Workers' Compensation Amendment Regulation (No. 1) 1995 (Qld)

Queensland Subordinate Legislation 1995 No. 171 Workers’ Compensation Act 1990 WORKERS’ COMPENSATION AMENDMENT REGULATION (No. 1) 1995 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Omission of s 7 (Information as to wages or contracts) . . . . . . . . . . . . . . . . 2 6 Amendment of s 8 (Policies and renewals) . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Amendment of s 9 (Assessment of premium) . . . . . . . . . . . . . . . . . . . . . . . . 3 8 Replacement of s 11 (Payment of premium) . . . . . . . . . . . . . . . . . . . . . . . . 4 11 Payment of premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Amendment of s 13 (Adjustment and variation of premium) . . . . . . . . . . . . 5 10 Amendment of s 16 (Records to be kept) . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Insertion of new s 25A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 25A Basis for working out amount worker may earn before pension is reduced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

s1 2 s6 Workers’ Compensation Amendment (No. 1) No. 171, 1995 ˙ Short title 1. This regulation may be cited as the Workers’ Compensation Amendment Regulation (No. 1) 1995 . ˙ Regulation amended 2. This regulation amends the Workers’ Compensation Regulation 1992 . ˙ Commencement 3. Sections 4, 6, 7 and 9(2) and (3) commence on 1 July 1995. ˙ Amendment of s 4 (Interpretation) 4. Section 4, definition “approved ambulance service” — omit. ˙ Omission of s 7 (Information as to wages or contracts) 5. Section 7— omit. ˙ Amendment of s 8 (Policies and renewals) 6. Section 8— insert— ‘ (5) In this section— “further premium” includes— (a) arrears of premium; and (b) interest on premium under section 11(4); and (c) additional premium for late payment under section 12; and (d) additional premium under section 13(7); and

s7 3 s7 Workers’ Compensation Amendment (No. 1) No. 171, 1995 (e) a payment or penalty payable under the Act, section 50(2); and (f) another amount payable to the board under the Act.’. ˙ Amendment of s 9 (Assessment of premium) 7.(1) Section 9(1)— omit, insert— ‘ 9.(1) The board must assess premium payable under a policy for accident or other insurance for each period of insurance shown in a premium notice. ‘ (1A) Premium must be assessed using, as the basis for calculating it, a reasonable estimate of amounts the insured employer will pay to workers as wages for the period of insurance. ‘ (1B) The board must assess premium in accordance with the schedule of rates. ‘ (1C) However, if the policy relates to government workers, the board may, at the board’s option, assess premium at the rate decided by the board after taking actuarial advice. ‘ (1D) Subsections (1) to (1C)— (a) do not apply to a default assessment of premium; 1 and (b) are subject to subsections (2) to (4A).’. (2) Section 9— insert— ‘ (4A) For assessing premium for a director or trustee, the weekly wage of the director or trustee is taken to be the greater of the following— (a) the amount of wages actually paid; (b) the minimum rate of wages provided by the Engineering Award—State made by the Industrial Relations Commission for employees of the class ‘Wage Group C10’ in the Southern Division and applying at the start of each period of insurance.’. 1 Default assessments are made under section 53 (Default assessment) of the Act.

s8 4 s8 Workers’ Compensation Amendment (No. 1) No. 171, 1995 (3) Section 9(1A) to (6)— renumber. ˙ Replacement of s 11 (Payment of premium) 8. Section 11— omit, insert— ˙ ‘ Payment of premium ‘ 11.(1) An employer must pay to the board the premium shown in the premium notice. ‘ (2) The premium must be paid on or before the day for payment prescribed under the Act, part 4, or, if a payment date is shown in the notice, that payment date. ‘ (3) However, the board may accept payment of the premium by instalments under an instalment plan decided by the board if the board is satisfied payment of the premium by the due date would impose financial hardship on the employer. ‘ (4) The instalment plan must include the following conditions— (a) interest, at an annual rate equal to the last rate published by the Reserve Bank of Australia as Interest Rates and Yields—Capital Market for 10 year Treasury bonds, at whichever of 1 July, 1 October, 1 January or 1 April is last before the day the board decided to accept payment of the premium by instalments, must be added to the amount of each instalment; (b) interest must be calculated from the day for payment of premium prescribed under the Act, part 4, or shown in the premium notice; (c) the interest rate that applies at the start of the instalment plan remains constant until the plan ends; (d) on acceptance of the instalment plan, the employer must, if required by the board, immediately give to the board a bill of exchange for the amount of each instalment plus the appropriate amount of interest; (e) if the bill of exchange is not paid on the day it becomes payable, the total amount of unpaid instalments and interest on outstanding

s 9 5 s 10 Workers’ Compensation Amendment (No. 1) No. 171, 1995 instalments to that day immediately becomes payable to the board, and the policy for which the premium is payable ceases to have effect.’. ˙ Amendment of s 13 (Adjustment and variation of premium) 9.(1) Section 13(2)— omit, insert— ‘ (2) The declaration of contracts need only set out contracts for the performance of work for which $2 000 or more has been paid. ‘ (2A) However, the board may require more information about other contracts by written notice given to the employer,’. (2) Section 13(3), (4), (5) and (6A)— omit. (3) Section 13(6), ‘and, where appropriate, variation of premium under subsection (3)’— omit. (4) Section 13— insert— ‘ (8) In this section— “actual expenditure on account of wages” , by an employer for a worker, means— (a) the amount of wages actually paid by the employer to or for the worker; or (b) the amount of wages taken to have been paid by the employer to or for the worker under this regulation.’. (5) Sections 13(2) to (8)— renumber. ˙ Amendment of s 16 (Records to be kept) 10.(1) Section 16(1) and (2)—

s 10 6 s 10 Workers’ Compensation Amendment (No. 1) No. 171, 1995 omit, insert— ‘ 16.(1) In this section— “worker” does not include a household worker. ‘ (2) An employer or contractor must keep the following documents for the Act, section 75— (a) the time and wages book, or wages book, and the register of employees, required to be kept under the Industrial Relations Act1990 ; 2 (b) documents, or accurate and complete copies of documents, required to be kept under Commonwealth law for payments made to the employer’s workers or contractors for the performance of work, including, for example— (i) group certificates; (ii) group employer’s reconciliation statements; (iii) prescribed payment system payer’s reconciliation statements; (c) the person’s profit and loss account (to the extent it relates to amounts paid for wages for workers, or to contractors); (d) each contract for the performance of work. ‘ (2A) However, a document mentioned in subsection (2)(b) or (c) need not contain information an employer or contractor reasonably believes is confidential and not necessary to enable the board to work out the person’s actual expenditure on wages or for contracts for the period to which the document relates. Example— 1. Income and profit lines. 2. Tax file numbers. ’. (2) Section 16(4), ‘ (4) A sharefarmer’— 2 See section 496 (Time and wages record of award employees), section 497 (Wages record of non-award employees) and section 498 (Register of employees)

s 11 7 s 11 Workers’ Compensation Amendment (No. 1) No. 171, 1995 omit, insert— ‘ (4) A sharefarmer who, under the Act, section 8(8), is a worker’. (3) Section 16(4)(a)(iii) and (iv)— omit, insert— ‘(iii) if the sharefarmer employs a worker for the sharefarming agreement—documents of the type mentioned in subsection (2); and’. (4) Section 16(2) to (5)— renumber. ˙ Insertion of new s 25A 11. After section 25— insert— ˙ ‘ Basis for working out amount worker may earn before pension is reduced ‘ 25A. For the Act, section 124(4)(b), the amount the worker may earn is the amount a person in the worker’s position receiving a pension mentioned in the Act, section 124(1), table, item (f), column 2, may earn before the person’s maximum pension is reduced.’. ENDNOTES 1. Made by the Governor in Council on 8 June 1995. 2. Notified in the Gazette on 9 June 1995. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Workers’ Compensation Board. © State of Queensland 1995