WorkCover Queensland Amendment Regulation (No. 1) 1997 (Qld)

Queensland Subordinate Legislation 1997 No. 161 WorkCover Queensland Act 1996 WORKCOVER QUEENSLAND AMENDMENT REGULATION (No. 1) 1997 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3A Scheme solvency—Act, s 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Replacement of pt 2 (Employer excess) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 2—EMPLOYER INSURANCE Division 1—Policies and premium assessments 4 Application for policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4A Policies and renewals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4B Assessment of premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4C Declaration of wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4D Value of board and lodging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4E Payment of premium by instalments . . . . . . . . . . . . . . . . . . . . . . . . . 8 4F Additional premium for late payment—Act, ss 65 and 66 . . . . . . . . 9 4G Deemed premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4H Surcharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4I Cancellation of policy on ceasing to employ workers . . . . . . . . . . . 11 4J Documents to be kept—Act, s 469 . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

2 WorkCover Queensland Amendment (No. 1) No. 161, 1997 Division 2—Employer excess 4K Excess period—Act, s 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4L Employer’s election to insure against payment for excess period—Act, s 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4M Amount payable to insure against payment for excess period—Act, s 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 3—Self-rating 4N Definition for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4O Premium calculation—Act, s 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4P Provisional premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4Q Assessed premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 4R Adjustment for liability for prior periods of insurance . . . . . . . . . . . 17 4S Interest rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 4T Time for payment of premium and surcharge . . . . . . . . . . . . . . . . . . 18 4U Conditions of registration—Act, s 83 . . . . . . . . . . . . . . . . . . . . . . . . . 18 4V Premium payable after cancellation of self-rater’s registration—Act, s 94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 4W Reduction of amount “A” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 4X Actuarial procedure—self-raters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 4—Self-insurance 4Y Application fees—Act, s 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 4Z Annual levy and surcharge—Act, s 111 . . . . . . . . . . . . . . . . . . . . . . . 20 4ZA Conditions of licence—Act, s 112 . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 4ZB Premium payable after cancellation of self-insurer’s licence—Act, s 125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 4ZC Actuarial procedure—self-insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 7 Insertion of new pt 3, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Division 1—Students 8 Amendment of s 5 (Insurance of work experience students) . . . . . . . . . . . . 23 9 Amendment of s 6 (Insurance of industry placement students) . . . . . . . . . . 24 10 Insertion of new pt 3, divs 2–4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 2—Eligible persons 6A Proposal for contract of insurance—Act, s 26 . . . . . . . . . . . . . . . . . . 24 6B Documents to be kept by eligible person . . . . . . . . . . . . . . . . . . . . . . 25

3 WorkCover Queensland Amendment (No. 1) No. 161, 1997 Division 3—Other persons 6C Contracts of insurance for other persons . . . . . . . . . . . . . . . . . . . . . . 25 Division 4—Contracts of insurance generally 6D Entitlements of persons mentioned in ch 1, pt 4, div 3, subdivs 1, 2 and 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 6E WorkCover not liable if premium not paid . . . . . . . . . . . . . . . . . . . . 26 6F Duty to report injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 11 Amendment of s 42 (Costs before proceeding started) . . . . . . . . . . . . . . . . . 27 12 Replacement of pts 8 and 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 PART 8—MISCELLANEOUS 45 Numbering and renumbering of regulation . . . . . . . . . . . . . . . . . . . . . 27 13 Replacement of sch 1 (Legal professional costs) . . . . . . . . . . . . . . . . . . . . . 27 SCHEDULE 1 ADDITIONAL PREMIUM 14 Replacement of sch 6 (Consequential amendments) . . . . . . . . . . . . . . . . . . 29 SCHEDULE 6 LEGAL PROFESSIONAL COSTS

s1 4 s4 WorkCover Queensland Amendment (No. 1) No. 161, 1997 ˙ Short title 1. This regulation may be cited as the WorkCover Queensland Amendment Regulation (No. 1) 1997 . ˙ Commencement 2. This regulation commences on 1 July 1997. ˙ Regulation amended 3. This regulation amends the WorkCover Queensland Regulation 1997 . ˙ Amendment of s 3 (Definitions) 4. Section 3— insert— ‘ “assessed premium” , for an employer other than a self-rater, means premium calculated using the employer’s wages for a period of insurance. “excess period” see section 69 of the Act. “further premium” for an employer means an amount, other than assessed premium or provisional premium, payable by an employer to WorkCover under the Act, and includes the following— (a) arrears of premium; (b) additional premium under section 4C(4); (c) interest on premium under section 4E(2); (d) a surcharge payable under section 4H; (e) an amount of unpaid premium or a payment or penalty payable under section 61(2) 1 of the Act; 1 Section 61 (Recovery of compensation and unpaid premium) of the Act

s5 5 s6 WorkCover Queensland Amendment (No. 1) No. 161, 1997 (f) additional premium for late payment under section 65 or 66 2 of the Act; (g) additional premium under section 67 3 of the Act; (h) an amount payable under section 71 4 of the Act. “premium” includes assessed premium, provisional premium and further premium. “provisional premium” , for an employer other than a self-rater, means premium calculated using a reasonable estimate of wages for a period of insurance.’. ˙ Insertion of new s 3A 5. After section 3— insert— ˙ ‘ Scheme solvency—Act, s 5 ‘ 3A.(1) For section 5(5)(b) of the Act, WorkCover’s assets must exceed WorkCover’s liabilities by at least 15% of WorkCover’s outstanding claims provisions at the end of its last financial year. ‘ (2) To remove any doubt, the amount required under subsection (1) is in addition to the minimum solvency or capital adequacy standards required under section 5(5)(a) of the Act.’. ˙ Replacement of pt 2 (Employer excess) 6. Part 2— omit, insert— 2 Section 65 (Additional premium payable if premium not paid) or 66 (Further additional premium payable after appeal to industrial magistrate) of the Act 3 Section 67 (Additional premium for out-of-State workers) of the Act 4 Section 71 (Employer may insure against payment for excess period) of the Act

s6 6 s6 WorkCover Queensland Amendment (No. 1) No. 161, 1997 ‘ PART 2—EMPLOYER INSURANCE ‘Division 1—Policies and premium assessments ˙ ‘ Application for policy ‘ 4. An application for a policy must be made to WorkCover in the approved form. ˙ ‘ Policies and renewals ‘ 4A.(1) On payment of the premium shown as payable in a premium notice issued by WorkCover to an employer, WorkCover must issue to the employer a policy, in the approved form, for the period of insurance stated in the notice. ‘ (2) A policy has no force or effect until— (a) WorkCover receives the premium payable to WorkCover for the policy or its renewal; or (b) WorkCover enters into an instalment plan for the policy under section 4E. 5 ˙ ‘ Assessment of premium ‘ 4B.(1) This section does not apply to a policy for household workers. ‘ (2) WorkCover must assess premium payable under a policy for each period of insurance shown in a premium notice. ‘ (3) The following formula must be used to calculate premium, other than a self-rater’s premium— P = AP – PPP + PP + FP ‘ (4) However, if the policy relates to government workers covered under an arrangement approved by WorkCover, WorkCover may assess premium at the rate decided by WorkCover after taking actuarial advice. 5 Section 4E (Payment of premium by instalments)

s6 7 s6 WorkCover Queensland Amendment (No. 1) No. 161, 1997 ‘ (5) For a period of insurance before 1 July 1997, an assessment of premium must be made in accordance with the provisions of the Act in force at the time of the relevant period of insurance. ‘ (6) If, after the premium is assessed, 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 premium notice is given. ‘ (7) If, after the premium is assessed, WorkCover is satisfied that premium for the period has been underpaid, the employer to whom the premium notice is given must pay the premium as assessed. ‘ (8) In subsection (3)— “P” means the premium payable. “AP” means assessed premium for the preceding period of insurance. “PPP” means provisional premium for the preceding period of insurance. “PP” means provisional premium for the period of insurance. “FP” means further premium. ˙ ‘ Declaration of wages ‘ 4C.(1) This section does not apply to an employer who employs only household workers. ‘ (2) Each employer, other than a self-rater or self-insurer, must, on or before 31 August in each year, lodge with WorkCover a declaration of wages so WorkCover can assess the employer’s premium. ‘ (3) The declaration must be in— (a) the approved form; or (b) with WorkCover’s approval—another form acceptable to WorkCover. ‘ (4) If an employer does not comply with subsection (2), the employer must pay an additional premium under schedule 1. ‘ (5) The additional premium payable under schedule 1 is the amount specified opposite the time after 31 August in a year when the employer complies with subsection (2).

s6 8 s6 WorkCover Queensland Amendment (No. 1) No. 161, 1997 ˙ ‘ Value of board and lodging ‘ 4D.(1) This section applies if an employer provides, or is to provide, board to a worker during a period of insurance. ‘(2) The value of board provided is taken to be wages paid, or to be paid, by the employer to the worker. ‘(3) For each week the employer provides, or is to provide board, the value of board is not less than— (a) the weekly allowance for board provided for under the industrial instrument governing the calling in which the worker is engaged; or (b) if paragraph (a) does not apply—6% of QOTE. ‘ (4) In this section— “board” means accommodation, meals, laundry services or any other entitlement having a monetary value provided when lodging. ˙ ‘ Payment of premium by instalments ‘ 4E.(1) WorkCover may accept payment of premium by instalments under an instalment plan approved by WorkCover if WorkCover is satisfied that payment of premium by the due date would impose financial hardship on the employer. ‘ (2) The instalment plan is subject to the following conditions— (a) interest at a rate specified by the board by industrial gazette notice must be added to the amount of each instalment; (b) interest must be calculated from the due date; (c) the interest rate that applies at the start of the instalment plan remains constant until the plan ends; (d) on acceptance of the instalment plan, the employer must, if required by WorkCover, enter into a payment arrangement acceptable to WorkCover; (e) if an instalment of premium is not paid on or before the due date for payment of the instalment—

s6 9 s6 WorkCover Queensland Amendment (No. 1) No. 161, 1997 (i) the total amount of unpaid instalments and interest on outstanding instalments to that day immediately becomes payable to WorkCover; and (ii) additional premium under section 4F applies to the unpaid instalments and interest; and (iii) the policy for which the premium is payable ceases to have effect; and (iv) the employer contravenes section 52 6 of the Act. ˙ ‘ Additional premium for late payment—Act, ss 65 and 66 ‘ 4F.(1) This section applies if, on or before the due date, an employer does not pay— (a) the amount of premium payable under a premium notice; or (b) the amount by which a final assessment of premium by an industrial magistrate or the Industrial Court is more than the amount of assessment of premium paid under section 490(4) 7 of the Act. ‘ (2) To remove any doubt, this section does not apply if WorkCover has accepted payment of the amount under an instalment plan and instalments are paid under the plan. ‘ (3) This section does not apply to an employer who employs only household workers. ‘ (4) The additional premium payable under section 65 or 66 of the Actis— (a) if payment of the amount is made to WorkCover within 30 days after the due date—5% of the amount; or (b) if payment of the amount is made to WorkCover after 30 days but within 60 days of the due date—10% of the amount; or 6 Section 52 (Employer’s obligation to insure) of the Act 7 Section 490 (Appeal to industrial magistrate from decision on assessment) of the Act

s 6 10 s 6 WorkCover Queensland Amendment (No. 1) No. 161, 1997 (c) if payment of the amount is made to WorkCover after 60 days of the due date or if no payment is made—10% of the amount plus interest at the annual rate mentioned in section 4E(2)(a) for the period from the due date, or a later date decided by WorkCover, until the amount and all additional premium is paid to WorkCover. ˙ ‘ Deemed premium ‘ 4G.(1) For sections 75, 76 and 497 8 of the Act and section 4Z 9 of this regulation, deemed premium, for an employer for a period of insurance or for each year of a self-insurer’s licence, is the notional premium calculated under the formula— D = WxR 100 ‘ (2) In deciding deemed premium for sections 75, 76 and 497 of the Act, the relevant period of insurance or year of the licence is the employer’s last full year of insurance or full year of a licence. ‘ (3) In subsection (1)— “D” means deemed premium. “W” means— (a) the employer’s wages for the period of insurance or year of licence; or (b) if the employer has been insured or self-insured for less than 1 year—a reasonable estimate of the employer’s wages for the current period of insurance or year of licence. “R” means the rate for the employer’s industry or business specified in the notice under section 58 10 of the Act that applies to the period of insurance or year of licence. 8 Sections 75 (Issue of registration to single employer), 76 (Issue of registration to group employer) and 497 (Starting appeals) of the Act 9 Section 4Z (Annual levy and surcharge—Act, s 111) 10 Section 58 (Setting of premium) of the Act

s 6 11 s 6 WorkCover Queensland Amendment (No. 1) No. 161, 1997 ˙ ‘ Surcharge ‘ 4H.(1) An employer must pay a surcharge for a policy unless— (a) the minimum premium mentioned in the industrial gazette notice under section 58 of the Act is payable for the policy; or (b) the premium has been assessed under section 4B(4) for government workers. ‘ (2) The amount of the surcharge for a period of insurance is the greater of— (a) 10% of the employer’s assessed premium for the period; or (b) $5.00. ‘ (3) However, for a period of insurance before 1 July 1997, the amount of the surcharge is the greater of— (a) 6.4% of the employer’s assessed premium for the period; or (b) $5.00. ‘ (4) In this section— “employer” does not include an employer who employs only household workers. ˙ ‘ Cancellation of policy on ceasing to employ workers ‘ 4I.(1) This section applies if an employer, other than a self-rater, wishes to cancel a policy because the employer has ceased to employ workers. ‘ (2) This section does not apply to an employer who employs only household workers. ‘ (3) The employer must give WorkCover— (a) written notice that the employer— (i) has ceased to employ workers on and from a date specified in the notice; and (ii) wishes to cancel the policy; and (b) written details of the employer’s wages in relation to the period starting on 1 July last preceding the day on which employment of workers ceased and ending on that day.

s 6 12 s 6 WorkCover Queensland Amendment (No. 1) No. 161, 1997 ‘ (4) WorkCover must assess the premium payable by the employer for the period during which the employer was required by the Act to maintain a policy. ‘ (5) If the premium paid by the employer for the period mentioned in subsection (3) is— (a) greater than the amount of premium assessed under subsection (3)—WorkCover must refund to the employer the amount overpaid; or (b) less than the amount of premium assessed under subsection (3)—the employer must pay WorkCover the amount of the deficit on or before the due date under a final premium notice issued for the amount of the deficit. ˙ ‘ Documents to be kept—Act, s 469 ‘ 4J.(1) An employer or contractor must keep the following documents for section 469 of the Act— (a) the time and wages book, or wages book, and the register of employees, required to be kept under the Industrial Relations Act; (b) documents, or accurate and complete copies of documents, required to be kept under a law of the Commonwealth for payments made to the employer’s workers or contractors for the performance of work, including, for example— (i) group certificates; and (ii) group employer’s reconciliation statements; and (iii) prescribed payment system payer’s reconciliation statements; (c) the person’s profit and loss account, to the extent it relates to amounts paid for wages for workers, or to contractors. ‘ (2) However, a document mentioned in subsection (1)(b) or (c) need not contain information an employer or contractor reasonably believes is confidential and not necessary to enable WorkCover to calculate the person’s actual expenditure on wages or for contracts for the period to which the document relates.

s 6 13 s 6 WorkCover Queensland Amendment (No. 1) No. 161, 1997 Examples— 1. Income and profit lines. 2. Tax file numbers. ‘ (3) An employer or contractor need not comply with subsection (1) if— (a) WorkCover has given the employer or contractor notice that a document need not be kept, and the notice remains in force; or (b) the employer or contractor was a corporation and has been wound-up. ‘ (4) In this section— “worker” does not include a household worker. ‘Division 2—Employer excess ˙ ‘ Excess period—Act, s 69 ‘ 4K.(1) The excess period is calculated having regard to— (a) the days worked under a worker’s contract of service with an employer when the injury was sustained; and (b) the period— (i) if the worker’s total incapacity is ongoing—of 1 week from when the worker’s entitlement to weekly payment of compensation starts; or (ii) if the worker’s total incapacity is interrupted—of the worker’s continuing incapacity because of the injury. ‘ (2) If a worker is required to work for a stated number of days only, the excess period is up to the stated number of days, or 4 days, whichever is the lesser. Example of excess period for subsection (1)(b)(i)— 1. A worker is employed 5 days a week (Monday to Friday). The worker sustains an injury on Tuesday and immediately stops work to attend for medical treatment. The treating doctor certifies total incapacity for work for 2 weeks. The excess period is 4 days (from Wednesday to Monday).

s 6 14 s 6 WorkCover Queensland Amendment (No. 1) No. 161, 1997 Example of excess period for subsection (1)(b)(ii)— 1. A worker is employed 5 days a week (Monday to Friday). The worker sustains an injury on Wednesday, attends for medical treatment that day and the treating doctor certifies total incapacity for 2 days. The initial excess period is 2 days (Thursday and Friday). The worker returns to work on Monday and works Monday, Tuesday and Wednesday. However, the incapacity from the same injury continues and the worker obtains a subsequent medical certificate for 2 days. The balance of the excess period is 2 days (Thursday and Friday). The total excess period is 4 days. Examples of excess period for subsection (2)— 1. A worker is employed 2 days a week (Thursday and Saturday). The worker sustains an injury on Saturday and continues to work until the end of the day. The worker attends for medical treatment the following Monday and the treating doctor certifies total incapacity for work for 10 days. The excess period is 2 days (Thursday and Saturday). 2. A worker is employed for 1 day only. The worker sustains an injury, attends for medical treatment and the treating doctor certifies total incapacity for 3 days. The excess period is 1 day. ˙ ‘ Employer’s election to insure against payment for excess period—Act, s 71 ‘ 4L.(1) An employer may only elect to insure against the employer’s liability to pay for the excess period for a period of insurance— (a) at the start of a new policy—by making written application to WorkCover on the application for a policy; or (b) on renewal of a policy—by making written application to WorkCover on or before 31 August in the renewed period of insurance. ‘ (2) The employer’s election to insure for a period of insurance— (a) applies from the day the employer’s written application is received by WorkCover, or the start of the policy, whichever is the later; and (b) applies until the end of the period of insurance; and (c) cannot be withdrawn by the employer. ‘ (3) However, if the employer elected to insure for the preceding period

s 6 15 s 6 WorkCover Queensland Amendment (No. 1) No. 161, 1997 of insurance and elects to insure for the current period of insurance on or before 31 August in the current period of insurance, the election applies from the start of the current period of insurance. ‘ (4) If the employer does not pay the premium for the period by the due date for payment of the premium or an instalment of premium under an instalment plan, the employer is taken never to have made the election to insure. ˙ ‘ Amount payable to insure against payment for excess period—Act, s 71 ‘ 4M.(1) This section applies if an employer elects to insure under section 71 of the Act against the employer’s liability to pay for the excess period. ‘ (2) The amount payable by the employer is the greater of— (a) 8.5% of the employer’s premium for the period of insurance; or (b) $10.00. ‘ (3) For subsection (2)(a), the employer’s premium is— (a) if the employer elects to insure for the period of insurance and did not elect to insure for the preceding period of insurance— P = PP ; or (b) if the employer elects to insure for the period of insurance and elected to insure for the preceding period of insurance— P = AP - PPP + PP ; or (c) if the employer did not elect to insure for a period of insurance and elected to insure for the preceding period of insurance— P = AP - PPP ‘ (4) In this section— “P” means premium. “AP” means assessed premium for the preceding period of insurance. “PPP” means provisional premium for the preceding period of insurance. “PP” means provisional premium for the period of insurance.

s 6 16 s 6 WorkCover Queensland Amendment (No. 1) No. 161, 1997 ‘Division 3—Self-rating ˙ ‘ Definition for div 3 ‘ 4N. In this division— “liability” does not include liability for the excess period. ˙ ‘ Premium calculation—Act, s 74 ‘ 4O.(1) The premium for a period of insurance is calculated and charged on a provisional basis at the start of the period of insurance. ‘ (2) The assessed premium is calculated after the end of the period of insurance. ‘ (3) The premium payable at the start of a period of insurance is an amount calculated under the following formula— P = PP + AP – PPP x (1 + i) ‘ (4) In subsection (3)— “P” means premium payable. “PP” means the provisional premium for the period of insurance. “AP” means the assessed premium for the preceding period of insurance. “PPP” means the provisional premium for the preceding period of insurance. “i” means the rate of interest decided by WorkCover. ˙ ‘ Provisional premium ‘ 4P.(1) For section 4O, the provisional premium for a period of insurance is an amount calculated under the following formula— PP = (L + A) x 1.1 ‘ (2) In subsection (1)— “PP” means provisional premium. “L” means an actuarial estimate of expected liability from claims incurred during the period of insurance.

s 6 17 s 6 WorkCover Queensland Amendment (No. 1) No. 161, 1997 “A” means the amount charged for administrative costs associated with claims incurred during the period of insurance, calculated by multiplying L by 0.095. ˙ ‘ Assessed premium ‘ 4Q.(1) For section 4O, the assessed premium for a period of insurance is an amount calculated under the following formula— AP = P + L + J + A ‘ (2) In subsection (1)— “AP” means assessed premium. “P” means the value of actual payments made, less recoveries received, during the period of insurance for claims incurred during the period. “L” means an actuarial estimate of the outstanding liability at the end of the period of insurance for claims incurred during the period. “J” means the adjustment for liability for prior periods of insurance calculated under section 4R. “A” means the amount charged for administrative costs associated with claims incurred during the period of insurance, calculated by multiplying P + L + J by 0.095. ˙ ‘ Adjustment for liability for prior periods of insurance ‘ 4R.(1) For section 4Q, “J” is calculated under the following formula— J = P + L – PL x (1 + i) ‘ (2) In subsection (1)— “P” means the payments made during the period of insurance for claims incurred up to the end of the preceding period of insurance while registered as a self-rater. “L” means the actuarial estimate of the outstanding liability, assessed at the end of the period of insurance to which the premium relates, for claims included under P.

s 6 18 s 6 WorkCover Queensland Amendment (No. 1) No. 161, 1997 “PL” means the actuarial estimate of the outstanding liability, assessed at the end of the preceding period of insurance, for claims included under P. “i” means the interest rate decided by WorkCover. ˙ ‘ Interest rate ‘ 4S. The interest rate under sections 4O and 4R must be the same rate. ˙ ‘ Time for payment of premium and surcharge ‘ 4T.(1) A self-rater must pay the premium calculated under section 4O and the surcharge calculated under section 4H on or before the due date shown in the premium notice. ‘ (2) If a self-rater does not pay the premium and surcharge by the due date, the self-rater must pay an additional premium for late payment under section 4F. ˙ ‘ Conditions of registration—Act, s 83 ‘ 4U. A self-rater’s registration is subject to the following conditions— (a) the unconditional bank guarantee lodged under section 84 of the Act— (i) must be issued by a bank; and (ii) must not be issued by a bank that is a related body corporate to the self-rater; and (iii) must be satisfactory to WorkCover; (b) the annual assessment of estimated claims liability under section 84(3) of the Actmust be carried out under guidelines issued by WorkCover by industrial gazette notice; (c) the self-rater can not elect to insure against the self-rater’s liability to pay for the excess period.

s 6 19 s 6 WorkCover Queensland Amendment (No. 1) No. 161, 1997 ˙ ‘ Premium payable after cancellation of self-rater’s registration—Act, s 94 ‘ 4V.(1) This section applies if a former self-rater continues to be an employer after the self-rater’s registration is cancelled. ‘ (2) The premium payable by the former self-rater for the first 2 periods of insurance after cancellation is according to the method and at the rate specified by WorkCover by industrial gazette notice under section 58 of the Act as if the employer were a new employer. ‘ (3) However, the rate under subsection (2) cannot be less than the rate calculated under the following formula— R = (P + L + A) x 100 W ‘ (4) In this section— “R” means the premium rate. “P” means the actual payments made by WorkCover, less recoveries received, for claims incurred by the former self-rater during the final period of insurance. “L” means an actuarial estimate of the outstanding liability at the end of the last period of insurance as a self-rater for claims incurred during the final period of insurance. “A” means the administrative costs associated with claims incurred during the final period of insurance, calculated by multiplying P + L by 0.095. “W” means the wages of the self-rater during the final period of insurance. “final period of insurance” means— (a) for an employer registered as a self-rater for 3 or more years immediately before cancellation of registration—3 years; or (b) for an employer registered as a self-rater for less than 3 years immediately before cancellation of registration—the period of registration.

s 6 20 s 6 WorkCover Queensland Amendment (No. 1) No. 161, 1997 ˙ ‘ Reduction of amount “A” ‘ 4W. WorkCover may reduce the amount “A” mentioned in sections 4P, 4Q and 4V 11 by the amount WorkCover considers appropriate if the self-rater is given a function, power or role of WorkCover under section 88 12 of the Act. ˙ ‘ Actuarial procedure—self-raters ‘ 4X.(1) Actuarial estimates required under this division must be carried out by an actuary appointed by WorkCover. ‘ (2) The actuary must calculate the estimate under guidelines issued by WorkCover by industrial gazette notice. ‘Division 4—Self-insurance ˙ ‘ Application fees—Act, s 100 ‘ 4Y. For section 100 of the Act, the amount of the application fee is— (a) for a single employer—$15 000; or (b) for a group employer—$20 000. ˙ ‘ Annual levy and surcharge—Act, s 111 ‘ 4Z.(1) For section 111 of the Act— (a) the amount of the levy payable by a self-insurer is an amount calculated under the formula— L = (D - EDP + ED) x .05 ; and 11 Sections 4P (Provisional premium), 4Q (Assessed premium) and 4V (Premium payable after cancellation of self-rater’s registration—Act, s 94) 12 Section 88 (Conditions giving a self-rater some WorkCover functions and powers) of the Act

s 6 21 s 6 WorkCover Queensland Amendment (No. 1) No. 161, 1997 (b) the amount of the surcharge is 10% of deemed premium calculated under section 4G. 13 ‘ (2) A self-insurer must pay the levy and surcharge on or before the due date shown on the written notice of the amount of the levy and surcharge. ‘ (3) In subsection (1)(a)— “L” means annual levy. “D” means deemed premium for the preceding year of licence or, if licensed for only part of a year, the part of the year of the licence. “EDP” means deemed premium for the preceding year of licence or, if licensed for only part of a year, the part of the year of the licence, calculated under section 4G but using estimated wages instead of actual wages. “ED” means deemed premium for the year of licence or, if licensed for only part of the year, the part of the year of the licence, calculated under section 4G but using estimated wages instead of actual wages. ˙ ‘ Conditions of licence—Act, s 112 ‘ 4ZA. A self-insurer’s licence is subject to the following conditions— (a) for each year, or part of a year, of a licence—the self-insurer must lodge with WorkCover a declaration in the approved form of the self-insurer’s wages so that WorkCover can calculate the levy and surcharge; (b) the unconditional bank guarantee lodged under section 113 of the Act— (i) must be issued by a bank; and (ii) must not be issued by a bank that is a related body corporate to the self-insurer; and (iii) must be satisfactory to WorkCover; 13 Section 4G (Deemed premium)

s 6 22 s 6 WorkCover Queensland Amendment (No. 1) No. 161, 1997 (c) the annual assessment of estimated claims liability under section 113(3) of the Act must be carried out under guidelines issued by WorkCover by industrial gazette notice. ˙ ‘ Premium payable after cancellation of self-insurer’s licence—Act, s 125 ‘ 4ZB.(1) This section applies if a former self-insurer continues to be an employer after the self-insurer’s licence is cancelled but does not become a self-rater. ‘ (2) The premium payable by the former self-insurer for the first 2 periods of insurance after cancellation is to be calculated according to the method and at the rate specified by WorkCover by industrial gazette notice under section 58 14 of the Act as if the employer were a new employer. ‘ (3) However, the rate under subsection (2) cannot be less than the rate calculated under the following formula— R = (P + L + A) x 100 W ‘ (4) In subsection (3)— “R” means the premium rate. “P” means the actual payments made by the former self-insurer, less recoveries received and payments made that are the equivalent of amounts payable for the excess period, for claims incurred during the final period of licence. “L” means an actuarial estimate of the outstanding liability at the end of the self-insurer’s licence for claims incurred during the final period of licence, excluding liability for the excess period. “A” means the administrative costs associated with claims incurred during the final period of licence, calculated by multiplying P + L by 0.095. “W” means the wages of the self-insurer during the final period of licence. 14 Section 58 (Setting of premium) of the Act

s 7 23 s 8 WorkCover Queensland Amendment (No. 1) No. 161, 1997 “final period of licence” means— (a) for an employer licensed as a self-insurer for 3 or more years immediately before cancellation of the licence—3 years; or (b) for an employer licensed as a self-insurer for less than 3 years immediately before cancellation of the licence—the period of the licence. ˙ ‘ Actuarial procedure—self-insurers ‘ 4ZC.(1) Actuarial estimates required under this division must be carried out by an actuary approved by WorkCover. ‘ (2) The actuary must calculate the estimate under guidelines issued by WorkCover by industrial gazette notice.’. ˙ Insertion of new pt 3, div 1 hdg 7. Part 3, before section 5— insert— ‘Division 1—Students’. ˙ Amendment of s 5 (Insurance of work experience students) 8.(1) Section 5— insert— ‘( 3A) A student has the same entitlements to compensation as a worker. ‘ (3B) For the entitlements of a student to compensation, all the provisions of the Act under which entitlements are decided apply to the student in the same way as they would apply to a worker including, for example— • the provisions of chapter 3 (Compensation) • the provisions of chapter 7 (Medical Assessment Tribunals) • the provisions of chapter 9 (Reviews and Appeals).’. (2) Section 5(4), ‘Insurance’—

s 9 24 s 10 WorkCover Queensland Amendment (No. 1) No. 161, 1997 omit, insert— ‘However, insurance’. ˙ Amendment of s 6 (Insurance of industry placement students) 9.(1) Section 6— insert— ‘ (3A) A student has the same entitlements to compensation as a worker. ‘ (3B) For the entitlements of a student to compensation, all the provisions of the Act under which entitlements are decided apply to the student in the same way as they would apply to a worker including, for example— • the provisions of chapter 3 (Compensation) • the provisions of chapter 7 (Medical Assessment Tribunals) • the provisions of chapter 9 (Reviews and Appeals).’. (2) Section 6(4), ‘Insurance’— omit, insert— ‘However, insurance’. ˙ Insertion of new pt 3, divs 2–4 10. After section 6— insert— ‘Division 2—Eligible persons ˙ ‘ Proposal for contract of insurance—Act, s 26 ‘ 6A. For section 26 of the Act, an eligible person is taken to express a wish to enter into a contract of insurance with WorkCover by lodging a fully completed and signed proposal in the approved form with WorkCover.

s 10 25 s 10 WorkCover Queensland Amendment (No. 1) No. 161, 1997 ˙ ‘Documents to be kept by eligible person ‘ 6B.(1) This section applies if WorkCover has entered into a contract of insurance for chapter 1, part 4, division 3, subdivision 4 15 of the Act with an eligible person. ‘ (2) The eligible person must keep documents showing the remuneration or other benefit for performing work, or providing services, that the eligible person has received as an eligible person. ‘ (3) If the eligible person applies for weekly payments of compensation under chapter 3, part 8, division 4, subdivision 3 or division 5 16 of the Act but cannot substantiate remuneration or other benefit received, WorkCover may pay an amount WorkCover considers is reasonable. ‘Division 3—Other persons ˙ ‘ Contracts of insurance for other persons ‘ 6C.(1) This section applies if a contract of insurance for chapter 1, part 4, division 3, subdivision 5 17 of the Act provides for a matter to be decided by a medical assessment tribunal in accordance with chapter 7 of the Act or for an appeal to a court in accordance with chapter 9 of the Act. ‘ (2) The provisions of the Act apply and jurisdiction is conferred on the tribunal or court to hear and decide the matter. 15 Chapter 1 (Preliminary), part 4 (Basic concepts), division 3 (Persons entitled to compensation other than workers), subdivision 4 (Eligible persons) of the Act 16 Chapter 3 (Compensation), part 8 (Weekly payment of compensation), division 4 (Entitlement for total incapacity), subdivision 3 (Persons entitled to compensation other than workers and students), or division 5 (Entitlement for partial incapacity) of the Act 17 Chapter 1 (Preliminary), part 4 (Basic concepts), division 3 (Persons entitled to compensation other than workers), subdivision 5 (Other persons) of the Act

s 10 26 s 10 WorkCover Queensland Amendment (No. 1) No. 161, 1997 ‘Division 4—Contracts of insurance generally ˙ ‘ Entitlements of persons mentioned in ch 1, pt 4, div 3, subdivs 1, 2 and 4 ‘ 6D. For the entitlements of a person mentioned in chapter 1, part 4, division 3, subdivision 1, 2 or 4 18 of the Act to compensation, all the provisions of the Act apply to the person in the same way as they would apply to a worker including, for example— • the provisions of chapter 7 (Medical Assessment Tribunals) • the provisions of chapter 9 (Reviews and Appeals). ˙ ‘ WorkCover not liable if premium not paid ‘ 6E. WorkCover is not liable under a contract of insurance under chapter 1, part 4, division 3 of the Act if the premium for the contract has not been paid in full to WorkCover on or before the due date. ˙ ‘ Duty to report injury ‘ 6F.(1) This section applies if a person who is entitled to compensation under chapter 1, part 4, division 3 of the Act and is covered by a contract of insurance sustains an injury for which compensation may be payable. ‘ (2) However, this section does not apply to an eligible person. ‘ (3) The person with whom WorkCover has entered into the contract must complete a report in the approved form and send it to the nearest office of WorkCover. ‘ (4) The report must be sent immediately after the first of the following happens— (a) the person with whom WorkCover has entered into the contract knows the injury has been sustained; 18 Chapter 1 (Preliminary), part 4 (Basic concepts), division 3 (Persons entitled to compensation other than workers), subdivision 1 (Volunteers etc.), 2 (Persons performing community service) or 4 (Eligible persons) of the Act

s 11 27 s 13 WorkCover Queensland Amendment (No. 1) No. 161, 1997 (b) the person covered by the contract reports the injury to the person with whom WorkCover has entered into the contract; (c) the person with whom WorkCover has entered into the contract receives WorkCover’s written request for a report. ‘ (5) If the person with whom WorkCover has entered into the contract fails to comply with subsection (3) within 10 days after any of the circumstances mentioned in subsection (4), the person commits an offence, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.’. ˙ Amendment of s 42 (Costs before proceeding started) 11. Section 42(2)(a), (b) and (c), ‘schedule 1’— omit, insert— ‘schedule 6’. ˙ Replacement of pts 8 and 9 12. Parts 8 and 9— omit, insert— ‘ PART 8—MISCELLANEOUS ˙ ‘ Numbering and renumbering of regulation ‘ 45. In the first reprint of this regulation produced under the Reprints Act1992 , the provisions of this regulation must be numbered and renumbered as permitted by the Reprints Act 1992 , section 43.’. ˙ Replacement of sch 1 (Legal professional costs) 13. Schedule 1— omit, insert—

s 13 28 s 13 WorkCover Queensland Amendment (No. 1) No. 161, 1997 ‘ SCHEDULE 1 ‘ ADDITIONAL PREMIUM section 4C Time of lodgment of declaration Additional premium of wages On or after 1 September and not later than 31 October in 1 calendar year The greater of— (a) 5% of assessed premium for the period of insurance to which the declaration relates; or (b) $5.00 On or after 1 November and not later than 30 November in 1 calendar year The greater of— (a) 10% of assessed premium for the period of insurance to which the declaration relates; or (b) $10.00 On or after 1 December and not later than 31 December in 1 calendar year The greater of— (a) 15% of assessed premium for the period of insurance to which the declaration relates; or (b) $15.00 On or after 1 January in the next calendar year The greater of— (a) 20% of assessed premium for the period of insurance to which the declaration relates, or (b) $20.00.’.

s 14 29 s 14 WorkCover Queensland Amendment (No. 1) No. 161, 1997 ˙ Replacement of sch 6 (Consequential amendments) 14. Schedule 6— omit, insert— ‘ SCHEDULE 6 ‘ LEGAL PROFESSIONAL COSTS section 42 Column A Pre-proceeding notification and negotiation $2 000 Column B Compulsory conference $135 for the first hour or part of an hour $105 for each additional hour or part of an hour Column C Investigation by expert $270 Column D Pre-proceedings court applications $400 ’. ENDNOTES 1. Made by the Governor in Council on 19 June 1997. 2. Notified in the gazette on 20 June 1997. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is WorkCover Queensland. © State of Queensland 1997