Queensland Subordinate Legislation as Made

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WORKERS' COMPENSATION AND REHABILITATION REGULATION 2014 NO. 189


TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
   1.      Short title
   2.      Commencement
   3.      Definitions
   4.      WorkCover's capital adequacy—Act, s 453(b)
           Part 2--Employer insurance
           Division 1--Policies and premium assessments
   5.      Application for policy
   6.      Policies and renewals
   7.      Assessment of premium
   8.      Declaration of wages
   9.      Value of board and lodging
   10.     Payment of premium by instalments
   11.     Additional premium for late payment of premium—Act, ss 61 and 62
           12. Premium for appeals—Act, s 569(2)(a)
           13. Former employer may apply to cancel policy
   14.     Cancellation of policy if workers no longer employed
           Division 2--Employer excess
   15.     Excess period—Act, s 65(2)
           Division 3--Self-insurance
   16.     Application fees—Act, s 70(c)
           17. Annual levy—Act, s 81(2)
           18. Provisional annual levy—not agreed or decided
   19.     Adjusted annual levy—agreed
   20.     Adjusted annual levy—not agreed but decided
   21.     Additional amount for late payment of levy—Act, s 82(1)
           22. Conditions of licence—Act, s 83
           23. Premium payable after cancellation of self-insurer's licence—Act, s 98
           24. Deemed levy for appeals—Act, s 569(2)(a)
           Part 3--Calculation of self-insurer's liability
           Division 1--Outstanding liability
           Subdivision 1--Preliminary
   25.     Calculation of outstanding liability—Act, s 87(2)
           Subdivision 2--Actuarial calculations and reports
   26.     Appointment of actuary
   27.     Regulator to give actuary information
   28.     Actuarial calculation
   29.     Actuarial report
   30.     Summary report
   31.     Agreement on amount
   32.     Reference to arbiter if no agreement on amount
   33.     Payment of amount
   34.     Transfer of claims information
           Division 2--Total liability
           Subdivision 1--Preliminary
   35.     Calculation of total liability after change in self-insurer's membership—Act s 90(9)
           Subdivision 2--Actuarial calculations and reports
   36.     Appointment of actuary
   37.     Relevant parties to give actuaries information
   38.     Actuarial calculation
   39.     Actuarial report
   40.     Summary report
   41.     Agreement on amount
   42.     Reference to arbiter if no agreement on amount
   43.     Payment of amount
   44.     Transfer of claims information
           Division 3--Liability after cancellation of self-insurer's licence
           Subdivision 1--Preliminary
   45.     Calculation of liability after cancellation—Act, s 102(3)
           Subdivision 2--Actuarial calculations and reports
   46.     Appointment of actuary
   47.     Former self-insurer to give actuaries information
   48.     Actuarial calculation
   49.     Actuarial report
   50.     Summary report
   51.     Agreement on amount
   52.     Reference to arbiter if no agreement on amount
   53.     Payment of amount
           Division 4--Estimated claims liability
           Subdivision 1--Preliminary
   54.     Calculation of estimated claims liability—Act, s 84(3)(b)
           Subdivision 2--Actuarial calculations and reports
   55.     Approved actuary
   56.     Self-insurer to give Regulator and approved actuary information
   57.     Actuarial calculation
   58.     Actuarial report
   59.     Copy of actuarial report to Regulator and self-insurer
   60.     Regulator to advise self-insurer whether agreement on amount
   61.     Reference to Regulator's actuary if no agreement on amount
   62.     Agreement on amount
   63.     Reference to arbiter
           Division 5--Self-insurers who become non-scheme employers
           Subdivision 1--Preliminary
   64.     Calculation of non-scheme employer's liability—Act, s 105I(2)
           Subdivision 2--Actuarial calculations and reports
   65.     Appointment of actuary
   66.     Non-scheme employer to give actuaries information
   67.     Actuarial calculation
   68.     Actuarial report
   69.     Summary report
   70.     Agreement on amount
   71.     Reference to arbiter if no agreement on amount
   72.     Payment of amount
           Subdivision 3--Calculation—finalised non-scheme employer's liability
   73.     Calculation of finalised non-scheme employer's liability amount—Act, s 105I(2)
           74. Appointment of actuary
   75.     WorkCover to give actuaries information
   76.     Actuarial calculation
   77.     Actuarial report
   78.     Summary report
   79.     Agreement on amount
   80.     Reference to arbiter if no agreement on amount
   81.     Payment of amount
           Division 6--Total liability—member of a group who becomes non-scheme employer
           Subdivision 1--Preliminary
   82.     Calculation of non-scheme members' total liability—Act, s 105O(3)(a)
           Subdivision 2--Actuarial calculations and reports
   83.     Appointment of actuary
   84.     Parties to give actuaries information
   85.     Actuarial calculation
   86.     Actuarial report
   87.     Summary report
   88.     Agreement on amount
   89.     Reference to arbiter if no agreement on amount
   90.     Payment of amount
   91.     Transfer of claims information
           Division 7--Actuarial arbiter
   92.     Function of actuarial arbiter
   93.     Selection and appointment of actuarial arbiter
   94.     Arbiter must decide amount
   95.     Arbiter's decision is final
   96.     Arbiter's costs
           Part 4--Compensation
           Division 1--Calculation of NWE
   97.     Calculation of NWE—Act, s 106(3)
   98.     What amounts may be taken into account
   99.     NWE if impracticable to calculate rate of worker's remuneration
   100.    NWE if worker worked for 2 or more employers
   101.    NWE if insurer considers calculation unfair
           Division 2--Compensation application and other procedures
   102.    Application for compensation to include evidence or particulars—Act, s 132(3)(b)
           103. If dentist, doctor or nurse practitioner not available
   104.    Certificate given by dentist, doctor or nurse practitioner
   105.    Application for compensation for assessment of DPI—Act, s 132A(3)(c)(ii)
   106.    Request for examination of claimant or worker—Act, ss 135 and 510
           Division 3--Entitlement to compensation for permanent impairment
   107.    Additional lump sum compensation—workers with latent onset injuries that are terminal—Act, s 128B(2)(c)
           108. Calculating lump sum compensation—Act, s 180(1)
           109. Additional lump sum compensation for certain workers—Act, s 192(2)
           110. Additional lump sum compensation for gratuitous care (occupational therapist's assessment)—Act, ss 193(4) and 224(3)
           111. Additional lump sum compensation for gratuitous care (occupational therapist's report)—Act, ss 193(5)(b) and 224(4)(b)
           112. Additional lump sum compensation for gratuitous care—Act, s 193(6)
           Division 4--Liability for Caring allowance
   113.    Payment of caring allowance—Act, s 225(a)
           Part 5--Rehabilitation
           Division 1--Rehabilitation and return to work coordinators
   114.    Functions of rehabilitation and return to work coordinator—Act, s 41(b)
           115. Criteria for employer to appoint rehabilitation and return to work coordinator—Act, s 226(1)
           Division 2--Guidelines for standard for rehabilitation
   116.    Standard for rehabilitation—Act, s 228(2)
           117. Availability of guidelines
           Part 6--Damages
           Division 1--Particulars in notice of claim
   118.    Notice of claim for damages—Act, s 275
           119. Particulars of claimant and worker
   120.    Particulars of event
   121.    Injury particulars
   122.    Particulars of hospital, treatment and rehabilitation
   123.    Particulars if claim for diminished income earning capacity
   124.    Particulars if injury causes death
   125.    Particulars of mitigation
           Division 2--General provisions
   126.    Time for adding another person as contributor—Act, s 278A(1)
           127. Contribution notice to contain particular information—Act, s 278B(1)(a)
           Part 7--Assessment of damages
   128.    Prescribed amount of damages for loss of consortium or loss of servitium—Act, s 306M
           129. Rules for assessing injury scale value—Act, s 306O(1)(c)(i)
           130. General damages calculation provisions—Act, s 306P(2)
           131. Prescribed amount of award for future loss—Act, s 306R(2)
           Part 8--Costs
           Division 1--Proceeding before industrial magistrate or industrial commission
   132.    Costs—proceeding before industrial magistrate or industrial commission
   133.    Payment of additional amount for costs
           Division 2--Claim for damages
   134.    Who this division applies to
   135.    Costs before proceeding started
   136.    Costs after proceeding started
   137.    Outlays
           Part 9--Medical assessment tribunals
   138.    Medical assessment tribunals—Act, s 492
           139. Constitution of General Medical Assessment Tribunal
   140.    Chairperson and deputy chairperson of General Medical Assessment Tribunal
   141.    Constitution of a specialty medical tribunal
   142.    Chairperson and deputy chairperson of a specialty medical tribunal
   143.    Constitution of Composite Medical Tribunal
   144.    Chairperson and deputy chairperson of Composite Medical Tribunal
           Part 10--Miscellaneous
   145.    Declaration of designated courts—Act, s 114(4), definition designated court
   146.    Declaration of provisions—Act, s 322(2), definition a State's legislation about damages for a work related injury
   147.    Documents and particulars to be kept—Act, s 532D(1) and (2)
           148. Reasons for decisions must address certain matters—Act, ss 540(4) and 546(3AA)
           SCHEDULE 1 -- ADDITIONAL PREMIUM
           SCHEDULE 2 -- GRADUATED SCALE FOR ADDITIONAL COMPENSATION FOR WORKERS WITH TERMINAL LATENT ONSET INJURIES
   1.      Graduated scale
   2.      How to use the graduated scale
           SCHEDULE 3 -- GRADUATED SCALE OF ADDITIONAL COMPENSATION FOR CERTAIN WORKERS
   1.      Graduated scale
   2.      How to use the graduated scale
           SCHEDULE 4 -- GRADUATED SCALE FOR ADDITIONAL COMPENSATION FOR GRATUITOUS CARE
   1.      Graduated scale
   2.      How to use the graduated scale
           SCHEDULE 5 -- GRADUATED SCALE OF CARE REQUIRED FOR PAYMENT OF CARING ALLOWANCE
   1.      Graduated scale
   2.      How to use the graduated scale
           SCHEDULE 6 -- LEGAL PROFESSIONAL COSTS
           SCHEDULE 7 -- DESIGNATED COURTS AND PROVISIONS THAT ARE A STATE'S LEGISLATION ABOUT DAMAGES FOR WORK RELATED INJURY
           SCHEDULE 8 -- MATTERS TO WHICH COURT IS TO HAVE REGARD IN THE APPLICATION OF SCH 9
           Part 1--Objectives of sch 9 (Ranges of injury scale values)
   1.      Objectives of sch 9
           Part 2--How to use sch 9
           Division 1--Injury
   2.      Injury mentioned in sch 9
   3.      Multiple injuries
   4.      Multiple injuries and maximum dominant ISV inadequate
   5.      Adverse psychological reaction
   6.      Mental disorder
   7.      Aggravation of pre-existing condition
           Division 2--Other matters
   8.      Court must have regard to particular provisions of sch 9
   9.      Court may have regard to other matters
   10.     DPI
   11.     Medical report stating DPI
   12.     Greater weight to assessments based on AMA 5
   13.     Greater weight to assessments of PIRS rating
   14.     ISV must be a whole number
           SCHEDULE 9 -- RANGES OF INJURY SCALE VALUES
           Part 1--Central nervous system and head injuries
   1.      Quadriplegia
   2.      Paraplegia
   3.      Hemiplegia or severe paralysis of more than 1 limb
   4.      Monoplegia
   5.      Extreme brain injury
   6.      Serious brain injury
   7.      Moderate brain injury
   8.      Minor brain injury
   9.      Minor head injury, other than an injury mentioned in pt 3
           Part 2--Mental disorders
   10.     Extreme mental disorder
   11.     Serious mental disorder
   12.     Moderate mental disorder
   13.     Minor mental disorder
           Part 3--Facial injuries
           Division 1--Skeletal injuries of the facial area
   14.     Extreme facial injury
   15.     Serious facial injury
   16.     Moderate facial injury
   17.     Minor facial injury
   18.     Injury to teeth or gums
           Division 2--Scarring to the face
   19.     Extreme facial scarring
   20.     Serious facial scarring
   21.     Moderate facial scarring
   22.     Minor facial scarring
           Part 4--Injuries affecting the senses
           Division 1--General comment
           Division 2--Injuries affecting the eyes
   23.     Total sight and hearing impairment
   24.     Total sight impairment
   25.     Complete sight impairment in 1 eye with reduced vision in the other eye
   26.     Complete sight impairment in 1 eye or total loss of 1 eye
   27.     Serious eye injury
   28.     Moderate eye injury
   29.     Minor eye injury
           Division 3--Injuries affecting the ears
   30.     Extreme ear injury
   31.     Serious ear injury
   32.     Moderate ear injury
   33.     Minor ear injury
           Division 4--Impairment of taste or smell
   34.     Total loss of taste or smell, or both
   35.     Partial loss of taste or smell, or both
           Part 5--Injuries to internal organs
           Division 1--Chest injuries
   36.     Extreme chest injury
   37.     Serious chest injury
   38.     Moderate chest injury
   39.     Minor chest injury
           Division 2--Lung injuries other than asthma
   40.     Extreme lung injury
   41.     Serious lung injury
   42.     Moderate lung injury
   43.     Minor lung injury
           Division 3--Asthma
   44.     Extreme asthma
   45.     Severe asthma
   46.     Moderate asthma
   47.     Minor asthma
           Division 4--Injuries to male reproductive system
   48.     Impotence and sterility
   49.     Loss of part or all of penis
   50.     Loss of both testicles
   51.     Loss of 1 testicle
           Division 5--Injuries to female reproductive system
   52.     Infertility
   53.     Any other injury to the female reproductive system
           Division 6--Injuries to digestive system
           Subdivision 1--Injuries caused by trauma
   54.     Extreme injury to the digestive system caused by trauma
   55.     Serious injury to the digestive system caused by trauma
   56.     Moderate injury to the digestive system caused by trauma
   57.     Minor injury to the digestive system caused by trauma
           Subdivision 2--Injuries not caused by trauma
   58.     Extreme injury to the digestive system not caused by trauma
   59.     Serious injury to the digestive system not caused by trauma
   60.     Moderate injury to the digestive system not caused by trauma
   61.     Minor injury to the digestive system not caused by trauma
           Division 7--Kidney or ureter injuries
   62.     Extreme injury to kidneys or ureters
   63.     Serious injury to kidneys or ureters
   64.     Moderate injury to kidneys or ureters
   65.     Minor injury to kidneys or ureters
           Division 8--Liver, gall bladder or biliary tract injuries
   66.     Extreme injury to liver, gall bladder or biliary tract
   67.     Serious injury to liver, gall bladder or biliary tract
   68.     Moderate injury to liver, gall bladder or biliary tract
   69.     Minor injury to liver, gall bladder or biliary tract
           Division 9--Bowel injuries
   70.     Extreme bowel injury
   71.     Serious bowel injury
   72.     Moderate bowel injury
   73.     Minor bowel injury
           Division 10--Bladder, prostate or urethra injuries
   74.     Extreme bladder, prostate or urethra injury
   75.     Serious bladder, prostate or urethra injury
   76.     Moderate bladder, prostate or urethra injury
   77.     Minor bladder, prostate or urethra injury
           Division 11--Pancreas and spleen injuries
   78.     Injury to the pancreas
   79.     Loss of spleen (complicated)
   80.     Injury to the spleen or uncomplicated loss of spleen
           Division 12--Hernia injuries
   81.     Severe hernia
   82.     Moderate hernia
   83.     Minor hernia
           Part 6--Orthopaedic injuries
           Division 1--Cervical spine injuries
   84.     Extreme cervical spine injury
   85.     Serious cervical spine injury
   86.     Moderate cervical spine injury— fracture, disc prolapse or nerve root compression or damage
   87.     Moderate cervical spine injury—soft tissue injury
   88.     Minor cervical spine injury
           Division 2--Thoracic or lumbar spine injuries
   89.     Extreme thoracic or lumbar spine injury
   90.     Serious thoracic or lumbar spine injury
   91.     Moderate thoracic or lumbar spine injury— fracture, disc prolapse or nerve root compression or damage
   92.     Moderate thoracic or lumbar spine injury—soft tissue injury
   93.     Minor thoracic or lumbar spine injury
           Division 3--Shoulder injuries
   94.     Extreme shoulder injury
   95.     Serious shoulder injury
   96.     Moderate shoulder injury
   97.     Minor shoulder injury
           Division 4--Amputation of upper limbs
   98.     Loss of both upper limbs, or loss of 1 arm and extreme injury to the other arm
   99.     Loss of 1 upper limb
           Division 5--Elbow injuries
   100.    Extreme elbow injury
   101.    Serious elbow injury
   102.    Moderate elbow injury
   103.    Minor elbow injury
           Division 6--Wrist injuries
   104.    Extreme wrist injury
   105.    Serious wrist injury
   106.    Moderate wrist injury
   107.    Minor wrist injury
           Division 7--Hand injuries
   108.    Total or effective loss of both hands
   109.    Serious injury to both hands
   110.    Total or effective loss of 1 hand
   111.    Amputation of the thumb or part of the thumb
   112.    Amputation of index, middle and ring fingers, or any 2 of them
   113.    Amputation of individual fingers
   114.    Amputation of thumb and all fingers
   115.    Any other injury to 1 or more of the fingers or the thumb
   116.    Extreme hand injury
   117.    Serious hand injury
   118.    Moderate hand injury
   119.    Minor hand injury
           Division 8--Upper limb injuries, other than injuries mentioned in divisions 3 to 7
   120.    Extreme upper limb injury, other than an injury mentioned in divisions 3 to 7
   121.    Serious upper limb injury, other than an injury mentioned in divisions 3 to 7
   122.    Moderate upper limb injury, other than an injury mentioned in divisions 3 to 7
   123.    Minor upper limb injury, other than an injury mentioned in divisions 3 to 7
           Division 9--Pelvis or hip injuries
   124.    Extreme pelvis or hip injury
   125.    Serious pelvis or hip injury
   126.    Moderate pelvis or hip injury
   127.    Minor pelvis or hip injury
           Division 10--Amputation of lower limbs
           Subdivision 1--Amputation of both lower limbs
   128.    Loss of both lower limbs above or through the knee
   129.    Below the knee amputation of both lower limbs
           Subdivision 2--Amputation of 1 lower limb
   130.    Above or through the knee amputation of 1 lower limb
   131.    Below the knee amputation of 1 lower limb
           Division 11--Lower limb injuries, other than injuries mentioned in division 9 or 10 or divisions 12 to 15
   132.    Extreme lower limb injury, other than an injury mentioned in division 9 or 10 or divisions 12 to 15
   133.    Serious lower limb injury, other than an injury mentioned in division 9 or 10 or divisions 12 to 15
   134.    Moderate lower limb injury, other than an injury mentioned in division 9 or 10 or divisions 12 to 15
   135.    Minor lower limb injury, other than an injury mentioned in division 9 or 10 or divisions 12 to 15
           Division 12--Knee injuries
   136.    Extreme knee injury
   137.    Serious knee injury
   138.    Moderate knee injury
   139.    Minor knee injury
           Division 13--Ankle injuries
   140.    Extreme ankle injury
   141.    Serious ankle injury
   142.    Moderate ankle injury
   143.    Minor ankle injury
           Division 14--Foot injuries
           Subdivision 1--Amputations
   144.    Amputation of both feet
   145.    Amputation of 1 foot
           Subdivision 2--Other foot injuries
   146.    Extreme foot injury that is not an amputation
   147.    Serious foot injury
   148.    Moderate foot injury
   149.    Minor foot injury
           Division 15--Toe injuries
   150.    Extreme toe injury
   151.    Serious toe injury
   152.    Moderate toe injury
   153.    Minor toe injury
           Division 16--Limb disorders
           Part 7--Scarring to parts of the body other than the face
   154.    Scarring to a part of the body other than the face
           Part 8--Burn injuries
           Part 9--Injuries affecting hair
   155.    Extreme injury affecting head hair
   156.    Serious injury affecting head hair
   157.    Moderate injury affecting head hair or loss of body hair
           Part 10--Dermatitis
   158.    Extreme dermatitis
   159.    Serious dermatitis
   160.    Moderate dermatitis
   161.    Minor dermatitis
           SCHEDULE 10 -- MATTERS RELEVANT TO PIRS ASSESSMENT BY MEDICAL EXPERT
           Part 1--Explanation of the PIRS
   1.      PIRS rates permanent impairment caused by mental disorder
   2.      Areas of functional impairment
           Part 2--Assessment of PIRS rating
   3.      Medical expert must comply with requirements
   4.      How to assess a PIRS rating
   5.      Assessment if pre-existing mental disorder
   6.      How to work out a median class score
   7.      Conversion table
   8.      Example worksheet
           Part 3--Particular cases
   9.      Refusal of treatment
   10.     Cognitive impairment
   11.     Pre-existing mental disorder
           Part 4--Report of PIRS rating
   12.     Court to be given PIRS report
           SCHEDULE 11 -- PSYCHIATRIC IMPAIRMENT RATING SCALE
           SCHEDULE 12 -- GENERAL DAMAGES CALCULATION PROVISIONS
   1.      General damages calculation provision—1 July 2010 to 30 June 2011
   2.      General damages calculation provision—1 July 2011 to 30 June 2012
   3.      General damages calculation provision—1 July 2012 to 30 June 2013
   4.      General damages calculation provision—1 July 2013 to 30 June 2014
   5.      General damages calculation provision—1 July 2014
           SCHEDULE 13 -- DICTIONARY


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