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This is a Bill, not an Act. For current law, see the Acts databases.
An Act to amend the Further Education and Training Act 2014, the TAFE Queensland Act 2013, the Workers’ Compensation and Rehabilitation Act 2003 and the Workers’ Compensation and Rehabilitation Regulation 2014 for particular purposes, and to repeal the Commonwealth Games Arrangements Act 2011
The Parliament of Queensland enacts—
This Act may be cited as the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2019.
The following provisions commence on 1 July 2020—
(a) sections 39, 40, 42 to 44, 48 to 50, 54 to 58 and 63;
(b) section 77 to the extent it inserts section 739;
(c) sections 78 and 79;
(d) part 5.
This part amends the Further Education and Training Act 2014.
Section 17 (5) (f) (ii), from ‘assessment’—
omit, insert—
employer resource assessment; and
(1) Section 23 —insert—(3A) If the apprentice or trainee is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee.(3B) However, subsection (4) does not apply if it would be inappropriate in all the circumstances for a parent to sign the application.
(2) Section 23 (5), ‘(4)’—omit, insert—(6)
(3) Section 23 (3A) to (9) —renumber as section 23 (4) to (11).
Before section 30 —
insert—
After section 32 —
insert —
32A Application for suspension of registered training contract by one party to the contract(1) A party to a registered training contract may apply to the chief executive to suspend the contract for a period not exceeding 1 year if the party reasonably believes that the other party to the contract can not, under section 30, agree to a proposed suspension.(2) The application must be in the approved form and state the following—(a) the reasons for the proposed suspension, including why the applicant believes the other party can not agree to the suspension;(b) the period of the proposed suspension;(c) the day the proposed suspension is to take effect, being not less than 7 days after the application is given to the chief executive.(3) If the apprentice or trainee is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee.(4) However, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent.
32B Chief executive may request further information(1) Within 21 days after receiving the application, the chief executive may give the applicant a written notice asking for further information the chief executive reasonably requires to decide the application.(2) The notice must state a reasonable period, of at least 14 days after the day the notice is given, for the applicant to comply with the notice.(3) The chief executive must consider any information given by the applicant within the period stated in the notice.(4) The applicant is taken to have withdrawn the application if the applicant does not comply with the notice.
32C Show cause notice before suspension of registered training contract(1) The chief executive must give each party to the registered training contract a notice (a
"show cause notice") stating the following—(a) that an application has been made under section 32A;(b) the reasons stated in the application for the proposed suspension;(c) if the chief executive proposes to suspend the contract—(i) the period of the proposed suspension; and(ii) the day the proposed suspension is to take effect;(d) if the chief executive proposes not to suspend the contract—the reasons for the decision;(e) that the party may, within 14 days after the show cause notice is given, give the chief executive a written response to the proposed suspension.(2) Also, if the apprentice or trainee is under 18 years, the chief executive must give the show cause notice to the parent of the apprentice or trainee.(3) However, subsection (1) does not apply if the chief executive reasonably considers it is not practicable to give a show cause notice to the party.(4) Also, subsection (2) does not apply if it would be inappropriate in all the circumstances for the chief executive to give the show cause notice to the parent of the apprentice or trainee.
32D Decision about suspension(1) After having regard to the reasons stated in the application and, if a show cause notice was given, any written responses to the notice made under section 32C(1)(e), the chief executive must decide—(a) if satisfied that a party can not perform the party’s obligations under the training contract—to suspend the contract; or(b) otherwise—not to suspend the contract.(2) The chief executive must give each party an information notice about the decision.(3) If the chief executive decides to suspend the training contract the information notice must state—(a) the period of the suspension; and(b) the day the suspension takes effect.
Chapter 2, part 2 —
insert—
32E Application for temporary suspension of registered training contract(1) This section applies if an employer of an apprentice or trainee temporarily can not provide the training stated in the training plan for the apprentice or trainee.(2) The employer may apply to the chief executive for approval to temporarily suspend the registered training contract for a period of no more than 30 days.(3) The application must be in the approved form and state—(a) the reasons for the proposed temporary suspension; and(b) the period of the proposed temporary suspension.(4) The employer must give a copy of the application to the employer’s apprentice or trainee inviting the apprentice or trainee to make a submission to the chief executive, within 5 days, in relation to the proposed temporary suspension.
32F Decision about temporary suspension(1) Within 7 days after receiving the application, the chief executive must decide the application.(2) After having regard to the reasons stated in the application and any submissions made under section 32E(4), the chief executive must decide—(a) if satisfied the employer can not provide the training to the apprentice or trainee under the training contract—to approve the application; or(b) otherwise—not to approve the application.(3) The chief executive must give each party an information notice about the decision.(4) If the chief executive approves the application, the information notice must state the following—(a) the maximum period, of not more than 30 days, over which the training contract may be suspended;(b) the time during the maximum period, or a part of the period, the employer may stand down the apprentice or trainee;(c) the day the period starts.(5) If the training contract is temporarily suspended, the employer may stand down the apprentice or trainee unless the employer and the apprentice or trainee otherwise agree.(6) The employer may stand down the apprentice or trainee without pay under this section only in accordance with the information notice from the chief executive.
Chapter 2, part 2, division 6, subdivision 1, heading, before ‘parties’—
insert—
all
Chapter 2, part 2, division 6 —
insert—
35A Application to cancel registered training contract by one party(1) A party to a registered training contract may apply to the chief executive to cancel the contract if the party believes—(a) the party can not successfully complete the party’s obligations under the contract; or(b) the other party can not successfully complete the other party’s obligations under the contract.(2) The application must be in writing and—(a) must state the following—(i) the reasons for the proposed cancellation;(ii) the day the proposed cancellation is to take effect, being not less than 7 days after the application is given to the chief executive; and(b) may include material in support of the application.
35B Chief executive may request further information(1) Within 21 days after receiving the application, the chief executive may give an applicant a written notice asking for further information the chief executive reasonably requires to decide the application.(2) The notice must state a reasonable period of at least 14 days after the day the notice is given for the applicant to comply with the notice.(3) The chief executive must consider any information given by the applicant within the period stated in the notice.(4) The applicant is taken to have withdrawn the application if the applicant does not comply with the notice.
35C Show cause notice before deciding to cancel(1) The chief executive must give each party to the registered training contract a notice (a
"show cause notice") stating the following—(a) that an application has been made under section 35A;(b) the reasons, as stated in the application, for the proposed cancellation;(c) if the chief executive proposes to cancel the contract—(i) the reasons for the decision; and(ii) the day the cancellation takes effect;(d) if the chief executive proposes not to cancel the contract—the reasons for the decision;(e) that the party may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.(2) Also, if the apprentice or trainee is under 18 years, the chief executive must give the show cause notice to the parent of the apprentice or trainee.(3) However, subsection (2) does not apply if it would be inappropriate in all the circumstances for the chief executive to give the show cause notice to the parent of the apprentice or trainee.
35D Decision about cancellation(1) After having regard to the reasons stated in the application and any written responses made under section 35C(1)(e), the chief executive must decide—(a) if satisfied that a party to the training contract can not successfully complete the party’s obligations under the contract—to cancel the contract; or(b) otherwise—not to cancel the contract.(2) The chief executive must give each party an information notice about the decision.(3) If the chief executive decides to cancel the training contract the information notice must state the day the cancellation takes effect.
35E Cancellation in response to application If a registered training contract is cancelled under section 35D, the apprenticeship or traineeship of the person who was the apprentice or trainee ends on the day the contract is cancelled.
(1) Section 36 (i) —omit, insert—(i) the apprentice or trainee is no longer employed by the employer and it is at least 21 days since the employment ceased;
(2) Section 36 —insert —(2) The chief executive must not cancel a registered training contract under subsection (1)(i) if—(a) the chief executive has received notice of a contested event under section 58A; and(b) the contested event has not been finalised.
Section 38 (1) (b), ‘ section 36 ’—
omit, insert—
section 36(1)
Chapter 2, part 2 —
insert—
40A Definitions for division In this division—
"cancelled contract" means a registered training contract that was cancelled under division 6.
"reinstatement decision" means a decision of the industrial relations commission or fair work commission to reinstate the employment of the apprentice or trainee who was a party to a cancelled contract.
"relevant entity" means—(a) each person that was a party to a cancelled contract; and(b) the supervising registered training organisation for the apprentice or trainee who was a party to the cancelled contract.
40B Application of division This division applies if the industrial relations commission or fair work commission makes a reinstatement decision.
40C Obligation to notify chief executive of relevant decision Each person that was a party to a cancelled contract must, as soon as possible after becoming aware of the reinstatement decision, notify the chief executive of the decision.
40D Notice of re-registration of training contract after relevant decision The chief executive must, as soon as practicable after receiving a notice under section 40C—(a) re-register the training contract; and(b) provide each relevant entity with a written notice stating the following—(i) that the chief executive has re-registered the cancelled contract as a registered training contract;(ii) that the nominal term of the re-registered training contract is extended by the period the contract was cancelled before being re-registered under paragraph (a);(iii) the date the nominal term ends taking into account the period of extension under subparagraph (ii);(iv) that the training plan for the apprentice or trainee under the cancelled contract continues in force unless the parties enter into a new training plan.
After section 50 —
insert —
50A Application for completion certificate(1) This section applies if a supervising registered training organisation has stopped operating as a registered training organisation before a completion agreement is signed by the parties to a registered training contract.(2) The parties may apply to the chief executive for the issue of a completion certificate.(3) The application must be in the approved form and include—(a) evidence that the apprentice or trainee has completed all training and assessment required under the training plan for the apprentice or trainee; and(b) if the apprentice or trainee is under 18 years—the signed consent of a parent of the apprentice or trainee.(4) However, subsection (3)(b) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent.(5) The chief executive may issue the completion certificate only if satisfied the apprentice or trainee has completed the apprenticeship or traineeship in accordance with this Act.
Section 58 (1) —
insert —
(e) the apprentice or trainee has—(i) made an application for unfair dismissal under the Fair Work Act 2009 (Cwlth), section 394; or(ii) made an application for reinstatement under the Industrial Relations Act 2016, section 317; or(iii) commenced another proceeding contesting the cessation of employment.
After section 58 —
insert—
58A Apprentice or trainee must report contested event(1) This section applies if the employment of an apprentice or trainee has ceased and any of the following events (each a
"contested event") happens—(a) the apprentice or trainee makes an application for unfair dismissal under the Fair Work Act 2009 (Cwlth), section 394;(b) the apprentice or trainee makes an application for reinstatement under the Industrial Relations Act 2016, section 317;(c) the apprentice or trainee commences another proceeding contesting the cessation of employment.(2) The apprentice or trainee must give the chief executive notice of the contested event within 21 days after the employment of the apprentice or trainee ceased.
After section 66 —
insert—
66A Supervising registered training organisation must complete employer resource assessment(1) This section applies to the supervising registered training organisation for an apprentice or trainee in relation to the apprentice’s or trainee’s training plan.(2) The organisation must—(a) complete an employer resource assessment in the approved form for the apprentice’s or trainee’s training plan; and(b) regularly review and, if necessary, revise the employer resource assessment during the period of the training plan; and(c) on request, give the chief executive a copy of the most recent employer resource assessment completed for the training plan.Maximum penalty—80 penalty units
Before section 77 —
insert—
After section 79 —
insert—
Section 80, ‘only’—
omit.
After section 81 —
insert—
After section 82 —
insert—
82A Application by one party to change a training plan(1) If a party to a training plan considers an apprentice or trainee has not made sufficient progress to achieve the qualification or statement of attainment under the training plan, the party may apply to the chief executive to change the mode of delivery of the training plan.(2) The application must be in the approved form and state the following—(a) the proposed change to the mode of delivery of the training plan;(b) the reasons for the proposed change.(3) If the apprentice or trainee makes the application and is under 18 years, the application must include the signed consent of a parent of the apprentice or trainee.(4) However, subsection (3) does not apply if it would be inappropriate in all the circumstances for a parent to give signed consent.
82B Chief executive may request further information(1) Within 21 days after receiving the application, the chief executive may give the applicant a written notice asking for further information the chief executive reasonably requires to decide the application.(2) The notice must state a reasonable period of at least 14 days after the day the notice is given for the applicant to comply with the notice.(3) The chief executive must consider any information given by the applicant within the period stated in the notice.(4) The applicant is taken to have withdrawn the application if the applicant does not comply with the notice.
82C Show cause notice before changing a training plan If the chief executive proposes to change the mode of delivery of the training plan the chief executive must give each party to the registered training contract a notice (a
"show cause notice") stating the following—(a) that an application has been made under section 82A;(b) the reasons, as stated in the application, for the proposed change;(c) the reasons the chief executive proposes to change the training plan;(d) the proposed change to the mode of delivery of the training plan;(e) the day the proposed change is to take effect;(f) that the party may, within 14 days after the notice is given, give the chief executive a written response to the proposed change.
82D Decision about changing a training plan(1) After having regard to the reasons stated in the application and, if a show cause notice was given under section 82C, any written responses made under section 82C(f), the chief executive must decide—(a) if satisfied the change to the mode of delivery of the training plan is necessary to assist the apprentice or trainee make the required progress to achieve the qualification or statement of attainment under the training plan—to change the mode of delivery of the training plan; or(b) otherwise—not to change the mode of delivery of the training plan.(2) The chief executive must give each party a written notice about the decision.(3) If the chief executive decides to change the mode of delivery of the training plan, the written notice must state—(a) the change; and(b) the date the change takes effect, being not less than 14 days after the day the notice is given to the parties.
82E Chief executive may change training plan without application by the parties The chief executive may decide to change the mode of delivery of the training plan if the chief executive is satisfied the change is necessary to assist an apprentice or trainee to achieve the qualification or statement of attainment under the apprentice’s or trainee’s training plan.
82F Show cause notice before changing a training plan If the chief executive proposes to change the mode of delivery of the training plan, the chief executive must give each party to the registered training contract a notice (a
"show cause notice") stating the following—(a) that the chief executive proposes to change the training plan;(b) the reasons the chief executive proposes to change the training plan;(c) the proposed change to the mode of delivery of the training plan;(d) the day the proposed change is to take effect;(e) that the party may, within 14 days after the notice is given, give the chief executive a written response to the proposed change.
82G Decision about changing a training plan(1) After having regard to any written responses made under section 82F(e), the chief executive must decide—(a) if satisfied the change to the mode of delivery of the training plan is necessary to assist the apprentice or trainee make the required progress to achieve the qualification or statement of attainment under the training plan—to change the mode of delivery of the training plan; or(b) otherwise—not to change the mode of delivery of the training plan.(2) The chief executive must give each party a written notice about the decision.(3) If the chief executive decides to change the mode of delivery of the training plan, the written notice must state—(a) the change; and(b) the date the change takes effect, being not less than 14 days after the day the notice is given to the parties.
82H Supervising registered training organisation’s obligation If a training plan is changed under subdivision 4 or 5 the supervising registered training organisation must take all reasonable steps to ensure the change is complied with by the parties to the plan.
Section 112A, definition,
"prescribed decision", paragraph (c), ‘23(4)’—
omit, insert—
23(6)
Section 168 (1) —
omit, insert—
(1) A person aggrieved by any of the following decisions may appeal to the industrial relations commission—
(a) a decision by the chief executive under section 32D;
(b) a decision by the chief executive under section 32F;
(c) a decision by the chief executive to cancel a registered training contract under section 35D;
(d) a decision by the chief executive to cancel a registered training contract under section 36(1)(c), (e) or (h);
(e) a decision by the chief executive to cancel a completion certificate under section 53;
(f) a declaration by the chief executive that an employer is a prohibited employer under section 59;
(g) an order by the chief executive under section 42(2).
Section 208 —
insert—
(3) A declaration continued in force under subsection (2) expires on 1 July 2020.
Chapter 9 —
insert—
238 Application for extension of nominal term made but not decided before commencement(1) This section applies if —(a) before the commencement, an application to extend the nominal term of a registered training contract was made under section 23; and(b) immediately before the commencement, the chief executive had not decided the application.(2) The chief executive must decide the application under this Act as in force immediately before the commencement.
(1) Schedule 1 —insert—
"cancelled contract" see section 40A.
"contested event" see section 58A (1).
"employer resource assessment", for an apprentice or trainee, means a report about the capacity of the apprentice’s or trainee’s employer to provide or arrange to provide the range of work, facilities and supervision required under a training plan.
"fair work commission" means the Fair Work Commission under the Fair Work Act 2009 (Cwlth).
"reinstatement decision" see section 40A.
"relevant entity" see section 40A.
(2) Schedule 1, definition
"show cause notice", paragraphs (a) to (d) —omit, insert—(a) for chapter 2, part 2, division 5, subdivision 2—see section 32C(1); or(aa) for chapter 2, part 2, division 6, subdivision 1A—see section 35C(1); or(ab) for chapter 2, part 2, division 6, subdivision 2—see section 37(2); or(ac) for chapter 2, part 2, division 7—see section 43(2); or(ad) for chapter 2, part 2, division 8, subdivision 2—see section 52(2); or(ae) for chapter 2, part 2, division 10—see section 60(2); or(af) for chapter 2, part 4, division 2, subdivision 4—see section 82C; or(ag) for chapter 2, part 4, division 2, subdivision 5—see section 82F; or
(3) Schedule 1, definition
"show cause notice", paragraphs (aa) to (h) —renumber as paragraphs (b) to (l).
(4) Schedule 1, definition
"supervising registered training organisation" —insert—(aa) assesses an employer’s capacity to provide the supervision, facilities and training required under the training plan for an apprentice or trainee; and
(5) Schedule 1, definition
"supervising registered training organisation", paragraphs (aa) to (c) —renumber as paragraphs (b) to (d).
This part amends the TAFE Queensland Act 2013.
(1) Section 12 —insert—(2A) At least 1 member of the board must be an Aboriginal person or Torres Strait Islander.
(2) Section 12 (2A) and (3) —renumber as section 12 (3) and (4).
Part 6, heading, ‘for TAFE Queensland Act 2013’—
omit.
Before section 68 —
insert—
Part 6 —
insert—
70 Membership of the board on commencement(1) Despite section 12(3), if on the commencement the board does not consist of a member who is an Aboriginal person or a Torres Strait Islander the board is taken to be validly constituted.(2) Subsection (1) continues to apply until the first day on which, after the commencement, a member is appointed to the board.
This part amends the Workers’ Compensation and Rehabilitation Act 2003.
See also the amendments in schedule 1.
(1) Section 32 (1) —omit, insert—(1) An
"injury" is personal injury arising out of, or in the course of, employment if the employment is a significant contributing factor to the injury.
(2) Section 32 (3) (b) (i) and (iii), ‘other than a psychiatric or psychological disorder’—omit.
(3) Section 32 (3) (ba) —omit.
(4) Section 32 (4), ‘and (ba)’—omit.
Section 36F (b), ‘x-ray’—
omit, insert—
image
Section 39A (1), from ‘within’ to ‘diagnosed’—
omit.
Section 41 —
insert—
(2) A person is taken to be appropriately qualified to perform the functions of a rehabilitation and return to work coordinator under this Act if the person has completed a training course approved by the Regulator.
Section 42 (c), after ‘worker’—
insert—
as developed under section 220(5)
After section 63A —
insert—
63B Additional premium for interns(1) This section applies if an employer has an intern.(2) WorkCover may, from time to time, charge an additional premium on a policy issued to the employer in an amount that WorkCover considers necessary towards—(a) providing for compensation or damages payable for injury to the intern; and(b) covering the cost of administration of this Act in relation to the intern.
(1) Section 66 (1) (a) —omit, insert—(a) an employer who has, or is required to have, accident insurance; and
(2) Section 66 (2) and (5), ‘WorkCover’—omit, insert—the insurer
(3) Section 66 (3), ‘WorkCover’—omit, insert—The insurer
(4) Section 66 (6), ‘the payment made by it’—omit, insert—a payment made by it under subsection (5)
(1) Section 107 —insert—(2A) The percentage difference under subsection (2) (b) may be rounded to the nearest second decimal place.
(2) Section 107 (2A) and (3) —renumber as section 107 (3) and (4).
(3) Section 107, as amended and renumbered—relocate to chapter 1, part 4, division 1 and renumber as section 10A.
(1) Section 109 (3), ‘payable by WorkCover under the Act ’—omit, insert—payable under the Act by WorkCover
(2) Section 109 —insert—(3A) An employer who is a self-insurer can not pay a worker an amount, either in compensation or instead of compensation, that is payable under the Act by the employer as a self-insurer for an injury sustained by the worker.
(3) Section 109 (4), ‘who is not a self-insurer’—omit.
(4) Section 109 (4), ‘payable by WorkCover under the Act ’—omit, insert—payable under the Act by the employer as a self-insurer or WorkCover
(5) Section 109 (5), ‘ Subsection (4) applies only until WorkCover’—omit, insert—Subsection (5) applies only until the insurer
(6) Section 109 (3A) to (6) —renumber as section 109 (4) to (7).
(1) Section 128B (2) (a), ‘$200,000’—omit, insert—216.15 times QOTE
(2) Section 128B (2) (c), ‘up to $200,000’—omit, insert—no more than 216.15 times QOTE
Section 128G (1), ‘up to $120,000’—
omit, insert—
no more than 80.97 times QOTE
Section 128J (3) (c), ‘x-ray’—
omit, insert—
image
(1) Section 131 (1), after ‘for compensation’—insert—for an injury
(2) Section 131 (1), after ‘to compensation’—insert—for the injury
(3) Section 131 —insert—(4A) Also, an insurer may waive subsection (1) for a particular application if—(a) it is satisfied that a doctor, nurse practitioner or dentist has assessed the injury as resulting in total or partial incapacity for work; and(b) the claimant lodged the application within 20 business days after the first assessment under paragraph (a).
(4) Section 131 (4A) and (5) —renumber as section 131 (5) and (6).
Section 132 —
insert—
(6) An application for compensation is valid and enforceable if it complies with this section.
(1) Section 133 (1) and (2) —omit, insert—(1) An employer whose worker sustains an injury for which compensation may be payable must complete a report in the approved form and give the report to the insurer.(2) The employer must complete and give the report to the insurer immediately after the first of the following happens—(a) the employer knows the injury has been sustained;(b) the worker reports the injury to the employer;(c) the employer receives the insurer’s written request for the report.
(2) Section 133 (3), ‘any of the circumstances mentioned in subsection (2) ’—omit, insert—the first of the circumstances mentioned in subsection (2) happens
(3) Section 133 —insert—(4) In this section—
"insurer" means—(a) if the employer is a self-insurer—the person authorised by the employer as self-insurer to make a decision under section 134 on any claim for compensation for the injury; or(b) if the employer is not a self-insurer—WorkCover.
(1) Section 133A, heading, ‘WorkCover’—omit, insert—insurer
(2) Section 133A (1), ‘, other than a self-insurer, must give WorkCover’—omit, insert—must give the insurer
(3) Section 133A (1) (b), ‘payable by the employer or WorkCover under the Act ’—omit, insert—payable under the Act by the employer as a self-insurer or WorkCover
(4) Section 133A —insert—(3) In this section—
"insurer" means—(a) if the employer is a self-insurer—the person authorised by the employer as self-insurer to make a decision under section 134 on any claim for compensation for the injury; or(b) if the employer is not a self-insurer—WorkCover.
Section 140 (1), ‘$200,000’—
omit, insert—
216.15 times QOTE
(1) Section 141 (1), ‘worker is’—omit, insert—worker’s injury is
(2) Section 141 (2), after ‘compensation’—insert—for an injury
(3) Section 141 (4), ‘availability for’—omit, insert—entitlement to
Section 144B —
insert—
(2) Subsection (1) does not apply in relation to section 220 or part 5A.
Section 168 —
omit, insert—
168 Review of compensation
(1) If an insurer considers a person’s entitlement to compensation under this Act may have changed, the insurer may review the person’s entitlement to compensation under this Act.
(2) On the review, the insurer may terminate, suspend, decrease or increase the person’s entitlement to compensation under this Act. See also chapter 4A, part 4 for reviews of entitlement to compensation under that chapter.
Section 192 (2), ‘up to $218400’—
omit, insert—
no more than 216.15 times QOTE
Section 193 (6), ‘up to $226,555’—
omit, insert—
no more than 244.86 times QOTE
(1) Section 200 (2) (a), ‘$374,625’—omit, insert—404.87 times QOTE
(2) Section 200 (2) (aa), ‘$10,000’—omit, insert—10.83 times QOTE
(3) Section 200 (2) (b), ‘$20,000’—omit, insert—21.64 times QOTE
Section 202 (2) and (3) (a), ‘$22,500’—
omit, insert—
no more than 24.34 times QOTE
Section 205 (3) and (4) —
omit.
Section 208 —
insert—
(3) This section is subject to part 5A.
Chapter 4, part 3, division 1, heading, ‘Responsibility’—
omit, insert—
Insurer’s responsibility
Section 220 —
omit, insert—
220 Insurer’s responsibility for rehabilitation and return to work
(1) An insurer must take all reasonable steps to secure the rehabilitation and early return to suitable duties of—(a) workers who have an entitlement to compensation; and(b) workers who are participating in an accredited rehabilitation and return to work program of the insurer.Maximum penalty—50 penalty units.
(2) Without limiting subsection (1), an insurer—(a) may refer a worker who is receiving compensation for an injury to an accredited rehabilitation and return to work program of the insurer; and(b) must refer a worker who is receiving compensation for an injury, and has asked the insurer to be referred to a rehabilitation and return to work program, to an accredited rehabilitation and return to work program of the insurer; and(c) must refer a worker who has stopped receiving compensation for an injury under section 144A, 168 or 190(2), and has not returned to work because of the injury, to an accredited rehabilitation and return to work program of the insurer.
(3) However—(a) subsection (2)(b) and (c) does not apply if the insurer is satisfied the program is not able to further assist the worker with rehabilitation for the injury; and(b) subsection (2)(c) does not apply if the worker is already participating in an accredited rehabilitation and return to work program of the insurer.
(4) A worker who is referred under subsection (2) to an accredited rehabilitation and return to work program of an insurer is entitled to participate in the program until the first of the following happens—(a) the insurer is satisfied the worker is unwilling or unable to participate in the program;(b) the insurer is satisfied the program is not able to further assist the worker with rehabilitation for the injury;(c) the worker receives a payment of damages for the injury;(d) the worker receives a redemption payment for the injury;(e) the worker receives compensation for the injury for 5 years.
(5) An insurer must take all reasonable steps to coordinate the development and maintenance of rehabilitation and return to work plans for workers who have sustained an injury.
(6) If a worker is aggrieved by either of the following decisions of an insurer, the worker may have the decision reviewed under chapter 13—(a) a decision under subsection (3) to refuse the worker’s entitlement under subsection (2)(b) or (c) to be referred to an accredited rehabilitation and return to work program of the insurer;(b) a decision under subsection (4) that the worker is no longer entitled to participate in an accredited rehabilitation and return to work program of the insurer.
(7) In this section—
"rehabilitation and return to work plan", for a worker who has sustained an injury, means a written plan—(a) outlining the rehabilitation objectives for the worker and the steps required to achieve the objectives; and(b) developed in consultation with the worker, the worker’s employer and registered persons treating the worker.
Section 222 (4), after ‘compensation’—
insert—
or the payment of another amount relating to an accredited rehabilitation and return to work program of the insurer
(1) Section 226 —insert—(3A) The employer must give the insurer the prescribed details of a person appointed as a rehabilitation and return to work coordinator within 12 months after the appointment. Maximum penalty—50 penalty units.(3B) If the prescribed details of a person appointed as a rehabilitation and return to work coordinator change, the employer must, by written notice, tell the insurer about the change within 12 months after the change. Maximum penalty—50 penalty units.
(2) Section 226 —insert—(6) In this section—
"prescribed details", of a person appointed as a rehabilitation and return to work coordinator, means—(a) the person’s name and contact details; and(b) the details of how the person is appropriately qualified under 41(1)(a); and(c) the details of each workplace for which the person is appointed as the rehabilitation and return to work coordinator.
(3) Section 226 (5), ‘ subsection (4) ’—omit, insert—subsection (6)
(4) Section 226 (3A) to (6) —renumber as section 226 (4) to (8).
Section 228 —
omit, insert—
228 Employer’s obligation to assist or provide rehabilitation(1) The employer of a worker who has sustained an injury must take all reasonable steps to assist or provide the worker with rehabilitation during the prescribed period for the worker. Maximum penalty—50 penalty units.(2) The rehabilitation must be of a suitable standard as prescribed by regulation.(3) Without limiting subsection (1) or (2), the employer must cooperate with the insurer to enable the insurer to meet its obligations under section 220.(4) If an employer considers it is not practicable to provide the worker with suitable duties programs, as mentioned in section 40(2)(a)(i), the employer must give the insurer written evidence that it is not practicable.(5) In this section—
"prescribed period", for a worker who has sustained an injury, means the period that—(a) starts on the day the worker is injured; and(b) ends on the day the insurer’s responsibility for the worker’s rehabilitation ends under section 220.
Chapter 4 —
insert—
232AA Application of part(1) This part applies if a worker makes an application for compensation under section 132 for a psychiatric or psychological injury arising out of, or in the course of, employment.(2) However, this part does not apply if the worker has made an earlier application for compensation under section 132 for a psychiatric or psychological injury and the event that resulted in the injury the subject of the earlier application is the same, or substantially the same, as the event that resulted in the injury mentioned in subsection (1).
232AB Insurer’s responsibility for providing support to worker(1) The insurer must take all reasonable steps to provide reasonable services to support the worker in relation to the psychiatric or psychological injury during the prescribed period for the worker. mediation services, counselling services Maximum penalty—50 penalty units.(2) Without limiting subsection (1), if the services include medical treatment for the worker’s injury during the prescribed period for the worker, the insurer must pay—(a) for medical treatment by a registered person—the cost the insurer accepts as reasonable, having regard to the relevant table of costs; and(b) for nursing, medicines, or medical or surgical supplies—the cost the insurer accepts as reasonable.(3) However, the insurer is not required to pay—(a) the costs of nursing, medicines, or medical or surgical supplies that the worker receives as an in-patient at a hospital; or(b) the costs of hospitalisation of the worker.(4) If the worker’s application for compensation is allowed, a payment under this section by the insurer is taken to be a payment of compensation.(5) In this section—
"prescribed period", for a worker, means the period that—(a) starts on the day the worker makes an application for compensation under section 132 for a psychiatric or psychological injury arising out of, or in the course of, employment; and(b) ends on the day the insurer decides to allow or reject the application for compensation mentioned in paragraph (a).
Section 306M (1) (b), note—
omit.
Section 306R (2), note—
omit.
Chapter 5, part 9, division 5 —
omit.
Chapter 5 —
insert—
320A Application of division This division applies in relation to liability for damages.
320B Purpose of division The purpose of this division is to allow an individual to express regret about an incident that may give rise to an action for damages without being concerned that the expression of regret may be construed or used as an admission of liability on a claim or in a proceeding based on a claim arising out of the incident.
320C Meaning of expression of regret An
"expression of regret" made by an individual in relation to an incident alleged to give rise to an action for damages is any oral or written statement expressing regret for the incident to the extent that it does not contain an admission of liability on the part of the individual or someone else.
320D Expressions of regret are inadmissible An expression of regret made by an individual in relation to an incident alleged to give rise to an action for damages at any time before a civil proceeding in relation to the incident is started in a court is not admissible in the proceeding.
320E Application of division This division applies in relation to liability for damages.
320F Purpose of division The purpose of this division is to allow a person to make an apology about a matter without the apology being construed or used as an admission of liability for damages in relation to the matter.
320G Meaning of apology An
"apology" is an expression of sympathy or regret, or of a general sense of benevolence or compassion, in connection with any matter, whether or not it admits or implies an admission of fault in relation to the matter.
320H Effect of apology on liability(1) An apology made by or on behalf of a person in relation to any matter alleged to have been caused by the person—(a) does not constitute an express or implied admission of fault or liability for damages by the person in relation to the matter; and(b) is not relevant to the determination of fault or liability for damages in relation to the matter.(2) Evidence of an apology made by a person is not admissible in any civil proceeding as evidence of the fault or liability for damages of the person in relation to the matter.
(1) Section 383 (1) —insert—(ab) to fund and provide programs and incentives to encourage improved health and safety performance by employers;
(2) Section 383 (1) (ab) to (c) —renumber as section 383 (1) (b) to (d).
After section 385 —
insert—
385A WorkCover may fund and provide programs and incentives(1) WorkCover may fund and provide programs and incentives to encourage improved health and safety performance by employers.(2) Before acting under subsection (1), WorkCover must consult with—(a) the regulator under the Work Health and Safety Act 2011; and(b) any prescribed entity that has a function or power under an Act relating to the program or incentive proposed.(3) This section does not limit section 384 or 481A.(4) In this section—
"prescribed entity" means an entity prescribed by regulation for this definition.
Section 481A —
insert—
(4) This section does not limit section 385A.
Section 532C (1) (d) —
omit, insert—
(d) any contravention of this Act the authorised person reasonably believes has been committed.
Section 538 (1) —
insert—
(aa) a decision not to provide a service under section 232AB;
(1) Section 540 (1) (a) —insert—(xiiaa) to refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of WorkCover under section 220(3); or(xiiab) that a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of WorkCover under section 220(4); or
(2) Section 540 (1) (b) —insert—(viaa) to refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of the self-insurer under section 220(3); or(viab) that a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of the self-insurer under section 220(4); or
Section 584 —
insert—
(3) A regulation may prescribe an amount, including, for example, an amount of a fee, levy or damages, as a multiple of QOTE.
After section 729 —
insert—
730 Definitions for chapter In this chapter—
"former", for a provision, means the provision as in force before the commencement.
"new", for a provision, means the provision as in force from the commencement.
731 Requirement for employment to be significant contributing factor to psychiatric or psychological disorder(1) New section 32 applies in relation to a psychiatric or psychological disorder only if the injury to which the disorder relates was sustained by a worker after the commencement.(2) Former section 32 continues to apply in relation to a psychiatric or psychological disorder if the injury to which the disorder relates was sustained by a worker before the commencement.
732 Requirement for certification of terminal condition(1) New section 39A applies in relation to a terminal condition only if the latent onset injury to which the condition relates was sustained by a worker on or after 31 January 2015.(2) Former section 39A continues to apply in relation to a terminal condition if the latent onset injury to which the condition relates was sustained by a worker before 31 January 2015.
733 Expression of percentage difference in QOTE for financial year rounded to nearest second decimal place(1) This section applies if, before the commencement, the Regulator notified under former section 107(2)(b) the percentage difference in QOTE for a financial year compared to QOTE for the previous financial year.(2) The notification of the percentage difference is, and is taken to have always been, as valid as it would have been if the percentage difference had been notified under new section 107(3).(3) Anything done, or omitted to be done, under a notice under former section 107(2) is, and is taken to have always been, as valid as it would have been if the percentage difference in the notice had been notified under new section 107(3).
734 Payment of compensation by employer who is self-insurer The prohibition under new section 109(4) against an employer who is a self-insurer paying a worker an amount, either in compensation or instead of compensation, that is payable under the Act by the employer as a self-insurer for an injury sustained by the worker applies only if the worker’s injury was sustained after the commencement.
735 Discretion of insurer to waive time limit for applying for compensation The discretion of an insurer to waive the time limit under new section 131 for lodging an application for compensation applies only if the application was made after the commencement.
736 Report of injury by employer who is self-insurer The obligation under new section 133 of an employer who is a self-insurer and whose worker sustains an injury to complete a report in the approved form and give the report to the insurer applies only if the worker’s injury was sustained after the commencement.
737 Obligation of employer who is self-insurer to report payment to insurer The obligation under new section 133A of an employer who is a self-insurer and whose worker sustains an injury to give a written notice to the insurer if the employer pays the worker an amount, either in compensation or instead of compensation, that is payable by the employer under the Act for an injury sustained by the worker, applies only if the worker’s injury was sustained after the commencement.
738 Insurer’s obligation to refer worker who has stopped receiving compensation to return to work program The obligation of an insurer under new section 220(2)(c) to refer a worker, who has stopped receiving compensation for an injury under section 144A, 168 or 190(2), to an accredited rehabilitation and return to work program of the insurer applies only if the worker stopped receiving the compensation after the commencement.
739 Employer’s obligation to give insurer details of rehabilitation and return to work coordinator appointed before commencement(1) This section applies if an employer appointed a rehabilitation and return to work coordinator before the commencement.(2) The employer must give the insurer the prescribed details of the coordinator, as defined in new section 226(8), within 12 months after the commencement.(3) New section 226(4) applies to the employer as if the coordinator were appointed on the commencement.
740 Insurer’s obligation to provide support for worker with psychiatric or psychological injury The obligation of an insurer under new chapter 4, part 5A to provide support to a worker who has made an application for compensation for a psychiatric or psychological injury applies only if the worker’s injury was sustained after the commencement.
741 Expressions of regret and apologies made before commencement(1) This section applies if—(a) a person gives a notice of a claim to an insurer after the commencement; and(b) an expression of regret or apology was made in relation to the claim before the commencement.(2) Chapter 5, part 14 applies in relation to the expression of regret or apology.
Schedule 2, part 1 —
insert—
7 | A person (an "intern"), other than a person mentioned in chapter 1, part 4, division 3, subdivision 1, 2, 3 or 4, is a worker if the person—(a) is performing work for a business or undertaking without payment of wages to gain practical experience in the type of work performed by the business or undertaking, or to seek to obtain a qualification; and(b) would be a worker if the work performed by the person were for the payment of wages. |
Schedule 3 —
insert—
8 | A person is the employer of an intern if—(a) the person is conducting a business or undertaking; and(b) the intern performs work for the person without payment of wages to gain practical experience in the type of work performed by the business or undertaking, or to seek to obtain a qualification; and(c) the intern would be a worker if the work performed by the intern were for the payment of wages. |
(1) Schedule 6, definition
"rehabilitation and return to work plan" —omit.
(2) Schedule 6 —insert—
"accredited rehabilitation and return to work program", of an insurer, means a rehabilitation and return to work program managed by the insurer that is accredited by the Regulator.
"apology", for chapter 5, part 14, see section 320G.
"chest image" means an x-ray or other medical image of a person’s chest.
"expression of regret", for chapter 5, part 14, see section 320C.
"intern" see schedule 2, part 1, section 7.
(3) Schedule 6, definition
"QOTE", ‘see section 107 (1) ’—omit, insert—, for a financial year, see section 10A(1)
This part amends the Workers’ Compensation and Rehabilitation Regulation 2014.
See also the amendments in schedule 1.
Section 128, table, item 9—
omit, insert—
9 | 1 July 2019 to 30 June 2020 | $45,290 | |
10 | 1 July 2020 and after | 28.78 times QOTE |
(1) Section 130 (2), ‘a table’—omit, insert—any of tables 1 to 9
(2) Section 130 —insert—(2A) For an injury within the injury scale value stated in an item of a table other than a table mentioned in subsection (2), the general damages are the amount worked out in the way stated in the column of the table with the heading ‘general damages’.
(3) Section 130 (2A) and (3) —renumber as section 130 (3) and (4).
Section 131, table, item 9—
omit, insert—
9 | 1 July 2019 to 30 June 2020 | $150,970 | |
10 | 1 July 2020 and after | 95.92 times QOTE |
After section 146 —
insert—
146A WorkCover funding and provision of programs and incentives—Act, s 385A, definition prescribed entity Each of the following entities is prescribed for section 385A of the Act, definition
"prescribed entity" —(a) the chief inspector under the Coal Mining Safety and Health Act 1999;(b) the chief inspector under the Mining and Quarrying Safety and Health Act 1999;(c) the chief inspector under the Petroleum and Gas (Production and Safety) Act 2004;(d) the general manager under the Maritime Safety Queensland Act 2002;(e) the chief executive of the Office of the National Rail Safety Regulator under the Rail Safety National Law (Queensland) Act 2017;(f) the chief executive officer of the National Heavy Vehicle Regulator under the Heavy Vehicle National Law Act 2012.
(1) Schedule 2, section 1 (2), ‘$307,385’—omit, insert—216.15 times QOTE
(2) Schedule 2, section 2, table—omit, insert—Graduated scale
Column 1Worker’s age Column 2Additional lump sum compensation $ 70 years or under 216.15 times QOTE 71 years 194.54 times QOTE 72 years 172.92 times QOTE 73 years 151.31 times QOTE 74 years 126.69 times QOTE 75 years 108.08 times QOTE 76 years 86.47 times QOTE 77 years 64.86 times QOTE 78 years 43.24 times QOTE 79 years 21.63 times QOTE 80 years or over 0
(1) Schedule 3, section 1 (2), ‘$307,385’—omit, insert—216.15 times QOTE
(2) Schedule 3, section 2, table—omit, insert—Graduated scale
Column 1DPI Column 2Additional lump sum compensation % $ 30 8.15 times QOTE 31 12.77 times QOTE 32 17.39 times QOTE 33 22.01 times QOTE 34 26.63 times QOTE 35 31.26 times QOTE 36 35.88 times QOTE 37 40.50 times QOTE 38 45.12 times QOTE 39 49.75 times QOTE 40 54.37 times QOTE 41 58.99 times QOTE 42 63.61 times QOTE 43 68.23 times QOTE 44 72.86 times QOTE 45 77.48 times QOTE 46 82.10 times QOTE 47 86.73 times QOTE 48 91.35 times QOTE 49 95.97 times QOTE 50 100.59 times QOTE 51 105.21 times QOTE 52 109.83 times QOTE 53 114.46 times QOTE 54 119.08 times QOTE 55 123.70 times QOTE 56 128.32 times QOTE 57 132.95 times QOTE 58 137.57 times QOTE 59 142.19 times QOTE 60 146.82 times QOTE 61 151.44 times QOTE 62 156.06 times QOTE 63 160.68 times QOTE 64 165.31 times QOTE 65 169.93 times QOTE 66 174.55 times QOTE 67 179.17 times QOTE 68 183.80 times QOTE 69 188.42 times QOTE 70 193.04 times QOTE 71 197.66 times QOTE 72 202.28 times QOTE 73 206.91 times QOTE 74 211.53 times QOTE 75–100 216.15 times QOTE
(1) Schedule 4, section 1 (2), ‘$348,210’—omit, insert—244.86 times QOTE
(2) Schedule 4, section 2, table—omit, insert—Graduated scale
Column 1DPI Column 2Range of dependency (modified barthel index) Column 3Additional lump sum compensation % $ 15–39 moderateseveretotal 1.99 times QOTE3.97 times QOTE5.94 times QOTE 40–49 moderateseveretotal 3.70 times QOTE7.52 times QOTE11.21 times QOTE 50–59 moderateseveretotal 16.35 times QOTE32.68 times QOTE49.00 times QOTE 60–69 moderateseveretotal 40.84 times QOTE73.49 times QOTE97.97 times QOTE 70–79 moderateseveretotal 57.16 times QOTE106.14 times QOTE146.93 times QOTE 80–89 moderateseveretotal 65.32 times QOTE132.00 times QOTE195.89 times QOTE 90–94 moderateseveretotal 73.49 times QOTE146.93 times QOTE228.53 times QOTE 95–100 moderateseveretotal 81.63 times QOTE163.28 times QOTE244.86 times QOTE
(1) Schedule 4C, section 1 (2), ‘$120,000’—omit, insert—80.97 times QOTE
(2) Schedule 4C, section 2, table—omit, insert—Graduated scale
Column 1Pneumoconiosis band Column 2Pneumoconiosis scores Column 3Lump sum compensation $ 1 0 0 2 152025 12.15 times QOTE16.20 times QOTE20.25 times QOTE 3 505560 40.49 times QOTE44.53 times QOTE48.59 times QOTE 4 7580 60.73 times QOTE64.78 times QOTE 5 85 68.83 times QOTE 6 90 72.87 times QOTE 7 95 76.92 times QOTE 8 100 80.97 times QOTE
(1) Schedule 12, table 9, heading, ‘on or after 1 July 2019’—omit, insert—from 1 July 2019 to 30 June 2020 (datesinclusive)
(2) Schedule 12 —insert—
Table 10—For an injury sustained on or after 1 July 2020 Item Injury scale value General damages 1 0 0 2 1 0.95 times QOTE 3 2 1.90 times QOTE 4 3 2.84 times QOTE 5 4 3.79 times QOTE 6 5 4.74 times QOTE 7 6 5.89 times QOTE 8 7 7.04 times QOTE 9 8 8.19 times QOTE 10 9 9.34 times QOTE 11 10 10.49 times QOTE 12 11 11.83 times QOTE 13 12 13.17 times QOTE 14 13 14.51 times QOTE 15 14 15.85 times QOTE 16 15 17.19 times QOTE 17 16 18.72 times QOTE 18 17 20.24 times QOTE 19 18 21.76 times QOTE 20 19 23.29 times QOTE 21 20 24.81 times QOTE 22 21 26.54 times QOTE 23 22 28.27 times QOTE 24 23 30.00 times QOTE 25 24 31.73 times QOTE 26 25 33.45 times QOTE 27 26 35.39 times QOTE 28 27 37.32 times QOTE 29 28 39.25 times QOTE 30 29 41.18 times QOTE 31 30 43.11 times QOTE 32 31 45.21 times QOTE 33 32 47.32 times QOTE 34 33 49.42 times QOTE 35 34 51.52 times QOTE 36 35 53.63 times QOTE 37 36 55.94 times QOTE 38 37 58.25 times QOTE 39 38 60.56 times QOTE 40 39 62.88 times QOTE 41 40 65.19 times QOTE 42 41 67.67 times QOTE 43 42 70.14 times QOTE 44 43 72.62 times QOTE 45 44 75.10 times QOTE 46 45 77.58 times QOTE 47 46 80.06 times QOTE 48 47 82.53 times QOTE 49 48 85.01 times QOTE 50 49 87.49 times QOTE 51 50 89.97 times QOTE 52 51 92.61 times QOTE 53 52 95.25 times QOTE 54 53 97.90 times QOTE 55 54 100.54 times QOTE 56 55 103.18 times QOTE 57 56 105.82 times QOTE 58 57 108.47 times QOTE 59 58 111.11 times QOTE 60 59 113.75 times QOTE 61 60 116.40 times QOTE 62 61 119.22 times QOTE 63 62 122.04 times QOTE 64 63 124.86 times QOTE 65 64 127.68 times QOTE 66 65 130.50 times QOTE 67 66 133.32 times QOTE 68 67 136.14 times QOTE 69 68 138.96 times QOTE 70 69 141.78 times QOTE 71 70 144.60 times QOTE 72 71 147.60 times QOTE 73 72 150.60 times QOTE 74 73 153.60 times QOTE 75 74 156.60 times QOTE 76 75 159.60 times QOTE 77 76 162.60 times QOTE 78 77 165.60 times QOTE 79 78 168.59 times QOTE 80 79 171.59 times QOTE 81 80 174.59 times QOTE 82 81 177.76 times QOTE 83 82 180.92 times QOTE 84 83 184.08 times QOTE 85 84 187.25 times QOTE 86 85 190.41 times QOTE 87 86 193.58 times QOTE 88 87 196.74 times QOTE 89 88 199.90 times QOTE 90 89 203.07 times QOTE 91 90 206.23 times QOTE 92 91 209.58 times QOTE 93 92 212.93 times QOTE 94 93 216.28 times QOTE 95 94 219.62 times QOTE 96 95 222.97 times QOTE 97 96 226.32 times QOTE 98 97 229.67 times QOTE 99 98 233.02 times QOTE 100 99 236.36 times QOTE 101 100 239.71 times QOTE
The Commonwealth Games Arrangements Act 2011, No. 42 is repealed.
Schedule 1 amends the legislation it mentions.
omit, insert—
making a requirement under subsection (2)
omit, insert—
a requirement under subsection (2)
omit, insert—
not to
omit, insert—
not to
omit, insert—
developed under section 220(5) of the Act
© State of Queensland 2019 |
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