Workers' Compensation Amendment Act 1993 (Qld)

Queensland WORKERS’ COMPENSATION AMENDMENT ACT 1993 Act No. 48 of 1993

Queensland WORKERS’ COMPENSATION AMENDMENT ACT 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s.4.1(The Fund) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 6 MINOR AMENDMENTS

Queensland Workers’ Compensation Amendment Act 1993 Act No. 48 of 1993 An Act to amend the Workers’ Compensation Act 1990 [Assented to 30 September 1993]

4 Workers’ Compensation Amendment The Parliament of Queensland enacts— No. 48, 1993 ˙ Short title 1. This Act may be cited as the Workers’ Compensation Amendment Act 1993 . ˙ Commencement 2. Section 4(2) is taken to have commenced on 1 January 1991. ˙ Amended Act 3. The Workers’ Compensation Act 1990 is amended as set out in this Act. ˙ Amendment of s.4.1(The Fund) 4.(1) Section 4.1(1A)— omit ‘ , manage and control ’, insert ‘ and manage ’. (2) Section 4.1(3)— omit, insert— ‘(3) 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

5 Workers’ Compensation Amendment No. 48, 1993 (d) payments required under this Act to be made from the Fund. ‘(4) A payment of the kind mentioned in subsection (3)(c) may be made only with the Minister’s approval. ’.

6 Workers’ Compensation Amendment No. 48, 1993 ¡ SCHEDULE MINOR AMENDMENTS section 3 1. Section 1.2(3)— omit . 2. Section 1.9(3)— omit ‘ relict ’, insert ‘ surviving spouse ’. 3. Section 2.1(1) (definition “relict”)— omit . 4. Section 2.1(1)— insert— ‘ “commencement of this Act” means the day appointed under section 1.2(2); ’. 5. Section 2.1(1) (definition “medical treatment”, paragraph (a)(viii))— omit, insert— ‘ (viiia) registered speech pathologist; ’. 6. Section 2.1(1) (definitions “jockey” and “public hospital”)— omit, insert— ‘ “jockey” means a person who is licensed as a jockey under the RacingandBettingAct1980 by the Queensland Principal Club or the

7 Workers’ Compensation Amendment No. 48, 1993 SCHEDULE (continued) Queensland Harness Racing Board; “public hospital” means a hospital controlled by a Regional Health Authority established under the Health Services Act 1991 ; ’. 7. Section 2.1(4)— omit . 8. Section 3.2(a)— omit ‘ nominated by the Minister ’. 9. Section 3.2(b), (d) and (e)— omit ‘ nominated by the Minister, ’. 10. Section 3.2(c)— omit, insert— ‘ (c) a medical practitioner who is an officer of the department that deals with matters under the Health Act 1937 ; ’. 11. Section 3.4(2)— omit, insert— ‘(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. ’. 12. Section 3.4(3)— omit ‘ is to be made on the nomination of the Minister and as far as practicable such nomination must ’, insert ‘ must, as far as practicable, ’.

8 Workers’ Compensation Amendment SCHEDULE (continued) 13. Section 3.6(1A)— omit . No. 48, 1993 14. Section 3.16— omit . 15. Section 3.21— omit, insert— ‘General Manager’s power of delegation ‘3.21 The General Manager may delegate the General Manager’s powers under this Act to an officer of the Board. ’. 16. Section 4.5(3)— omit, insert— ‘(3) The Governor in Council may approve a scheme for the distribution of an amount available for distribution under subsection (1). ‘(4) 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. ’. 17. Section 5.2(3)(c)— omit ‘ in accordance with the Oaths Act 1867 ’. 18. Section 5.5— insert— ‘(3) Compensation under this Act is not payable in respect of injury suffered by a jockey if the injury relates to a horse race or trotting race

9 Workers’ Compensation Amendment No. 48, 1993 SCHEDULE (continued) conducted at a place at which the jockey is not authorised under the Racingand Betting Act 1980 to ride or drive. ’. 19. Section 5.8(7)— omit ‘ of the Department of Community Services and Health ’. 20. Section 6.2(3)— omit ‘ on which the subsection so waived does not apply to the application ’. 21. Section 7.3(3)— omit ‘ or the State Service Superannuation Act 1972 , or any Act passed in substitution ’, insert ‘ , the StateServiceSuperannuationAct1972 or the Superannuation (State Public Sector) Act 1990 ’. 22. Section 7.6— omit ‘ relict ’, insert ‘ surviving spouse ’. 23. Section 7.6— omit ‘ relict’s ’, insert ‘ surviving spouse’s ’. 24. Section 7.14(1) and (2)— omit ‘ relict ’, insert ‘ surviving spouse ’. 25. Section 8.1(1) (Table, Column 1, paragraph (b)(ii))— omit ‘ or college of advanced education ’.

10 Workers’ Compensation Amendment No. 48, 1993 SCHEDULE (continued) 26. Section 8.1(1) (Table, Column 1, paragraph (b)(iv))— omit, insert— ‘ (iv) by a Regional Health Authority established under the HealthServices Act 1991 ; ’. 27. Section 8.1(1) (Table, Column 2, opposite paragraph (f) in Column 1)— omit ‘ widow’s ’, insert ‘ class B widow ’. 28. Section 8.7(1)— omit ‘ for the time being, by order in council ’, insert ‘ by regulation ’. 29. Section 8.7(2)— omit ‘ An order in council ’, insert ‘ A regulation ’. 30. Section 8.7(3)— omit ‘ order in council ’, insert ‘ regulation ’. 31. Section 8.7(3)(a) and (b)— omit ‘ order ’, insert ‘ regulation ’. 32. Section 8.11— omit ‘ order in council ’, insert ‘ regulation ’. 33. Section 8.13(1) (Table, Column 1, paragraph (c))— omit ‘ relict ’, insert ‘ surviving spouse ’.

11 Workers’ Compensation Amendment No. 48, 1993 SCHEDULE (continued) 34. Section 8.15(2) (Table, Column 1, paragraph (a) and (b))— omit ‘ relict ’, insert ‘ surviving spouse ’. 35. Section 8.24(3)— omit ‘ accepted as reasonable, on which the Board is liable to pay the fee or cost as so increased in that particular case ’. 36. Section 8.27(2)(a)— omit ‘ Transport Brigade ’, insert ‘ Service ’. 37. Section 8.27(4)— omit, insert— ‘(4) If— (a) a worker is not entitled under subsection (3)(a) to be recouped by the Board for travelling expenses; and (b) in a period of 7 consecutive days, the worker incurs travelling expenses in reasonably travelling at least 150 km to and from a place for the purpose of seeking medical or hospital treatment for an injury suffered by the worker; the Board is liable to recoup the worker for the expenses. ’. 38. Section 8.28(4)— omit, insert— ‘(4) Within 60 days after receiving written notice of the suspension of the entitlement to compensation, the worker may, by written notice given to the Board, require the General Manager to refer the suspension to an Industrial Magistrate. ‘(5) If the Board receives a notice under subsection (4), the General Manager must immediately refer the suspension to an Industrial Magistrate.

12 Workers’ Compensation Amendment No. 48, 1993 SCHEDULE (continued) ‘(6) The Industrial Magistrate is to review the suspension and may confirm or revoke the General Manager’s decision. ’. 39. Section 8.32— omit, insert— ‘Variation of payments for mining diseases ‘8.32 If— (a) the prescribed base rate; or (b) the amount of age, invalid or class B widow pension payable under the Social Security Act 1991 of the Commonwealth; is varied, the Governor in Council may, by regulation, vary any payment or amount to which a person is entitled under the Workers’ Compensation Act 1916 in respect of the disease silicosis or anthraco-silicosis. ’. 40. Section 9.2(2)— omit, insert— ‘(2) The Governor in Council, by Gazette notice, is to appoint, for a specified period of not more than 3 years, a panel of 16 medical practitioners as members of the General Medical Assessment Tribunal. ’. 41. Section 9.2(4) and (5)— omit, insert— ‘(4) The Governor in Council, by Gazette notice, may appoint an alternate panel of members for a specified period of not more that 3 years. ’. 42. Section 9.2(6)— renumber as subsection (5).

13 Workers’ Compensation Amendment SCHEDULE (continued) 43. Section 9.3(1)— omit ‘ order in council ’, insert ‘ Gazette notice ’. No. 48, 1993 44. Section 9.3(2)— omit ‘ order in council ’, insert ‘ Gazette notice ’. 45. Section 9.4(1)— omit ‘ order in council by which the panel is appointed, or by another such order, or other such orders ’, insert ‘ Gazette notice ’. 46. Section 9.4(2)— omit, insert— ‘(2) If the chairperson is not available to attend to the business of the General Medical Assessment Tribunal, a deputy chairperson is to act as chairperson of the Tribunal. ’. 47. Section 9.6(3) and (4)— omit, insert— ‘(3) Each member of a specialty medical assessment tribunal is to be appointed by the Governor in Council by Gazette notice. ‘(4) The Governor in Council may appoint not more than 25 alternate members of a specialty medical assessment tribunal. ‘(4A) A member or alternate member is to be appointed for a term of not more than 3 years specified in the Gazette notice making the appointment. ’. 48. Section 9.7 and 9.8— omit, insert—

14 Workers’ Compensation Amendment No. 48, 1993 SCHEDULE (continued) ‘Vacation of office as member or alternate member of specialty medical assessment tribunal ‘9.7 A person is taken to have vacated the office of member or alternate member of a specialty medical assessment tribunal if the person— (a) dies; or (b) resigns that office by signed notice given to the Minister; or (c) becomes incapable of discharging the duties of the office; or (d) if the General Manager nominated the person under section 9.6(2)—becomes an employee of the Board. ‘Constitution of specialty medical assessment tribunal in absence of members ‘9.8 If— (a) a member of a specialty medical assessment tribunal is unavailable to attend to the business of the tribunal; or (b) there is a vacancy in the membership of a specialty medical assessment tribunal; an alternate member for the tribunal designated by the General Manager is to act as a member of the tribunal. ’. 49. Section 9.15(2)(a)— omit ‘ Director-General of Health and Medical Services ’, insert ‘ Chief Health Officer within the meaning of the Health Act 1937 ’. 50. Section 9.15(3)— omit ‘ by the Director-General ’, insert ‘ under subsection (2)(a) ’.

15 Workers’ Compensation Amendment No. 48, 1993 SCHEDULE (continued) 51. Section 11.9(1)— omit, insert— ‘ (b) the Director, an inspector or another officer concerned in the administration of the Workplace Health and Safety Act 1989 ; ’. 52. Part 12 (Heading)— omit ‘AND ORDERS IN COUNCIL’. 53. Section 12.1(u)— omit, insert— ‘ (u) contraventions of a regulation and fixing a penalty for a contravention of a fine of not more than 4 penalty units; ’. 54. Section 12.3— omit . 55. Sections 3.2(a), 3.2(b), 3.8(2), 3.9(1A), 3.9(2), 3.11(1), (1A), (2) and (6), 3.12(1), 3.13(1) and (1B), 3.15, 9.2(1), 9.4(1), (2A) and (3), 9.5(1), (1A), (2), (2A) and (3), 9.9(1) and (2), 9.15(3), 9.16(3) and (4), 9.20(2)— omit ‘ chairmember ’, insert ‘ chairperson ’. 56. Section 9.4(1)— omit ‘ chairmembers ’, insert ‘ chairpersons ’. 57. Section 9.4 (heading)— omit, insert—

16 Workers’ Compensation Amendment No. 48, 1993 SCHEDULE (continued) ‘Chairperson and deputy chairperson of General Medical Assessment Tribunal’. 58. Section 9.4(2A)— omit ‘ chairmember’s ’, insert ‘ chairperson’s ’. 59. Section 9.9 (heading)— omit ‘Chairmember’, insert ‘Chairperson’. The State of Queensland 1993