Workers' Compensation and Rehabilitation Amendment Regulation (No. 1) 2008 (Qld)

Queensland Workers’ Compensation and Rehabilitation Amendment Regulation (No. 1) 2008 Subordinate Legislation 2008 No. 105 made under the Workers’ Compensation and Rehabilitation Act 2003 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 5 (WorkCover’s capital adequacy—Act, s 453) . 3 5 Amendment of s 16 (Excess period—Act, s 65). . . . . . . . . . . . . . 3 6 Amendment of s 26 (Insurance of vocational placement students) ...................................... 4 7 Amendment of s 94 (Assessment for industrial deafness—Act, s 179) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Amendment of s 95 (Calculation of WRI—Act, s 183) . . . . . . . . . 4 9 Replacement of s 99A (Criteria for becoming rehabilitation and return to work coordinator—Act, s 41(a)) . . . . . . . . . . . . . . . . . . . 4 99A Criteria for rehabilitation and return to work coordinator—Act, s 41(a) . . . . . . . . . . . . . . . . . . . . . . 4 10 Amendment of s 99C (Employer’s obligation to appoint rehabilitation and return to work coordinator—Act, s 226(1)). . . . 5 11 Amendment of s 99D (Employer’s obligation to have workplace rehabilitation policy and procedures—Act, s 227(1)) . . . . . . . . . . 5 12 Amendment of s 111 (Notice of claim for damages—Act, s 275). 6

Workers’ Compensation and Rehabilitation Amendment Regulation (No. 1) 2008 Contents 13 Amendment of s 112A (Insurer may add another person as contributor—Act, s 278A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Insertion of new pt 10, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3 Transitional provisions for Workers’ Compensation and Rehabilitation Amendment Regulation (No. 1) 2008 125 Excess period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Rehabilitation and return to work coordinators. . . . . . 127 Adding person as contributor . . . . . . . . . . . . . . . . . . . 6 6 7 7 7 Page 2 2008 SL No. 105

Workers’ Compensation and Rehabilitation Amendment Regulation (No. 1) 2008 [s 1] 1 Short title This regulation may be cited as the Workers’ Compensation and Rehabilitation Amendment Regulation (No. 1) 2008 . 2 Commencement (1) Sections 5 and 14 (to the extent it inserts part 10, division 3 heading and section 125) commence on 1 May 2008. (2) Sections 10, 11, 13 and 14 (to the extent it inserts section 127) commence on 1 July 2008. (3) Sections 9 and 14 (to the extent it inserts section 126) commence on 1 July 2009. 3 Regulation amended This regulation amends the Workers’CompensationandRehabilitation Regulation 2003. 4 Amendment of s 5 (WorkCover’s capital adequacy—Act, s 453) Section 5, ‘453(1)(b)’— omit, insert— ‘453(b)’. 5 Amendment of s 16 (Excess period—Act, s 65) (1) Section 16, ‘$500’— omit, insert— ‘65% of QOTE rounded up to the nearest $10’. (2) Section 16(2), ‘$500’— omit, insert — ‘the amount worked out under subsection (1)’. 2008 SL No. 105 Page 3

Workers’ Compensation and Rehabilitation Amendment Regulation (No. 1) 2008 [s 6] 6 Amendment of s 26 (Insurance of vocational placement students) Section 26(1), definitions registered training organisation and vocational placement , ‘ Training and Employment Act 2000 ’— omit, insert — ‘ Vocational Education, Training and Employment Act 2000 ’. 7 Amendment of s 94 (Assessment for industrial deafness—Act, s 179) Section 94(4), from ‘AS/NZS’, and footnote— omit, insert— ‘AS/NZS 1269.4:2005. Editor’s note — AS/NZS 1269.4:2005 (Occupational noise management—Auditory assessment)’. 8 Amendment of s 95 (Calculation of WRI—Act, s 183) Section 95(2), example, from ‘thumb’ to ‘lump’— omit, insert— ‘thumb. The lump’. 9 Replacement of s 99A (Criteria for becoming rehabilitation and return to work coordinator—Act, s 41(a)) Section 99A— omit, insert— ‘99A Criteria for rehabilitation and return to work coordinator—Act, s 41(a) ‘(1) A person meets the criteria to be a rehabilitation and return to work coordinator by— Page 4 2008 SL No. 105

Workers’ Compensation and Rehabilitation Amendment Regulation (No. 1) 2008 [s 10] (a) satisfactorily completing a workplace rehabilitation course accredited under the VocationalEducation,Training and Employment Act 2000 ; and (b) registering as a rehabilitation and return to work coordinator with the Authority. ‘(2) A person continues to meet the criteria to be a rehabilitation and return to work coordinator by satisfactorily completing training relating to workplace rehabilitation under guidelines issued by the Authority by industrial gazette notice.’. 10 Amendment of s 99C (Employer’s obligation to appoint rehabilitation and return to work coordinator—Act, s 226(1)) (1) Section 99C(1)(a) and (b)— omit, insert— ‘(a) for an employer who employs workers at a workplace in a high risk industry—the wages of the employer in Queensland for the preceding financial year were more than $1.63m; or (b) otherwise—the wages of the employer in Queensland for the preceding financial year were more than $4.9m.’. (2) Section 99C(2) and (4), ‘amount mentioned in subsection (1)(b)’— omit, insert— ‘amounts mentioned in subsection (1)’. 11 Amendment of s 99D (Employer’s obligation to have workplace rehabilitation policy and procedures—Act, s 227(1)) (1) Section 99D(1)(a) and (b)— omit, insert— ‘(a) for an employer who employs workers at a workplace in a high risk industry—the wages of the employer in 2008 SL No. 105 Page 5

Workers’ Compensation and Rehabilitation Amendment Regulation (No. 1) 2008 [s 12] Queensland for the preceding financial year were more than $1.63m; or (b) otherwise—the wages of the employer in Queensland for the preceding financial year were more than $4.9m.’. (2) Section 99D(2) and (4), ‘amount mentioned in subsection (1)(b)’— omit, insert— ‘amounts mentioned in subsection (1)’. 12 Amendment of s 111 (Notice of claim for damages—Act, s 275) Section 111(1)(j)(v), ‘Department of Family and Community Services (Cwlth)’— omit, insert — ‘department in which the Social Security Act 1991 (Cwlth) is administered’. 13 Amendment of s 112A (Insurer may add another person as contributor—Act, s 278A) Section 112A(a), ‘60’— omit, insert— ‘30’. 14 Insertion of new pt 10, div 3 After section 124— insert— Page 6 2008 SL No. 105

Workers’ Compensation and Rehabilitation Amendment Regulation (No. 1) 2008 [s 14] ‘Division 3 Transitional provisions for Workers’ Compensation and Rehabilitation Amendment Regulation (No. 1) 2008 ‘125 Excess period ‘Section 16, as in force immediately before the commencement of this section, continues to apply in relation to an injury sustained by a worker before 1 May 2008 as if the Workers’CompensationandRehabilitationAmendmentRegulation (No. 1) 2008, section 5 had not been made. ‘126 Rehabilitation and return to work coordinators ‘(1) A person who met the criteria for becoming a rehabilitation and return to work coordinator under old section 99A is, on the commencement, taken to meet the criteria to be a rehabilitation and return to work coordinator under section 99A(1). ‘(2) In this section— commencement means the commencement of this section. old section 99A means section 99A as in force immediately before the commencement. ‘127 Adding person as contributor ‘Section 112A, as in force immediately before the commencement of this section, continues to apply if an insurer received a notice of claim before 1 July 2008.’. 2008 SL No. 105 Page 7

Workers’ Compensation and Rehabilitation Amendment Regulation (No. 1) 2008 ENDNOTES 1 Made by the Governor in Council on 24 April 2008. 2 Notified in the gazette on 24 April 2008. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Employment and Industrial Relations. © State of Queensland 2008 Page 8 2008 SL No. 105