Workers' Compensation and Rehabilitation and Other Legislation Amendment Act 2013 (Qld)

Queensland Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Act No. 52 of 2013

Queensland Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Contents Chapter 1 1 2 Chapter 2 Part 1 3 4 5 6 7 8 9 10 11 12 13 14 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendments relating to workers’ compensation and rehabilitation commencing on introduction Amendment of Workers’ Compensation and RehabilitationAct2003 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Omission of s 39 (Meaning of work related impairment) . . . . . . . 13 Omission of ch 3, pt 3, div 4 (Workers with prescribed disfigurement) .................................. 13 Renumbering of ch 3, pt 3, div 5 (Workers with latent onset injuries that are terminal conditions) . . . . . . . . . . . . . . . . . . . . . . 13 Amendment of s 128A (Application of div 5) . . . . . . . . . . . . . . . . 13 Amendment of s 130 (Injuries caused by misconduct). . . . . . . . . 13 Insertion of new s 132A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 132A Applying for assessment of DPI before applying for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 160 (Total incapacity—reference about impairment to medical assessment tribunal) . . . . . . . . . . . . . . . . 14 Amendment of ch 3, pt 10, div 2 hdg (Assessment of permanent impairment under table of injuries) . . . . . . . . . . . . . . . . . . . . . . . . 15 Amendment of s 179 (Assessment of permanent impairment) . . 15 Amendment of s 180 (Calculation of lump sum compensation) . . 16 Replacement of s 183 (Calculation of WRI) . . . . . . . . . . . . . . . . . 16 183 Guidelines for assessing a worker’s degree of permanent impairment and deciding DPI. . . . . . . . . . 16

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Contents 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Page 2 Amendment of s 185 (Insurer to give notice of assessment of permanent impairment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 189 (Worker’s decision about lump sum compensation—WRI less that 20% or no WRI) . . . . . . . . . . . . . . Amendment of s 237 (General limitation on persons entitled to seek damages). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 238 (Worker with terminal condition). . . . . . . . . Amendment of s 239 (Worker who is required to make election to seek damages). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 240 (Consequences, to costs, of seeking damages) ................................... Replacement of ch 5, pt 2, divs 3–7 . . . . . . . . . . . . . . . . . . . . . . . Division 3 Urgent proceedings 241 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 Need for urgent proceedings . . . . . . . . . . . . . . . . . . . Replacement of ch 5, pt 2, div 8 hdg (Review of worker’s decision to accept payment of lump sum compensation for injury—WRI less than 20% or no WRI) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 265 (Application of div 8). . . . . . . . . . . . . . . . . . Amendment of s 266 (Decision not to seek damages reviewable in certain circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 275 (Notice of claim for damages) . . . . . . . . . . Amendment of s 296 (Claimant to have given complying notice of claim or insurer to have waived compliance) . . . . . . . . . . . . . . Replacement of s 299 (Other provision for urgent proceedings) . 299 Other provision for urgent proceedings . . . . . . . . . . . Amendment of s 302 (Alteration of period of limitation) . . . . . . . . Amendment of ch 5, pt 12, div 1 hdg (Costs applying to worker with WRI of 20% or more, worker with latent onset injury that is a terminal condition, or dependant) . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 310 (Application of div 1). . . . . . . . . . . . . . . . . . Replacement of ch 5, pt 12, div 2 hdg and s 315 . . . . . . . . . . . . . Division 2 Costs applying to worker who does not have a terminal condition and has DPI of less than 20% 315 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 500 (Reference to tribunals) . . . . . . . . . . . . . . . Amendment of s 501 (Reference about application for compensation) ................................. Amendment of s 502 (Reference about worker’s capacity for work) 17 18 18 18 19 19 20 20 20 21 21 21 22 23 23 23 23 25 25 25 25 26 26 26 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Contents 35 36 37 38 39 40 41 Part 2 42 43 44 45 46 47 48 49 50 51 52 53 Omission of s 503 (Reference about worker’s injury) . . . . . . . . . . Amendment of s 504 (Reference about worker’s impairment) . . . Amendment of s 505 (Reference about worker’s permanent impairment) ..................................... Amendment of s 507 (Reference about review of worker’s permanent impairment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of s 508 (Assessment of additional compensation for prescribed disfigurement). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 31 Transitional provisions for the Workers’CompensationandRehabilitationandOtherLegislationAmendmentAct2013 Part 1 Amendments commencing on introduction of Bill 678 Injuries sustained before commencement . . . . . . . . . Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Workers’CompensationandRehabilitationRegulation2003 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 85A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85A Application for compensation for assessment of DPI—Act, s 132A . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 86 (Certificate given by dentist, doctor or nurse practitioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of ss 92–95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Calculating lump sum compensation—Act, s 180 . . . Omission of s 99A (Criteria for rehabilitation and return to work coordinator—Act, s 41(a)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 99C (Employer’s obligation to appoint rehabilitation and return to work coordinator—Act, s 226(1)). . . . Omission of pt 6, div 2 (Workplace rehabilitation policy and procedures) ................................... Renumbering of pt 6, div 1A (Rehabilitation and return to work coordinators) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 114 (Who this division applies to) . . . . . . . . . . . Omission of sch 2 (Table of injuries) . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Graduated scale of additional compensation for certain workers) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 4 (Graduated scale for additional compensation for gratuitous care) . . . . . . . . . . . . . . . . . . . . . . . . 27 27 27 27 28 28 28 29 30 30 30 31 31 31 31 31 32 32 32 33 33 33 2013 Act No. 52 Page 3

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Contents 54 55 Part 3 56 Chapter 3 Part 1 57 58 59 60 61 62 63 64 65 66 67 68 68A 69 70 71 72 73 Page 4 Amendment of sch 8 (Matters to which court is to have regard in the application of schedule 9). . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 13 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . Minor and consequential amendments 35 Legislation amended in sch 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendments relating to workers’ compensation and rehabilitation commencing on assent Amendment of Workers’ Compensation and RehabilitationAct2003 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 6 (Administration) . . . . . . . . . . . . . . . . . . . . . . 6 Administration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 32 (Meaning of injury) . . . . . . . . . . . . . . . . . . . . Amendment of s 34 (Injury while at or after worker attends place of employment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 35 (Other circumstances) . . . . . . . . . . . . . . . . . Amendment of s 41 (Meaning of rehabilitation and return to work coordinator) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 54 (Setting of premium). . . . . . . . . . . . . . . . . . . Amendment of s 81 (Annual levy payable) . . . . . . . . . . . . . . . . . . Amendment of s 101 (Recovery of ongoing costs from former self-insurer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 105H (Recovery of ongoing costs from non-scheme employer). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 107 (Meaning of QOTE) . . . . . . . . . . . . . . . . . 107 Meaning of QOTE. . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 108 (Compensation entitlement) . . . . . . . . . . . . Replacement of s 186 (Worker’s disagreement with assessment of permanent impairment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 Worker’s disagreement with assessment of permanent impairment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 210 (Insurer’s liability for medical treatment, hospitalisation and expenses) . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 217 (Cost of hospitalisation at private hospital) Amendment of s 218A (Cost of hospitalisation) . . . . . . . . . . . . . . Replacement of s 220 (Insurer’s responsibility for worker’s rehabilitation) .................................. 220 Insurer’s responsibility for worker’s rehabilitation . . . . Omission of s 221 (Authority’s responsibility for rehabilitation) . . 34 35 35 35 36 36 36 37 37 37 38 38 38 39 39 39 39 40 40 41 42 42 42 42 43 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Contents 74 Amendment of s 222 (Liability for rehabilitation fees and costs) . 43 75 Amendment of s 227 (Employer’s obligation to have workplace rehabilitation policy and procedures) . . . . . . . . . . . . . . . . . . . . . . 44 76 Amendment of s 231 (Worker must mitigate loss) . . . . . . . . . . . . 44 77 Amendment of s 267 (Mitigation of loss) . . . . . . . . . . . . . . . . . . . 44 78 Amendment of s 278 (Response to notice of claim). . . . . . . . . . . 44 79 Replacement of s 306F (Worker performed services before injury) 45 306F Worker performed services before injury . . . . . . . . . . 45 80 Replacement of s 306H (Services not required by or provided to worker before injury). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 306H Services not required by or provided to worker before injury ................................. 46 81 Amendment of s 306V (Indexation of particular amounts) . . . . . . 47 82 Replacement of ch 7 (The Authority) . . . . . . . . . . . . . . . . . . . . . . 47 Chapter 7 The Workers’ Compensation Regulator Part 1 Office and appointment 326 Establishment of office and appointment of Regulator 47 Part 2 Functions and powers 327 Functions of the Regulator . . . . . . . . . . . . . . . . . . . . . 48 328 Powers of the Regulator . . . . . . . . . . . . . . . . . . . . . . . 49 329 Delegation by the Regulator . . . . . . . . . . . . . . . . . . . . 49 Part 3 Authorised persons Division 1 Appointment of authorised persons 330 Appointment of authorised persons . . . . . . . . . . . . . . 50 331 Accountability of authorised persons . . . . . . . . . . . . . 50 332 Suspension and ending of appointment of authorised persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Division 2 Identity cards 333 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 334 Production or display of identity card . . . . . . . . . . . . . 52 335 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . 52 Division 3 Functions of authorised persons etc. 336 Functions of authorised persons . . . . . . . . . . . . . . . . 53 337 Conditions on authorised persons’ compliance powers 53 338 Authorised persons subject to Regulator’s directions. 53 339 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 54 83 Amendment of s 409 (Meaning of community service obligations) 54 2013 Act No. 52 Page 5

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Contents 84 85 86 87 88 89 90 91 92 93 94 Page 6 Amendment of s 424 (Establishment of board) . . . . . . . . . . . . . . Amendment of s 427 (Role of board) . . . . . . . . . . . . . . . . . . . . . . Omission of ch 9, pt 1 (The Minister and the Authority) . . . . . . . . Renumbering of ch 9, pts 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 481A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 481A Amounts payable by WorkCover on Minister’s instruction ........................... Amendment of s 483 (Notice of suspected threat to full funding because of direction or notification) . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 486A (Code of practice) . . . . . . . . . . . . . . . . . . Amendment of s 488 (Membership of committee) . . . . . . . . . . . . Amendment of s 495 (Conditions of appointment to tribunal) . . . Amendment of s 517 (Protection from liability). . . . . . . . . . . . . . . Replacement of ch 12, pt 1 (Authorised officers and enforcement) Part 1 Authorised persons and enforcement Division 1 Power to enter Subdivision 1 General powers of entry 518 Powers of entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 519 Notification of entry. . . . . . . . . . . . . . . . . . . . . . . . . . . 520 Persons assisting authorised persons . . . . . . . . . . . . Subdivision 2 Search warrants 521 Search warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 522 Electronic application . . . . . . . . . . . . . . . . . . . . . . . . . 523 Entry procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 524 Copy of search warrant to be given to person with management or control of place. . . . . . . . . . . . . . . . . Subdivision 3 Limitation on entry powers 525 Places used for residential purposes . . . . . . . . . . . . . Division 2 Specific powers after entry Subdivision 1 General 526 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 527 Power to require reasonable help. . . . . . . . . . . . . . . . 528 Offence to contravene help requirement . . . . . . . . . . Subdivision 2 Seizure 529 Power to seize evidence etc. . . . . . . . . . . . . . . . . . . . 530 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . 531 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . 54 54 54 55 55 55 55 56 56 56 56 57 57 58 58 59 60 62 63 64 64 66 66 67 67 68 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Contents 532 Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . 68 Division 3 Other powers of authorised person etc. 532A Power to require name and address . . . . . . . . . . . . . 69 532B Offence to contravene personal details requirement . 70 532C Power to require information or documents from particular persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 532D Keeping and inspection of particular documents . . . . 71 Division 4 Damage and compensation 532E Duty to avoid inconvenience and minimise damage. . 72 532F Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 532G Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Division 5 Offences in relation to authorised persons 532H Offence to hinder or obstruct authorised person . . . . 75 532I Impersonating an authorised person . . . . . . . . . . . . . 76 532J Giving authorised person false or misleading information 76 Division 6 Recovery of costs 532K Costs of investigation . . . . . . . . . . . . . . . . . . . . . . . . . 76 95 Amendment of s 533 (Offences involving fraud). . . . . . . . . . . . . . 77 96 Amendment of s 536 (Duty to report fraud or false or misleading information or documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 97 Amendment of s 537 (Fraud and related offences end entitlement to compensation and damages) . . . . . . . . . . . . . . . . . . . . . . . . . . 78 98 Insertion of new ch 14, pt 1, div 1 and ch 14, pt 1, div 2 hdg . . . . 78 Division 1 Information and documents about pre-existing injuries and medical conditions of prospective worker 571A Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 571B Obligation to disclose pre-existing injury or medical condition .............................. 79 571C False or misleading disclosure . . . . . . . . . . . . . . . . . . 80 571D Prospective employer entitled to obtain particular documents .......................... 80 Division 2 Other documents and information 99 Amendment of s 572 (Claimant or worker entitled to obtain certain documents). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 100 Amendment of s 573 (Permissible disclosure of information) . . . 82 101 Amendment of s 574 (Information from commissioner of police service) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 2013 Act No. 52 Page 7

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Contents 102 103 104 105 106 107 Page 8 Amendment of s 579 (Summary proceedings for offences other than against ch 8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Amendment of s 580 (Recovery of debts under this Act) . . . . . . . 84 Amendment of s 583 (Evidence) . . . . . . . . . . . . . . . . . . . . . . . . . 84 Amendment of s 586 (Approval of forms). . . . . . . . . . . . . . . . . . . 85 Insertion of new ss 586A and 586B . . . . . . . . . . . . . . . . . . . . . . . 85 586A Entering into an agreement for transfer of employees to assist administration of compensation scheme . . . 85 586B Effect of transfer of employee . . . . . . . . . . . . . . . . . . . 86 Insertion of new ch 31, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Part 2 Amendments commencing on assent Division 1 Preliminary 679 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Division 2 Existing injuries 680 Injuries sustained before commencement . . . . . . . . . 88 Division 3 Abolition of former Authority and transfer of assets etc. 681 Abolition of former Authority etc. . . . . . . . . . . . . . . . . 89 682 Employees of former Authority to be employed by department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 683 Continuation of former board until 30 June 2014 for particular purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . 91 684 State is legal successor . . . . . . . . . . . . . . . . . . . . . . . 93 685 Assets and liabilities etc. of former Authority . . . . . . . 93 686 Proceeding not yet started against former entity . . . . 93 687 Proceeding to which former entity was a party. . . . . . 94 688 Records of former entity . . . . . . . . . . . . . . . . . . . . . . . 94 689 References to former entity . . . . . . . . . . . . . . . . . . . . 95 690 Offences relating to former entity . . . . . . . . . . . . . . . . 95 691 Existing applications and requests made to former entity 96 692 Table of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 693 Cost of hospitalisation . . . . . . . . . . . . . . . . . . . . . . . . 97 694 Directions of Minister . . . . . . . . . . . . . . . . . . . . . . . . . 98 695 Monitoring and assessment of former Authority . . . . . 98 696 Other things done or started by the former entity. . . . 98 697 Other things required to be done by or in relation to the former entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 698 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . 100 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Contents 108 Part 2 109 110 111 112 113 Part 3 114 Chapter 4 Part 1 115 116 117 Part 2 118 119 120 Part 3 121 122 Schedule 1 Division 4 Other provisions 699 Insurer’s responsibility for worker’s rehabilitation . . . . 100 700 Disclosing pre-existing injury . . . . . . . . . . . . . . . . . . . 100 701 Authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . 100 702 Requirement of authorised person under previous s 519 101 703 Requirement of authorised person under previous s 520 101 704 Existing warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 705 Dealing with seized property . . . . . . . . . . . . . . . . . . . 102 706 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 102 707 Transitional regulation-making power . . . . . . . . . . . . . 103 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 103 Amendment of Workers’CompensationandRehabilitationRegulation 2003 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Omission of s 4 (Authority’s trading name—Act, s 328) . . . . . . . . 106 Amendment of s 21 (Additional amount for late payment of levy—Act, s 82) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Amendment of s 88 (Examination of claimant or worker—Act, ss 135 and 510) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Amendment of sch 13 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 107 Minor and consequential amendments 107 Legislation amended in schedule 2 . . . . . . . . . . . . . . . . . . . . . . . 107 Other amendments Amendment of CivilLiabilityAct2003 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Amendment of s 75 (Indexation of particular amounts) . . . . . . . . 108 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 108 Amendment of MotorAccidentInsuranceAct1994 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Amendment of s 100A (Indexation of particular amounts) . . . . . . 109 Amendment of PersonalInjuriesProceedingsAct2002 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Amendment of s 75A (Indexation of particular amounts) . . . . . . . 109 Minor and consequential amendments relating to chapter 2 111 Workers’CompensationandRehabilitationAct2003 . . . . . . . . . 111 Workers’CompensationandRehabilitationRegulation2003 . . . 113 2013 Act No. 52 Page 9

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Contents Schedule 2 Minor and consequential amendments relating to chapter 3 Industrial Relations Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Integrity Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Service Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Right to Information Act 2009. . . . . . . . . . . . . . . . . . . . . . . . . . . . Workers’ Compensation andRehabilitationAct2003 . . . . . . . . . Workers’CompensationandRehabilitationRegulation2003 . . . WorkHealthandSafetyAct2011 . . . . . . . . . . . . . . . . . . . . . . . . 114 114 114 114 115 115 118 120 Page 10 2013 Act No. 52

Queensland Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Act No. 52 of 2013 An Act to amend the Civil Liability Act 2003, the Motor Accident InsuranceAct 1994, the Personal Injuries Proceedings Act 2002, the Workers’Compensation and Rehabilitation Act 2003 and the Workers’ Compensationand Rehabilitation Regulation 2003 for particular purposes and to make minor or consequential amendments of legislation as stated in schedules 1 and 2 [Assented to 29 October 2013]

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 1 Preliminary [s 1] The Parliament of Queensland enacts— Chapter 1 Preliminary 1 Short title This Act may be cited as the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 . 2 Commencement Chapter 2 and schedule 1 are taken to have commenced on the day the Bill for this Act was introduced into the Legislative Assembly. Chapter 2 Amendments relating to workers’ compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 3 Act amended This part amends the Workers’CompensationandRehabilitation Act 2003 . Page 12 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 2 Amendments relating to workers’ compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 4] Note — See also the amendments in chapter 3, part 1 and schedules 1 and 2. 4 Omission of s 39 (Meaning of work related impairment) Section 39— omit . 5 Omission of ch 3, pt 3, div 4 (Workers with prescribed disfigurement) Chapter 3, part 3, division 4— omit . 6 Renumbering of ch 3, pt 3, div 5 (Workers with latent onset injuries that are terminal conditions) Chapter 3, part 3, division 5— renumber as chapter 3, part 3, division 4. 7 Amendment of s 128A (Application of div 5) Section 128A, heading, ‘div 5’— omit, insert — div 4 8 Amendment of s 130 (Injuries caused by misconduct) (1) Section 130(1)(b), (2) and (3), ‘WRI’— omit, insert— DPI (2) Section 130(3)(a) and (b), after ‘degree of’— insert— permanent 2013 Act No. 52 Page 13

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 2 Amendments relating to workers’ compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 9] 9 Insertion of new s 132A After section 132— insert — 132A Applying for assessment of DPI before applying for compensation (1) This section applies to a worker who has not made an application under section 132. (2) The worker may apply to the insurer to have the worker’s injury assessed under section 179 to decide if the worker’s injury has resulted in a DPI. (3) An application under subsection (1) must be— (a) lodged with the insurer; and (b) in the approved form; and (c) accompanied by— (i) a certificate in the approved form given by a doctor who attended the worker; and (ii) any other evidence or particulars prescribed under a regulation. (4) A registered dentist may issue the certificate mentioned in subsection (3)(c)(i) for an oral injury. (5) If the worker can not complete an application because of a physical or mental incapacity, someone else may complete it on the worker’s behalf. 10 Amendment of s 160 (Total incapacity—reference about impairment to medical assessment tribunal) (1) Section 160(1)(a) and (b), ‘WRI’— omit, insert— Page 14 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 2 Amendments relating to workers’ compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 11] DPI (2) Section 160(2) and (4), after ‘degree of’— insert— permanent (3) Section 160(3), after ‘question of’— insert— the degree of permanent 11 Amendment of ch 3, pt 10, div 2 hdg (Assessment of permanent impairment under table of injuries) Chapter 3, part 10, division 2, heading, ‘under table of injuries’— omit . 12 Amendment of s 179 (Assessment of permanent impairment) (1) Section 179(1), after ‘worker’— insert— who has made an application under section 132 (2) Section 179(3)— omit, insert— (3) The degree of permanent impairment must be assessed in accordance with the GEPI to decide the DPI for the injury, and a report complying with the GEPI must be given to the insurer. (3) Section 179— insert — (4) If the worker sustains permanent impairment from multiple injuries sustained in 1 event— 2013 Act No. 52 Page 15

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 2 Amendments relating to workers’ compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 13] (a) the degree of permanent impairment for the injuries, other than a psychiatric or psychological injury, must be assessed together to decide the DPI for the injuries; and (b) the degree of permanent impairment for the psychiatric or psychological injury must be assessed separately to decide the DPI for the injury. 13 Amendment of s 180 (Calculation of lump sum compensation) Section 180(1)— omit, insert— (1) If, as a result of an assessment under section 179, a worker is entitled to lump sum compensation, the amount of the lump sum compensation must be calculated under a regulation having regard to the DPI. 14 Replacement of s 183 (Calculation of WRI) Section 183— omit, insert — 183 Guidelines for assessing a worker’s degree of permanent impairment and deciding DPI (1) The Authority must make guidelines for assessing a worker’s degree of permanent impairment for an injury to decide the DPI for the injury. (2) The guidelines are to be called the Guidelines for Evaluation of Permanent Impairment. (3) The Authority must publish the guidelines in the gazette. Page 16 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 2 Amendments relating to workers’ compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 15] (4) The guidelines take effect— (a) when published in the gazette; or (b) if a later date is specified in the gazette—on the later date. (5) The Authority must consult with the Minister before making or amending the guidelines. 15 Amendment of s 185 (Insurer to give notice of assessment of permanent impairment) (1) Section 185(2)— omit, insert — (2) To remove any doubt, it is declared that if a worker sustains multiple injuries in an event, the insurer must give the notice only after the worker’s DPI for all injuries has been decided. (2) Section 185(3)(b)(i), ‘degree of permanent impairment attributable to’— omit, insert— DPI for (3) Section 185(3)(b)(ii)— omit . (4) Section 185(3)(b)(iii)— renumber as section 185(3)(b)(ii). (5) Section 185(3)(c) and (d), ‘WRI’— omit, insert — DPI (6) Section 185(4)— omit. 2013 Act No. 52 Page 17

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 2 Amendments relating to workers’ compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 16] 16 Amendment of s 189 (Worker’s decision about lump sum compensation—WRI less that 20% or no WRI) (1) Section 189, heading, ‘WRI’— omit, insert— DPI (2) Section 189(1)(a)(i) and (b), ‘WRI’— omit , insert— DPI 17 Amendment of s 237 (General limitation on persons entitled to seek damages) (1) Section 237(1)— omit, insert— (1) The following are the only persons entitled to seek damages for an injury sustained by a worker— (a) the worker, if the worker— (i) has received a notice of assessment from the insurer for the injury and the DPI for the assessed injury is more than 5%; or (ii) has a terminal condition; (b) a dependant of the deceased worker, if the injury results in the worker’s death. (2) Section 237(3), ‘under subsection (1)(a)(ii)’— omit . 18 Amendment of s 238 (Worker with terminal condition) (1) Section 238(2)(a) to (c)— renumber as section 238(2)(c) to (e). Page 18 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 2 Amendments relating to workers’ compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 19] (2) Section 238(2)— insert— (a) section 239; (b) part 2, division 4; (3) Section 238(3)— omit. (4) Section 238(4), ‘or (3)’— omit. (5) Section 238(4)— renumber as section 238(3). 19 Amendment of s 239 (Worker who is required to make election to seek damages) Section 239(1)— omit, insert— (1) This section applies if a worker’s notice of assessment states that the worker’s DPI is less than 20%. 20 Amendment of s 240 (Consequences, to costs, of seeking damages) (1) Section 240(1), from ‘worker’ to ‘more’— omit, insert— worker who does not have a terminal condition and the claimant’s notice of assessment states that the claimant’s DPI is 20% or more (2) Section 240(2) and (3)— omit, insert — 2013 Act No. 52 Page 19

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 2 Amendments relating to workers’ compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 21] (2) If the claimant is a worker who does not have a terminal condition and the claimant’s notice of assessment states that the claimant’s DPI is less than 20%, part 12, division 2 applies in relation to costs in the claimant’s proceeding for damages. (3) If the claimant is a worker who has a terminal condition, part 12, division 1 applies in relation to costs in the claimant’s proceeding for damages. 21 Replacement of ch 5, pt 2, divs 3–7 Chapter 5, part 2, divisions 3 to 7— omit, insert— Division 3 Urgent proceedings 241 Application of div 3 This division applies to a claimant who is a person mentioned in section 237(1). Page 20 242 Need for urgent proceedings (1) This section applies in relation to an urgent need for the claimant to start a proceeding for damages. (2) Section 276 provides a way for the claimant to satisfy section 302(2). (3) Also, the claimant may, under section 298, seek leave to start a proceeding for damages for an injury without complying with section 275. (4) However, if the leave mentioned in subsection (3) is given, a proceeding started by leave is stayed until the claimant complies with section 275. 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 2 Amendments relating to workers’ compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 22] 22 Replacement of ch 5, pt 2, div 8 hdg (Review of worker’s decision to accept payment of lump sum compensation for injury—WRI less than 20% or no WRI) Chapter 5, part 2, division 8, heading— omit, insert— Division 4 Review of worker’s decision to accept payment of lump sum compensation for injury—DPI of less than 20% 23 Amendment of s 265 (Application of div 8) (1) Section 265, heading ‘div 8’— omit, insert— div 4 (2) Section 265(b)— omit, insert— (b) the worker has been assessed under chapter 3, part 10 as having sustained a DPI of less than 20%. 24 Amendment of s 266 (Decision not to seek damages reviewable in certain circumstances) (1) Section 266(1)(b), from ‘of limitation’ to ‘ 1974’ — omit, insert— mentioned in section 302(1) (2) Section 266(2)(a), ‘degree of permanent impairment was assessed’— omit, insert— 2013 Act No. 52 Page 21

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 2 Amendments relating to workers’ compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 25] DPI was decided (3) Section 266(2)(c)(i), ‘permanent impairment was previously assessed’— omit, insert— DPI was previously decided (4) Section 266(2)(c)(ii), ‘would have entitled the worker to an additional WRI’— omit, insert— has resulted in an additional DPI (5) Section 266(7)(a), ‘is an additional WRI of 10% or more’— omit, insert— has resulted in an additional DPI of 10% or more (6) Section 266(7)(d)— omit, insert— (d) the additional DPI, when added to the worker’s previous DPI, results in a DPI of the worker of 20% or more. 25 Amendment of s 275 (Notice of claim for damages) (1) Section 275(1), from ‘of limitation’ to ‘ 1974’ — omit, insert— mentioned in section 302(1) (2) Section 275(8)— insert— (d) for a claimant other than a worker with a terminal condition or a dependant—the notice of assessment for the injury sustained by the worker. Page 22 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 2 Amendments relating to workers’ compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 26] 26 Amendment of s 296 (Claimant to have given complying notice of claim or insurer to have waived compliance) Section 296(a), ‘terminal condition’— omit, insert — claimant with a terminal condition or to whom section 302(1)(b) or (c) applies 27 Replacement of s 299 (Other provision for urgent proceedings) Section 299— omit, insert — 299 Other provision for urgent proceedings Part 2, division 3 provides for the urgent starting of proceedings by persons mentioned in section 237(1), and for the staying of those proceedings. 28 Amendment of s 302 (Alteration of period of limitation) (1) Section 302(1) and (2)— renumber as section 302(2) and (3). (2) Section 302— insert— (1) A claimant may bring a proceeding for damages for a personal injury— (a) generally—within the period of limitation allowed for bringing a proceeding for damages for personal injury under the Limitations of Actions Act 1974 ; or (b) if the insurer gave the worker the notice of assessment for the injury less than 6 months before the end of the period mentioned in paragraph (a)— 2013 Act No. 52 Page 23

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 2 Amendments relating to workers’ compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 28] (i) within 6 months after the insurer gives the notice of assessment; 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—within 6 months after a tribunal decides the DPI; or (c) if at least 6 months before the end of the period mentioned in paragraph (a), the worker asks the insurer to have the worker’s injury assessed to decide if the injury has resulted in a DPI and the insurer has not given a notice of assessment for the injury before the end of that period— (i) within 6 months after the insurer gives the notice of assessment; 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—within 6 months after a tribunal decides the DPI. (3) Section 302(2), as renumbered, from ‘of limitation allowed’ to ‘ 1974 ’— omit, insert— mentioned in subsection (1) (4) Section 302(2)(a), as renumbered, ‘the period of limitation’— omit, insert— that period Page 24 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 2 Amendments relating to workers’ compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 29] 29 Amendment of ch 5, pt 12, div 1 hdg (Costs applying to worker with WRI of 20% or more, worker with latent onset injury that is a terminal condition, or dependant) Chapter 5, part 12, division 1, heading, ‘WRI of 20% or more, worker with latent onset injury that is a’— omit, insert— DPI of 20% or more, worker with 30 Amendment of s 310 (Application of div 1) Section 310(a) and (b)— omit, insert— (a) a worker who does not have a terminal condition, if the worker’s DPI is 20% or more; or (b) a worker who has a terminal condition; or 31 Replacement of ch 5, pt 12, div 2 hdg and s 315 Chapter 5, part 12, division 2, heading and section 315— omit, insert— Division 2 Costs applying to worker who does not have a terminal condition and has DPI of less than 20% 315 Application of div 2 This division applies if the claimant is a worker who does not have a terminal condition and has a DPI of less than 20%. 2013 Act No. 52 Page 25

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 2 Amendments relating to workers’ compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 32] 32 Amendment of s 500 (Reference to tribunals) (1) Section 500(1)(c) and (h)— omit. (2) Section 500(1)(d) after ‘worker’s’— insert— permanent 33 Amendment of s 501 (Reference about application for compensation) (1) Section 501(2)(c) and (5)(b), from ‘under’— omit, insert— resulting in permanent impairment and the insurer asks—the DPI for the injury. (2) Section 501(3)(b)— omit, insert— (b) the DPI for the injury. (3) Section 501(6)— omit. 34 Amendment of s 502 (Reference about worker’s capacity for work) (1) Section 502(3)(c), from ‘under’— omit, insert— resulting in permanent impairment and the insurer asks—the DPI for the injury. (2) Section 502(4)— omit. Page 26 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 2 Amendments relating to workers’ compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 35] 35 Omission of s 503 (Reference about worker’s injury) Section 503— omit. 36 Amendment of s 504 (Reference about worker’s impairment) (1) Section 504, heading, after ‘worker’s’— insert— permanent (2) Section 504(2)(b)— omit, insert— (b) the DPI for the injury. (3) Section 504(3)— omit. 37 Amendment of s 505 (Reference about worker’s permanent impairment) (1) Section 505(2)(b)(ii)— omit, insert— (ii) the DPI for the injury. (2) Section 505(3)— omit. 38 Amendment of s 507 (Reference about review of worker’s permanent impairment) (1) Section 507(2)— insert — (c) the additional DPI for the injury. 2013 Act No. 52 Page 27

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 2 Amendments relating to workers’ compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 39] (2) Section 507(3)— omit. 39 Omission of s 508 (Assessment of additional compensation for prescribed disfigurement) Section 508— omit. 40 Insertion of new ch 31 After chapter 30— insert— Chapter 31 Transitional provisions for the Workers’Compensation andRehabilitation andOther LegislationAmendment Act2013 Part 1 Amendments commencing on introduction of Bill 678 Injuries sustained before commencement (1) This section applies if a worker sustained an injury before the commencement. Page 28 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 2 Amendments relating to workers’ compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 41] (2) The pre-amended Act continues to apply in relation to the injury as if the amendment Act had not been enacted. (3) Without limiting subsection (2)— (a) the amount of compensation payable in relation to the injury must be worked out under the pre-amended Act; and (b) chapter 5 of the pre-amended Act applies in relation to damages for the injury. (4) In this section— amendment Act means the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 . commencement means the commencement of this section. pre-amended Act means this Act as in force before the commencement. 41 Amendment of sch 6 (Dictionary) (1) Schedule 6, definitions prescribed disfigurement , table of injuries , work related impairment and WRI— omit . (2) Schedule 6— insert — DPI , for an injury of a worker, means an estimate, expressed as a percentage, of the degree of the worker’s permanent impairment assessed and decided in accordance with the GEPI. GEPI means the Guidelines for the Evaluation of Permanent Impairment made under section 183. 2013 Act No. 52 Page 29

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 2 Amendments relating to workers’ compensation and rehabilitation commencing on introduction Part 2 Amendment of Workers’ Compensation and Rehabilitation Regulation 2003 [s 42] (3) Schedule 6, definition notice of assessment , ‘WorkCover’— omit, insert— an insurer Part 2 Amendment of Workers’ Compensation and Rehabilitation Regulation 2003 42 Regulation amended This part amends the Workers’CompensationandRehabilitationRegulation 2003 . Note — See also the amendments in chapter 3, part 2 and schedules 1 and 2. 43 Insertion of new s 85A After section 85— insert — 85A Application for compensation for assessment of DPI—Act, s 132A For section 132A(3)(c)(ii) of the Act, a worker must give the insurer, to the extent the insurer reasonably requires— (a) proof of injury and its cause; and (b) proof of the nature, extent and duration of incapacity resulting from the injury. Page 30 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 2 Amendments relating to workers’ compensation and rehabilitation commencing on introduction Part 2 Amendment of Workers’ Compensation and Rehabilitation Regulation 2003 [s 44] 44 Amendment of s 86 (Certificate given by dentist, doctor or nurse practitioner) Section 86(1), after ‘132(3)(a)’— insert — or 132A(3)(c)(i) 45 Replacement of ss 92 – 95 Sections 92 to 95— omit , insert— 92 Calculating lump sum compensation—Act, s 180 The amount of lump sum compensation for a worker’s DPI is calculated by multiplying the maximum statutory compensation by the worker’s DPI. Example— A worker’s DPI is assessed as 10%. The maximum statutory compensation is $296,165. The lump sum compensation is $29,616.50. 46 Omission of s 99A (Criteria for rehabilitation and return to work coordinator—Act, s 41(a)) Section 99A— omit. 47 Amendment of s 99C (Employer’s obligation to appoint rehabilitation and return to work coordinator—Act, s 226(1)) Section 99C(1) to (5)— omit, insert— (1) An employer meets the criteria for being required to appoint a rehabilitation and return to work coordinator if— 2013 Act No. 52 Page 31

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 2 Amendments relating to workers’ compensation and rehabilitation commencing on introduction Part 2 Amendment of Workers’ Compensation and Rehabilitation Regulation 2003 [s 48] (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 2600 times QOTE; or (b) otherwise—the wages of the employer in Queensland for the preceding financial year were more than 5200 times QOTE. (2) 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. 48 Omission of pt 6, div 2 (Workplace rehabilitation policy and procedures) Part 6, division 2— omit . 49 Renumbering of pt 6, div 1A (Rehabilitation and return to work coordinators) Part 6, division 1A— renumber as part 6, division 2. 50 Amendment of s 114 (Who this division applies to) (1) Section 114(a), ‘WRI’— omit, insert— DPI (2) Section 114(b)— omit, insert— Page 32 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 2 Amendments relating to workers’ compensation and rehabilitation commencing on introduction Part 2 Amendment of Workers’ Compensation and Rehabilitation Regulation 2003 [s 51] (b) a worker who has a terminal condition; or (c) a dependant. 51 Omission of sch 2 (Table of injuries) Schedule 2— omit . 52 Amendment of sch 3 (Graduated scale of additional compensation for certain workers) (1) Schedule 3, section 1(1), ‘WRI’— omit , insert — DPI (2) Schedule 3, section 2(1) and (2)— omit, insert — A worker who sustains a DPI shown in column 1 is entitled to additional lump sum compensation in the amount shown for the corresponding entry in column 2. (3) Schedule 3, section 2, table, column 1, heading, ‘WRI’— omit, insert— DPI 53 Amendment of sch 4 (Graduated scale for additional compensation for gratuitous care) (1) Schedule 4, section 2(1), from ‘WRI’ to ‘Act’— omit, insert— DPI 2013 Act No. 52 Page 33

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 2 Amendments relating to workers’ compensation and rehabilitation commencing on introduction Part 2 Amendment of Workers’ Compensation and Rehabilitation Regulation 2003 [s 54] (2) Schedule 4, section 2, table, column 1, heading ‘WRI’— omit, insert— DPI 54 Amendment of sch 8 (Matters to which court is to have regard in the application of schedule 9) (1) Schedule 8, section 10— omit, insert— 10 DPI The extent of DPI is an important consideration, but not the only consideration affecting the assessment of an ISV. (2) Schedule 8, section 11, heading, ‘whole person impairment percentage’— omit, insert— DPI (3) Schedule 8, section 11, ‘whole person impairment percentage, it must state how the percentage is calculated’— omit, insert— DPI, it must state how the DPI is decided (4) Schedule 8, section 11(c), ‘percentage’— omit, insert— DPI (5) Schedule 8, section 12(2)— omit, insert— (2) In assessing an ISV, a court must give greater weight to a medical assessment of a DPI based on the criteria for the assessment of DPI provided under AMA 5 than to a medical assessment of a DPI not based on the criteria. Page 34 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 55] 55 Amendment of sch 13 (Dictionary) Schedule 13, definitions structural loss and whole person impairment — omit. Part 3 Minor and consequential amendments 56 Legislation amended in sch 1 Schedule 1 amends the legislation mentioned in it. Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 57 Act amended This part amends the Workers’CompensationandRehabilitation Act 2003 . Note — See also the amendments in chapter 2, part 1 and schedules 1 and 2. 2013 Act No. 52 Page 35

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 58] 58 Replacement of s 6 (Administration) Section 6— omit , insert— 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. 59 Amendment of s 32 (Meaning of injury ) (1) Section 32(1)— omit , insert — (1) An injury is personal injury arising out of, or in the course of, employment if— (a) for an injury other than a psychiatric or psychological disorder—the employment is a significant contributing factor to the injury; or (b) for a psychiatric or psychological disorder—the employment is the major significant contributing factor to the injury. (2) Section 32(2), ‘significant’— omit. (3) Section 32(3)(b)— omit , insert — (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— Page 36 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 60] (i) a personal injury other than a psychiatric or psychological disorder; (ii) a disease; (iii) a medical condition other than a psychiatric or psychological disorder, if the condition becomes a personal injury or disease because of the aggravation; (ba) an aggravation of a psychiatric or psychological disorder, if the aggravation arises out of, or in the course of, employment and the employment is the major significant contributing factor to the aggravation; (4) Section 32(4), after ‘(3)(b)’— insert — and (ba) 60 Amendment of s 34 (Injury while at or after worker attends place of employment) Section 34(2), ‘significant’— omit . 61 Amendment of s 35 (Other circumstances) Section 35(2), ‘significant’— omit . 62 Amendment of s 41 (Meaning of rehabilitation and return to work coordinator ) Section 41(a)— omit , insert— 2013 Act No. 52 Page 37

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 63] (a) is appropriately qualified to perform the functions of a rehabilitation and return to work coordinator under this Act; and 63 Amendment of s 54 (Setting of premium) Section 54(4), ‘and the Authority’— omit . 64 Amendment of s 81 (Annual levy payable) (1) Section 81(2)— omit . (2) Section 81(4) to (8), ‘Authority’— omit, insert— Regulator (3) Section 81(10), ‘Authority’s’— omit , insert — Regulator’s (4) Section 81(3) to (10)— renumber as section 81(2) to (9). 65 Amendment of s 101 (Recovery of ongoing costs from former self-insurer) (1) Section 101(4) and (5), ‘Authority’— omit, insert— Regulator (2) Section 101(6)— omit. Page 38 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 66] (3) Section 101(7)— renumber as section 101(6). 66 Amendment of s 105H (Recovery of ongoing costs from non-scheme employer) (1) Section 105H(4) and (5), ‘Authority’— omit, insert— Regulator (2) Section 105H(6)— omit. (3) Section 105H(7)— renumber as section 105H(6). 67 Replacement of s 107 (Meaning of QOTE ) Section 107— omit, insert — 107 Meaning of QOTE QOTE , for a financial year, means 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. 68 Amendment of s 108 (Compensation entitlement) Section 108(2), after ‘32(3)(b)’— insert — or (ba) 2013 Act No. 52 Page 39

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 68A] 68A Replacement of s 186 (Worker’s disagreement with assessment of permanent impairment) Section 186— omit, insert — 186 Worker’s disagreement with assessment of permanent impairment (1) This section applies if— (a) the worker’s degree of permanent impairment has not been assessed by a medical assessment tribunal; and (b) the worker does not agree with the degree of permanent impairment stated in the notice of assessment (the original notice ). (2) The worker must advise the insurer within 20 business days after the original notice is given (the decision period ) that the worker— (a) does not agree with the degree of permanent impairment; and (b) requests— (i) that the insurer has the worker’s injury assessed again under section 179 by an entity mentioned in section 179(2) and agreed to by the worker and the insurer, (other than the entity that gave the report to the insurer under section 179(3)); or (ii) that the insurer refer the question of degree of permanent impairment to a tribunal for decision. (3) If the worker makes a request mentioned in subsection (2)(b)(i), the insurer must decide, within 10 business days after receiving the request, whether to have the worker’s injury assessed again under section 179 to decide if the Page 40 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 69] worker’s injury has resulted in a degree of permanent impairment. (4) If, under subsection (3), the insurer decides to have the worker’s injury assessed again under section 179, the original notice is taken to have never been given. (5) If the insurer has the worker’s injury assessed again under section 179, the worker can not make a further request mentioned in subsection (2)(b)(i). (6) If— (a) under subsection (3), the insurer decides not to have the worker’s injury assessed again under section 179; or (b) the worker makes a request mentioned in subsection (2)(b)(ii); the insurer must refer the question of degree of permanent impairment to a medical assessment for decision. (7) The degree of permanent impairment may then be decided only by a medical assessment tribunal. 69 Amendment of s 210 (Insurer’s liability for medical treatment, hospitalisation and expenses) (1) Section 210(2), ‘the Authority’— omit, insert — WorkCover (2) Section 210— insert — (3) Before imposing a condition under subsection (2) WorkCover must consult with self-insurers. 2013 Act No. 52 Page 41

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 70] 70 Amendment of s 217 (Cost of hospitalisation at private hospital) (1) Section 217(3)(a), ‘the Authority’— omit, insert — WorkCover (2) Section 217— insert — (4) In fixing a cost of hospitalisation to be published under subsection (3)(a), WorkCover must consult with self-insurers. 71 Amendment of s 218A (Cost of hospitalisation) (1) Section 218A(3), ‘the Authority’— omit, insert — WorkCover (2) Section 218A— insert — (4) In fixing a cost of hospitalisation to be published under subsection (3), WorkCover must consult with self-insurers. 72 Replacement of s 220 (Insurer’s responsibility for worker’s rehabilitation) Section 220— omit , insert — 220 Insurer’s responsibility for worker’s rehabilitation (1) An insurer must take the steps it considers practicable to secure the rehabilitation and early return to suitable duties of workers who have an entitlement to compensation. Page 42 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 73] (2) Without limiting subsection (1), an insurer must refer a worker who has lodged a notice of claim to an accredited return to work program of the insurer, unless the insurer is satisfied that, as a result of the injury, the worker will not be able to participate in the program. (3) An insurer must take the steps it considers practicable to coordinate the development and maintenance of a rehabilitation and return to work plan in consultation with the injured worker, the worker’s employer and treating registered persons. (4) In this section— accredited return to work program, of an insurer, means a return to work program managed by the insurer that is accredited by the Regulator. Examples of return to work programs — vocational assessments, reskilling or retraining, job placement, host employment 73 Omission of s 221 (Authority’s responsibility for rehabilitation) Section 221— omit . 74 Amendment of s 222 (Liability for rehabilitation fees and costs) (1) Section 222(3), ‘the Authority’— omit , insert — WorkCover (2) Section 222— insert — 2013 Act No. 52 Page 43

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 75] (5) Before imposing a condition under subsection (3) WorkCover must consult with self-insurers. 75 Amendment of s 227 (Employer’s obligation to have workplace rehabilitation policy and procedures) (1) Section 227(1), from ‘meets’ to ‘regulation’— omit , insert — must appoint a rehabilitation and return to work coordinator under section 226(1) (2) Section 227(3)(b), ‘Authority’— omit , insert— Regulator (3) Section 227(4), from ‘and must’ to ‘regulation’— omit . 76 Amendment of s 231 (Worker must mitigate loss) Section 231(3), ‘or the Authority’— omit . 77 Amendment of s 267 (Mitigation of loss) Section 267(3), ‘or the Authority’— omit . 78 Amendment of s 278 (Response to notice of claim) Section 278(3), ‘(2)(c)’— omit , insert— (2)(d) Page 44 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 79] 79 Replacement of s 306F (Worker performed services before injury) Section 306F— omit , insert — 306F Worker performed services before injury (1) This section applies if— (a) before the worker sustained the injury, the worker usually performed particular services; and (b) after the worker sustained the injury, the worker is provided with services of substantially the same type (the provided services ); and (c) all or part of the provided services are gratuitous services. (2) A court can not award damages for the cost or value of— (a) the part of the services that are gratuitous services; or (b) services of substantially the same type as the gratuitous services that are to be provided to the worker in the future as either gratuitous services or paid services. (3) However, this section does not apply if the court is satisfied that the services mentioned in subsection (2)(a)— (a) were usually provided to the worker as paid services; and (b) were provided as gratuitous services only in exceptional circumstances. 2013 Act No. 52 Page 45

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 80] Example of exceptional circumstances for paragraph (b) — During a 2-year period, paid services were provided to the worker on a weekly basis. However, the provider of the services was on holidays, or otherwise unable to provide the services, on 2 occasions. On those 2 occasions the services were provided as gratuitous services. 80 Replacement of s 306H (Services not required by or provided to worker before injury) Section 306H— omit, insert — 306H Services not required by or provided to worker before injury (1) This section applies if— (a) before the worker sustained the injury, the worker usually did not require or was not usually provided with particular services; and (b) after the worker sustains the injury, the worker is provided with services (the provided services ); and (c) all or part of the provided services are gratuitous services. (2) A court can not award damages for the cost or value of— (a) the part of the provided services that are gratuitous services; or (b) services of substantially the same type as the gratuitous services that are to be provided to the worker in the future as either gratuitous services or paid services. (3) However, this section does not apply if the court is satisfied that the services mentioned in Page 46 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 81] subsection (2)(a) were provided as gratuitous services only in exceptional circumstances. Example of exceptional circumstances for subsection (3) — During a 2-year period after the worker sustains the injury, the provided services were provided on a weekly basis. However, the provider of the services was on holidays, or otherwise unable to provide the services, on 2 occasions. On those 2 occasions the services were provided as gratuitous services. 81 Amendment of s 306V (Indexation of particular amounts) Section 306V(2) and (3), ‘4 quarters’— omit , insert — 12 months 82 Replacement of ch 7 (The Authority) Chapter 7— omit, insert — Chapter 7 The Workers’ Compensation Regulator Part 1 Office and appointment 326 Establishment of office and appointment of Regulator (1) The office of the Workers’ Compensation Regulator is established. (2) The Governor in Council may appoint a public service officer as the Workers’ Compensation Regulator (the Regulator ). 2013 Act No. 52 Page 47

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 82] (3) The Regulator is appointed under the PublicService Act 2008 and may hold that appointment in conjunction with his or her other public service office. (4) The Regulator must act independently when making a decision under this Act but otherwise is subject to direction in the person’s capacity as a public service officer or an officer of the department. Part 2 Functions and powers 327 Functions of the Regulator The Regulator has the following functions— (a) to regulate the workers’ compensation scheme; (b) to monitor the compliance of insurers with this Act; (c) to monitor the performance of insurers under this Act, including the consistent application of this Act; (d) to decide applications relating to self-insurance; (e) to approve amounts payable under an industrial instrument for the purposes of section 107B; (f) to undertake reviews of decisions under chapter 13, part 2 and manage appeals under chapter 13, part 3; Page 48 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 82] (g) to support and oversee the efficient administration of medical assessment tribunals; (h) to undertake workplace rehabilitation and return to work accreditation activities; (i) to provide rehabilitation advisory services; (j) to maintain a database for scheme-wide reporting; (k) to promote education about the workers’ compensation scheme; (l) to collect fees under the Act; (m) to administer grants under the Act; (n) to perform other functions given to the Regulator under this or another Act. 328 Powers of the Regulator (1) Subject to this Act, the Regulator has the power to do all things necessary or convenient to be done for or in connection with the performance of the Regulator’s functions. (2) Without limiting subsection (1), the Regulator has all the powers and functions that an authorised person has under this Act. 329 Delegation by the Regulator The Regulator may delegate a function or power under this Act to an appropriately qualified— (a) public service employee; or (b) authorised person; or (c) person, or a person of a class, prescribed under a regulation. 2013 Act No. 52 Page 49

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 82] Part 3 Authorised persons Division 1 Appointment of authorised persons 330 Appointment of authorised persons (1) The Regulator may, by instrument, appoint any of the following as an authorised person for the Regulator— (a) a public service employee; (b) the holder of a statutory office; (c) a person of a class prescribed under a regulation. (2) The following are taken to be authorised persons appointed by the Regulator— (a) a person appointed as an inspector under the IndustrialRelationsAct1999 , but only for the purposes of chapter 4, part 6, while that person holds the appointment; (b) a person appointed as an inspector under the Work Health and Safety Act 2011, while that person holds the appointment. Page 50 331 Accountability of authorised persons (1) An authorised person must give written notice to the Regulator of all interests, pecuniary or otherwise, that the authorised person has, or acquires, and that conflict or could conflict with the proper performance of the authorised person’s functions. (2) The Regulator must give a direction to an authorised person not to deal, or to no longer 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 82] deal, with a matter if the Regulator becomes aware that the authorised person has a potential conflict of interest in relation to a matter and the Regulator considers that the authorised person should not deal, or should no longer deal, with the matter. Note — Failure to comply with subsection (1) or a direction under subsection (2) may result in action by the Regulator under section 332 or disciplinary action under the Public Service Act 2008 . 332 Suspension and ending of appointment of authorised persons (1) The Regulator may suspend or end the appointment of a person appointed under section 330(1). (2) A person’s appointment as an authorised person ends when the person ceases to be eligible for appointment as an authorised person. Division 2 Identity cards 333 Identity cards (1) The Regulator must issue an identity card to each authorised person. (2) The card must— (a) contain a recent photo of the authorised person; and (b) contain a copy of the authorised person’s signature; and (c) identify the person as an authorised person under this Act; and 2013 Act No. 52 Page 51

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 82] (d) state an expiry date for the card. (3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes. 334 Production or display of identity card (1) In exercising a power under this Act in relation to a person in the person’s presence, an authorised person must— (a) produce the authorised person’s identity card for the person’s inspection before exercising the power; or (b) have the identity card displayed so it is clearly visible to the person when exercising the power. (2) However, if it is not practicable to comply with subsection (1), the authorised person must produce the identity card for the person’s inspection at the first reasonable opportunity. 335 Return of identity card If a person to whom an identity card has been issued ceases to be an authorised person, the person must return the identity card to the Regulator as soon as practicable. Maximum penalty—40 penalty units. Page 52 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 82] Division 3 Functions of authorised persons etc. 336 Functions of authorised persons An authorised person has the following functions under this Act— (a) to provide to the Regulator information and advice about compliance with this Act; (b) to require compliance with this Act through the issuing of notices; (c) to investigate contraventions of this Act and assist in the prosecution of offences against this Act. 337 Conditions on authorised persons’ compliance powers An authorised person’s powers under this Act are subject to any conditions stated in the instrument of the authorised person’s appointment. 338 Authorised persons subject to Regulator’s directions (1) An authorised person is subject to the Regulator’s direction in the exercise of powers under this Act. (2) A direction under subsection (1) may be of a general nature or may relate to a stated matter or stated class of matter. (3) Without limiting subsection (1), the Regulator must issue directions to authorised persons to ensure powers are exercised under this Act in a way that minimises any adverse effect on the privacy, confidentiality and security of persons and businesses. 2013 Act No. 52 Page 53

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 83] 339 Protection from liability (1) An authorised person does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to an authorised person, the liability attaches instead to the State. 83 Amendment of s 409 (Meaning of community service obligations) Section 409(2)(g), ‘476’— omit, insert— 481 84 Amendment of s 424 (Establishment of board) Section 424(2), ‘7’— omit, insert— 9 85 Amendment of s 427 (Role of board) (1) Section 427(d), ‘and the Authority’— omit . (2) Section 427(e), ‘Authority’— omit, insert— Regulator 86 Omission of ch 9, pt 1 (The Minister and the Authority) Chapter 9, part 1— omit . Page 54 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 87] 87 Renumbering of ch 9, pts 2 and 3 Chapter 9, parts 2 and 3— renumber as chapter 9, parts 1 and 2. 88 Insertion of new s 481A After section 481— insert — 481A Amounts payable by WorkCover on Minister’s instruction (1) WorkCover must make payments to organisations or bodies that the Minister considers will help in— (a) the treatment or alleviation of injury sustained by workers; or (b) the prevention or recognition of injury to workers; or (c) making employers and workers aware of their rights, and procedures they need to follow, under the Act; or (d) scheme-wide rehabilitation and return to work programs for workers. (2) A payment must be approved by the Governor in Council by gazette notice before it is made. (3) The Minister must cause a copy of the approval to be tabled in the Legislative Assembly within 14 sitting days after it is given. 89 Amendment of s 483 (Notice of suspected threat to full funding because of direction or notification) Section 483— insert — 2013 Act No. 52 Page 55

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 90] (8) This section does not apply to a direction or notification given for the purposes of section 481A. 90 Amendment of s 486A (Code of practice) (1) Section 486A(3), (4) and (7), ‘Authority’— omit, insert— Regulator (2) Section 486A(7), ‘each of the Authority’s offices’— omit, insert— the Regulator’s office 91 Amendment of s 488 (Membership of committee) (1) Section 488(2), ‘must’— omit, insert— may (2) Section 488(2)(e)— omit, insert— (e) the Regulator; 92 Amendment of s 495 (Conditions of appointment to tribunal) Section 495(3)(d), ‘the Authority or’— omit . 93 Amendment of s 517 (Protection from liability) Section 517(2), ‘Authority’— omit, insert— Page 56 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 94] State 94 Replacement of ch 12, pt 1 (Authorised officers and enforcement) Chapter 12, part 1— omit , insert— Part 1 Authorised persons and enforcement Division 1 Power to enter Subdivision 1 General powers of entry 518 Powers of entry (1) For performing functions under this Act, an authorised person may at any time enter a place that is, or that the authorised person reasonably suspects is, a workplace. (2) An entry may be made under subsection (1) with, or without, the consent of the person with management or control of the workplace. (3) If an authorised person enters a place under subsection (1) and it is not a workplace, the authorised person must leave the place immediately. (4) An authorised person may enter any place if the entry is authorised by a search warrant. 2013 Act No. 52 Page 57

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 94] 519 Notification of entry (1) An authorised person may enter a place under section 518 without prior notice to any person. (2) An authorised person must, as soon as practicable after entry to a workplace or suspected workplace, take all reasonable steps to notify the following persons of the entry and the purpose of the entry— (a) the person conducting a relevant business or undertaking at the workplace; (b) the person with management or control of the workplace. (3) However, an authorised person is not required to notify any person if to do so would defeat the purpose for which the place was entered or cause unreasonable delay. (4) In this section— relevant business or undertaking means a business or undertaking in relation to which the authorised person is exercising the power of entry. Page 58 520 Persons assisting authorised persons (1) A person (the assistant ), including an interpreter, may accompany an authorised person entering a place under section 518 to assist the authorised person if the authorised person considers the assistance is necessary. (2) The assistant— (a) may do the things at the place, and in the way, that the authorised person reasonably requires to assist the authorised person to exercise the authorised person’s powers under this part; but 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 94] (b) must not do anything that the authorised person does not have power to do, except as permitted under a search warrant. (3) Anything done lawfully by the assistant is taken for all purposes to have been done by the authorised person. Subdivision 2 Search warrants 521 Search warrants (1) An authorised person may apply to a magistrate for a search warrant for a place. (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example — The magistrate may require additional information supporting the application to be given by statutory declaration. (4) The magistrate may issue a search warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and (b) the evidence is, or may be within the next 72 hours, at the place. (5) The search warrant must state— 2013 Act No. 52 Page 59

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 107] Page 90 (a) the person ceases to be an employee of the former Authority; and (b) is employed by the department under the department’s relevant industrial instrument. (3) Also, the following applies for the person— (a) the person retains and is entitled to all rights, benefits and entitlements that have accrued to the person because of the person’s previous employment as an employee of the former Authority; (b) the person’s accruing rights, including to superannuation or recreation, sick, long service or other leave, are not affected; (c) continuity of service is not interrupted, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; (d) the employment does not constitute a termination of employment or a retrenchment or redundancy; (e) the person is not entitled to a payment or other benefit because he or she is no longer employed by the former Authority. (4) If a person employed under subsection (2) was employed by the former Authority under a contract, the person is taken to be employed by the department under the contract under which the person was employed before the commencement. (5) Subsection (6) applies if a person mentioned in subsection (2) was entitled to total remuneration for the employment with the former Authority that is higher than the total remuneration payable under the relevant industrial instrument for a 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 107] person starting in the position with the department to which the person has been transferred. (6) The person’s total remuneration must not be increased until the person’s total remuneration aligns with the total remuneration payable under the relevant industrial instrument to a person who has held the position for the same amount of time. (7) Subject to this section, the chief executive may issue a direction to a person to facilitate the transition of employees from the former Authority to the department. (8) A person given a direction must comply with the direction. (9) This section has effect despite any other law or instrument. (10) In this section— employee , of the former Authority, does not include the chief executive officer appointed under the section 355 of the pre-amended Act. 683 Continuation of former board until 30 June 2014 for particular purposes (1) The former board continues in existence until 30 June 2014 for— (a) performing a function, or exercising a power delegated to the former board by the Regulator; and (b) approving amounts under section 107E on behalf of the Regulator; and (c) preparing a report under section 332, 333 or 334 of the pre-amended Act for operations 2013 Act No. 52 Page 91

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 107] Page 92 of the former Authority before commencement; and (d) the following— (i) keeping the Minister reasonably informed of the operation of the workers’ compensation scheme; (ii) preparing and providing to the Minister reports and information that the Minister requires about the operation of the workers’ compensation scheme; (iii) assisting the Regulator perform the functions stated in section 327 in a proper, effective and efficient way; (iv) monitoring the performance and outcomes of medical assessment tribunals; (v) keeping the Minister informed, on its own initiative or if the Minister asks, about the board’s responsibilities and functions under this section. (2) For subsection (1)(b), the board is taken to have been delegated the power mentioned in that section by the Regulator. (3) Anything done by the former board under a delegation mentioned in subsection (1)(a) or (2) is taken to have been done by the Regulator. (4) The following provisions of the pre-amended Act apply in relation to the board performing a function, or exercising a power, mentioned in subsection (1) as if the amendment Act had not been enacted— (a) chapter 7, part 4, divisions 2 and 3; (b) any other provision of the pre-amended Act relevant to the board performing functions. 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 107] (5) A provision mentioned in subsection (4) applies— (a) as if any reference in the provision to the Authority’s chief executive officer were a reference to the Regulator; and (b) with any other necessary changes. 684 State is legal successor (1) The State is the successor in law of the Authority. (2) Subsection (1) is not limited by another provision of this division. 685 Assets and liabilities etc. of former Authority At the commencement— (a) the assets and liabilities of the former Authority immediately before the commencement become assets and liabilities of the State; and (b) any agreements, undertakings or other arrangements to which the former Authority is a party, in force immediately before the commencement— (i) are taken to have been entered into by State; and (ii) may be enforced against or by State. 686 Proceeding not yet started against former entity (1) This section applies if, immediately before the commencement, a proceeding could have been started by or against a former entity within a particular period (the prescribed period ). 2013 Act No. 52 Page 93

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 107] (2) The proceeding may be started, within the prescribed period, by or against— (a) for an appeal against a review decision of the former Authority—the Regulator; or (b) otherwise—the State. 687 Proceeding to which former entity was a party (1) This section applies to a proceeding that, immediately before the commencement, had not ended and to which a former entity was a party. (2) At the commencement, the following entity becomes a party to the proceeding in place of the former entity— (a) for an appeal against a review decision of the former entity—the Regulator; (b) otherwise—the State. 688 Records of former entity The records of a former entity are, from the commencement, records of— (a) if the record relates to a function of a former entity under this Act that, from the commencement, is a function of the Regulator—the Regulator; or (b) if the record relates to a function of a former entity under this Act that, from the commencement, is a function of WorkCover—WorkCover; or (c) otherwise—the State. Page 94 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 107] 689 References to former entity In an instrument, a reference to a former entity is taken, if the context permits, to be a reference to— (a) if the reference relates to a function of the former entity under this Act that, from the commencement, is a function of the Regulator—the Regulator; or (b) if the reference relates to a function of the former entity under this Act that, from the commencement, is a function of WorkCover—WorkCover; or (c) otherwise—the State. 690 Offences relating to former entity (1) This section applies if— (a) under a provision of the pre-amended Act, a person who did or omitted to do an act in relation to a former entity or something done or required to be done by a former entity, committed an offence; and (b) the provision is— (i) amended by the amendment Act so that it no longer applies in relation to the former entity, or something done or required to be done by the former entity; or (ii) is repealed by the amendment Act. (2) A proceeding for the offence may be continued or started, and the provisions of the pre-amended Act that are necessary or convenient to be used in relation to the proceeding continue to apply, as if the amendment Act had not been enacted. 2013 Act No. 52 Page 95

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 107] (3) For subsection (2), the ActsInterpretationAct1954 , section 20 applies, but does not limit the subsection. (4) Subsection (2) applies despite the Criminal Code, section 11. 691 Existing applications and requests made to former entity (1) This section applies to an application or request to a former entity under this Act made, but not decided, before the commencement. (2) The application or request is taken to have been made to the Regulator and must be dealt with by the Regulator under this Act, including as provided for in this chapter. (3) For the purpose of working out any time period relevant to dealing with the application or request— (a) the application or request is taken to have been made to the Regulator when it was made to the former entity; and (b) anything done by a former entity in relation to the application is taken to have been done by the Regulator when the former entity did the thing. (4) Anything done by or in relation to the former entity in relation to the application or request is taken to have been done by or in relation to the Regulator. (5) If, because of the operation of section 680, the pre-amended Act applies in relation to an application or request, the pre-amended Act applies— Page 96 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 107] (a) as if a reference to a former entity was a reference to the Regulator; and (b) with any other necessary changes. 692 Table of costs The table of costs decided by the Authority under the pre-amended Act and in effect immediately before the commencement— (a) continues in effect; and (b) is, from the commencement, taken to have been decided by WorkCover under the amended Act. 693 Cost of hospitalisation (1) A gazette notice published by the Authority for section 217 of the pre-amended Act and in effect immediately before the commencement— (a) continues in effect; and (b) is, from the commencement, taken to have been published by WorkCover under section 217 of the amended Act. (2) A gazette notice published by the Authority for section 218A of the pre-amended Act and in effect immediately before the commencement— (a) continues in effect; and (b) is, from the commencement, taken to have been published by WorkCover under section 218A of the amended Act. 2013 Act No. 52 Page 97

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 107] 694 Directions of Minister (1) This section applies to a direction given by the Minister under section 476, 477 or 479 of the pre-amended Act that has not been fully complied with immediately before the commencement. (2) The direction ceases to have effect at the commencement. 695 Monitoring and assessment of former Authority (1) This section applies to an investigation started, but not finished, under section 478 of the pre-amended Act before the commencement. (2) The investigation, and any requirement applying in relation to the investigation, ends at the commencement. Page 98 696 Other things done or started by the former entity (1) This section applies to anything done or started by a former entity under an Act (the Act )— (a) whose effect had not ended, or that has not been finished, immediately before commencement; and (b) that, at the commencement, is something that the Regulator can do under the Act; and (c) that is not otherwise dealt with by a provision of the Act. Example of a thing started by the former Authority— the procedure for cancelling a self-insurer’s licence under section 96 of the pre-amended Act (2) The thing done or started by the former entity— 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 107] (a) continues to have effect; and (b) from the commencement, is taken to have been done or started by the Regulator; and (c) for a thing started by a former entity—may be completed by the Regulator. 697 Other things required to be done by or in relation to the former entity (1) This section applies to anything required to be done by, or in relation to, a former entity under an Act (the Act ), if— (a) the requirement to do the thing has not been complied with at the commencement; and (b) at the commencement, the thing is something that the Regulator is required to do, or may require another person to do, under the Act; and (c) compliance with the requirement to do the thing is not otherwise dealt with by a provision of this Act. Example of requirement to which this section may apply — a requirement to give advice or information to the former Authority (see, for example, section 68A of the pre-amended Act) (2) The requirement to do the thing— (a) continues to have effect; and (b) from the commencement, is taken to be a requirement of, or applying in relation to, the Regulator. 2013 Act No. 52 Page 99

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 107] 698 Evidentiary provisions Sections 375(3), 376, 377 and 583(1) and (2) of the pre-amended Act continue to apply as if the amendment Act had not been enacted. Division 4 Other provisions 699 Insurer’s responsibility for worker’s rehabilitation (1) Section 220(2) applies in relation to a worker who lodges a notice of claim, whether the claim is lodged before or after the commencement. (2) However, section 220(2) does not apply if a proceeding for damages in relation to the worker’s injury has started before the commencement. 700 Disclosing pre-existing injury Section 571B applies only in relation to an employment process, within the meaning of section 571A, started after the commencement. Page 100 701 Authorised persons (1) A person who, immediately before the commencement, was an authorised person appointed under section 370 of the pre-amended Act is taken to be an authorised person appointed under section 330— (a) until the end of the term of appointment under the pre-amended Act; and (b) on the conditions of the appointment under the pre-amended Act that are consistent with this Act. 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 107] (2) The Regulator must issue the authorised person an identity card under section 333 as soon as practicable after the commencement. 702 Requirement of authorised person under previous s 519 (1) This section applies to a requirement made by an authorised person under section 519(2) of the pre-amended Act if the time for complying with the requirement has not passed at the commencement. (2) The requirement— (a) continues to have effect; and (b) from the commencement, is taken to be a requirement made by an authorised person under section 532C(2). 703 Requirement of authorised person under previous s 520 (1) This section applies to a requirement made by an authorised person under section 520(3)(b) of the pre-amended Act if the time for complying with the requirement has not passed at the commencement. (2) The requirement— (a) continues to have effect; and (b) from the commencement, is taken to be a requirement made by an authorised person under section 532D(3)(b). 704 Existing warrants (1) This section applies to a warrant issued under the pre-amended Act, chapter 12, part 1 (the 2013 Act No. 52 Page 101

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 107] previous warrant ) if, immediately before the commencement, the warrant was in effect and had not been executed. (2) The previous warrant— (a) continues to have effect according to its terms; and (b) is taken to be a search warrant issued under section 521. 705 Dealing with seized property (1) This section applies to a thing seized under the pre-amended Act, section 524, that has not been finally dealt with under the pre-amended Act before commencement. (2) The thing is taken to have been seized under section 529. (3) A receipt given for the thing under the pre-amended Act is taken to be a receipt given for the thing under section 530. (4) For applying this Act to the seizure, the period mentioned in section 532 is taken to have started when the thing was seized under the pre-amended Act. 706 Protection from liability (1) Section 374 of the pre-amended Act continues to apply, despite its repeal by the amendment Act, in relation to an act done or omission made by the authorised person before commencement. (2) For subsection (1), the reference in section 374(2) of the pre-amended Act to the Authority is taken to be a reference to the State. Page 102 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 108] 707 Transitional regulation-making power (1) A regulation (a transitional regulation ) may make provision, including by continuing the operation of a previous provision, about a matter for which— (a) it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the pre-amended Act to the amended Act; and (b) this Act does not make provision or sufficient provision. (2) A transitional regulation may have retrospective operation to a day that is not earlier than the day this section commences. (3) A transitional regulation must declare it is a transitional regulation. (4) This section and any transitional regulation expire 1 year after the day this section commences. (5) In this section— previous provision means a provision of the pre-amended Act that is amended or repealed by the amendment Act. 108 Amendment of sch 6 (Dictionary) (1) Schedule 6, definitions authorised person , Authority , Authority employee , board , chief executive officer and Workers’ Compensation Regulatory Authority— omit . (2) Schedule 6— insert — authorised person means— 2013 Act No. 52 Page 103

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 108] (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). board , for chapter 8 and chapter 9, part 1, means WorkCover’s board. chief executive officer means WorkCover’s chief executive officer appointed under section 442. employment process , for chapter 14, part 1, division 1, see section 571A. false or misleading disclosure , for chapter 14, part 1, division 1, see section 571A. 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. Page 104 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 1 Amendment of Workers’ Compensation and Rehabilitation Act 2003 [s 108] 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. pre-existing injury or medical condition , for chapter 14, part 1, division 1, see section 571A. prospective employer , for chapter 14, part 1, division 1, see section 571A. prospective worker , for chapter 14, part 1, division 1, see section 571A. reasonably means on grounds that are reasonable in all the circumstances. Regulator see section 326(2). Regulator’s office means the office of the department in which the Regulator predominantly works. (3) Schedule 6, definition table of costs , ‘the Authority’— omit, insert — WorkCover (4) Schedule 6, definition workers’ compensation certificate protocol , paragraph (a), ‘Authority’s chief executive officer appointed under section 355’— omit, insert — Regulator 2013 Act No. 52 Page 105

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 3 Amendments relating to workers’ compensation and rehabilitation commencing on assent Part 2 Amendment of Workers’ Compensation and Rehabilitation Regulation 2003 [s 109] Part 2 Amendment of Workers’ Compensation and Rehabilitation Regulation 2003 109 Regulation amended This part amends the Workers’CompensationandRehabilitationRegulation 2003 . Note — See also the amendments in chapter 2, part 2 and schedules 1 and 2. 110 Omission of s 4 (Authority’s trading name—Act, s 328) Section 4— omit . 111 Amendment of s 21 (Additional amount for late payment of levy—Act, s 82) (1) Section 21(1) and (2)(a), (b) and (c), ‘Authority’— omit, insert — Regulator (2) Section 21(2)(c), ‘Authority’s board’— omit, insert — Regulator 112 Amendment of s 88 (Examination of claimant or worker—Act, ss 135 and 510) Section 88(2)(a), ‘the Authority or’— omit . Page 106 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 4 Other amendments Part 1 Amendment of Civil Liability Act 2003 [s 113] 113 Amendment of sch 13 (Dictionary) (1) Schedule 13, definition actuarial standard , editor’s note, from ‘Authority’s’ to ‘Brisbane’— omit, insert— Regulator’s office (2) Schedule 13, definition ophthalmologists guide , editor’s note, from ‘Authority’s’ to ‘Brisbane’— omit, insert— Regulator’s office Part 3 Minor and consequential amendments 114 Legislation amended in schedule 2 Schedule 2 amends the legislation mentioned in it. Chapter 4 Other amendments Part 1 Amendment of Civil Liability Act 2003 115 Act amended This part amends the Civil Liability Act 2003 . 2013 Act No. 52 Page 107

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 4 Other amendments Part 2 Amendment of Motor Accident Insurance Act 1994 [s 116] 116 Amendment of s 75 (Indexation of particular amounts) Section 75(2) and (3), ‘4 quarters’— omit, insert— 12 months 117 Amendment of sch 2 (Dictionary) Schedule 2, definition average weekly earnings — omit, insert— average weekly earnings , for a financial year, means 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. Part 2 Amendment of Motor Accident Insurance Act 1994 118 Act amended This part amends the Motor Accident Insurance Act 1994 . 119 Amendment of s 4 (Definitions) (1) Section 4, definitions affordability index and average weekly earnings — omit. (2) Section 4— insert— Page 108 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 4 Other amendments Part 3 Amendment of Personal Injuries Proceedings Act 2002 [s 120] affordability index means 45% 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. average weekly earnings , for a financial year, means 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. 120 Amendment of s 100A (Indexation of particular amounts) Section 100A(2) and (3), ‘4 quarters’— omit, insert— 12 months Part 3 Amendment of Personal Injuries Proceedings Act 2002 121 Act amended This part amends the Personal Injuries Proceedings Act 2002. 122 Amendment of s 75A (Indexation of particular amounts) (1) Section 75A(2) and (3), ‘4 quarters’— omit, insert— 12 months 2013 Act No. 52 Page 109

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Chapter 4 Other amendments Part 3 Amendment of Personal Injuries Proceedings Act 2002 [s 122] (2) Section 75A(9), definition average weekly earnings— omit, insert— average weekly earnings , for a financial year, means 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. Page 110 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Schedule 1 Schedule 1 Minor and consequential amendments relating to chapter 2 section 56 Workers’ Compensation and Rehabilitation Act 2003 1 Particular references to WRI Each of the following provisions is amended by omitting ‘WRI’ and inserting ‘DPI’— • section 150(1)(c)(i) • section 151(1)(c)(i) • section 152(1)(c)(i) • section 157(5)(c)(i) • section 159(1)(c)(i) • section 188, heading • section 188(1)(a)(i) and (ii) • section 192(1) and (3) • section 193(1)(a), (3) and (6)(a) • section 512(8) 2 Section 140(1), note and sections 205(1), 206(3) and 240(2), ‘division 5’— omit, insert— division 4 2013 Act No. 52 Page 111

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Schedule 1 3 Sections 178(1) and (2) and 186(1)(b), (2) and (3), ‘degree of permanent impairment’— omit, insert— DPI 4 Section 191, ‘WRI has been calculated’— omit, insert— DPI has been decided 5 Section 276(8), ‘section 302(1)(a)(ii)’— omit, insert— section 302(2)(a)(ii) 6 Section 540(1)(a)(xiii) and (b)(vii)— omit. 7 Section 540(1)(c)— omit, insert— (c) a failure by WorkCover or a self-insurer to make a decision on an application for compensation within the time stated in section 134. 8 Section 546(2), ‘to (xiii)’— omit, insert— to (xii) Page 112 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Schedule 1 Workers’ Compensation and Rehabilitation Regulation 2003 1 Schedule 9— Schedule 9 is amended by omitting ‘whole person impairment’ or ‘Whole person impairment’ and inserting ‘a DPI’ or ‘A DPI’. 2 Schedule 9, item 38, ‘degree of permanent impairment’— omit, insert— DPI 2013 Act No. 52 Page 113

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Schedule 2 Schedule 2 Minor and consequential amendments relating to chapter 3 section 114 Industrial Relations Act 1999 1 Section 350(4A), ‘of the Workers’ Compensation Regulatory Authority’— omit . Integrity Act 2009 1 Schedule 1, entry for Workers’ Compensation andRehabilitation Act 2003 — omit . Public Service Act 2008 1 Schedule 1, entry for Worker’s Compensation Regulatory Authority under the Workers’ Compensation andRehabilitation Act 2003 — omit . Page 114 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Schedule 2 Right to Information Act 2009 1 Schedule 1, section 10(a), ‘Workers’ Compensation Regulatory Authority’— omit , insert — Workers’ Compensation Regulator Workers’ Compensation and Rehabilitation Act 2003 1 Particular references to Authority Each of the following provisions is amended by omitting ‘Authority’ or ‘Authority’s’ and inserting ‘Regulator’ or ‘Regulator’s’— • section 32(5)(c) • section 43 • section 44 • section 49(2)(b) • section 68(4) • section 68A(3) • section 69(4) • section 70(a) • section 71(1) to (4) • section 72(1) to (4) • section 73(1)(a) • section 75(1) and (2) • section 76(1) and (2) • section 77(1), (2) and (4) to (6) • section 79(1) to (4) 2013 Act No. 52 Page 115

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Schedule 2 • section 80(1), (2), (4), (5) and (7) • section 82(1) and (2) • section 83(1)(b) and (2) • section 84(1), (3)(a) and (4) • section 85(1) and (3) • section 86(1)(a) and (b), (4)(b) and (5) • section 89(1), (2) and (4) • section 90(2), (4), (6), (8) and (9)(a) • section 91 • section 93(2) • section 94 • section 95 • section 96(1), (2), (3) and (6) • section 97(2) and (3)(b) • section 100(2), (3) and (4) • section 102(6) • section 103(2), (3) and (4) • section 104(1) • section 105A • section 105D • section 105G(2), (3) and (4) • section 105I(5) • section 105J(2), (3) and (4) • section 105L • section 105O(3)(a) • section 183(1), (3) and (5) • section 205(3) • section 226(3)(b) Page 116 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Schedule 2 • section 269(5)(b) • section 496(a) • section 534(1)(a), (2) to (4) • chapter 13, part 2, heading • section 540(5) • section 542(2), (3), (5)(a) and (6) • section 543(1) and (2) • section 544, heading and subsection (1) • section 545(1), (1A), (2), (4) and (5) • section 546(1), (2), (3)(b), (3A) and (4) • section 546A(1) and (2) • section 547(1) and (2) • section 548A(2)(b) • section 549(1), (2) and (3)(b) • section 550(6)(a) • section 567 • section 569(5)(b) • section 570(3)(c) • section 571 • section 576(1), (2), (3)(a)(ii) and (3)(b)(ii) • section 576D(2) • section 577(1) 2 Particular references to Authority’s board Each of the following provisions is amended by omitting ‘Authority’s board’ or ‘board’ and inserting ‘Regulator’— • section 86(6), definition set limit • section 107B(1)(a) 2013 Act No. 52 Page 117

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Schedule 2 • section 107D(4) • section 107E • section 548A(2)(a) 3 Sections 428(2) and 445(3)— omit. 4 Section 577(3), ‘520(1)’— omit, insert— 532D(1) Workers’ Compensation and Rehabilitation Regulation 2003 1 Particular references to Authority Each of the following provisions is amended by omitting ‘Authority’ or ‘Authority’s’ and inserting ‘Regulator’ or ‘Regulator’s’—’ • section 20(2), definition ECL • section 20A • section 22(a) and (b)(iii) • section 24(2) • section 36 • section 38(2) • section 40 • section 48 • section 50(2) • section 52 Page 118 2013 Act No. 52

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Schedule 2 • section 57(2) • section 58 • section 59(3) • section 60(2) • section 62 • section 64(4) • section 69 • section 71(2) • section 73 • section 75B, definition approved actuary • section 75D(2) • section 75E • section 75G • section 75H • section 75I • section 75J • section 75K • section 75L • section 75Q • section 75S(2) • section 75U • section 75ZC(2) • section 75ZE • section 75ZK • section 75ZM(2) • section 75ZO • section 75ZQ(4) • section 77(1)(a), (3) and (4) 2013 Act No. 52 Page 119

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Schedule 2 • section 110(3) • section 113(3)(a) and (4) • section 119(2) and (3)(a) • schedule 13, definition actuary Work Health and Safety Act 2011 1 Schedule 2, section 24(1), ‘Workers’ Compensation Regulatory Authority’— omit, insert— Workers’ Compensation Regulator 2 Schedule 2, section 24(3)(b), ‘Authority’— omit, insert— Workers’ Compensation Regulator © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 120 2013 Act No. 52