker’s employer; or
(b)a breach of contract by the worker’s employer.
(2)Subsection (1)(a) applies even if damages resulting from the negligence or other tort are claimed in an action for breach of contract or other action.

Part 2 Interpretation

322Meaning of substantive law

(1)In this chapter, substantive law includes—
(a)a law that establishes, modifies, or extinguishes a cause of action or a defence to a cause of action; and
(b)a law prescribing the time within which an action must be brought (including a law providing for the extension or abridgement of that time); and
(c)a law that provides for the limitation or exclusion of liability or the barring of a right of action if a proceeding on, or arbitration of, a claim is not commenced within a particular time limit; and
(d)a law that limits the kinds of injury, loss or damage for which damages or compensation may be recovered; and
(e)a law that precludes the recovery of damages or compensation or limits the amount of damages or compensation that can be recovered; and
(f)a law expressed as a presumption, or rule of evidence, that affects substantive rights; and
(g)a provision of a State’s legislation about damages for a work related injury, whether or not it would be otherwise regarded as procedural in nature;

but does not include a law prescribing rules for choice of law.

(2)In this section—
a State’s legislation about damages for a work related injury means—
(a)for Queensland—chapter 5 and any other provision of this Act providing for the interpretation of anything in chapter 5; or
(b)otherwise—any provisions of a law of a State that are declared under a regulation to be the State’s legislation about damages for work related injury.

s 322 amd 2010 No. 24s 3 sch

323What constitutes injury and employment and who is employer

For this chapter—
(a)injury and employer include anything that is within the scope of a corresponding term in the statutory workers’ compensation scheme of another State; and
(b)the determination of what constitutes employment or whether or not a person is the worker’s employer is to be made on the basis that those concepts include anything that is within the scope of a corresponding concept in the statutory workers’ compensation scheme of another State.

Part 3 Substantive law that governs claim

324The applicable substantive law for work injury claims

(1)If compensation is payable (whether or not it has been paid) under the statutory workers’ compensation scheme of a State in relation to an injury to a worker, the substantive law of that State is the substantive law that governs—
(a)whether or not a claim for damages in relation to the injury can be made; and
(b)if it can be made, the determination of the claim.
(2)For the purposes of this section, compensation is considered to be payable under a statutory workers’ compensation scheme of a State in relation to an injury if compensation in relation to it—
(a)would have been payable apart from a provision of the scheme that excludes the worker’s right to compensation because the injury is attributable to any conduct or failure of the worker that is specified in that provision; or
(b)would have been payable if a claim for that compensation had been properly made, and (if applicable) an election to claim that compensation (instead of damages) had been properly made.

325Availability of action in another State not relevant

(1)It makes no difference for the purposes of this chapter that, under the substantive law of another State—
(a)it is the nature of the circumstances that they would not have given rise to a cause of action had they occurred in that State; or
(b)the circumstances on which the claim is based do not give rise to a cause of action.
(2)In this section—
another State means a State other than the State with which the injury is connected.

Chapter 6A Medical examinations for former coal workers

ch hdg ins 2017 No. 27s 28

325A Application of chapter

This chapter applies to a person (a former coal worker) who—
(a)was a worker employed in an industry that involved mining, loading, transporting or otherwise dealing with coal; and
(b)permanently stopped working in the industry before 1 January 2017.

s 325A ins 2017 No. 27s 28

325B Applications for lung disease examinations

(1)The former coal worker may apply (an examination application) to the insurer for approval to undergo a lung disease examination.
(2)The application must—
(a)be in the approved form; and
(b)include information that shows the former coal worker was exposed to coal dust at the worker’s place of employment for a period, whether or not continuous, of at least 6 months; and
(c)be accompanied by a medical certificate signed by a doctor stating that the former coal worker suspects that the worker may have sustained an injury that is a coal mine dust lung disease.
(3)However, an application may not be made under this section—
(a)on or after 1 January 2022; or
(b)if the former coal worker has previously made an application under this section that was approved.

s 325B ins 2017 No. 27s 28

325C Deciding examination applications

(1)Within 20 business days after receiving an examination application, the insurer must—
(a)approve or refuse the application; and
(b)give the applicant written notice of the decision.
(2)The insurer must approve the examination application unless satisfied—
(a)the applicant was not exposed to coal dust at the applicant’s place of employment for a period, whether or not continuous, of at least 6 months; or
(b)the applicant was exposed to coal dust at the applicant’s place of employment for a period, whether or not continuous, of at least 6 months, but the exposure did not happen in Queensland.
(3)If the insurer refuses the examination application, the notice mentioned in subsection (1)(b) must—
(a)state the reasons for the decision; and
(b)include or be accompanied by information about the rights of review under this Act for the decision.

s 325C ins 2017 No. 27s 28

325D Insurer must arrange and pay for lung disease examinations

(1)If an examination application is approved, the insurer must—
(a)arrange for a lung disease examination of the applicant to be carried out by a doctor who is qualified and competent to carry out the examination; and
(b)within 10 business days after the approval is given, give the applicant a written notice stating—
(i)the day, time and place the lung disease examination will be carried out; and
(ii)the name of the doctor; and
(c)pay for—
(i)the lung disease examination; and
(ii)the preparation of an examination report by the doctor; and
(iii)the giving of a copy and explanation of the examination report to the applicant; and
(iv)any travel costs, that the insurer considers are necessary and reasonable, incurred by the applicant in attending the lung disease examination.
(2)In this section—
examination report means a report about a lung disease examination that states whether or not the applicant is diagnosed as having a coal mine dust lung disease.

s 325D ins 2017 No. 27s 28

Chapter 7 The Workers’ Compensation Regulator

ch hdg sub 2013 No. 52s 82

Part 1 Office and appointment

pt hdg sub 2013 No. 52s 82

326Establishment of office and appointment of Regulator

(1)The office of the Workers’ Compensation Regulator is established.
(2)The Governor in Council may appoint a public service officer as the Workers’ Compensation Regulator (the Regulator).
(3)The Regulator is appointed under the Public Service Act 2008 and may hold that appointment in conjunction with his or her other public service office.
(4)The Regulator must act independently when making a decision under this Act but otherwise is subject to direction in the person’s capacity as a public service officer or an officer of the department.

s 326 sub 2013 No. 52s 82

Part 2 Functions and powers

pt hdg sub 2013 No. 52s 82

327Functions of the Regulator

(1)The Regulator has the following functions—
(a)to regulate the workers’ compensation scheme;
(b)to monitor the compliance of insurers with this Act;
(c)to monitor the performance of insurers under this Act, including the consistent application of this Act;
(d)to decide applications relating to self-insurance;
(e)to approve amounts payable under an industrial instrument for the purposes of section 107B ;
(f)to undertake reviews of decisions under chapter 13, part 2 and manage appeals under chapter 13, part 3;
(g)to support and oversee the efficient administration of medical assessment tribunals;
(h)to undertake workplace rehabilitation and return to work accreditation activities;
(i)to provide rehabilitation advisory services;
(j)to maintain a database for scheme-wide reporting;
(k)to promote education about the workers’ compensation scheme;
(l)to collect fees under the Act ;
(m)to administer grants under the Act ;
(n)to conduct and defend proceedings under this Act before a court or tribunal;
(o)to perform other functions given to the Regulator under this or another Act.
(2)To remove any doubt, it is declared that proceedings mentioned in subsection (1)(n) may be taken by or against the Regulator in the name ‘the Workers’ Compensation Regulator’.

s 327 sub 2013 No. 52s 82

amd 2015 No. 13s 27

328Powers of the Regulator

(1)Subject to this Act, the Regulator has the power to do all things necessary or convenient to be done for or in connection with the performance of the Regulator’s functions.
(2)Without limiting subsection (1), the Regulator has all the powers and functions that an authorised person has under this Act.

s 328 sub 2013 No. 52s 82

329Delegation by the Regulator

The Regulator may delegate a function or power under this Act to an appropriately qualified—
(a)public service employee; or
(b)authorised person; or
(c)person, or a person of a class, prescribed under a regulation.

s 329 sub 2013 No. 52s 82

Part 3 Authorised persons

pt hdg sub 2013 No. 52s 82

Division 1 Appointment of authorised persons

div hdg ins 2013 No. 52s 82

330Appointment of authorised persons

(1)The Regulator may, by instrument, appoint any of the following as an authorised person for the Regulator—
(a)a public service employee;
(b)the holder of a statutory office;
(c)a person of a class prescribed under a regulation.
(2)The following are taken to be authorised persons appointed by the Regulator—
(a)a person appointed as an inspector under the Industrial Relations Act 2016 , but only for the purposes of chapter 4, part 6, while that person holds the appointment;
(b)a person appointed as an inspector under the Work Health and Safety Act 2011 , while that person holds the appointment.

s 330 amd 2004 No. 45s 60; 2007 No. 52s 25

sub 2013 No. 52s 82

amd 2016 No. 63s 1157sch 6

331Accountability of authorised persons

(1)An authorised person must give written notice to the Regulator of all interests, pecuniary or otherwise, that the authorised person has, or acquires, and that conflict or could conflict with the proper performance of the authorised person’s functions.
(2)The Regulator must give a direction to an authorised person not to deal, or to no longer deal, with a matter if the Regulator becomes aware that the authorised person has a potential conflict of interest in relation to a matter and the Regulator considers that the authorised person should not deal, or should no longer deal, with the matter.

Note—

Failure to comply with subsection (1) or a direction under subsection (2) may result in action by the Regulator under section 332 or disciplinary action under the Public Service Act 2008 .

s 331 sub 2013 No. 52s 82

332Suspension and ending of appointment of authorised persons

(1)The Regulator may suspend or end the appointment of a person appointed under section 330 (1).
(2)A person’s appointment as an authorised person ends when the person ceases to be eligible for appointment as an authorised person.

s 332 sub 2013 No. 52s 82

Division 2 Identity cards

div hdg ins 2013 No. 52s 82

333Identity cards

(1)The Regulator must issue an identity card to each authorised person.
(2)The card must—
(a)contain a recent photo of the authorised person; and
(b)contain a copy of the authorised person’s signature; and
(c)identify the person as an authorised person under this Act; and
(d)state an expiry date for the card.
(3)This section does not prevent the issue of a single identity card to a person for this Act and other purposes.

s 333 sub 2013 No. 52s 82

334Production or display of identity card

(1)In exercising a power under this Act in relation to a person in the person’s presence, an authorised person must—
(a)produce the authorised person’s identity card for the person’s inspection before exercising the power; or
(b)have the identity card displayed so it is clearly visible to the person when exercising the power.
(2)However, if it is not practicable to comply with subsection (1), the authorised person must produce the identity card for the person’s inspection at the first reasonable opportunity.

s 334 sub 2013 No. 52s 82

335Return of identity card

If a person to whom an identity card has been issued ceases to be an authorised person, the person must return the identity card to the Regulator as soon as practicable.

Maximum penalty—40 penalty units.

s 335 sub 2013 No. 52s 82

Division 3 Functions of authorised persons etc.

div hdg ins 2013 No. 52s 82

336Functions of authorised persons

An authorised person has the following functions under this Act—
(a)to provide to the Regulator information and advice about compliance with this Act;
(b)to require compliance with this Act through the issuing of notices;
(c)to investigate contraventions of this Act and assist in the prosecution of offences against this Act.

s 336 sub 2013 No. 52s 82

337Conditions on authorised persons’ compliance powers

An authorised person’s powers under this Act are subject to any conditions stated in the instrument of the authorised person’s appointment.

s 337 amd 2007 No. 20s 118

sub 2013 No. 52s 82

338Authorised persons subject to Regulator’s directions

(1)An authorised person is subject to the Regulator’s direction in the exercise of powers under this Act.
(2)A direction under subsection (1) may be of a general nature or may relate to a stated matter or stated class of matter.
(3)Without limiting subsection (1), the Regulator must issue directions to authorised persons to ensure powers are exercised under this Act in a way that minimises any adverse effect on the privacy, confidentiality and security of persons and businesses.

s 338 amd 2010 No. 24s 3 sch

sub 2013 No. 52s 82

339Protection from liability

(1)An authorised person does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.
(2)If subsection (1) prevents a civil liability attaching to an authorised person, the liability attaches instead to the State.

s 339 sub 2013 No. 52s 82

Part 4 [Repealed]

pt hdg om 2013 No. 52s 82

Division 1 [Repealed]

(Repealed)

div hdg om 2013 No. 52s 82

Division 2 [Repealed]

div 2 (ss 340–349) om 2013 No. 52s 82

340[Repealed]

div 2 (ss 340–349) om 2013 No. 52s 82

341[Repealed]

div 2 (ss 340–349) om 2013 No. 52s 82

342[Repealed]

div 2 (ss 340–349) om 2013 No. 52s 82

343[Repealed]

div 2 (ss 340–349) om 2013 No. 52s 82

344[Repealed]

div 2 (ss 340–349) om 2013 No. 52s 82

345[Repealed]

div 2 (ss 340–349) om 2013 No. 52s 82

346[Repealed]

div 2 (ss 340–349) om 2013 No. 52s 82

347[Repealed]

div 2 (ss 340–349) om 2013 No. 52s 82

348[Repealed]

div 2 (ss 340–349) om 2013 No. 52s 82

349[Repealed]

div 2 (ss 340–349) om 2013 No. 52s 82

Division 3 [Repealed]

div 3 (ss 350–354) om 2013 No. 52s 82

350[Repealed]

div 3 (ss 350–354) om 2013 No. 52s 82

351[Repealed]

div 3 (ss 350–354) om 2013 No. 52s 82

352[Repealed]

div 3 (ss 350–354) om 2013 No. 52s 82

353[Repealed]

div 3 (ss 350–354) om 2013 No. 52s 82

354[Repealed]

div 3 (ss 350–354) om 2013 No. 52s 82

Part 5 [Repealed]

pt hdg om 2013 No. 52s 82

356[Repealed]

s 356 om 2013 No. 52s 82

357[Repealed]

s 357 om 2013 No. 52s 82

358[Repealed]

s 358 om 2013 No. 52s 82

359[Repealed]

s 359 om 2013 No. 52s 82

Part 7 [Repealed]

pt hdg om 2013 No. 52s 82

362[Repealed]

s 362 om 2013 No. 52s 82

365[Repealed]

s 365 om 2013 No. 52s 82

Part 8 [Repealed]

pt hdg om 2013 No. 52s 82

Division 1 [Repealed]

div 1 (ss 366–369) om 2013 No. 52s 82

366[Repealed]

div 1 (ss 366–369) om 2013 No. 52s 82

367[Repealed]

div 1 (ss 366–369) om 2013 No. 52s 82

368[Repealed]

div 1 (ss 366–369) om 2013 No. 52s 82

369[Repealed]

div 1 (ss 366–369) om 2013 No. 52s 82

Chapter 8 WorkCover Queensland

Part 1 Establishment

380WorkCover is established

WorkCover Queensland is established.

381WorkCover is a body corporate etc.

WorkCover—
(a)is a body corporate with perpetual succession; and
(b)has a common seal; and
(c)may sue and be sued in its corporate name.

382Relationship with State

(1)WorkCover represents the State.
(2)Without limiting subsection (1), every WorkCover policy or other insurance contract with WorkCover is guaranteed by the government of the State.
(3)If WorkCover is unable to pay from a fund under its control an amount payable by WorkCover under a policy or contract guaranteed under subsection (2), the amount is to be paid out of consolidated fund to WorkCover.
(4)The consolidated fund is appropriated for the amount.

Part 2 Functions and powers

Division 1 Functions and insurance business

383General statement of WorkCover’s functions

(1)WorkCover’s functions are as follows—
(a)to undertake the insurance business mentioned in section 384 ;
(b)to perform other functions conferred on it by this or another Act;
(c)to do anything necessary for the administration of this Act that is not the function of another entity.
(2)In performing its functions, WorkCover—
(a)must, as far as practicable, deliver insurance as a commercial enterprise; and
(b)is subject to the Minister’s directions under chapter 9.

384WorkCover’s insurance business

(1)WorkCover may undertake the business of—
(a)accident insurance; and
(b)other insurance this Act authorises WorkCover to undertake.
(2)WorkCover may reinsure, on conditions that it considers appropriate, all or part of any risk accepted by it.

385WorkCover as the exclusive provider of accident insurance

(1)Accident insurance is to be undertaken only by WorkCover.
(2)Policies for accident insurance are to be issued by or for WorkCover and no other person or association or group of persons.
(3)A policy issued in contravention of this section is unenforceable at law.
(4)This section is subject to the provisions of this Act authorising self-insurers to provide accident insurance.

386WorkCover’s offices

WorkCover may establish offices anywhere and discontinue any WorkCover offices.

Division 2 Powers generally

387Objects of div 2

The objects of this division include—
(a)abolishing any application of the doctrine of ultra vires to WorkCover; and
(b)ensuring that WorkCover gives effect to any restrictions on its objects or powers, but without affecting the validity of its dealings with outsiders.

388WorkCover’s general powers

(1)WorkCover has, for or in connection with the performance of its functions, all the powers of a natural person, including, for example, the power to—
(a)enter into contracts; and
(b)acquire, hold, dispose of and deal with property; and
(c)appoint attorney and agents, including for debt collection; and
(d)charge, and fix terms, for goods, services and information supplied by it; and
(e)engage consultants; and
(f)establish subsidiaries; and
(g)do all other things necessary or convenient to be done for, or in connection with, the performance of its functions.
(2)Without limiting subsection (1), WorkCover has the powers that are conferred on it by this or another Act.
(3)WorkCover may exercise its powers inside and outside Queensland.
(4)Without limiting subsection (3), WorkCover may exercise its powers in a foreign country.
(5)The fact that the doing of an act by WorkCover would not be, or is not, in its best interests does not affect its power to do the act.
(6)In this section—
power includes legal capacity.

389General restriction on WorkCover’s powers

(1)Section 388 applies to WorkCover subject to any restrictions on WorkCover’s powers expressly imposed under this or another Act.
(2)Section 388 also applies to WorkCover subject to any restrictions expressly imposed by—
(a)WorkCover’s statement of corporate intent; and
(b)any relevant directions, notifications or approvals given to WorkCover by the Minister.
(3)WorkCover contravenes this subsection if—
(a)WorkCover exercises a power contrary to a restriction mentioned in subsection (1) or (2); or
(b)does an act otherwise than for its functions.
(4)The exercise of the power mentioned in subsection (3)(a), or the act mentioned in subsection (3)(b), is not invalid merely because of the contravention.
(5)A WorkCover officer who is involved in the contravention contravenes this subsection.
(6)An act of the officer is not invalid merely because, by doing the act, the officer contravenes subsection (5).
(7)WorkCover or a WorkCover officer is not guilty of an offence merely because of the contravention.
(8)The fact that—
(a)by exercising the powers mentioned in subsection (3)(a), or doing the act as mentioned in subsection (3)(b), WorkCover contravened, or would contravene, subsection (3); or
(b)by doing a particular act, a WorkCover officer contravened, or would contravene, subsection (5);

may be asserted or relied on only in proceedings between the Minister or the State and officers of WorkCover.

(9)In this section—
restriction includes prohibition.
WorkCover officer means—
(a)a WorkCover director; or
(b)a WorkCover employee; or
(c)an employee of the employing office or of another government entity or non-Queensland government entity who performs work for WorkCover under a work performance arrangement.

s 389 amd 2007 No. 20s 119

390Disposal of main undertakings

(1)WorkCover may dispose of any of its main undertakings only with the prior written approval of the Minister.
(2)In this section—
main undertakings means the undertakings specified as WorkCover’s main undertakings in WorkCover’s most recent statement of corporate intent.

391Acquiring and disposing of subsidiaries

WorkCover may do the following only with the prior written approval of the Minister—
(a)form, or participate in the formation of, a company that will become a WorkCover subsidiary;
(b)acquire shares, or participate in any other transaction that will result in a body corporate becoming, or ceasing to be a WorkCover subsidiary.

392Protection of persons who deal with WorkCover

(1)If a person has dealings with WorkCover—
(a)the person is entitled to make the assumptions mentioned in subsection (3); and
(b)in a proceeding about the dealings, any assertion by WorkCover that the matters that the person is entitled to assume were not correct must be disregarded.
(2)If a person (the first person) has dealings with another person (the second person) who has acquired, or purports to have acquired, title to property from WorkCover (whether directly or indirectly)—
(a)the first person is entitled to make the assumptions mentioned in subsection (3); and
(b)in a proceeding for the dealings, any assertion by WorkCover or the second person that the matters that the first person is entitled to assume were not correct must be disregarded.
(3)The assumptions that a person is, because of subsection (1) or (2), entitled to make are—
(a)that, at all relevant times, this Act has been complied with; and
(b)that a person who is held out by WorkCover to be a WorkCover officer or agent of WorkCover—
(i)has been properly appointed; and
(ii)has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and
(c)that a WorkCover officer or agent of WorkCover who has authority to issue a document for WorkCover has authority to warrant that the document is genuine; and
(d)that a WorkCover officer or agent of WorkCover who has authority to issue a certified copy of a document for WorkCover has authority to warrant that the copy is a true copy; and
(e)that a document has been properly sealed by WorkCover if—
(i)it bears what appears to be an imprint of WorkCover’s seal; and
(ii)the sealing of the document appears to be authenticated by a person who, because of paragraph (b), may be assumed to be a WorkCover director or WorkCover’s chief executive officer; and
(f)that the directors, chief executive officer, employees and agents of WorkCover have properly performed their duties to WorkCover.
(4)However, a person is not entitled to assume a matter mentioned in subsection (3) if—
(a)the person has actual knowledge that the assumption would be incorrect; or
(b)because of the person’s connection or relationship with WorkCover, the person ought to know that the assumption would be incorrect.
(5)If, because of subsection (4), a person is not entitled to make a particular assumption—
(a)if the assumption is in relation to dealings with WorkCover—subsection (1) does not apply to any assertion by WorkCover in relation to the assumption; or
(b)if the assumption is in relation to an acquisition or purported acquisition from WorkCover of title to property—subsection (2) does not apply to any assertion by WorkCover or another person in relation to the assumption.
(6)In this section—
WorkCover officer means—
(a)a WorkCover director; or
(b)a WorkCover employee; or
(c)an employee of the employing office or of another government entity or non-Queensland government entity who performs work for WorkCover under a work performance arrangement.

s 392 amd 2007 No. 20s 120; 2010 No. 24s 3 sch

393Reserve power of Minister to direct that asset not be disposed of

(1)The Minister may, after consultation with WorkCover’s board, give the board a written direction requiring WorkCover not to dispose of a specified asset.
(2)The board must ensure that the direction is complied with.
(3)The Minister must cause a copy of the direction to be published in the gazette within 21 days after it is given.

s 393 amd 2009 No. 38s 60

Part 3 Obligations

Division 1 Corporate plan

394WorkCover must have corporate plan

WorkCover must have a corporate plan.

395Guidelines in relation to corporate plans

(1)The Minister may issue guidelines about the form and content of WorkCover’s corporate plan.
(2)WorkCover must comply with the guidelines.

396Draft corporate plan

(1)WorkCover’s board must prepare, and submit to the Minister for the Minister’s agreement, a draft corporate plan not later than 2 months before the start of each financial year.
(2)The board and the Minister must endeavour to reach agreement on the draft plan as soon as possible and, for a draft corporate plan for a financial year, in any case not later than 1 month before the start of the financial year.

397Special procedures for draft corporate plan

(1)The Minister may return a draft corporate plan to WorkCover’s board and ask it to—
(a)consider or further consider any matter and deal with the matter in the draft plan; and
(b)revise the draft plan in the light of its consideration or further consideration.
(2)The board must comply with the request as a matter of urgency.
(3)If, for a financial year, a draft corporate plan has not been agreed to by the Minister by 1 month before the start of the financial year, the Minister may, by written notice, direct the board—
(a)to take specified steps in relation to the draft plan; or
(b)to make specified changes to the draft plan.
(4)The board must immediately comply with a direction under subsection (3).
(5)The Minister must cause a copy of the direction to be published in the gazette within 21 days after it is given.

s 397 amd 2009 No. 38s 60

398Corporate plan on agreement

When a draft corporate plan is agreed to by the Minister, it becomes WorkCover’s corporate plan for the relevant financial year.

399Corporate plan pending agreement

(1)This section applies if, for a financial year, the Minister has not agreed to a draft corporate plan before the start of the financial year.
(2)The draft corporate plan submitted or last submitted by WorkCover’s board to the Minister before the start of the financial year, with any changes made by the board, whether before or after that time, at the direction of the Minister, is taken to be WorkCover’s corporate plan until a draft corporate plan becomes WorkCover’s corporate plan under section 398 .

400Changes to corporate plan

(1)WorkCover’s corporate plan may be changed by its board with the Minister’s agreement.
(2)The Minister may, by written notice, direct the board to change the corporate plan.
(3)The Minister must cause a copy of the direction to be published in the gazette within 21 days after it is given.

s 400 amd 2009 No. 38s 60

Division 2 Statement of corporate intent

401WorkCover must have statement of corporate intent

WorkCover must have a statement of corporate intent for each financial year.

402Statement of corporate intent must be consistent with corporate plan

WorkCover’s statement of corporate intent must be consistent with its corporate plan.

403Matters to be included in statement of corporate intent

(1)WorkCover’s statement of corporate intent must specify WorkCover’s financial and non-financial performance targets for its activities for the relevant financial year.
(2)The statement of corporate intent must also include the matters required by the following sections—
(a)section 404 ;
(b)section 410 ;
(c)section 451 .

404Additional matters to be included in statement of corporate intent

(1)WorkCover’s statement of corporate intent must include the following additional matters—
(a)an outline of WorkCover’s objectives;
(b)an outline of the nature and scope of the activities proposed to be undertaken by WorkCover during the relevant financial year;
(c)an outline of WorkCover’s main undertakings during the relevant financial year;
(d)WorkCover’s capital structure and payments to the consolidated fund under section 460 ;
(e)an outline of the borrowings made, and proposed to be made, by WorkCover;
(f)an outline of the policies adopted by WorkCover to minimise and manage any risk of investments and borrowings that may adversely affect its financial stability;
(g)an outline of WorkCover’s policies and procedures relating to the acquisition and disposal of major assets;
(h)WorkCover’s accounting policies that apply to the preparation of its accounts;
(i)the type of information to be given to the Minister, including information to be given in quarterly and annual reports.
(2)The Minister may exempt WorkCover from including any matter, or any aspect of a matter, mentioned in subsection (1) in the statement of corporate intent.
(3)Subsection (1) does not limit the matters that may be included in a statement of corporate intent.

405Draft statement of corporate intent

(1)WorkCover’s board must prepare, and submit to the Minister for the Minister’s agreement, a draft statement of corporate intent not later than 2 months before the start of each financial year.
(2)The board and the Minister must endeavour to reach agreement on the draft statement as soon as possible and, for a draft statement of corporate intent for a financial year, in any case not later than the start of the financial year.

406Special procedures for draft statement of corporate intent

(1)The Minister may return the draft statement of corporate intent to WorkCover’s board and ask it to—
(a)consider or further consider any matter and deal with the matter in the draft statement; and
(b)revise the draft statement in the light of its consideration or further consideration.
(2)The board must comply with the request as a matter of urgency.
(3)If, for a financial year, a draft statement of corporate intent of WorkCover has not been agreed to by the Minister before the start of the financial year, the Minister may, by written notice, direct the board—
(a)to take specified steps in relation to the draft statement; or
(b)to make specified changes to the draft statement.
(4)The board must immediately comply with a direction under subsection (3).
(5)The Minister must cause a copy of the direction to be published in the gazette within 21 days after it is given.

s 406 amd 2009 No. 38s 60

407Statement of corporate intent on agreement

When a draft statement of corporate intent of WorkCover is agreed to by the Minister, it becomes WorkCover’s statement of corporate intent for the relevant financial year.

408Changes to statement of corporate intent

(1)WorkCover’s statement of corporate intent may be changed by its board with the Minister’s agreement.
(2)The Minister may, by written notice, direct the board to change the statement of corporate intent.
(3)Before giving the direction, the Minister must consult with the board and take its views into account.
(4)The Minister must cause a copy of the direction to be published in the gazette within 21 days after it is given.

s 408 amd 2009 No. 38s 60

Division 3 Community service obligations

409Meaning of community service obligations

(1)WorkCover’s community service obligations are obligations to perform activities that WorkCover’s board establishes to the Minister’s satisfaction—
(a)are not in the commercial interests of WorkCover to perform; and
(b)arise because of a direction, notification or duty to which this section applies.
(2)This section applies to the following directions, notifications and duties—
(a)a direction given to WorkCover’s board under section 393 ;
(b)a direction given to WorkCover’s board under section 397 ;
(c)a direction given to WorkCover’s board under section 400 ;
(d)a direction given to WorkCover’s board under section 406 ;
(e)a direction given to WorkCover’s board under section 408 ;
(f)a notification given to WorkCover’s board under section 480 ;
(g)a direction given to WorkCover’s board under section 481 ;
(h)a statutory duty to perform activities, including any economic development activities.

s 409 amd 2013 No. 52s 83

410Community service obligations to be specified in statement of corporate intent

(1)The community service obligations that WorkCover is to perform are to be specified in its statement of corporate intent.
(2)The costings of, funding for, or other arrangements to make adjustments relating to, WorkCover’s community service obligations are also to be specified in its statement of corporate intent.
(3)The statement of corporate intent is conclusive, as between the Government and WorkCover, of—
(a)the nature and extent of WorkCover’s community service obligations; and
(b)the ways in which, and the extent to which, WorkCover is to be compensated by the Government for performing its community service obligations.

Division 4 Reports and other accountability matters

411Quarterly reports

(1)WorkCover’s board must give to the Minister a report on the operations of WorkCover for each quarter of a financial year.
(2)A quarterly report must be given to the Minister—
(a)within 1 month after the end of the quarter; or
(b)if another period after the end of the quarter is agreed between the board and the Minister—within the agreed period.
(3)A quarterly report must include the information required to be given in the report by WorkCover’s statement of corporate intent.

412Matters to be included in annual report

(1)Each annual report of WorkCover must—
(a)contain the information that is required to be included in the report by the Minister to enable an informed assessment to be made of WorkCover’s operations, including a comparison of the performance of WorkCover’s statement of corporate intent; and
(b)state WorkCover’s policy for the relevant financial year for payments to the consolidated fund under section 460 ; and
(c)include the statement of corporate intent for the relevant financial year; and
(d)include particulars of any changes made to the statement of corporate intent during the relevant financial year; and
(e)include particulars of any directions and notifications given to WorkCover’s board by the Minister that relate to the relevant financial year; and
(f)include particulars of the impact on the financial position, profits and losses and prospects of WorkCover of any changes made to the statement of corporate intent, and any directions and notifications given to the board by the Minister, that relate to the relevant financial year.
(2)Each annual report of WorkCover must also state whether or not WorkCover’s directors consider there are, when the statement is made, reasonable grounds to believe that WorkCover will be able to pay its debts as and when they fall due.

413Deletion of commercially sensitive matters from annual report etc.

(1)If WorkCover’s board asks the Minister to delete from the copies of an annual report of WorkCover and accompanying documents that are to be made public a matter that is of a commercially sensitive nature, the Minister may delete the matter from the copies of the annual report and accompanying documents that are laid before the Legislative Assembly or otherwise made public.
(2)An annual report of WorkCover may include a summary of a matter required to be included in the annual report, rather than a full statement of the matter, if—
(a)the summary indicates that it is a summary only; and
(b)a full statement of the matter is laid before the Legislative Assembly at the same time as a copy of the annual report is laid before the Legislative Assembly.
(3)Subsections (1) and (2) have effect despite section 412 or another Act.
(4)Subsection (1) has effect despite subsection (2).

414Board to keep Minister informed

(1)WorkCover’s board must—
(a)keep the Minister reasonably informed of the operations, financial performance and financial position of WorkCover, including the assets and liabilities, profits and losses and prospects of WorkCover; and
(b)give the Minister reports and information that the Minister requires to enable the Minister to make informed assessments of matters mentioned in paragraph (a); and
(c)if matters arise that in the board’s opinion may prevent, or significantly affect, achievement of WorkCover’s objectives outlined in its statement of corporate intent or targets under its corporate plan—immediately inform the Minister of the matters and its opinion about them.
(2)Subsection (1) does not limit the matters of which the board is required to keep the Minister informed, or limit the reports or information that the board is required, or may be required, to give to the Minister, by another Act.

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

415Disclosure of interests by director

(1)If a WorkCover director has a direct or indirect interest in a matter being considered, or about to be considered, by WorkCover’s board, the director must disclose the nature of the interest to a meeting of the board as soon as practicable after the relevant facts come to the director’s knowledge.

Maximum penalty—100 penalty units.

(2)The disclosure must be recorded in the board’s minutes.

416Voting by interested director

(1)A WorkCover director who has a material personal interest in a matter that is being considered by WorkCover’s board must not—
(a)vote on the matter; or
(b)vote on a proposed resolution (a related resolution) under subsection (2) in relation to the matter (whether in relation to the director or another director); or
(c)be present while the matter, or a related resolution, is being considered by the board; or
(d)otherwise take part in any decision of the board in relation to the matter or a related resolution.

Maximum penalty—100 penalty units.

(2)Subsection (1) does not apply to the matter if the board has at any time passed a resolution that—
(a)specifies the director, the interest and the matter; and
(b)states that the directors voting for the resolution are satisfied that the interest should not disqualify the director from considering or voting on the matter.
(3)A quorum is present during a consideration of a matter by the board only if at least 2 directors are present who are entitled to vote on any motion that may be moved in relation to the matter.
(4)The Minister may, by signing consent to a proposed resolution, deal with a matter if the board can not deal with it because of subsection (3).

417Duty and liability of certain officers of WorkCover

(1)A WorkCover officer must act honestly in the exercise of powers, and discharge of functions, as a WorkCover officer.

Maximum penalty—

(a)if the contravention is committed with intent to deceive or defraud WorkCover, WorkCover’s creditors or creditors of another person or for another fraudulent purpose—500 penalty units or 5 years imprisonment; or
(b)in any other case—100 penalty units.

(2)In the exercise of powers and the discharge of functions, a WorkCover officer must exercise the degree of care and diligence that a reasonable person in a like position within WorkCover would exercise.

Maximum penalty—100 penalty units.

(3)A person who is, or was, a WorkCover officer must not make improper use of information acquired because of the person’s position as a WorkCover officer—
(a)to gain, directly or indirectly, an advantage for the person or for another person; or
(b)to cause detriment to WorkCover.

Maximum penalty—500 penalty units or 5 years imprisonment.

(4)A WorkCover officer must not make improper use of the officer’s position as a WorkCover officer—
(a)to gain, directly or indirectly, an advantage for the officer or another person; or
(b)to cause detriment to WorkCover.

Maximum penalty—500 penalty units or 5 years imprisonment.

(5)If a person contravenes this section in relation to WorkCover, WorkCover may recover from the person as a debt due to WorkCover—
(a)if the person or another person made a profit because of the contravention—an amount equal to the profit; and
(b)if WorkCover suffered loss or damage because of the contravention—an amount equal to the loss or damage.
(6)An amount may be recovered from the person whether or not the person has been convicted of an offence in relation to the contravention.
(7)Subsection (5) is in addition to, and does not limit, the Criminal Proceeds Confiscation Act 2002 .
(8)In deciding for subsection (2) the degree of care and diligence that a reasonable person in a like position within WorkCover would exercise, regard must be had to—
(a)the fact that the person is a WorkCover officer; and
(b)the application of this Act to WorkCover; and
(c)relevant matters required or permitted to be done under this Act in relation to WorkCover;

including, for example—

(d)any relevant community service obligations of WorkCover; and
(e)any relevant directions, notifications or approvals given to WorkCover by the Minister.

(9)Subsection (8) does not limit the matters to which regard may be had for the purposes of subsection (2).
(10)In this section—
WorkCover officer means—
(a)a WorkCover director; or
(b)WorkCover’s chief executive officer; or
(c)another person who is concerned, or takes part, in WorkCover’s management.

418Prohibition on loans to directors

(1)WorkCover must not, whether directly or indirectly—
(a)make a loan to a WorkCover director, a spouse of a director or a relative of a director or spouse; or
(b)give a guarantee or provide security in connection with a loan made to a WorkCover director, a spouse of a director or a relative of a director or spouse.
(2)Subsection (1) does not apply to the entering into by WorkCover of an instrument with a person mentioned in subsection (1) if the instrument is entered into on the same terms as similar instruments, if any, are entered into by WorkCover with members of the public.
(3)A WorkCover director must not be knowingly concerned in a contravention of subsection (1) by WorkCover (whether or not in relation to the director).

Maximum penalty—100 penalty units.

(4)In this section—
relative means—
(a)a parent or remoter lineal ancestor; or
(b)a son, daughter or remoter issue; or
(c)a brother or sister.

419WorkCover not to indemnify WorkCover officers

(1)WorkCover must not—
(a)indemnify a person who is or has been a WorkCover officer against a liability incurred as an officer; or
(b)exempt a person who is or has been a WorkCover officer from a liability incurred as an officer.
(2)An instrument is void so far as it provides for WorkCover to do something that subsection (1) prohibits.
(3)Subsection (1) does not prevent WorkCover from indemnifying a person against a civil liability, other than a liability to WorkCover, unless the liability arises out of conduct involving a lack of good faith.
(4)Subsection (1) does not prevent WorkCover from indemnifying a person against a liability for costs and expenses incurred by the person—
(a)in defending a proceeding, whether civil or criminal, in which judgment is given in favour of the person or in which the person is acquitted; or
(b)in connection with an application in relation to a proceeding in which relief is granted to the person by a court.
(5)WorkCover may give an indemnity mentioned in subsection (3) or (4) only with the prior approval of the Minister.
(6)In this section—
indemnify includes indemnify indirectly through 1 or more interposed entities.
WorkCover officer means—
(a)a WorkCover director; or
(b)WorkCover’s chief executive officer; or
(c)another person who is concerned, or takes part, in WorkCover’s management.

420WorkCover not to pay premiums for certain liabilities of WorkCover officers

(1)WorkCover must not pay, or agree to pay, a premium in relation to a contract insuring a person who is or has been a WorkCover officer against a liability—
(a)incurred by the person as an officer; and
(b)arising out of conduct involving—
(i)a wilful breach of duty in relation to WorkCover; or
(ii)without limiting subparagraph (i), a contravention of section 417 (3) or (4).
(2)Subsection (1) does not apply to a liability for costs and expenses incurred by a person in defending proceedings, whether civil or criminal, and whatever their outcome.
(3)An instrument is void so far as it insures a person against a liability in contravention of subsection (1).
(4)In this section—
pay includes pay indirectly through 1 or more interposed entities.
WorkCover officer means—
(a)a WorkCover director; or
(b)WorkCover’s chief executive officer; or
(c)another person who is concerned, or takes part, in WorkCover’s management.

421Examination of persons concerned with WorkCover

(1)This section applies if it appears to the Attorney-General that—
(a)a person who has been concerned, or taken part, in WorkCover’s management, administration or affairs has been, or may have been, guilty of fraud, negligence, default, breach of trust or breach of duty or other misconduct in relation to WorkCover; or
(b)a person may be capable of giving information about WorkCover’s management, administration or affairs.
(2)The Attorney-General may apply to the Supreme Court or a District Court for an order under this section about the person.
(3)The court may order that the person attend before the court at a time and place fixed by the court to be examined on oath on anything about WorkCover’s management, administration or affairs.
(4)The examination of the person is to be held in public except so far as the court considers that, because of special circumstances, it is desirable to hold the examination in private.
(5)The court may give directions about—
(a)the matters to be inquired into at the examination; and
(b)the procedures to be followed at the examination, including, if the examination is to be held in private, the persons who may be present.
(6)The person must not fail, without reasonable excuse—
(a)to attend as required by the order; or
(b)to continue to attend as required by the court until the completion of the examination.

Maximum penalty—200 penalty units or 2 years imprisonment.

(7)The person must not fail to take an oath or make an affirmation at the examination.

Maximum penalty—200 penalty units or 2 years imprisonment.

(8)The person must not fail to answer a question that the person is directed by the court to answer.

Maximum penalty—200 penalty units or 2 years imprisonment.

(9)The person may be directed by the court, in the order or by subsequent direction, to produce any document in the person’s possession, or under the person’s control, relevant to the matters on which the person is to be, or is being, examined.
(10)The person must not, without reasonable excuse, contravene a direction under subsection (9).

Maximum penalty—200 penalty units or 2 years imprisonment.

(11)If the court directs the person to produce a document and the person has a lien on the document, the production of the document does not prejudice the lien.
(12)The person must not knowingly make a statement at the examination that is false or misleading in a material particular.

Maximum penalty—500 penalty units or 5 years imprisonment.

(13)The person is not excused from answering a question put to the person at the examination on the ground that the answer might tend to incriminate the person or make the person liable to a penalty.
(14)If—
(a)before answering a question put to the person at the examination, the person claims that the answer might tend to incriminate the person or make the person liable to a penalty; and