Workers' Compensation Regulation 1992 (QLD)

Queensland Workers’ Compensation Act 1990 WORKERS’ COMPENSATION REGULATION 1992 Reprinted as in force on 30 July 1996 (includes amendments up to SL No. 161 of 1996) Warning—see last endnote for uncommenced amendments Reprint No. 4A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This regulation is reprinted as at 30 July 1996. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the ReprintsAct1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • provisions that have not commenced and are not incorporated in the reprint • editorial changes made in earlier reprints.

Queensland WORKERS’ COMPENSATION REGULATION 1992 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 2—INSURANCE UNDER THE ACT 6 Application for policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Policies and renewals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Assessment of premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Value of board and lodging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Payment of premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 Additional premium for late payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 13 Adjustment and variation of premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 13A Demerit charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 13B Surcharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 14 Cancellation of policy on ceasing to employ . . . . . . . . . . . . . . . . . . . . . . . . 17 15 Objection to and appeal from board’s assessment . . . . . . . . . . . . . . . . . . . . 18 16 Records to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 17 Employer’s duty after report of injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 PART 3—APPLICATION FOR COMPENSATION UNDER THE ACT 18 Application for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 19 Medical practitioner’s certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 20 Where medical practitioner not available . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 21 Medical examination of applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 22 Payment for treatment arranged by employer . . . . . . . . . . . . . . . . . . . . . . . . 23

2 Workers’ Compensation Regulation 1992 23 Special medical treatment etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 24 Examination of witnesses concerning application for compensation . . . . . 25 25 Hearing and determination of application by industrial magistrate . . . . . . . 26 26 Basis for fixing lump sum compensation for injury resulting in permanent impairment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 PART 4—HEARINGS BY INDUSTRIAL MAGISTRATES 27 Procedure for hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 28 Procedural requirements on hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 29 Adjournment of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 30 Correction of defects in proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 31 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 32 Recovery of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 PART 5—OTHER INSURANCES 33 Insurance of students provided with work experience under law . . . . . . . . . 32 34 Insurance of students otherwise provided with work experience . . . . . . . . . 34 35 Insurance of special groups . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 36 Premium for special groups insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 37 Report of injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 38 Provisions of part are conditions of contracts . . . . . . . . . . . . . . . . . . . . . . . . 39 PART 6—MISCELLANEOUS PROVISIONS 39 Duty to obey authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 40 False or misleading forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 41 Service of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 42 Appeals under the Act, s 182D(3)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 43 Table of injuries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 44 Assessing degree of permanent impairment from multiple injuries using the table of injuries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 45 Additional compensation for certain injuries . . . . . . . . . . . . . . . . . . . . . . . . . 43 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 44 SCHEDULE OF RATES 1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 2 Calculation of premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 3 Classification of industry or business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

3 Workers’ Compensation Regulation 1992 4 Rate for ancillary worker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 5 Minimum premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 105 TABLE OF INJURIES PART 1—UPPER EXTREMITY INJURIES Division 1—Preliminary 1 Application of pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 2 How to use this part of the table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 3 Interaction between this part and the AMA guide . . . . . . . . . . . . . . . . . . . 106 4 Formulas to be used for deciding lump sum compensation for permanent impairment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Division 2—Upper extremity injuries PART 2—LOWER EXTREMITY INJURIES Division 1—Preliminary 1 Application of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 2 How to use this part of the table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 3 Interaction between this part and the AMA guide . . . . . . . . . . . . . . . . . . . 111 4 Formulas to be used for deciding lump sum compensation for permanent impairment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Division 2—Lower extremity injuries PART 3—SPECIAL PROVISION INJURIES Division 1—Preliminary 1 Application of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 2 How to use this part of the table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 3 Interaction between this part and the assessment guides . . . . . . . . . . . . . . 117 4 Formula to be used for deciding lump sum compensation for permanent impairment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Division 2—Special provision injuries PART 4—OTHER INJURIES Division 1—Preliminary 1 Application of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 2 How to use this part of the table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 3 Interaction between this part and the AMA guide . . . . . . . . . . . . . . . . . . . 120

4 Workers’ Compensation Regulation 1992 4 Formulas to be used for deciding lump sum compensation for permanent impairment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Division 2—System injuries PART 5—PRESCRIBED DISFIGUREMENT Division 1—Preliminary 1 Application of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 2 How to use this part of the table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Division 2—Prescribed disfigurement PART 6—PSYCHIATRIC OR PSYCHOLOGICAL INJURIES 1 Application of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 2 Interaction between this part and the AMA guide . . . . . . . . . . . . . . . . . . . 133 3 Formula to be used for deciding lump sum compensation for permanent impairment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . 135 GRADUATED SCALE OF ADDITIONAL COMPENSATION FOR SPINAL CORD INJURY OR CHRONIC ORGANIC BRAIN SYNDROME 1 Graduated scale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 2 How to use the graduated scale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . 138 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 8 Provisions that have not commenced and are not incorporated into reprint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143

s1 5 s4 Workers’ Compensation Regulation 1992 WORKERS’ COMPENSATION REGULATION 1992 [as amended by all amendments that commenced on or before 30 July 1996] ˙ Short title 1. This regulation may be cited as the Workers’ Compensation Regulation 1992 . ˙ Definitions 4. In this regulation— “actual expenditure on account of wages” , by an employer for a worker, means— (a) the amount of wages actually paid by the employer to or for the worker; or (b) the amount of wages taken to have been paid by the employer to or for the worker under this regulation. “AMA guide” means the ‘Guides to the Evaluation of Permanent Impairment’ published by the American Medical Association. “applicant” means a person by or for whom an application is made for compensation under the Act. “due date” see section 12(1). “hearing loss tables” means the hearing loss tables recommended and published by the National Acoustics Laboratories of the Commonwealth. “lower extremity” see AMA guide. 1 “ophthalmologists guide” means the publication ‘A Guide to Members of the Australian College of Ophthalmologists’ published by the 1 Under the AMA guide, the lower extremity has 6 sections, namely, the foot, the hindfoot, the ankle, the leg, the knee and the hip.

s4 6 s4 Workers’ Compensation Regulation 1992 Australian College of Ophthalmologists. “period of insurance” means the period of accident insurance cover specified in a policy, policy renewal certificate or premium notice. “permanent impairment” , of whole person, see AMA guide. 2 “place of employment” , in section 13, means a place where workers engage in the calling in which they are employed. “premium notice” means a notice of assessment of premium issued by the board under the Act, and includes— (a) in the case of the first period of accident insurance cover—an acceptance notice for the period shown in the notice; and (b) in the case of each subsequent period of accident insurance cover—a renewal notice for the period shown in the notice. “schedule of rates” means the schedule of rates set out in schedule 1. “upper extremity” see AMA guide. 3 “wages” means the total amount paid or provided by an employer by way of— (a) money; or (b) entitlements having monetary value; to or on account of a worker as wages, salary or other earnings, but does not include— (c) allowances payable in relation to any— (i) travelling; (ii) car; (iii) removal; (iv) meal; (v) education; 2 Under the AMA guide, percentage of permanent impairment is often expressed as a percentage of permanent impairment of the whole person. 3 Under the AMA guide, the upper extremity has 4 parts, namely, the hand, the wrist, the elbow and the shoulder.

s6 7 s8 Workers’ Compensation Regulation 1992 (vi) living in the country or away from home; (vii) entertainment; (viii)clothing; (ix) tools; (x) vehicle expenses; and (d) contribution by an employer to a scheme for superannuation benefits for a worker, other than contribution made from money payable to the worker; and (e) lump sum payments on termination of a worker’s services for— (i) superannuation; (ii) accrued holidays; (iii) long service leave; (iv) any other purpose; and (f) an amount payable under section 123A(1) of the Act. 4 PART 2—INSURANCE UNDER THE ACT ˙ Application for policy 6. An application for a policy for accident insurance must be made to the board in the approved form. ˙ Policies and renewals 8.(1) On payment of the premium shown as payable in an acceptance notice issued by the board to an employer, the board must issue to the employer a policy, in the approved form, for the period of insurance mentioned in the notice. 4 Section 123A of the Act (Employer excess)

s8 8 s8 Workers’ Compensation Regulation 1992 (2) If the board issues an adjustment of premium notice to an employer insured under a policy, the board must give the employer a policy renewal certificate, in the approved form, for the period of insurance mentioned in the notice. (3) The policy renewal certificate must be given to the employer— (a) on payment of the further premium shown in the notice as payable to the board; or (b) if no further premium is payable—when the notice is given to the employer. (4) A policy or policy renewal certificate has no force or effect until the premium, or further premium, payable to the board in relation to the policy or its renewal has been received by the board. (5) If the board enters into a contract of insurance mentioned in part 5, the board may add to a policy, by endorsement or otherwise, such provisions as it considers necessary relating to— (a) insurance of the employer’s risk; or (b) any other person mentioned in part 5; as are appropriate to the particular case, and the provisions of part 5 apply to the policy to the extent that it relates to the risk under that contract. (6) In this section— “further premium” includes— (a) arrears of premium; and (b) interest on premium under section 11(4); and (c) additional premium for late payment under section 12; and (d) additional premium under section 13(5); and (e) a payment or penalty payable under section 50(2) of the Act; and (f) another amount, including, for example, an excess under section 123A of the Act5 or surcharge, payable to the board under the Act. 5 Section 123A (Employer excess)

s9 9 s9 Workers’ Compensation Regulation 1992 ˙ Assessment of premium 9.(1) The board must assess premium payable under a policy for accident or other insurance for each period of insurance shown in a premium notice. (2) Premium must be assessed using, as the basis for calculating it, a reasonable estimate of amounts the insured employer will pay to workers as wages for the period of insurance. (3) The board must assess premium in accordance with the schedule of rates. (4) However, if the policy relates to government workers, the board may, at the board’s option, assess premium at the rate decided by the board after taking actuarial advice. (5) Subsections (1) to (4)— (a) do not apply to a default assessment of premium; 6 and (b) are subject to subsections (6) to (9). (6) If the case is one where, in accordance with the Act— (a) an employer is required to insure against liability to— (i) a contractor declared by the Act to be a worker; or (ii) a worker employed by the contractor; or (b) a person is liable for payment of premium appropriate to work carried out under a contract made by the person; the premium payable— (c) is to be assessed by the board at the rates set out in the schedule of rates— (i) in the case of a contract for labour only—in relation to 100% of the contract price; and (ii) in the case of a contract for labour and plant or labour and materials—in relation to 50% of the contract price; and (iii) in the case of a contract for labour and plant and 6 Default assessments are made under section 53 (Default assessment) of the Act.

s 10 10 s 10 Workers’ Compensation Regulation 1992 materials—in relation to 33 1 / 3 % of the contract price; and (d) in a case other than one mentioned in paragraph (c)—is to be fixed by the board in accordance with this regulation. (7) If in any case there are 2 or more contractors, such as are mentioned in subsection (6)(a), who are parties to a contract, premium payable in relation to each of them is to be assessed as prescribed by subsection (6)(c) but the contract price is to be taken as that proportion of the price to which each is entitled. (8) In assessing premium payable for a sharefarmer, the weekly wage of the sharefarmer is taken to be not less than the weekly wage under any relevant award or industrial agreement or, if there is no relevant award or agreement, not less than 50% of QOTE. (9) In assessing premium payable for a director or trustee, the weekly wage of the director or trustee is taken to be the greater of— (a) the amount of wages actually paid; or (b) 75% of QOTE. (10) The board may discount premium assessed as payable by an employer, or a class of employer, because of any circumstance accepted by the board as reducing the risk carried by the board under the policy issued to that employer or to an employer of that class. (11) Discount under subsection (10) may be free of conditions or subject to conditions imposed by the board. ˙ Value of board and lodging 10.(1) This section applies if board is, or is to be, provided by an employer to a worker during a period of insurance. (2) The value of board provided is taken to be wages paid, or to be paid, by the employer to the worker. (3) For each week board is, or is to be, provided, the value of board is not less than— (a) the weekly allowance for board provided for under the award or industrial agreement governing the calling in which the worker is engaged; or

s 11 11 s 11 Workers’ Compensation Regulation 1992 (b) if paragraph (a) does not apply—6% of QOTE. (4) In this section— “board” includes lodging. ˙ Payment of premium 11.(1) An employer must pay to the board the premium shown in the premium notice. (2) The premium must be paid on or before the day for payment prescribed under part 4 of the Act, or, if a payment date is shown in the notice, that payment date. (3) However, the board may accept payment of the premium by instalments under an instalment plan decided by the board if the board is satisfied payment of the premium by the due date would impose financial hardship on the employer. (4) The instalment plan must include the following conditions— (a) interest, at an annual rate equal to the last rate published by the Reserve Bank of Australia as Interest Rates and Yields—Capital Market for 10 year Treasury bonds, at whichever of 1 July, 1 October, 1 January or 1 April is last before the day the board decided to accept payment of the premium by instalments, must be added to the amount of each instalment; (b) interest must be calculated from the day for payment of premium prescribed under part 4 of the Act, or shown in the premium notice; (c) the interest rate that applies at the start of the instalment plan remains constant until the plan ends; (d) on acceptance of the instalment plan, the employer must, if required by the board, immediately give to the board a bill of exchange for the amount of each instalment plus the appropriate amount of interest; (e) if the bill of exchange is not paid on the day it becomes payable, the total amount of unpaid instalments and interest on outstanding instalments to that day immediately becomes payable to the

s 12 12 s 13 Workers’ Compensation Regulation 1992 board, and the policy for which the premium is payable ceases to have effect. ˙ Additional premium for late payment 12.(1) If— (a) the premium payable under a premium notice; or (b) the amount by which a final assessment of premium by an industrial magistrate or the Industrial Court exceeds the amount of default assessment paid under section 55(2) of the Act; is not paid on or before the date on which it becomes due and payable as prescribed by the Act, or as shown in the premium notice, ( “the due date” ) and payment of the amount under an instalment plan has not been accepted by the board under section 11, the additional premium payable under the Act is— (c) in the case of payment to the board within 30 days following the due date—an amount that is 5% of the relevant amount; and (d) in the case of payment to the board after 30 days following the due date—an amount that is 10% of the relevant amount. (2) In a case, or class of case, determined by the board the additional premium payable under the Act includes an amount calculated on— (a) the relevant amount under subsection (1)(a) or (b); or (b) such relevant amount and the additional premium under subsection (1)(c) or (d); as the board determines, at the rate per annum mentioned in section 11(4)(a) as at whichever of the dates—1 July, 1 October, 1 January or 1 April—last precedes the due date, for the period from the due date, or a later date determined by the board, until the relevant amount and all additional premium is paid to the board. ˙ Adjustment and variation of premium 13.(1) The premium paid in relation to each period of insurance is to be adjusted in accordance with the employer’s actual expenditure on account of wages during the period, and to that end—

s 13 13 s 13 Workers’ Compensation Regulation 1992 (a) before 31 August in each year each employer is to lodge with the board a declaration of wages and contracts— (i) in the approved form; or (ii) with the board’s approval first obtained, in some other format acceptable to the board; and (b) on lodgment of such declaration, the board is to assess the amount of premium payable by the employer in relation to the last preceding period of insurance. (2) The declaration of contracts need only set out contracts for the performance of work for which $2 000 or more has been paid. (3) However, the board may require more information about other contracts by written notice given to the employer. (4) If, on assessment of premium payable by an employer under subsection (1), the amount of premium paid by the employer in relation to the last preceding period of insurance— (a) is greater than the amount of premium so assessed and, where appropriate, varied, the board is to— (i) refund the amount overpaid to the employer; or (ii) reduce the premium payable by the employer in relation to the next following period of insurance by the amount overpaid; or (iii) reduce premiums that are payable by the employer and are in arrears; whichever is appropriate in the board’s opinion; (b) is less than the amount so assessed and, where appropriate, varied, the employer is to pay the amount of the deficit to the board— (i) by the due date for payment of premium as shown in the premium notice for the next following period of insurance, or as prescribed by the Act, as the case may be; or (ii) if, for the next following period of insurance, premium has been paid or no premium is payable, by the due date for payment of such deficit as shown in a premium notice

s 13A 14 Workers’ Compensation Regulation 1992 s 13A issued in relation to the amount of the deficit. (5) An employer who fails to comply with subsection (1)(a) is to pay an additional premium in accordance with the provision set out in column 2 of the following table opposite the time, next following the date prescribed by subsection (1) and set out in column 1 of the table, when the employer complies with the subsection by lodging a declaration of wages and contracts. TABLE Column 1 Time of lodgment of declaration Column 2 Additional premium On or after 1 September and not later than 31 October in 1 calendar year On or after 1 November and not later than 30 November in 1 calendar year On or after 1 December and not later than 31 December in 1 calendar year On or after 1 January in the next calendar year 5% of assessed premium for the period of insurance to which the declaration relates, or $5.00, whichever is greater; 10% of assessed premium for the period of insurance to which the declaration relates, or $10.00, whichever is greater; 15% of assessed premium for the period of insurance to which the declaration relates, or $15.00, whichever is greater; 20% of assessed premium for the period of insurance to which the declaration relates, or $20.00, whichever is greater. ˙ Demerit charges 13A.(1) Demerit charges are made on an employer’s policy for a period of insurance if, during the period, the amount of compensation payable to or for the employer’s workers is 75% or more of the amount payable as premium by the employer for the period.

s 13A 15 Workers’ Compensation Regulation 1992 s 13A (2) Demerit charges made on an employer’s policy for a first demerit period are fixed as follows— (a) for a level 1 demerit—nil; (b) for a level 2 demerit—nil; (c) for a level 3 demerit—20% of premium; (b) for a level 4 demerit—25% of premium; (c) for a level 5 demerit—30% of premium. (3) Demerit charges made on an employer’s policy for a subsequent demerit period are varied for the period as follows— (a) for a level 1 demerit—20% of premium; (b) for a level 2 demerit—40% of premium; (c) for a level 3 demerit—65% of premium; (d) for a level 4 demerit—90% of premium; (e) for a level 5 demerit—100% of premium. (4) An employer’s policy attracts— (a) a “level 1 demerit” if the amount of compensation paid to or for the employer’s workers during a period of insurance is at least 75%, but less than 100%, of the amount payable as premium by the employer for the period; and (b) a “level 2 demerit” if the amount of compensation paid to or for the employer’s workers during a period of insurance is at least 100%, but less than 125%, of the amount payable as premium by the employer for the period; and (c) a “level 3 demerit” if the amount of compensation paid to or for the employer’s workers during a period of insurance is at least 125%, but less than 150%, of the amount payable as premium by the employer for the period; and (d) a “level 4 demerit” if the amount of compensation paid to or for the employer’s workers during a period of insurance is at least 150%, but less than 200%, of the amount payable as premium by the employer for the period; and (e) a “level 5 demerit” if the amount of compensation paid to or for

s 13A 16 Workers’ Compensation Regulation 1992 s 13A the employer’s workers during a period of insurance is not less than 200% of the amount payable as premium by the employer for the period. (5) For this section, the following types of compensation are not to be taken into account in deciding whether the amount of compensation payable to or for the employer’s workers during a period of insurance is 75% or more of the amount payable as premium by the employer for the period— (a) compensation payable for journey claims; (b) compensation payable for claims for hearing loss; (c) compensation payable for recess claims; (d) weekly payments to dependents of deceased workers. (6) In this section— “assessed” , in relation to premium, means assessed at the relevant premium rates under the schedule of rates. “demerit period” , for an employer, means a period of insurance for which a demerit charge is made on the employer’s policy. “employer” does not include the employer of a household worker. “first demerit period” means a period of insurance that is not preceded by another demerit period. “recess claim” means a claim for an injury arising in circumstances mentioned in section 91(2)(a)(ii) of the Act. 7 “journey claim” means a claim for an injury arising in circumstances mentioned in section 91(2)(b) or (4) of the Act. “premium” , for an employer for a period of insurance, means the premium assessed at the end of the period on the employer’s actual expenditure on account of wages during the period before any adjustment for arrears, merit bonus, demerit charge or employer excess. “subsequent demerit period” means a demerit period that immediately follows another demerit period. 7 Section 91 of the Act (Injuries that arise out of or in the course of employment)

s 13B 17 Workers’ Compensation Regulation 1992 s 14 ˙ Surcharge 13B.(1) A surcharge is payable by an employer for a policy unless the minimum premium mentioned in schedule 1, section 5, is payable for the policy. (2) The amount of the surcharge for a period of insurance, or part of a period of insurance, is fixed at the greater of— (a) 6.4% of the employer’s premium for the period; or (b) $5.00. (3) In this section— “assessed” see section 13A. “employer” see section 13A. “premium” see section 13A. ˙ Cancellation of policy on ceasing to employ 14.(1) An employer who wishes to cancel a policy because the employer has ceased to employ workers is to lodge with the board— (a) written notice of— (i) having ceased to employ workers, on and from a date specified in the notice; and (ii) the employer’s wish to cancel the policy; and (b) details of wages and contracts requiring performance of work in relation to the period commencing on 1 July last preceding the day on which employment of workers ceased and terminating on that day. (2) On receipt of a notice and details mentioned in subsection (1), the board is to assess the premium payable by the employer for the period during which the employer was required by the Act to maintain a policy. (3) If the premium paid by the employer for the period mentioned in subsection (2)— (a) is greater than the amount of premium assessed under subsection (2), the board is to refund to the employer the amount

s 15 18 s 16 Workers’ Compensation Regulation 1992 overpaid; or (b) is less than the amount of premium assessed under subsection (2), the employer is to pay to the board the amount of the deficit on or before the due date for payment of the deficit as shown in a final premium notice issued in relation to the amount of the deficit or as prescribed by the Act, as the case may be. ˙ Objection to and appeal from board’s assessment 15. An employer, or other person, required to pay a premium (other than a premium payable under a default assessment) or a deficit mentioned in section 14 who is dissatisfied with the premium or amount of deficit shown in a premium notice as payable is entitled— (a) to object to the board; and (b) to appeal to an industrial magistrate and the Industrial Court; and is subject to the obligations and time limitations prescribed by the Act as if such premium notice were a default assessment of premium and the provisions of sections 54to58 of the Actand this regulation apply accordingly. ˙ Records to be kept 16.(1) In this section— “worker” does not include a household worker. (2) An employer or contractor must keep the following documents for section 75 of the Act— (a) the time and wages book, or wages book, and the register of employees, required to be kept under the Industrial Relations Act1990 ; 8 (b) documents, or accurate and complete copies of documents, required to be kept under Commonwealth law for payments 8 See section 496 (Time and wages record of award employees), section 497 (Wages record of non-award employees) and section 498 (Register of employees).

s 16 19 s 16 Workers’ Compensation Regulation 1992 made to the employer’s workers or contractors for the performance of work, including, for example— (i) group certificates; (ii) group employer’s reconciliation statements; (iii) prescribed payment system payer’s reconciliation statements; (c) the person’s profit and loss account (to the extent it relates to amounts paid for wages for workers, or to contractors); (d) each contract for the performance of work. (3) However, a document mentioned in subsection (2)(b) or (c) need not contain information an employer or contractor reasonably believes is confidential and not necessary to enable the board to work out the person’s actual expenditure on wages or for contracts for the period to which the document relates. Examples— 1. Income and profit lines. 2. Tax file numbers. (4) The duty imposed by subsection (2) does not extend to preservation of a record mentioned— (a) if the board has given to the employer notification, that remains operative, that preservation of the record is not required; or (b) if, where a company is the employer, the company is wound up. (5) A sharefarmer who, under section 8(8) of the Act, is a worker— (a) is to keep or cause to be kept— (i) an accurate record of the sharefarmer’s wages under the relevant sharefarming agreement between the sharefarmer and the owner of the farm; and (ii) an accurate record of all moneys received or paid by the sharefarmer in connection with such sharefarming agreement; and (iii) if the sharefarmer employs a worker for the sharefarming agreement—documents of the type mentioned in

s 17 20 s 17 Workers’ Compensation Regulation 1992 subsection (2); and (b) is to furnish to the board, or an officer of the board, within 30 days following receipt by the sharefarmer of a notice given by the board, or an officer of the board, to do so— (i) a record mentioned in paragraph (a); or (ii) particulars of wages paid or received by the sharefarmer in any period; and (c) is to furnish to the owner of the farm to which the sharefarming agreement relates, within 14 days following receipt by the sharefarmer of a notice given by the owner to do so— (i) particulars of wages paid, or to be paid, to the sharefarmer under the relevant sharefarming agreement in the period in relation to which the owner is required by the Act or this regulation to furnish to the board a declaration of wages and contracts; and (ii) particulars of the amounts paid by the sharefarmer in such period, or due to be paid at the end of such period, on account of wages of each class of worker employed by the sharefarmer in such period in connection with the sharefarming agreement. (6) If a sharefarmer fails to comply with subsection (5)(c), the owner of the farm is to give written notice of the failure to the board, within 14 days following the failure. ˙ Employer’s duty after report of injury 17. On request by the board, or an officer of the board authorised by the board for the purposes of this section, the employer of a worker who has suffered injury— (a) is to permit the authorised officer, as often as the officer reasonably requires, to inspect— (i) the place where the injury was suffered; and (ii) premises under the employer’s control where any calling is engaged in by workers; and

s 18 21 s 19 Workers’ Compensation Regulation 1992 (b) is to furnish, as directed by the authorised officer, so far as the employer is able to do so, such information and assistance as is reasonably required by the officer in the circumstances of the case. PART 3—APPLICATION FOR COMPENSATION UNDER THE ACT ˙ Application for compensation 18.(1) Application for compensation under the Act must be made in the approved form. (2) The applicant is to furnish to the board— (a) proof of injury and its cause; and (b) proof of the nature, extent and duration of incapacity resulting from the injury; and (c) if the injury is, or results in, the death of a worker, proof of— (i) the death; and (ii) the identity of the deceased; and (iii) the relationship to the deceased and dependency of persons claiming to be dependants of the deceased; to such extent as the board reasonably requires. ˙ Medical practitioner’s certificate 19.(1) The certificate of a registered medical practitioner required by the Act to accompany an application must be in the approved form except in the case mentioned in subsection (2). (2) If the worker injured is one mentioned in section 4(d)(i) of the Act, the board is to accept from the registered medical practitioner who attends the worker a manuscript certificate that is substantially to the effect of the form approved for subsection (1).

s 20 22 s 21 Workers’ Compensation Regulation 1992 (3) A registered medical practitioner who attends a worker who has suffered an injury, is to furnish to the board a detailed report on the worker’s condition, within 10 days following receipt by the practitioner of the board’s request to do so. (4) The fee payable to the registered medical practitioner for such report is an amount accepted by the general manager to be reasonable having regard to the relevant table of costs for the time being notified by the board as acceptable for the purposes of the Act. ˙ Where medical practitioner not available 20.(1) If, because a registered medical practitioner is not available to attend a worker who has suffered an injury, a medical certificate as prescribed is not lodged with an application, the applicant is to complete and lodge with the board a declaration in the approved form. (2) A declaration in relation to a non-fatal injury— (a) can be accepted by the board only once in relation to injury to a worker in any 1 incident; and (b) is acceptable proof of incapacity of an injured worker for a period of not more than 3 days. ˙ Medical examination of applicant 21.(1) A requisition issued by the board to an applicant to submit to a personal examination by a registered person who is not employed by the board under a contract of service must be in writing and specify— (a) the name of the registered person engaged to make the examination; and (b) if the registered person is a specialist medical practitioner, the field of specialty; and (c) the day, time and place when and where the examination is to be made. (2) An applicant is not to be required to submit to a personal examination by a registered person more often than the board considers necessary to establish the applicant’s entitlement to compensation under the Act.

s 22 23 s 22 Workers’ Compensation Regulation 1992 (3) A registered person who makes a personal examination of an applicant for the purposes of the Act on the board’s requisition is to furnish to the board— (a) a written report on the examination; and (b) an itemised account in relation to the examination; within 3 days following the making of the examination. (4) Fees payable to a registered person in relation to a personal examination of an applicant— (a) are payable by the board; and (b) are payable for— (i) making the examination; and (ii) furnishing the report to the board; and (c) are the costs accepted by the general manager to be reasonable having regard to the relevant table of costs for the time being notified by the board as acceptable for the purposes of the Act. ˙ Payment for treatment arranged by employer 22.(1) With the authority of the board first obtained, an employer may, on behalf of the board, make arrangements or agreements with any registered medical practitioner, hospital or institution for provision of— (a) medical treatment; or (b) hospitalisation; or (c) medical aid; to a worker who has suffered injury. (2) The board may ratify arrangements or agreements such as are mentioned in subsection (1) made by an employer without the prior authority of the board if the board is satisfied that— (a) the case was one of emergency; and (b) in the interests of an injured worker it was necessary that immediate action be taken.

s 23 24 s 23 Workers’ Compensation Regulation 1992 (3) Arrangements or agreements ratified by the board are to be taken to have been made by the employer with the authority of, and on behalf of, the board. (4) The board is liable to pay the reasonable expenses of medical treatment, hospitalisation or medical aid provided to an injured worker under arrangements or agreements made, or taken to have been made, with the authority of and on behalf of the board under this section, as if the board were party to the arrangements or agreements. ˙ Special medical treatment etc. 23.(1) If the board is of opinion that the injury suffered by a worker would be amenable to— (a) special medical treatment; or (b) special hospitalisation; or (c) special medical aid; the board may make arrangements or agreements for provision of such special treatment, hospitalisation or aid. (2) The board is to pay from the fund the cost of any special treatment, hospitalisation or aid provided to a worker under arrangements or agreements made under subsection (1) less any payment of the cost made by the Crown in right of the Commonwealth or the State. (3) If a worker refuses to receive any such special medical treatment, hospitalisation or medical aid, the worker’s entitlement to compensation under the Act terminates as from the date of such refusal unless it is proved— (a) that the risk of such treatment, hospitalisation or aid was not inconsiderable in view of the serious nature of the injury suffered by the worker; and (b) if the worker’s death has ensued, that death from the worker’s injury was not likely to have been avoided had the worker not refused or, in any other case, that the worker’s incapacity is not prolonged or aggravated by reason of the worker’s refusal. (4) The board may make arrangements with any person or authority that,

s 24 25 s 24 Workers’ Compensation Regulation 1992 in the board’s opinion, conducts a public hospital, other than a public hospital within the meaning of the Act, to provide to a worker whose injury requires it hospitalisation to the extent prescribed by section 148 of the Actin relation to a public hospital within the meaning of the Act. (5) The board is not to make an arrangement under subsection (4) that would render the board liable to make in relation to hospitalisation provided under the arrangement a payment greater than the amount prescribed for the time being by section 149 of the Act. ˙ Examination of witnesses concerning application for compensation 24.(1) If the general manager or an officer authorised by the general manager for the purposes of this section reasonably suspects that any person has information or records relevant to an application made for compensation under the Act, the general manager or such officer, by written notice, may summon the person— (a) to attend at a time and place specified in the notice; and (b) to be then and there examined on matters relevant to the application; and (c) to produce at such examination, records of a description specified in the notice. (2) A person taking an examination of witnesses concerning an application made for compensation under the Act, or any justice of the peace or commissioner for declarations, is authorised to administer an oath to any person appearing as a witness at such examination that the answers given to all questions asked of the witness will be true. (3) A person summoned as authorised by subsection (1)— (a) must attend at the time and place specified in the notice of summons and at all times and places to which the examination in question is adjourned from time to time, unless the person is excused from such attendance by the person taking the examination; and (b) may be legally represented; and (c) must not, without reasonable excuse, fail to make full and true disclosure of—

s 25 26 s 25 Workers’ Compensation Regulation 1992 (i) all information within the person’s knowledge; and (ii) all records of a description specified in the notice of summons in the person’s possession or control; relevant to the matters on which the examination is taken. (4) It is reasonable excuse for a person to fail to answer a question or disclose a record if answering the question or disclosing the record might tend to incriminate the person. (5) If a person is summoned under subsection (1), the person is entitled to be paid by the board the person’s reasonable expenses in connection with the attendance including reasonable expenses for— (a) travelling; and (b) loss of income; and (c) legal representation. (6) For the purposes of subsection (5), the board, in determining the person’s reasonable expenses, is to have regard to— (a) in the case of travelling expenses— (i) if public transport is available—the actual cost of the transport; or (ii) if public transport is not available—the rate payable to an officer of the public service for official use of the officer’s private motor vehicle; and (b) in the case of legal expenses—costs payable to a solicitor on hearing under the Magistrates Courts Rules 1960 , schedule 5, in relation to an amount up to $750. ˙ Hearing and determination of application by industrial magistrate 25.(1) If, under section 104 of the Act, the board or a claimant has required that an application for compensation under the Act be heard by an industrial magistrate, the board or, as the case may be, claimant is to file in the appropriate office of the clerk of the Magistrates Court an application for such hearing in accordance with the following provisions of this subsection—

s 25 27 s 25 Workers’ Compensation Regulation 1992 (a) the application for the hearing must be filed within 60 days following the making of the requisition under section 104 of the Act, or, in a particular case, within such extended period as may be allowed in that case under subsection (2); (b) if the application for compensation to be so heard is in relation to injury to a worker mentioned in section 4(d)(i) of the Act, the application for the hearing must be filed in the office of the clerk of the Magistrates Court in the Magistrates Court district of the central division of the Brisbane district; (c) if the application for compensation to be so heard is in relation to injury to a worker other than one mentioned in paragraph (b), the application for the hearing must be filed— (i) in the office of the clerk of the Magistrates Court in the Magistrates Courts district of the central division of the Brisbane district; or (ii) in the office of the clerk of the Magistrates Court in the Magistrates Courts district in which the injury happened. (2) If, before or after expiry of the 60 day period mentioned in subsection (1)(a), application is made to an industrial magistrate for extension of that period for the purpose of filing an application for a hearing and determination, the industrial magistrate, if satisfied that— (a) there is good and sufficient reason that the application cannot, or could not, be filed in that period; and (b) extension of time should be allowed; may, by order, allow an extension of that period but so that the 60 day period and the extension allowed does not exceed 6 months following the making of the relevant requisition under section 104 of the Act. (3) An application for extension of time may be made under subsection (2) by the board or a claimant regardless of who made the requisition under section 104 of the Actfor a hearing by an industrial magistrate.

s 26 28 s 27 Workers’ Compensation Regulation 1992 ˙ Basis for fixing lump sum compensation for injury resulting in permanent impairment 26. The amount of a worker’s entitlement to lump sum compensation for injury resulting in permanent impairment is the amount worked out under the table of injuries for the injury at the day the offer of lump sum compensation is made. PART 4—HEARINGS BY INDUSTRIAL MAGISTRATES ˙ Procedure for hearing 27.(1) Immediately on filing in the appropriate office of a clerk of the Magistrates Court of— (a) a statement for the purposes of section 55 of the Act or section 15 of this regulation; or (b) an application or reference under any provision of the Act for a hearing and determination by an industrial magistrate; or (c) an application for extension of time prescribed by the Act or this regulation within which application or reference for a hearing and determination by an industrial magistrate may be made; the clerk is to arrange with an industrial magistrate a time and place for the hearing of the matter and is to notify the persons concerned accordingly. (2) The board is to furnish to the appropriate clerk of the Magistrates Court— (a) all approved forms and statements lodged with the board by an employer or an applicant that are relevant to the subject matter of the hearing; and (b) a statement of facts known to the board that are relevant to a reference for the purposes of section 119 of the Act.

s 28 29 s 29 Workers’ Compensation Regulation 1992 ˙ Procedural requirements on hearing 28.(1) If— (a) the condition of a worker who has, or is said to have, suffered injury; or (b) the cause, nature or extent of injury or of incapacity arising from injury; is relevant to the subject matter of a hearing, the industrial magistrate may require to be adduced such medical evidence in the matter as the industrial magistrate considers appropriate, and may act on that evidence as the industrial magistrate considers proper. (2) An industrial magistrate— (a) is to give the decision in a hearing in open court; and (b) is to furnish a written copy of the decision to each person affected by the decision. ˙ Adjournment of hearing 29.(1) If at a hearing, or before a hearing is commenced, the industrial magistrate before whom the hearing is to be held is satisfied that— (a) the procedures for the hearing have been taken in the incorrect Magistrates Court district; or (b) the hearing could be held more conveniently— (i) at some other place or before some other industrial magistrate, having regard to the difficulty or expense of producing witnesses, or other good and sufficient reason; or (ii) at some future date; the industrial magistrate may adjourn the matter for hearing accordingly. (2) If a matter is adjourned for hearing before some other industrial magistrate— (a) the industrial magistrate who orders the adjournment is to send all records relevant to the matter in possession of the magistrate to the appropriate clerk of the Magistrates Court; and

s 30 30 s 31 Workers’ Compensation Regulation 1992 (b) the industrial magistrate to whom the matter is adjourned has jurisdiction to hear and determine the matter as if it had been brought before that magistrate in the first instance. ˙ Correction of defects in proceedings 30.(1) At any time before or during a hearing of any matter for the purposes of the Act or this regulation, an industrial magistrate may order the supply of such wants, or correction of such defects and errors, in proceedings taken with a view to the hearing as may be necessary for the proper hearing of such matter. (2) An order under subsection (1) may be made— (a) on such conditions; and (b) subject to section 31, on such terms as to costs; as the industrial magistrate considers just. (3) All parties concerned are to give effect to an order made under subsection (1). ˙ Costs 31.(1) Subject to subsection (2), costs of proceedings before an industrial magistrate for the purpose of the Act or this regulation are in the discretion of the magistrate. (2) If costs in such proceedings are allowed— (a) being costs in relation to counsel’s or solicitor’s fees— (i) such costs are taken to be the costs payable under the Magistrates Courts Rules 1960 , schedule 5, in relation to an amount of $10 000; or (ii) if, because of— (A) the work involved; or (B) the importance, difficulty or complexity of the matter to which the proceedings relate; the industrial magistrate considers the amount of costs provided

s 32 31 s 32 Workers’ Compensation Regulation 1992 for under subparagraph (i) are inadequate remuneration, the magistrate may, by order, allow such costs (in total or in relation to any item) in an amount up to 1.5 times the amount provided for under subparagraph (i) (in total or in relation to that item, as the case may be) whereupon such costs are to be as so ordered; and (b) being costs in relation to witnesses’ fees and expenses, such costs are to be in accordance with the Magistrates Courts Rules 1960 , schedule 4; and (c) being costs in relation to bailiff’s fees, such costs are to be in accordance with the Magistrates Courts Rules 1960 , schedule 3. (3) If the board is required to pay costs in a hearing in relation to a witness who is a medical practitioner or otherwise is of a professional description, and the amount of fees and expenses payable in relation to the witness by the party that called the witness exceeds the amount of such costs allowed by the industrial magistrate, the board is authorised to pay, on the application of that party, an additional amount on account of such costs, that the general manager accepts as reasonable, having regard to the subject matter of the hearing. ˙ Recovery of costs 32.(1) If costs have been allowed by an industrial magistrate in any proceedings for the purposes of the Act or this regulation, a certificate of the magistrate or the appropriate clerk of the Magistrates Court must be issued on application being made. (2) A certificate as to costs issued under subsection (1) must specify— (a) the amount of costs payable; and (b) the parties or persons by, or to whom, such costs are payable. (3) A certificate as to costs issued under subsection (1) may be filed in a court of competent jurisdiction in action for debt in the amount of such costs as are not duly paid, whereupon— (a) the certificate becomes a record of that court, and has force and effect as a judgment of that court; and (b) proceedings may be taken on such certificate to enforce payment

s 33 32 s 33 Workers’ Compensation Regulation 1992 of costs as if the allowance of costs evidenced by the certificate were a judgment of that court. PART 5—OTHER INSURANCES ˙ Insurance of students provided with work experience under law 33.(1) In this section— (a) a reference to a student is a reference to a student such as is mentioned in the Education (Student Work Experience) Act 1978 , section 10; and (b) a word or expression has the meaning assigned to it by that Act. (2) For the purpose of enabling the corporation to insure itself and keep itself insured with the board against all sums for which the corporation may become legally liable by way of— (a) compensation under the Act to the extent prescribed by this section; or (b) damages arising in circumstances creating, independently of the Act or this section, a legal liability in the corporation, as employer of the student, to pay damages; in relation to an injury suffered by a student arising out of or in the course of work experience of the student, the board may enter into a contract of insurance with the corporation in accordance with this section. (3) An injury suffered by a student is taken to arise out of or in the course of work experience of the student if it is suffered— (a) at the place where work experience is being provided for the student; or (b) subject to subsection (4), while the student is travelling between the student’s place of abode or school and the place where work experience is, or is to be, provided for the student; or (c) subject to subsection (4), while the student is travelling between any place mentioned in paragraph (b) and any other place, or is in

s 33 33 s 33 Workers’ Compensation Regulation 1992 attendance at any other place, for the purpose of— (i) obtaining a certificate of a registered person; or (ii) receiving medical treatment or advice or hospital attention or advice; or (iii) receiving payment of compensation; in relation to injury for which the student is entitled to compensation under this section, or for the purpose of— (iv) submitting to examination by a registered person; or (v) undergoing rehabilitation; under any provision of the Act. (4) An injury suffered by a student is to be taken as not arising out of or in the course of work experience if the injury happens— (a) after substantial delay in commencing travelling— (i) in a case mentioned in subsection (3)(b)—from a place where work experience is provided for the student to the student’s place of abode or school; and (ii) in a case mentioned in subsection (3)(c)—from any such other place mentioned in the subsection to the place where work experience is provided for the student, or the student’s place of abode or school; or (b) during or after a substantial interruption to or deviation from (and before completion of) travelling mentioned in subsection (3); unless the delay, interruption or deviation has arisen from circumstances beyond the student’s control. (5) The cover in relation to compensation under the Act, to the extent prescribed by this section, that is to be secured and maintained by the corporation extends to compensation for injury prescribed by part 8 of the Act other than— (a) payment in relation to total or partial incapacity for work resulting from the injury; and (b) payment for medical treatment, hospitalisation or hospital

s 34 34 s 34 Workers’ Compensation Regulation 1992 attention, rehabilitation or any prosthesis, or for travelling expenses incurred in connection with any such matter. ˙ Insurance of students otherwise provided with work experience 34.(1) In this section— “school” means a secondary school or special school, that is not a State school, at which is provided secondary education or special education that in the opinion of the Minister for Education, is the equivalent at least of secondary education or special education provided at similar State schools. “secondary education” means secondary education within the meaning of the Education (General Provisions) Act 1989 . “special education” means special education within the meaning of the Education (General Provisions) Act 1989 . “student” means a person who is of or over the age of 14 years and is enrolled in a school. “work experience” means work experience mentioned in the Education(Student Work Experience) Act 1978 . (2) The board may enter into a contract of insurance with the person having control of a school under which contract the board is liable to pay compensation under the Act, to the extent prescribed by this section, in relation to injury suffered by a student attending the school arising out of or in the course of work experience of the student provided under an arrangement made in accordance with the Education(StudentWorkExperience) Act 1978 . (3) An injury suffered by a student is taken to arise out of or in the course of work experience of the student if it is suffered— (a) at the place where work experience is being provided for the student; or (b) subject to subsection (4), while the student is travelling between the student’s school and the place where work experience is, or is to be, provided for the student; or (c) subject to subsection (4), while the student is travelling between

s 34 35 s 34 Workers’ Compensation Regulation 1992 any place mentioned in paragraph (b) and any other place, or is in attendance at any other place, for the purpose of— (i) obtaining a certificate of a registered person; or (ii) receiving medical treatment or advice or hospital attention or advice; or (iii) receiving payment of compensation; in relation to injury for which the student is entitled to compensation under this section, or for the purpose of— (iv) submitting to examination by a registered person; or (v) undergoing rehabilitation; under any provision of the Act. (4) An injury suffered by a student is to be taken as not arising out of or in the course of work experience if the injury happened— (a) after substantial delay in commencing travelling— (i) in a case mentioned in subsection (3)(b)—from a place where work experience is provided for the student to the student’s place of abode or school; and (ii) in a case mentioned in subsection (3)(c)—from such other place mentioned in the subsection to the place where work experience is provided for the student, or the student’s place of abode or school; or (b) during or after a substantial interruption to or deviation from (and before completion of) travelling mentioned in subsection (3); unless the delay, interruption or deviation has arisen from circumstances beyond the student’s control. (5) The cover in relation to compensation under the Act, to the extent prescribed by this section, that may be secured and maintained for a student under this section extends to compensation for injury prescribed by part 8 of the Act other than— (a) payment in relation to total or partial incapacity for work resulting from the injury; and (b) payment for medical treatment, hospitalisation or hospital

s 35 36 s 35 Workers’ Compensation Regulation 1992 attention, rehabilitation or any prosthesis, or for travelling expenses incurred in connection with any such matter. (6) The cover of insurance under this section does not extend to payment of damages in relation to injury suffered by a student in circumstances creating, independently of the Act or this section, a legal liability in any person to pay damages in relation to the injury. (7) The board has no liability under a contract of insurance entered into under this section unless the premium assessed in accordance with the schedule of rates in relation to that contract has been paid in full to the board. ˙ Insurance of special groups 35.(1) The board may enter into a contract of insurance with— (a) a person who is in self-employment; or (b) a local government, a statutory board, an industrial union of employees or employers, an association of employers, or similar body of a public nature, in relation to councillors, members, delegates and persons of a similar description; or (c) the authority responsible in law for management of fire services in the State, in relation to volunteer fire fighters; or (d) the authority responsible in law for ambulance transport in the State, in relation to honorary ambulance bearers and honorary ambulance drivers; or (e) a church, nonprofit charitable organisation, or benevolent institution, in relation to volunteer or honorary workers engaged only on specific capital undertakings; or (f) a nonprofit organisation, that the board regards as meriting consideration to that end, in relation to volunteer or honorary workers. (2) The liability of the board under a contract of insurance entered into under subsection (1)— (a) is to pay compensation under the Act for injury suffered by a person in relation to whom the contract is entered into; and

s 35 37 s 35 Workers’ Compensation Regulation 1992 (b) does not extend to payment of damages in relation to injury suffered by a person in circumstances creating a legal liability to pay damages in relation to the injury in the person or body with whom the board has entered into the contract. (3) The entitlement to compensation of a person in relation to injury for which compensation is payable under a contract of insurance entered into under subsection (1) is the same as if the injured person were a worker employed by the person or body with whom the board has entered into the contract. (4) For the purposes of a contract of insurance entered into under subsection (1), activity of a person in relation to whom the contract is entered into is taken to be employment relevant to the contract to the extent prescribed as follows— (a) in the case of a person in self-employment—such self-employment; (b) in the case of a councillor, board member, delegate or person of similar description—attendance at meetings and performance of any other duty of office; (c) in the case of a volunteer fire fighter—attendance at a fire or practice and performance of any other duty required of the volunteer fire fighter; (d) in the case of an honorary ambulance bearer or driver—performance of any duty required of the honorary bearer or driver; (e) in the case of any volunteer or honorary worker engaged on a specific capital undertaking of a church, nonprofit charitable organisation or benevolent institution—performance of any duty required of the worker by or on behalf of the church, organisation or institution in relation to that undertaking; (f) in the case of any volunteer or honorary worker on behalf of a nonprofit organisation—attendance at meetings and performance of any other duty required of the worker by the organisation.

s 36 38 s 36 Workers’ Compensation Regulation 1992 ˙ Premium for special groups insurance 36.(1) The premium payable under a contract of insurance entered into under section 35(1) is to be calculated— (a) in accordance with the schedule of rates; and (b) in the case of a specific capital undertaking of a church, nonprofit charitable organisation or benevolent institution—in accordance with that schedule as it applies to the specific capital undertaking; and is subject to adjustment at the end of each period of insurance in accordance with this regulation. (2) For the purpose of assessing such premium, wages of each person who may become entitled to claim compensation under such contract are taken to be as follows— (a) for a contract to which section 35(1)(a) applies, the greater of the following amounts for a financial year— (i) the amount of wages actually paid; (ii) the amount worked out under the formula— 52 x Q (b) for a contract to which section 35(1)(b) applies, the greater of the following amounts for a financial year— (i) the amount of wages actually paid; (ii) the amount worked out under the formula— 10 x Q (c) for a contract to which section 35(1)(c) or (d) applies, the amount worked out for a financial year under the formula— 4xQ (d) for a contract to which section 35(1)(e) applies—the amount that the board considers would have been paid as wages to a person employed in performance of the relevant duties; (e) for a contract to which section 35(1)(f) applies—the amount that the board considers fair and equitable, having regard to the time spent by the volunteer or honorary worker on behalf of the nonprofit organisation.

s 37 39 s 39 Workers’ Compensation Regulation 1992 (3) The board has no liability under a contract of insurance entered into under section 35(1) unless the premium assessed as prescribed in relation to that contract has been paid in full to the board. (4) In subsection (2)— “Q” means 50% of QOTE. ˙ Report of injury 37. Within 10 days following the happening of an injury to a person entitled to compensation to which is relevant a contract of insurance mentioned in this part, a person with whom the board has entered into the contract must report the happening to the board, or a district office of the board, in the approved form. ˙ Provisions of part are conditions of contracts 38.(1) A provision of this part is to be taken as a condition of a contract of insurance to which the provision is expressed to apply entered into by the board. (2) Subject to this part, such of the provisions of the Act as are capable of application to a contract of insurance entered into by the board under section 35(1) apply to the contract and to a claim for compensation under the contract as if— (a) a person entitled to compensation were a worker within the meaning of the Act; and (b) compensation payable under the contract were compensation payable under the Act. PART 6—MISCELLANEOUS PROVISIONS ˙ Duty to obey authorised persons 39. A person—

s 40 40 s 42 Workers’ Compensation Regulation 1992 (a) must do that which the person is directed or required to do; and (b) must not do that which the person is forbidden to do; by a person acting under the authority of any provision of this regulation. ˙ False or misleading forms 40. A person— (a) must not make, or authorise the making of, a statement, in an approved form, that the person does not believe to be true in every material particular; and (b) must not omit, or authorise the omission of, a statement or matter from an approved form that makes the form, to the person’s knowledge, false or misleading in any respect material to the purposes of the Act or this regulation. ˙ Service of documents 41.(1) A notice or other document to be given by any person to the board for the purposes of the Act or this regulation may be given— (a) by service personally on a member of the staff of the board in the board’s office or in a district office of the board; or (b) by prepaid post addressed to the board, or a manager for the board, at the board’s office or a district office of the board. (2) A notice to be given by an owner of a farm to a sharefarmer requiring the furnishing of particulars mentioned in section 16(5)(c) may be given— (a) by service personally on the sharefarmer; or (b) by delivery to the sharefarmer’s place of business or place of residence; or (c) by prepaid post addressed to the sharefarmer’s place of business or place of residence last known to the owner of the farm. ˙ Appeals under the Act, s 182D(3)(a) 42.(1) A worker aggrieved by a decision of the board mentioned in

s 42 41 s 42 Workers’ Compensation Regulation 1992 section 182D(3)(a) 9 of the Act may appeal against the decision to an industrial magistrate. (2) The worker must lodge a notice of appeal with the board within 60 days after the worker receives written notice of the board’s decision. (3) However, if— (a) notice of the board’s decision did not include reasons; and (b) the worker asked for reasons within the period mentioned in subsection (2); the worker may make the application within 60 days after the worker receives written reasons. (4) The board must file an application for the hearing of the appeal within 60 days after the board receives the notice of appeal. (5) The application must be filed in the office of the clerk of the Magistrates Court— (a) if the injury happened in Brisbane—in the Magistrates Court district of the central division of the Brisbane district; or (b) otherwise—in the Magistrates Court district in which the injury happened. (6) Part 4 10 applies to the conduct of the hearing. (7) If the board or worker is aggrieved by the industrial magistrate’s decision, the board or worker may appeal to the Industrial Court. (8) Unless the Industrial Court orders that additional evidence be heard, the appeal is to be by way of rehearing on the evidence and proceedings before the industrial magistrate. (9) The costs of appeal are in the discretion of the Industrial Court. 9 Section 182D of the Act(Access to common law damages if no offer of lump sum compensation made) 10 Part 4 (Hearings by industrial magistrates)

s 43 42 s 44 Workers’ Compensation Regulation 1992 ˙ Table of injuries 43.(1) The table of injuries is set out in schedule 2. (2) The table of injuries, parts 1, 2, 4 and 6 must be read in conjunction with the relevant provisions of the AMA guide. (3) The methods that must be used in assessing the degree of permanent impairment resulting from an injury mentioned in part 1, 2, 4 or 6 are the methods stated in the AMA guide. (4) However, not every injury a worker may suffer is mentioned in the table of injuries and, if a worker sustains permanent impairment from an injury that is not mentioned in the table of injuries (other than in part 3 or 5), the AMA guide must be used for assessing the degree of permanent impairment resulting from the injury. (5) The table of injuries, part 3 must be read in conjunction with the ophthalmologists guide (for vision injuries) and the hearing loss tables (for hearing injuries). (6) The methods that must be used in assessing the degree of permanent impairment resulting from an injury mentioned in the table of injuries, part 3 are the methods stated in the ophthalmologists guide or hearing loss tables. (7) If there is an inconsistency between the table of injuries and the AMA guide, the ophthalmologists guide or the hearing loss tables, the table of injuries prevails to the extent of the inconsistency. (8) For subsection (2), a provision of the AMA guide is a relevant provision of the guide for a part of the table of injuries if it is mentioned in the part as a relevant provision for the part. ˙ Assessing degree of permanent impairment from multiple injuries using the table of injuries 44.(1) This section applies if a worker sustains permanent impairment from multiple injuries suffered in a single incident. (2) The degree of permanent impairment for each injury is assessed separately and lump sum compensation is decided accordingly.

s 45 43 s 45 Workers’ Compensation Regulation 1992 Example— A worker suffers a fractured pelvis and a fractured wrist in the same incident. The degree of permanent impairment resulting from each injury is assessed separately in the usual way under the table of injuries. (3) However, for multiple injuries to a single limb, the degree of permanent impairment sustained by the worker in relation to the limb is assessed by using the combined values chart in the AMA guide. Example— A worker suffers injuries to the worker’s right wrist and right elbow and a crush injury to the worker’s left hand. The degree of permanent impairment resulting from the injuries to the right arm is assessed by using the combined values chart in the AMA guide. The degree of permanent impairment resulting from the injury to the left hand is assessed in the usual way under the table of injuries. (4) Also, if a worker suffers multiple injuries of a kind mentioned in the table of injuries, part 4 in a single incident, the degree of permanent impairment sustained by the worker in relation to the injuries is assessed by using the combined values chart in the AMA guide. ˙ Additional compensation for certain injuries 45. For section 130B 11 of the Act, the additional compensation for spinal cord injury or chronic organic brain syndrome is prescribed under schedule 3. 11 Section 130B of the Act (Additional compensation for certain injuries)

44 Workers’ Compensation Regulation 1992 ¡ SCHEDULE 1 SCHEDULE OF RATES section 9 ˙ Definitions 1. In this schedule— “classification” , in relation to an industry or business, means a classification or subclassification of industry or business set out in the table, column 2. “code number” means a code number set out in the table, column 1. “rate” means the rate of premium payable for insurance under the Act set out in the table, column 3. ˙ Calculation of premium 2.(1) Subject to sections 3 to 5, the premium payable for insurance in relation to compensation under the Act is calculated in accordance with the following formula— RxW 100 (2) In subsection (1)— “R” means the rate that corresponds to the code number of the classification of business or industry in which the worker is employed. “W” means the gross wages payable to workers during the period of insurance. ˙ Classification of industry or business 3.(1) For the purposes of section 2, all workers (other than workers of a kind mentioned in section 4) employed by an employer at a place of employment—

45 Workers’ Compensation Regulation 1992 SCHEDULE 1 (continued) (a) are taken to be employed in the same classification of industry or business; and (b) if more than 1 industry or business is conducted at the place of employment—are taken to be employed in the classification of industry or business in relation to which the higher or highest rate is payable. (2) For the avoidance of doubt, the classification of an industry or business is that classification in the table, column 2 that most accurately describes the nature of industry or business being classified. (3) If, at the employer’s place of employment— (a) there are 1 or more work areas in which 2 or more industries or businesses are being conducted; and (b) the classification of each of the industries or businesses is different; the rate payable is the higher or highest of the rates payable in relation to the classifications unless the board is satisfied that— (c) there is no means of internal access or communication between or among the industries or businesses; and (d) the industries or businesses are conducted by the employer as separate industries or businesses. ˙ Rate for ancillary worker 4.(1) If a worker is engaged solely in— (a) clerical work in an office environment; or (b) managerial work, supervising clerical work in an office environment; the rate payable is the rate that corresponds to the classification ‘Clerical and managerial workers employed in office only’. (2) If a worker is— (a) a commercial traveller; or

46 Workers’ Compensation Regulation 1992 SCHEDULE 1 (continued) (b) a commission agent; or (c) a canvasser; or (d) a clerical or managerial worker; employed principally outside the employer’s place of employment, the rate payable is the rate that corresponds to the classification for that worker. (3) If a worker is employed by an employer solely as a cleaner, caretaker, watch officer, gardener, staff canteen worker or ambulance service officer, other than in the actual operation of the employer’s industry or business, the rate payable in relation to the worker is— (a) in the case of a cleaner, caretaker, watch officer or gardener—the rate that corresponds to the classification of industry or business for that worker; and (b) in the case of a staff canteen worker—the rate that corresponds to the classification ‘Sale shops and warehouses—retail outlets group 2’; and (c) in the case of an ambulance service officer—the rate that corresponds to the classification ‘Ambulance services’. ˙ Minimum premium 5. The minimum premium payable in relation to any period of insurance for a policy covering workers (other than household workers) is $60.00. Household workers 6. The premium payable for a household worker’s policy is $10.00 per year or part of a year.

47 Workers’ Compensation Regulation 1992 SCHEDULE 1 (continued) Table Column 1 Code No. Column 2 Classification Column 3 Rate * 100001 102007 105005 106008 107000 108003 Abattoirs (see meat industry—abattoirs) Accommodation (board and lodgings) establishments— (a) boarding houses, caravan parks, flats, homes (not nursing homes), motels, private hotels, tourist resorts, hostels, refuges, commercial accommodation managers and similar establishments . (b) hotels, taverns, wine saloons, railway refreshment rooms (licensed), nightclubs, cabarets and casinos . . . . . Acid works (see chemical and acid) Acupuncturist (see medical) Advertising agents, bill posters, collating and mail centres (see estate) Aerated water and cordial manufacturers . . Aerated water and cordial vendors (see vendors) Aerodromes, airports and aviation industry— (a) employees engaged regularly in air flights other than crop spraying, dusting, aerial mustering and similar activities . (b) crop spraying, dusting, aerial mustering and similar activities; also test pilots . . (c) manufacture, repair, maintenance and other employees— NOR . . . . . . . . . . $ 2.34 2.12 3.74 2.13 9.09 2.32 * Rate in column 3 does not include surcharge. For information about the surcharge, see section 13B.

Column 1 Code No. 48 Workers’ Compensation Regulation 1992 SCHEDULE 1 (continued) Column 2 Classification Column 3 Rate * $ 109006 109102 110007 110103 111018 NOTE—Rate for employees regularly engaged in air flights must be applied to total earnings of the employees. Aerodrome construction (see road) Agricultural machinery and implements— (a) manufacturers . . . . . . . . . . . . . . . . . . . (b) dealers and repairers (see motor trade— agricultural) Airconditioning engineers and mechanics (see refrigeration) Alumina manufacturers (from bauxite) . . . Ambulance services . . . . . . . . . . . . . . . . . . Amusement parks (see shows, carnivals, entertainment and similar activities— pleasure) Animal pounds and refuges (see dog) Anodisers . . . . . . . . . . . . . . . . . . . . . . . . . . Apiarists (see farming—dairy farmers) Archaeologists (see mining industry—prospectors) Architect— (a) clerk of works . . . . . . . . . . . . . . . . . . . (b) drafters (see clerical and managerial workers—employed in office) (c) other employees also quantity surveyors (see clerical and managerial workers— employed in office) Armoured car services (see payroll) 6.02 1.52 1.92 3.71 0.49 * Rate in column 3 does not include surcharge. For information about the surcharge, see section 13B.

Column 1 Code No. 49 Workers’ Compensation Regulation 1992 SCHEDULE 1 (continued) Column 2 Classification Column 3 Rate * $ 113005 117006 118009 119001 120002 121005 122008 123000 124003 Art galleries (see gymnasiums) Artesian boring contractors and well sinkers Asbestos sheet, fibro-cement sheet and fibro-cement pipe makers; cement, concrete, coke and breeze brickmakers; cement and concrete tile and concrete tank makers, and similar activities (see brickmakers) Asphalt— (a) works (no mining or quarrying) . . . . . (b) pavers and tar pavers . . . . . . . . . . . . . Assayers (see laboratories) Auctioneers— (a) other than stock . . . . . . . . . . . . . . . . . . (b) stock (general employees) and saleyard employees, stock buyers and agents (no saleyard-stock employees) . . . . . . . . . (c) stock salespersons . . . . . . . . . . . . . . . Automatic machine proprietors (no manufacture) (see vending) Automotive engineers (see engineering and metal trades—automotive) Aviation (see aerodromes, airports) Awning manufacturers and installers (see window frame) Bacon factories . . . . . . . . . . . . . . . . . . . . . . Bag and sack factories (paper and other—except plastic) . . . . . . . . . . . . . . . . . Bakers and pastry-cooks . . . . . . . . . . . . . . 4.97 4.56 2.93 0.52 4.35 1.74 8.34 5.95 3.11 * Rate in column 3 does not include surcharge. For information about the surcharge, see section 13B.

Column 1 Code No. 50 Workers’ Compensation Regulation 1992 SCHEDULE 1 (continued) Column 2 Classification Column 3 Rate * $ 127001 128004 131000 132003 133006 135001 136004 137007 Barbers (see sales shops and warehouses— retail outlets group 1) Basket makers and wickerwork . . . . . . . . . Batteries and cyanide plants (see mining industry—batteries) Battery (electric) manufacturers . . . . . . . . . Baths— (a) turkish (see gymnasiums) (b) swimming (see gymnasiums) Beach sandmining (see dredging) Beauty salons (see sales shops and warehouses—retail outlets group 1) Bedding factories . . . . . . . . . . . . . . . . . . . . Benevolent institutions and home nursing services . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bicycle sales (see motor trade—bicycle sales) Bicycle workshops (see motor trade— bicycle workshops) Bill posters (see estate) Billiard saloons . . . . . . . . . . . . . . . . . . . . . . Billiard table manufacturers and repairers (see furniture manufacturers) Biscuit factories and spaghetti manufacturers Blacksmiths, farriers, wheelwrights, spring makers, coach, carriage and wagon builders, carriage and wagon works . . . . . . . . . . . . . Blasting and diving contractors . . . . . . . . . 4.07 6.81 5.02 2.77 0.69 5.12 6.59 9.14 * Rate in column 3 does not include surcharge. For information about the surcharge, see section 13B.

131 Workers’ Compensation Regulation 1992 SCHEDULE 2 (continued) PART 5—PRESCRIBED DISFIGUREMENT Division 1—Preliminary ˙ Application of pt 5 1.(1) This part deals with prescribed disfigurement. (2) The maximum lump sum compensation payable for prescribed disfigurement is $50 000. (3) However, most injuries entitle an injured worker to a lesser amount only, and accordingly each injury listed in this part shows both the percentage of permanent impairment that may result from the injury and the maximum lump sum compensation payable for the injury. ˙ How to use this part of the table 2.(1) Division 2 lists prescribed disfigurements. (2) Prescribed disfigurements resulting from injury are stated in column 2, the maximum percentage of permanent impairment resulting from the disfigurement is stated in column 3, 13 and the maximum lump sum compensation for the disfigurement is stated in column 4. 13 The actual percentage of permanent impairment resulting from the prescribed disfigurement must be assessed having regard to the severity of the prescribed disfigurement—see section 140(3) of the Act(Entitlement to additional compensation).

132 Workers’ Compensation Regulation 1992 SCHEDULE 2 (continued) Division 2—Prescribed disfigurement Column 1 Code No. Column 2 Injury 5100 PRESCRIBED DISFIGUREMENT Column 3 Column 4 Maximum Maximum % of lump sum permanent compensation impairment $ 5101 5102 5103 5104 5105 5106 Mild almost invisible linear scarring following surgery or trauma in lines of election to any part(s) of the body with minimal discolouration, normal texture and elevation . . . . . . . . . . . . . . . . . . . . Moderate linear scarring following surgery or trauma crossing lines of election to any part(s) of the body with minimal discolouration, normal texture and elevation . . . . Moderate to severe linear scarring following surgery or trauma in or crossing lines of election to any part(s) of the body. Discoloured, indurated, atrophic or hypertrophic Area scarring to any part(s) of the body following surgery or trauma. Atrophic or hypertrophic, markedly discoloured . . . . . . . . . Depressed cheek, nasal or frontal bones following trauma . . . . . . . . Loss of or severe deformity of outer ear . . . . . . . . . . . . . . . . . . . . 0 2 10 20 35 40 0 1 000 5 000 10 000 17 500 20 000

133 Workers’ Compensation Regulation 1992 SCHEDULE 2 (continued) 5107 5108 5109 Severe, bilateral gross facial deformity following burns or other trauma . . . . . . . . . . . . . . . . . . . . . Loss of entire nose . . . . . . . . . . . . Gross scarring following burns to multiple body areas. Some areas healing spontaneously and some requiring grafting. Gross scarring at the burn and donor sites. Outcome resulting in fragile, dry, cracking skin at graft sites necessitating the need for wearing of special garments. Severe cases resulting in loss of sweat glands and lack of sweating leading to the necessity to be in a continuous air conditioned environment . . . . . . . 50 50 100 25 000 25 000 50 000 PART 6—PSYCHIATRIC OR PSYCHOLOGICAL INJURIES ˙ Application of pt 6 1.(1) This part deals with psychiatric or psychological injuries. (2) The maximum lump sum compensation payable for a psychiatric or psychological injury is $100 000. (3) However, most injuries will entitle an injured worker to a lesser amount. ˙ Interaction between this part and the AMA guide 2.(1) Permanent impairment resulting from a psychiatric or

134 Workers’ Compensation Regulation 1992 SCHEDULE 2 (continued) psychological injury must be assessed under the AMA guide. (2) Permanent impairment resulting from an injury must be expressed as a percentage of permanent impairment of the whole person. (3) The percentage of permanent impairment so expressed is taken to be the degree of permanent impairment for this part. (4) For section 43 of the regulation, the relevant provision of the AMA guide is chapter 14. ˙ Formula to be used for deciding lump sum compensation for permanent impairment 3.(1) The following formula is to be used to work out the amount of lump sum compensation payable for psychiatric or psychological injuries— DPI x MLSC 100 (2) In this section— “DPI” means the assessed degree of permanent impairment resulting from the injury. “MLSC” means the maximum lump sum compensation payable under this part.

135 Workers’ Compensation Regulation 1992 ¡ SCHEDULE 3 GRADUATED SCALE OF ADDITIONAL COMPENSATION FOR SPINAL CORD INJURY OR CHRONIC ORGANIC BRAIN SYNDROME section 45 ˙ Graduated scale 1. This schedule contains the graduated scale for additional compensation for spinal cord injury or chronic organic brain syndrome. ˙ How to use the graduated scale 2.(1) The percentage of permanent impairment from spinal cord injury or chronic organic brain syndrome shown in column 1 of the graduated scale corresponds to the percentage of permanent impairment from spinal cord injury or chronic organic brain syndrome under schedule 2, part 4. (2) A worker who sustains a percentage of permanent impairment from spinal cord injury or chronic organic brain syndrome shown in column 1 is entitled to additional lump sum compensation in the amount shown for the corresponding entry in column 2.

136 Workers’ Compensation Regulation 1992 SCHEDULE 3 (continued) GRADUATED SCALE Column 1 % Permanent impairment of whole person Column 2 Additional lump sum compensation $ 50 . . . . . . . . . . . . . . . . . . . . . . . . . . 51 . . . . . . . . . . . . . . . . . . . . . . . . . . 52 . . . . . . . . . . . . . . . . . . . . . . . . . . 53 . . . . . . . . . . . . . . . . . . . . . . . . . . 54 . . . . . . . . . . . . . . . . . . . . . . . . . . 55 . . . . . . . . . . . . . . . . . . . . . . . . . . 56 . . . . . . . . . . . . . . . . . . . . . . . . . . 57 . . . . . . . . . . . . . . . . . . . . . . . . . . 58 . . . . . . . . . . . . . . . . . . . . . . . . . . 59 . . . . . . . . . . . . . . . . . . . . . . . . . . 60 . . . . . . . . . . . . . . . . . . . . . . . . . . 61 . . . . . . . . . . . . . . . . . . . . . . . . . . 62 . . . . . . . . . . . . . . . . . . . . . . . . . . 63 . . . . . . . . . . . . . . . . . . . . . . . . . . 64 . . . . . . . . . . . . . . . . . . . . . . . . . . 65 . . . . . . . . . . . . . . . . . . . . . . . . . . 66 . . . . . . . . . . . . . . . . . . . . . . . . . . 67 . . . . . . . . . . . . . . . . . . . . . . . . . . 68 . . . . . . . . . . . . . . . . . . . . . . . . . . 3 846 7 692 11 538 15 385 19 231 23 077 26 923 30 769 34 615 38 462 42 308 46 154 50 000 53 846 57 692 61 538 65 385 69 231 73 077

137 Workers’ Compensation Regulation 1992 SCHEDULE 3 (continued) 69 . . . . . . . . . . . . . . . . . . . . . . . . . . 76 923 70 . . . . . . . . . . . . . . . . . . . . . . . . . . 80 769 71 . . . . . . . . . . . . . . . . . . . . . . . . . . 84 615 72 . . . . . . . . . . . . . . . . . . . . . . . . . . 88 462 73 . . . . . . . . . . . . . . . . . . . . . . . . . . 92 308 74 . . . . . . . . . . . . . . . . . . . . . . . . . . 96 154 75–100 . . . . . . . . . . . . . . . . . . . . . . 100 000

138 Workers’ Compensation Regulation 1992 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 8 Provisions that have not commenced and are not incorporated into reprint . 143 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the ReprintsAct1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 30 July 1996. Future amendments of the Workers’ Compensation Regulation 1992 may be made in accordance with this reprint under the ReprintsAct1992, section 49.

139 Workers’ Compensation Regulation 1992 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes an arabic letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 to SL No. 222 of 1993 27 July 1993 2 to SL No. 249 of 1994 15 July 1994 3 to SL No. 171 of 1995 3 August 1995 4 to SL No. 353 of 1995 1 January 1996 ´ 5 Tables in earlier reprints Name of table TABLES IN EARLIER REPRINTS Changed names and titles Corrected minor errors Reprint No. 4 3, 4

140 Workers’ Compensation Regulation 1992 ´ 6 List of legislation Workers’ Compensation Regulation 1992 SL No. 156 notfd gaz 19 June 1992 p 1451 ss 1–2 commenced on date of notification (see s 2(1)) remaining provisions commenced 1 July 1992 (see s 2(2)) as amended by— Workers’ Compensation Amendment Regulation (No. 1) 1993 SL No. 222 notfd gaz 18 June 1993 pp 985–9 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 1993 (see s 2) Workers’ Compensation Amendment Regulation (No. 1) 1994 SL No. 249 notfd gaz 1 July 1994 pp 1170–77 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 1994 (see s 2) Workers’ Compensation Amendment Regulation (No. 2) 1994 SL No. 248 notfd gaz 1 July 1994 pp 1170–77 commenced on date of notification Workers’ Compensation Amendment Regulation (No. 3) 1994 SL No. 280 notfd gaz 22 July 1994 pp 1445–6 commenced on date of notification Workers’ Compensation Amendment Regulation (No. 1) 1995 SL No. 171 notfd gaz 9 June 1995 pp 1165–71 ss 4, 6–7, 9(2)–(3) commenced 1 July 1995 (see s 3) remaining provisions commenced on date of notification Workers’ Compensation Amendment Regulation (No. 2) 1995 SL No. 353 notfd gaz 8 December 1995 pp 1449–53 ss 1–2 commenced on date of notification s 16(2)–(3) commenced 1 July 1996 (see s 2(2)) remaining provisions commenced 1 January 1996 (see s 2(1)) Workers’ Compensation Amendment Regulation (No. 1) 1996 SL No. 161 notfd gaz 28 June 1996 pp 1164–70 ss 1–2 commenced on date of notification remaining provisions commence on the day the Education(WorkExperience)Act 1996 s 8 commences (see s 2) ´ 7 List of annotations Commencement s 2 om R3 (see RA s 37) Repeal s 3 om R1 (see RA s 40)

141 Workers’ Compensation Regulation 1992 Definitions prov hdg sub 1995 SL No. 353 s 4(1) s 4 def “actual expenditure on account of wages” ins 1995 SL No. 353 s 4(3) def “AMA guide” ins 1995 SL No. 353 s 4(3) def “applicant” sub 1995 SL No. 353 s 4(2)–(3) def “approved ambulance service” om 1995 SL No. 171 s 4 def “due date” ins 1995 SL No. 353 s 4(3) def “household worker” om 1995 SL No. 353 s 4(2) def “hearing loss tables” ins 1995 SL No. 353 s 4(3) def “lower extremity” ins 1995 SL No. 353 s 4(3) def “ophthalmologists guide” ins 1995 SL No. 353 s 4(3) def “permanent impairment” ins 1995 SL No. 353 s 4(3) def “prescribed form” om 1995 SL No. 353 s 4(2) def “schedule of rates” sub 1995 SL No. 353 s 4(2)–(3) def “upper extremity” ins 1995 SL No. 353 s 4(3) def “wages” amd 1995 SL No. 353 s 4(4) Forms s 5 om 1995 SL No. 353 s 5 Application for policy s 6 sub 1995 SL No. 353 s 6 Information as to wages or contracts s 7 om 1995 SL No. 171 s 5 Policies and renewals s 8 amd 1995 SL No. 171 s 6; 1995 SL No. 353 s 7 Assessment of premium s 9 amd 1995 SL No. 171 s 7; 1995 SL No. 353 s 8 Value of board and lodging s 10 sub 1995 SL No. 353 s 9 Payment of premium s 11 sub 1995 SL No. 171 s 8 Additional premium for late payment s 12 amd 1995 SL No. 353 s 10 Adjustment and variation of premium s 13 amd 1994 SL No. 248 s 3 amd 1995 SL No. 171 s 9; 1995 SL No. 353 ss 11, 3 sch Demerit charges s 13A ins 1995 SL No. 353 s 12 Surcharge s 13B ins 1995 SL No. 353 s 12 Records to be kept s 16 amd 1995 SL No. 171 s 10

142 Workers’ Compensation Regulation 1992 Application for compensation s 18 amd 1995 SL No. 353 s 3 sch Medical practitioner’s certificate s 19 amd 1995 SL No. 353 s 3 sch Where medical practitioner not available s 20 amd 1995 SL No. 353 s 3 sch Basis for working out amount worker may earn before pension is reduced s 25A ins 1995 SL No. 171 s 11 om 1995 SL No. 353 s 13 Basis for fixing lump sum compensation for injury resulting in permanent impairment s 26 sub 1995 SL No. 353 s 13 Procedure for hearing s 27 amd 1995 SL No. 353 s 3 sch Insurance of work experience students s 33 sub 1996 SL No. 161 s 4 Insurance of industry placement students s 34 sub 1996 SL No. 161 s 4 Premium for special groups insurance s 36 amd 1995 SL No. 353 s 14 Report of injury s 37 amd 1995 SL No. 353 s 3 sch False or misleading forms s 40 amd 1995 SL No. 353 s 3 sch Appeals under the Act, s 182D(3)(a) s 42 ins 1995 SL No. 353 s 15 Table of injuries s 43 ins 1995 SL No. 353 s 15 Assessing degree of permanent impairment from multiple injuries using the table of injuries s 44 ins 1995 SL No. 353 s 15 Additional compensation for certain injuries s 45 ins 1995 SL No. 353 s 15 SCHEDULE 1—SCHEDULE OF RATES Definitions s 1 prov hdg sub 1995 SL No. 353 s 16(1) Minimum premium s 5 amd 1993 SL No. 222 s 4(1); 1994 SL No. 249 s 4(1); 1995 SL No. 353 s 16(2)

143 Workers’ Compensation Regulation 1992 Household workers s 6 ins 1995 SL No. 353 s 16(3) Table sub 1993 SL No. 222 s 4(2); 1994 SL No. 249 s 4(2); 1994 SL No. 280 s 3; 1995 SL No. 353 s 16(4) amd 1996 SL No. 161 s 5 SCHEDULE 2—TABLE OF INJURIES ins 1995 SL No. 353 s 17 PART 3—SPECIAL PROVISION INJURIES Application of pt 3 s 1 amd 1996 SL No. 161 s 6 PART 4—OTHER INJURIES amd 1996 SL No. 161 s 6 SCHEDULE 3—GRADUATED SCALE OF ADDITIONAL COMPENSATION FOR SPINAL CORD INJURY OR CHRONIC ORGANIC BRAIN SYNDROME ins 1995 SL No. 353 s 17 ´ 8 Provisions that have not commenced and are not incorporated into reprint The following provisions are not incorporated in this reprint because they had not commenced before the reprint date (see Reprints Act 1992, s 5(c)). Workers’ Compensation Amendment Regulation (No. 1) 1996 SL No. 161 ss 4–6 read as follows— Replacement of ss 33 and 34 4. Sections 33 and 34— omit, insert— ‘ Insurance of work experience students ‘33.(1) In this section— “corporation” means the corporation sole of the Minister established under the Education (General Provisions) Act 1989 . “educational establishment” has the meaning given in the Education(Work Experience) Act 1996 , section 5.

144 Workers’ Compensation Regulation 1992 “student” has the meaning given in the Education (Work Experience) Act1996 , section 3. “work experience” has the meaning given in the Education(WorkExperience) Act 1996 , section 4. “work experience place” means a place where work experience is, or is to be, provided for a student. ‘ (2) The board may enter into a contract of insurance with an educational establishment or the corporation to insure the educational establishment or the corporation against liability for compensation for injury to a student arising out of work experience. ‘ (3) Unless subsection (4) applies, an injury suffered by a student is taken to arise out of, or in the course of, work experience if the injury happens— (a) at the work experience place; or (b) while the student is travelling between the student’s place of abode or educational establishment and the work experience place; or (c) while the student is travelling between a place mentioned in paragraph (b) and another place, or is at the other place, to do— (i) any of the following in relation to an injury for which the student is entitled to compensation under this section— • obtain a certificate from a registered person • receive medical treatment or advice or hospital attention or advice • receive payment of compensation; or (ii) any of the following under the Act— • be examined by a registered person • undergo rehabilitation. ‘ (4) An injury suffered by a student is taken not to arise out of, or in the course of, work experience if the injury happens— (a) after substantial delay (other than from circumstances beyond the student’s control) in starting to travel—

145 Workers’ Compensation Regulation 1992 (i) from a work experience place to the student’s place of abode or educational establishment; or (ii) from another place mentioned in subsection (3)(c) to the work experience place or the student’s place of abode or educational establishment; or (b) during or after a substantial interruption to or deviation from, and before completion of, travelling mentioned in subsection (3) (other than an interruption or deviation from circumstances beyond the student’s control). ‘ (5) Insurance cover provided under a contract of insurance under this section is limited to compensation for injury prescribed under part 9 of the Act but does not include— (a) payment in relation to total or partial incapacity for work resulting from the injury; and (b) payment for medical treatment, hospitalisation or hospital attention, rehabilitation or a prosthesis, or for travelling expenses incurred in connection with any of these matters. ‘ (6) Also, the insurance cover does not extend to paying damages for injury suffered by a student in circumstances creating, independently of the Act or this section, a legal liability in any person to pay damages for the injury. ‘ (7) The board has no liability under a contract of insurance entered under this section unless— (a) the premium assessed for the contract has been paid in full; or (b) the contract is a non-policy compensation arrangement. ‘ Insurance of industry placement students ‘ 34.(1) In this section— “college” has the meaning given in the Vocational Education and Training(Industry Placement) Act 1992 , section 4. “industry placement” has the meaning given in the Vocational Educationand Training (Industry Placement) Act 1992 , section 8, but does not include a paid industry placement.

146 Workers’ Compensation Regulation 1992 “industry placement place” means a place where industry placement is, or is to be, provided for a student. “student” has the meaning given in the VocationalEducationandTraining (Industry Placement) Act 1992 , section 4. ‘ (2) The board may enter into a contract of insurance with a college to insure the college against liability for compensation for injury to a student arising out of an industry placement. ‘ (3) Unless subsection (4) applies, an injury suffered by a student is taken to arise out of, or in the course of, an industry placement if the injury happens— (a) at the industry placement place; or (b) while the student is travelling between the student’s place of abode or college and the industry placement place; or (c) while the student is travelling between a place mentioned in paragraph (b) and another place, or is at the other place, to do— (i) any of the following in relation to an injury for which the student is entitled to compensation under this section— • obtain a certificate from a registered person • receive medical treatment or advice or hospital attention or advice • receive payment of compensation; or (ii) any of the following under the Act— • be examined by a registered person • undergo rehabilitation. ‘ (4) An injury suffered by a student is taken not to arise out of, or in the course of, an industry placement if the injury happens— (a) after substantial delay (other than from circumstances beyond the student’s control) in starting to travel— (i) from an industry placement place to the student’s place of abode or college; or (ii) from another place mentioned in subsection (3)(c) to the industry placement place or the student’s place of abode or

147 Workers’ Compensation Regulation 1992 college; or (b) during or after a substantial interruption to or deviation from, and before completion of, travelling mentioned in subsection (3) (other than an interruption or deviation from circumstances beyond the student’s control). ‘ (5) Insurance cover provided under a contract of insurance under this section is limited to compensation for injury prescribed under part 9 of the Act but does not include— (a) payment in relation to total or partial incapacity for work resulting from the injury; and (b) payment for medical treatment, hospitalisation or hospital attention, rehabilitation or a prosthesis, or for travelling expenses incurred in connection with any of these matters. ‘ (6) Also, the insurance cover does not extend to paying damages for injury suffered by a student in circumstances creating, independently of the Act or this section, a legal liability in any person to pay damages for the injury. ‘ (7) The board has no liability under a contract of insurance entered under this section unless— (a) the premium assessed for the contract has been paid in full; or (b) the contract is a non-policy compensation arrangement.’. Amendment of sch 1 (Schedule of rates) 5. Schedule 1, table, item 451100— omit, insert— ‘451100 (h) Education (WorkExperience) Act 1996 (section 33 of the regulation) . . . . . . . . . . . 3.00 for each student for a year or part of a year

452200 148 Workers’ Compensation Regulation 1992 (i) Vocational Education andTraining (IndustryPlacement) Act 1992 (section 34 of the regulation) . . . . . . . . . . . 3.00 for each student for a year or part of a year’. Amendment of sch 2 (Table of injuries) 6.(1) Schedule 2, part 3, division 1, section 1(3), ‘$42 730’— omit, insert— ‘$40 730’. (2) Schedule 2, part 4, division 2, heading ‘Lumbrosacral spine’— omit, insert— ‘ Lumbosacral spine ’. © State of Queensland 1996