Workers’ Compensation and Rehabilitation Act 2003 (Qld)

Workers’ Compensation and Rehabilitation Act 2003

An Act to establish a workers’ compensation scheme for Queensland, and for other purposes

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Workers’ Compensation and Rehabilitation Act 2003.

2   Commencement

(1)Sections 613 to 618 and 621 are taken to have commenced on 1 April 2003.

(2)The remaining provisions of this Act, (other than sections 612, 619 and 620) commence on 1 July 2003.

3   Act binds all persons

This Act binds all persons, including the State, and, so far as the legislative power of Parliament permits, the other States.

3A   Notes in text

A note in the text of this Act is part of the Act.

Part 2    Objects

4   Objects of Act

(1)This part states the main objects of this Act.

(2)The objects are an aid to the interpretation of this Act.

5   Workers’ compensation scheme

(1)This Act establishes a workers’ compensation scheme for Queensland—

(a)providing benefits for workers who sustain injury in their employment, for dependants if a worker’s injury results in the worker’s death, for persons other than workers, and for other benefits; and

(b)encouraging improved health and safety performance by employers.

(2)The main provisions of the scheme provide the following for injuries sustained by workers in their employment—

(a)compensation;

(aa)implementation of the national injury insurance scheme for serious personal injuries resulting from workplace incidents connected with Queensland;

(b)regulation of access to damages;

(c)employers’ liability for compensation;

(d)employers’ obligation to be covered against liability for compensation and damages either under a WorkCover insurance policy or under a licence as a self-insurer;

(e)management of compensation claims by insurers;

(f)injury management, emphasising rehabilitation of workers particularly for return to work;

(g)procedures for assessment of injuries by appropriately qualified persons or by independent medical assessment tribunals;

(h)rights of review of, and appeal against, decisions made under this Act.

(3)There is some scope for the application of this Act to injuries sustained by persons other than workers, for example—

(a)under arrangements for specified benefits for specified persons or treatment of specified persons in some respects as workers; and

(b)under procedures for assessment of injuries under other Acts by medical assessment tribunals established under this Act.

(4)It is intended that the scheme should—

(a)maintain a balance between—

(i)providing fair and appropriate benefits for injured workers or dependants and persons other than workers; and

(ii)ensuring reasonable cost levels for employers; and

(b)ensure that injured workers or dependants are treated fairly by insurers; and

(c)provide for the protection of employers’ interests in relation to claims for damages for workers’ injuries; and

(d)provide for employers and injured workers to participate in effective return to work programs; and

(da)provide for workers or prospective workers not to be prejudiced in employment because they have sustained injury to which this Act or a former Act applies; and

(e)provide for flexible insurance arrangements suited to the particular needs of industry.

(5)It is also intended that workers and employers understand that they may, as they consider appropriate, seek advice and support in relation to the scheme from a lawyer or a registered industrial organisation.

(6)Because it is in the State’s interests that industry remain locally, nationally and internationally competitive, it is intended that compulsory insurance against injury in employment should not impose too heavy a burden on employers and the community.

6   Administration

This Act provides for the efficient administration of the scheme and of this Act through the establishment of the office of the Workers’ Compensation Regulator and WorkCover.

Part 3    Definitions

7   Definitions

The dictionary in schedule 6 defines particular words used in this Act.

Part 4    Basic concepts

Division 1 Accident insurance, compensation and damages

8   Meaning of accident insurance

Accident insurance is insurance by which an employer is indemnified against all amounts for which the employer may become legally liable, for injury sustained by a worker employed by the employer for—

(a)compensation; and

(b)damages.

9   Meaning of compensation

Compensation is compensation under this Act, that is, amounts for a worker’s injury payable under chapters 3, 4 and 4A by an insurer to a worker, a dependant of a deceased worker or anyone else, and includes compensation paid or payable under a former Act.

10   Meaning of damages

(1)Damages is damages for injury sustained by a worker in circumstances creating, independently of this Act, a legal liability in the worker’s employer to pay damages to—

(a)the worker; or

(b)if the injury results in the worker’s death—a dependant of the deceased worker.

(2)A reference in subsection (1) to the liability of an employer does not include a liability against which the employer is required to provide under—

(a)another Act; or

(b)a law of another State, the Commonwealth or of another country.

(3)Also, a reference in subsection (1) to the liability of an employer does not include a liability to pay damages for loss of consortium resulting from injury sustained by a worker.

10A   Meaning of QOTE

(1)QOTE, for a financial year, is—

(a)the amount of Queensland full-time adult persons ordinary time earnings declared by the Australian Statistician in the original series of the statistician’s average weekly earnings publication most recently published before the start of the financial year; or

(b)if the amount mentioned in paragraph (a) is less than QOTE for the previous financial year—the amount that is QOTE for the previous financial year.

(2)The Regulator must, before the start of a financial year, notify—

(a)QOTE for the financial year; and

(b)the percentage difference in QOTE for the financial year compared to QOTE for the previous financial year.

(3)The percentage difference under subsection (2)(b) may be rounded to the nearest second decimal place.

(4)The Regulator’s notice is subordinate legislation.

Division 2 Workers

11   Who is a worker

(1)A worker is—

(a)a person who—

(i)works under a contract; and

(ii)in relation to the work, is an employee for the purpose of assessment of PAYG withholding under the Taxation Administration Act 1953 (Cwlth), schedule 1, chapter 2, part 2-5; or

(b)a person who is a regulated worker under the Fair Work Act 2009 (Cwlth) if—

(i)a minimum standards order, minimum standards guideline or collective agreement applies to, or covers, the person under chapter 3A of that Act; and

(ii)the person is prescribed by regulation to be a worker.

(2)Also, schedule 2, part 1 sets out who is a worker in particular circumstances.

(3)However, schedule 2, part 2 sets out who is not a worker in particular circumstances.

(4)Only an individual can be a worker for this Act.

Division 3 Persons entitled to compensation other than workers

Subdivision 1A Preliminary

11A   Compensation to which this division does not apply

In this division, a reference to an entitlement to compensation does not include an entitlement to compensation under chapter 4A.

Subdivision 1 Volunteers etc.

12   Entitlements of persons mentioned in sdiv 1

(1)A person mentioned in this subdivision who is covered under a contract of insurance entered into with WorkCover for this subdivision has, subject to this subdivision—

(aa)an entitlement to a basic weekly payment under chapter 3, part 9, division 2A; and

(a)an entitlement to weekly payments of compensation under chapter 3, part 9, division 4, subdivision 3 and division 5, subdivision 1; and

(b)for all other entitlements—the same entitlements to compensation as a worker.

(2)The contract must not cover the payment of damages for injury sustained by the person.

(2A)However, the contract must cover the payment of damages if the person is a specified volunteer firefighter who sustains an injury that is a specified disease.

Note—

See also section 236A about the application of chapter 5 to specified volunteer firefighters.

(3)For the purpose of the contract, in the application of the definition injury to the person—

(a)the activity covered by the contract is taken to be the person’s employment; and

(b)the party with whom WorkCover enters the contract is taken to be the person’s employer.

13   Particular persons under Disaster Management Act 2003

(1)WorkCover may enter into a contract of insurance for this subdivision with the police commissioner.

(2)The contract may cover—

(a)a person required to give reasonable help under the Disaster Management Act 2003, section 77(1)(q) or 112(3)(g); or

(b)another person performing a function or exercising a power under that Act.

(3)A person covered by the contract is entitled to compensation for injury sustained only while engaged in disaster operations, or participating in an activity arising out of, or in the course of, disaster operations, including training.

(4)In this section—

disaster operations see the Disaster Management Act 2003, section 15.

13A   Marine Rescue Queensland volunteer

(1)WorkCover may enter into a contract of insurance for this subdivision with the commissioner of the police service in the commissioner’s capacity as having responsibility for the administration of Marine Rescue Queensland under the Marine Rescue Queensland Act 2024.

(2)The contract may cover an MRQ volunteer under the Marine Rescue Queensland Act 2024.

(3)A person covered by the contract is entitled to compensation for injury sustained only while performing an authorised function, or participating in an activity arising out of, or in the course of, performing an authorised function, including training.

(4)In this section—

authorised function means an MRQ function under the Marine Rescue Queensland Act 2024.

13B   State Emergency Service volunteer

(1)WorkCover may enter into a contract of insurance for this subdivision with the commissioner of the police service in the commissioner’s capacity as having responsibility for the administration of the State Emergency Service under the State Emergency Service Act 2024.

(2)The contract may cover an SES volunteer under the State Emergency Service Act 2024.

(3)A person covered by the contract is entitled to compensation for injury sustained only while performing an authorised function, or participating in an activity arising out of, or in the course of, performing an authorised function, including training.

(4)In this section—

authorised function means an SES function under the State Emergency Service Act 2024.

14   Rural fire brigade member

(1)WorkCover may enter into a contract of insurance for this subdivision with the authority responsible for management of a rural fire brigade under the Fire Services Act 1990.

(2)The contract may cover a member of the rural fire brigade.

(3)A person covered by the contract is entitled to compensation for injury sustained only while performing duties, including being trained, as a member of the rural fire brigade.

(4)However, a person covered by the contract is also entitled to compensation if the person is a specified volunteer firefighter who sustains an injury that is a specified disease.

(5)Subsections (3) and (4) do not limit section 12(2A).

15   Volunteer firefighter or volunteer fire warden

(1)WorkCover may enter into a contract of insurance for this subdivision with the authority responsible for the management of the State’s fire services.

(2)The contract may cover a volunteer firefighter or a volunteer fire warden (volunteer).

(3)A person covered by the contract is entitled to compensation for injury sustained only while attending at a fire, or practising, or performing any other duty, as a volunteer.

(4)However, a person covered by the contract is also entitled to compensation if the person is a specified volunteer firefighter who sustains an injury that is a specified disease.

(5)Subsections (3) and (4) do not limit section 12(2A).

16   Local government, statutory or industrial body member

(1)WorkCover may enter into a contract of insurance for this subdivision with a local government, statutory body, industrial union of employees or employers or an association of employers or a similar body of a public nature (public body).

(2)The contract may cover a councillor, member, delegate or similar person of the public body (member).

(3)A person covered by the contract is entitled to compensation for injury sustained only while attending meetings of the public body or performing any other duty of office as a member.

Note—

A local government councillor can also be covered by a self-insurer’s licence—see chapter 2 (Employer’s obligations), part 4 (Employer’s self-insurance), division 1A (Local government self-insurers).

17   Honorary ambulance officers

(1)WorkCover may enter into a contract of insurance for this subdivision with the authority responsible for the State’s ambulance transport.

(2)The contract may cover an honorary ambulance officer (volunteer).

(3)A person covered by the contract is entitled to compensation for injury sustained only while performing a duty required of the person as a volunteer.

18   Person in voluntary or honorary position with religious, charitable or benevolent organisation

(1)WorkCover may enter into a contract of insurance for this subdivision with a church, non-profit charitable organisation or benevolent institution (institution).

(2)The contract may cover a person in a voluntary or honorary position with the institution (volunteer).

(3)A person covered by the contract is entitled to compensation for injury sustained only while engaged on a specific capital undertaking of the institution and performing a duty required by or for the institution for the undertaking, as a volunteer.

19   Person in voluntary or honorary position with non-profit organisation

(1)WorkCover may enter into a contract of insurance for this subdivision with a non-profit organisation.

(2)The contract may cover a person in a voluntary or honorary position with the organisation (volunteer).

(3)A person covered by the contract is entitled to compensation for injury sustained only while attending meetings and performing any other duty the organisation requires, as a volunteer.

Subdivision 2 Persons performing community service etc.

20   Entitlements of persons mentioned in sdiv 2

(1)A person mentioned in this subdivision who is covered under a contract of insurance entered into with WorkCover for this subdivision has, subject to this subdivision—

(a)an entitlement to weekly payments of compensation under chapter 3, part 9, division 4, subdivision 3 and division 5, subdivision 1; and

(b)for all other entitlements—the same entitlements to compensation as a worker.

(2)The contract does not cover payment of damages for injury sustained by the person.

(3)For the purpose of the contract, in the application of the definition injury to the person—

(a)the activity covered by the contract is taken to be the person’s employment; and

(b)the party with whom WorkCover enters the contract is taken to be the person’s employer.

21   Persons performing community service or unpaid duties

(1)WorkCover may enter into a contract of insurance for this subdivision with the authority responsible for directing the performance of—

(a)community service under a community service order or fine option order under the Penalties and Sentences Act 1992; or

(b)community service under a community service order under any other Act; or

(c)a work related activity or program as part of an order or program under the Youth Justice Act 1992, other than an activity or program performed while in the custody of the chief executive (corrective services).

Note—

For the definition chief executive (corrective services), see the Acts Interpretation Act 1954, schedule 1.

(2)The contract may cover a person performing the community service or the work related activity or program.

(3)A person covered by the contract is entitled to compensation for injury sustained only while performing the community service or the work related activity or program.

Subdivision 3 Students

22   Students

(1)WorkCover may enter into—

(a)a contract of insurance for this subdivision with the authority through which is administered the Education (Work Experience) Act 1996 in relation to a State student; or

(b)a contract of insurance for this subdivision with the person having control of a non-State school in relation to a student enrolled at the school who is 14 or over; or

(c)a contract of insurance for this subdivision with a registered training organisation attended by a vocational placement student.

(2)The contract may cover the student for injury arising out of, or in the course of, work experience or vocational placement as provided under a regulation but must not cover a student for damages.

(3)The student has the entitlement to compensation for injury that is provided under a regulation.

(4)In this section—

non-State school means an accredited school under the Education (Accreditation of Non-State Schools) Act 2017.

registered training organisation see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

State student means a student defined in the Education (Work Experience) Act 1996, dictionary.

Subdivision 4 Eligible persons

23   Meaning of eligible person

An eligible person is an individual who, other than as a worker, receives remuneration or other benefit for performing work, or providing services as—

(a)a contractor; or

(b)a self-employed individual; or

(c)a director of a corporation; or

(d)a trustee; or

(e)a member of a partnership.

24   Eligible person may apply to be insured

WorkCover must enter into a contract of insurance for this subdivision with an eligible person who wishes to enter into a contract of insurance with WorkCover for this subdivision.

25   Entitlements of eligible persons

(1)A person mentioned in this subdivision who is covered under a contract of insurance entered into with WorkCover for this subdivision has, subject to this subdivision—

(a)an entitlement to weekly payments of compensation under chapter 3, part 9, division 4, subdivision 4 and division 5, subdivision 2; and

(b)for all other entitlements—the same entitlements to compensation as a worker.

(2)The contract does not cover payment of damages for injury sustained by the person.

Subdivision 5 Other persons

26   Other persons

(1)WorkCover may enter into a contract of insurance for this subdivision with a person (the insured person), whether or not an employer, for injury sustained by other persons.

(2)The contract may cover a person who performs work or provides a service from which the insured person gains a benefit for the same entitlements provided to a worker under this Act.

(3)Cover under the contract must not exceed the cover available under this Act for—

(a)compensation; or

(b)damages.

Division 4 Spouses, members of the family and dependants

27   Meaning of dependant

A dependant, of a deceased worker, is a member of the deceased worker’s family who was completely or partly dependent on the worker’s earnings at the time of the worker’s death or, but for the worker’s death, would have been so dependent.

28   Meaning of member of the family

A person is a member of the family of a deceased worker, if the person is—

(a)the worker’s—

(i)spouse; or

(ii)parent, grandparent or step-parent; or

(iii)child, grandchild or stepchild; or

(iv)brother, sister, half-brother or half-sister; or

(b)if the worker stands in the place of a parent to another person—the other person; or

(c)if another person stands in the place of a parent to the deceased worker—the other person.

29   Who is the spouse of a deceased worker

(1)The spouse, of a deceased worker, includes the worker’s de facto partner only if the worker and the de facto partner lived together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954, section 32DA—

(a)generally—

(i)for a continuous period of at least 2 years ending on the worker’s death; or

(ii)for a shorter period ending on the deceased’s death, if the circumstances of the de facto relationship of the deceased and the de facto partner evidenced a clear intention that the relationship be a long-term, committed relationship; or

(b)if the deceased left a dependant who is a child of the relationship—immediately before the worker’s death.

(2)In this section—

child of the relationship means a child of the worker and the de facto partner, and includes a child born after the worker’s death.

dependant includes a child born after the worker’s death who would have been completely or partly dependent on the worker’s earnings after the child’s birth if the worker had not died.

Division 5 Employers

30   Who is an employer

(1)An employer is a person who engages a worker to perform work.

(2)Also, schedule 3 sets out who is an employer in particular circumstances.

(3)To remove doubt, a reference to an employer of a worker who sustains an injury is a reference to the employer out of whose employment, or in the course of whose employment, the injury arose.

(4)In this section and schedule 3—

contract includes agreement and arrangement.

person includes—

(a)a government entity; and

(b)the legal personal representative of a deceased individual.

30A   Liability to pay compensation does not make WorkCover an employer

WorkCover is not taken to be an employer of a worker because WorkCover has paid, is paying, or is liable to pay compensation to, or on account of, the worker.

Division 6 Injuries, impairment and terminal condition

Subdivision 1 Event resulting in injury

31   Meaning of event

(1)An event is anything that results in injury, including a latent onset injury, to a worker.

(2)An event includes continuous or repeated exposure to substantially the same conditions that results in an injury to a worker.

(3)A worker may sustain 1 or multiple injuries as a result of an event whether the injury happens or injuries happen immediately or over a period.

(4)If multiple injuries result from an event, they are taken to have happened in 1 event.

Subdivision 2 Injury

32   Meaning of injury

(1)An injury is personal injury arising out of, or in the course of, employment if the employment is a significant contributing factor to the injury.

(2)However, employment need not be a contributing factor to the injury if section 34(2) or 35(2) applies.

(3)Injury includes the following—

(a)a disease contracted in the course of employment, whether at or away from the place of employment, if the employment is a significant contributing factor to the disease;

(b)an aggravation of the following, if the aggravation arises out of, or in the course of, employment and the employment is a significant contributing factor to the aggravation—

(i)a personal injury;

(ii)a disease;

(iii)a medical condition, if the condition becomes a personal injury or disease because of the aggravation;

(c)loss of hearing resulting in industrial deafness if the employment is a significant contributing factor to causing the loss of hearing;

(d)death from injury arising out of, or in the course of, employment if the employment is a significant contributing factor to causing the injury;

(e)death from a disease mentioned in paragraph (a), if the employment is a significant contributing factor to the disease;

(f)death from an aggravation mentioned in paragraph (b), if the employment is a significant contributing factor to the aggravation.

(4)For subsection (3)(b), to remove any doubt, it is declared that an aggravation mentioned in the provision is an injury only to the extent of the effects of the aggravation.

(5)Despite subsections (1) and (3), injury does not include a psychiatric or psychological disorder arising out of, or in the course of, any of the following circumstances—

(a)reasonable management action taken in a reasonable way by the employer in connection with the worker’s employment;

(b)the worker’s expectation or perception of reasonable management action being taken against the worker;

(c)action by the Regulator or an insurer in connection with the worker’s application for compensation.

Examples of actions that may be reasonable management actions taken in a reasonable way—

•action taken to transfer, demote, discipline, redeploy, retrench or dismiss the worker

•a decision not to award or provide promotion, reclassification or transfer of, or leave of absence or benefit in connection with, the worker’s employment

Subdivision 3 When injury arises out of, or in the course of, employment

33   Application of sdiv 3

This subdivision does not limit the circumstances in which an injury to a worker arises out of, or in the course of, the worker’s employment.

34   Injury while at or after worker attends place of employment

(1)An injury to a worker is taken to arise out of, or in the course of, the worker’s employment if the event happens on a day on which the worker has attended at the place of employment as required under the terms of the worker’s employment—

(a)while the worker is at the place of employment and is engaged in an activity for, or in connection with, the employer’s trade or business; or

(b)while the worker is away from the place of employment in the course of the worker’s employment; or

(c)while the worker is temporarily absent from the place of employment during an ordinary recess if the event is not due to the worker voluntarily subjecting themself to an abnormal risk of injury during the recess.

(2)For subsection (1)(c), employment need not be a contributing factor to the injury.

35   Other circumstances

(1)An injury to a worker is also taken to arise out of, or in the course of, the worker’s employment if the event happens while the worker—

(a)is on a journey between the worker’s home and place of employment; or

(b)is on a journey between the worker’s home or place of employment and a trade, technical or other training school—

(i)that the worker is required under the terms of the worker’s employment to attend; or

(ii)that the employer expects the worker to attend; or

(c)for an existing injury for which compensation is payable to the worker—is on a journey between the worker’s home or place of employment and a place—

(i)to obtain medical or hospital advice, attention or treatment; or

(ii)to undertake rehabilitation; or

(iii)to submit to examination by a registered person under a provision of this Act or to a requirement under this Act; or

(iv)to receive payment of compensation; or

(d)is on a journey between the worker’s place of employment with 1 employer and the worker’s place of employment with another employer; or

(e)is attending a school mentioned in paragraph (b) or a place mentioned in paragraph (c).

(2)For subsection (1), employment need not be a contributing factor to the injury.

(3)For subsection (1), a journey from or to a worker’s home starts or ends at the boundary of the land on which the home is situated.

(4)In this section—

home, of a worker, means the worker’s usual place of residence, and includes a place where the worker—

(a)temporarily resided before starting a journey mentioned in this section; or

(b)intended to temporarily reside after ending a journey mentioned in this section.

36   Injury that happens during particular journeys

(1)This section applies if a worker sustains an injury in an event that happens during a journey mentioned in section 35.

(2)The injury to the worker is not taken to arise out of, or in the course of, the worker’s employment if the event happens—

(a)while the worker is in control of a vehicle and contravenes—

(i)the Transport Operations (Road Use Management) Act 1995, section 79, or a corresponding law, if the contravention is the major significant factor causing the event; or

(ii)the Criminal Code, section 328A or a corresponding law, if the contravention is the major significant factor causing the event; or

(b)during or after—

(i)a substantial delay before the worker starts the journey; or

(ii)a substantial interruption of, or deviation from, the journey.

(3)However, subsection (2)(b) does not apply if—

(a)the reason for the delay, interruption or deviation is connected with the workers’ employment; or

(b)the delay, interruption or deviation arises because of circumstances beyond the worker’s control.

(4)For subsection (2)(b)(i), in deciding whether there has been a substantial delay before the worker starts the journey, regard must be had to the following matters—

(a)the reason for the delay;

(b)the actual or estimated period of time for the journey in relation to the actual or estimated period of time for the delay.

(5)For subsection (2)(b)(ii), in deciding whether there has been a substantial interruption of, or deviation from the journey, regard must be had to the following matters—

(a)the reason for the interruption or deviation;

(b)the actual or estimated period of time for the journey in relation to the actual or estimated period of time for the interruption or deviation;

(c)for a deviation—the distance travelled for the journey in relation to the distance travelled for the deviation.

(6)In subsection (2)(a)(i) and (ii)—

corresponding law means a law of another State that is substantially equivalent—

(a)for subsection (2)(a)(i)—to the law mentioned in that provision; or

(b)for subsection (2)(a)(ii)—to the law mentioned in that provision.

Subdivision 3A When latent onset injuries arise

36A   Date of injury

(1)This section applies if a person—

(a)is diagnosed by a doctor after the commencement of this section as having a latent onset injury; and

(b)applies for compensation for the latent onset injury.

(2)The following questions are to be decided under the relevant compensation Act as in force when the injury was sustained—

(a)whether the person was a worker under the Act when the injury was sustained;

(b)whether the injury was an injury under the Act when it was sustained.

(2A)However, subsection (2)(b) does not apply if the latent onset injury is a specified disease and section 36D applies to the person.

(3)Section 131 applies to the application for compensation as if the entitlement to compensation arose on the day of the doctor’s diagnosis.

(4)Subject to subsections (2) and (3), this Act applies in relation to the person’s claim as if the date on which the injury was sustained is the date of the doctor’s diagnosis.

(5)To remove any doubt, it is declared that nothing in subsection (4) limits section 236.

(6)Subsections (2) to (4) have effect despite section 603.

(7)In this section—

relevant compensation Act means this Act or a former Act.

Subdivision 3B Injuries sustained by firefighters

36B   Definitions for sdiv 3B

In this subdivision—

employ includes engage.

firefighter means—

(a)a fire officer under the Fire Services Act 1990; or

(b)a member of a rural fire brigade registered under the Fire Services Act 1990, section 135; or

(c)a volunteer firefighter or volunteer fire warden engaged by the authority responsible for the management of the State’s fire services; or

(d)a person appointed or employed under the repealed Fire Brigades Act 1964, section 24; or

(e)a person appointed or employed under the repealed Rural Fires Act 1946, section 9.

specified disease means a disease mentioned in schedule 4A, column 1.

36D   Presumption of injury

(1)This section applies to a person who—

(a)is diagnosed by a doctor for the first time as having a specified disease; and

(b)at any time before the diagnosis, was employed as a firefighter for at least the number of years mentioned in schedule 4A, column 2 opposite the specified disease.

(2)For the purposes of an entitlement to compensation, the specified disease is taken to be an injury.

(3)However, this section does not apply if it is proved that—

(a)the specified disease did not arise out of, or in the course of, the person’s employment as a firefighter; or

(b)the person’s employment as a firefighter is not a significant contributing factor to the specified disease.

36E   Deciding number of years

(1)This section applies for deciding the number of years of the person’s employment as a firefighter for section 36D(1)(b).

(2)A period of 12 months may be included only if, throughout the period, the person—

(a)was employed for the purpose of performing duties that included relevant duties; and

(b)performed relevant duties to the extent reasonably necessary to fulfil the purpose of the person’s employment.

(3)However, the number of years may be made up by taking into account—

(a)more than 1 period of employment; or

(b)periods of employment as more than 1 type of firefighter.

Example—

A person was employed for firefighting and attended fires for 10 years before working in administrative and management roles for another 20 years. For section 36D(1)(b), the person was employed as a firefighter for 10 years.

(4)In this section—

relevant duties means duties that involve—

(a)extinguishing, controlling or preventing the spread of fires; or

(b)exposure to substances used in, or other hazards arising from, extinguishing, controlling or preventing the spread of fires.

Subdivision 3BA PTSD sustained by first responders and other particular persons

36EA    Definitions for subdivision

In this subdivision—

eligible employee see section 36EC.

first responder see section 36EB.

relevant volunteer means a person mentioned in division 3, subdivision 1 who is covered under a contract of insurance entered into with WorkCover for that subdivision.

36EB    Meaning of first responder

A person is employed as a first responder if—

(a)the person is a worker, or a relevant volunteer, employed in an occupation or profession prescribed by regulation; and

(b)the person’s employment requires the person to respond to incidents—

(i)that are life-threatening or otherwise traumatic; and

(ii)for which time may be critical to prevent actual or potential death or injury to persons, or to prevent or minimise damage to property or the environment.

36EC    Meaning of eligible employee

(1)A person is employed as an eligible employee if—

(a)the person is a worker, or a relevant volunteer, employed by or in an entity prescribed by regulation; and

(b)the person’s employment requires the person to experience repeated or extreme exposure to the graphic details of traumatic incidents by—

(i)attending the scenes of traumatic incidents; or

Example of a person for subparagraph (i)—

a person whose employment requires the person to recover human remains

(ii)experiencing traumatic incidents as they happen to other persons; or

Example of a person for subparagraph (ii)—

a fire communications officer whose employment requires the officer to respond to calls for information and advice in emergency situations

(iii)investigating, reviewing or assessing traumatic incidents that have happened to other persons.

Example of a person for subparagraph (iii)—

a person whose employment requires the person to investigate complaints of child sexual abuse

(2)In this section—

traumatic incident includes an incident that exposes a person to, or to the threat of, any of the following—

(a) death;

(b) serious injury;

(c)sexual violence.

36ED    Presumption of injury

(1)This section applies in relation to a person who—

(a)is diagnosed by a psychiatrist, in the way prescribed by regulation, as having post-traumatic stress disorder; and

(b)at any time before the diagnosis, was employed as a first responder or an eligible employee.

(2)For the purposes of an entitlement to compensation, the post-traumatic stress disorder is taken to be an injury.

(3)Subsection (2) applies despite any evidence that the post-traumatic stress disorder arose out of, or in the course of, a circumstance mentioned in section 32(5)(a), (b) or (c).

(4)However, subsection (2) does not apply if it is proved that—

(a)the post-traumatic stress disorder did not arise out of, or in the course of, the person’s employment as a first responder or an eligible employee; or

(b)the person’s employment as a first responder or an eligible employee was not a significant contributing factor to the disorder.

Subdivision 3C Pneumoconiosis

36F   Meaning of pneumoconiosis score

A pneumoconiosis score is a score that—

(a)grades an injury that is pneumoconiosis; and

(b)is worked out using a chest image in the way prescribed by regulation.

Subdivision 4 Impairment from injury

37   Meaning of impairment

An impairment, from injury, is a loss of, or loss of efficient use of, any part of a worker’s body.

38   Meaning of permanent impairment

A permanent impairment, from injury, is an impairment that is stable and stationary and not likely to improve with further medical or surgical treatment.

39   [Repealed]

Subdivision 5 Terminal condition

39A   Meaning of terminal condition

(1)A terminal condition, of a worker, is a condition certified by a doctor as being a condition that is expected to terminate the worker’s life within 5 years after the terminal nature of the condition is diagnosed.

(2)A condition is a terminal condition only if the insurer accepts the doctor’s diagnosis of the terminal nature of the condition.

Division 7 Rehabilitation

40   Meaning of rehabilitation

(1)Rehabilitation, of a worker, is a process designed to—

(a)ensure the worker’s earliest possible return to work; or

(b)maximise the worker’s independent functioning.

(2)Rehabilitation includes—

(a)necessary and reasonable—

(i)suitable duties programs; or

(ii)services provided by a registered person; or

(iii)services approved by an insurer; or

(b)the provision of necessary and reasonable aids or equipment to the worker.

(3)The purpose of rehabilitation is—

(a)to return the worker to the worker’s pre-injury duties; or

(b)if it is not feasible to return the worker to the worker’s pre-injury duties—to return the worker, either temporarily or permanently, to other suitable duties with the worker’s pre-injury employer; or

(c)if paragraph (b) is not feasible—to return the worker, either temporarily or permanently, to other suitable duties with another employer; or

(d)if paragraphs (a), (b) and (c) are not feasible—to maximise the worker’s independent functioning.

41   Meaning of rehabilitation and return to work coordinator

(1)A rehabilitation and return to work coordinator is a person who—

(a)is appropriately qualified to perform the functions of a rehabilitation and return to work coordinator under this Act; and

(b)has the functions prescribed under a regulation.

(2)A person is taken to be appropriately qualified to perform the functions of a rehabilitation and return to work coordinator under this Act if the person has completed a training course approved by the Regulator.

42   Meaning of suitable duties

Suitable duties, in relation to a worker, are work duties for which the worker is suited having regard to the following matters—

(a)the nature of the worker’s incapacity and pre-injury employment;

(b)relevant medical information;

(c)the rehabilitation and return to work plan for the worker as developed under section 221;

(d)the provisions of the employer’s workplace rehabilitation policy and procedures;

(e)the worker’s age, education, skills and work experience;

(f)if duties are available at a location (the other location) other than the location in which the worker was injured—whether it is reasonable to expect the worker to attend the other location;

(g)any other relevant matters.

43   Meaning of workplace rehabilitation

Workplace rehabilitation is a system of rehabilitation that is initiated or managed by an employer.

44   Meaning of workplace rehabilitation policy and procedures

Workplace rehabilitation policy and procedures are written policy and procedures for workplace rehabilitation.

45   Meaning of accredited workplace

An accredited workplace is a workplace that has workplace rehabilitation policy and procedures.

Chapter 2    Employer’s obligations

Part 1    Employer’s legal liability and preliminary obligations

46   Employer’s legal liability

(1)An employer is legally liable for compensation for injury sustained by a worker employed by the employer.

(2)This Act does not impose any legal liability on an employer for damages for injuries sustained by a worker employed by the employer, though chapter 5 regulates access to damages.

46A   Employer must not take action to avoid compensation process

(1)An employer must not give a benefit or cause detriment to a person if the reason is to influence a worker who has sustained an injury to refrain from—

(a)making an application for compensation for the injury; or

(b)otherwise pursuing an entitlement to compensation for the injury.

Maximum penalty—500 penalty units.

(2)It does not matter if the reason is the only or main reason, as long as it is a substantial reason.

(3)An employer gives a benefit to a person if the employer—

(a)gives or offers to give the worker or another person a financial or other benefit; or

(b)causes or permits someone else to give or offer to give the worker or another person a financial or other benefit.

(4)An employer causes detriment to a person if the employer causes detriment to the worker or another person.

46B   Employer must give worker information statement

(1)An employer must, before or as soon as practicable after a worker starts employment, give the worker a statement providing information about the workers’ compensation scheme.

Maximum penalty—50 penalty units.

(2)However, an employer need not give the statement to a worker if the statement has been given to the worker by the employer within the previous 12 months.

(3)The statement, and the way in which it is given, must comply with any requirements prescribed by regulation.

Part 2    Employer’s insurance requirements

Division 1 General obligations

48   Employer’s obligation to insure

(1)Every employer must, for each worker employed by the employer, insure and remain insured, that is, be covered to the extent of accident insurance, against injury sustained by the worker for—

(a)the employer’s legal liability for compensation; and

(b)the employer’s legal liability for damages.

(2)The obligation to insure under subsection (1)(b) does not include an obligation to insure for an employer’s legal liability for damages for which WorkCover is not authorised to indemnify the employer.

(3)The employer’s liability must be provided for—

(a)under a licence as a self-insurer under part 4; or

(b)under a WorkCover policy.

(4)WorkCover must not issue more than 1 policy for each employer.

(5)However, if the employer is the State, WorkCover may issue 1 policy for each department of government.

49   Exemption if employer has other insurance

(1)WorkCover may exempt an employer from insuring under this Act if WorkCover is satisfied that the employer has similar insurance for the employer’s workers under another law.

(2)To exempt an employer, WorkCover must—

(a)be satisfied that the employer’s workers will not be disadvantaged; and

(b)obtain advice from the Regulator that the exemption will not adversely affect the workers’ compensation scheme.

(3)If an employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13.

Division 2 Contravention of employer’s general obligation and associated provisions

50   When an employer contravenes the general obligation to insure

An employer who is not a self-insurer contravenes section 48 if—

(a)within 5 business days after the employer starts to employ any worker or workers, the employer does not apply in the approved form to WorkCover for the policy required under section 48; or

(b)having taken out a policy required under section 48, the employer does not maintain it in force at all times while being an employer by doing both of the following—

(i)making at the time and in the way required every annual or other periodic return required for all workers employed by the employer;

(ii)paying at the time and in the way required every premium payable for the policy or for its renewal for any year.

51   Offence of contravening general obligation to insure

(1)An employer must not contravene section 48.

Maximum penalty—500 penalty units.

(2)It is a defence to prove that at the time of the alleged contravention—

(a)the employer believed on reasonable grounds that the employer could not be liable under this Act in relation to the worker because under section 113 the worker’s employment was not connected with this State; and

(b)the employer had workers’ compensation cover in relation to the worker’s employment under the law of the State with which the employer believed on reasonable grounds the worker’s employment was connected under section 113.

(3)In subsection (2)—

workers’ compensation cover means insurance or registration required under the law of a State in relation to liability for statutory workers’ compensation under that law.

52   Offence to charge worker for compensation or damages for injury

A person must not, directly or indirectly, take or receive from a worker, whether by way of deduction from wages or otherwise, an amount for anyone’s legal liability as an employer for—

(a)compensation for injury that is, or may be, sustained by the worker; or

(b)damages for injury that is, or may be, sustained by the worker.

Maximum penalty—300 penalty units.

53   Recovery of unlawful charge for compensation or damages for injury

(1)An amount taken or received from a worker in contravention of section 52 with or without the worker’s consent, may be recovered by the worker as a debt from—

(a)the person who took or received the amount; and

(b)if that person was acting for the worker’s employer in taking or receiving the money—the worker’s employer.

(2)A worker is not entitled to recover the amount more than once.

Part 3    Insurance under WorkCover policies generally

Division 1 Premium setting generally

54   Setting of premium

(1)WorkCover must set the premium payable under a policy.

(2)The premium payable for the policy for a period of insurance must be assessed according to the method (the method) and at the rate (the rate) specified by WorkCover by gazette notice.

(3)If no rate is specified in the notice for an employer’s industry or business, WorkCover must decide the rate to be the rate applying to the industry or business classification specified in the notice that most closely describes the employer’s industry or business.

(3A)Without limiting subsection (2), the gazette notice may state a method or rate that provides for a premium payable by an employer in the event that the employer’s premium rate repeatedly exceeds the relevant industry rate.

(4)Before WorkCover publishes the gazette notice, it must notify the Minister of the proposed specification of method or rate.

(5)The specification is subject to any direction the Minister may make under section 481.

(6)An assessment of premium must be made on the following basis—

(a)wages paid or estimated to be paid during the period of insurance—

(i)are taken to have been paid in equal weekly instalments during the period; or

(ii)if the employer establishes to WorkCover’s satisfaction the wages were paid by the employer in another way, are paid in the other way during the period;

(b)the premium payable for the period of insurance is according to the method and at the rate in force from time to time during the period.

(7)An employer to whom a premium notice is given must pay the premium as assessed by the due date.

(8)If the employer is a corporation and an administrator is appointed under the Corporations Act to administer the corporation, the administrator must pay the premium for the period during which the corporation is under administration.

(9)If an employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13.

(10)In this section—

employer’s premium rate means the premium rate calculated for the employer by using a formula that takes into account the number and cost of claims made against the employer’s policy during previous financial years.

relevant industry rate, in relation to an employer, means the industry or business classification rate applying to the industry or business classification—

(a)stated in the gazette notice under subsection (2) for the employer’s industry or business; or

(b)as decided by WorkCover under subsection (3)—for the industry or business that most closely describes the employer’s industry or business.

55   Setting premium on change of ownership of business

(1)This section applies if a person (a new employer) acquires the whole or a part of a business from an employer (a former employer) who is currently insured under a policy with WorkCover.

(2)In calculating the premium payable by the new employer, WorkCover may have regard to the claims experience of the business under the former employer.

(3)In deciding whether to have regard to the claims experience of the business under a former employer, WorkCover may consider any relevant matter, including the following—

(a)if the new employer is an individual, whether the new employer is or was—

(i)a partner of the former employer; or

(ii)an officer or shareholder of the former employer; or

(iii)an officer or shareholder of a related body corporate of the former employer;

(b)if the new employer is a partnership, whether any of the partners of the new employer is or was—

(i)an individual who was the former employer; or

(ii)a partner of the former employer; or

(iii)an officer or shareholder of the former employer; or

(iv)an officer or shareholder of a related body corporate of the former employer;

(c)if the new employer is a body corporate, whether the new employer is or was a related body corporate of the former employer;

(d)if the new employer is a body corporate, whether any of the officers or shareholders of the new employer is or was—

(i)an individual who was the former employer; or

(ii)a partner of the former employer; or

(iii)an officer or shareholder of the former employer; or

(iv)an officer or shareholder of a related body corporate of the former employer.

(4)However, subsection (2) applies only if the predominant industry activity of the business remains the same as under the former employer.

(5)In this section—

officer has the meaning given by the Corporations Act.

56   Reassessment of premium for policy

(1)This section applies if in either the latest period of insurance for an employer’s policy or any of the 3 preceding periods of insurance—

(a)WorkCover has made an assessment for an employer’s policy for the period of insurance; and

(b)WorkCover considers that the assessment does not accurately reflect the employer’s liability under the Act for the period.

(2)WorkCover may reassess the premium for the period and issue a reassessment premium notice for the period.

(3)WorkCover must reassess the premium—

(a)for any period starting on or after 1 July 2003—under this division; or

(b)for any period between 1 July 1997 and 30 June 2003—under the repealed WorkCover Queensland Act 1996; or

(c)for a period before 1 July 1997—under the repealed Workers’ Compensation Act 1990.

(4)If, after the premium is reassessed, WorkCover is satisfied that premium for the period has been overpaid, WorkCover must refund or credit the amount of overpayment to the employer to whom the reassessment premium notice is given.

(5)If, after the premium is reassessed, WorkCover is satisfied that premium for the period has been underpaid, the employer to whom the reassessment premium notice is given must pay the premium as reassessed.

(6)If an employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13.

(7)This section does not limit another provision of this Act that—

(a)allows WorkCover to recover an amount, whether by way of penalty or otherwise; or

(b)creates an offence for a contravention of this Act.

Division 2 Assessments on contravention of general obligation to insure

57   Recovery of compensation and unpaid premium

(1)This section applies if an employer contravenes section 48.

(2)WorkCover may recover from the employer—

(a)the amount of unpaid premium together with a penalty equal to 100% of the unpaid premium; and

(b)if WorkCover has paid compensation or damages for an injury sustained by a worker when the employer was in contravention of section 48 in relation to the worker—the amount of the payment made together with a penalty equal to 50% of the payment.

(3)The employer may apply in writing to WorkCover to waive or reduce the penalty because of extenuating circumstances.

(4)The application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case.

(5)WorkCover must consider the application and may—

(a)waive or reduce the penalty; or

(b)refuse to waive or reduce the penalty.

(6)If the employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13.

(7)In this section—

worker means a worker employed by the employer.

58   Default assessment on reasonable suspicion

(1)This section applies if WorkCover suspects on reasonable grounds that an employer has contravened section 48.

(2)WorkCover may make a default assessment of premium based on the amounts WorkCover considers to be adequate cover.

(3)For subsection (2), WorkCover may have regard to—

(a)the probable wages paid or to be paid by the employer during the period of insurance for which the default assessment is made; and

(b)the nature of the employer’s industry or business.

(4)The amount of premium to be paid by the employer under the default assessment must be calculated according to the method and at the rate mentioned in section 54.

(5)As soon as practicable after a default assessment is made, WorkCover must give the employer written notice of the assessment and of the amount of premium.

(6)The employer may, by written notice given to WorkCover, object to the default assessment within 15 business days of receiving the premium notice.

(7)The objection must specify the reasons that the employer considers the assessment is excessive.

(8)WorkCover must consider the objection and may—

(a)reassess the default assessment; or

(b)refuse to reassess the default assessment.

(9)If the employer is aggrieved by WorkCover’s decision under subsection (8), the employer may have the decision reviewed under chapter 13.

(10)If the employer does not object to the default assessment within 15 business days of receiving the premium notice, the amount of premium assessed and notified to the employer becomes payable immediately at the end of the 15 business days.

(11)WorkCover may act under this section even if WorkCover knows the employer has contravened section 48.

59   Further assessment and recovery after payment of default assessment

Payment by an employer of the amount of a default assessment, or the amount as varied on objection, review or appeal by the employer, does not stop WorkCover—

(a)if WorkCover considers that the assessment does not accurately reflect the employer’s liability under the Act for the period—reassessing the default assessment; and

(b)if compensation has or damages have been paid for an injury sustained by a worker employed by the employer, recovering the amount paid together with a penalty equal to 50% of the payment mentioned in section 57.

60   Employer’s separate liabilities for 1 period of default

For any period an employer contravenes section 48, the employer is liable—

(a)to a proceeding for an offence under section 51; and

(b)to a proceeding to recover an amount of premium or another amount under section 57 or 58 with or without a charge imposed by WorkCover, whether or not a proceeding is taken for an offence under section 51.

Division 3 Additional premiums

61   Additional premium payable if premium not paid

(1)An employer must pay WorkCover an additional premium calculated as prescribed under a regulation if—

(a)the employer is given a premium notice; and

(b)the employer does not pay WorkCover the amount specified in the notice on or before the due date.

(2)WorkCover may recover the amount of premium and additional premium payable to it by the employer.

(3)Until the employer has paid WorkCover the full amount specified in the notice and any additional premium payable, the employer is not covered by a policy.

62   Further additional premium payable after appeal to industrial magistrate

(1)An employer must pay WorkCover an additional premium calculated as prescribed under a regulation if—

(a)the employer’s liability in relation to an assessment has been decided by an industrial magistrate or the industrial court; and

(b)the employer fails to pay WorkCover the amount by which the assessment is more than the amount of premium paid under section 551(4) as a condition of the appeal to an industrial magistrate within 15 business days after the day the decision is made.

(2)WorkCover may recover the amount of the increase in assessment and additional premium payable to it by the employer.

(3)Until the employer has paid WorkCover the full amount of the increase in assessment and any additional premium payable, the employer is not covered by a policy.

63   Additional premium for out-of-State workers

(1)This section applies if a worker’s employment is not completely performed in the State.

(2)WorkCover may, from time to time, charge an additional premium on a policy issued to the worker’s employer in an amount that WorkCover considers necessary towards—

(a)providing for compensation or damages payable for injury to the worker; and

(b)covering the cost of administration of this Act in relation to the worker.

63A   Additional premium for ch 6A

(1)This section applies in relation to an employer who, before 1 January 2017, engaged a former coal worker to work in an industry that involved mining, loading, transporting or otherwise dealing with coal.

(2)WorkCover may charge an additional premium on a policy issued to the employer in an amount WorkCover considers necessary towards covering the cost of administering chapter 6A in relation to the former coal worker.

63B   Additional premium for interns

(1)This section applies if an employer has an intern.

(2)WorkCover may, from time to time, charge an additional premium on a policy issued to the employer in an amount that WorkCover considers necessary towards—

(a)providing for compensation or damages payable for injury to the intern; and

(b)covering the cost of administration of this Act in relation to the intern.

64   WorkCover may waive or reduce additional premium

(1)This section applies if an employer is liable to pay WorkCover an additional premium.

(2)The employer may apply in writing to WorkCover to waive or reduce the additional premium because of extenuating circumstances.

(3)The application must specify the extenuating circumstances and the reasons the additional premium should be waived or reduced in the particular case.

(4)WorkCover must consider the application and may—

(a)waive or reduce the additional premium; or

(b)refuse to waive or reduce the additional premium.

(5)If the employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13.

Division 4 Employer’s liability for excess period

65   What is the excess period

(1)The excess period, in relation to a worker who sustains an injury for which compensation is payable, is the period that starts on the day that the worker’s entitlement to compensation arises under chapter 3, part 7.

(2)The excess period ends at the end of the day that the amount of weekly compensation paid to the worker exceeds an amount prescribed under a regulation.

66   Employer’s liability for excess period

(1)This section applies to—

(a)an employer who has, or is required to have, accident insurance; and

(b)a worker, other than a household worker employed by the employer, who sustains an injury for which compensation is payable.

(2)The employer must pay the worker an amount equal to the weekly payment of compensation that, if this section did not apply, would be payable to the worker by the insurer for the excess period.

(3)The insurer is not required to pay the compensation to the worker, subject to subsection (5).

(4)If the worker is employed by more than 1 employer when the worker sustains an injury, the amount under subsection (2)—

(a)must be paid by the employer in whose employment the injury was sustained; and

(b)is the amount that relates to the amount payable to the worker under a contract with that employer.

(5)If the employer fails to pay the amount to the worker within 10 business days after receiving notice from the insurer that the worker’s application for compensation has been allowed, the insurer must make the payment to the worker on the employer’s behalf.

(6)WorkCover may recover from the employer the amount of a payment made by it under subsection (5) together with a penalty equal to 50% of the payment—

(a)as a debt under section 580; or

(b)as an addition to a premium payable by the employer.

(7)The employer may apply in writing to WorkCover to waive or reduce the penalty because of extenuating circumstances.

(8)The application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case.

(9)WorkCover must consider the application and may—

(a)waive or reduce the penalty; or

(b)refuse to waive or reduce the penalty.

(10)If the employer is dissatisfied with WorkCover’s decision, the employer may have the decision reviewed under chapter 13.

(11)This section does not limit section 50.

(12)In this section—

household worker means a person employed solely in and about, or in connection with, a private dwelling house or the grounds of the dwelling house.

67   Employer may not insure against payment for the excess period

An employer may not insure with WorkCover against the employer’s liability to pay for the excess period.

Part 4    Employer’s self-insurance

Division 1 Preliminary

68   What is self-insurance

(1)Self-insurance allows an employer, under a licence under this part, to provide their own accident insurance for their workers, instead of insuring with WorkCover.

(2)A self-insurer has all the liabilities that WorkCover would have, if this part did not apply, for injuries sustained by the self-insurer’s workers arising out of events that start or happen before the issue of the licence and during the period of the licence.

(3)Certain functions and powers of WorkCover are provided to a self-insurer to enable the self-insurer to meet obligations in providing accident insurance.

(4)The way the self-insurer performs the functions and exercises the powers is regulated by the Regulator.

Division 1A Local government self-insurers

68A   Self-insurance for local governments

(1)A local government self-insurer may, under the self-insurer’s licence, also cover councillors of a local government.

(2)If councillors of a local government are covered under a local government self-insurer’s licence, each councillor of the local government is covered under the licence.

(3)A local government self-insurer must, when advising councillors of its decision to cover them, also advise the Regulator of the decision.

68B   Entitlements of local government councillors

(1)A councillor covered under a local government’s self-insurer’s licence is entitled under the licence to compensation from the local government to which the councillor is elected or appointed for injury sustained by the councillor while—

(a)attending meetings of the local government; or

(b)performing any other duty of office as a councillor.

(2)The councillor has, subject to this section—

(a)an entitlement to weekly payments of compensation under chapter 3, part 9, division 4, subdivision 3 and division 5, subdivision 1; and

(b)for all other entitlements—the same entitlements to compensation as a worker.

(3)The councillor is not covered for payment of damages for injury sustained by the councillor.

(4)In the application of the definition injury to the councillor—

(a)the activity mentioned in subsection (1)(a) or (b) is taken to be the councillor’s employment; and

(b)the local government to which the councillor is elected or appointed is taken to be the councillor’s employer.

68C   Local government self-insurer’s liability for injury to councillors

If a local government self-insurer’s licence covers councillors, the only liability the self-insurer has under the licence in relation to a councillor is the liability to pay the compensation to which a councillor is entitled under section 68B for the total of the accrued, continuing, future and contingent liabilities for all injuries sustained, during the period of the licence, by the councillor in the circumstances mentioned in section 68B.

Division 2 Issue and renewal of self-insurer’s licence

69   Who may apply to be a self-insurer

(1)The following employers may apply to be licensed as a self-insurer—

(a)a single employer;

(b)a group employer.

(2)A body corporate may only apply as a single employer if no other related bodies corporate to which it is related employs workers in Queensland.

(3)A related bodies corporate group employer may only apply for a licence if all related bodies corporate that employ workers in Queensland are included in the application.

(4)The Regulator may issue a licence to an employer only if the employer can satisfy the requirements stated in this part.

70   How the application is made

The application must—

(a)be made to the Regulator in the approved form; and

(b)for a group employer—be made by all the members of the group wanting to be licensed; and

(c)be accompanied by the fee prescribed under a regulation.

71   Issue or renewal of licence to a single employer

(1)The Regulator may issue or renew a licence to be a self-insurer to a single employer only if satisfied that—

(a)the number of full-time workers employed in Queensland by the employer is at least 2,000; and

(c)the employer’s occupational health and safety performance is satisfactory; and

(d)the licence will cover all workers, employed in Queensland, of the employer; and

(e)the employer has given the Regulator the security required under section 84; and

(f)the employer has the reinsurance cover required under section 86; and

(g)all workplaces of the employer—

(i)are accredited workplaces; or

(ii)if not accredited workplaces—

(A)are adequately serviced by a rehabilitation and return to work coordinator who is in Queensland and employed by the employer under a contract (regardless of whether the contract is a contract of service); and

(B)have workplace rehabilitation policies and procedures; and

(h)the employer is fit and proper to be a self-insurer.

(2)However, if the Regulator is not satisfied of 1 or more matters mentioned in subsection (1)(a) to (g), the Regulator may still issue or renew a licence to be a self-insurer to a single employer if the Regulator is satisfied that, despite the Regulator not being satisfied of the matters—

(a)special circumstances justify the issue or renewal of the licence; and

(b)the employer can appropriately—

(i)perform the functions and exercise the powers of a self-insurer; and

(ii)meet the obligations of a self-insurer.

(3)Without limiting subsection (2)(a), special circumstances that may justify the issue or renewal of a licence to be a self-insurer to a single employer who fails to satisfy the Regulator only of the matter mentioned in subsection (1)(a) include the following—

(a)the employer—

(i)holds a current licence to be a self-insurer under the laws of 2 or more other jurisdictions; and

(ii)has demonstrated a history of compliance with those laws and the conditions of those licences, and of acting reasonably in the performance of functions and exercise of powers under those laws or licences;

(b)for a renewal of a licence—the employer has demonstrated a history of compliance with this Act and the conditions of the licence, and of acting reasonably in the performance of functions and exercise of powers under this Act or the licence.

(4)If, for a single employer, the Regulator is not satisfied of the matter mentioned in subsection (1)(a) only, the Regulator may still issue a licence to be a self-insurer to the employer if—

(a)the employer held a licence (the former licence) to be a self-insurer under this section within the previous 5 years; and

(b)the former licence was not cancelled under this Act; and

(c)after the former licence ended, the employer was not at any time a related body corporate with another employer for the purpose of the grant of a licence to be a self-insurer under section 72; and

(d)the Regulator is satisfied the number of full-time workers employed in Queensland by the employer is at least the number of full-time workers that were required under subsection (1)(a) as in force when the former licence was granted.

(5)Also, the Regulator may renew a licence to be a self-insurer issued to a single employer under subsection (4) who fails to satisfy the Regulator only of the matter mentioned in subsection (1)(a) if the Regulator is still satisfied of the matter mentioned in subsection (4)(d).

(6)For subsection (1)(c), the Regulator must ask the chief executive of the department within which the Work Health and Safety Act 2011 is administered to prepare an OHS report about the employer’s occupational health and safety performance.

(7)In this section—

jurisdiction means the Commonwealth or a State.

72   Issue or renewal of licence to a group employer

(1)The Regulator may issue or renew a licence to be a self-insurer to a group employer only if satisfied that—

(a)the applicant is a group employer; and

(b)the combined number of full-time workers employed in Queensland by all members of the group is at least 2,000; and

(d)the group employer’s occupational health and safety performance is satisfactory; and

(e)the licence will cover all workers, employed in Queensland, of the group employer; and

(f)the group employer has given the Regulator the security required under section 84; and

(g)the group employer has the reinsurance cover required under section 86; and

(h)all workplaces of each member of the group—

(i)are accredited workplaces; or

(ii)if not accredited workplaces—

(A)are adequately serviced by a rehabilitation and return to work coordinator who is in Queensland and employed by the group employer or a member of the group under a contract (regardless of whether the contract is a contract of service); and

(B)have workplace rehabilitation policies and procedures; and

(i)the group employer is fit and proper to be a self-insurer.

(2)However, if the Regulator is not satisfied of 1 or more matters mentioned in subsection (1)(a) to (h), the Regulator may still issue or renew a licence to be a self-insurer to a group employer if the Regulator is satisfied that, despite the Regulator not being satisfied of the matters—

(a)special circumstances justify the issue or renewal of the licence; and

(b)the employer can appropriately—

(i)perform the functions and exercise the powers of a self-insurer; and

(ii)meet the obligations of a self-insurer.

(3)Without limiting subsection (2)(a), special circumstances that may justify the issue or renewal of a licence to be a self-insurer to a group employer who fails to satisfy the Regulator only of the matter mentioned in subsection (1)(b) include the following—

(a)the employer—

(i)holds a current licence to be a self-insurer under the laws of 2 or more other jurisdictions; and

(ii)has demonstrated a history of compliance with those laws and the conditions of those licences, and of acting reasonably in the performance of functions and exercise of powers under those laws or licences;

(b)for a renewal of a licence—the employer has demonstrated a history of compliance with this Act and the conditions of the licence, and of acting reasonably in the performance of functions and exercise of powers under this Act or the licence.

(4)For subsection (1)(d), the Regulator must ask the chief executive of the department within which the Work Health and Safety Act 2011 is administered to prepare an OHS report about the group employer’s occupational health and safety performance.

(5)In this section—

jurisdiction means the Commonwealth or a State.

73   Calculation of the number of full-time workers

(1)For sections 71(1)(a), 71(4)(d) and 72(1)(b), the number of full-time workers is calculated by—

(a)calculating the total number of ordinary time hours worked by the workers employed during a continuous 6-month period in the 1 year immediately before the application is given to the Regulator; and

(b)dividing the number of hours by 910.

(2)The whole number resulting from the division is the number of full-time workers.

(3)The continuous 6-month period is the period chosen by the applicant.

73A   Calculation of the number of full-time workers for local government self-insurers

To remove any doubt, it is declared that if a local government self-insurer’s licence covers councillors, the number of ordinary time hours worked by a councillor is not to be taken into account for section 73(1).

74   Workers employed in Queensland

For sections 71 and 72, a worker is employed in Queensland if the worker would have an entitlement for an injury under section 113.

75   Whether applicant fit and proper

(1)This section applies when the Regulator is deciding whether a single employer or group employer is fit and proper to be licensed or to have a licence renewed.

(2)The Regulator may consider any relevant matter and must consider the following matters—

(a)whether the single employer or group employer is, and is likely to continue to be, able to meet its liabilities;

(b)the long-term financial viability of the single employer or group employer evidenced by any relevant consideration including, for example, its level of capitalisation, profitability and liquidity;

(c)the resources and systems that the single employer or group employer has in Queensland for administering claims for compensation and managing rehabilitation of workers;

(d)whether the single employer or group employer will be able to give the information the Regulator may require in the way the Regulator may require;

(e)for an application for renewal of a licence—whether the self-insurer has performed the functions, or exercised the powers, under section 92 or 92A reasonably.

76   Audit of self-insurer

(1)The Regulator may carry out an audit of an applicant for self-insurance or a self-insurer to decide whether the applicant or self-insurer—

(a)satisfies section 71 (other than subsection (1)(c)) or 72 (other than subsection (1)(d)); and

(b)is fit and proper under section 75; and

(c)satisfies the conditions of the licence.

(2)The Regulator may engage the services of a person who, in the Regulator’s opinion, has appropriate qualifications and experience to carry out the audit.

77   Decision on application for the issue of a licence

(1)The Regulator must decide an application within 6 months of receiving it.

(2)If the Regulator refuses an application for the issue of a licence, the Regulator must give the applicant a written notice stating—

(a)it has refused the application; and

(b)the reasons for the refusal; and

(c)the applicant may make a written submission to the Regulator in further support of the application.

(3)The applicant may make a submission within 20 business days after the notice of refusal is given.

(4)The Regulator must consider the submission within 60 business days of receiving it and decide whether to confirm or change the decision to refuse the application.

(5)The Regulator must advise the applicant of its decision under subsection (4) within 5 business days after the decision is made.

(6)If the Regulator does not change its decision, it must advise the applicant that the applicant may appeal against the refusal under chapter 13.

78   Duration of licence

(1)A licence is issued for a period of 2 years.

(2)However, on an application for the renewal of a licence, the licence may be issued for a period of not more than 4 years.

(3)The period of the licence must be stated in the licence.

79   Renewal of licence

(1)A licence may be renewed by application to the Regulator in the approved form.

(2)The self-insurer must apply to the Regulator at least 60 business days before the current licence period ends.

(3)If the self-insurer does not intend to renew the licence, the self-insurer must advise the Regulator of that fact at least 60 business days before the current licence period ends.

(4)In considering an application, the Regulator must consider whether the self-insurer has—

(a)complied with this Act and the conditions of the licence; and

(b)acted reasonably in relation to the functions and powers under section 92 or 92A.

80   Refusal of application for renewal of a licence

(1)This section applies if the Regulator intends to refuse an application for the renewal of a licence.

(2)Before refusing the application, the Regulator must give the applicant a written notice stating—

(a)it proposes to refuse the application; and

(b)the reasons for the refusal; and

(c)the applicant may make a written submission to the Regulator in further support of the application; and

(d)a period, of at least 30 business days, at the end of which the refusal is to take effect (the review period).

(3)The applicant may make a submission within 15 business days after the notice is given.

(4)If a submission is made, the Regulator must—

(a)consider it; and

(b)decide whether to accept or refuse the application.

(5)The Regulator must advise the applicant of its decision before the end of the review period.

(6)If no submission is made within the time mentioned in subsection (3), the application is taken to be refused at the end of the review period.

(7)If the Regulator refuses the application, it must advise the applicant that the applicant may appeal against the refusal under chapter 13.

(8)Despite section 78, if the period stated on the licence expires before the end of the review period, the licence period is taken to be extended to the end of the review period.

81   Annual levy payable

(1)A self-insurer must pay a levy for each financial year or part of a financial year of a licence.

(2)A regulation must prescribe the way the levy is calculated.

(3)The levy is to be set at the rate specified by the Regulator and approved by the Minister for each financial year.

(4)The Regulator must recommend the rate for each financial year to the Minister.

(5)The Regulator must consult with the Minister before giving the recommendation.

(6)The Regulator must publish the rate approved by the Minister in the gazette.

(7)The Regulator must give a self-insurer written notice of the amount of the levy.

(8)The self-insurer must pay the levy on or before the due date shown in the notice.

(9)If a self-insurer is aggrieved by the Regulator’s decision about the amount of levy payable, the self-insurer may appeal against the decision under chapter 13.

82   Additional amount payable if levy not paid

(1)A self-insurer must pay the Regulator an additional amount calculated as prescribed under a regulation if—

(a)the self-insurer is given written notice of the amount of the levy; and

(b)the self-insurer does not pay the amount of levy specified in the notice on or before the due date.

(2)The Regulator may recover the amount of levy and the additional amount payable to it by the self-insurer.

83   Conditions of licence

(1)A licence may be subject to—

(a)the conditions prescribed under a regulation; and

(b)any conditions, not inconsistent with this Act, imposed by the Regulator—

(i)on the issue or renewal of a licence; or

(ii)at any time during the period of the licence.

Note—

See also section 232ZI(3).

(2)The Regulator, by written notice to a self-insurer, may—

(a)impose conditions on the licence; or

(b)impose further conditions on the licence; or

(c)vary conditions imposed on the licence.

(3)A condition imposed is effective whether or not it is endorsed on the licence.

(4)A condition may be imposed in relation to a particular employer who is a member of a group employer.

84   Security

(1)A self-insurer must lodge a security with the Regulator before the issue or renewal of a licence.

(2)The security must be—

(a)in favour of WorkCover; and

(b)150% of the self-insurer’s estimated claims liability.

(3)Also, if the security is a bank guarantee or financial guarantee, the security—

(a)must be irrevocable and unconditional, including not being conditional on—

(i)another right or obligation contained in another document; or

(ii)WorkCover proving that a demand has been made; and

(b)must be payable immediately on demand; and

(c)must not be given by an entity that is a related body corporate to the self-insurer; and

(d)must be satisfactory to the Regulator.

(4)The estimated claims liability—

(a)must be assessed annually by an actuary approved by the Regulator; and

(b)must be calculated in the way prescribed under a regulation.

(b)a personal services business determination is in effect for the person performing the work under the Income Tax Assessment Act 1997 (Cwlth), section 87-60.

Schedule 3 Who is an employer in particular circumstances

section 30

1A person who lends or lets on hire the services of a worker who is party to a contract (regardless of whether the contract is a contract of service) with that person continues to be the worker’s employer while the worker’s services are lent or let on hire.

2If a labour hire agency or group training organisation arranges for a worker who is party to a contract (regardless of whether the contract is a contract of service) with the agency or organisation to do work for someone else, the agency or organisation continues to be the worker’s employer while the worker does the work for the other person under an arrangement made between the agency or organisation and the other person.

3If a holding company lets on hire the services of a worker who is party to a contract (regardless of whether the contract is a contract of service) with the holding company, the holding company continues to be the worker’s employer while the worker’s services are let on hire.

4The owner of the farm is the employer of a person who works the farm as a sharefarmer, and any worker employed by the sharefarmer, if—

(a)the sharefarmer does not provide and use in the sharefarming operations farm machinery driven or drawn by mechanical power; and

(b)the sharefarmer is entitled to not more than ¹/₃ of the proceeds of the sharefarming operations under the sharefarming agreement.

5A person by whom commission is payable to a salesperson, canvasser, collector or other person (a salesperson), who is paid entirely or partly by commission, is the employer of the salesperson if the commission is not received for or in connection with work incident to a trade or business regularly carried on by the salesperson, individually or by means of a partnership.

6A person is the employer of a contractor (other than a contractor mentioned in schedule 2, part 2, section 4), and any worker employed by the contractor, if—

(a)the person makes a contract with the contractor for the performance of work that is not incident to a trade or business regularly carried on by the contractor, individually or by means of a partnership; and

(b)the contractor—

(i)does not sublet the contract; or

(ii)does not employ a worker; or

(iii)if the contractor employs a worker, performs part of the work under the contract personally.

7If a corporation is a worker’s employer and an administrator is appointed under the Corporations Act to administer the corporation, the corporation continues to be the worker’s employer while the corporation is under administration.

8A person is the employer of an intern if—

(a)the person is conducting a business or undertaking; and

(b)the intern performs work for the person without payment of wages to gain practical experience in the type of work performed by the business or undertaking, or to seek to obtain a qualification; and

(c)the intern would be a worker if the work performed by the intern were for the payment of wages.

9A person is the employer of a person who is a worker under section 11(1)(b) if—

(a)the person is a regulated business under the Fair Work Act 2009 (Cwlth); and

(b)a minimum standards order, minimum standards guideline or collective agreement applies to, or covers, the person under chapter 3A of that Act; and

(c)the person is prescribed by regulation to be the employer of the worker.

Schedule 4 Adjacent areas

section 113(9)

1   Definitions

In this schedule—

continental shelf has the same meaning as in the Seas and Submerged Lands Act 1973 (Cwlth).

territorial sea has the same meaning as in the Seas and Submerged Lands Act 1973 (Cwlth).

2   Adjacent areas

(1)The adjacent area for New South Wales, Victoria, South Australia or Tasmania is so much of the area described in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cwlth), schedule 1 in relation to that State as is within the outer limits of the continental shelf and includes the space above and below that area.

(2)The adjacent area for Queensland is—

(a)so much of the area described in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cwlth), schedule 1 in relation to Queensland as is within the outer limits of the continental shelf; and

(b)the Coral Sea area (within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cwlth), section 8(2)) other than the territorial sea within the Coral Sea area; and

(c)the areas within the outer limits of the territorial sea adjacent to certain islands of Queensland as determined by proclamation on 4 February 1983 under the Seas and Submerged Lands Act 1973 (Cwlth), section 7; and

(d)the space above and below the areas described in paragraphs (a), (b) and (c).

(3)The adjacent area for Western Australia is so much of the area described in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cwlth), schedule 1 in relation to Western Australia as—

(a)is within the outer limits of the continental shelf; and

(b)is not within the Joint Petroleum Development Area;

and includes the space above and below that area.

(4)The adjacent area for the Northern Territory is—

(a)so much of the area described in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cwlth), schedule 1 in relation to the Northern Territory as—

(i)is within the outer limits of the continental shelf; and

(ii)is not within the Joint Petroleum Development Area; and

(b)the offshore area for the Territory of Ashmore and Cartier Islands (within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cwlth), section 8(1)) other than the territorial sea within that area; and

(c)the space above and below the areas described in paragraphs (a) and (b).

(5)However, the adjacent area for a State does not include any area inside the limits of any State or Territory.

(6)A reference in this section to the area described in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cwlth), schedule 1 in relation to a State or Territory is a reference to the scheduled area for the State or Territory under the schedule.

Schedule 4A Specified diseases

sections 36B and 36D

Column 1 Disease	Column 2 Minimum number of years
asbestos related disease	15 years
malignant mesothelioma	15 years
multiple myeloma	15 years
primary site bladder cancer	15 years
primary site brain cancer	5 years
primary site breast cancer	10 years
primary site cervical cancer	10 years
primary site colorectal cancer	15 years
primary site kidney cancer	15 years
primary site leukaemia	5 years
primary site liver cancer	15 years
primary site lung cancer	15 years
primary site non-Hodgkins lymphoma	15 years
primary site oesophageal cancer	15 years
primary site ovarian cancer	10 years
primary site pancreatic cancer	10 years
primary site penile cancer	15 years
primary site prostate cancer	15 years
primary site skin cancer	15 years
primary site testicular cancer	10 years
primary site thyroid cancer	10 years
primary site ureter cancer	15 years
primary site uterine cancer	10 years

Schedule 5 Period of limitation

section 302(1)(b)

1   Worker who requests or is given notice of assessment

(1)This section applies if—

(a)less than 6 months before the end of the general limitation period, an insurer gives a worker a notice of assessment for an injury; or

(b)before the end of the general limitation period—

(i)a worker asks an insurer to have the worker’s injury assessed to decide if the injury has resulted in a DPI; and

(ii)the insurer has not given the worker a notice of assessment for the injury.

(2)A proceeding for damages for the injury may be brought—

(a)within 6 months after the insurer gives the notice of assessment for the injury; or

(b)if, before the end of the period mentioned in paragraph (a), the worker advises the insurer that the worker does not agree with the DPI stated in the notice of assessment for the injury—within 6 months after a tribunal decides the DPI.

2   Application for compensation subject to review or appeal

(1)This section applies if, before the end of the general limitation period—

(a)a claimant lodges an application for compensation for an injury; and

(b)the application is or has been the subject of a review or appeal under chapter 13; and

(c)the application has not been accepted.

(2)A proceeding for damages for the injury may be brought—

(a)within 6 months after the claimant’s application is accepted; or

(b)if, before the end of the period mentioned in paragraph (a), the claimant asks the insurer to have the injury assessed to decide if the injury has resulted in a DPI—

(i)within 6 months after the insurer gives a notice of assessment for the injury; or

(ii)if, before the end of the period mentioned in subparagraph (i), the worker advises the insurer that the worker does not agree with the DPI stated in the notice of assessment for the injury—within 6 months after a tribunal decides the DPI.

3   Application for certificate of dependency

(1)This section applies if, before the end of the general limitation period, a claimant applies for a certificate under section 132B stating the claimant is a dependant of a deceased worker.

(2)A proceeding for damages for the deceased worker’s injury may be brought by the claimant within 6 months after the insurer issues the certificate.

(3)Subsection (2) applies whether or not the certificate is issued following a review or appeal under chapter 13.

Schedule 6 Dictionary

section 7

accept, for awarded treatment, care and support damages, for chapter 4A, part 5, see section 232U.

acceptance period, for awarded treatment, care and support damages, for chapter 4A, part 5, see section 232U.

accident insurance see section 8.

accredited rehabilitation and return to work program, of an insurer, means a rehabilitation and return to work program managed by the insurer that is accredited by the Regulator.

accredited workplace see section 45.

aggravation includes acceleration.

aircraft includes a machine, glider or apparatus designed to fly by gaining support from the atmosphere.

amount, for chapter 3, part 1A, see section 107A.

amount payable—

(a)generally, means an amount due and payable; and

(b)for an amount payable under an industrial instrument, see section 107B.

amount payable under an industrial instrument ...

appeal body, for chapter 13, part 3, division 1, see section 548A.

apology, for chapter 5, part 14, see section 320G.

approved form see section 586.

approved service, for an eligible worker, for chapter 4A, see section 232I.

arrangement, for schedules 2 and 3, includes agreement, promise, scheme, transaction, understanding and undertaking (whether express or implied).

associate, of a law practice for chapter 6B, see the Legal Profession Act 2007, section 7(1).

associated person, of an investigated person, see section 532L.

attendant care and support services, for chapter 4A, see section 232I.

authorised auditor ...

authorised person means—

(a)for chapter 7—a person appointed as an authorised person by the Regulator under section 330; or

(b)for chapter 8—a person appointed as an authorised person by WorkCover under 466; or

(c)otherwise—a person mentioned in paragraph (a) or (b).

Authority ...

Authority employee ...

awarded, in relation to treatment, care and support damages, for chapter 4A, part 5, see section 232U.

bank guarantee ...

board, for chapter 8 and chapter 9, part 1, means WorkCover’s board.

building and construction industry, for chapter 14, part 1A, see section 576A.

calling means any activity ordinarily giving rise to the receipt of remuneration or reward including self-employment or the performance of an occupation, trade, profession, or carrying on of a business, whether or not the person performing the activity received remuneration.

chapter 4A eligibility criteria, for a serious personal injury, means criteria for the injury prescribed under section 232M(2)(a).

chest image means an x-ray or other medical image of a person’s chest.

chest x-ray examination means an examination of an x-ray taken of a person’s chest—

(a)for the purpose of screening for indications of a coal mine dust lung disease; and

(b)to the extent the examination is for the purpose of screening for indications of pneumoconiosis—performed in accordance with the ILO classification guidelines.

chief executive (health) means the chief executive of the department in which the Medicines and Poisons Act 2019 is administered.

chief executive officer means WorkCover’s chief executive officer appointed under section 442.

claim—

(a)for chapter 6B, see section 325E; and

(b)for chapter 12, part 1A—see section 532L.

claimant—

(a)generally, means a person who lodges an application for compensation; and

(b)for chapter 5, see section 233; and

(c)for chapter 6B and chapter 12, part 1A—means a person mentioned in paragraph (a) or (b).

classification group employer means 2 or more employers that are in—

(a)a pre-existing stable business relationship—

(i)of at least 2 years; or

(ii)for an entity that has been in existence for less than 2 years—since the entity’s inception; and

(b)the same industry or business classification specified by WorkCover by gazette notice.

coal mine dust lung disease means a respiratory disease caused by exposure to coal dust.

Examples—

•chronic obstructive pulmonary disease

•coal workers’ pneumoconiosis

•dust-related diffuse fibrosis

•mixed dust pneumoconiosis

compensation see section 9.

compensation under this part, for chapter 3, part 8, see section 143.

community service obligations of WorkCover, see section 409.

compliance notice see section 537C(1).

complying notice of claim means a notice of claim that complies with section 275.

compulsory conference see section 289.

construction project, for chapter 14, part 1A, see section 576A.

construction work, for chapter 14, part 1A, see section 576A.

contracted hospital see section 215.

contract of service includes an apprenticeship contract or traineeship contract under the Vocational Education, Training and Employment Act 2000.

contractor means a person who has contracted with someone else for the performance of work or provision of a service.

contribution claim, for chapter 5, see section 233.

contribution notice see section 278A.

contributor means a person added as a contributor under section 278A.

contributor’s response ...

contributory negligence see the Law Reform Act 1995, section 10.

conviction means a finding of guilt, or the acceptance of a plea of guilty, by a court.

councillor has the meaning given by the Local Government Act 2009.

court means the court having jurisdiction in relation to the amount or matter referred to.

damages see section 10.

deemed levy ...

deemed premium ...

dependant see section 27.

dependency claim means a claim in relation to a fatal injury brought on behalf of a deceased’s dependants or estate.

director, of a corporation, includes—

(a)a person holding or acting in the position of a director (by whatever name called) of the corporation whether or not the person was validly appointed to hold, or is duly authorised to act in, the position; and

(b)a person under whose directions or instructions the corporation is ordinarily controlled.

dismiss, for chapter 4, part 6, see section 232A.

doctor means a registered medical practitioner.

DPI see section 179(1).

due date means the day an amount becomes payable under this Act or under a premium notice.

dust-related condition see the Civil Liability Act 2003, schedule 2.

duty, for chapter 5, part 8, see section 305.

duty of care, for chapter 5, part 8, see section 305.

elect, in relation to a worker seeking treatment, care and support damages for the worker’s injury, for chapter 4A, part 5, see section 232U.

elective hospitalisation see section 215.

eligibility criteria, for chapter 4A, see section 232M(2)(a).

eligibility period, for an eligible worker, for chapter 4A, see section 232L(3).

eligible employee see section 36EC.

eligible person see section 23.

eligible worker, for chapter 4A, see section 232I.

employ, for chapter 1, part 4, division 6, subdivision 3B, see section 36B.

employee of the employing office see section 475F(2).

employee organisation means an organisation of employees that is a registered industrial organisation.

employer see section 30.

employing office means the WorkCover Employing Office established under section 475A.

employment process, for chapter 14, part 1, division 1, see section 571A.

employs 30 or more workers ...

event see section 31.

examination application see section 325B(1).

excess period see section 65.

excluded treatment, care or support, for chapter 4A, see section 232K.

executive officer means the executive officer of the employing office appointed under section 475D.

exit date, for a non-scheme employer, means the date on which an employer becomes a non-scheme employer.

expression of regret, for chapter 5, part 14, see section 320C.

false or misleading disclosure, for chapter 14, part 1, division 1, see section 571A.

firefighter see section 36B.

first responder see section 36EB.

former Act means—

(a)the Workers’ Compensation Act 1916; or

(b)the Workers’ Compensation Act 1990; or

(c)the WorkCover Queensland Act 1996.

former coal worker see section 325A.

former position, for chapter 4, part 6, see section 232A.

former tribunal, for chapter 11, part 3, see section 499.

fully funded, in relation to WorkCover, means fully funded as provided by section 453.

funding agreement, for chapter 4A, see section 232Q(2).

future loss for chapter 5, part 9, see section 306.

general damages, for chapter 5, part 9, see section 306.

general limitation period see section 302(1)(a).

GEPI ...

government entity has the meaning given by the Public Sector Act 2022, section 276, and includes a GOC.

group employer means a classification group employer or related bodies corporate group employer.

group training organisation, for schedules 2 and 3, means a group training organisation under the Vocational Education, Training and Employment Act 2000.

hospital see section 215.

hospitalisation, of a worker, means the admission of the worker in a private hospital or public hospital for medical treatment for the worker’s injury.

ILO classification guidelines means the document called ‘Guidelines for the use of the ILO International Classification of Radiographs of Pneumoconioses’, revised edition 2011, published by the International Labour Office.

impairment see section 37.

increased pneumoconiosis score see section 128I(1)(b) and (2)(c).

Industrial Act see section 107A.

industrial deafness means loss of hearing (other than total loss of hearing in either ear) caused by excessive noise.

industrial instrument means—

(a)an industrial instrument under the Industrial Relations Act 2016; or

(b)a federal industrial instrument.

injured worker, for chapter 4, part 6, see section 232A.

injury—

(a)generally—see section 32; or

(b)for chapter 4, part 6—see section 232A.

injury scale value see section 306O.

insurer—

(a)generally—means WorkCover or a self-insurer; or

(b)in relation to a claimant or worker whose employer for the purposes of the injury is a self-insurer—means the self-insurer; or

(c)in relation to any person otherwise entitled to compensation for the injury—means WorkCover.

interim period, for an eligible worker, for chapter 4A, see section 232I.

intern see schedule 2, part 1, section 7.

intoxicated, in relation to a person, means that the person is under the influence of alcohol or a drug to the extent that the person’s capacity to exercise proper care and skill is impaired.

investigated person see section 532L.

investigator see section 532L.

labour hire agency, for schedules 2 and 3, means an entity, other than a holding company, that conducts a business that includes the supply of services of workers to others.

latent onset injury means an insidious disease.

law practice, for chapter 6B, see the Legal Profession Act 2007, schedule 2.

law practice certificate see section 325F.

local government group employer means a group employer whose members are all local governments.

local government self-insurer means a self-insurer that is a single local government or a local government group employer.

lodgement age, in relation to an injury sustained by a worker, means the age of the worker when the worker lodges an application under section 132 for compensation for the injury.

loss of earnings for chapter 5, part 9, see section 306.

lung disease examination, of a person, means an examination of the person that includes each of the following procedures, whether carried out at the same time or at different times—

(a)a chest x-ray examination;

(b)an examination of the person’s respiratory function;

(c)if the results of 1 or more previous respiratory function examinations of the person are available—a comparative assessment of the person’s respiratory function.

maximum statutory compensation, means an amount equal to the amount of compensation payable under chapter 3, part 6.

medical assessment tribunal means a medical assessment tribunal established under chapter 11.

medical condition means a condition of a medical nature that is not an injury under section 32.

medical treatment means—

(a)treatment by a doctor, dentist, physiotherapist, occupational therapist, psychologist, chiropractor, osteopath, podiatrist or speech pathologist; or

(b)assessment for industrial deafness by an audiologist; or

(c)the provision of diagnostic procedures or skiagrams; or

(d)the provision of nursing, medicines, medical or surgical supplies, curative apparatus, crutches or other assistive devices.

member of the family, of a deceased worker, see section 28.

minor injury means an injury of a person that does not require the hospitalisation of the person as an in-patient to properly treat the injury.

motor vehicle includes—

(a)a machine or apparatus designed for propulsion completely or partly by petrol, diesel, oil, LPG, or other motor spirit, oil or gas, electricity, steam or other mechanical power; and

(b)a motorcycle; and

(c)a caravan, caravan trailer or other trailer designed to be attached to a motor vehicle.

non-Queensland government entity means—

(a)the Commonwealth or a State other than Queensland; or

(b)an agency or instrumentality of the Commonwealth or a State other than Queensland.

non-reviewable decision see section 548.

non-scheme employer means an employer that—

(a)on or after the commencement of the Workers’ Compensation and Rehabilitation and Other Acts Amendment Act 2005, section 14, is granted a licence under the Safety, Rehabilitation and Compensation Act 1988 (Cwlth), part VIII; and

(b)would, if the licence had not been granted, be required to have the employer’s liability provided for—

(i)under a licence as a self-insurer under chapter 2, part 4; or

(ii)under a WorkCover policy.

non-scheme member see section 105K.

normal weekly earnings see section 106.

notice of assessment means a notice of assessment of permanent impairment issued by an insurer under section 185.

notice of claim means a notice under section 275 that a claimant intends to seek damages for an injury sustained by the claimant.

nurse practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession, other than as a student, whose registration is endorsed as being qualified to practice as a nurse practitioner.

NWE means normal weekly earnings.

obvious risk, for section 305H, see section 305I.

occupier, of a place, includes the following—

(a)if there is more than 1 person who apparently occupies the place—any 1 of the persons;

(b)any person at the place who is apparently acting with the authority of a person who apparently occupies the place;

(c)if no-one apparently occupies the place—any person who is an owner of the place.

of, a place, includes at or on the place.

offence warning, for a requirement by an authorised person, means a warning that, without a reasonable excuse, it is an offence for the person of whom the requirement is made not to comply with it.

offer—

(a)for chapter 3, part 10, division 3—see section 187; or

(b)for chapter 5—see section 233.

OHS report, for chapter 2, part 4, means a report about occupational health and safety performance prepared under the Work Health and Safety Act 2011, schedule 2, part 3.

outstanding liability see section 87(1)(b).

owner, of a thing that has been seized under chapter 12, part 1, division 2, subdivision 2, includes a person who would be entitled to possession of the thing had it not been seized.

party, for chapter 5, see section 233.

payable amount ...

payment request, for chapter 4A, see section 232Q(3).

period of insurance means the period of accident insurance cover specified in a policy, policy renewal certificate or premium notice.

permanent impairment see section 38.

personal injury, to a person, includes damage to or destruction of—

(a)a prosthesis actually fitted to the person; or

(b)an assistive device, being crutches, spectacles or medical aids, while in actual use by the person for a purpose for which the device is intended.

person under a legal disability, for chapter 4A, part 5, see section 232U.

place of employment means the premises, works, plant, or place for the time being occupied by, or under the control or management of, the employer by whom a worker concerned is employed, and in, on, at, or in connection with which the worker was working when the worker sustained injury.

pneumoconiosis band see section 128G(3).

pneumoconiosis score see section 36F.

policy means a policy for a contract of accident insurance, and includes a policy under a former Act.

pre-existing injury or medical condition, for chapter 14, part 1, division 1, see section 571A.

pre-existing stable business relationship, for a classification group employer, includes—

(a)membership of a common representative organisation; and

(b)common ownership or management; and

(c)involvement in joint ventures or joint ownership of assets.

premium notice means a notice issued by WorkCover of an assessment of premium, a default assessment of premium, or a reassessment of premium.

prescribed disfigurement ...

previous respiratory function examination, in relation to a lung disease examination of a person, means an examination of the person’s respiratory function that was carried out—

(a)by a person qualified and competent to conduct the examination; and

(b)before the lung disease examination is carried out.

principal contractor, for a construction project for chapter 14, part 1A, see section 576B.

private hospital see section 215.

private patient see section 215.

prospective employer, for chapter 14, part 1, division 1, see section 571A.

prospective worker, for chapter 14, part 1, division 1, see section 571A.

provider of workplace rehabilitation services means a person who provides services for the rehabilitation of a worker, but does not include the worker’s employer.

psychiatrist means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in the specialty of psychiatry, other than as a student.

public hospital see section 215.

public patient see section 215.

QOTE, for a financial year, see section 10A(1).

reasonably means on grounds that are reasonable in all the circumstances.

redemption payment means a payment under section 171, 172 or 173.

registered means—

(a)

in relation to a person mentioned in the definition medical treatment, paragraph (a) who is held out as providing, or qualified to provide, medical treatment—registered under the law of the place where the medical treatment is provided as a person lawfully entitled to provide the medical treatment in that place; or

(b)in relation to an audiologist—certified by the Audiological Society of Australia.

registered person means a registered person of a description mentioned in the definition medical treatment.

registered industrial organisation means an organisation under—

(a)the Industrial Relations Act 2016; or

(b)the Fair Work (Registered Organisations) Act 2009 (Cwlth).

Regulator see section 326(2).

Regulator’s office means the office of the department in which the Regulator predominantly works.

rehabilitation see section 40.

rehabilitation and return to work coordinator see section 41.

rehabilitation and return to work plan ...

rehabilitation coordinator ...

related bodies corporate group employer means 2 or more employers who are related bodies corporate.

related body corporate has the meaning given by the Corporations Act.

relevant contractor, for a construction project for chapter 14, part 1A, see section 576A.

relevant document, for chapter 11, parts 3 and 4, see section 499.

relevant volunteer, for chapter 1, part 4, division 6, subdivision 3BA, see section 36EA.

representative, for chapter 11, part 4, see section 510A.

required minimum number, for chapter 8, part 4, division 2, see section 429.

residual liability see section 87(1)(a).

review decision see section 545.

scheme directions means scheme directions in force under section 329A.

section 84 security means a security given under section 84.

self-insurer means a single employer or group employer licensed under chapter 2, part 4.

self-insurer’s workers means the workers employed by a self-insurer before the issue of the self-insurer’s licence or during the period of the self-insurer’s licence.

serious and wilful misconduct of a worker does not include conduct engaged in at the express or implied direction of the worker’s employer.

serious personal injury means an injury that is—

(a)a permanent spinal cord injury resulting in a permanent neurological deficit; or

(b)a traumatic brain injury resulting in a permanent impairment of cognitive, physical or psychosocial function; or

(c)a forequarter amputation or shoulder disarticulation amputation; or

(d)the amputation of a leg through or above the femur; or

(e)the amputation of more than 1 limb or parts of different limbs; or

(f)a permanent injury to the brachial plexus resulting in an impairment equivalent to a shoulder disarticulation amputation; or

(g)a full thickness burn to all or part of the body; or

(h)an inhalation burn resulting in a permanent respiratory impairment; or

(i)permanent blindness caused by trauma.

service request, for chapter 4A, see section 232P(1).

ship means any kind of vessel used in navigation by water, however propelled or moved, and includes—

(a)a barge, lighter, or other floating vessel; and

(b)an air-cushion vehicle, or other similar craft, used wholly or primarily in navigation by water.

single employer—

(a)includes persons in partnership that are employers; but

(b)does not include a limited partnership formed under the Mercantile Act 1867 or the Partnership Act 1891.

single pension rate, for chapter 3, part 9, division 4, means the amount of the maximum single disability support pension payable from time to time under a Commonwealth law, but does not include an amount for allowances, for example, rent assistance or family payment.

specialist means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in a recognised specialty, other than as a student.

specified disease see section 36B.

specified volunteer firefighter means a person to whom section 36D applies, if the person was a volunteer firefighter for any period of the person’s employment as a firefighter mentioned in section 36D(1)(b).

spouse of a deceased worker, see section 29.

structured settlement, for chapter 5, part 9, division 4, see section 306Q.

student for chapter 3, part 11, see section 195.

substantive law, for chapter 6, see section 322.

suitable duties see section 42.

superannuation contribution means a superannuation contribution under the Payroll Tax Act 1971.

supervising principal, for chapter 6B, see section 325E.

support plan, for chapter 4A, see section 232O(1)(b).

suspects includes believes.

table of costs means the table of costs for the provision of the relevant ambulance transportation, medical treatment, rehabilitation or other goods or services for the time being as decided by WorkCover to be acceptable for this Act.

table of injuries ...

terminal condition see section 39A.

this Act for chapter 5, includes a former Act.

total liability, for chapter 2, part 4, means the total of the following—

(a)residual liability;

(b)outstanding liability;

(c)any liability under section 68C.

treatment, care and support damages, in relation to a worker, see section 232I.

treatment, care and support needs, of a worker, see section 232J.

treatment, care and support payments, for a worker who has sustained an injury, see section 232I.

tribunal, other than in section 114(4), means a medical assessment tribunal.

usual employment see section 107C.

vehicle for section 36, means a motor vehicle, bicycle, aircraft, train, boat or anything else used to carry persons or goods from place to place, even if the vehicle is incapable of use because of mechanical defect or because a part has been removed.

volunteer firefighter means a person mentioned in section 36B, definition firefighter, paragraph (b), (c) or (e).

wages means the total amount paid, or provided by, an employer to, or on account of, a worker as wages, salary or other earnings by way of money or entitlements having monetary value, but does not include—

(a)allowances payable in relation to any travelling, car, removal, meal, education, living in the country or away from home, entertainment, clothing, tools and vehicle expenses; and

(b)superannuation contributions, for deciding the amount of compensation payable to a worker under chapter 3 or 4; and

(c)lump sum payments on termination of a worker’s services for superannuation, accrued holidays, long service leave or any other purpose; and

(d)an amount payable under section 66.

WorkCover means WorkCover Queensland.

WorkCover employee means—

(a)WorkCover’s chief executive officer; or

(b)a senior executive of WorkCover; or

(c)a person employed by WorkCover under a contract of service.

WorkCover Queensland means WorkCover Queensland established under section 380.

worker—

(a)generally—see section 11; or

(b)for chapter 3A—see section 207AA; or

(c)for chapter 5—see section 233; or

(d)for chapter 11—see section 491.

workers’ compensation certificate protocol means a document stating the circumstances or conditions under which a nurse practitioner may issue a certificate under section 132(3)(a), that is—

(a)certified by the Regulator and the chief executive (health); and

(b)published by the department, including by being published on the department’s website and elsewhere.

Workers’ Compensation Regulatory Authority ...

work performance arrangement means an arrangement under which an employee of a government entity or non-Queensland government entity performs work for another government entity or non-Queensland government entity.

workplace—

(a)means a place where work is, is to be, or is likely to be, performed by a worker or employer and is a place—

(i)that is for the time being occupied by the employer or under the control or direction of the worker’s employer; or

(ii)where the worker is under the control or direction of the worker’s employer; and

(b)for chapter 12, part 1, includes a place of business of an insurer.

workplace rehabilitation see section 43.

workplace rehabilitation policy and procedures see section 44.

work related impairment ...

WRI ...

written final offer, for chapter 5, see section 233.