Workers' Compensation and Rehabilitation Amendment Regulation (No. 1) 2013 (Qld)

Queensland Workers’ Compensation and Rehabilitation Amendment Regulation (No. 1) 2013 Subordinate Legislation 2013 No. 220 made under the Workers’ Compensation and Rehabilitation Act 2003 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 99C (Employer’s obligation to appoint rehabilitation and return to work coordinator—Act, s 226(1)). . . . 2 4 Replacement of ss 118B and 118C . . . . . . . . . . . . . . . . . . . . . . . 3 118B Constitution of General Medical Assessment Tribunal 3 118C Chairperson and deputy chairperson of General Medical Assessment Tribunal . . . . . . . . . . . . . . . . . . . 4 5 Insertion of new pt 10, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 5 Transitional provision for Workers’ Compensation and Rehabilitation Amendment Regulation (No. 1) 2013 129 General Medical Assessment Tribunal constituted before commencement. . . . . . . . . . . . . . . . . . . . . . . . 5 6 Amendment of sch 5A (High risk industries) . . . . . . . . . . . . . . . . 5 7 Amendment of sch 13 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 8

Workers’ Compensation and Rehabilitation Amendment Regulation (No. 1) 2013 [s 1] 1 Short title This regulation may be cited as the Workers’ Compensation and Rehabilitation Amendment Regulation (No. 1) 2013 . 2 Regulation amended This regulation amends the Workers’CompensationandRehabilitation Regulation 2003. 3 Amendment of s 99C (Employer’s obligation to appoint rehabilitation and return to work coordinator—Act, s 226(1)) (1) Section 99C, heading, ‘226(1)’— omit, insert — 226 (2) Section 99C(2)— omit, insert— (2) Subsection (3) applies if, when an employer first meets the criteria, the employer already has an established workplace or employs workers at a workplace. (3) For section 226(3) of the Act, the employer is taken to establish a workplace or start to employ workers at a workplace when the employer first meets the criteria. (4) An employer may appoint 1 rehabilitation and return to work coordinator for more than 1 workplace if the person can reasonably perform the person’s functions as a rehabilitation and return to work coordinator for each workplace. (5) In this section— high risk industry means an industry stated in schedule 5A. Page 2 2013 SL No. 220

Workers’ Compensation and Rehabilitation Amendment Regulation (No. 1) 2013 [s 4] 4 Replacement of ss 118B and 118C Section 118B and 118C— omit, insert— 118B Constitution of General Medical Assessment Tribunal (1) For deciding a matter referred to it, the General Medical Assessment Tribunal is constituted by— (a) if its chairperson is a specialist— (i) the chairperson; and (ii) 2 appointees to the panel of doctors for the Tribunal designated by the chairperson; or (b) if its chairperson is not a specialist and there is at least 1 deputy chairperson who is a specialist— (i) a deputy chairperson who is a specialist designated by the Regulator; and (ii) 2 appointees to the panel of doctors for the Tribunal designated by the deputy chairperson; or (c) otherwise— (i) its chairperson; and (ii) 2 appointees to the panel of doctors for the Tribunal designated by the chairperson. (2) In designating a member of the panel to the Tribunal under subsection (1)(a)(ii), (b)(ii) or (c)(ii), the chairperson or deputy chairperson must have regard to the branch of medicine that is a recognised specialty under the HealthPractitionerRegulationNationalLaw that is relevant to the matters referred to the Tribunal. (3) In this section— 2013 SL No. 220 Page 3

Workers’ Compensation and Rehabilitation Amendment Regulation (No. 1) 2013 [s 5] specialist means a specialist in the branch of medicine that is a recognised specialty under the Health Practitioner Regulation National Law that is relevant to the matters referred to the Tribunal for decision. 118C Chairperson and deputy chairperson of General Medical Assessment Tribunal (1) Subject to subsections (2) and (3), the chairperson must preside over meetings of the General Medical Assessment Tribunal. (2) If a deputy chairperson is designated under section 118B(1)(b)(i) for deciding a matter referred to the General Medical Assessment Tribunal, the deputy chairperson must act as its chairperson and preside over the meetings of the Tribunal for deciding the matter. (3) If the chairperson is not available to attend to the business of the General Medical Assessment Tribunal, other than deciding a matter mentioned in subsection (2), a deputy chairperson must act as its chairperson. (4) A deputy chairperson may act as a member of the General Medical Assessment Tribunal only if the deputy chairperson has been designated for the purpose— (a) under section 118B; or (b) by the chairperson. 5 Insertion of new pt 10, div 5 Part 10— insert — Division 5 Transitional provision for Workers’ Compensation and Rehabilitation Page 4 2013 SL No. 220

Workers’ Compensation and Rehabilitation Amendment Regulation (No. 1) 2013 [s 6] Amendment Regulation (No. 1) 2013 129 General Medical Assessment Tribunal constituted before commencement (1) This section applies if— (a) before the commencement, the General Medical Assessment Tribunal was constituted under previous section 118B for deciding a matter referred to it; and (b) at the commencement, the Tribunal has not decided the matter. (2) For deciding the matter, the General Medical Assessment Tribunal continues to be constituted by the persons who constituted the Tribunal for deciding the matter before the commencement. (3) Subsection (2) applies despite section 118B. (4) In this section— commencement means the commencement of this section. previous section 118B means section 118B as in force before the commencement. 6 Amendment of sch 5A (High risk industries) (1) Schedule 5A, heading, ‘schedule 13’— omit, insert — section 99C(5) (2) Schedule 5A, section 1(2), columns 1 and 2— 2013 SL No. 220 Page 5

Workers’ Compensation and Rehabilitation Amendment Regulation (No. 1) 2013 [s 6] omit , insert— Column 1 ANZSIC class Column 2 Industry 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 Page 6 Agriculture, forestry and fishing agriculture aquaculture forestry and logging fishing, hunting and trapping agriculture, forestry and fishing support services Mining coal mining oil and gas extraction metal ore mining non-metallic mineral mining and quarrying exploration and other mining support services Manufacturing food product manufacturing beverage and tobacco manufacturing textile, leather, clothing and footwear manufacturing wood product manufacturing pulp, paper and converted paper product manufacturing printing (including the reproduction of recorded media) petroleum and coal product manufacturing basic chemical and chemical product manufacturing polymer product and rubber product manufacturing non-metallic mineral product manufacturing primary metal and metal product manufacturing fabricated metal product manufacturing 2013 SL No. 220

Workers’ Compensation and Rehabilitation Amendment Regulation (No. 1) 2013 [s 6] Column 1 ANZSIC class Column 2 Industry 23 24 25 30 31 32 46 47 48 49 50 52 53 84 85 86 29 77 0510 7711 1611 3020 7714 transport equipment manufacturing machinery and equipment manufacturing furniture and other manufacturing Construction building construction heavy and civil engineering construction construction services Transport and storage road transport rail transport water transport air and space transport other transport transport support services warehousing and storage Health care and social assistance hospitals medical and other health care services residential care services Miscellaneous waste collection, treatment and disposal services public order, safety and regulatory services forestry support services police services printing non-residential building construction correctional and detention services 2013 SL No. 220 Page 7

Workers’ Compensation and Rehabilitation Amendment Regulation (No. 1) 2013 [s 7] 7 Amendment of sch 13 (Dictionary) Schedule 13, definition high risk industry— omit . ENDNOTES 1 Made by the Governor in Council on 7 November 2013. 2 Notified on the Queensland legislation website on 8 November 2013. 3 The administering agency is the Department of Justice and Attorney-General. © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 8 2013 SL No. 220