Workers' Compensation Act Amendment Act 1988 (Qld)

688 ANNO TRICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No . 57 of 1988 An Act to amend the Workers' Compensation Act 1916- 1986 in certain particulars [ASSENTED TO 12TH MAY, 1988]

Workers' Compensation Act Amendment Act 1988, No. 57 689 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Workers' Compensation Act Amendment Act 1988. 2. Principal Act and amended citation . (1) In this Act the Workers' Compensation Act 1916-1986 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Workers' Compensation Act 1916-1988. 3. Amendment of s. 3. Section 3 of the Principal Act is amended by omitting the meaning of the term "Minister" and substituting the following meaning:- "-Includes a Minister of the Crown for the time being acting for or on behalf of the Minister;". 4. Amendment of s. 3B. Composition of Board . Section 3B of the Principal Act is amended by omitting from subsection (1) the words "the Under Secretary for the time being of the Department of Labour Relations, who shall be chairman" and substituting the words "a person nominated by the Minister to be both a member and chairman". 5. Amendment of s. 3c. Powers of Board. Section 3c of the Principal Act is amended- (a) by omitting from the end of paragraph (c) the expression "." and substituting the expression ";"; (b) by inserting after paragraph (c) the following paragraph:- "(d) the services which the Board may establish to promote improved safety performance by employers.". 6. Amendment of s. 3N. Custody and affixing of seal. Section 3N of the Principal Act is amended in the third paragraph by inserting after the word "chairman" the words "or, in the absence of the chairman, the deputy chairman". 7. Amendment of s. 3P. Authentication of documents . Section 3P of the Principal Act is amended by omitting the words "by the secretary to the Board at the chairman's direction" and substituting the words ", in the absence of the chairman, the deputy chairman". 8. Amendment of s. 5A. Appointment of officers and employees. Section 5A of the Principal Act is amended by omitting subsection (3). 9. Amendment of s. 14. Section 14 of the Principal Act is amended in subsection (1)- (a) in provision (A)- (i) by inserting after the word "death" where it first occurs the words "(occurring on or after the commencement of the Workers' Compensation Act Amendment Act 1988)";

690 Workers' Compensation Act Amendment Act 1988, No. 57 (ii) by omitting from paragraph (i) the expression "$47 000" and substituting the expression "$72 000"; (iii) by omitting from paragraph (ii) of the proviso to paragraph (i) (b) the expression "$7 820" and substituting the expression "$12 000"; (iv) by omitting from paragraph (ii) (a) the expression "$6 850" and substituting the expression "$10 500"; (v) by omitting from paragraph (iv) the expression "$3 030" and substituting the expression "$8 100"; (b) by omitting paragraph (f) of provision (B) and substituting the following paragraph:- "(f) Where pursuant to a reference under section 14c a Medical Board has determined that the injury in question has resulted in a permanent partial disability to the worker, the General Manager may make to the worker as compensation for that injury a payment of compensation of a proportionate amount of the total liability specified in the table set forth in provision (C) of this subsection and the worker shall not in respect of that injury be entitled to compensation under this provision (B) in respect of any period after the making of a payment pursuant to this paragraph (f)."; (c) in provision (C)- (i) by inserting before the Table the following paragraphs:- "(j) Compensation for the injuries of loss of taste, loss of taste and smell, loss of genital organs and prescribed disfigurement mentioned in the first column of the table hereunder shall not be payable where the injury occurs before the commencement of the Workers' Compensation Act Amendment Act 1988. (k) Compensation payable for the injury of loss of bodily function shall only be payable where, pursuant to a reference under section 14c- (i) a Medical Board has determined that loss of bodily function; and (ii) the General Manager decides under provision (B) (f) of this subsection to make a payment of compensation to the worker of a proportionate amount of the total liability specified in the table set forth in this provision (C). (1) Compensation for the injury of loss of bodily function shall not be payable where compensation is payable under any other heading set out in the table hereunder.";

Workers' Compensation Act Amendment Act 1988, No. 57 691 (ii) by adding at the end of the Table thereto the particulars respectively set out in the following Table:- "Loss of taste 10 Loss of taste and smell 25 Loss of genital organs 50 Prescribed disfigurement 50 Loss of bodily function 100". 10. Amendment of s. 14A. Facial disfigurements . Section 14A of the Principal Act is amended- (a) by omitting the note appearing in and at the beginning of the section and substituting the note "Severe facial disfigurement and severe bodily scarring."; (b) by inserting after subsection (1) the following subsection:- "(l A) In this section and section 14, "prescribed disfigurement" means severe facial disfigurement and severe bodily scarring."; (c) by omitting the words "severe facial disfigurement" and "facial disfigurement" wherever they occur and substituting the words "prescribed disfigurement" in each case; (d) in subsection (7)- (i) by omitting the words "twenty-nine" wherever they occur and substituting the expression "24"; (ii) by inserting after the words "this section" in the second paragraph the expression ")". 11. Amendment of s. 14B . Compensation on workers dying or affected by diseases . Section 14B of the Principal Act is amended by omitting from the proviso to paragraph A of subsection (2) the expressions "$26 750" and "$4 440" and substituting the expressions "$72 000" and "$12 000" respectively. 12. Amendment of s. 14c. Medical Boards. Section 14c of the Principal Act is amended- (a) in subsection (6)- (i) by omitting from the first paragraph the words "the extent of the incapacity for work" and substituting the words "whether any incapacity for work occasioned by the injury is total or partial"; (ii) by omitting from the second paragraph the words "the extent of the incapacity occasioned by the injury" and substituting the words "whether any incapacity for work occasioned by the injury is total or partial"; (b) by omitting from subsection (7) the words "the extent of the then incapacity for work by reason of the injury" and substituting the

692 Workers' Compensation Act Amendment Act 1988, No. 57 words "whether there then exists incapacity for work occasioned by the injury and if so whether that incapacity is total or partial". 13. Amendment of s. 14D. Liability for payment of certain hospital and medical treatment and treatment by way of rehabilitation by Board. Section 14D of the Principal Act is amended (a) by inserting in subsection (2) (a) after the words "registered physiotherapist" the words ", a registered occupational therapist"; (b) in subsection (3)- (i) by inserting in paragraph (a) (ii) after the words "registered physiotherapist" the words ", a registered occupational therapist"; (ii) by inserting in paragraph (d) after the words "registered physiotherapist" the words ", registered occupational therapist". 14. Amendment of s. 19A. Recovery of Accounts due. Section 19A of the Principal Act is amended by inserting after the words "by virtue of this Act" the words "or as a civil debt in a court of competent jurisdiction".