An Act to amend the Industrial Relations Act 2016, the Labour Hire Licensing Act 2017, the Workers’ Compensation and Rehabilitation Act 2003 and the Workers’ Compensation and Rehabilitation Regulation 2014 for particular purposes
The Parliament of Queensland enacts—
This Act may be cited as the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2024.
The following provisions commence on a day to be fixed by proclamation—(a)sections 24 and 26;(b)section 29, to the extent it inserts section 46B;(c)section 34;(d)sections 59 and 64.
Part 2 Amendment of Industrial Relations Act 2016
This part amends the Industrial Relations Act 2016.
4Amendment of s 21 (Meaning of Queensland Employment Standards)
(1)Section 21(2)—
insert—(la)superannuation contributions—division 13A;(2)Section 21(2)(la) and (m)—
renumber as section 21(2)(m) and (n).
5Amendment of ch 2, pt 3, div 8, hdg (Parental leave)
Chapter 2, part 3, division 8, heading, after ‘Parental’—
insert—and related
6Amendment of s 78 (Cancelling parental leave)
(1)Section 78(4), after paragraph (a)—
insert—(aa)late term pregnancy leave under section 85AA; or(2)Section 78(4)(aa) to (c)—
renumber as section 78(4)(b) to (d).
After section 85—
insert—85AA Late term pregnancy leave
(1)A pregnant employee is entitled to unpaid leave (late term pregnancy leave) for a period immediately before the employee starts birth-related leave.(2)Late term pregnancy leave cannot start earlier than 6 weeks before the expected date of birth.(3)The employee must, before starting the leave, give the employer at least 4 weeks written notice of intention to take the leave.(4)The employee may withdraw the notice of intention to take late term pregnancy leave by written notice to the employer before the leave starts.(5)Subject to subsection (6), late term pregnancy leave must be taken as a single continuous period continuing until the employee starts birth-related leave.(6)Late term pregnancy leave may be interrupted by special pregnancy-related leave or sick leave under section 85.(7)If, while an employee is taking late term pregnancy leave, the pregnancy ends other than by the birth of a living child, the employee is entitled to resume work at a time nominated by the employer within 2 weeks after the day on which the employee gives the employer a written notice stating—(a)that the employee intends to resume work; and(b)the reason for the resumption.
8Amendment of s 87B (Flexible parental leave)
(1)Section 87B(1)(b), ‘, if any,’—
omit, insert—, and any late term pregnancy leave the employee has taken under section 85AA,
(2)Section 87B(2)—
omit, insert—(2)The maximum number of days of unpaid flexible parent leave the employee is entitled to in relation to the child is—(a)100 days; or(b)if a greater number of days is prescribed by regulation, the prescribed number of days.(3)Section 87B(3)(a)(i), after ‘child’—
insert—under subdivision 2 and any late term pregnancy leave the employee has taken under section 85AA
9Insertion of new ch 2, pt 3, div 13A
Chapter 2, part 3—
insert—127A Employer’s obligation to make superannuation contributions
An employer must make contributions to a superannuation fund for the benefit of an employee so the employer is not liable to pay superannuation guarantee charge under the Superannuation Guarantee Charge Act 1992 (Cwlth) in relation to the employee.127B Reduction of employer’s liability to the extent of superannuation charge payments
(1)The obligation to make contributions for an employee under section 127A does not apply to an employer to the extent that—(a)a charge payment has been made by or on behalf of the employer in respect of the employee under part 8 of the SGA Act; and(b)the employee is a benefiting employee; and(c)the commissioner is required to pay, or otherwise deal with, a shortfall component for the benefit of the employee under part 8 of the SGA Act.(2)A term used in this section that is defined in part 8 of the SGA Act has the meaning given under that part.(3)In this section—commissioner means the Commissioner of Taxation under the SGA Act, section 6(1).SGA Act means the Superannuation Guarantee (Administration) Act 1992 (Cwlth).
10Amendment of s 386 (Recovery of unpaid wages)
Section 386(2)(a), ‘$50,000’—
omit, insert—$100,000
11Amendment of s 476 (Requirements for application)
Section 476(1), ‘$50,000’—
omit, insert—$100,000
12Amendment of s 531 (Decisions of the commission and magistrates)
Section 531(6), definition relevant amount, paragraph (a), ‘$50,000’—
omit, insert—$100,000
13Amendment of s 554 (Appeal from court or commission in certain circumstances)
Section 554(1) and (2), ‘the president and 2 or more other members’—
omit, insert—at least 1 member who is a presidential member
14Amendment of s 557 (Appeal from commission)
Section 557(5), definition commission, ‘the president and 2 or more other members’—
omit, insert—at least 1 member who is a presidential member
15Insertion of new ch 18, pt 7
Chapter 18—
insert—Part 7 Transitional provision for Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2024
1103 Entitlement to late term pregnancy leave and increased period of flexible parental leave
(1)Section 85AA as in force from the commencement applies in relation to a pregnant employee regardless of whether the pregnancy started before or after the commencement.(2)Section 87B as in force from the commencement applies in relation to an employee regardless of whether the employee became entitled to the parental leave under chapter 2, part 3, division 8, subdivision 2 mentioned in that section before or after the commencement.
16Amendment of sch 5 (Dictionary)
Schedule 5—
insert—late term pregnancy leave, for chapter 2, part 3, division 8, see section 85AA(1).
Part 3 Amendment of Labour Hire Licensing Act 2017
This part amends the Labour Hire Licensing Act 2017.
18Amendment of s 69 (Power to require reasonable help)
Section 69(4)—
omit.
19Relocation and renumbering of s 71 (Power to require information or attendance)
Section 71—
relocate to part 6, division 3A as inserted by this Act and renumber as section 84A.
20Insertion of new pt 6, div 3A, hdg
Part 6—
insert—
After section 107—
insert—(1)This section applies if a provision of this Act requires or permits a document to be given to a person by the chief executive or an inspector.(2)For the Acts Interpretation Act 1954, section 39, the address of the person’s place of residence or business includes the person’s postal address.(3)Without limiting the Acts Interpretation Act 1954, section 39, the document may—(a)be sent by email to the person’s email address last notified to the chief executive by the person; or(b)be made available to the person or given in a way prescribed by regulation.(4)The document is taken to be given—(a)if sent by email—on the day the email is sent; or(b)if made available to the person or given in a way prescribed by regulation—on the day prescribed by regulation.(5)However, if the document is given after 5p.m. on a particular day, the document is taken to be given to the person on the next business day.
Part 4 Amendment of Workers’ Compensation and Rehabilitation Act 2003
This part amends the Workers’ Compensation and Rehabilitation Act 2003.See also the amendments in schedule 1.
23Amendment of s 5 (Workers’ compensation scheme)
(1)Section 5—
insert—(4A)It is also intended that workers and employers understand that they may, as they consider appropriate, seek advice and support in relation to the scheme from a lawyer or a registered industrial organisation.(2)Section 5(4A) and (5)—
renumber as section 5(5) and (6).
24Amendment of s 11 (Who is a worker)
Section 11(1)—
omit, insert—(1)A worker is—(a)a person who—(i)works under a contract; and(ii)in relation to the work, is an employee for the purpose of assessment of PAYG withholding under the Taxation Administration Act 1953 (Cwlth), schedule 1, chapter 2, part 2-5; or(b)a person who is a regulated worker under the Fair Work Act 2009 (Cwlth) if—(i)a minimum standards order, minimum standards guideline or collective agreement applies to, or covers, the person under chapter 3A of that Act; and(ii)the person is prescribed by regulation to be a worker.
25Amendment of s 12 (Entitlements of persons mentioned in sdiv 1)
Section 12(1), before paragraph (a)—
insert—(aa)an entitlement to a basic weekly payment under chapter 3, part 9, division 2A; and
26Amendment of s 30 (Who is an employer)
Section 30(4), after ‘section’—
insert—and schedule 3
27Amendment of s 36E (Deciding number of years)
(1)Section 36E(2)(a), ‘firefighting’—
omit, insert—performing duties that included relevant duties
(2)Section 36E(2)(b), ‘attended fires”—
omit, insert—performed relevant duties
(3)Section 36E(4)—
omit, insert—(4)In this section—relevant duties means duties that involve—(a)extinguishing, controlling or preventing the spread of fires; or(b)exposure to substances used in, or other hazards arising from, extinguishing, controlling or preventing the spread of fires.
28Amendment of ch 2, pt 1, hdg (Employer’s legal liability)
Chapter 2, part 1, heading, after ‘liability’—
insert—and preliminary obligations
29Insertion of new ss 46A and 46B
After section 46—
insert—46AEmployer must not take action to avoid compensation process
(1)An employer must not give a benefit or cause detriment to a person if the reason is to influence a worker who has sustained an injury to refrain from—(a)making an application for compensation for the injury; or(b)otherwise pursuing an entitlement to compensation for the injury.Maximum penalty—500 penalty units.
(2)It does not matter if the reason is the only or main reason, as long as it is a substantial reason.(3)An employer gives a benefit to a person if the employer—(a)gives or offers to give the worker or another person a financial or other benefit; or(b)causes or permits someone else to give or offer to give the worker or another person a financial or other benefit.(4)An employer causes detriment to a person if the employer causes detriment to the worker or another person.46BEmployer must give worker information statement
(1)An employer must, before or as soon as practicable after a worker starts employment, give the worker a statement providing information about the workers’ compensation scheme.Maximum penalty—50 penalty units.
(2)However, an employer need not give the statement to a worker if the statement has been given to the worker by the employer within the previous 12 months.(3)The statement, and the way in which it is given, must comply with any requirements prescribed by regulation.
30Amendment, relocation and renumbering of s 47 (WorkCover’s liability confined to compensation)
(1)Section 47, heading, from ‘WorkCover’s’ to ‘compensation’—
omit, insert—Liability to pay compensation does not make WorkCover an employer
(2)Section 47—
relocate to chapter 1, part 4, division 5 and renumber as section 30A.
31Amendment of s 51 (Offence of contravening general obligation to insure)
Section 51(1), penalty—
omit, insert—Maximum penalty—500 penalty units.
32Amendment of s 52 (Offence to charge worker for compensation or damages for injury)
Section 52, penalty—
omit, insert—Maximum penalty—300 penalty units.
33Amendment of s 109 (Who must pay compensation)
Section 109(3) and (4)—
insert—Maximum penalty—300 penalty units.
After section 132—
insert—132AA Insurer must give worker and employer information statement
(1)The insurer must, as soon as practicable after an application for compensation for an injury sustained by a worker is lodged—(a)give the worker a statement providing information about the workers’ compensation scheme relevant to workers; and(b)give the worker’s employer a statement providing information about the workers’ compensation scheme relevant to employers.Maximum penalty—50 penalty units.
(2)The statements, and the way in which they are given, must comply with any requirements prescribed by regulation.
35Insertion of new ch 3, pt 9, div 2A
Chapter 3, part 9—
insert—146A Employer to provide necessary information to WorkCover
(1)This section applies if—(a)an application for compensation for an injury sustained by a worker is lodged with WorkCover; and(b)WorkCover does not have the information necessary to calculate the weekly payment of compensation to which the worker will be entitled if the application is allowed.(2)WorkCover must, before or immediately after allowing the application for compensation, give a written notice to the worker’s employer requesting the necessary information.(3)The notice must state—(a)that the employer must give WorkCover the necessary information stated in the notice within 5 business days after receiving the notice; and(b)that it is an offence to fail to comply with the notice without reasonable excuse; and(c)that a penalty may be imposed by WorkCover for failure to comply with the notice.(4)The employer must comply with the notice, unless the employer has a reasonable excuse.Maximum penalty—300 penalty units.
(5)WorkCover may require the employer to pay WorkCover an amount by way of penalty if—(a)the employer fails to comply with the notice; and(b)WorkCover pays the worker an amount of compensation as a basic weekly payment under section 146B.(6)The amount of the penalty is equal to the difference between the following—(a)the amount of weekly payments of compensation to which the worker is entitled for the period—(i)commencing 5 business days after the notice requiring the employer to give the necessary information to WorkCover is received by the employer; and(ii)ending on the last day for which the worker is paid a basic weekly payment under section 146B; and(b)the amount of compensation that is paid as a basic weekly payment under section 146B to the worker for the same period.(7)WorkCover may recover the amount from the employer—(a)as a debt; or(b)as an addition to a premium payable by the employer.(8)The employer may apply to WorkCover in writing to waive or reduce the penalty because of extenuating circumstances.(9)The application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case.(10)WorkCover must consider the application and may—(a)waive or reduce the penalty; or(b)refuse to waive or reduce the penalty.(11)If the employer is dissatisfied with WorkCover’s decision, the employer may have the decision reviewed under chapter 13.146B Requirement to pay basic weekly payment while waiting for information
(1)This section applies if the insurer—(a)makes a decision to allow a worker’s application for compensation; and(b)does not have the information necessary to calculate the weekly payment of compensation to which the worker is entitled.(2)This section applies whether or not the insurer advances amounts to the worker under section 146.(3)The insurer must commence making a basic weekly payment of compensation to the worker on the later of the following—(a)the expiry of 5 business days after the day the decision to allow the worker’s application for compensation is made;(b)the expiry of the excess period in relation to the worker.Maximum penalty—300 penalty units.
(4)If the worker is engaged in full-time work, the basic weekly payment of compensation must be—(a)an amount equal to 55% of QOTE; or(b)if a different amount is prescribed by regulation—that amount.(5)If the worker is not engaged in full-time work, the basic weekly payment of compensation must be an amount—(a)not greater than the amount that would be payable for a worker engaged in full-time work; and(b)calculated—(i)as prescribed by regulation; or(ii)if a method of calculation is not prescribed by regulation—on a pro rata basis having regard to the hours usually worked by the worker in the preceding 4 weeks or a reasonable estimate of those hours.(6)The basic weekly payment of compensation must continue until the insurer is able to commence paying the weekly payment of compensation to which the worker is entitled.146C Commencing full weekly payment
The insurer must, as soon as practicable after making a decision to allow a worker’s application for compensation, commence making the weekly payment of compensation to which the worker is entitled.
36Amendment of s 179 (Assessment of permanent impairment)
(1)Section 179(1), after ‘impairment’—
insert—(2)Section 179(2), ‘degree of permanent impairment’—
omit, insert—DPI
(3)Section 179(3)—
omit, insert—(3)The assessment must be made as required by the scheme directions and the DPI must be expressed as a percentage.(3A)A report of the assessment must be prepared and given to the insurer as required by the scheme directions.(4)Section 179(4)(a) and (b), ‘degree of permanent impairment’—
omit, insert—DPI
(5)Section 179—
insert—(5)A regulation may—(a)prescribe additional requirements that must be met for an audiologist, a member of the medical assessment tribunal or a doctor to be authorised to make a DPI assessment; and(b)provide for the suspension or cancellation of an authorisation mentioned in paragraph (a); and(c)establish a process for the review of a DPI assessment or decision; and(d)provide for any other matter affecting a DPI assessment or decision.(6)Section 179(3A) to (5)—
renumber as section 179(4) to (6).
37Omission of s 183 (Guidelines for assessing a worker’s degree of permanent impairment and deciding DPI)
Section 183—
omit.
38Replacement of ch 4, pt 1 (Application)
Chapter 4, part 1—
omit, insert—The objects of this chapter are to ensure—(a)injured workers receive appropriate medical treatment, hospitalisation and rehabilitation; and(b)workers who have sustained psychiatric or psychological injuries receive support as early as possible; and(c)workers who have sustained physical injuries and who are at risk of sustaining a psychiatric or psychological injury arising from the physical injury receive services to minimise the risk.(1)Parts 2 to 5 apply if a worker sustains an injury for which compensation under chapter 3 is payable.(2)Part 2, division 4 also applies if part 5A or 5B applies in relation to the worker.208B Rights of worker in relation to medical treatment
If a worker sustains an injury, the insurer and the worker’s employer must not interfere in, or act in a manner inconsistent with, the worker’s right to choose—(a)the registered person who will provide medical treatment for the injury; and(b)who is present during medical treatment for the injury.
39Amendment of s 219 (Extent of liability for travelling expenses)
Section 219(1)—
insert—(e)receiving services provided under part 5A or 5B.
40Amendment of s 220 (Insurer’s responsibility for rehabilitation and return to work)
(1)Section 220(1), penalty—
omit, insert—Maximum penalty—1,000 penalty units.
(2)Section 220—
insert—(1A)The steps must include, but are not limited to, the steps prescribed by this section and sections 221 and 221A.(3)Section 220(5)—
omit.(4)Section 220(7)—
omit.(5)Section 220(1A) to (4)—
renumber as section 220(2) to (5).
41Insertion of new ss 221 and 221AA
After section 220—
insert—221 Steps for rehabilitation and return to work—rehabilitation and return to work plan
(1)In securing the worker’s rehabilitation and early return to suitable duties, the insurer must ensure there is a written plan (a rehabilitation and return to work plan) for the worker that outlines—(a)the rehabilitation objectives for the worker; and(b)the steps required to achieve the objectives.(2)The rehabilitation and return to work plan must be in place within 10 business days after the worker’s application for compensation is allowed.(3)The insurer must ensure the rehabilitation and return to work plan—(a)is reviewed and modified as further information becomes available, the worker’s progress against the plan is assessed and decisions are made; and(b)is prepared and reviewed in consultation with the worker, the worker’s employer and registered persons treating the worker, to the extent that it is reasonably practicable to do so.221AA Steps for rehabilitation and return to work—provider of workplace rehabilitation services
(1)In securing the worker’s rehabilitation and early return to suitable duties, the insurer must ensure that each provider of workplace rehabilitation services meets the requirements prescribed by the scheme directions.(2)Without limiting the requirements that may be prescribed by scheme directions, the scheme directions may prescribe requirements for providers of workplace rehabilitation services relating to—(a)service delivery; and(b)competency and professional standards.(3)If requirements are prescribed by scheme directions or the prescribed requirements change, a provider of workplace rehabilitation services must meet the new or changed requirements as soon as practicable.(4)If a worker is dissatisfied with a provider of workplace rehabilitation services, the worker may request the insurer to secure services for the worker from a different provider chosen by the worker.(5)The insurer must accommodate the request if it is practicable to do so and it would not, in the opinion of the insurer, be likely to adversely affect the worker’s rehabilitation and early return to suitable duties.
42Amendment of s 228 (Employer’s obligation to assist or provide rehabilitation)
(1)Section 228(1) to (4)—
omit, insert—(1)The employer of a worker who has sustained an injury must—(a)take the action required by the scheme directions to be taken to assist or provide the worker with rehabilitation during the prescribed period for the worker; and(b)take all other reasonable steps to assist or provide the worker with rehabilitation during the prescribed period for the worker; and(c)cooperate with the insurer by taking all reasonable steps to support the insurer to meet the insurer’s obligations under section 220.Maximum penalty—500 penalty units.
(2)If the employer forms the opinion that it is not practicable to provide the worker with rehabilitation in the form of a suitable duties program, the employer must give the insurer a written notice stating the evidence relied on to support the opinion.Maximum penalty—100 penalty units.
(3)The insurer must, as soon as practicable after receiving the employer’s notice—(a)consider the evidence and form the insurer’s own opinion; and(b)if the insurer is not satisfied by the evidence provided—(i)inform the employer of that opinion and the reasons for it; and(ii)give the employer a reasonable opportunity to make submissions and provide further evidence.Maximum penalty—100 penalty units.
(2)Section 228(5)—
renumber as section 228(4).
43Insertion of new ch 4, pt 4A
Chapter 4—
insert—229A Obligation of person to whom labour hire worker supplied
(1)If a worker sustains an injury as a labour hire worker supplied to another person, the person to whom the worker is supplied must cooperate with the worker’s employer by taking all reasonable steps to support the employer to meet the employer’s obligations under section 228.Maximum penalty—300 penalty units.
(2)In this section—labour hire worker means a worker mentioned in schedule 2, part 1, item 5.
44Amendment of s 232AB (Insurer’s responsibility for providing support to worker)
Section 232AB(1), penalty—
omit, insert—Maximum penalty—500 penalty units.
45Amendment of s 232B (Dismissal of injured worker only after 12 months)
Section 232B(1), penalty—
omit, insert—Maximum penalty—500 penalty units.
46Insertion of new ch 4, pt 5B
Chapter 4—
insert—232AC Minimising risk of psychological harm
(1)This section applies if an insurer allows an application for compensation for a physical injury sustained by the worker.(2)The insurer must take all reasonable steps to minimise the risk of the worker sustaining a psychiatric or psychological injury arising from the physical injury, including by providing reasonable services to the worker.Maximum penalty—500 penalty units.
(3)The insurer’s obligation ends on the day the worker’s entitlement to compensation ends.(4)This section does not limit the insurer’s other obligations under another part of this chapter, including the obligation to pay for medical treatment for the injury sustained by the worker.232AD Extent of liability for fees and costs
If medical treatment or other services are provided to a worker under section 232AC, the insurer must pay the following fees or costs—(a)for medical treatment or other services provided to the worker to which a table of costs applies—the fees or costs accepted by the insurer to be reasonable, having regard to the relevant table of costs;(b)for services to which a table of costs does not apply—the fees or costs approved by the insurer.
47Amendment of s 232K (Meaning of excluded treatment, care or support)
Section 232K(4), definition register of providers, ‘and made available on the department’s website’—
omit, insert—under section 329B
48Omission of ch 6B, pt 5 (Requirement to report non-compliance with chapter)
Chapter 6B, part 5—
omit.
49Insertion of new ss 329A and 329B
After section 329—
insert—(1)The Regulator may, with the approval of the Minister, make the following scheme directions—(a)scheme directions required or permitted to be made by a provision of this Act;(b)scheme directions providing for matters prescribed by regulation.(2)Scheme directions are taken to be subordinate legislation that is exempt subordinate legislation.(1)The Regulator must keep the following registers—(a)a register of persons authorised to make DPI assessments under section 179;(b)a register of providers of attendant care and support and other services as mentioned in section 232K;(c)any other register prescribed by regulation.(2)The Regulator may make a register publicly available on the department’s website or available to insurers or employers by other means the Regulator considers appropriate.
50Replacement of s 486A (Code of practice)
Section 486A—
omit, insert—(1)The Minister may make codes of practice under this Act.(2)A code of practice may state action to be taken by an insurer, employer or other person in performing functions, exercising powers or complying with obligations under this Act.A code of practice may state action to be taken in relation to the following—(a)training and development for claims managers or other staff or contractors;(b)referring workers to early support services for psychiatric or psychological injuries;(c)managing complaints against providers of workplace rehabilitation services or employers.(3)In particular, a code of practice may prescribe, for a reasonable steps offence, steps that are reasonable steps.(4)A code of practice is taken to be subordinate legislation that is exempt subordinate legislation.(5)The Minister must review a code of practice at least once every 5 years.(6)In this section—reasonable steps offence means—(a)an offence against—(i)section 220(1); or(ii)section 228(1)(b) or (c); or(iii)section 229A; or(iv)section 232AC(2); or(b)an offence prescribed by regulation to be a reasonable steps offence.
51Amendment of s 486B (Effect of code of practice)
(1)Section 486B(1), after ‘a code of practice’—
insert—made under section 486A
(2)Section 486B(1), ‘an insurer’—
omit, insert—a person
(3)Section 486B(1), ‘its functions, exercise its powers and meets its obligations’—
omit, insert—the person’s functions, exercise the person’s powers, or comply with the person’s obligations
(4)Section 486B(2)—
omit, insert—(2)A person to whom a code of practice made under section 486B applies must take the action stated in the code for performing the person’s functions, exercising the person’s powers, or complying with the person’s obligations, under this Act.Maximum penalty—
(a)for an offence committed in the capacity of an insurer—1,000 penalty units; or(b)for an offence committed in the capacity of an employer—500 penalty units; or(c)in any other case—300 penalty units.(3)Subsection (2) does not apply if the failure to take action stated in the code of practice constitutes an offence against another provision of this Act.(4)Subsection (5) applies in relation to a prosecution for—(a)an offence against subsection (2); or(b)an offence against another provision of this Act that is constituted by a failure to take action stated in a code of practice.(5)It is a defence for the defendant to prove that the defendant took action that is as effective as, or more effective than, the action stated in the code of practice.
52Omission of s 536 (Duty to report fraud or false or misleading information or documents)
Section 536—
omit.
53Insertion of new ch 12, pts 3 and 4
Chapter 12—
insert—(1)WorkCover or a self-insurer must—(a)inform the Regulator if WorkCover or the self-insurer forms a reasonable belief that a category 1 offence is being or has been committed; and(b)give the Regulator the information WorkCover or the self-insurer has about the grounds for the belief.Maximum penalty—50 penalty units.
(2)An employer who is not a self-insurer must—(a)inform WorkCover if the employer forms a reasonable belief that a category 2 offence is being or has been committed; and(b)give WorkCover the information the employer has about the grounds for the belief.Maximum penalty—50 penalty units.
(3)A regulation may prescribe how and when information must be given to the Regulator or WorkCover for the purposes of subsection (1) or (2).(4)Subject to a regulation made for subsection (3), the information must be given to the Regulator or WorkCover without delay.(5)In this section—category 1 offence means—(a) an offence against any of the following—(i)chapter 6B, part 2;(ii)section 325P;(iii)section 325R;(iv)section 325T;(v)section 533;(vi)section 534; or(b)an offence prescribed by regulation to be a category 1 offence.category 2 offence means—(a) an offence against—(i)section 533; or(ii)section 534; or(b)an offence prescribed by regulation to be a category 2 offence.(1)A person must not cause, or attempt or conspire to cause, detriment to another person for either of the following reasons—(a)the other person has made, or intends to make, an enforcement disclosure;(b)the person believes the other person has made, or intends to make, an enforcement disclosure.Maximum penalty—300 penalty units.
(2)For subsection (1)—(a)an attempt to cause detriment includes an attempt to induce a person to cause detriment; and(b)the reason need not be the only or main reason for causing the detriment but must be a substantial reason.(3)The Public Interest Disclosure Act 2010, chapter 4 (except section 41) applies in relation to an enforcement disclosure as if—(a)the enforcement disclosure were a public interest disclosure; and(b)the contravention of this section relating to the enforcement disclosure were the taking of a reprisal under that Act; and(c)the reference in section 43 of that Act to a contravention of section 40 of that Act were a reference to the contravention of this section; and(d)the provisions were subject to any other modifications prescribed by regulation for the purposes of this subsection.(4)In this section—enforcement disclosure means—(a)giving information to the Regulator or WorkCover under section 537A; or(b)giving assistance or further information to the Regulator or WorkCover in relation to information given under section 537A.(1)An authorised person appointed by the Regulator may give a person a written notice (a compliance notice) requiring the person to take stated action, or to refrain from taking stated action, to prevent a contravention of this Act from continuing or being repeated.If the contravention constitutes an offence, compliance with the compliance notice does not prevent prosecution for the alleged offence.(2)The authorised person must be satisfied on reasonable grounds that the person—(a)has contravened this Act; and(b)the contravention is continuing or is likely to be repeated.(3)The compliance notice must state—(a)the name of the person to whom it is given; and(b)details of—(i)the alleged contravention; and(ii)the grounds relied on under subsection (2); and(iii)the facts establishing the grounds; and(c)the action required to be taken, or refrained from being taken, to prevent the contravention continuing or being repeated; and(d)the day by which the notice must be complied with; and(e)that failure to comply with the notice is an offence; and(f)that the person may, within 10 business days after the day the notice is given to the person, apply to the Regulator for review of the compliance notice; and(g)that, under section 537D(5), an application for review of the compliance notice stays the operation of the notice.(4)The action required to be taken, or refrained from being taken—(a)may be expressed as action that may be chosen by the person from a range of stated measures; and(b)must be relevant, reasonable and able to be followed.(5)The day stated as the day by which the notice must be complied with must be reasonable in the circumstances.(6)An authorised person appointed by the Regulator may, by written notice to the person to whom the compliance notice is given, amend the compliance notice—(a)by stating a later day by which the notice must be complied with; or(b)by making a minor change to correct an error or for clarification.(7)An authorised person cannot amend the compliance notice under subsection (6) after the day by which the notice must be complied with.(8)The Regulator may, on the Regulator’s own initiative, withdraw the compliance notice at any time by written notice to the person to whom it is given.(9)A compliance notice is not invalid only because of—(a)a formal defect or irregularity in the notice unless the defect or irregularity causes or is likely to cause substantial injustice; or(b)a failure to use the correct name or address of the person to whom the notice is given if the notice sufficiently identifies the person and is served on the person.(1)A person to whom a compliance notice is given may apply to the Regulator for review of the compliance notice.(2)The application must be made within 10 business days after the day the compliance notice is given to the person.(3)The Regulator may, at any time, extend the time for making the application.(4)The application—(a)must be made in the approved form and given to the Regulator; and(b)must state the grounds on which the applicant seeks review; and(c)may be accompanied by evidence or information the applicant wants considered in the review.(5)An application for review has the effect of staying the operation of the compliance notice until the review is decided and the period for appealing against the decision on the review expires.(6)The Regulator—(a)must review the decision to issue the notice and the terms of the notice as issued or amended; and(b)may ask the applicant to provide further information reasonably necessary for making a decision on the application.(7)The Regulator must decide the application within 10 business days after the day the application is made.(8)However, the time for making a decision may be extended if, in the opinion of the Regulator, the extension is reasonably necessary—(a)to enable the applicant to provide further information; or(b)to consider further information provided by the applicant.(9)In deciding a review, the Regulator has the same powers as an authorised person has to issue a compliance notice.(10)The Regulator may—(a)confirm the compliance notice; or(b)withdraw the compliance notice; or(c)withdraw the compliance notice and issue a new compliance notice in a form the Regulator considers appropriate.(11)The Regulator must give the applicant written notice of the Regulator’s decision as soon as practicable.(12)The notice must state the reasons for the decision.(13)If the Regulator confirms the compliance notice or issues a new compliance notice, the notice must also state—(a)that the applicant may appeal against the decision to the industrial commission within 20 business days after the day the notice is given; and(b)that, under section 537E(4), an appeal against the decision stays the operation of the notice subject to an order of the industrial commission.537E Appeal to industrial commission
(1)An applicant for review of a compliance notice may appeal to the industrial commission against the Regulator’s decision on the review.(2)The appeal must be started by filing a notice of appeal in the industrial registry within 20 business days after notice of the Regulator’s decision is given to the person.(3)The industrial commission may, at any time, extend the time for making the appeal.(4)An appeal has the effect of staying the operation of the compliance notice until the appeal is finally decided.(5)However, the industrial commission may, on the application of the Regulator or on its own initiative, make an order lifting the stay on the operation of the compliance notice or a stated part of the compliance notice if satisfied that it is in the interests of justice to do so.(6)An order under subsection (5) may state a day by which the compliance notice, or the stated part of the compliance notice, to which the order relates must be complied with.(7)The Regulator and the appellant may be represented by a lawyer in the proceedings.(8)The Regulator must comply with a request of the industrial commission to give the commission—(a)documents or things in the Regulator’s possession or control that may be relevant to the appeal; or(b)an additional statement containing stated further particulars relating to the Regulator’s reasons for the decision.(9)In deciding the appeal, the industrial commission has the same powers as the Regulator in deciding the review of the compliance notice.(10)The Industrial Relations Act 2016, section 447(2), does not apply to the appeal.(11)The industrial commission may—(a)confirm the Regulator’s decision; or(b)set aside the Regulator’s decision and substitute another decision; or(c)set aside the decision and return the matter to the Regulator with the directions the commission considers appropriate.(12)The industrial commission must give a written copy of the decision to the Regulator and appellant.(13)A regulation may prescribe circumstances in which costs are in the industrial commission’s discretion.537F Offence of failure to comply with compliance notice
A person to whom a compliance notice is given must take action, or refrain from taking action, as stated in the notice.Maximum penalty—300 penalty units.
54Amendment of s 540 (Application of pt 2)
Section 540(1)(a)(iv), after ‘109A’—
insert—, 146A
55Amendment of s 544 (Decision-maker must give information to Regulator)
(1)Section 544—
insert—(1A)The notice may state the way the information, documents and reasons must be given.(2)Section 544(1A) to (3)—
renumber as section 544(2) to (4).
56Amendment of s 579 (Summary proceedings for offences other than against ch 8)
Section 579(6), definition prescribed offence, paragraph (b), ‘part 2’—
omit, insert—part 2, 3 or 4
57Replacement of s 587 (Service of documents)
Section 587—
omit, insert—(1)This section applies if a provision of this Act requires or permits a document to be given to a person by the Regulator, WorkCover or an authorised person.(2)For the Acts Interpretation Act 1954, section 39, the address of the person’s place of residence or business includes the person’s postal address.(3)Without limiting the Acts Interpretation Act 1954, section 39, the document may—(a)be sent by email to the person’s email address last notified to the Regulator or WorkCover by the person; or(b)be made available to the person or given in a way prescribed by regulation.(4)The document is taken to be given—(a)if sent by email—on the day the email is sent; or(b)if made available to the person or given in a way prescribed by regulation—on the day prescribed by regulation.(5)However, if the document is given after 5p.m. on a particular day, the document is taken to be given to the person on the next business day.
After chapter 37—
insert—Chapter 38 Transitional provisions for Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2024
In this chapter—former, for a provision of this Act, means the provision in force immediately before the commencement of the provision in which the term is used.new, for a provision of this Act, means the provision in force from the commencement of the provision in which the term is used.749Application of amendments relating to firefighters
New section 36E and new schedule 4A apply in relation to—(a)a worker who has made an application for compensation before the commencement if the insurer has not made a decision to allow or reject the application before the commencement; and(b)a worker who makes an application for compensation after the commencement.New sections 146A to 146C apply in relation to an application for compensation made after the commencement, regardless of whether the injury happened before or after the commencement.751GEPI taken to be scheme directions
From the commencement, the Guidelines for the Evaluation of Permanent Impairment, as in effect immediately before the commencement under former section 183, are taken to be scheme directions made for new section 179.752Guideline for rehabilitation to be scheme directions
From the commencement, the Guidelines for standard for rehabilitation (second edition), made by the Regulator and prescribed by regulation for former section 228(2), are taken to be scheme directions made for new section 228(1)(a).From the commencement, the register kept under former section 232K is taken to be a register kept under new section 329B(1)(b).
59Amendment of sch 3 (Who is an employer in particular circumstances)
Schedule 3—
insert—9A person is the employer of a person who is a worker under section 11(1)(b) if—(a)the person is a regulated business under the Fair Work Act 2009 (Cwlth); and(b)a minimum standards order, minimum standards guideline or collective agreement applies to, or covers, the person under chapter 3A of that Act; and(c)the person is prescribed by regulation to be the employer of the worker.
60Amendment of sch 4A (Specified diseases)
Schedule 4A, table—
omit, insert—
Column 1
DiseaseColumn 2
Minimum number of yearsasbestos related disease
15 years
malignant mesothelioma
15 years
multiple myeloma
15 years
primary site bladder cancer
15 years
primary site brain cancer
5 years
primary site breast cancer
10 years
primary site cervical cancer
10 years
primary site colorectal cancer
15 years
primary site kidney cancer
15 years
primary site leukaemia
5 years
primary site liver cancer
15 years
primary site lung cancer
15 years
primary site non-Hodgkins lymphoma
15 years
primary site oesophageal cancer
15 years
primary site ovarian cancer
10 years
primary site pancreatic cancer
10 years
primary site penile cancer
15 years
primary site prostate cancer
15 years
primary site skin cancer
15 years
primary site testicular cancer
10 years
primary site thyroid cancer
10 years
primary site ureter cancer
15 years
61Amendment of sch 6 (Dictionary)
(1)Schedule 6, definitions DPI, employee organisation, GEPI and workplace—
omit.(2)Schedule 6—
insert—compliance notice see section 537C(1).DPI see section 179(1).employee organisation means an organisation of employees that is a registered industrial organisation.registered industrial organisation means an organisation under—(a)the Industrial Relations Act 2016; or(b)the Fair Work (Registered Organisations) Act 2009 (Cwlth).scheme directions means scheme directions in force under section 329A.provider of workplace rehabilitation services means a person who provides services for the rehabilitation of a worker, but does not include the worker’s employer.workplace—(a)means a place where work is, is to be, or is likely to be, performed by a worker or employer and is a place—(i)that is for the time being occupied by the employer or under the control or direction of the worker’s employer; or(ii)where the worker is under the control or direction of the worker’s employer; and(b)for chapter 12, part 1, includes a place of business of an insurer.(3)Schedule 6, definition table of costs, ‘or rehabilitation’—
omit, insert—, rehabilitation or other goods or services
Part 5 Amendment of Workers’ Compensation and Rehabilitation Regulation 2014
This part amends the Workers’ Compensation and Rehabilitation Regulation 2014.See also the amendments in schedule 1.
63Omission of s 116 (Standard for rehabilitation—Act, s 228(2))
Section 116—
omit.
After section 144C—
insert—144D Information statements—Act, ss 46B and 132AA
(1)For sections 46B(3) and 132AA(2) of the Act, an information statement must be in the form approved by the Regulator.(2)Without limiting the content of an information statement, the statement must include information about the provisions in the workers’ compensation scheme for a worker—(a)to make an application for compensation for an injury sustained by the worker; and(b)to choose the registered person who will provide medical treatment for the injury; and(c)to choose who is present during medical treatment for the injury; and(d)to choose a different workplace rehabilitation provider if dissatisfied with a provider chosen by the insurer; and(e)to be consulted in the preparation and review of a rehabilitation and return to work plan under section 221 of the Act; and(f)to seek advice and support from a lawyer or a registered industrial organisation as the worker considers appropriate.
Schedule 1 amends the legislation it mentions.
1Section 42(c), ‘section 220(5)’—
omit, insert—section 221
2Chapter 3, part 9, division 3, heading, ‘pt 9’—
omit, insert—part 9
3Section 186(2)(b)(i), from ‘by an entity’ to ‘section 179(3))’—
omit, insert—by a different entity agreed to by the worker and the insurer
4Section 220(4)(a) as amended by this Act, ‘subsection (2)(b) and (c)’—
omit, insert—subsection (3)(b) and (c)
5Section 220(4)(b) as amended by this Act, ‘subsection (2)(c)’—
omit, insert—subsection (3)(c)
6Section 220(5) as amended by this Act, ‘subsection (2)’—
omit, insert—subsection (3)
7Section 220(6)(a), ‘subsection (3)’—
omit, insert—subsection (4)
8Section 220(6)(a), ‘subsection (2)(b) or (c)’—
omit, insert—subsection (3)(b) or (c)
9Section 220(6)(b), ‘subsection (4)’—
omit, insert—subsection (4)
10Section 305D(3)(b), ‘he or she’—
omit, insert—the worker
11Section 305D(3)(b), ‘his or her’—
omit, insert—the worker’s
12Section 325Q(2), examples, before ‘industrial organisation’—
insert—registered
omit, insert—(ii)a registered industrial organisation; or
14Section 325S(3), definition industrial organisation—
omit.
15Section 325T(3)(c)(i), before ‘industrial’—
insert—registered
16Section 325T(5), definition industrial organisation—
omit.
17Section 326(3), ‘his or her other’—
omit, insert—another
18Section 469(1)(a), ‘his or her’—
omit, insert—the authorised person’s
19Section 523(2)(a), ‘himself or herself’—
omit, insert—themself
20Section 523(3), ‘he or she’—
omit, insert—the authorised person or assistant
omit, insert—(a)produce the authorised person’s identity card to that person for inspection; and
22Section 540(1)(a)(xiiaa) and (1)(b)(viaa), ‘section 220(3)’—
omit, insert—section 220(4)
23Section 540(1)(a)(xiiab) and (2)(b)(viab), ‘section 220(4)’—
omit, insert—section 220(5)
24Section 586B(3)(e), ‘he or she’—
omit, insert—the employee
1Section 114(c), ‘section 220(5)’—
omit, insert—section 221
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