Workers' Compensation Amendment Regulation (No. 1) 1996 (Qld)

Queensland Subordinate Legislation 1996 No. 161 Workers’ Compensation Act 1990 WORKERS’ COMPENSATION AMENDMENT REGULATION (No. 1) 1996 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Replacement of ss 33 and 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 33 Insurance of work experience students . . . . . . . . . . . . . . . . . . . . . . . . 2 34 Insurance of industry placement students . . . . . . . . . . . . . . . . . . . . . 4 5 Amendment of sch 1 (Schedule of rates) . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Amendment of sch 2 (Table of injuries) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

s1 2 s4 Workers’ Compensation Amendment (No. 1) No. 161, 1996 ˙ Short title 1. This regulation may be cited as the Workers’ Compensation Amendment Regulation (No. 1) 1996 . ˙ Commencement 2. This regulation commences on the day the Education(WorkExperience) Act 1996 , section 8, commences. ˙ Regulation amended 3. This regulation amends the Workers’ Compensation Regulation 1992 . ˙ Replacement of ss 33 and 34 4. Sections 33 and 34— omit, insert— ˙ ‘ Insurance of work experience students ‘33.(1) In this section— “corporation” means the corporation sole of the Minister established under the Education (General Provisions) Act 1989 . “educational establishment” has the meaning given in the Education(Work Experience) Act 1996 , section 5. “student” has the meaning given in the Education (Work Experience) Act1996 , section 3. “work experience” has the meaning given in the Education(WorkExperience) Act 1996 , section 4. “work experience place” means a place where work experience is, or is to be, provided for a student. ‘ (2) The board may enter into a contract of insurance with an educational establishment or the corporation to insure the educational establishment or the corporation against liability for compensation for injury to a student arising out of work experience. ‘ (3) Unless subsection (4) applies, an injury suffered by a student is

s4 3 s4 Workers’ Compensation Amendment (No. 1) No. 161, 1996 taken to arise out of, or in the course of, work experience if the injury happens— (a) at the work experience place; or (b) while the student is travelling between the student’s place of abode or educational establishment and the work experience place; or (c) while the student is travelling between a place mentioned in paragraph (b) and another place, or is at the other place, to do— (i) any of the following in relation to an injury for which the student is entitled to compensation under this section— • obtain a certificate from a registered person • receive medical treatment or advice or hospital attention or advice • receive payment of compensation; or (ii) any of the following under the Act— • be examined by a registered person • undergo rehabilitation. ‘ (4) An injury suffered by a student is taken not to arise out of, or in the course of, work experience if the injury happens— (a) after substantial delay (other than from circumstances beyond the student’s control) in starting to travel— (i) from a work experience place to the student’s place of abode or educational establishment; or (ii) from another place mentioned in subsection (3)(c) to the work experience place or the student’s place of abode or educational establishment; or (b) during or after a substantial interruption to or deviation from, and before completion of, travelling mentioned in subsection (3) (other than an interruption or deviation from circumstances beyond the student’s control). ‘ (5) Insurance cover provided under a contract of insurance under this section is limited to compensation for injury prescribed under part 9 of the

s4 4 s4 Workers’ Compensation Amendment (No. 1) No. 161, 1996 Act but does not include— (a) payment in relation to total or partial incapacity for work resulting from the injury; and (b) payment for medical treatment, hospitalisation or hospital attention, rehabilitation or a prosthesis, or for travelling expenses incurred in connection with any of these matters. ‘ (6) Also, the insurance cover does not extend to paying damages for injury suffered by a student in circumstances creating, independently of the Act or this section, a legal liability in any person to pay damages for the injury. ‘ (7) The board has no liability under a contract of insurance entered under this section unless— (a) the premium assessed for the contract has been paid in full; or (b) the contract is a non-policy compensation arrangement. ˙ ‘ Insurance of industry placement students ‘ 34.(1) In this section— “college” has the meaning given in the Vocational Education and Training(Industry Placement) Act 1992 , section 4. “industry placement” has the meaning given in the Vocational Educationand Training (Industry Placement) Act 1992 , section 8, but does not include a paid industry placement. “industry placement place” means a place where industry placement is, or is to be, provided for a student. “student” has the meaning given in the VocationalEducationandTraining (Industry Placement) Act 1992 , section 4. ‘ (2) The board may enter into a contract of insurance with a college to insure the college against liability for compensation for injury to a student arising out of an industry placement. ‘ (3) Unless subsection (4) applies, an injury suffered by a student is taken to arise out of, or in the course of, an industry placement if the injury happens—

s4 5 s4 Workers’ Compensation Amendment (No. 1) No. 161, 1996 (a) at the industry placement place; or (b) while the student is travelling between the student’s place of abode or college and the industry placement place; or (c) while the student is travelling between a place mentioned in paragraph (b) and another place, or is at the other place, to do— (i) any of the following in relation to an injury for which the student is entitled to compensation under this section— • obtain a certificate from a registered person • receive medical treatment or advice or hospital attention or advice • receive payment of compensation; or (ii) any of the following under the Act— • be examined by a registered person • undergo rehabilitation. ‘ (4) An injury suffered by a student is taken not to arise out of, or in the course of, an industry placement if the injury happens— (a) after substantial delay (other than from circumstances beyond the student’s control) in starting to travel— (i) from an industry placement place to the student’s place of abode or college; or (ii) from another place mentioned in subsection (3)(c) to the industry placement place or the student’s place of abode or college; or (b) during or after a substantial interruption to or deviation from, and before completion of, travelling mentioned in subsection (3) (other than an interruption or deviation from circumstances beyond the student’s control). ‘ (5) Insurance cover provided under a contract of insurance under this section is limited to compensation for injury prescribed under part 9 of the Act but does not include— (a) payment in relation to total or partial incapacity for work resulting from the injury; and

s5 6 s5 Workers’ Compensation Amendment (No. 1) No. 161, 1996 (b) payment for medical treatment, hospitalisation or hospital attention, rehabilitation or a prosthesis, or for travelling expenses incurred in connection with any of these matters. ‘ (6) Also, the insurance cover does not extend to paying damages for injury suffered by a student in circumstances creating, independently of the Act or this section, a legal liability in any person to pay damages for the injury. ‘ (7) The board has no liability under a contract of insurance entered under this section unless— (a) the premium assessed for the contract has been paid in full; or (b) the contract is a non-policy compensation arrangement.’. ˙ Amendment of sch 1 (Schedule of rates) 5. Schedule 1, table, item 451100— omit, insert— ‘451100 (h) Education (WorkExperience) Act 1996 (section 33 of the regulation) . . . . . . . . . . . 3.00 for each student for a year or part of a year 452200 (i) Vocational Education andTraining (IndustryPlacement) Act 1992 (section 34 of the regulation) . . . . . . . . . . . 3.00 for each student for a year or part of a year’.

s6 7 s6 Workers’ Compensation Amendment (No. 1) No. 161, 1996 ˙ Amendment of sch 2 (Table of injuries) 6.(1) Schedule 2, part 3, division 1, section 1(3), ‘$42 730’— omit, insert— ‘$40 730’. (2) Schedule 2, part 4, division 2, heading ‘Lumbrosacral spine’— omit, insert— ‘ Lumbosacral spine ’. ENDNOTES 1. Made by the Governor in Council on 27 June 1996. 2. Notified in the gazette on 28 June 1996. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Training and Industrial Relations. © State of Queensland 1996