Workers' Compensation Amendment Act 1995 (Qld)

Queensland WORKERS’ COMPENSATION AMENDMENT ACT 1995 Act No. 13 of 1995

Queensland WORKERS’ COMPENSATION AMENDMENT ACT 1995 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Amendment of s 1.5 (Application of Act to workers) . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 2.1 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Amendment of s 4.1 (The Fund) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Insertion of new s 11.5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11.5A Recovery of amounts from State . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Queensland Workers’ Compensation Amendment Act 1995 Act No. 13 of 1995 An Act to amend the Workers’ Compensation Act 1990 [Assented to 11 April 1995]

s1 4 Workers’ Compensation Amendment The Parliament of Queensland enacts— s4 No. 13, 1995 ˙ Short title 1. This Act may be cited as the Workers’ Compensation Amendment Act 1995 . ˙ Act amended 2. This Act amends the Workers’ Compensation Act 1990 . ˙ Amendment of s 1.5 (Application of Act to workers) 3. Section 1.5(2) to (4)— omit. ˙ Amendment of s 2.1 (Interpretation) 4. Section 2.1(1), definitions “employer” and “policy” — omit, insert— ‘ “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 2.2 (Persons declared to be employers or workers) • section 4.12 (Extent of indemnity for principals and contractors) • section 10.1(3) (Reduction of damages recoverable at law). “government entity” means the State, a State agency or instrumentality or a GOC. “government worker” means a worker employed by a government entity.

s5 5 s6 Workers’ Compensation Amendment No. 13, 1995 “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. “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; 1 and (b) a non-policy compensation arrangement.’. ˙ Amendment of s 4.1 (The Fund) 5. Section 4.1— insert— ‘ (5) Despite subsection (3), 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 (3) in relation to the government workers.’. ˙ Insertion of new s 11.5A 6. After section 11.5— insert— ˙ ‘ Recovery of amounts from State ‘ 11.5A(1) This section applies if— (a) the board pays compensation under this Act in relation to an injury sustained by a government worker; and (b) a non-policy compensation arrangement exists between the board and a government entity for the worker. ‘ (2) The government entity must pay the board the total of— 1 See section 13.1 (Application of Act to existing policies).

s6 6 s6 Workers’ Compensation Amendment No. 13, 1995 (a) the amount paid; and (b) the reasonable amount the board fixes as its charge for administering the claim for compensation.’. The State of Queensland 1995