Workers' Compensation Act 1990 (Qld)

Queensland WORKERS’ COMPENSATION ACT 1990 Reprinted as in force on 1 January 1996 (includes amendments up to Act No. 56 of 1995) Warning—see last endnote for uncommenced amendments Reprint No. 4 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 1 January 1996. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Minor editorial changes allowed under the provisions of the ReprintsAct1992 mentioned in the following list have also been made to— • update citations and references (pt 4 div 2) • update references (pt 4, div 3) • use standard punctuation consistent with current draftin practice (s 27) • use expressions consistent with current drafting practice (s 29) • use aspects of format and printing style consistent with current drafting practice (s 35) • omit provisions that are no longer required (s 37) • make all necessary consequential amendments (s 7(1)(k)). This page is specific to this reprint. See previous reprints for information about earlier changes made under the ReprintsAct1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • provisions that have not commenced and are not incorporated in the reprint • editorial changes made in the reprint, including— • table of changed names and titles • table of changed citations and remade laws • editorial changes made in earlier reprints.

Queensland WORKERS’ COMPENSATION ACT 1990 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 Application of Act to workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 PART 2—PROVISIONS FOR INTERPRETATION OF ACT 5 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6 Meaning of “injury” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6A Meaning of “certificate injury” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6B Meaning of “QOTE” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 7 Meaning of “spouse” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 8 Persons declared to be employers or workers . . . . . . . . . . . . . . . . . . . . . . . . 22 9 Persons declared not to be workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 10 Presumption as to work incident to trade or business . . . . . . . . . . . . . . . . . . 25 11 Computation of average weekly earnings . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 PART 3—WORKERS’ COMPENSATION BOARD Division 1—Constitution of board 12 Continuance of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 13 Composition of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 14 Selection of employers’ and workers’ representatives on board . . . . . . . . . 28 15 Deputies of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 16 Disqualifications from board membership . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 17 Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 18 Vacating office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 19 Casual vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

2 Workers’ Compensation Act 1990 Division 2—Conduct of board’s affairs 20 Board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 21 Adjournment of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 22 Procedure at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 23 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 24 Custody and affixing of seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 25 Execution of contracts, agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 26 Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 27 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Division 3—Administration of Act by board 28 Administration subject to Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 29 Appointment of officers to administer Act . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 30 Functions of general manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 31 General manager’s power of delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 32 Judicial notice of signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 33 Use of services of Crown employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 34 Engagement of consultants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 35 Annual report and financial statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 PART 4—ACCIDENT INSURANCE Division 1—Involvement of the State 36 The fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 37 Policies guaranteed by State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 38 Stamp duty etc. payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 39 Board’s recommendations to Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 40 Surplus or deficit of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Division 2—Policies with board 41 Board’s powers to undertake insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 42 Board as provider of accident insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 43 Board’s powers to reinsure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 44 Employer’s legal liability and obligation to insure . . . . . . . . . . . . . . . . . . . . 41 45 Policy cover on directors and trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 46 Policy cover on worker on loan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

3 Workers’ Compensation Act 1990 47 Extent of indemnity for principals and contractors . . . . . . . . . . . . . . . . . . . . 42 48 Obligation to establish existence of policy . . . . . . . . . . . . . . . . . . . . . . . . . . 43 49 Employer’s failure to fulfil obligation to insure . . . . . . . . . . . . . . . . . . . . . . . 44 50 Recovery of claims costs and unpaid premium . . . . . . . . . . . . . . . . . . . . . . . 45 51 Audit of wages and contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 51A Premium variation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 52 Discounting of premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 53 Default assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 54 Objection to default assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 55 Appeal to industrial magistrate from decision on default assessment . . . . . 48 56 Appeal to Industrial Court from decision of industrial magistrate . . . . . . . . 49 57 Powers of appellate courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 58 Refund of overpaid premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 59 Employer’s separate liabilities for 1 period of default . . . . . . . . . . . . . . . . . 50 60 Additional premium payable upon nonpayment of premium . . . . . . . . . . . . 50 61 Additional premium payable upon nonpayment of excess amount due by employer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 62 Additional premiums for out-of-State workers . . . . . . . . . . . . . . . . . . . . . . . . 51 PART 5—INVESTIGATION AND ENFORCEMENT Division 1—General 63 Functions of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 64 Authorised persons subject to directions from general manager . . . . . . . . . 52 65 Powers of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 66 Limitation on powers of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Division 2—Appointment of authorised persons and other matters 67 Appointment of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 68 Authorised person’s appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . 53 69 Authorised person’s identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 70 Display of authorised person’s identity card . . . . . . . . . . . . . . . . . . . . . . . . . 54 71 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Division 3—Powers of authorised persons 72 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 73 Entry to workplaces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

4 Workers’ Compensation Act 1990 74 Power to require information from certain persons . . . . . . . . . . . . . . . . . . . . 55 75 Keeping, and inspection, of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 76 Warrants for entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 77 Warrants—applications made other than in person . . . . . . . . . . . . . . . . . . . 57 78 Power to seize evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 79 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 80 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 81 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Division 4—Other enforcement matters 82 Authorised person to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . 59 83 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Division 5—Offences 84 Obstruction of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 85 Impersonation of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 86 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 87 False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . . . . . . . 61 PART 6—ENTITLEMENT TO COMPENSATION 88 Compensation to injured worker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 89 Effect on entitlement of exercising rights under other laws . . . . . . . . . . . . . 62 90 Where right to damages exists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 91 Injuries that arise out of or in the course of employment . . . . . . . . . . . . . . . 63 92 Compensation not payable in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . 66 93 Compensation entitlements of mariners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 94 Compensation entitlements of miners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 95 Special provision concerning compensation for loss of hearing . . . . . . . . . 68 96 Time from which compensation payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 97 Right to claim compensation cannot be relinquished . . . . . . . . . . . . . . . . . . 71 98 Appeals concerning claims and entitlements . . . . . . . . . . . . . . . . . . . . . . . . 71 PART 7—CLAIMS FOR COMPENSATION 99 Making of claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 100 Limitation of time for applying . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 101 Public trustee may act for claimant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

5 Workers’ Compensation Act 1990 102 Duty to report injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 103 Medical examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 104 Determination of claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 105 Appeal from industrial magistrate to Industrial Court . . . . . . . . . . . . . . . . . . 75 PART 8—PAYMENT OF COMPENSATION 106 Advances on account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 107 Regard to other benefits for workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 108 Entitlement of State employees to compensation . . . . . . . . . . . . . . . . . . . . . 76 109 Reviews of weekly payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 110 Misconduct of worker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 111 Remarriage or misconduct of surviving spouse . . . . . . . . . . . . . . . . . . . . . . . 78 112 Payment of lump sum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 113 Lump sum upon worker moving abroad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 114 To whom payments made in case of death . . . . . . . . . . . . . . . . . . . . . . . . . . 80 115 Total and partial dependants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 116 Investment of compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 117 Payment to minors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 118 Suspension of entitlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 119 Appeals against decisions under this part . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 120 Special provision concerning payment on account of mariners . . . . . . . . . . 81 121 Worker must notify board of return to work . . . . . . . . . . . . . . . . . . . . . . . . . . 82 122 Recovery of compensation overpaid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 123 Compensation entitlement not assignable or subject to execution . . . . . . . 83 123A Employer excess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 PART 9—QUANTUM OF COMPENSATION Division 1—Compensation (weekly payments) for total and partial incapacity 124 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 124A Amounts payable under awards, industrial agreements and contracts . . . . 85 124B Total incapacity—worker whose employment is governed by award or industrial agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 124C Total incapacity—worker whose employment is not governed by award or industrial agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86

6 Workers’ Compensation Act 1990 124D Total incapacity—certain contract workers . . . . . . . . . . . . . . . . . . . . . . . . . . 86 124E Total incapacity—certain waterside workers . . . . . . . . . . . . . . . . . . . . . . . . 87 124F Total incapacity—casual or part-time workers . . . . . . . . . . . . . . . . . . . . . . . 88 124G Total incapacity—worker receiving certain benefits under Commonwealth law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 124H Total incapacity—worker with more than 1 employer . . . . . . . . . . . . . . . . . 89 125 Total incapacity—prescribed volunteers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 126 When compensation under ss 124B–125 stops . . . . . . . . . . . . . . . . . . . . . . . 90 128 Compensation for partial incapacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Division 2—Compensation (lump sum) for injury resulting in permanent impairment 129 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 130 Compensation for injury resulting in permanent impairment . . . . . . . . . . . . 92 130A Assessment of degree of permanent impairment . . . . . . . . . . . . . . . . . . . . . . 93 130B Additional compensation for certain injuries . . . . . . . . . . . . . . . . . . . . . . . . . 93 131 Application of s 130 in particular cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 132 Offer and payment of compensation after assessment . . . . . . . . . . . . . . . . . 95 134 Maximum compensation for multiple s 130 injuries . . . . . . . . . . . . . . . . . . . 96 135 No further compensation after offer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Division 3—Compensation upon death of worker 136 Benefits for total or partial dependants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 137 Reduction of sum payable upon death . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 138 Reduced benefit to dependant who dies before payment of compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Division 4—Compensation for prescribed disfigurement 139 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 140 Entitlement to additional compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 141 Assessment of additional compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 142 Suspension of entitlement to compensation under division . . . . . . . . . . . . . 103 Division 5—Board’s liability for expenses 143 Board’s liability for treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 144 Extent of liability for medical treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 145 Board’s liability for prosthetic expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104

7 Workers’ Compensation Act 1990 146 Accounts for medical treatment, medical certificate . . . . . . . . . . . . . . . . . . 104 147 Review of fees or costs payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 148 Extent of board’s liability for hospital treatment . . . . . . . . . . . . . . . . . . . . . . 105 149 Maximum liability for hospitalisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 150 Extent of board’s liability for travelling expenses . . . . . . . . . . . . . . . . . . . . . 107 Division 6—Board’s liability for rehabilitation 151 Responsibility of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 152 Board’s liability for cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 153 Board’s liability for caring allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Division 7—Maximum entitlement for 1 incident 154 Maximum entitlement for 1 incident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Division 8—Variation of compensation payable 155 Variation of payments for mining diseases . . . . . . . . . . . . . . . . . . . . . . . . . . 111 156 Variation of payments for other injuries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 157 Construing entitlements in light of variation . . . . . . . . . . . . . . . . . . . . . . . . . 111 159 Application of division to existing benefits . . . . . . . . . . . . . . . . . . . . . . . . . . 112 PART 10—MEDICAL ASSESSMENT TRIBUNALS Division 1—Composition and proceedings of tribunals 160 Assessment tribunals to be maintained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 161 General Medical Assessment Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 162 Conditions of appointment to panels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 163 Chairperson and deputy chairperson of General Medical Assessment Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 164 Constitution of General Medical Assessment Tribunal for purpose of reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 165 Specialty medical assessment tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 166 Vacation of office as member or alternate member of specialty medical assessment tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 167 Constitution of specialty medical assessment tribunal in absence of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 168 Chairperson of specialty medical assessment tribunals . . . . . . . . . . . . . . . . 116 169 Proceedings of medical assessment tribunals . . . . . . . . . . . . . . . . . . . . . . . . 117 Division 2—Jurisdiction of tribunals 170 Meaning of term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117

8 Workers’ Compensation Act 1990 171 Reference to tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 172 Limitation of tribunals’ jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 173 Powers of tribunal to examine worker etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Division 3—Prescribed Disfigurement Assessment Tribunal 174 Tribunal to be constituted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 175 Proceedings of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 176 Jurisdiction of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Division 4—Proceedings for exercise of tribunals’ jurisdiction 177 Meaning of term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 178 Determinations in writing with reasons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 179 Further reference on fresh evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 180 Finality of tribunal’s determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 181 Right to be heard before tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 182 Determinations notified to claimant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 PART 11—ENTITLEMENT TO DAMAGES INDEPENDENTLY OF ACT 182A Application of ss 182B–182E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 182B Worker must make a choice about damages at law in certain cases . . . . . 124 182C Consequences of choosing to seek damages at law . . . . . . . . . . . . . . . . . . . 124 182D Access to common law damages if no previous offer of lump sum compensation made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 182E Decision not to seek damages at law reviewable in certain circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 183 Reduction of damages recoverable at law . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 184 Assessment by court of total liability of fund . . . . . . . . . . . . . . . . . . . . . . . . 129 185 Notice to board of claims for damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 186 Recovery of damages from board if employer not available . . . . . . . . . . . . 130 187 Board’s carriage of proceedings in which it is joined . . . . . . . . . . . . . . . . . . 131 188 Court procedures on claims affected by s 185 or 186 . . . . . . . . . . . . . . . . . . 132 189 Status of worker or employer extends to claims for damages . . . . . . . . . . . 132 190 Board’s charge on damages for compensation paid . . . . . . . . . . . . . . . . . . . 132 191 Requirements of part to prevail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 192 Meaning of “this Act” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134

9 Workers’ Compensation Act 1990 PART 12—MISCELLANEOUS PROVISIONS 193 Offence to charge worker for compensation for injury . . . . . . . . . . . . . . . . . 134 194 Offences involving fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 195 Board’s liability confined to compensation . . . . . . . . . . . . . . . . . . . . . . . . . . 136 196 Proceedings for offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 197 Recovery of debts under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 198 Recovery of amounts from State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 199 Powers of industrial magistrate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 200 Evidentiary value of certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 201 Entitlements to compensation independently of Act prohibited and void . . 140 202 Disclosure of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 203 Board’s information not actionable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 204 General manager may waive or reduce prescribed addition to premium . . 142 205 Service of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 206 References to Workers’ Compensation Act 1916 . . . . . . . . . . . . . . . . . . . . . 143 206A Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 PART 13—REGULATIONS 207 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 208 Board’s power to fix premiums and charges when regulations silent . . . . . 147 PART 14—TRANSITIONAL AND SAVING PROVISIONS 209 Application of Act to existing policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 210 References in other Acts etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 211 Continuance of existing offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 212 Claims relating to injury predating Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 213 Claims relating to injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 214 Application of amendments made by Common Law Practice andWorkers’ Compensation Amendment Act 1994 . . . . . . . . . . . . . . . . . . . . . . 150 215 Transitional provision about forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 152 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153

10 Workers’ Compensation Act 1990 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 8 Table of changed names and titles . . . . . . . . . . . . . . . . . . . . . . . . . . 164 9 Table of changed citations and remade laws . . . . . . . . . . . . . . . . . . 165 10 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . 165 11 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 12 Provisions that have not commenced and are not incorporated into reprint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174

s 1 11 s 3 Workers’ Compensation Act 1990 WORKERS’ COMPENSATION ACT 1990 [as amended by all amendments that commenced on or before 1 January 1996] An Act to provide for compensation and rehabilitation of injured workers and for related purposes PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Workers’ Compensation Act 1990 . ˙ Objects of Act 3. The objects of this Act are— (a) to provide for the maintenance of a system of accident insurance providing adequate and suitable cover for workers who suffer injury and for dependants of workers whose deaths result from injury; and (b) to meet the needs of workers and dependants mentioned in paragraph (a), including the need for adequate income and appropriate medical treatment; and (c) to seek the participation of injured workers in suitable rehabilitation programs with a view to their early return to productive work; and (d) to encourage safety in industry; and (e) to protect the interests of employers in relation to claims for damages because of injury to a worker; and (f) to provide for the efficient and economic administration of the system of accident insurance referred to in paragraph (a).

s 4 12 s 5 Workers’ Compensation Act 1990 ˙ Application of Act to workers 4. This Act applies so as to confer an entitlement in respect of injury suffered by a worker— (a) on the worker; or (b) if the injury is, or results in, the worker’s death—on the worker’s dependants; if— (c) the worker is in Queensland at the time the injury is suffered; or (d) the worker is not in Queensland at the time the injury is suffered, if— (i) the worker entered into the contract of service or apprenticeship (in respect of the employment out of, or in the course of, which the injury arose) in Queensland with an employer who, at the time the contract was entered into, had a place of employment, or was present, in Queensland; and (ii) the worker commenced employment under the contract in Queensland; and (iii) employment under the contract is, or was, with the knowledge and consent of the employer, carried out partly in Queensland and partly outside Queensland; unless, in the board’s opinion, the worker has been continuously employed outside Queensland for longer than 2 years; and in no other case. PART 2—PROVISIONS FOR INTERPRETATION OF ACT ˙ Interpretation 5.(1) In this Act— “accident insurance” means insurance by which an employer is

s 5 13 s 5 Workers’ Compensation Act 1990 indemnified against all sums for which the employer may become legally liable, in respect of injury to a worker employed by the employer, in respect of— (a) compensation under this Act; and (b) damages arising under circumstances creating also, independently of this Act, a legal liability in the employer to pay such damages, other than a liability against which the employer is required to provide under some other Act of Queensland or a law of another State or a Territory, or of the Commonwealth or of another country. “approved form” see section 206A. 1 “authorised person” means a person who is appointed as an authorised person. 2 “average weekly earnings” means the average weekly earnings of an injured worker from employment (continuous or intermittent) had by the worker— (a) in the period of 12 months; or (b) if the worker has not had such employment over so long a period—in the period in which the worker has had such employment; immediately preceding the day on which the worker suffered the injury. “award” means an award within the meaning of— (a) the Industrial Relations Act 1990 ; or (b) the Industrial Relations Act 1988 (Cwlth). “AWE” means average weekly earnings. “board” means the Workers’ Compensation Board of Queensland preserved, continued in existence and constituted under this Act. “certificate injury” see section 6A. 1 Section 206A (Approval of forms) 2 Authorised persons are appointed under section 67.

s 5 14 s 5 Workers’ Compensation Act 1990 “coaster” means a ship, wherever registered, that for the time being voyages only between 2 or more ports in the State. “Crown ship” means a ship that is owned by, or is in the possession (under charter) of, the Crown in right of the State, on which are employed mariners in employment by a department of government or by or under the Crown in right of the State. “department of government ” includes Queensland Rail. “dependants” means such members of the family of a worker as— (a) in the case of a deceased worker—were wholly or partially dependent on the earnings of the worker at the time of the worker’s death, or, but for the worker’s incapacity due to injury, would have been so dependent; (b) in the case of an injured worker—were wholly or partially dependent on the earnings of the worker at the time the worker suffered the injury. “director” , in relation to a corporation, includes— (a) a person holding or acting in the position of a director of the corporation, by whatever name called, whether or not the person was validly appointed to hold, or is duly authorised to act in, the position; and (b) a person in accordance with whose directions or instructions the corporation is ordinarily controlled. “employer” means an entity that employs a worker, and includes— (a) a government entity; and (b) the legal personal representative of a deceased employer; and (c) a person who is an employer, or a person by whom a worker is employed, because of any of the following provisions— • section 8 (Persons declared to be employers or workers) • section 47 (Extent of indemnity for principals and contractors) • section 183(3) (Reduction of damages recoverable at law). “fund” means the Workers’ Compensation Fund kept at the Treasury

s 5 15 s 5 Workers’ Compensation Act 1990 because of this Act. “general manager” means the general manager of the board. “government entity” means the State, a State agency or instrumentality or a GOC. “government worker” means a worker employed by a government entity. “hospitalisation” means medical treatment provided to a person as an in-patient at a hospital. “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. “impairment” , from injury for a worker, means a loss of, or loss of efficient use of, any part of the worker’s body. “industrial agreement” means an industrial agreement, certified agreement or enterprise flexibility agreement under the Industrial Relations Act1990 . “injury” see section 6. “jockey” means a person who is licensed as a jockey under the Racing andBetting Act 1980 by the Queensland Principal Club or the Queensland Harness Racing Board. “mariner” means a worker employed on a ship by the owner or charterer of the ship— (a) as a master or an officer; or (b) as crew or an apprentice; or (c) in any other capacity. “medical treatment” includes— (a) treatment by— (i) a registered medical practitioner; or (ii) a registered dentist; or (iii) a registered physiotherapist; or (iv) a registered occupational therapist; or

s 5 16 s 5 Workers’ Compensation Act 1990 (v) a registered psychologist; or (vi) a registered chiropractor and osteopath; or (vii) a registered podiatrist; or (viii)a registered speech pathologist; and (b) provision of diagnostic procedures or skiagrams; and (c) provision of nursing, medicines, medical or surgical supplies, curative apparatus, crutches or other devices of assistance. “member of the family” means— (a) a spouse; or (b) a parent, grandparent and step-parent; or (c) a child, grandchild and stepchild; or (d) a brother, sister, half-brother and half-sister; and includes a person who stands in loco parentis to another person and that other person. “non-policy compensation arrangement” means an arrangement (other than a policy for a contract of accident insurance) between the board and a government entity for compensation in relation to an injury sustained by a worker or another individual. “permanent impairment” , from injury, means a permanent impairment from an injury that is stable and stationary and not likely to improve with further medical or surgical treatment. “place of employment” means the premises, works, plant, or place for the time being occupied by, or under the control or management of, the employer by whom a worker concerned is employed, and in, on, at, or in connection with which the worker was working at the time the worker suffered injury. “policy” means a policy for a contract of accident insurance, and includes— (a) existing policies of accident or other insurance declared to be policies to which this Act applies; 3 and 3 See section 209 (Application of Act to existing policies).

s 5 17 s 5 Workers’ Compensation Act 1990 (b) a non-policy compensation arrangement. “port” includes any harbour. “prescribed disfigurement” means severe facial disfigurement or severe bodily scarring. “private hospital” means a hospital other than a public hospital. “public hospital” means a hospital controlled by a Regional Health Authority established under the Health Services Act 1991 . “QOTE” see section 6B. “Queensland ship” means a ship— (a) that is a Crown ship; or (b) that is a coaster; or (c) whose first port of clearance and whose destination are in the State; or (d) that, being engaged in fishing operations, discharges its catch at a port in the State, or to a mother ship that discharges its cargo at a port in the State, and does not engage in those operations within the territorial waters of a country other than Australia. “record” means any collection of data, in whatever form it is held, whether in books, documents, papers, or visual representation, or on film, disc, tape, perforated roll or other device in which visual representations or sounds are embodied so as to be capable of reproduction from it, with or without the aid of another process or instrument. “registered” , in relation to a person who is held out as providing, or qualified to provide, medical treatment, means registered under the law of the place where the medical treatment is provided as a person lawfully entitled to provide that medical treatment in that place. “registered person” means a registered person of a description referred to in the definition “medical treatment”. “serious injury” , for sections 182A and 182C, see section 182A(2). “ship” means a ship, boat, or vessel of any kind designed for use in or on water. “spouse” see section 7.

s 5 18 s 5 Workers’ Compensation Act 1990 “State” includes Territory. “statutory maximum compensation” , means an amount equal to the maximum amount of compensation payable under section 154(1)(c). “student” , for part 9, division 3, 4 means a person under 21 years who is receiving full-time education at a school, college, university or similar institution. “table of injuries” means the table of injuries prescribed under regulation. “uninsured worker” means a worker in respect of whom a policy is not maintained. “worker” means a person who works under a contract of service or apprenticeship or otherwise with an employer in work of any description, whether the contract is oral or written, express or implied, and includes— (a) a person declared by section 8, or otherwise prescribed, to be a worker for the purposes of this Act; (b) a person to whom, or on whose account, compensation under this Act is payable in respect of an injury suffered by the person as a worker; but does not include a person declared by section 9 not to be a worker for the purposes of this Act. (2) A reference in this Act to a worker who has suffered injury includes, if the worker is deceased, reference to— (a) a legal personal representative of the worker; and (b) dependants of the worker; and (c) any other person to whom or for whose benefit compensation is payable under this Act because of the injury. (3) A reference in this Act to compensation under this Act includes— (a) expenses paid or payable under this Act to or on account of a worker in respect of an injury; and 4 Part 9 (Quantum of compensation), division 3 (Compensation upon death of worker)

s 6 19 s 6 Workers’ Compensation Act 1990 (b) expenditure by the board in securing— (i) medical treatment or assessment of a worker; or (ii) any other treatment of or benefit for a worker; or (iii) rehabilitation of a worker; and (c) amounts paid by the board by way of deductions for taxation or other obligations of a worker. (4) In the application of a provision of this Act in relation to oral injury, or in respect of a worker who has suffered such injury, a reference in that provision to a registered medical practitioner includes reference to a registered dentist, who in respect of such injury may lawfully issue a prescribed certificate of medical practitioner. (5) For the purposes of this Act, damage to or destruction of— (a) a prosthesis actually fitted to a person; or (b) a device of assistance being— (i) crutches; or (ii) spectacles; or (iii) medical aids; while in actual use by a person for a purpose for which the device is intended; is taken to be personal injury to that person. ˙ Meaning of “injury” 6.(1) In this Act— “injury” means personal injury arising out of, or in the course of, employment if the employment was a significant contributing factor to the injury. (2) “Injury” includes— (a) a disease contracted in the course of employment, whether at or away from the place of employment, if the employment was a significant contributing factor to the contracting of the disease; and

s 6B 20 Workers’ Compensation Act 1990 s7 (b) an aggravation or acceleration of a disease if the employment was a significant contributing factor to the aggravation or acceleration; and (c) loss of hearing resulting in the condition known as industrial deafness if the employment was a significant contributing factor to the loss of hearing; and (d) death from personal injury arising out of, or in the course of, employment if the employment was a significant contributing factor to the personal injury; and (e) death from a disease mentioned in paragraph (a), or an aggravation or acceleration of a disease mentioned in paragraph (b), if the employment was a significant contributing factor to the disease, aggravation or acceleration. (3) “Injury” does not include a personal injury, disease, or aggravation or acceleration of a disease, suffered by a worker because of— (a) reasonable disciplinary action taken in a reasonable way against the worker in connection with the worker’s employment; or (b) reasonable action taken in a reasonable way to transfer or redeploy the worker in connection with the worker’s employment; or (c) failure by the worker to obtain a promotion, transfer or benefit in connection with the worker’s employment. ˙ Meaning of “certificate injury” 6A.(1) A “certificate injury” for a worker means— (a) a psychiatric or psychological injury entitling the worker, in the board’s opinion, to lump sum compensation of at least 20% of statutory maximum compensation; or (b) another injury entitling the worker, in the board’s opinion, to lump sum compensation of at least 20% of statutory maximum compensation. (2) A “certificate injury” does not include an injury entitling the worker, in the board’s opinion, to lump sum compensation of at least 20% of statutory maximum compensation if the entitlement arises only by

s 8 21 s 8 Workers’ Compensation Act 1990 combining the worker’s entitlement to lump sum compensation for both— (a) a psychiatric or psychological injury; and (b) another injury. ˙ Meaning of “QOTE” 6B. “QOTE” , for a financial year, is the amount of Queensland full time adult persons ordinary time earnings as declared by the Australian Statistician in the statistician’s report about average weekly earnings published immediately before the start of the financial year. 5 ˙ Meaning of “spouse” 7.(1) For an injured worker, “spouse” includes a person who, although not legally married to the injured worker, lived with the worker as the worker’s husband or wife— (a) for a continuous period of at least 1 year immediately before the injury happened and who continues to live with the worker after the injury; or (b) if the worker has a dependant who is a child of the relationship—immediately before the injury happened and who continues to live with the worker after the injury. (2) For a deceased worker, “spouse” includes a person who, although not legally married to the deceased worker, lived with the worker as the worker’s husband or wife— (a) for a continuous period of at least 1 year immediately before the death; or (b) if the worker left a dependant who is a child of the relationship—immediately before the death. (3) For this section— “child of the relationship” means a child of the worker and the other person, and, for a deceased worker, includes a child born after the 5 The publication is currently entitled ‘Average Weekly Earnings States and Australia’.

s 8 22 s 8 Workers’ Compensation Act 1990 death. “dependant” includes— (a) for an injured worker—a child born after the injury happens who is wholly or partially dependent on the worker’s earnings after the child’s birth; and (b) for a deceased worker—a child born after the death happens who would have been wholly or partially dependant on the worker’s earnings after the child’s birth if the worker had not died. ˙ Persons declared to be employers or workers 8.(1) For the purposes of this Act, a person declared by a provision of this section to be an employer or a worker is an employer or, as the case may be, a worker in the circumstances prescribed by the provision. (2) Where a holding company lets on hire the services of a waterside worker or a supervisor stevedore— (a) the holding company is the employer of the waterside worker or supervisor stevedore before the worker or stevedore commences work for the person to whom the services are let on hire, and after the termination of the hire; and (b) the person to whom the services are let on hire is the employer of the waterside worker or the supervisor stevedore upon the worker or stevedore commencing work for that person under the hire, until the termination of the hire. (3) Except as prescribed by subsection (2), a person who lends or lets on hire the services of a worker who is party to a contract of service with that person continues to be the employer of the worker while the worker’s services are so lent or let on hire. (4) A labour hire agency that arranges, for reward, for a worker who is party to a contract of service with the agency to do work for someone else continues to be the worker’s employer while the worker does the work for the other person under an arrangement made between the agency and the other person. (5) A person who works under a contract, or at piecework rates, for labour only or substantially for labour only, including one who supplies

s 9 23 s 9 Workers’ Compensation Act 1990 tools of trade designed for use by hand, is a worker for the purposes of this Act, employed by the person for whom the labour is provided. (6) A tributer working in a mine within the meaning of the MinesRegulation Act 1964 , and any wages-worker employed by the tributer in the mine, is a worker employed by the person with whom the tributer has made the tribute agreement. (7) A jockey riding or driving a horse on a racecourse, or doing on the racecourse anything incident to riding or driving a horse on the racecourse, is a worker employed by the club or association for the time being in occupation of the racecourse. (8) A person who works a farm as a sharefarmer, and any wages-worker employed by that person, is a worker employed by the owner of the farm except where— (a) the sharefarmer provides and uses in the sharefarming operations farm machinery driven or drawn by mechanical power; and (b) the sharefarmer is entitled to not less than two-thirds of the proceeds of the sharefarming operations under the sharefarming agreement; in which excepted case the sharefarmer is not a worker and the owner of the farm is not the employer of any such wages-worker. (9) A salesperson, canvasser, collector, or other person paid wholly or partly by commission is a worker employed by the person by whom the commission is payable, except where the commission is received for or in connection with work incident to a trade or business regularly carried on by the salesperson, canvasser, collector, or other person, individually or by means of a partnership. (10) If a contract is made with a contractor (other than a person declared by section 9 not to be a worker) for the performance of work that is not incident to a trade or business regularly carried on by the contractor, individually or by means of a partnership, and the contractor— (a) neither sublets the contract nor employs a wages-worker; or (b) although employing a wages-worker, performs part of the work personally; the contractor, and any wages-worker employed by the contractor in

s 10 24 s 10 Workers’ Compensation Act 1990 performance of the work, is a worker employed by the person who makes the contract with the contractor. (11) In this section— “arrangement” includes agreement, promise, scheme, transaction, understanding and undertaking (whether express or implied). “holding company” means— (a) for a waterside worker—Stevedoring Employers of Australia Limited or its successor; or (b) for a supervisor stevedore—the Association of Employers of Waterside Labour or its successor. “labour hire agency” means an entity, other than a holding company, that conducts a business that includes the supply of services of workers to others on a temporary basis. ˙ Persons declared not to be workers 9. For the purposes of this Act, a person of a description specified in a provision of this section is not a worker in the capacity described except in circumstances prescribed by the provision— (a) a person, other than a person mentioned in section 8(7), 6 who, as a professional sportsperson— (i) participates in a sporting or athletic activity as a contestant; or (ii) is training or preparing for participating in a sporting or athletic activity as a contestant; or (iii) performs promotional activities offered to the person because of the person’s standing as a sportsperson; or (iv) engages on any daily or other periodic journey in connection with the participation, training or performance; or (b) a member of the crew of a fishing vessel, if the member’s entitlement to remuneration is contingent upon the working of the vessel producing gross earnings or profits and the remuneration is 6 Section 8(7) refers to jockeys.

s 11 25 s 11 Workers’ Compensation Act 1990 wholly or mainly a share of the gross earnings or profits; or (c) a person who supplies any material used in performance of a contract or in provision of the person’s labour at piecework rates, being material incorporated in the product of the work performed; or (d) a person who works under a contract, other than a contract of service or apprenticeship in a calling governed by any award or industrial agreement, and who supplies and uses in performance of the contract— (i) equipment, plant, machinery (other than tools designed for use by hand), or a motor vehicle (being a commercial motor vehicle fitted with a commercial type body) used for carrying goods (other than tools designed for use by hand) or animals; or (ii) a motor vehicle of any kind used for driving tuition; or (e) a member of a partnership as defined in the PartnershipAct1891 , section 5 and as determined in accordance with rules specified in section 6 of that Act; or (f) a director of a corporation, unless, where the director works for the corporation under a contract of service or apprenticeship, the director is specially insured under or is specially covered by a policy under the director’s election to be so insured or covered; or (g) a trustee, unless the trustee is specially insured under or is specially covered by a policy under the trustee’s election to be so insured or covered. ˙ Presumption as to work incident to trade or business 10. If under a contract— (a) work is performed by a contractor who regularly carries on a trade or business such that work of the kind performed under the contract is ordinarily performed in or in connection with that trade or business; and (b) in the performance of the contract the contractor supplies materials or uses equipment, plant, machinery (other than tools

s 12 26 s 12 Workers’ Compensation Act 1990 designed for use by hand) or a motor vehicle (being a commercial motor vehicle fitted with a commercial type body) used for carrying goods (other than tools designed for use by hand) or animals; it is to be conclusively presumed that the work performed under the contract is work incident to the trade or business regularly carried on by the contractor. ˙ Computation of average weekly earnings 11. For the purposes of this Act, the computation of average weekly earnings of a worker for work performed is to be made in accordance with the following provisions— (a) in such computation— (i) sums paid by way of overtime may be taken into account; and (ii) sums paid to the worker for special expenses entailed on the worker by the nature of the employment are not to be taken into account; (b) if, because of— (i) the period of time for which a worker has been employed; or (ii) the terms of a worker’s employment; it is impracticable, at the date of injury to the worker to compute the rate of the worker’s remuneration—regard is to be had to the average weekly earnings during the period of 12 months immediately before such date of a person in the same grade, employed in the same work, by the same employer, as that of the worker, or, if there be no such person, of a person in the same grade, employed in the same class of employment, and in the same district as that of the worker; (c) if a worker has worked under concurrent contracts of service with 2 or more employers, under which the worker has worked at one time for 1 and at another time for another of the employers—the worker’s average weekly earnings are to be computed as if earnings under all such contracts were earnings in the

s 12 27 s 12 Workers’ Compensation Act 1990 employment of the employer for whom the worker was working when the injury was suffered; (d) if computation as prescribed of average weekly earnings would, in the general manager’s opinion, be unfair to a worker concerned—the average weekly earnings may be computed in a manner considered by the general manager to be fair to the worker, and, as so computed, are to be taken as the average weekly earnings of the worker. PART 3—WORKERS’ COMPENSATION BOARD Division 1—Constitution of board ˙ Continuance of board 12.(1) The body corporate constituted immediately before the commencement of this Act under the name and style ‘Workers’ Compensation Board of Queensland’ is preserved and continued in existence under this Act and is to be constituted from time to time as prescribed. (2) The board has perpetual succession and a common seal and, subject to this Act, is capable in law of suing and being sued, of compounding or proving in a court of competent jurisdiction all debts and sums due to it, of acquiring, holding, demising, letting, and alienating property, real and personal, and of doing and suffering all such acts and things as bodies corporate may in law do and suffer. (3) The board has the functions and duties and may exercise the powers and authorities conferred on it by this Act. (4) The board represents the Crown in right of the State and, except as prescribed, is entitled to the rights, privileges and immunities of the Crown.

s 15 28 s 15 Workers’ Compensation Act 1990 ˙ Composition of board 13. The board consists of 7 members appointed by the Governor in Council by industrial gazette notice, as follows— (a) 1 person to be both a member and chairperson; (b) 1 person, representing the Government of the State, who is deputy chairperson; (c) a medical practitioner who is an officer of the department that deals with matters under the Health Act 1937 ; (d) 2 persons representing employers, each being a person whose name— (i) is submitted under section 14 to the Minister, for the purpose of such nomination, by an industrial organisation, or other association, of employers; or (ii) is to be taken under section 14(4) to have been so submitted; (e) 2 persons representing workers, each being a person whose name— (i) is submitted under section 14 to the Minister, for the purpose of such nomination, by an industrial organisation of employees, or an association of such organisations; or (ii) is to be taken under section 14(4) to have been so submitted. ˙ Selection of employers’ and workers’ representatives on board 14.(1) At least 6 weeks before the Minister proposes to nominate for appointment to the board a person representing the class referred to in section 13(d) or (e) the Minister is to require— (a) industrial organisations or other associations of employers; and (b) industrial organisations of employees, or associations of such organisations; to submit to the Minister, within a time specified in the requisition, the name of a person, or names of persons, suitable for nomination for appointment as a member of the board under section 13(d) or (e), as the case may be. (2) Notice of a requisition under subsection (1) may be given—

s 15 29 s 15 Workers’ Compensation Act 1990 (a) in writing, by such means as the Minister considers appropriate; and (b) to such bodies of persons as the Minister considers appropriate. (3) If upon expiry of the time limited in a requisition under subsection (1) for submission of names to the Minister there has not been received by the Minister— (a) the names of at least 3 persons submitted for nomination for appointment under section 13(d); or (b) the names of at least 3 persons submitted for nomination for appointment under section 13(e); the Minister may proceed to nominate for appointment under section 13(d) or (e) such person as the Minister considers suitable, whether or not the nominated person’s name has been duly submitted in response to the requisition under subsection (1), without further reference to the organisations, or associations, that have failed to ensure the submission of the names of at least 3 persons in response to the requisition. (4) If under subsection (3), the Minister nominates for appointment to the board a person whose name was not submitted by an organisation or association required under subsection (1) so to do, it is to be taken that such person’s name was duly submitted to the Minister, for such nomination, by the organisations, or associations, that have failed to ensure the submission of the names of at least 3 persons in response to the requisition. ˙ Deputies of members 15.(1) The Governor in Council may at any time appoint a person who is not a member of the board to be a deputy of a member of the board. (2) A person appointed as a deputy of a member of the board is entitled to act as a member of the board in the member’s absence. (3) Appointment of a deputy of a member of the board must, as far as practicable, satisfy the requirements of this Act applicable to the nomination of the member whose deputy is to be appointed, except that it is not mandatory to carry out the procedure prescribed by section 14(1).

s 16 30 s 18 Workers’ Compensation Act 1990 ˙ Disqualifications from board membership 16. A person who— (a) is a patient within the meaning of the Mental Health Act 1974 ; or (b) is an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankruptcy; or (c) has been convicted in the State of an indictable offence or elsewhere than in the State in respect of an action or omission such that had it occurred in the State it would have constituted an indictable offence, except where the Minister certifies in writing that in the Minister’s opinion the circumstances of the offence, action or omission do not warrant disqualification from membership of the board; is disqualified from being, or continuing as, a member of the board. ˙ Term of office 17.(1) A member of the board holds office for a term of 5 years, but if by the expiry of that term a successor has not been duly appointed, the member, subject to this Act, continues to hold office until a successor is duly appointed. (2) The Governor in Council may, at any time, remove from office a member of the board by industrial gazette notice. (3) A member of the board as constituted immediately before the commencement of this Act continues to hold office as such member subject to the provisions of this Act. ˙ Vacating office 18.(1) The office of a board member becomes vacant if the member— (a) dies; or (b) resigns from office by signed notice of resignation given to the Minister; or (c) is absent from 3 consecutive meetings of the board without the board’s leave and without reasonable excuse; or

s 19 31 s 20 Workers’ Compensation Act 1990 (d) becomes disqualified in a way prescribed by regulation; or (e) is removed from office by the Governor in Council. (2) A member of the board is taken not to have been absent from a meeting of the board because of a failure to attend at the time and place notified to the member for the meeting unless a meeting of the board is actually held at that time and place, or at a later hour on the same day and the member has been given due notice of the later hour. ˙ Casual vacancy 19.(1) When a vacancy occurs in the office of a member of the board before the expiry of the term of appointment, the Governor in Council may appoint as prescribed another person to the office for the balance of the term of appointment. (2) If the member in whose office a vacancy has occurred was also chairperson of the board, the successor appointed under subsection (1) is also chairperson. Division 2—Conduct of board’s affairs ˙ Board meetings 20.(1) The board is to meet as often as is necessary for the discharge of its functions and the exercise of its powers under this Act. (2) The chairperson may convene a meeting of the board at any time. (3) Notice of a meeting, or an adjourned meeting, must be in writing given by the chairperson to each member of the board at least 7 days before the day appointed for the meeting, except where, in the case of an adjourned meeting, the adjournment is to a later hour on the same day as that appointed for the meeting, in which event oral or written notice must be given by the chairperson to each member at least 1 hour before the hour to which the meeting is adjourned.

s 21 32 s 22 Workers’ Compensation Act 1990 ˙ Adjournment of meetings 21.(1) The members present at a meeting may adjourn the meeting at any time. (2) If a quorum is not present at a meeting within 15 minutes after the time appointed for commencement of the meeting, the member or members present, or the majority of them if there be more than 2 present, or the secretary to the board if no member is present or the members present are equally divided on the question, may adjourn the meeting— (a) to a time and day not later than 14 days after the date of the adjournment; or (b) to a later hour on the date of the adjournment. ˙ Procedure at meetings 22.(1) The chairperson of the board is to preside at all meetings at which that person is present and, in that person’s absence, the deputy chairperson of the board is to preside. (2) When the deputy chairperson presides at a meeting, that person has all the functions and powers of the chairperson conferred by this Act. (3) A quorum of the board consists of 4 members, including the chairperson or deputy chairperson, and business is not to be conducted at a meeting of the board unless a quorum is present. (4) Business at a meeting is to be decided by majority vote of the members present and voting on the business in question. (5) Business of the board decided by reference in writing to the members of the board is to be decided by majority vote of the members voting on the business in question in response to the reference. (6) A member who refrains from voting is to be taken to have cast a vote in the negative except if the member refrains because of a conflict of interest declared by the member. (7) The person who presides at a meeting, or, where business of the board is decided by a reference in writing, the chairperson has a deliberative vote and also, in the event of an equality of votes, a casting vote. (8) Subject to this Act, the board may conduct its business generally, and

s 23 33 s 25 Workers’ Compensation Act 1990 proceedings at its meetings, in such manner as it determines from time to time. ˙ Minutes 23.(1) The chairperson of the board is to cause a record of every decision of the board, whether made at a meeting or by reference in writing to the members, to be kept. (2) The record of each decision of the board must be presented to the meeting of the board next following the taking of the decision for confirmation by the board and, if it is so confirmed, must be signed by the person presiding at that meeting and forms part of the minutes of that meeting. ˙ Custody and affixing of seal 24.(1) The common seal of the board is in the custody of the secretary to the board or, where there is a temporary vacancy in that position, of the chairperson of the board. (2) The common seal can be lawfully affixed to a document only in pursuance of a resolution of the board by the person having custody of the seal in accordance with this section. (3) Where that person is the secretary to the board, the common seal is to be affixed in the presence of the chairperson or, in the absence of the chairperson, of the deputy chairperson. (4) Judicial notice is to be taken of the common seal of the board affixed to any document or other writing and, until the contrary is proved, it is to be presumed that the seal has been duly affixed to it. ˙ Execution of contracts, agreements 25. Contracts or agreements may be made, varied or discharged on behalf of the board in the following manner— (a) a contract or agreement that, if made between private persons, would be required by law to be in writing under seal may be made, varied or discharged in the name and on behalf of the

s 26 34 s 27 Workers’ Compensation Act 1990 board, in writing under the common seal of the board; (b) a contract or agreement that, if made between private persons, would be required by law to be in writing signed by the parties to be charged with it and not required to be under seal may be made, varied or discharged in the name and on behalf of the board, in writing signed by any person acting under the express or implied authority of the board; (c) a contract or agreement that, if made between private persons, would by law be valid although made by parol only and not reduced into writing, may be made, varied or discharged by parol in the name and on behalf of the board, by any person acting under the express or implied authority of the board. ˙ Authentication of documents 26. Except as is otherwise prescribed, a document made or issued by the board for the purposes of this Act is sufficiently authenticated if it is made or, as the case may be, signed by the chairperson, or in the absence of the chairperson, by the deputy chairperson. ˙ Remuneration of members 27.(1) A member of the board is to be paid such fees, remuneration and allowances in respect of the discharge of duties as a member as are approved by the Governor in Council. (2) A payment with respect to a member, as a member or in any other capacity, may differ according to class of payment or rate or both class and rate from a payment with respect to any other member. (3) A provision in any Act requiring the holder of an office specified in the provision to devote the whole of the holder’s time to the duties of office or prohibiting engagement in employment outside the duties of office does not operate to disqualify the holder from holding that office and also the office of a member of the board or from accepting and retaining any fees, remuneration or allowances payable under this section. (4) A fee, remuneration or an allowance is not to be paid to a member of

s 28 35 s 30 Workers’ Compensation Act 1990 the board who is an officer of the public service for attendance at a meeting of the board held during the ordinary office working hours of that officer. Division 3—Administration of Act by board ˙ Administration subject to Minister 28. The board, subject to the Minister, is to administer this Act and to that end, with the approval of the Minister first obtained— (a) may establish and maintain district offices and agencies of the board in any part of the State; (b) may close any district office or agency so established; (c) may reopen any district office or agency so closed. ˙ Appointment of officers to administer Act 29.(1) Appointment is to be made from time to time under the PublicService Management and Employment Act 1988 of a general manager of the board. (2) Appointment as officers of the board may be made from time to time under the Public Service Management and Employment Act 1988 of such number of persons of relevant competence as is necessary for the effectual administration of this Act. (3) Persons appointed to the office referred to in subsection (1), and persons of any description referred to in subsection (2) and appointed for the purposes of this Act, hold office subject to and in accordance with the Public Service Management and Employment Act 1988 . ˙ Functions of general manager 30.(1) Except so far as is otherwise prescribed and subject to the board’s directions, the general manager— (a) is to conduct the business of the board; and (b) has the powers and functions given to the board by this Act.

s 31 36 s 34 Workers’ Compensation Act 1990 (2) If under this Act the board is required or authorised— (a) to do any act or thing; or (b) to be of a prescribed state of mind in relation to any matter; it is sufficient compliance with this Act, subject to any direction of the board to the contrary, if the general manager does the act or thing or is of the prescribed state of mind, on the board’s behalf. ˙ General manager’s power of delegation 31. The general manager may delegate the general manager’s powers under this Act to an officer of the board. ˙ Judicial notice of signatures 32. Judicial notice is to be taken of the signature of the general manager or of a delegate of the general manager affixed to any document or other writing, and until the contrary is proved it is to be presumed that the signature has been duly affixed. ˙ Use of services of Crown employees 33.(1) With the approval of the Minister, and of the Minister responsible for the department of government concerned, the board may utilise the services of any officer or employee in any department of government on such terms as are arranged. (2) The amount of salaries, wages or allowances paid from the consolidated fund to an officer or employee in a department of government who is engaged in the business of the board must be recouped to the consolidated fund from the fund to the extent that reflects the proportion of the working time of the officer or employee spent in the business of the board. ˙ Engagement of consultants 34. The board may engage the services of such consultants of relevant competence as it considers necessary to aid it in the conduct of the business of the board and in the proper administration of this Act.

s 35 37 s 36 Workers’ Compensation Act 1990 ˙ Annual report and financial statement 35.(1) As soon as practicable after 30 June in each year the board is to furnish to the Minister a report of its administration of this Act and its operations under this Act during the period of 12 months last preceding that date. (2) The board is to prepare and furnish with the report— (a) a statement of accounts for the relevant period of 12 months and a balance sheet, each in such form and containing such particulars as the Minister requires; and (b) a certificate of the auditor-general stating whether— (i) all information and explanations sought by or on behalf of that officer were duly furnished; and (ii) the statement and balance sheet are, in that officer’s opinion, in agreement with the accounts and have been properly drawn up so as to present a true and fair view of the transactions for the relevant period of 12 months and the financial position of the board at the end of that period. (3) The Minister is to lay the report, statement of accounts, and balance sheet before the Legislative Assembly within 14 sitting days following their receipt by the Minister. PART 4—ACCIDENT INSURANCE Division 1—Involvement of the State ˙ The fund 36.(1) The fund called the ‘Workers’ Compensation Fund’ kept at the Treasury as a fund of the trust and special funds immediately before the commencement of this Act is to be continued in existence and kept at the Treasury as a fund of the trust and special funds. (2) Subject to this or any other Act or law, the Treasurer is to administer

s 37 38 s 37 Workers’ Compensation Act 1990 and manage the fund. (3) All premiums and other moneys received by the board under this Act are to be paid into the fund. (4) Amounts standing to the credit of the fund are to be applied in making— (a) payments in relation to policies, whether of accident insurance or other insurance business under this Act; and (b) payments in relation to the administration of accident insurance business or other insurance business undertaken by or on behalf of the board; and (c) payments for purposes that the board considers will assist in— (i) the treatment or alleviation of injury suffered by workers; or (ii) the recognition or prevention of injury to workers; and (d) payments required under this Act to be made from the fund. (5) A payment of the kind mentioned in subsection (4)(c) may be made only with the Minister’s approval. (6) Despite subsection (4), the board may— (a) transfer premiums for policies for contracts of accident insurance or other insurance business paid for government workers into an account (other than the fund) kept at the Treasury; and (b) use amounts held in the account for purposes mentioned in subsection (4) in relation to the government workers. ˙ Policies guaranteed by State 37.(1) Every policy is guaranteed by the Government of the State. (2) Such sums as the Treasurer certifies to be required to secure payment of moneys legally payable by the board under policies or other insurance contracts, so far as such sums cannot be paid out of the fund, are to be paid from the consolidated fund, which to that extent is appropriated accordingly. (3) Any sum paid from the consolidated fund under subsection (2) is an advance to the fund and a charge on it, and is to be recouped to the consolidated fund from the fund when money is available in the fund.

s 38 39 s 40 Workers’ Compensation Act 1990 ˙ Stamp duty etc. payable 38.(1) The board is required to comply with the provisions of the StampAct 1894 that require the making of returns of premiums charged and the provisions of that Act apply in respect of such returns made by the board and in respect of other insurance business undertaken by the board under this Act. (2) An Act that imposes taxation in relation to the business of accident insurance or other insurance applies to such business undertaken by the board under this Act. ˙ Board’s recommendations to Minister 39. The board is, from time to time, to make recommendations to the Minister— (a) as to the bases on which— (i) rates of premium to be charged in connection with policies and other insurance contracts under this Act; and (ii) benefits to be paid to injured workers and their dependants under this Act; and (iii) merit or other bonus payments under this Act; and (iv) demerit charges under this Act; may be fixed; and (b) as to the circumstances in which employers are entitled to merit or other bonus payments or liable to pay demerit charges under this Act; and (c) on matters of policy in relation to the administration of this Act; and (d) as to services that the board might provide to promote improved safety performance by employers. ˙ Surplus or deficit of board 40.(1) As soon as practicable after 30 June in each year, the board is to forward to the Minister a report stating the amount that, in the board’s

s 41 40 s 42 Workers’ Compensation Act 1990 opinion, is the net surplus or deficit of the board for the period of 12 months last preceding that date, and making recommendations as to any amount available for distribution under this section. (2) The board may establish and maintain such reserves as it considers appropriate in the conduct of its business and the amount of a surplus or deficit to be stated in such a report is to be computed after such sums as the board considers proper are appropriated to the reserves maintained by the board. (3) The Minister may obtain the opinion of any actuary or other competent person as to any recommendation made in a report furnished under subsection (1). (4) The Governor in Council may approve a scheme for the distribution of an amount available for distribution under subsection (1). (5) If a scheme is approved by the Governor in Council, the amount available for distribution is to be distributed in accordance with the scheme among holders of policies in force at any time during the year to which the report furnished under subsection (1) relates. Division 2—Policies with board ˙ Board’s powers to undertake insurance 41. The board is authorised— (a) to undertake the business of accident insurance; and (b) to undertake such business of insurance of persons, whether or not employers, in respect of injury suffered by them and of liability incurred by them in respect of injury suffered by other persons as is provided for by this Act; and (c) to do all such acts and things as are necessary and incidental to the exercise of the authority conferred by paragraph (a) or (b). ˙ Board as provider of accident insurance 42.(1) Accident insurance is to be undertaken only by the board.

s 43 41 s 45 Workers’ Compensation Act 1990 (2) Policies are to be issued by or on behalf of the board and no other person or association or group of persons. (3) A policy issued in breach of this section is unenforceable at law. ˙ Board’s powers to reinsure 43.(1) The board may, on such terms and conditions as it considers equitable, reinsure the whole or part of any risk accepted by it under this Act. (2) Moneys payable in respect of reinsurance are to be paid from the fund. ˙ Employer’s legal liability and obligation to insure 44.(1) An employer is legally liable to pay the compensation prescribed to be payable from the fund in respect of injury suffered by a worker employed by the employer. (2) Subject to subsection (3), every employer is to insure and remain insured with the board under a policy in respect of— (a) the employer’s legal liability to pay compensation under this Act; and (b) the employer’s legal liability existing independently of this Act to pay damages in respect of injury to a worker employed by the employer, being a liability within the cover of accident insurance as defined in section 5. (3) An employer is not required by subsection (2) to insure against legal liability in respect of injury to a mariner employed by the employer, unless the mariner is employed on a Queensland ship. ˙ Policy cover on directors and trustees 45. Cover under a policy does not extend to a director of a corporation, or a trustee, who is to be specially insured under, or specially covered by, the policy under the director’s, or trustee’s, election until a date stipulated by the board and notified in writing by the board to the director or trustee.

s 46 42 s 47 Workers’ Compensation Act 1990 ˙ Policy cover on worker on loan 46.(1) If an employer uses the labour of a worker whose services are lent or hired to the employer by another, cover under a policy maintained by the employer extends to indemnify the employer against legal liability existing independently of this Act to pay damages in respect of injury to the worker arising out of or in the course of work for which the worker’s labour is being so used. (2) If a person who is not an employer uses the labour of a worker whose services are lent or hired to the person by another, cover under a policy maintained by the worker’s employer extends to indemnify the person against legal liability existing independently of this Act to pay damages in respect of injury to the worker arising out of or in the course of work for which the worker’s labour is being so used. ˙ Extent of indemnity for principals and contractors 47.(1) In this section— “contractor” means a person who by a contract undertakes to carry out, or to secure the carrying out of, work for another. “principal” means a person for whom work is to be carried out by another under a contract to which the person is a contracting party. (2) A contractor under a contract for performance of work can also be a principal under any other contract for performance of the same work or any part of that work. (3) When a contract is made between a principal and a contractor for work to be carried out and workers are used in carrying out the work, or any part of it— (a) the principal is declared to be an employer of every such worker used in carrying out work in performance of the contract, or in performance of any other contract made with a view to carrying out the work for which the first contract is made, or any part of that work; and (b) the cover of a policy maintained by the principal with the board extends to indemnify the principal against the principal’s legal liability existing independently of this Act to pay damages in

s 48 43 s 48 Workers’ Compensation Act 1990 respect of injury to any such worker while used in carrying out work for which the contract is entered into, or any part of that work. (4) The declaration of a principal to be an employer of a worker by subsection (3)(a) does not affect the relationship of employer and employee existing between the worker and the actual employer of the worker. (5) If in the case of a contract such as is referred to in subsection (3) the principal is not indemnified against the legal liability referred to in subsection (3)(b), under— (a) a policy maintained by the principal with the board; or (b) a contract of insurance made independently of this Act; the cover of a policy maintained with the board by the contractor extends to indemnify the principal against the principal’s legal liability referred to in subsection (3)(b). ˙ Obligation to establish existence of policy 48.(1) In this section— “contractor” has the meaning given by section 47(1). “principal” has the meaning given by section 47(1). (2) If a principal contracts with a contractor for the carrying out of work, and the contractor employs, or proposes to employ, any workers in carrying out the work, the contractor, if requested to do so by the principal, is to produce to the principal for inspection the policy, or policy renewal certificate, issued by the board, for the period then current covering the contractor’s workers. (3) If the contractor fails to comply with the principal’s request, as prescribed by subsection (2), it is to be presumed that the contractor does not have a policy covering the contractor’s workers for the relevant period. (4) If the contractor does not have a policy, or it is to be presumed that the contractor does not have a policy, covering the contractor’s workers for the relevant period, the board is entitled to recover from the principal the premium payable under this Act, appropriate to the work to be carried out under the relevant contract, unless, in the case of the contractor’s failure to

s 207 145 Workers’ Compensation Act 1990 s 207 workers; or (ii) to enter into agreements or arrangements with registered persons, or the management bodies of hospitals or other institutions for provision of medical treatment, other treatment, or rehabilitation of, or aid to, injured workers; or (k) recovery of costs of proceedings under this Act and limitation of costs recoverable in proceedings conducted for the purposes of this Act; or (l) returns to be furnished to the board, including— (i) the persons by whom they are to be furnished (whether employers or other persons); and (iii) the time and manner in which they are to be furnished; or (m) empowering the board to assess premiums to be paid, as the board directs, by— (i) employers; or (ii) other persons with whom the board has made contracts of insurance; or (iii) persons required to furnish returns; or (iv) persons whom the board believes to be employers; and to increase, reduce and enforce payment of such assessments; or (n) the hearing and determination of objections to any assessment of the board and of appeals in relation to such determinations and the payment of costs in respect of appeals; or (o) the time in which and place where any assessment of the board is to be paid; or (p) the payment to, and acceptance by, the board of assessments by instalments and the conditions of such assessments, including— (i) payment of interest; and (ii) the rate and calculation of interest; and (iii) security to the board for payment of instalments and interest;

s 208 146 Workers’ Compensation Act 1990 s 210 and the consequences of and remedies upon a failure to make payment due or to honour obligations under any security given to the board for payment of such assessments; or (q) investment of moneys payable under this Act by way of compensation to, or on account of, minors or other persons under any disability; or (r) providing for extension of time limited by this Act for requiring any matter to be referred to an industrial magistrate for hearing and determination; or (s) empowering the general manager, a delegate of the general manager or an officer authorised by the general manager for the purpose to summon and examine any person in relation to any matter arising under this Act, the administration of an oath or taking of an affirmation or statutory declaration for the purpose of taking evidence on such an examination, and procedures for enforcement of such a summons in the event of a person’s failure to obey the summons; or (t) the mode of service of process in legal proceedings, or of any notice or document, for the purposes of this Act, which is not provided for in part 12; or (u) the evidentiary value and, where necessary, the admissibility into evidence, in proceedings before any court, tribunal or person for the purposes of this Act of any certificate, or copy of or extract from any record kept under this Act in respect of any matter under this Act, which is not provided for by part 12; or (v) contraventions of a regulation and fixing a penalty for a contravention of a fine of not more than 4 penalty units. ˙ Board’s power to fix premiums and charges when regulations silent 208.(1) If in respect of a policy the regulations are silent as to the rate of premium to be charged or demerit charge to be made, or as to an increase in such rate or charge on account of relevant factors, it is to be taken that the board is authorised to fix the amount of such premium, demerit charge, or increase in such premium or charge for the policy. (2) To remove any doubt, it is declared that subsection (1) applies, and is

s 211 147 Workers’ Compensation Act 1990 s 212 always taken to have applied, whether or not a regulation provides, or ever provided, for any of the things mentioned in subsection (1). PART 14—TRANSITIONAL AND SAVING PROVISIONS ˙ Application of Act to existing policies 209. This Act applies in relation to every policy of accident insurance or of other insurance subsisting immediately before the commencement of this Act, being— (a) a policy issued by the board under the Workers’ Compensation Act 1916 ; or (b) a policy issued by the insurance commissioner or the State Government Insurance Office (Queensland), which, under the Workers’CompensationActAmendmentAct1978 , is to be deemed to be a policy issued by the board. ˙ References in other Acts etc. 210.(1) A reference in any Act or in any proclamation, order in council, regulation, rule, by-law or ordinance made under any Act, or in any document, to the insurance commissioner or the State Government Insurance Office (Queensland), so far as it relates to the carrying on of the business of accident insurance or other insurance under the Workers’ Compensation Act 1916 , is to be read as a reference to the board. (2) In an Act or document, a reference to the State Accident Insurance Fund may, if the context permits, be taken to be a reference to the Workers’ Compensation Fund. ˙ Continuance of existing offices 211. A person who, immediately before the commencement of this Act, holds an office for the purposes of the Workers’ Compensation Act 1916

s 213 148 Workers’ Compensation Act 1990 s 213 continues to hold the office for the purposes of this Act until the person ceases to hold the office in accordance with law. ˙ Claims relating to injury predating Act 212.(1) An application for compensation, which— (a) having been made under the Workers’ Compensation Act 1916 , has not been determined at the commencement of this Act; or (b) being made after the commencement of this Act, relates to a death that occurred before the commencement of this Act, or to an incapacity, disability or loss resulting from injury suffered before the commencement of this Act; is to be determined, and benefits (if any) are to be paid in respect of it, in accordance with the Workers’ Compensation Act 1916 as amended and in force at the time the injury to which the application relates was suffered, subject to subsection (2). (2) A person who has an entitlement to weekly payments of compensation under the Workers’ Compensation Act 1916 which entitlement has not terminated at the commencement of this Act, continues to have that entitlement, but in respect of such weekly payments, or other payments, made to or on account of that person after the commencement of this Act— (a) that person is to be given the benefit of every increase in the amount of compensation, or other payments, prescribed by this Act in relation to an entitlement of a like description, before that entitlement terminates; and (b) if that entitlement is to weekly payments for a period of 26 weeks and has not terminated before 1 March 1991—that person is to be given the benefit of the increase to 39 weeks for which weekly payments of compensation under this Act are payable; and (c) if that entitlement is to weekly payments for a period of 26 weeks and terminates before 1 March 1991—the period for which such weekly payments are payable to that person is limited to 26 weeks, in accordance with the Workers’ Compensation Act 1916 .

s 214 149 Workers’ Compensation Act 1990 s 215 (3) Subsection (2) does not apply to an entitlement to weekly payments of compensation in respect of the injury silicosis or anthraco-silicosis. (4) If a person who, at the commencement of this Act, is in receipt of compensation under the Workers’ Compensation Act 1916 dies leaving a surviving spouse or dependant who would, under that Act, have an entitlement to further benefits, that entitlement continues, and an application in respect of the entitlement is to be determined under that Act. (5) However, the applicant is to be given the benefit of every increase in the amount of compensation— (a) prescribed by this Act in relation to that entitlement before the entitlement terminates, in the case of an entitlement to periodic payments; and (b) prescribed by this Act in relation to that entitlement at the time the entitlement arises, in the case of an entitlement to payment of lump sum compensation. ˙ Claims relating to injury 213.(1) If a worker suffers injury before the commencement, an application for compensation under this Act in relation to the injury, whether made before or after the commencement, must be decided under the Act as in force at the time the injury was suffered. (2) An entitlement to compensation under this Act is to be decided, and paid, in accordance with the Act as in force at the time the injury was suffered. (2A) However, if the injury was one suffered after the commencement of this Act and before the commencement of this section, a person entitled to lump sum compensation, weekly payments or dependant allowances under this Act is entitled to the benefit of every increase in the prescribed base rate. (3) Despite subsection (1), if the application is for compensation for the cost of hospitalisation under section 148, the application is to be decided, and compensation paid, under the Act as in force on 1 January 1995 or from time to time after that day. (4) In this section— “commencement” means—

s 215 150 Workers’ Compensation Act 1990 s 215 (a) for an injury in relation to which compensation is sought under section 5.2A—the day the section comes into force; or (b) for another injury—1 January 1996. “prescribed base rate” means a weekly rate of compensation under this Act that is 65% of the weekly minimum rate of wages for the time being provided by the Engineering Award—State, made by the Industrial Relations Commission, in relation to employees of the class ‘Wage Group C10’ in the southern division. ˙ Application of amendments made by Common Law Practice and Workers’ Compensation Amendment Act 1994 214.(1) To remove any doubt, the amendments of this Act made by the Common Law Practice and Workers’ Compensation Amendment Act 1994 apply only to an injury or death that happens on or after 17 October 1994. (2) Subsection (1) is a law to which the Acts Interpretation Act 1954 , section 20A applies. (3) This section expires 3 years after it commences. ˙ Transitional provision about forms 215.(1) This section applies if— (a) immediately before its commencement, there was a prescribed form for a matter; and (b) on the commencement, there is to be an approved form for the matter or a form may be approved for the matter. (2) Until there is an approved form for the matter, the form that was the prescribed form for the matter immediately before the commencement is taken to be the approved form for the matter. (3) This section expires 6 months after it commences.

151 Workers’ Compensation Act 1990 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 8 Table of changed names and titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 9 Table of changed citations and remade laws . . . . . . . . . . . . . . . . . . . . . . . . . . 165 10 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 11 Provisions that have not commenced and are not incorporated into reprint . 173 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the ReprintsAct1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 January 1996. Future amendments of the Workers’ Compensation Act 1990 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

152 Workers’ Compensation Act 1990 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered ´ 4 Table of earlier reprints Reprint No. Amendments included 1 to Act No. 97 of 1991 2 to Act No. 48 of 1993 3 to Act No. 13 of 1995 Reprint date 1 March 1993 28 January 1994 28 April 1995 ´ 5 Tables in earlier reprints TABLES IN EARLIER REPRINTS Name of Table Corrected minor errors Obsolete and redundant provisions Renumbered provisions Reprint No. 2 3 1, 2

153 Workers’ Compensation Act 1990 ´ 6 List of legislation Workers’ Compensation Act 1990 No. 110 date of assent 18 December 1990 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 1991 (see s 2(2)) as amended by— Statute Law (Miscellaneous Provisions) Act 1991 No. 97 ss 1–3 sch 1 date of assent 17 December 1991 amendment 3 commenced 1 January 1992 (1991 SL No. 200) amendments 14 and 15 commenced 1 January 1991 (see s 3 sch 1) remaining provisions commenced on date of assent Workers’ Compensation Amendment Act 1993 No. 48 (as amd 1994 No. 15 s 3 sch 2 (as from 30 September 1993)) date of assent 30 September 1993 s 4(2) commenced 1 January 1991 remaining provisions commenced on date of assent Statute Law (Miscellaneous Provisions) Act 1994 No. 15 ss 1–3 sch 2 date of assent 10 May 1994 commenced on date of assent Anti-Discrimination Amendment Act 1994 No. 29 ss 1–3 sch date of assent 28 June 1994 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 1994 (see s 2) Workers’ Compensation Amendment Act 1994 No. 66 date of assent 1 December 1994 ss 5(3), 21 commenced 1 January 1995 (see s 2(1), (4), 1994 SL No. 467) s 9 commenced 1 July 1995 (see s 2(2)) s 17 commenced 9 June 1995 (1995 SL No. 170) ss 4 and 12 not yet proclaimed into force remaining provisions commenced on date of assent CommonLawPracticeandWorkers’CompensationAmendmentAct1994 No. 85 pts 1, 3 date of assent 1 December 1994 ss 1–2 commenced on date of assent remaining provisions commenced 17 October 1994 (see s 2) Workers’ Compensation Amendment Act 1995 No. 13 date of assent 11 April 1995 commenced on date of assent Workers’ Compensation Amendment Act (No. 2) 1995 No. 56 date of assent 28 November 1995 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 1996 (see s 2)

154 Workers’ Compensation Act 1990 ´ 7 List of annotations Commencement s 2 amd 1993 No. 48 s 3 sch om R4 (see RA s 37) Repeals s 1.3 amd 1991 No. 97 s 3 sch 1 om R1 (see RA s 40) Application of Act to workers s 4 amd 1994 No. 66 s 4; 1995 No. 13 s 3 Application of Act to existing policies s 1.6 renum as s 209 1994 No. 66 s 31 References in other Acts etc. s 1.7 renum as s 210 1994 No. 66 s 31 Continuance of existing offices s 1.8 renum as s 211 1994 No. 66 s 31 Claims relating to injury predating Act s 1.9 renum as s 212 1994 No. 66 s 31 Interpretation s 5 amd 1993 No. 48 s 3 sch; 1994 No. 66 s 5(4) def “accident pay” amd 1994 No. 66 s 3 sch om 1995 No. 56 s 4(1) def “approved form” ins 1995 No. 56 s 4(2) def “authorised person” ins 1994 No. 66 s 5(2) def “award” ins 1994 No. 66 s 5(2) def “AWE” ins 1995 No. 56 s 4(2) def “certificate injury” ins 1995 No. 56 s 4(2) def “commencement of this Act” ins 1993 No. 48 s 3 sch om 1994 No. 66 s 5(1) def “department of government” sub 1994 No. 66 s 5(3) def “employer” sub 1995 No. 13 s 4 def “government entity” ins 1995 No. 13 s 4 def “government worker” ins 1995 No. 13 s 4 def “household worker” ins 1995 No. 56 s 4(2) def “impairment” ins 1995 No. 56 s 4(2) def “industrial agreement” ins 1994 No. 66 s 5(2) def “Industrial Magistrate” om 1991 No. 97 s 3 sch 1 def “Industrial Relations Commission” om 1991 No. 97 s 3 sch 1 def “injury” sub 1994 No. 66 s 5(1)–(2) def “jockey” sub 1993 No. 48 s 3 sch def “medical treatment” amd 1993 No. 48 s 3 sch sub 1994 No. 66 s 5(1)–(2) def “Minister” om 1991 No. 97 s 3 sch 1 def “non-policy compensation arrangement” ins 1995 No. 13 s 4 def “permanent impairment” ins 1995 No. 56 s 4(2)

155 Workers’ Compensation Act 1990 def “policy” amd 1994 No. 66 s 3 sch sub 1995 No. 13 s 4 def “prescribed base rate” om 1995 No. 56 s 4(1) def “public hospital” sub 1993 No. 48 s 3 sch def “QOTE” ins 1995 No. 56 s 4(2) def “relict” om 1993 No. 48 s 3 sch def “serious injury” ins 1995 No. 56 s 4(2) def “spouse” sub 1994 No. 85 s 9 def “State” ins 1994 No. 66 s 5(2) def “statutory maximum compensation” ins 1995 No. 56 s 4(2) def “student” ins 1995 No. 56 s 4(2) def “table of injuries” ins 1995 No. 56 s 4(2) Meaning of “injury” s 6 ins 1994 No. 66 s 6 amd 1995 No. 56 s 5 Meaning of “certificate injury” s 6A ins 1995 No. 56 s 6 Meaning of “QOTE” s 6B ins 1995 No. 56 s 6 Meaning of “spouse” s 7 ins 1994 No. 85 s 10 Persons declared to be employers or workers s 8 amd 1994 No. 66 s 7 Persons declared not to be workers s 9 amd 1991 No. 97 s 3 sch 1; 1994 No. 66 ss 8, 3 sch Composition of board s 13 amd 1993 No. 48 s 3 sch Deputies of members s 15 amd 1993 No. 48 s 3 sch Term of office s 17 amd 1993 No. 48 s 3 sch Vacating office s 18 amd 1994 No. 29 s 3 sch Casual vacancy s 19 amd 1993 No. 48 s 3 sch Board meetings s 20 amd 1993 No. 48 s 3 sch Procedure at meetings s 22 amd 1993 No. 48 s 3 sch Minutes s 23 amd 1993 No. 48 s 3 sch

156 Workers’ Compensation Act 1990 Custody and affixing of seal s 24 amd 1993 No. 48 s 3 sch Authentication of documents s 26 amd 1993 No. 48 s 3 sch Validity of actions s 3.16 om 1993 No. 48 s 3 sch Functions of general manager s 30 amd 1994 No. 15 s 3 sch 2 General manager’s power of delegation s 31 sub 1993 No. 48 s 3 sch The fund s 36 amd 1993 No. 48 s 4; 1995 No. 13 s 5 Surplus or deficit of board s 40 amd 1993 No. 48 s 3 sch Employer’s failure to fulfil obligation to insure s 49 amd 1995 No. 56 s 3 sch Recovery of claims cost and unpaid premium s 50 sub 1994 No. 66 s 9 Premium variation s 51A ins 1995 No. 56 s 7 Board’s power to seek and obtain information s 4.16 om 1994 No. 66 s 10 Offence not to comply with notice s 4.17 om 1994 No. 66 s 10 Offence to obstruct obtaining information s 4.18 om 1994 No. 66 s 10 Continuing offence following conviction s 4.19 om 1994 No. 66 s 10 PART 5—INVESTIGATION AND ENFORCEMENT pt hdg ins 1994 No. 66 s 11 Division 1—General div hdg ins 1994 No. 66 s 11 Functions of authorised persons s 63 ins 1994 No. 66 s 11 Authorised persons subject to directions from general manager s 64 ins 1994 No. 66 s 11 Powers of authorised persons s 65 ins 1994 No. 66 s 11

157 Workers’ Compensation Act 1990 Limitation on powers of authorised person s 66 ins 1994 No. 66 s 11 Division 2—Appointment of authorised persons and other matters div hdg ins 1994 No. 66 s 11 Appointment of authorised persons s 67 ins 1994 No. 66 s 11 Authorised person’s appointment conditions s 68 ins 1994 No. 66 s 11 Authorised person’s identity card s 69 ins 1994 No. 66 s 11 Display of authorised person’s identity card s 70 ins 1994 No. 66 s 11 Protection from liability s 71 ins 1994 No. 66 s 11 Division 3—Powers of authorised persons div hdg ins 1994 No. 66 s 11 Definition s 72 ins 1994 No. 66 s 11 Entry to workplaces s 73 ins 1994 No. 66 s 11 Power to require information from certain persons s 74 ins 1994 No. 66 s 11 Keeping, and inspection, of documents s 75 ins 1994 No. 66 s 11; 1995 No. 56 s 3 sch Warrants for entry s 76 ins 1994 No. 66 s 11 Warrants—applications made other than in person s 77 ins 1994 No. 66 s 11 Power to seize evidence s 78 ins 1994 No. 66 s 11 Receipt for seized things s 79 ins 1994 No. 66 s 11 Access to seized things s 80 ins 1994 No. 66 s 11 Return of seized things s 81 ins 1994 No. 66 s 11 Division 4—Other enforcement matters div hdg ins 1994 No. 66 s 11

158 Workers’ Compensation Act 1990 Authorised person to give notice of damage s 82 ins 1994 No. 66 s 11 Compensation s 83 ins 1994 No. 66 s 11 Division 5—Offences div hdg ins 1994 No. 66 s 11 Obstruction of authorised persons s 84 ins 1994 No. 66 s 11 Impersonation of authorised persons s 85 ins 1994 No. 66 s 11 False or misleading information s 86 ins 1994 No. 66 s 11 False, misleading or incomplete documents s 87 ins 1994 No. 66 s 11 Effect on entitlement of exercising rights under other laws s 89 amd 1993 No. 48 s 3 sch Interstate and overseas arrangements s 5.2A ins 1994 No. 66 s 12 Where right to damages exists s 90 amd 1995 No. 56 s 3 sch Injuries that arise out of or in the course of employment s 91 amd 1994 No. 66 ss 13, 3 sch Compensation not payable in certain cases s 92 amd 1991 No. 97 s 3 sch 1; 1993 No. 48 s 3 sch; 1994 No. 66 s 14; 1995 No. 56 s 3 sch Special provision concerning compensation for loss of hearing s 95 amd 1993 No. 48 s 3 sch; 1994 No. 66 s 3 sch; 1995 No. 56 s 3 sch Appeals concerning claims and entitlements s 98 ins 1991 No. 97 s 3 sch 1 Limitation of time for applying s 100 amd 1993 No. 48 s 3 sch Duty to report injury s 102 amd 1995 No. 56 s 3 sch Entitlement of State employees to compensation s 108 amd 1993 No. 48 s 3 sch Reviews of weekly payments s 109 amd 1995 No. 56 s 3 sch Remarriage or misconduct of surviving spouse prov hdg amd 1993 No. 48 s 3 sch s 111 amd 1993 No. 48 s 3 sch

159 Workers’ Compensation Act 1990 Payment of lump sum s 112 amd 1995 No. 56 s 3 sch Lump sum upon worker moving abroad s 113 amd 1994 No. 66 s 15; 1995 No. 56 ss 8, 3 sch Appeals against decisions under this part s 119 sub 1991 No. 97 s 3 sch 1 amd 1993 No. 48 s 3 sch Worker must notify board of return to work s 121 ins 1994 No. 66 s 16 Employer excess s 123A ins 1995 No. 56 s 9 Division 1—Compensation (weekly payments) for total and partial incapacity div hdg sub 1995 No. 56 s 10 Application of division s 124 amd 1991 No. 97 s 3 sch 1; 1993 No. 48 s 3 sch; 1994 No. 66 s 17; 1994 No. 66 s 3 sch sub 1995 No. 56 s 10 Amounts payable under awards, industrial agreements and contracts s 124A ins 1995 No. 56 s 10 Total incapacity—worker whose employment is governed by award or industrial agreement s 124B ins 1995 No. 56 s 10 Total incapacity—worker whose employment is not governed by award or industrial agreement s 124C ins 1995 No. 56 s 10 Total incapacity—certain contract workers s 124D ins 1995 No. 56 s 10 Total incapacity—certain waterside workers s 124E ins 1995 No. 56 s 10 Total incapacity—casual or part-time workers s 124F ins 1995 No. 56 s 10 Total incapacity—worker receiving certain benefits under Commonwealth law s 124G ins 1995 No. 56 s 10 Total incapacity—worker with more than 1 employer s 124H ins 1995 No. 56 s 10 Total incapacity—prescribed volunteers s 125 amd 1991 No. 97 s 3 sch 1; 1994 No. 66 s 3 sch sub 1995 No. 56 s 10 When compensation under ss 124B–125 stops s 126 amd 1991 No. 97 s 3 sch 1; 1994 No. 66 s 3 sch sub 1995 No. 56 s 10

160 Workers’ Compensation Act 1990 Allowances payable as compensation under s 124 s 127 om 1995 No. 56 s 10 Compensation for partial incapacity s 128 amd 1991 No. 97 s 3 sch 1; 1994 No. 66 s 3 sch Division 2—Compensation (lump sum) for injury resulting in permanent impairment div hdg sub 1995 No. 56 s 11 Application of division s 129 sub 1995 No. 56 s 11 Compensation for injury resulting in permanent impairment s 130 amd 1993 No. 48 s 3 sch sub 1995 No. 56 s 11 Assessment of degree of permanent impairment s 130A ins 1995 No. 56 s 11 Additional compensation for certain injuries s 130B ins 1995 No. 56 s 11 Application of s 130 in particular cases prov hdg amd 1995 No. 56 s 3 sch s 131 amd 1995 No. 56 ss 12, 3 sch Offer and payment of compensation after assessment s 132 sub 1995 No. 56 s 13 When compensation payable for loss of bodily function s 133 om 1995 No. 56 s 13 Maximum compensation for multiple s 130 injuries prov hdg amd 1995 No. 56 s 3 sch s 134 amd 1993 No. 48 s 3 sch; 1995 No. 56 s 3 sch No further compensation after offer s 135 sub 1995 No. 56 s 14 Benefits for total or partial dependants s 136 amd 1993 No. 48 s 3 sch; 1994 No. 66 s 18; 1995 No. 56 s 15 Reduction of sum payable upon death s 137 amd 1995 No. 56 s 3 sch Reduced benefit to dependant who dies before payment of compensation s 138 amd 1993 No. 48 s 3 sch; 1995 No. 56 s 16 Application of division s 139 amd 1995 No. 56 s 3 sch Entitlement to additional compensation s 140 amd 1994 No. 66 s 19; 1995 No. 56 ss 17, 3 sch Assessment of additional compensation s 141 amd 1995 No. 56 s 18

161 Workers’ Compensation Act 1990 Extent of liability for medical treatment s 144 amd 1994 No. 66 s 20 Review of fees or costs payable s 147 amd 1993 No. 48 s 3 sch Extent of board’s liability for hospital treatment s 148 amd 1994 No. 66 s 21 Extent of board’s liability for travelling expenses s 150 amd 1993 No. 48 s 3 sch Responsibility of board s 151 amd 1993 No. 48 s 3 sch Division 7—Maximum entitlement for 1 incident div hdg sub 1994 No. 66 s 22 Maximum entitlement for 1 incident s 154 amd 1994 No. 66 s 23; 1995 No. 56 ss 19, 3 sch Variation of payments for mining diseases s 155 sub 1993 No. 48 s 3 sch; 1995 No. 56 s 20 Variation of payments for other injuries s 156 amd 1995 No. 56 s 21 Existing prescribed base rate s 158 amd 1991 No. 97 s 3 sch 1 om 1995 No. 56 s 3 sch Assessment tribunals to be maintained s 160 amd 1994 No. 66 s 24 General Medical Assessment Tribunal s 161 amd 1993 No. 48 s 3 sch Conditions of appointment to panels s 162 amd 1993 No. 48 s 3 sch Chairperson and deputy chairperson of General Medical Assessment Tribunal prov hdg sub 1993 No. 48 s 3 sch s 163 amd 1993 No. 48 s 3 sch Constitution of General Medical Assessment Tribunal for purpose of reference s 164 amd 1993 No. 48 s 3 sch Specialty medical assessment tribunal s 165 amd 1993 No. 48 s 3 sch; 1994 No. 66 s 25 Vacation of office as member or alternate member of specialty medical assessment tribunal s 166 sub 1993 No. 48 s 3 sch Constitution of specialty medical assessment tribunal in absence of members s 167 sub 1993 No. 48 s 3 sch

162 Workers’ Compensation Act 1990 Chairperson of specialty medical assessment tribunals prov hdg amd 1993 No. 48 s 3 sch s 168 amd 1993 No. 48 s 3 sch Reference to tribunals s 171 amd 1994 No. 66 s 26; 1995 No. 56 ss 22, 3 sch Tribunal to be constituted s 174 amd 1993 No. 48 s 3 sch Proceedings of tribunal s 175 amd 1993 No. 48 s 3 sch Further reference on fresh evidence s 179 amd 1993 No. 48 s 3 sch; 1994 No. 66 s 27 Application of ss 182B–182E s 182A ins 1995 No. 56 s 23 Worker must make a choice about damages at law in certain cases s 182B ins 1995 No. 56 s 23 Consequence of choosing to seek damages at law s 182C ins 1995 No. 56 s 23 Access to common law damages if no previous offer of lump sum compensation made s 182D ins 1995 No. 56 s 23 Decision not to seek damages at law reviewable in certain circumstances s 182E ins 1995 No. 56 s 23 Meaning of “this Act” s 192 ins 1991 No. 97 s 3 sch 1 Offences involving fraud s 194 amd 1994 No. 66 s 28 Recovery of amounts from State s 198 ins 1995 No. 13 s 6 Evidentiary value of certificates s 200 amd 1995 No. 56 s 24 Disclosure of information s 202 amd 1993 No. 48 s 3 sch (as amd 1994 No. 15 s 3 sch 2) References to Workers’ Compensation Act 1916 s 206 ins 1994 No. 15 s 3 sch 2 Approval of forms s 206A ins 1995 No. 56 s 3 sch PART 13—REGULATIONS pt hdg amd 1993 No. 48 s 3 sch Regulations s 207 amd 1993 No. 48 s 3 sch; 1994 No. 66 s 29; 1995 No. 56 ss 25, 3 sch

163 Workers’ Compensation Act 1990 Board’s power to fix premiums and charges when regulations silent s 208 amd 1995 No. 56 s 26 Tabling of orders s 12.3 om 1993 No. 48 s 3 sch PART 14—TRANSITIONAL AND SAVING PROVISIONS pt hdg ins 1994 No. 66 s 30 Application of Act to existing policies s 209 (prev s 1.6) renum 1994 No. 66 s 31 References in other Acts etc. s 210 (prev s 1.7) renum 1994 No. 66 s 31 amd 1995 No. 56 s 3 sch Continuance of existing offices s 211 (prev s 1.8) renum 1994 No. 66 s 31 Claims relating to injury predating Act s 212 (prev s 1.9) amd 1993 No. 48 s 3 sch renum 1994 No. 66 s 31 amd 1995 No. 56 s 3 sch Claims relating to injury s 213 ins 1994 No. 66 s 30 amd 1995 No. 56 s 27 Numbering and renumbering of Act s 13.6 ins 1994 No. 66 s 30 om R3 (see RA s 37) Application of amendments made by CommonLawPracticeandWorkers’Compensation Amendment Act 1994 s 214 ins 1994 No. 85 s 11 exp 17 October 1997 (see s 214(3)) AIA s 20A applies (see s 214(2)) Transitional provision about forms s 215 ins 1995 No. 56 s 3 sch exp 1 July 1996 (see s 215(3)) ´ 8 Table of changed names and titles TABLE OF CHANGED NAMES AND TITLES under the Reprints Act 1992 ss 23 and 23A Old New Reference provision Queensland Railways Queensland Rail Transport Infrastructure Act 1944 s 253

164 Workers’ Compensation Act 1990 ´ 9 Table of changed citations and remade laws TABLE OF CHANGED CITATIONS AND REMADE LAWS under the Reprints Act 1992 ss 21A and 22 Old New Reference provision Workplace Health andSafety Act 1989 Workplace Health andSafety Act 1995 Workplace Health and SafetyAct 1995 s 204A ´ 10 Table of obsolete and redundant provisions TABLE OF OBSOLETE AND REDUNDANT PROVISIONS under the Reprints Act 1992 s 39 Omitted provision Provision making omitted provision obsolete/redundant reference to Minister Acts Interpretation Act 1954 s 33(1)(a) ´ 11 Table of renumbered provisions TABLE OF RENUMBERED PROVISIONS under the Reprints Act 1992 s 43 as required by the Workers’ Compensation Act 1990 s 13.6 Previous Renumbered as 1.1 1.2 1.4 1.5 2.1 2.1(6) 2.1(7) 2.1A 2.1B 2.2 2.2(3A) 2.2(4) 2.2(5) 2.2(6) 2.2(7) 1 2 3 4 5 5(4) 5(5) 6 7 8 8(4) 8(5) 8(6) 8(7) 8(8)

2.2(8) 2.2(9) 2.2(10) 2.3 2.3(b) 2.3(c) 2.3(d) 2.3(e) 2.3(f) 2.3(g) 2.3(h) 2.4 2.5 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.9(1A) 3.9(2) 3.10 3.11 3.11(1A) 3.11(2) 3.11(3) 3.11(4) 3.11(5) 3.11(6) 3.11(7) 3.12 3.13 3.13(1A) 3.13(1B) 3.13(2) 3.14 3.15 3.17 3.18 3.19 3.20 3.21 3.22 165 Workers’ Compensation Act 1990 8(9) 8(10) 8(11) 9 9(a) 9(b) 9(c) 9(d) 9(e) 9(f) 9(g) 10 11 12 13 14 15 16 17 18 19 20 20(2) 20(3) 21 22 22(2) 22(3) 22(4) 22(5) 22(6) 22(7) 22(8) 23 24 24(2) 24(3) 24(4) 25 26 27 28 29 30 31 32

3.23 3.24 3.25 4.1 4.1(1A) 4.1(2) 4.1(3) 4.1(4) 4.1(5) 4.2 4.3 4.4 4.5 4.5(1A) 4.5(2) 4.5(3) 4.5(4) 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.12(1A) 4.12(2) 4.12(3) 4.12(4) 4.13 4.14 4.15 4.20 4.21 4.22 4.22(1A) 4.22(2) 4.22(3) 4.22(4) 4.22(5) 4.23 4.24 4.25 4.26 4.27 4.28 4.29 166 Workers’ Compensation Act 1990 33 34 35 36 36(2) 36(3) 36(4) 36(5) 36(6) 37 38 39 40 40(2) 40(3) 40(4) 40(5) 41 42 43 44 45 46 47 47(2) 47(3) 47(4) 47(5) 48 49 50 51 52 53 53(2) 53(3) 53(4) 53(5) 53(6) 54 55 56 57 58 59 60

4.30 4.31 pt 4A 4A.1 4A.2 4A.3 4A.4 4A.5 4A.6 4A.7 4A.8 4A.9 4A.10 4A.11 4A.12 4A.13 4A.14 4A.15 4A.16 4A.17 4A.18 4A.19 4A.20 4A.21 4A.22 4A.23 4A.24 4A.25 pt 5 5.1 5.2 5.3 5.4 5.4(2A) 5.4(3) 5.4(4) 5.5 5.6 5.6(1A) 5.6(2) 5.7 5.8 5.8(1A) 5.8(1B) 5.8(2) 5.8(3) 167 Workers’ Compensation Act 1990 61 62 pt 5 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 pt 6 88 89 90 91 91(3) 91(4) 91(5) 92 93 93(2) 93(3) 94 95 95(2) 95(3) 95(4) 95(5)

5.8(4) 5.8(5) 5.8(6) 5.8(7) 5.9 5.10 5.11 pt 6 6.1 6.2 6.3 6.4 6.5 6.6 6.7 pt 7 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.7(1A) 7.7(2) 7.7(3) 7.7(4) 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.15A 7.16 7.17 pt 8 8.1 8.2 8.3 8.4 8.5 8.5(3A) 8.5(4) 168 Workers’ Compensation Act 1990 95(6) 95(7) 95(8) 95(9) 96 97 98 pt 7 99 100 101 102 103 104 105 pt 8 106 107 108 109 110 111 112 112(2) 112(3) 112(4) 112(5) 113 114 115 116 117 118 119 120 121 122 123 pt 9 124 125 126 127 128 128(4) 128(5)

8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.17(1A) 8.17(2) 8.17(2A) 8.17(3) 8.17(4) 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.25(3A) 8.25(4) 8.25(5) 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 8.36 pt 9 9.1 9.2 9.2(2A) 9.2(3) 9.2(4) 9.2(5) 169 Workers’ Compensation Act 1990 129 130 131 132 133 134 135 136 137 138 139 140 140(2) 140(3) 140(4) 140(5) 140(6) 141 142 143 144 145 146 147 148 148(4) 148(5) 148(6) 149 150 151 152 153 154 155 156 157 158 159 pt 10 160 161 161(3) 161(4) 161(5) 161(6)

9.3 9.4 9.4(2A) 9.4(3) 9.5 9.5(1A) 9.5(2) 9.5(2A) 9.5(3) 9.6 9.6(2A) 9.6(3) 9.6(4) 9.6(4A) 9.6(5) 9.6(6) 9.7 9.8 9.9 9.10 9.11 9.12 9.12(1A) 9.12(2) 9.12(3) 9.12(4) 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.20(2A) 9.20(3) 9.21 9.22 9.23 pt 10 10.1 10.2 10.3 10.3(1A) 10.3(2) 10.3(3) 170 Workers’ Compensation Act 1990 162 163 163(3) 163(4) 164 164(2) 164(3) 164(4) 164(5) 165 165(3) 165(4) 165(5) 165(6) 165(7) 165(8) 166 167 168 169 170 171 171(2) 171(3) 171(4) 171(5) 172 173 174 175 176 177 178 179 179(3) 179(4) 180 181 182 pt 11 183 184 185 185(2) 185(3) 185(4)

10.4 10.5 10.6 10.6(2A) 10.6(3) 10.7 10.8 10.8(2A) 10.8(2B) 10.8(3) 10.8(3A) 10.8(4) 10.8(4A) 10.8(5) 10.9 10.10 pt 11 11.1 11.1(2A) 11.1(3) 11.2 11.2(2A) 11.2(3) 11.2(4) 11.3 11.4 11.4(2A) 11.4(3) 11.4(4) 11.4(5) 11.5 11.5(4A) 11.5(5) 11.5(6) 11.5A 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 pt 12 12.1 12.1(ea) 171 Workers’ Compensation Act 1990 186 187 188 188(3) 188(4) 189 190 190(3) 190(4) 190(5) 190(6) 190(7) 190(8) 190(9) 191 192 pt 12 193 193(3) 193(4) 194 194(3) 194(4) 194(5) 195 196 196(3) 196(4) 196(5) 196(6) 197 197(5) 197(6) 197(7) 198 199 200 201 202 203 204 205 206 pt 13 207 207(f)

172 Workers’ Compensation Act 1990 12.1(f) 12.1(g) 12.1(h) 12.1(i) 12.1(j) 12.1(k) 12.1(l) 12.1(m) 12.1(n) 12.1(o) 12.1(p) 12.1(q) 12.1(r) 12.1(s) 12.1(t) 12.1(u) 12.1(v) 12.2 pt 13 13.1 13.2 13.3 13.4 13.4(2A) 13.4(3) 13.4(4) 13.5 13.7 207(g) 207(h) 207(i) 207(j) 207(k) 207(l) 207(m) 207(n) 207(o) 207(p) 207(q) 207(r) 207(s) 207(t) 207(u) 207(v) 207(w) 208 pt 14 209 210 211 212 212(3) 212(4) 212(5) 213 214 ´ 12 Provisions that have not commenced and are not incorporated into reprint Workers’CompensationAmendmentAct1994 No. 66 ss 4 and 12 read as follows— Amendment of s 1.5 (Application of Act to workers) 4. Section 1.5(1)— omit, insert— ‘ 1.5(1) This Act confers an entitlement in relation to an injury suffered by a worker on the worker or, if the injury is, or results in, the worker’s death,

173 Workers’ Compensation Act 1990 on the worker’s dependants only if— (a) the worker is in Queensland when the injury is suffered; or (b) the worker is entitled to compensation under section 5.2A(1). 24 ‘ (1A) However, subsection (1)(a) does not apply if the worker is not entitled to receive compensation because section 5.2A(2) applies.’. Insertion of new s 5.2A 12. After section 5.2— insert— Interstate and overseas arrangements ‘ 5.2A(1) If— (a) an injury is suffered by a worker in another State or country in circumstances that, had the injury happened in Queensland, would have entitled the worker, or the worker’s dependants, to compensation under this Act; and (b) at the time of the injury, the worker’s principal place of employment was in Queensland; compensation under this Act is payable in relation to the worker as if the injury happened in Queensland. ‘ (2) If— (a) an injury is suffered by a worker in Queensland; and (b) at the time of the injury, the worker’s principal place of employment was in another State or country; compensation under this Act is not payable in relation to the worker for the injury. ‘ (3) For this section, a worker’s principal place of employment is in a State or country if— (a) the worker usually carries out his or her work in that State or country; or 24 Section 5.2A (Interstate and overseas arrangements)

174 Workers’ Compensation Act 1990 (b) for a worker who usually carries out his or her work in more than 1 State or country—the employer’s principal place of business is in that State or country. ‘ (4) In deciding whether a worker usually carries out his or her work in a State or 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 State or country for a continuous period of not longer than 6 months.’.