Workers’ Compensation and Rehabilitation Act 2003

An Act to establish a workers’ compensation scheme for Queensland, and for other purposes

1Short title

This Act may be cited as the Workers’ Compensation and Rehabilitation Act 2003.

2Commencement

(1)Sections 613 to 618 and 621 are taken to have commenced on 1 April 2003.

(2)The remaining provisions of this Act, (other than sections 612, 619 and 620) commence on 1 July 2003.

3Act binds all persons

This Act binds all persons, including the State, and, so far as the legislative power of Parliament permits, the other States.

3ANotes in text

A note in the text of this Act is part of the Act.

s 3A ins 2005 No. 50 s 4

4Objects of Act

(1)This part states the main objects of this Act.

(2)The objects are an aid to the interpretation of this Act.

5Workers’ compensation scheme

(1)This Act establishes a workers’ compensation scheme for Queensland—

(a)providing benefits for workers who sustain injury in their employment, for dependants if a worker’s injury results in the worker’s death, for persons other than workers, and for other benefits; and

(b)encouraging improved health and safety performance by employers.

(2)The main provisions of the scheme provide the following for injuries sustained by workers in their employment—

(a)compensation;

(aa)implementation of the national injury insurance scheme for serious personal injuries resulting from workplace incidents connected with Queensland;

(b)regulation of access to damages;

(c)employers’ liability for compensation;

(d)employers’ obligation to be covered against liability for compensation and damages either under a WorkCover insurance policy or under a licence as a self-insurer;

(e)management of compensation claims by insurers;

(f)injury management, emphasising rehabilitation of workers particularly for return to work;

(g)procedures for assessment of injuries by appropriately qualified persons or by independent medical assessment tribunals;

(h)rights of review of, and appeal against, decisions made under this Act.

(3)There is some scope for the application of this Act to injuries sustained by persons other than workers, for example—

(a)under arrangements for specified benefits for specified persons or treatment of specified persons in some respects as workers; and

(b)under procedures for assessment of injuries under other Acts by medical assessment tribunals established under this Act.

(4)It is intended that the scheme should—

(a)maintain a balance between—

(i)providing fair and appropriate benefits for injured workers or dependants and persons other than workers; and

(ii)ensuring reasonable cost levels for employers; and

(b)ensure that injured workers or dependants are treated fairly by insurers; and

(c)provide for the protection of employers’ interests in relation to claims for damages for workers’ injuries; and

(d)provide for employers and injured workers to participate in effective return to work programs; and

(da)provide for workers or prospective workers not to be prejudiced in employment because they have sustained injury to which this Act or a former Act applies; and

(e)provide for flexible insurance arrangements suited to the particular needs of industry.

(5)Because it is in the State’s interests that industry remain locally, nationally and internationally competitive, it is intended that compulsory insurance against injury in employment should not impose too heavy a burden on employers and the community.

s 5 amd 2005 No. 11 s 59; 2005 No. 50 ss 5, 3 sch; 2007 No. 52 s 4; 2016 No. 44 s 3

6Administration

This Act provides for the efficient administration of the scheme and of this Act through the establishment of the office of the Workers’ Compensation Regulator and WorkCover.

s 6 sub 2013 No. 52 s 58

7Definitions

The dictionary in schedule 6 defines particular words used in this Act.

8Meaning of accident insurance

Accident insurance is insurance by which an employer is indemnified against all amounts for which the employer may become legally liable, for injury sustained by a worker employed by the employer for—

(a)compensation; and

(b)damages.

9Meaning of compensation

Compensation is compensation under this Act, that is, amounts for a worker’s injury payable under chapters 3, 4 and 4A by an insurer to a worker, a dependant of a deceased worker or anyone else, and includes compensation paid or payable under a former Act.

s 9 amd 2016 No. 44 s 4

10Meaning of damages

(1)Damages is damages for injury sustained by a worker in circumstances creating, independently of this Act, a legal liability in the worker’s employer to pay damages to—

(a)the worker; or

(b)if the injury results in the worker’s death—a dependant of the deceased worker.

(2)A reference in subsection (1) to the liability of an employer does not include a liability against which the employer is required to provide under—

(a)another Act; or

(b)a law of another State, the Commonwealth or of another country.

(3)Also, a reference in subsection (1) to the liability of an employer does not include a liability to pay damages for loss of consortium resulting from injury sustained by a worker.

10AMeaning of QOTE

(1)QOTE, for a financial year, is—

(a)the amount of Queensland full-time adult persons ordinary time earnings declared by the Australian Statistician in the original series of the statistician’s average weekly earnings publication most recently published before the start of the financial year; or

(b)if the amount mentioned in paragraph (a) is less than QOTE for the previous financial year—the amount that is QOTE for the previous financial year.

(2)The Regulator must, before the start of a financial year, notify—

(a)QOTE for the financial year; and

(b)the percentage difference in QOTE for the financial year compared to QOTE for the previous financial year.

(3)The percentage difference under subsection (2)(b) may be rounded to the nearest second decimal place.

(4)The Regulator’s notice is subordinate legislation.

s 10A (prev s 107) sub 2013 No. 52 s 67; 2016 No. 44 s 11

amd 2019 No. 33 s 41(1)–(2)

reloc and renum 2019 No. 33 s 41(3)

11Who is a worker

(1)A worker is a person who—

(a)works under a contract; and

(b)in relation to the work, is an employee for the purpose of assessment for PAYG withholding under the Taxation Administration Act 1953 (Cwlth), schedule 1, part 2-5.

(2)Also, schedule 2, part 1 sets out who is a worker in particular circumstances.

(3)However, schedule 2, part 2 sets out who is not a worker in particular circumstances.

(4)Only an individual can be a worker for this Act.

s 11 sub 2004 No. 45 s 4

amd 2013 No. 29 s 71

ch 1 pt 4 div 3 sdiv 1A hdg ins 2016 No. 44 s 6

11ACompensation to which this division does not apply

In this division, a reference to an entitlement to compensation does not include an entitlement to compensation under chapter 4A.

s 11A ins 2016 No. 44 s 6

12Entitlements of persons mentioned in sdiv 1

(1)A person mentioned in this subdivision who is covered under a contract of insurance entered into with WorkCover for this subdivision has, subject to this subdivision—

(a)an entitlement to weekly payments of compensation under chapter 3, part 9, division 4, subdivision 3 and division 5, subdivision 1; and

(b)for all other entitlements—the same entitlements to compensation as a worker.

(2)The contract must not cover the payment of damages for injury sustained by the person.

(2A)However, the contract must cover the payment of damages if the person is a specified volunteer firefighter who sustains an injury that is a specified disease.

Note—

See also section 236A about the application of chapter 5 to specified volunteer firefighters.

(3)For the purpose of the contract, in the application of the definition injury to the person—

(a)the activity covered by the contract is taken to be the person’s employment; and

(b)the party with whom WorkCover enters the contract is taken to be the person’s employer.

s 12 amd 2003 No. 85 s 28 sch; 2015 No. 13 s 14 (retro)

13Particular persons under Disaster Management Act 2003

(1)WorkCover may enter into a contract of insurance for this subdivision with the commissioner under the Fire and Emergency Services Act 1990.

(2)The contract may cover—

(a)a member of the State Emergency Service or an emergency service unit under the Fire and Emergency Services Act 1990; or

(b)a person required to give reasonable help under section 77(1)(q), 107(2)(h) or 112(3)(g) of that Act; or

(c)another person performing a function or exercising a power under that Act.

(3)A person covered by the contract is entitled to compensation for injury sustained only while engaged in disaster operations or performing an emergency function, or participating in an activity arising out of, or in the course of, disaster operations or performing an emergency function, including training.

(4)In this section—

disaster operations see the Disaster Management Act 2003, section 15.

emergency function means a function of the State Emergency Service or an emergency service unit under the Fire and Emergency Services Act 1990.

s 13 amd 2003 No. 91 s 175 sch 1; 2014 No. 17 s 184 sch 1 pt 4

14Rural fire brigade member

(1)WorkCover may enter into a contract of insurance for this subdivision with the authority responsible for management of a rural fire brigade under the Fire and Emergency Services Act 1990.

(2)The contract may cover a member of the rural fire brigade.

(3)A person covered by the contract is entitled to compensation for injury sustained only while performing duties, including being trained, as a member of the rural fire brigade.

(4)However, a person covered by the contract is also entitled to compensation if the person is a specified volunteer firefighter who sustains an injury that is a specified disease.

(5)Subsections (3) and (4) do not limit section 12(2A).

s 14 amd 2014 No. 17 s 184 sch 1 pts 2, 4; 2015 No. 13 s 15 (retro)

15Volunteer firefighter or volunteer fire warden

(1)WorkCover may enter into a contract of insurance for this subdivision with the authority responsible for the management of the State’s fire services.

(2)The contract may cover a volunteer firefighter or a volunteer fire warden (volunteer).

(3)A person covered by the contract is entitled to compensation for injury sustained only while attending at a fire, or practising, or performing any other duty, as a volunteer.

(4)However, a person covered by the contract is also entitled to compensation if the person is a specified volunteer firefighter who sustains an injury that is a specified disease.

(5)Subsections (3) and (4) do not limit section 12(2A).

s 15 amd 2015 No. 13 s 16 (retro)

16Local government, statutory or industrial body member

(1)WorkCover may enter into a contract of insurance for this subdivision with a local government, statutory body, industrial union of employees or employers or an association of employers or a similar body of a public nature (public body).

(2)The contract may cover a councillor, member, delegate or similar person of the public body (member).

(3)A person covered by the contract is entitled to compensation for injury sustained only while attending meetings of the public body or performing any other duty of office as a member.

Note—

A local government councillor can also be covered by a self-insurer’s licence—see chapter 2 (Employer’s obligations), part 4 (Employer’s self-insurance), division 1A (Local government self-insurers).

s 16 amd 2003 No. 85 s 28 sch

17Honorary ambulance officers

(1)WorkCover may enter into a contract of insurance for this subdivision with the authority responsible for the State’s ambulance transport.

(2)The contract may cover an honorary ambulance officer (volunteer).

(3)A person covered by the contract is entitled to compensation for injury sustained only while performing a duty required of the person as a volunteer.

18Person in voluntary or honorary position with religious, charitable or benevolent organisation

(1)WorkCover may enter into a contract of insurance for this subdivision with a church, non-profit charitable organisation or benevolent institution (institution).

(2)The contract may cover a person in a voluntary or honorary position with the institution (volunteer).

(3)A person covered by the contract is entitled to compensation for injury sustained only while engaged on a specific capital undertaking of the institution and performing a duty required by or for the institution for the undertaking, as a volunteer.

19Person in voluntary or honorary position with non-profit organisation

(1)WorkCover may enter into a contract of insurance for this subdivision with a non-profit organisation.

(2)The contract may cover a person in a voluntary or honorary position with the organisation (volunteer).

(3)A person covered by the contract is entitled to compensation for injury sustained only while attending meetings and performing any other duty the organisation requires, as a volunteer.

20Entitlements of persons mentioned in sdiv 2

(1)A person mentioned in this subdivision who is covered under a contract of insurance entered into with WorkCover for this subdivision has, subject to this subdivision—

(a)an entitlement to weekly payments of compensation under chapter 3, part 9, division 4, subdivision 3 and division 5, subdivision 1; and

(b)for all other entitlements—the same entitlements to compensation as a worker.

(2)The contract does not cover payment of damages for injury sustained by the person.

(3)For the purpose of the contract, in the application of the definition injury to the person—

(a)the activity covered by the contract is taken to be the person’s employment; and

(b)the party with whom WorkCover enters the contract is taken to be the person’s employer.

s 20 amd 2003 No. 85 s 28 sch

21Persons performing community service or unpaid duties

(1)WorkCover may enter into a contract of insurance for this subdivision with the authority responsible for directing the performance of—

(a)community service under a community service order or fine option order under the Penalties and Sentences Act 1992; or

(b)community service under a community service order under any other Act; or

(c)a work related activity or program as part of an order or program under the Youth Justice Act 1992, other than an activity or program performed while in the custody of the chief executive (corrective services).

Note—

For the definition chief executive (corrective services), see the Acts Interpretation Act 1954, schedule 1.

(2)The contract may cover a person performing the community service or the work related activity or program.

(3)A person covered by the contract is entitled to compensation for injury sustained only while performing the community service or the work related activity or program.

s 21 amd 2009 No. 34 s 45 (1) sch pt 1 amdt 34; 2010 No. 24 s 3 sch; 2013 No. 39 s 111 sch 4

22Students

(1)WorkCover may enter into—

(a)a contract of insurance for this subdivision with the authority through which is administered the Education (Work Experience) Act 1996 in relation to a State student; or

(b)a contract of insurance for this subdivision with the person having control of a non-State school in relation to a student enrolled at the school who is 14 or over; or

(c)a contract of insurance for this subdivision with a registered training organisation attended by a vocational placement student.

(2)The contract may cover the student for injury arising out of, or in the course of, work experience or vocational placement as provided under a regulation but must not cover a student for damages.

(3)The student has the entitlement to compensation for injury that is provided under a regulation.

(4)In this section—

non-State school means an accredited school under the Education (Accreditation of Non-State Schools) Act 2017.

registered training organisation see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

State student means a student defined in the Education (Work Experience) Act 1996, dictionary.

s 22 amd 2003 No. 63 s 60 sch; 2014 No. 25 s 223 sch 1 pt 2; 2017 No. 24 s 266

23Meaning of eligible person

An eligible person is an individual who, other than as a worker, receives remuneration or other benefit for performing work, or providing services as—

(a)a contractor; or

(b)a self-employed individual; or

(c)a director of a corporation; or

(d)a trustee; or

(e)a member of a partnership.

24Eligible person may apply to be insured

WorkCover must enter into a contract of insurance for this subdivision with an eligible person who wishes to enter into a contract of insurance with WorkCover for this subdivision.

25Entitlements of eligible persons

(1)A person mentioned in this subdivision who is covered under a contract of insurance entered into with WorkCover for this subdivision has, subject to this subdivision—

(a)an entitlement to weekly payments of compensation under chapter 3, part 9, division 4, subdivision 4 and division 5, subdivision 2; and

(b)for all other entitlements—the same entitlements to compensation as a worker.

(2)The contract does not cover payment of damages for injury sustained by the person.

26Other persons

(1)WorkCover may enter into a contract of insurance for this subdivision with a person (the insured person), whether or not an employer, for injury sustained by other persons.

(2)The contract may cover a person who performs work or provides a service from which the insured person gains a benefit for the same entitlements provided to a worker under this Act.

(3)Cover under the contract must not exceed the cover available under this Act for—

(a)compensation; or

(b)damages.

27Meaning of dependant

A dependant, of a deceased worker, is a member of the deceased worker’s family who was completely or partly dependent on the worker’s earnings at the time of the worker’s death or, but for the worker’s death, would have been so dependent.

28Meaning of member of the family

A person is a member of the family of a deceased worker, if the person is—

(a)the worker’s—

(i)spouse; or

(ii)parent, grandparent or step-parent; or

(iii)child, grandchild or stepchild; or

(iv)brother, sister, half-brother or half-sister; or

(b)if the worker stands in the place of a parent to another person—the other person; or

(c)if another person stands in the place of a parent to the deceased worker—the other person.

s 28 amd 2010 No. 24 s 3 sch

29Who is the spouse of a deceased worker

(1)The spouse, of a deceased worker, includes the worker’s de facto partner only if the worker and the de facto partner lived together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954, section 32DA—

(a)generally—

(i)for a continuous period of at least 2 years ending on the worker’s death; or

(ii)for a shorter period ending on the deceased’s death, if the circumstances of the de facto relationship of the deceased and the de facto partner evidenced a clear intention that the relationship be a long-term, committed relationship; or

(b)if the deceased left a dependant who is a child of the relationship—immediately before the worker’s death.

(2)In this section—

child of the relationship means a child of the worker and the de facto partner, and includes a child born after the worker’s death.

dependant includes a child born after the worker’s death who would have been completely or partly dependent on the worker’s earnings after the child’s birth if the worker had not died.

30Who is an employer

(1)An employer is a person who engages a worker to perform work.

(2)Also, schedule 3 sets out who is an employer in particular circumstances.

(3)To remove doubt, a reference to an employer of a worker who sustains an injury is a reference to the employer out of whose employment, or in the course of whose employment, the injury arose.

(4)In this section—

contract includes agreement and arrangement.

person includes—

(a)a government entity; and

(b)the legal personal representative of a deceased individual.

s 30 sub 2004 No. 45 s 5

amd 2013 No. 29 s 72

ch 1 pt 4 div 6 hdg sub 2005 No. 50 s 3 sch

31Meaning of event

(1)An event is anything that results in injury, including a latent onset injury, to a worker.

(2)An event includes continuous or repeated exposure to substantially the same conditions that results in an injury to a worker.

(3)A worker may sustain 1 or multiple injuries as a result of an event whether the injury happens or injuries happen immediately or over a period.

(4)If multiple injuries result from an event, they are taken to have happened in 1 event.

s 31 amd 2005 No. 50 s 3 sch

32Meaning of injury

(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)However, employment need not be a contributing factor to the injury if section 34(2) or 35(2) applies.

(3)Injury includes the following—

(a)a disease contracted in the course of employment, whether at or away from the place of employment, if the employment is a significant contributing factor to the disease;

(b)an aggravation of the following, if the aggravation arises out of, or in the course of, employment and the employment is a significant contributing factor to the aggravation—

(i)a personal injury;

(ii)a disease;

(iii)a medical condition, if the condition becomes a personal injury or disease because of the aggravation;

(c)loss of hearing resulting in industrial deafness if the employment is a significant contributing factor to causing the loss of hearing;

(d)death from injury arising out of, or in the course of, employment if the employment is a significant contributing factor to causing the injury;

(e)death from a disease mentioned in paragraph (a), if the employment is a significant contributing factor to the disease;

(f)death from an aggravation mentioned in paragraph (b), if the employment is a significant contributing factor to the aggravation.

(4)For subsection (3)(b), to remove any doubt, it is declared that an aggravation mentioned in the provision is an injury only to the extent of the effects of the aggravation.

(5)Despite subsections (1) and (3), injury does not include a psychiatric or psychological disorder arising out of, or in the course of, any of the following circumstances—

(a)reasonable management action taken in a reasonable way by the employer in connection with the worker’s employment;

(b)the worker’s expectation or perception of reasonable management action being taken against the worker;

(c)action by the Regulator or an insurer in connection with the worker’s application for compensation.

Examples of actions that may be reasonable management actions taken in a reasonable way—

•action taken to transfer, demote, discipline, redeploy, retrench or dismiss the worker

•a decision not to award or provide promotion, reclassification or transfer of, or leave of absence or benefit in connection with, the worker’s employment

s 32 amd 2004 No. 45 s 6; 2013 No. 52 ss 59, 114 sch 2; 2019 No. 33 s 34

33Application of sdiv 3

This subdivision does not limit the circumstances in which an injury to a worker arises out of, or in the course of, the worker’s employment.

34Injury while at or after worker attends place of employment

(1)An injury to a worker is taken to arise out of, or in the course of, the worker’s employment if the event happens on a day on which the worker has attended at the place of employment as required under the terms of the worker’s employment—

(a)while the worker is at the place of employment and is engaged in an activity for, or in connection with, the employer’s trade or business; or

(b)while the worker is away from the place of employment in the course of the worker’s employment; or

(c)while the worker is temporarily absent from the place of employment during an ordinary recess if the event is not due to the worker voluntarily subjecting themself to an abnormal risk of injury during the recess.

(2)For subsection (1)(c), employment need not be a contributing factor to the injury.

s 34 amd 2013 No. 52 s 60

35Other circumstances

(1)An injury to a worker is also taken to arise out of, or in the course of, the worker’s employment if the event happens while the worker—

(a)is on a journey between the worker’s home and place of employment; or

(b)is on a journey between the worker’s home or place of employment and a trade, technical or other training school—

(i)that the worker is required under the terms of the worker’s employment to attend; or

(ii)that the employer expects the worker to attend; or

(c)for an existing injury for which compensation is payable to the worker—is on a journey between the worker’s home or place of employment and a place—

(i)to obtain medical or hospital advice, attention or treatment; or

(ii)to undertake rehabilitation; or

(iii)to submit to examination by a registered person under a provision of this Act or to a requirement under this Act; or

(iv)to receive payment of compensation; or

(d)is on a journey between the worker’s place of employment with 1 employer and the worker’s place of employment with another employer; or

(e)is attending a school mentioned in paragraph (b) or a place mentioned in paragraph (c).

(2)For subsection (1), employment need not be a contributing factor to the injury.

(3)For subsection (1), a journey from or to a worker’s home starts or ends at the boundary of the land on which the home is situated.

(4)In this section—

home, of a worker, means the worker’s usual place of residence, and includes a place where the worker—

(a)temporarily resided before starting a journey mentioned in this section; or

(b)intended to temporarily reside after ending a journey mentioned in this section.

s 35 amd 2013 No. 52 s 61

36Injury that happens during particular journeys

(1)This section applies if a worker sustains an injury in an event that happens during a journey mentioned in section 35.

(2)The injury to the worker is not taken to arise out of, or in the course of, the worker’s employment if the event happens—

(a)while the worker is in control of a vehicle and contravenes—

(i)the Transport Operations (Road Use Management) Act 1995, section 79, or a corresponding law, if the contravention is the major significant factor causing the event; or

(ii)the Criminal Code, section 328A or a corresponding law, if the contravention is the major significant factor causing the event; or

(b)during or after—

(i)a substantial delay before the worker starts the journey; or

(ii)a substantial interruption of, or deviation from, the journey.

(3)However, subsection (2)(b) does not apply if—

(a)the reason for the delay, interruption or deviation is connected with the workers’ employment; or

(b)the delay, interruption or deviation arises because of circumstances beyond the worker’s control.

(4)For subsection (2)(b)(i), in deciding whether there has been a substantial delay before the worker starts the journey, regard must be had to the following matters—

(a)the reason for the delay;

(b)the actual or estimated period of time for the journey in relation to the actual or estimated period of time for the delay.

(5)For subsection (2)(b)(ii), in deciding whether there has been a substantial interruption of, or deviation from the journey, regard must be had to the following matters—

(a)the reason for the interruption or deviation;

(b)the actual or estimated period of time for the journey in relation to the actual or estimated period of time for the interruption or deviation;

(c)for a deviation—the distance travelled for the journey in relation to the distance travelled for the deviation.

(6)In subsection (2)(a)(i) and (ii)—

corresponding law means a law of another State that is substantially equivalent—

(a)for subsection (2)(a)(i)—to the law mentioned in that provision; or

(b)for subsection (2)(a)(ii)—to the law mentioned in that provision.

ch 1 pt 4 div 6 sdiv 3A hdg ins 2005 No. 50 s 6

36ADate of injury

(1)This section applies if a person—

(a)is diagnosed by a doctor after the commencement of this section as having a latent onset injury; and

(b)applies for compensation for the latent onset injury.

(2)The following questions are to be decided under the relevant compensation Act as in force when the injury was sustained—

(a)whether the person was a worker under the Act when the injury was sustained;

(b)whether the injury was an injury under the Act when it was sustained.

(2A)However, subsection (2)(b) does not apply if the latent onset injury is a specified disease and section 36D applies to the person.

(3)Section 131 applies to the application for compensation as if the entitlement to compensation arose on the day of the doctor’s diagnosis.

(4)Subject to subsections (2) and (3), this Act applies in relation to the person’s claim as if the date on which the injury was sustained is the date of the doctor’s diagnosis.

(5)To remove any doubt, it is declared that nothing in subsection (4) limits section 236.

(6)Subsections (2) to (4) have effect despite section 603.

(7)In this section—

relevant compensation Act means this Act or a former Act.

s 36A amd 2015 No. 13 s 17 (retro)

ch 1 pt 4 div 6 sdiv 3B hdg ins 2015 No. 13 s 18 (retro)

36BDefinitions for sdiv 3B

In this subdivision—

employ includes engage.

firefighter means—

(a)a fire officer under the Fire and Emergency Services Act 1990; or

(b)a member of a rural fire brigade registered under the Fire and Emergency Services Act 1990, section 79; or

(c)a volunteer firefighter or volunteer fire warden engaged by the authority responsible for the management of the State’s fire services; or

(d)a person appointed or employed under the repealed Fire Brigades Act 1964, section 24; or

(e)a person appointed or employed under the repealed Rural Fires Act 1946, section 9.

specified disease means a disease mentioned in schedule 4A, column 1.

s 36B ins 2015 No. 13 s 18 (retro)

36DPresumption of injury

(1)This section applies to a person who—

(a)is diagnosed by a doctor for the first time as having a specified disease; and

(b)at any time before the diagnosis, was employed as a firefighter for at least the number of years mentioned in schedule 4A, column 2 opposite the specified disease.

(2)For the purposes of an entitlement to compensation, the specified disease is taken to be an injury.

(3)However, this section does not apply if it is proved that—

(a)the specified disease did not arise out of, or in the course of, the person’s employment as a firefighter; or

(b)the person’s employment as a firefighter is not a significant contributing factor to the specified disease.

s 36D ins 2015 No. 13 s 18 (retro)

36EDeciding number of years

(1)This section applies for deciding the number of years of the person’s employment as a firefighter for section 36D(1)(b).

(2)A period of 12 months may be included only if, throughout the period, the person—

(a)was employed for the purpose of firefighting; and

(b)attended fires to the extent reasonably necessary to fulfil the purpose of the person’s employment.

(3)However, the number of years may be made up by taking into account—

(a)more than 1 period of employment; or

(b)periods of employment as more than 1 type of firefighter.

Example—

A person was employed for firefighting and attended fires for 10 years before working in administrative and management roles for another 20 years. For section 36D(1)(b), the person was employed as a firefighter for 10 years.

(4)In this section—

firefighting means extinguishing, controlling or preventing the spread of fires.

s 36E ins 2015 No. 13 s 18 (retro)

ch 1 pt 4 div 6 sdiv 3C hdg ins 2017 No. 27 s 18

36FMeaning of pneumoconiosis score

A pneumoconiosis score is a score that—

(a)grades an injury that is pneumoconiosis; and

(b)is worked out using a chest image in the way prescribed by regulation.

s 36F ins 2017 No. 27 s 18

amd 2019 No. 33 s 35

37Meaning of impairment

An impairment, from injury, is a loss of, or loss of efficient use of, any part of a worker’s body.

38Meaning of permanent impairment

A permanent impairment, from injury, is an impairment that is stable and stationary and not likely to improve with further medical or surgical treatment.

ch 1 pt 4 div 6 sdiv 5 hdg ins 2005 No. 50 s 3 sch

39AMeaning of terminal condition

(1)A terminal condition, of a worker, is a condition certified by a doctor as being a condition that is expected to terminate the worker’s life.

(2)A condition is a terminal condition only if the insurer accepts the doctor’s diagnosis of the terminal nature of the condition.

s 39A (prev s 234) renum and reloc 2005 No. 50 s 3 sch

amd 2019 No. 33 s 36

40Meaning of rehabilitation

(1)Rehabilitation, of a worker, is a process designed to—

(a)ensure the worker’s earliest possible return to work; or

(b)maximise the worker’s independent functioning.

(2)Rehabilitation includes—

(a)necessary and reasonable—

(i)suitable duties programs; or

(ii)services provided by a registered person; or

(iii)services approved by an insurer; or

(b)the provision of necessary and reasonable aids or equipment to the worker.

(3)The purpose of rehabilitation is—

(a)to return the worker to the worker’s pre-injury duties; or

(b)if it is not feasible to return the worker to the worker’s pre-injury duties—to return the worker, either temporarily or permanently, to other suitable duties with the worker’s pre-injury employer; or

(c)if paragraph (b) is not feasible—to return the worker, either temporarily or permanently, to other suitable duties with another employer; or

(d)if paragraphs (a), (b) and (c) are not feasible—to maximise the worker’s independent functioning.

s 40 sub 2005 No. 50 s 7

41Meaning of rehabilitation and return to work coordinator

(1)A rehabilitation and return to work coordinator is a person who—

(a)is appropriately qualified to perform the functions of a rehabilitation and return to work coordinator under this Act; and

(b)has the functions prescribed under a regulation.

(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.

s 41 amd 2005 No. 50 s 3 sch

sub 2005 No. 50 s 8

amd 2007 No. 52 s 5; 2013 No. 52 s 62; 2019 No. 33 s 37

42Meaning of suitable duties

Suitable duties, in relation to a worker, are work duties for which the worker is suited having regard to the following matters—

(a)the nature of the worker’s incapacity and pre-injury employment;

(b)relevant medical information;

(c)the rehabilitation and return to work plan for the worker as developed under section 220(5);

(d)the provisions of the employer’s workplace rehabilitation policy and procedures;

(e)the worker’s age, education, skills and work experience;

(f)if duties are available at a location (the other location) other than the location in which the worker was injured—whether it is reasonable to expect the worker to attend the other location;

(g)any other relevant matters.

s 42 amd 2005 No. 50 s 9; 2019 No. 33 s 38

43Meaning of workplace rehabilitation

Workplace rehabilitation is a system of rehabilitation that is initiated or managed by an employer.

s 43 amd 2013 No. 52 s 114 sch 2; 2015 No. 13 s 23

44Meaning of workplace rehabilitation policy and procedures

Workplace rehabilitation policy and procedures are written policy and procedures for workplace rehabilitation.

s 44 amd 2013 No. 52 s 114 sch 2; 2015 No. 13 s 24

45Meaning of accredited workplace

An accredited workplace is a workplace that has workplace rehabilitation policy and procedures.

46Employer’s legal liability

(1)An employer is legally liable for compensation for injury sustained by a worker employed by the employer.

(2)This Act does not impose any legal liability on an employer for damages for injuries sustained by a worker employed by the employer, though chapter 5 regulates access to damages.

47WorkCover’s liability confined to compensation

WorkCover is not taken to be an employer of a worker because WorkCover has paid, is paying, or is liable to pay compensation to, or on account of, the worker.

48Employer’s obligation to insure

(1)Every employer must, for each worker employed by the employer, insure and remain insured, that is, be covered to the extent of accident insurance, against injury sustained by the worker for—

(a)the employer’s legal liability for compensation; and

(b)the employer’s legal liability for damages.

(2)The obligation to insure under subsection (1)(b) does not include an obligation to insure for an employer’s legal liability for damages for which WorkCover is not authorised to indemnify the employer.

(3)The employer’s liability must be provided for—

(a)under a licence as a self-insurer under part 4; or

(b)under a WorkCover policy.

(4)WorkCover must not issue more than 1 policy for each employer.

(5)However, if the employer is the State, WorkCover may issue 1 policy for each department of government.

49Exemption if employer has other insurance

(1)WorkCover may exempt an employer from insuring under this Act if WorkCover is satisfied that the employer has similar insurance for the employer’s workers under another law.

(2)To exempt an employer, WorkCover must—

(a)be satisfied that the employer’s workers will not be disadvantaged; and

(b)obtain advice from the Regulator that the exemption will not adversely affect the workers’ compensation scheme.

(3)If an employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13.

s 49 amd 2013 No. 52 s 114 sch 2

50When an employer contravenes the general obligation to insure

An employer who is not a self-insurer contravenes section 48 if—

(a)within 5 business days after the employer starts to employ any worker or workers, the employer does not apply in the approved form to WorkCover for the policy required under section 48; or

(b)having taken out a policy required under section 48, the employer does not maintain it in force at all times while being an employer by doing both of the following—

(i)making at the time and in the way required every annual or other periodic return required for all workers employed by the employer;

(ii)paying at the time and in the way required every premium payable for the policy or for its renewal for any year.

s 50 amd 2004 No. 45 s 7; 2007 No. 52 s 6

51Offence of contravening general obligation to insure

(1)An employer must not contravene section 48.

Maximum penalty—275 penalty units.

(2)It is a defence to prove that at the time of the alleged contravention—

(a)the employer believed on reasonable grounds that the employer could not be liable under this Act in relation to the worker because under section 113 the worker’s employment was not connected with this State; and

(b)the employer had workers’ compensation cover in relation to the worker’s employment under the law of the State with which the employer believed on reasonable grounds the worker’s employment was connected under section 113.

(3)In subsection (2)—

workers’ compensation cover means insurance or registration required under the law of a State in relation to liability for statutory workers’ compensation under that law.

52Offence to charge worker for compensation or damages for injury

A person must not, directly or indirectly, take or receive from a worker, whether by way of deduction from wages or otherwise, an amount for anyone’s legal liability as an employer for—

(a)compensation for injury that is, or may be, sustained by the worker; or

(b)damages for injury that is, or may be, sustained by the worker.

Maximum penalty—20 penalty units.

53Recovery of unlawful charge for compensation or damages for injury

(1)An amount taken or received from a worker in contravention of section 52 with or without the worker’s consent, may be recovered by the worker as a debt from—

(a)the person who took or received the amount; and

(b)if that person was acting for the worker’s employer in taking or receiving the money—the worker’s employer.

(2)A worker is not entitled to recover the amount more than once.

54Setting of premium

(1)WorkCover must set the premium payable under a policy.

(2)The premium payable for the policy for a period of insurance must be assessed according to the method (the method) and at the rate (the rate) specified by WorkCover by gazette notice.

(3)If no rate is specified in the notice for an employer’s industry or business, WorkCover must decide the rate to be the rate applying to the industry or business classification specified in the notice that most closely describes the employer’s industry or business.

(3A)Without limiting subsection (2), the gazette notice may state a method or rate that provides for a premium payable by an employer in the event that the employer’s premium rate repeatedly exceeds the relevant industry rate.

(4)Before WorkCover publishes the gazette notice, it must notify the Minister of the proposed specification of method or rate.

(5)The specification is subject to any direction the Minister may make under section 481.

(6)An assessment of premium must be made on the following basis—

(a)wages paid or estimated to be paid during the period of insurance—

(i)are taken to have been paid in equal weekly instalments during the period; or

(ii)if the employer establishes to WorkCover’s satisfaction the wages were paid by the employer in another way, are paid in the other way during the period;

(b)the premium payable for the period of insurance is according to the method and at the rate in force from time to time during the period.

(7)An employer to whom a premium notice is given must pay the premium as assessed by the due date.

(8)If the employer is a corporation and an administrator is appointed under the Corporations Act to administer the corporation, the administrator must pay the premium for the period during which the corporation is under administration.

(9)If an employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13.

(10)In this section—

employer’s premium rate means the premium rate calculated for the employer by using a formula that takes into account the number and cost of claims made against the employer’s policy during previous financial years.

relevant industry rate, in relation to an employer, means the industry or business classification rate applying to the industry or business classification—

(a)stated in the gazette notice under subsection (2) for the employer’s industry or business; or

(b)as decided by WorkCover under subsection (3)—for the industry or business that most closely describes the employer’s industry or business.

s 54 amd 2009 No. 38 s 57; 2010 No. 24 s 4; 2013 No. 52 s 63

55Setting premium on change of ownership of business

(1)This section applies if a person (a new employer) acquires the whole or a part of a business from an employer (a former employer) who is currently insured under a policy with WorkCover.

(2)In calculating the premium payable by the new employer, WorkCover may have regard to the claims experience of the business under the former employer.

(3)In deciding whether to have regard to the claims experience of the business under a former employer, WorkCover may consider any relevant matter, including the following—

(a)if the new employer is an individual, whether the new employer is or was—

(i)a partner of the former employer; or

(ii)an officer or shareholder of the former employer; or

(iii)an officer or shareholder of a related body corporate of the former employer;

(b)if the new employer is a partnership, whether any of the partners of the new employer is or was—

(i)an individual who was the former employer; or

(ii)a partner of the former employer; or

(iii)an officer or shareholder of the former employer; or

(iv)an officer or shareholder of a related body corporate of the former employer;

(c)if the new employer is a body corporate, whether the new employer is or was a related body corporate of the former employer;

(d)if the new employer is a body corporate, whether any of the officers or shareholders of the new employer is or was—

(i)an individual who was the former employer; or

(ii)a partner of the former employer; or

(iii)an officer or shareholder of the former employer; or

(iv)an officer or shareholder of a related body corporate of the former employer.

(4)However, subsection (2) applies only if the predominant industry activity of the business remains the same as under the former employer.

(5)In this section—

officer has the meaning given by the Corporations Act.

56Reassessment of premium for policy

(1)This section applies if in either the latest period of insurance for an employer’s policy or any of the 3 preceding periods of insurance—

(a)WorkCover has made an assessment for an employer’s policy for the period of insurance; and

(b)WorkCover considers that the assessment does not accurately reflect the employer’s liability under the Act for the period.

(2)WorkCover may reassess the premium for the period and issue a reassessment premium notice for the period.

(3)WorkCover must reassess the premium—

(a)for any period starting on or after 1 July 2003—under this division; or

(b)for any period between 1 July 1997 and 30 June 2003—under the repealed WorkCover Queensland Act 1996; or

(c)for a period before 1 July 1997—under the repealed Workers’ Compensation Act 1990.

(4)If, after the premium is reassessed, WorkCover is satisfied that premium for the period has been overpaid, WorkCover must refund or credit the amount of overpayment to the employer to whom the reassessment premium notice is given.

(5)If, after the premium is reassessed, WorkCover is satisfied that premium for the period has been underpaid, the employer to whom the reassessment premium notice is given must pay the premium as reassessed.

(6)If an employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13.

(7)This section does not limit another provision of this Act that—

(a)allows WorkCover to recover an amount, whether by way of penalty or otherwise; or

(b)creates an offence for a contravention of this Act.

57Recovery of compensation and unpaid premium

(1)This section applies if an employer contravenes section 48.

(2)WorkCover may recover from the employer—

(a)the amount of unpaid premium together with a penalty equal to 100% of the unpaid premium; and

(b)if WorkCover has paid compensation or damages for an injury sustained by a worker when the employer was in contravention of section 48 in relation to the worker—the amount of the payment made together with a penalty equal to 50% of the payment.

(3)The employer may apply in writing to WorkCover to waive or reduce the penalty because of extenuating circumstances.

(4)The application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case.

(5)WorkCover must consider the application and may—

(a)waive or reduce the penalty; or

(b)refuse to waive or reduce the penalty.

(6)If the employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13.

(7)In this section—

worker means a worker employed by the employer.

58Default assessment on reasonable suspicion

(1)This section applies if WorkCover suspects on reasonable grounds that an employer has contravened section 48.

(2)WorkCover may make a default assessment of premium based on the amounts WorkCover considers to be adequate cover.

(3)For subsection (2), WorkCover may have regard to—

(a)the probable wages paid or to be paid by the employer during the period of insurance for which the default assessment is made; and

(b)the nature of the employer’s industry or business.

(4)The amount of premium to be paid by the employer under the default assessment must be calculated according to the method and at the rate mentioned in section 54.

(5)As soon as practicable after a default assessment is made, WorkCover must give the employer written notice of the assessment and of the amount of premium.

(6)The employer may, by written notice given to WorkCover, object to the default assessment within 15 business days of receiving the premium notice.

(7)The objection must specify the reasons that the employer considers the assessment is excessive.

(8)WorkCover must consider the objection and may—

(a)reassess the default assessment; or

(b)refuse to reassess the default assessment.

(9)If the employer is aggrieved by WorkCover’s decision under subsection (8), the employer may have the decision reviewed under chapter 13.

(10)If the employer does not object to the default assessment within 15 business days of receiving the premium notice, the amount of premium assessed and notified to the employer becomes payable immediately at the end of the 15 business days.

(11)WorkCover may act under this section even if WorkCover knows the employer has contravened section 48.

s 58 amd 2004 No. 45 s 3 sch

59Further assessment and recovery after payment of default assessment

Payment by an employer of the amount of a default assessment, or the amount as varied on objection, review or appeal by the employer, does not stop WorkCover—

(a)if WorkCover considers that the assessment does not accurately reflect the employer’s liability under the Act for the period—reassessing the default assessment; and

(b)if compensation has or damages have been paid for an injury sustained by a worker employed by the employer, recovering the amount paid together with a penalty equal to 50% of the payment mentioned in section 57.

60Employer’s separate liabilities for 1 period of default

For any period an employer contravenes section 48, the employer is liable—

(a)to a proceeding for an offence under section 51; and

(b)to a proceeding to recover an amount of premium or another amount under section 57 or 58 with or without a charge imposed by WorkCover, whether or not a proceeding is taken for an offence under section 51.

61Additional premium payable if premium not paid

(1)An employer must pay WorkCover an additional premium calculated as prescribed under a regulation if—

(a)the employer is given a premium notice; and

(b)the employer does not pay WorkCover the amount specified in the notice on or before the due date.

(2)WorkCover may recover the amount of premium and additional premium payable to it by the employer.

(3)Until the employer has paid WorkCover the full amount specified in the notice and any additional premium payable, the employer is not covered by a policy.

62Further additional premium payable after appeal to industrial magistrate

(1)An employer must pay WorkCover an additional premium calculated as prescribed under a regulation if—

(a)the employer’s liability in relation to an assessment has been decided by an industrial magistrate or the industrial court; and

(b)the employer fails to pay WorkCover the amount by which the assessment is more than the amount of premium paid under section 551(4) as a condition of the appeal to an industrial magistrate within 15 business days after the day the decision is made.

(2)WorkCover may recover the amount of the increase in assessment and additional premium payable to it by the employer.

(3)Until the employer has paid WorkCover the full amount of the increase in assessment and any additional premium payable, the employer is not covered by a policy.

s 62 amd 2004 No. 45 s 3 sch

63Additional premium for out-of-State workers

(1)This section applies if a worker’s employment is not completely performed in the State.

(2)WorkCover may, from time to time, charge an additional premium on a policy issued to the worker’s employer in an amount that WorkCover considers necessary towards—

(a)providing for compensation or damages payable for injury to the worker; and

(b)covering the cost of administration of this Act in relation to the worker.

63AAdditional premium for ch 6A

(1)This section applies in relation to an employer who, before 1 January 2017, engaged a former coal worker to work in an industry that involved mining, loading, transporting or otherwise dealing with coal.

(2)WorkCover may charge an additional premium on a policy issued to the employer in an amount WorkCover considers necessary towards covering the cost of administering chapter 6A in relation to the former coal worker.

s 63A ins 2017 No. 27 s 19

64WorkCover may waive or reduce additional premium

(1)This section applies if an employer is liable to pay WorkCover an additional premium.

(2)The employer may apply in writing to WorkCover to waive or reduce the additional premium because of extenuating circumstances.

(3)The application must specify the extenuating circumstances and the reasons the additional premium should be waived or reduced in the particular case.

(4)WorkCover must consider the application and may—

(a)waive or reduce the additional premium; or

(b)refuse to waive or reduce the additional premium.

(5)If the employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13.

65What is the excess period

(1)The excess period, in relation to a worker who sustains an injury for which compensation is payable, is the period that starts on the day that the worker’s entitlement to compensation arises under chapter 3, part 7.

(2)The excess period ends at the end of the day that the amount of weekly compensation paid to the worker exceeds an amount prescribed under a regulation.

s 65 sub 2004 No. 45 s 8

66Employer’s liability for excess period

(1)This section applies to—

(a)an employer who is not a self-insurer and who is, or is required to be, insured under a WorkCover policy; and

(b)a worker, other than a household worker employed by the employer, who sustains an injury for which compensation is payable.

(2)The employer must pay the worker an amount equal to the weekly payment of compensation that, if this section did not apply, would be payable to the worker by WorkCover for the excess period.

(3)WorkCover is not required to pay the compensation to the worker, subject to subsection (5).

(4)If the worker is employed by more than 1 employer when the worker sustains an injury, the amount under subsection (2)—

(a)must be paid by the employer in whose employment the injury was sustained; and

(b)is the amount that relates to the amount payable to the worker under a contract with that employer.

(5)If the employer fails to pay the amount to the worker within 10 business days after receiving notice from WorkCover that the worker’s application for compensation has been allowed, WorkCover must make the payment to the worker on the employer’s behalf.

(6)WorkCover may recover from the employer the amount of the payment made by it together with a penalty equal to 50% of the payment—

(a)as a debt under section 580; or

(b)as an addition to a premium payable by the employer.

(7)The employer may apply in writing to WorkCover to waive or reduce the penalty because of extenuating circumstances.

(8)The application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case.

(9)WorkCover must consider the application and may—

(a)waive or reduce the penalty; or

(b)refuse to waive or reduce the penalty.

(10)If the employer is dissatisfied with WorkCover’s decision, the employer may have the decision reviewed under chapter 13.

(11)This section does not limit section 50.

(12)In this section—

household worker means a person employed solely in and about, or in connection with, a private dwelling house or the grounds of the dwelling house.

s 66 amd 2004 No. 45 ss 9, 3 sch; 2013 No. 29 s 73

67Employer may not insure against payment for the excess period

An employer may not insure with WorkCover against the employer’s liability to pay for the excess period.

s 67 sub 2010 No. 24 s 5

68What is self-insurance

(1)Self-insurance allows an employer, under a licence under this part, to provide their own accident insurance for their workers, instead of insuring with WorkCover.

(2)A self-insurer has all the liabilities that WorkCover would have, if this part did not apply, for injuries sustained by the self-insurer’s workers arising out of events that start or happen before the issue of the licence and during the period of the licence.

(3)Certain functions and powers of WorkCover are provided to a self-insurer to enable the self-insurer to meet obligations in providing accident insurance.

(4)The way the self-insurer performs the functions and exercises the powers is regulated by the Regulator.

s 68 amd 2013 No. 52 s 114 sch 2

ch 2 pt 4 div 1A hdg ins 2003 No. 85 s 24

68ASelf-insurance for local governments

(1)A local government self-insurer may, under the self-insurer’s licence, also cover councillors of a local government.

(2)If councillors of a local government are covered under a local government self-insurer’s licence, each councillor of the local government is covered under the licence.

(3)A local government self-insurer must, when advising councillors of its decision to cover them, also advise the Regulator of the decision.

s 68A ins 2003 No. 85 s 24

amd 2013 No. 52 s 114 sch 2

68BEntitlements of local government councillors

(1)A councillor covered under a local government’s self-insurer’s licence is entitled under the licence to compensation from the local government to which the councillor is elected or appointed for injury sustained by the councillor while—

(a)attending meetings of the local government; or

(b)performing any other duty of office as a councillor.

(2)The councillor has, subject to this section—

(a)an entitlement to weekly payments of compensation under chapter 3, part 9, division 4, subdivision 3 and division 5, subdivision 1; and

(b)for all other entitlements—the same entitlements to compensation as a worker.

(3)The councillor is not covered for payment of damages for injury sustained by the councillor.

(4)In the application of the definition injury to the councillor—

(a)the activity mentioned in subsection (1)(a) or (b) is taken to be the councillor’s employment; and

(b)the local government to which the councillor is elected or appointed is taken to be the councillor’s employer.

s 68B ins 2003 No. 85 s 24

68CLocal government self-insurer’s liability for injury to councillors

If a local government self-insurer’s licence covers councillors, the only liability the self-insurer has under the licence in relation to a councillor is the liability to pay the compensation to which a councillor is entitled under section 68B for the total of the accrued, continuing, future and contingent liabilities for all injuries sustained, during the period of the licence, by the councillor in the circumstances mentioned in section 68B.

s 68C ins 2003 No. 85 s 24

69Who may apply to be a self-insurer

(1)The following employers may apply to be licensed as a self-insurer—

(a)a single employer;

(b)a group employer.

(2)A body corporate may only apply as a single employer if no other related bodies corporate to which it is related employs workers in Queensland.

(3)A related bodies corporate group employer may only apply for a licence if all related bodies corporate that employ workers in Queensland are included in the application.

(4)The Regulator may issue a licence to an employer only if the employer can satisfy the requirements stated in this part.

s 69 amd 2013 No. 52 s 114 sch 2

70How the application is made

The application must—

(a)be made to the Regulator in the approved form; and

(b)for a group employer—be made by all the members of the group wanting to be licensed; and

(c)be accompanied by the fee prescribed under a regulation.

s 70 amd 2013 No. 52 s 114 sch 2

71Issue or renewal of licence to a single employer

(1)The Regulator may issue or renew a licence to be a self-insurer to a single employer only if satisfied that—

(a)the number of full-time workers employed in Queensland by the employer is at least 2,000; and

(c)the employer’s occupational health and safety performance is satisfactory; and

(d)the licence will cover all workers, employed in Queensland, of the employer; and

(e)the employer has given the Regulator the security required under section 84; and

(f)the employer has the reinsurance cover required under section 86; and

(g)all workplaces of the employer—

(i)are accredited workplaces; or

(ii)if not accredited workplaces—

(A)are adequately serviced by a rehabilitation and return to work coordinator who is in Queensland and employed by the employer under a contract (regardless of whether the contract is a contract of service); and

(B)have workplace rehabilitation policies and procedures; and

(h)the employer is fit and proper to be a self-insurer.

(2)However, if the Regulator is not satisfied of 1 or more matters mentioned in subsection (1)(a) to (g), the Regulator may still issue or renew a licence to be a self-insurer to a single employer if the Regulator is satisfied that, despite the Regulator not being satisfied of the matters—

(a)special circumstances justify the issue or renewal of the licence; and

(b)the employer can appropriately—

(i)perform the functions and exercise the powers of a self-insurer; and

(ii)meet the obligations of a self-insurer.

(3)Without limiting subsection (2)(a), special circumstances that may justify the issue or renewal of a licence to be a self-insurer to a single employer who fails to satisfy the Regulator only of the matter mentioned in subsection (1)(a) include the following—

(a)the employer—

(i)holds a current licence to be a self-insurer under the laws of 2 or more other jurisdictions; and

(ii)has demonstrated a history of compliance with those laws and the conditions of those licences, and of acting reasonably in the performance of functions and exercise of powers under those laws or licences;

(b)for a renewal of a licence—the employer has demonstrated a history of compliance with this Act and the conditions of the licence, and of acting reasonably in the performance of functions and exercise of powers under this Act or the licence.

(4)If, for a single employer, the Regulator is not satisfied of the matter mentioned in subsection (1)(a) only, the Regulator may still issue a licence to be a self-insurer to the employer if—

(a)the employer held a licence (the former licence) to be a self-insurer under this section within the previous 5 years; and

(b)the former licence was not cancelled under this Act; and

(c)after the former licence ended, the employer was not at any time a related body corporate with another employer for the purpose of the grant of a licence to be a self-insurer under section 72; and

(d)the Regulator is satisfied the number of full-time workers employed in Queensland by the employer is at least the number of full-time workers that were required under subsection (1)(a) as in force when the former licence was granted.

(5)Also, the Regulator may renew a licence to be a self-insurer issued to a single employer under subsection (4) who fails to satisfy the Regulator only of the matter mentioned in subsection (1)(a) if the Regulator is still satisfied of the matter mentioned in subsection (4)(d).

(6)For subsection (1)(c), the Regulator must ask the chief executive of the department within which the Work Health and Safety Act 2011 is administered to prepare an OHS report about the employer’s occupational health and safety performance.

(7)In this section—

jurisdiction means the Commonwealth or a State.

s 71 amd 2005 No. 50 s 10; 2007 No. 23 s 63; 2011 No. 18 s 404 sch 4 pt 1; 2013 No. 31 s 78B; 2013 No. 52 s 114 sch 2; 2016 No. 44 s 7

72Issue or renewal of licence to a group employer

(1)The Regulator may issue or renew a licence to be a self-insurer to a group employer only if satisfied that—

(a)the applicant is a group employer; and

(b)the combined number of full-time workers employed in Queensland by all members of the group is at least 2,000; and

(d)the group employer’s occupational health and safety performance is satisfactory; and

(e)the licence will cover all workers, employed in Queensland, of the group employer; and

(f)the group employer has given the Regulator the security required under section 84; and

(g)the group employer has the reinsurance cover required under section 86; and

(h)all workplaces of each member of the group—

(i)are accredited workplaces; or

(ii)if not accredited workplaces—

(A)are adequately serviced by a rehabilitation and return to work coordinator who is in Queensland and employed by the group employer or a member of the group under a contract (regardless of whether the contract is a contract of service); and

(B)have workplace rehabilitation policies and procedures; and

(i)the group employer is fit and proper to be a self-insurer.

(2)However, if the Regulator is not satisfied of 1 or more matters mentioned in subsection (1)(a) to (h), the Regulator may still issue or renew a licence to be a self-insurer to a group employer if the Regulator is satisfied that, despite the Regulator not being satisfied of the matters—

(a)special circumstances justify the issue or renewal of the licence; and

(b)the employer can appropriately—

(i)perform the functions and exercise the powers of a self-insurer; and

(ii)meet the obligations of a self-insurer.

(3)Without limiting subsection (2)(a), special circumstances that may justify the issue or renewal of a licence to be a self-insurer to a group employer who fails to satisfy the Regulator only of the matter mentioned in subsection (1)(b) include the following—

(a)the employer—

(i)holds a current licence to be a self-insurer under the laws of 2 or more other jurisdictions; and

(ii)has demonstrated a history of compliance with those laws and the conditions of those licences, and of acting reasonably in the performance of functions and exercise of powers under those laws or licences;

(b)for a renewal of a licence—the employer has demonstrated a history of compliance with this Act and the conditions of the licence, and of acting reasonably in the performance of functions and exercise of powers under this Act or the licence.

(4)For subsection (1)(d), the Regulator must ask the chief executive of the department within which the Work Health and Safety Act 2011 is administered to prepare an OHS report about the group employer’s occupational health and safety performance.

(5)In this section—

jurisdiction means the Commonwealth or a State.

s 72 amd 2005 No. 50 s 11; 2007 No. 23 s 64; 2011 No. 18 s 404 sch 4 pt 1; 2013 No. 31 s 78C; 2013 No. 52 s 114 sch 2; 2016 No. 44 s 53 sch 1

73Calculation of the number of full-time workers

(1)For sections 71(1)(a), 71(4)(d) and 72(1)(b), the number of full-time workers is calculated by—

(a)calculating the total number of ordinary time hours worked by the workers employed during a continuous 6-month period in the 1 year immediately before the application is given to the Regulator; and

(b)dividing the number of hours by 910.

(2)The whole number resulting from the division is the number of full-time workers.

(3)The continuous 6-month period is the period chosen by the applicant.

s 73 amd 2013 No. 52 s 114 sch 2; 2016 No. 44 s 53 sch 1

73ACalculation of the number of full-time workers for local government self-insurers

To remove any doubt, it is declared that if a local government self-insurer’s licence covers councillors, the number of ordinary time hours worked by a councillor is not to be taken into account for section 73(1).

s 73A ins 2003 No. 85 s 25

74Workers employed in Queensland

For sections 71 and 72, a worker is employed in Queensland if the worker would have an entitlement for an injury under section 113.

75Whether applicant fit and proper

(1)This section applies when the Regulator is deciding whether a single employer or group employer is fit and proper to be licensed or to have a licence renewed.

(2)The Regulator may consider any relevant matter and must consider the following matters—

(a)whether the single employer or group employer is, and is likely to continue to be, able to meet its liabilities;

(b)the long-term financial viability of the single employer or group employer evidenced by any relevant consideration including, for example, its level of capitalisation, profitability and liquidity;

(c)the resources and systems that the single employer or group employer has in Queensland for administering claims for compensation and managing rehabilitation of workers;

(d)whether the single employer or group employer will be able to give the information the Regulator may require in the way the Regulator may require;

(e)for an application for renewal of a licence—whether the self-insurer has performed the functions, or exercised the powers, under section 92 or 92A reasonably.

s 75 amd 2003 No. 85 s 28 sch; 2013 No. 52 s 114 sch 2

76Audit of self-insurer

(1)The Regulator may carry out an audit of an applicant for self-insurance or a self-insurer to decide whether the applicant or self-insurer—

(a)satisfies section 71 (other than subsection (1)(c)) or 72 (other than subsection (1)(d)); and

(b)is fit and proper under section 75; and

(c)satisfies the conditions of the licence.

(2)The Regulator may engage the services of a person who, in the Regulator’s opinion, has appropriate qualifications and experience to carry out the audit.

s 76 amd 2010 No. 24 s 3 sch; 2013 No. 52 s 114 sch 2

77Decision on application for the issue of a licence

(1)The Regulator must decide an application within 6 months of receiving it.

(2)If the Regulator refuses an application for the issue of a licence, the Regulator must give the applicant a written notice stating—

(a)it has refused the application; and

(b)the reasons for the refusal; and

(c)the applicant may make a written submission to the Regulator in further support of the application.

(3)The applicant may make a submission within 20 business days after the notice of refusal is given.

(4)The Regulator must consider the submission within 60 business days of receiving it and decide whether to confirm or change the decision to refuse the application.

(5)The Regulator must advise the applicant of its decision under subsection (4) within 5 business days after the decision is made.

(6)If the Regulator does not change its decision, it must advise the applicant that the applicant may appeal against the refusal under chapter 13.

s 77 amd 2004 No. 45 s 3 sch; 2013 No. 52 s 114 sch 2

78Duration of licence

(1)A licence is issued for a period of 2 years.

(2)However, on an application for the renewal of a licence, the licence may be issued for a period of not more than 4 years.

(3)The period of the licence must be stated in the licence.

s 78 sub 2005 No. 50 s 12

79Renewal of licence

(1)A licence may be renewed by application to the Regulator in the approved form.

(2)The self-insurer must apply to the Regulator at least 60 business days before the current licence period ends.

(3)If the self-insurer does not intend to renew the licence, the self-insurer must advise the Regulator of that fact at least 60 business days before the current licence period ends.

(4)In considering an application, the Regulator must consider whether the self-insurer has—

(a)complied with this Act and the conditions of the licence; and

(b)acted reasonably in relation to the functions and powers under section 92 or 92A.

s 79 amd 2003 No. 85 s 28 sch; 2004 No. 45 s 3 sch; 2013 No. 52 s 114 sch 2

80Refusal of application for renewal of a licence

(1)This section applies if the Regulator intends to refuse an application for the renewal of a licence.

(2)Before refusing the application, the Regulator must give the applicant a written notice stating—

(a)it proposes to refuse the application; and

(b)the reasons for the refusal; and

(c)the applicant may make a written submission to the Regulator in further support of the application; and

(d)a period, of at least 30 business days, at the end of which the refusal is to take effect (the review period).

(3)The applicant may make a submission within 15 business days after the notice is given.

(4)If a submission is made, the Regulator must—

(a)consider it; and

(b)decide whether to accept or refuse the application.

(5)The Regulator must advise the applicant of its decision before the end of the review period.

(6)If no submission is made within the time mentioned in subsection (3), the application is taken to be refused at the end of the review period.

(7)If the Regulator refuses the application, it must advise the applicant that the applicant may appeal against the refusal under chapter 13.

(8)Despite section 78, if the period stated on the licence expires before the end of the review period, the licence period is taken to be extended to the end of the review period.

s 80 amd 2004 No. 45 s 3 sch; 2013 No. 52 s 114 sch 2

81Annual levy payable

(1)A self-insurer must pay a levy for each financial year or part of a financial year of a licence.

(2)A regulation must prescribe the way the levy is calculated.

(3)The levy is to be set at the rate specified by the Regulator and approved by the Minister for each financial year.

(4)The Regulator must recommend the rate for each financial year to the Minister.

(5)The Regulator must consult with the Minister before giving the recommendation.

(6)The Regulator must publish the rate approved by the Minister in the gazette.

(7)The Regulator must give a self-insurer written notice of the amount of the levy.

(8)The self-insurer must pay the levy on or before the due date shown in the notice.

(9)If a self-insurer is aggrieved by the Regulator’s decision about the amount of levy payable, the self-insurer may appeal against the decision under chapter 13.

s 81 amd 2004 No. 45 s 10; 2009 No. 38 s 58; 2013 No. 52 s 64

82Additional amount payable if levy not paid

(1)A self-insurer must pay the Regulator an additional amount calculated as prescribed under a regulation if—

(a)the self-insurer is given written notice of the amount of the levy; and

(b)the self-insurer does not pay the amount of levy specified in the notice on or before the due date.

(2)The Regulator may recover the amount of levy and the additional amount payable to it by the self-insurer.

s 82 amd 2013 No. 52 s 114 sch 2

83Conditions of licence

(1)A licence may be subject to—

(a)the conditions prescribed under a regulation; and

(b)any conditions, not inconsistent with this Act, imposed by the Regulator—

(i)on the issue or renewal of a licence; or

(ii)at any time during the period of the licence.

Note—

See also section 232ZI(3).

(2)The Regulator, by written notice to a self-insurer, may—

(a)impose conditions on the licence; or

(b)impose further conditions on the licence; or

(c)vary conditions imposed on the licence.

(3)A condition imposed is effective whether or not it is endorsed on the licence.

(4)A condition may be imposed in relation to a particular employer who is a member of a group employer.

s 83 amd 2013 No. 52 s 114 sch 2; 2016 No. 44 s 53 sch 1

84Security

(1)A self-insurer must lodge a security with the Regulator before the issue or renewal of a licence.

(2)The security must be—

(a)in favour of WorkCover; and

(b)150% of the self-insurer’s estimated claims liability.

(3)Also, if the security is a bank guarantee or financial guarantee, the security—

(a)must be irrevocable and unconditional, including not being conditional on—

(i)another right or obligation contained in another document; or

(ii)WorkCover proving that a demand has been made; and

(b)must be payable immediately on demand; and

(c)must not be given by an entity that is a related body corporate to the self-insurer; and

(d)must be satisfactory to the Regulator.

(4)The estimated claims liability—

(a)must be assessed annually by an actuary approved by the Regulator; and

(b)must be calculated in the way prescribed under a regulation.

(5)The security must remain in force or, if it is a cash deposit, the Regulator must hold the cash deposit—

(a)at all times during the period of the licence; and

(b)after cancellation of the licence, as required by section 102.

(6)The security is not liable to be attached or levied on or made the subject of any debts or claims against the self-insurer by a person other than WorkCover.

(7)If a self-insurer lodges a financial guarantee under subsection (1) and the insurance company that gave the guarantee stops being an approved security provider, the self-insurer must—

(a)notify the Regulator of the matter without delay; and

(b) lodge another security under this section within 20 business days after the date of the notice given under paragraph (a).

(8)In this section—

approved security provider means an approved security provider as defined under the Financial and Performance Management Standard 2009, section 36.

bank guarantee means a guarantee given by a bank or the Queensland Treasury Corporation.

estimated claims liability means the actuarial estimate of—

(a)the liability for—

(i)claims expected to arise in the 12 months after the assessment; and

(ii)existing claims incurred for which a self-insurer is liable under section 68C or 87; less

(b)the total amount expected to be paid in the 12 months after the assessment.

financial guarantee means a security given by an insurance company that is an approved security provider.

security means—

(a)a bank guarantee; or

(b)a financial guarantee; or

(c)a cash deposit.

s 84 amd 2003 No. 85 s 28 sch; 2004 No. 45 s 11; 2013 No. 52 s 114 sch 2; 2016 No. 44 s 8

85Investing cash deposit

(1)The Regulator may invest a cash deposit in an authorised investment decided by the Regulator.

(2)Interest on the deposit must be paid to the self-insurer at the end of each financial year.

(3)The Regulator may deduct from the interest the reasonable costs of administering the investment.

(4)In this section—

authorised investment means an investment authorised under the Statutory Bodies Financial Arrangements Act 1982.

s 85 amd 2013 No. 52 s 114 sch 2

86Reinsurance

(1)A self-insurer must, before the issue or renewal of a licence—

(a)effect, with an approved insurer, a contract of reinsurance of liabilities approved by the Regulator; and

(b)give the Regulator a copy of the contract certified by the approved insurer.

(2)The self-insurer’s liability under the contract must be an amount chosen by the self-insurer that is not less than $300,000 or more than the set limit.

(3)The approved insurer’s liability under the contract must be for an unlimited amount in excess of the self-insurer’s liability for each event that may happen during the period of reinsurance.

(4)The contract—

(a)must be current for the period of the licence; and

(b)must not be cancelled or varied by the self-insurer, or the approved insurer, without the Regulator’s consent.

(5)The approved insurer must endorse the contract to the effect that it can not be cancelled or varied without the Regulator’s consent.

(6)In this section—

approved insurer means an insurer approved by the Australian Prudential Regulation Authority under the Insurance Act 1973 (Cwlth).

set limit means an amount of $1m or more set by the Regulator on application in the approved form by the self-insurer.

s 86 amd 2010 No. 24 s 6; 2013 No. 52 s 114 sch 2

87Self-insurer replaces WorkCover in liability for injury

(1)A self-insurer is liable, to the exclusion of WorkCover’s or another self-insurer’s liability—

(a)for compensation and damages for the total of the accrued, continuing, future and contingent liabilities for all injuries sustained by a worker employed by the self-insurer that arise from an event happening during the period of the self-insurer’s licence (residual liability); and

(b)for the following (outstanding liability)—

(i)compensation for the total of the accrued, continuing, future and contingent liabilities for all injuries sustained by a worker that arise from an event happening or ending during the worker’s employment with the self-insurer before the self-insurer became licensed as a self-insurer;

(ii)compensation for the total of the accrued, continuing, future and contingent liabilities for all injuries, other than injuries mentioned in paragraph (a), sustained by a worker arising from an event ending during the worker’s employment with the self-insurer;

(iii)damages for the total of the accrued, continuing, future and contingent liabilities for all injuries, other than injuries mentioned in paragraph (a), sustained by a worker arising from an event starting or happening during the worker’s employment with the self-insurer before the self-insurer became licensed as a self-insurer.

(2)WorkCover must pay a self-insurer an amount for the self-insurer’s outstanding liability that is calculated under a regulation by an actuary.

88Liability of group employers

The members of a self-insurer that is a group employer are jointly and severally liable for any liability or duty imposed by this Act on the group or a member of the group.

s 88 amd 2003 No. 85 s 28 sch

89Change in self-insurer’s membership

(1)If a self-insurer that is a group employer intends to change the membership of the group, the self-insurer must, before the change, apply to the Regulator in writing for the change in the group membership on the licence.

(2)The Regulator must approve the application if it is satisfied that—

(a)the self-insurer, after the change, meets the requirements for a licence for a group employer; and

(b)satisfactory arrangements have been made in relation to the total liability of the member or members leaving.

(3)However, subsection (4) applies if—

(a)the application is made by a self-insurer that is a related bodies corporate group employer; and

(b)within 2 months after the application, members of the self-insurer that are a group employer apply, under section 69 (the section 69 application), to be a self-insurer as a related bodies corporate group employer.

(4)The Regulator must approve the application if it is satisfied that the self-insurer, after the change, meets the requirements for a licence for a group employer and—

(a)the Regulator has decided to approve the section 69 application; or

(b)if the Regulator has decided not to approve the section 69 application, it is satisfied that satisfactory arrangements have been made in relation to the total liability of the applicants for the section 69 application.

s 89 amd 2003 No. 85 s 28 sch; 2013 No. 52 s 114 sch 2

90Consequences of change in self-insurer’s membership

(1)If a member leaves a self-insurer that is a group employer and becomes part of another self-insurer (the other self-insurer), the self-insurer must pay the other self-insurer an amount for the member’s total liability.

(2)For subsection (1), the other self-insurer is liable for compensation and damages for the member’s total liability from the day the Regulator approves the application from the other self-insurer for a change in its group membership.

(3)If members leave a self-insurer that is a related bodies corporate group employer and become a self-insurer that is a related bodies corporate group employer (the new self-insurer), the self-insurer must pay the new self-insurer an amount for the members’ total liability.

(4)For subsection (3), the new self-insurer is liable for compensation and damages for its total liability from the day the Regulator approves the new self-insurer’s application to be a self-insurer.

(5)If a member leaves a self-insurer that is a group employer and does not become part of another self-insurer, the self-insurer must pay WorkCover an amount for the member’s total liability.

(6)For subsection (5), WorkCover is liable for compensation and damages for the member’s total liability from the day the Regulator approves the application for a change in the group membership.

(7)If an employer becomes part of a self-insurer, other than under subsection (1), WorkCover must pay the self-insurer an amount for the employer’s total liability.

(8)For subsection (7), the self-insurer is liable for compensation and damages for the employer’s total liability from the day the Regulator approves the application for a change in the group membership.

(9)The total liability mentioned in subsection (1), (3), (5) or (7) must be—

(a)calculated in the way prescribed under a regulation by an actuary approved by the Regulator; and

(b)paid within the time allowed under a regulation.

s 90 amd 2013 No. 52 s 114 sch 2

91Continuation of membership in particular circumstances

If there is a change in the membership of a self-insurer that is a group employer, it is declared that each member of the group immediately before the change is taken to continue as a member of the group for the purposes of the Act until the Regulator approves an application for a change in the group membership on the licence under section 89.

s 91 amd 2013 No. 52 s 114 sch 2

92Powers of self-insurers

(1)A self-insurer has, in relation to the self-insurer’s workers—

(a)for an injury sustained during the operation of this Act—the functions and powers set out under the following provisions—

(i)chapter 3 (other than sections 110(5), 133, 136 and 170(3), and part 12);

(ii)chapter 4 (other than part 4);

(iii)chapter 4A;

(iv)chapter 5 (other than sections 280, 300 and 306B);

(v)chapter 11, parts 3 and 4; and

(b)for an injury sustained during the operation of the WorkCover Queensland Act 1996—the functions and powers that WorkCover had under the following provisions of that Act—

(i)chapter 3 (other than sections 136(5), 160, 163 and 188(3), and part 11);

(ii)chapter 4 (other than sections 235(3)(a), 237(2) and 238, and part 4);

(iii)chapter 5 (other than sections 284, 306 and 319);

(iv)chapter 7, parts 3 and 5; and

(c)for an injury sustained during the operation of the Workers’ Compensation Act 1990—the functions and powers that the Workers’ Compensation Board of Queensland had under the following provisions of that Act—

(i)part 6;

(ii)part 7 (other than sections 102 and 105);

(iii)part 11 (other than sections 186 and 187); and

(d)for an injury sustained during the operation of the Workers’ Compensation Act 1916—the functions and powers that the Workers’ Compensation Board of Queensland had under the following provisions of that Act—

(i)section 9;

(ii)section 9A;

(iii)section 10;

(iv)section 11;

(v)section 13A;

(vi)section 14(2);

(vii)section 14B (other than subsections (2) to (9));

(viii)section 14D;

(ix)section 16;

(x)schedule, sections 4, 6, 23 and 25.

(2)To apply the provisions mentioned in subsection (1)(b), (c) or (d), a reference to WorkCover or the Workers’ Compensation Board of Queensland in the provisions is taken to be a reference to the self-insurer.

(3)The functions and powers must not be performed or exercised by WorkCover in relation to the self-insurer’s workers.

(4)A self-insurer may engage a person who is in Queensland, and who is employed by the self-insurer under a contract (regardless of whether the contract is a contract of service), to perform the self-insurer’s functions or exercise the self-insurer’s powers, other than the functions and powers set out under the following provisions—

(a)for an injury sustained during the operation of this Act—sections 109, 199, 210 to 212, 216 to 219, 220(1) and 222 to 224 of this Act;

(b)for an injury sustained during the operation of the WorkCover Queensland Act 1996—sections 135, 217, 228 to 230, 234, 235 and 237 to 241 of that Act;

(c)for an injury sustained during the operation of the Workers’ Compensation Act 1990—sections 144, 145, 148 and 150 to 152 of that Act;

(d)for an injury sustained during the operation of the Workers’ Compensation Act 1916—section 14D of that Act.

(5)The self-insurer must perform the functions and exercise the powers reasonably.

(6)If a single employer or group employer stops being a self-insurer, the employer no longer has the functions and powers, except to the extent stated in section 100.

s 92 amd 2004 No. 45 s 3 sch; 2005 No. 50 s 13; 2016 No. 44 s 9

92APowers of local government self-insurers

(1)If a local government self-insurer’s licence covers councillors, the self-insurer has, in relation to councillors, the functions and powers set out in section 92(1)(a)(i), (ii), (iii) and (v).

(2)Section 92(4) to (6) also applies to the self-insurer.

s 92A ins 2003 No. 85 s 26

amd 2005 No. 50 s 3 sch; 2016 No. 44 s 10

93Documents that must be kept by self-insurer

(1)A self-insurer must keep the following documents—

(a)documents relating to all claims made, including, for example, documents about—

(i)a worker’s application for compensation; or

(ii)compensation paid for injury sustained by a worker; or

(iii)medical management of an injured worker; or

(iv)rehabilitation of an injured worker;

(b)documents that may assist in assessing the quality and timeliness of the claims and rehabilitation management;

(c)documents that may assist in assessing the self-insurer’s financial situation;

(d)any other documents required to be kept under the conditions of the licence.

(2)A self-insurer may only dispose of a document required to be kept under subsection (1) with the Regulator’s written consent.

s 93 amd 2013 No. 52 s 114 sch 2

93ADocuments that must be kept by local government self-insurers

If a local government self-insurer’s licence covers councillors, section 93 applies to the self-insurer as if a reference in section 93(1)(a) to a worker were a reference to a councillor.

s 93A ins 2003 No. 85 s 27

94Documents must be given to Regulator on request

(1)The Regulator may, by written notice, ask a self-insurer to give the Regulator the documents, copies of the documents or details from the documents, mentioned in section 93.

(2)The notice must state the documents required and state a time within which the documents must be given to the Regulator.

(3)The self-insurer must comply with the notice, unless the self-insurer has a reasonable excuse.

s 94 amd 2013 No. 52 s 114 sch 2

95When licence may be cancelled

The Regulator may cancel a licence if—

(a)any of the following persons contravenes this Act or a condition of the licence—

(i)the self-insurer;

(ii)for a group employer—

(A)a member employer of the group; or

(B)if the group employer is made up of related bodies corporate—1 of the related bodies corporate; or

(b)the licence was issued because of a materially false or misleading representation or declaration (made either orally or in writing); or

(c)the self-insurer decides not to renew the self-insurer’s licence.

s 95 amd 2013 No. 52 s 114 sch 2

96Procedure for cancellation

(1)If the Regulator considers grounds exist to cancel a licence, the Regulator must give the self-insurer written notice—

(a)stating the grounds for the cancellation and outlining the facts and circumstances forming the basis for the grounds; and

(b)inviting the self-insurer to show, within a stated time of at least 20 business days, why the licence should not be cancelled.

(2)If, after considering all written representations made within the stated time, the Regulator still considers that the licence should be cancelled, the Regulator may cancel the licence.

(3)The Regulator must give the self-insurer written notice of the decision to cancel the self-insurer’s licence within 8 business days after making the decision.

(4)The notice under subsection (3) must state—

(a)the reasons for the decision; and

(b)that the self-insurer may appeal against the cancellation under chapter 13.

(5)The decision takes effect on the day stated in the notice.

(6)The Regulator must record particulars of the cancellation.

s 96 amd 2004 No. 45 s 3 sch; 2013 No. 52 s 114 sch 2

97Self-insurer may ask for cancellation

(1)A self-insurer may, by written notice, ask for cancellation of its licence.

(2)The notice must specify a date from which the cancellation is requested, being not less than 20 business days after the date the notice is given to the Regulator.

(3)Cancellation takes effect—

(a)from the day specified in the self-insurer’s notice; or

(b)if another day is decided by the Regulator—from the other day.

s 97 amd 2004 No. 45 s 3 sch; 2013 No. 52 s 114 sch 2

98Premium payable after cancellation

If a self-insurer’s licence is cancelled, the premium payable by the former self-insurer is to be calculated in the way prescribed under a regulation.

99Transfer to WorkCover after cancellation

Other than as provided by section 100, on cancellation of a licence—

(a)the self-insurer’s functions and powers under section 92 or 92A end; and

(b)for all applications for compensation held by the former self-insurer immediately before the cancellation—

(i)the former self-insurer must immediately give WorkCover all documents relating to the applications; and

(ii)WorkCover has all its functions and powers; and

(c)an application for compensation that, other than for this section, would have been lodged with the self-insurer, must be lodged with WorkCover; and

(d)WorkCover replaces the self-insurer for any proceeding being taken, or that may be taken, by a claimant or worker against, or by, the self-insurer as an insurer in relation to the claimant or worker; and

(e)WorkCover has the rights, and assumes the obligations, of the self-insurer under the contract of reinsurance.

Maximum penalty for paragraph (b)(i)—200 penalty units.

s 99 amd 2003 No. 85 s 28 sch

100Certain functions and powers may be held by former self-insurer after cancellation

(1)The purpose of this section is to authorise a former self-insurer to perform functions and exercise powers to manage claims arising during the period when the former self-insurer was a self-insurer.

(2)If the Regulator considers it appropriate, the Regulator may, at the request of a former self-insurer, allow the former self-insurer to continue to have functions and powers previously had by the former self-insurer under section 92 or 92A.

(3)The Regulator must give the former self-insurer written notice of the functions and powers continued.

(4)The Regulator may impose conditions on the functions and powers continued.

(5)The former self-insurer has the functions and powers as stated in the notice.

s 100 amd 2003 No. 85 s 28 sch; 2013 No. 52 s 114 sch 2

101Recovery of ongoing costs from former self-insurer

(1)This section applies if—

(a)a licence is cancelled; and

(b)after the cancellation, WorkCover—

(i)pays compensation or damages for which a self-insurer is liable under section 68C or 87; or

(ii)incurs management costs in managing compensation applications or damages actions for the compensation or damages mentioned in subparagraph (i).

(2)The compensation or damages payments and management costs—

(a)are a debt due to WorkCover by the former self-insurer; and

(b)are payable within 20 business days after WorkCover’s written demand for payment, or a further period allowed by WorkCover.

(3)WorkCover may recover the debt from the former self-insurer’s section 84 security if the former self-insurer—

(a)fails to pay the debt within the period; or

(b)authorises WorkCover to do so in writing.

(4)If subsection (3) applies, WorkCover may, by written notice, ask the Regulator to authorise the release of the amount of the debt to WorkCover from the section 84 security.

(5)The Regulator must make a decision about the release of the amount within 20 business days after being given the request.

(6)In this section—

management costs means the reasonable costs of administering the former self-insurer’s claims.

s 101 amd 2003 No. 85 s 28 sch; 2004 No. 45 s 3 sch; 2005 No. 50 s 3 sch; 2013 No. 52 s 65; 2016 No. 44 s 53 sch 1

102Assessing liability after cancellation

(1)This section applies if a licence is cancelled.

(2)WorkCover must appoint an actuary to assess the former self-insurer’s liability under sections 68C and 87(1).

(3)The amount of liability is the amount calculated under a regulation.

(4)The amount of liability assessed and management costs—

(a)are a debt due to WorkCover by the former self-insurer; and

(b)are payable within 20 business days after the date of assessment, or a further period allowed by WorkCover.

(5)Without limiting subsection (4), if the former self-insurer fails to pay the debt within the period, WorkCover may recover the debt from the former self-insurer’s section 84 security.

(6)The Regulator must retain the section 84 security until it is satisfied that the former self-insurer’s liability under sections 68C and 87(1) has been discharged or adequately provided for.

(7)In this section—

management costs means the reasonable costs of—

(a)administering the former self-insurer’s claims; and

(b)the actuarial assessment of liability.

s 102 amd 2003 No. 85 s 28 sch; 2004 No. 45 s 3 sch; 2005 No. 50 s 3 sch; 2013 No. 52 s 114 sch 2; 2016 No. 44 s 53 sch 1

103Return of section 84 security after cancellation

(1)This section applies if—

(a)a self-insurer’s licence is cancelled; and

(b)the former self-insurer considers that all accrued, continuing, future and contingent liabilities of the self-insurer have been discharged or adequately provided for.

(2)The former self-insurer may, by written notice, ask the Regulator to return the balance of the section 84 security.

(3)The Regulator must, within 60 business days after being given the request—

(a)return the balance; or

(b)if the Regulator considers that all accrued, continuing, future and contingent liabilities of the self-insurer have not been discharged or adequately provided for—give the former self-insurer a written notice refusing to return the balance and stating the reasons for the refusal.

(4)If the Regulator refuses to return the balance, the former self-insurer may appeal under chapter 13.

(5)In this section—

return includes relinquish.

s 103 amd 2004 No. 45 s 3 sch; 2013 No. 52 s 114 sch 2; 2016 No. 44 s 53 sch 1

104Contingency account

(1)The Regulator may establish and maintain a contingency account to meet any future liability against a former self-insurer.

(2)A regulation may prescribe that a specified percentage of the self-insurer’s annual levy may be paid to the account.

(3)Payments may be made from the contingency account if—

(a)a self-insurer’s licence is cancelled; and

(b)the former self-insurer’s section 84 security is exhausted or has been returned; and

(c)WorkCover is unable to recover claims costs from the former self-insurer.

s 104 amd 2013 No. 52 s 114 sch 2; 2016 No. 44 s 53 sch 1

ch 2 pt 4 div 6 hdg ins 2005 No. 50 s 14

105Application of div 6

This division applies if a self-insurer becomes a non-scheme employer.

s 105 prev s 105 om 2004 No. 45 s 13

pres s 105 ins 2005 No. 50 s 14

105ANon-scheme employer must give notice to Regulator

(1)The non-scheme employer must, by written notice, tell the Regulator that the non-scheme employer has become a non-scheme employer.

(2)The non-scheme employer must give the notice to the Regulator within 5 business days after receiving notice that it has been granted a licence under the Safety, Rehabilitation and Compensation Act 1988 (Cwlth), part VIII.

(3)The non-scheme employer must also tell the Regulator the exit date.

s 105A ins 2005 No. 50 s 14

amd 2013 No. 52 s 114 sch 2

105BNon-scheme employer continues to be self-insurer for 12 months

(1)The non-scheme employer is taken to continue to be a self-insurer for 12 months from the exit date for the purposes of the injuries mentioned in subsection (3).

(2)For subsection (1), the self-insurer’s licence of the non-scheme employer (the continued licence) continues until it is cancelled under section 105E.

(3)The non-scheme employer is liable for compensation and damages for the total of the accrued, continuing, future and contingent liabilities for all injuries sustained by a worker employed by the non-scheme employer that arise from an event happening or ending during the period the non-scheme employer was licensed as a self-insurer but before the exit date.

(4)The non-scheme employer continues to have the functions and powers of a self-insurer under section 92 or 92A for the injuries mentioned in subsection (3) for the period of 12 months after the exit date.

s 105B ins 2005 No. 50 s 14

105CNon-scheme employer continues to have obligation for rehabilitation

Sections 228 and 229 continue to apply to the non-scheme employer after the exit date for the injuries mentioned in section 105B(3).

s 105C ins 2005 No. 50 s 14

105DRegulator may impose conditions on continued licence

(1)The Regulator may, by written notice to the non-scheme employer, during the period of 12 months after the exit date—

(a)impose conditions on the continued licence; or

(b)vary conditions imposed on the continued licence.

(2)The non-scheme employer must comply with the conditions imposed on the continued licence.

Maximum penalty for subsection (2)—1,000 penalty units.

s 105D ins 2005 No. 50 s 14

amd 2013 No. 52 s 114 sch 2

105ECancellation of continued licence

The continued licence is cancelled on the day that is 12 months after the exit date.

s 105E ins 2005 No. 50 s 14

105FTransfer to WorkCover after cancellation

Other than as provided by section 105G, on cancellation of the continued licence—

(a)the non-scheme employer’s functions and powers as a self-insurer under section 92 or 92A end; and

(b)for all applications for compensation held by the non-scheme employer immediately before the cancellation—

(i)the non-scheme employer must immediately give WorkCover all documents relating to the applications; and

(ii)WorkCover has all its functions and powers; and

(c)an application for compensation that, other than for this section, would have been lodged with the non-scheme employer as a self-insurer, must be lodged with WorkCover; and

(d)WorkCover replaces the non-scheme employer, for any proceeding being taken, or that may be taken, by a claimant or worker against or by the non-scheme employer as a self-insurer, as an insurer in relation to the claimant or worker; and

(e)WorkCover has the rights, and assumes the obligations, of the non-scheme employer as a self-insurer under the contract of reinsurance.

Maximum penalty for paragraph (b)(i)—200 penalty units.

s 105F ins 2005 No. 50 s 14

105GParticular functions and powers may be held by non-scheme employer after cancellation

(1)The purpose of this section is to authorise the non-scheme employer to perform functions and exercise powers as a self-insurer to manage claims arising during the period when the non-scheme employer was a self-insurer but before the exit date.

(2)If the Regulator considers it appropriate, the Regulator may, at the request of the non-scheme employer, allow the non-scheme employer to continue to have functions and powers as a self-insurer previously had by the non-scheme employer as a self-insurer under section 92 or 92A.

(3)The Regulator must give the non-scheme employer written notice of the functions and powers continued.

(4)The Regulator may impose conditions on the functions and powers continued.

(5)The non-scheme employer has the functions and powers of a self-insurer as stated in the notice.

s 105G ins 2005 No. 50 s 14

amd 2013 No. 52 s 114 sch 2

105HRecovery of ongoing costs from non-scheme employer

(1)This section applies if, after the continued licence is cancelled, WorkCover—

(a)pays compensation or damages for which the non-scheme employer is liable under section 68C or 87; or

(b)incurs management costs in managing compensation applications or damages actions for the compensation or damages mentioned in paragraph (a).

(2)The compensation or damages payments and management costs—

(a)are a debt due to WorkCover by the non-scheme employer; and

(b)are payable within 20 business days after WorkCover’s written demand for payment, or a further period allowed by WorkCover.

(3)WorkCover may recover the debt from the non-scheme employer’s section 84 security if the non-scheme employer—

(a)fails to pay the debt within the period; or

(b)authorises WorkCover to do so in writing.

(4)If subsection (3) applies, WorkCover may, by written notice, ask the Regulator to authorise the release of the amount of the debt to WorkCover from the section 84 security.

(5)The Regulator must make a decision about the release of the amount within 20 business days after being given the request.

(6)In this section—

management costs means the reasonable costs of administering the claims for which the non-scheme employer is liable.

s 105H ins 2005 No. 50 s 14

amd 2013 No. 52 s 66; 2016 No. 44 s 53 sch 1

105IAssessing liability after cancellation

(1)WorkCover must appoint an actuary to assess the non-scheme employer’s liability under section 105B(3).

(2)The amount of liability is the amount calculated under a regulation.

(3)The amount of liability assessed and management costs—

(a)are a debt due to WorkCover by the non-scheme employer; and

(b)are payable within 20 business days after the date of assessment, or a further period allowed by WorkCover.

(4)Without limiting subsection (3), if the non-scheme employer fails to pay the debt within the period, WorkCover may recover the debt from the non-scheme employer’s section 84 security.

(5)The Regulator must retain the section 84 security until the non-scheme employer’s liability under section 105B(3) has been finalised as provided for under a regulation.

(6)In this section—

management costs means the reasonable costs of—

(a)administering the claims for which the non-scheme employer is liable; and

(b)the actuarial assessment of liability.

s 105I ins 2005 No. 50 s 14

amd 2013 No. 52 s 114 sch 2; 2016 No. 44 s 53 sch 1

105JReturn of section 84 security after cancellation

(1)This section applies if the non-scheme employer considers that all accrued, continuing, future and contingent liabilities of the non-scheme employer as a self-insurer have been discharged or adequately provided for.

(2)The non-scheme employer may, by written notice, ask the Regulator to return the balance of the non-scheme employer’s section 84 security.

(3)The Regulator must, within 60 business days after being given the request—

(a)return the balance; or

(b)if the Regulator considers that all accrued, continuing, future and contingent liabilities of the non-scheme employer as a self-insurer have not been discharged or adequately provided for—give the non-scheme employer a written notice refusing to return the balance and stating the reasons for the refusal.

(4)If the Regulator refuses to return the balance, the non-scheme employer may appeal under chapter 13.

(5)In this section—

return includes relinquish.

s 105J ins 2005 No. 50 s 14

amd 2013 No. 52 s 114 sch 2; 2016 No. 44 s 53 sch 1

ch 2 pt 4 div 7 hdg ins 2005 No. 50 s 14

105KApplication of div 7

This division applies if a member of a group employer that is a self-insurer becomes a non-scheme employer (the non-scheme member).

s 105K ins 2005 No. 50 s 14

105LSelf-insurer must give notice to Regulator

(1)The self-insurer of which the non-scheme member is a member must, by written notice, tell the Regulator that the non-scheme member has become a non-scheme employer.

(2)The notice must be given within 5 business days after the non-scheme member receives notice that the non-scheme member has been granted a licence under the Safety, Rehabilitation and Compensation Act 1988 (Cwlth), part VIII.

(3)The self-insurer must tell the Regulator the exit date of the non-scheme member.

(4)The Regulator must consider whether the self-insurer, after the change, meets the requirements for a self-insurer’s licence for a group employer.

s 105L ins 2005 No. 50 s 14

amd 2013 No. 52 s 114 sch 2

105MNon-scheme member continues as member of self-insurer for 12 months

(1)The non-scheme member is taken to continue to be a member of the self-insurer for 12 months from the exit date for the purposes of the injuries mentioned in subsection (2).

(2)The self-insurer is liable for compensation and damages for the total of the accrued, continuing, future and contingent liabilities for all injuries sustained by a worker employed by the non-scheme member that arise from an event happening or ending during the period the non-scheme member was a member of the self-insurer but before the exit date.

s 105M ins 2005 No. 50 s 14

105NNon-scheme member continues to have obligation for rehabilitation

Sections 228 and 229 continue to apply to the non-scheme member after the exit date for the injuries mentioned in section 105M(2).

s 105N ins 2005 No. 50 s 14

105OConsequences of member becoming non-scheme member

(1)At the end of 12 months after the exit date, the self-insurer must pay WorkCover an amount for the non-scheme member’s total liability.

(2)For subsection (1), WorkCover is liable for compensation and damages for the non-scheme member’s total liability for all injuries sustained by a worker employed by the non-scheme member that arise from an event happening or ending during the period the non-scheme member was a member of the self-insurer but before the exit date.

(3)The total liability must be—

(a)calculated in the way prescribed under a regulation by an actuary approved by the Regulator; and

(b)paid within the time allowed under a regulation.

s 105O ins 2005 No. 50 s 14

amd 2013 No. 52 s 114 sch 2

ch 3 pt 1 hdg sub 2004 No. 45 s 12

106Meaning of normal weekly earnings

(1)Normal weekly earnings are the normal weekly earnings of a worker from employment (continuous or intermittent) had by the worker in the 12 months immediately before the day the worker sustained an injury.

(2)If a worker has not had employment for the 12 months immediately before the day the worker sustained an injury, normal weekly earnings are the normal weekly earnings of the worker from employment (continuous or intermittent) had by the worker in the period in which the worker has had the employment.

(3)Normal weekly earnings are calculated as prescribed under a regulation.

ch 3 pt 1 hdg ins 2004 No. 45 s 14

107ADefinitions for pt 1A

In this part—

amount includes rate.

Industrial Act means—

(a)the Industrial Relations Act 2016; or

(b)the Fair Work Act 2009 (Cwlth).

s 107A def Industrial Act amd 2009 No. 49 s 76; 2016 No. 63 s 1157 sch 6

s 107A ins 2004 No. 45 s 14

107BMeaning of amount payable under an industrial instrument

(1)An amount payable, under an industrial instrument, to a worker is—

(a)if an amount has been approved by the Regulator under section 107E—the amount applying immediately before the worker became incapacitated; or

(b)if paragraph (a) does not apply—an amount equal to the weekly rate of wages (however described) under the industrial instrument that the worker was entitled to be paid in the worker’s usual employment immediately before the worker became incapacitated.

(2)If the industrial instrument provides for a change in the amount mentioned in subsection (1)(a) after the amount is approved, or there is a change in the rate of wages under the industrial instrument at any time after the worker became incapacitated, the amount payable to the worker changes accordingly.

(3)If a worker is employed in an industry that is seasonal in nature, the amount payable to the worker must reflect the relevant season under the industrial instrument.

s 107B ins 2004 No. 45 s 14

amd 2013 No. 52 s 114 sch 2

107CMeaning of usual employment

(1)A worker’s usual employment is the worker’s permanent position or classification of employment.

(2)However, if a worker is temporarily appointed to another position or classification for a period, the worker’s usual employment for the period of the temporary appointment is the temporary position or classification.

Example of usual employment for subsection (2)—

A worker is acting in higher duties for 3 months. The worker is incapacitated after 1 month. The worker would be entitled to the higher duties wage rate for the remaining 2 months. When that 2 months ends, the worker would be entitled to the wage rate of the worker’s permanent position or classification.

s 107C ins 2004 No. 45 s 14

107DEntitlements to compensation under industrial instrument generally prohibited and void

(1)The industrial commission can not include in an industrial instrument made by it, or approve for an industrial instrument submitted to it, a provision for accident pay, or other payment, on account of a worker sustaining an injury.

(2)The registrar of the industrial commission is not to register an industrial instrument submitted to the registrar that provides for payment of accident pay, or other payment, on account of a worker sustaining an injury.

(3)Despite subsections (1) and (2), an industrial instrument, other than an award under an Industrial Act, may provide for an amount to be payable as a weekly rate of wages (however described) to a worker if the worker becomes incapacitated.

(4)A provision of an industrial instrument, other than a provision mentioned in subsection (3) that contains an amount that has been approved by the Regulator under section 107E, is of no force or effect to the extent that it provides for payment of accident pay, or other payment, on account of a worker sustaining an injury.

s 107D ins 2004 No. 45 s 14

amd 2013 No. 52 s 114 sch 2

107ERegulator may approve amount payable under industrial instrument

(1)This section applies if an industrial instrument, other than an award under an Industrial Act, provides for an amount to be payable as a weekly rate of wages (however described) to a worker if the worker becomes incapacitated.

(2)An employer may, by written notice, ask the Regulator to approve the amount provided for in the industrial instrument for the purposes of section 107B.

(3)The Regulator can approve the amount provided for in the industrial instrument only if the amount was contained in the industrial instrument as approved or certified under an Industrial Act.

(4)In deciding whether or not to approve the amount, the Regulator must have regard to—

(a)if the industrial instrument is a workplace agreement or if an employee organisation is not a party to the industrial instrument—the entitlements of a worker to weekly payment of compensation under section 150(1)(a)(i); or

(b)in all other cases—whether the amount is consistent with the compensation entitlements of a worker under previous industrial instruments agreed to by the parties to the industrial instrument.

(5)The Regulator must make a decision within 25 business days after it receives the request.

(6)If the Regulator refuses to approve the amount, the employer may appeal under chapter 13.

(7)In this section—

workplace agreement means—

(a)an Australian workplace agreement or preserved individual State agreement under the Workplace Relations Act 1996 (Cwlth) given continuing effect under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth), schedule 3, part 2; or

(b)an individual division 2B state employment agreement under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth).

s 107E ins 2004 No. 45 s 14

amd 2006 No. 22 s 18; 2011 No. 4 s 65; 2013 No. 52 s 114 sch 2

108Compensation entitlement

(1)Compensation is payable under this Act for an injury sustained by a worker.

(2)However, if a worker’s injury is an aggravation mentioned in section 32(3)(b) or (ba), the worker is entitled to compensation for the injury only to the extent of the effects of the aggravation.

Note—

See also division 5 in relation to the effect of compensation on a worker’s leave entitlements.

s 108 amd 2006 No. 22 s 19; 2011 No. 18 s 406; 2013 No. 52 s 68

109Who must pay compensation

(1)If an employer is a self-insurer, the employer must pay the compensation.

(2)Otherwise, WorkCover must pay the compensation.

(3)An employer who is not a self-insurer can not pay a worker an amount, either in compensation or instead of compensation, that is payable by WorkCover under the Act for an injury sustained by the worker.

(4)However, an employer who is not a self-insurer may pay a worker an amount, either in compensation or instead of compensation, that is payable by WorkCover under the Act for an injury sustained by the worker if—

(a)the worker has made an application for compensation under section 132; and

(b)the employer has complied with section 133A.

(5)Subsection (4) applies only until WorkCover has allowed a claimant’s application for compensation under section 134.

(6)Subsections (2) and (3) are subject to section 66.

s 109 amd 2004 No. 45 s 15; 2005 No. 50 ss 15, 3 sch

109AWhen an employer contravenes obligation not to pay compensation payable by WorkCover

(1)This section applies if an employer contravenes section 109(3).

(2)WorkCover may require the employer to pay WorkCover an amount by way of penalty equal to 50% of the employer’s premium for the period of insurance.

(3)WorkCover may recover the amount from the employer—

(a)as a debt; or

(b)as an addition to a premium payable by the employer.

(4)The employer may apply in writing to WorkCover to waive or reduce the penalty because of extenuating circumstances.

(5)The application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case.

(6)WorkCover must consider the application and may—

(a)waive or reduce the penalty; or

(b)refuse to waive or reduce the penalty.

(7)If the employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13.

s 109A ins 2004 No. 45 s 16

110Compensation entitlement can not be relinquished, assigned or subject to execution

(1)A worker or another person can not relinquish an entitlement to compensation for an injury sustained by the worker or the person.

(2)An agreement made by the worker or the person purporting to relinquish the entitlement is of no force or effect.

(3)Compensation can not be assigned, charged, taken in execution, or attached, and a worker’s entitlement to compensation can not pass to another person by operation of law or otherwise, and no claim can be set off against the amount.

(4)Subsection (3) is subject to subsection (5) and section 170(2)(b).

(5)If an employer pays to a worker an amount, for example wages, to which the worker is entitled as compensation for an injury, WorkCover may reimburse the employer for the amount paid to the extent of the worker’s entitlement for the injury instead of paying the worker.

111Public trustee may act for claimant

If asked by a claimant, the public trustee may make and prosecute an application for compensation, and act for the claimant, for any purpose of the application.

112Public trustee may receive payments for minors

(1)This section applies if a person entitled to payment of lump sum compensation or a redemption payment is under 18 years.

(2)The insurer liable to pay the compensation may pay the amount of the lump sum compensation or redemption payment to the public trustee.

113Employment must be connected with State

(1)Compensation under this Act is only payable in relation to employment that is connected with this State.

(2)The fact that a worker is outside this State when the injury is sustained does not prevent compensation being payable under this Act in relation to employment that is connected with this State.

(3)A worker’s employment is connected with—

(a)the State in which the worker usually works in that employment; or

(b)if no State or no 1 State is identified by paragraph (a), the State in which the worker is usually based for the purposes of that employment; or

(c)if no State or no 1 State is identified by paragraph (a) or (b), the State in which the employer’s principal place of business in Australia is located.

(4)In the case of a worker on a ship, if no State or no 1 State is identified by subsection (3), a worker’s employment is, while on a ship, connected with the State in which the ship is registered or (if the ship is registered in more than 1 State) the State in which the ship most recently became registered.

(5)If no State is identified by subsection (3) or (if applicable) (4), a worker’s employment is connected with this State if—

(a)the worker is in this State when the injury is sustained; and

(b)there is no place outside Australia under the legislation of which the worker may be entitled to compensation for the same matter.

(6)In deciding whether a worker usually works in a State, regard must be had to the worker’s work history with the employer and the intention of the worker and employer.

(7)However, regard must not be had to any temporary arrangement under which the worker works in a State for a period of not longer than 6 months.

(8)Compensation under this Act does not apply in relation to the employment of a worker on a ship if the Seafarers Rehabilitation and Compensation Act 1992 (Cwlth) applies to the worker’s employment.

(9)In this section—

State, in a geographical sense, includes a State’s relevant adjacent area as described in schedule 4.

114Recognition of determination of State of connection in another State

(1)If a designated court makes a determination of the State with which a worker’s employment is connected for the purposes of a corresponding law, that State is to be recognised for the purposes of section 113 as the State with which the worker’s employment is connected.

(2)Subsection (1) does not prevent or affect the operation of a determination of the State with which a worker’s employment is connected for the purposes of section 113 made by a court of this State before the determination is made by a designated court.

(3)Subsection (1) does not prevent any appeal relating to a determination of a designated court and, if the determination is altered on appeal, the altered determination is to be recognised under subsection (1).

(4)In this section—

corresponding law means the provisions of the statutory workers’ compensation scheme of another State that correspond with section 113.

designated court means—

(a)the Supreme Court of a State in which a corresponding law is in force; or

(b)a court, tribunal or other decision-making body of a State in which a corresponding law is in force that is declared under a regulation to be a designated court for the purposes of this section.

115Overseas arrangements

(1)If—

(a)an injury is sustained by a worker in another country in circumstances that, had the injury been sustained in Queensland, compensation would have been payable; and

(b)at the time of the injury, the worker’s principal place of employment was in Queensland;

compensation is payable as if the injury were sustained in Queensland.

(2)If—

(a)an injury is sustained by a worker in Queensland; and

(b)at the time of the injury, the worker’s principal place of employment was in another country;

compensation is not payable for the injury.

(3)For this section, a worker’s principal place of employment is in a country if—

(a)the worker usually works in that country; or

(b)for a worker who usually works in more than 1 country—the employer’s principal place of business is in that country.

(4)In deciding whether a worker usually works in a country, regard must be had to the worker’s work history with the employer and the intention of the worker and employer.

(5)However, regard must not be had to any temporary arrangement under which the worker works in a country for a period of not longer than 6 months.

116Effect on entitlement if compensated under corresponding laws

(1)This section applies if, for an injury, payment (by whatever name called) that corresponds to compensation under this Act is made to, or on account of, a person under an entitlement under another law.

(2)The person’s entitlement to compensation under this Act for the injury stops.

(3)However, if the person’s entitlement under the other law relates only to payments corresponding to compensation under chapter 4A, subsection (2) applies only to stop the person’s entitlement to compensation under chapter 4 or 4A.

Examples of payments to which subsection (3) may apply—

Payments under any of the following schemes—

(a)the scheme under the National Disability Insurance Scheme Act 2013 (Cwlth);

(b)the scheme under the National Injury Insurance Scheme (Queensland) Act 2016;

(c)a scheme corresponding to the scheme mentioned in paragraph (b) under a law of a place other than Queensland.

s 116 amd 2016 No. 44 s 12

117Compensation recoverable if later paid under corresponding laws

(1)This section applies if, for an injury—

(a)an insurer has paid compensation under this Act to, or on account of, a person; and

(b)subsequently payment (by whatever name called) that corresponds to compensation under this Act is made to, or on account of, the person under an entitlement under another law for the injury.

(2)The insurer may recover the amount paid as compensation under this Act from the person to whom, or on whose account, it was paid.

(3)However, if the payments made to, or on account of, the person under the other law correspond only to compensation under chapter 4A, subsection (2) applies only to the extent of compensation paid under chapter 4 or 4A.

s 117 amd 2016 No. 44 s 13

118Condition on compensation application if compensation available under this Act and corresponding law

(1)This section applies if, for an injury, a person is entitled to—

(a)payment of compensation under this Act; and

(b)payment that corresponds to compensation payable under this Act under an entitlement under another law.

(2)An application for compensation under this Act is duly made, and is to be acted on, only if the claimant gives the insurer the claimant’s statutory declaration that—

(a)a claim for payment for the injury under the entitlement under the other law has not been made; and

(b)a claim mentioned in paragraph (a) will not be made.

(3)However, if the person’s entitlement under the other law relates only to payments corresponding to compensation under chapter 4A—

(a)subsection (2) does not apply; and

(b)an application for compensation under this Act is duly made, and is to be acted on, only if the claimant gives the insurer the claimant’s statutory declaration about—

(i) whether or not the claimant has made a claim for payment for the injury under the entitlement under the other law; and

(ii)if the claimant has not made a claim for payment for the injury under the entitlement under the other law—whether or not the claimant intends to make the claim.

s 118 amd 2016 No. 44 s 14

119Entitlement to compensation ends if damages claim is finalised

(1)This section applies if, for an injury, there is—

(a)an entitlement to compensation; and

(b)an entitlement to recover damages against an employer or another person.

(2)An entitlement to compensation ends when settlement for damages is agreed or judgment for damages is given.

(3)However, an entitlement to compensation under chapter 4A for an injury ends only if—

(a) the damages include treatment, care and support damages; and

(b)the worker accepts the treatment, care and support damages within the acceptance period.

(4)To remove any doubt, it is declared that the ending, under subsection (3), of an entitlement to compensation under chapter 4A for an injury also stops any entitlement to compensation under chapter 4 for the injury.

(5)In this section—

accept, for treatment, care and support damages, see section 232U.

acceptance period, for treatment, care and support damages, see section 232U.

damages includes damages under a legal liability existing independently of this Act, whether or not within the meaning of section 10.

s 119 amd 2016 No. 44 s 15

ch 3 pt 2 div 5 hdg ins 2011 No. 18 s 407

119ACompensation entitlement does not restrict taking or accrual of leave

(1)This section applies to a worker who is entitled to compensation, including compensation payable as weekly payments.

(2)The worker is entitled to take or accrue annual leave, sick leave and long service leave under an Industrial Act or industrial instrument during the period to which the compensation relates.

Note—

In relation to entitlements under the Fair Work Act 2009 (Cwlth), this section removes the restriction under section 130(1) of that Act.

s 119A ins 2011 No. 18 s 407

120Application of div 1

This division applies to an injury sustained by a worker who was employed on a ship when the injury was sustained.

121Payment on account of workers on ships

(1)Compensation is not payable for the death of the worker who leaves no dependants, if the owner or charterer of the ship on which the worker was employed when the injury was sustained is, under an Act or law in force in the State, liable to pay the expenses of the worker’s funeral.

(2)Compensation is not payable for injury sustained by the worker for a period during which the owner or charterer of the ship on which the worker was employed when the injury was sustained is, under another Act or law in force in the State, liable to pay the expenses, maintenance or wages of the worker.

(3)Compensation payable for injury sustained by the worker must be paid in full, despite any limitation of liability prescribed by another law.

(4)Subsection (3) applies subject to section 116.

122Application of div 2

This division applies to an injury sustained by a worker who was a miner when the injury was sustained and the injury is the disease silicosis or anthraco-silicosis.

123Entitlements of miners

(1)The worker is entitled to compensation only if subsection (2) or (3) applies.

(2)Compensation is payable for the injury if the worker—

(a)has been continuously resident in the State during the 5 years immediately before—

(i)the onset of incapacity due to the disease; or

(ii)death due to the disease, if it happens without the onset of incapacity due to the disease; and

(b)during the period of residency, has been employed in employment in mining, quarrying, stone crushing or stone cutting in the State for at least 300 days.

(3)If subsection (2) does not apply, compensation is payable for the injury if the worker—

(a)has been resident in the State for periods totalling at least 5 years during the 7 years immediately before—

(i)the onset of incapacity due to the disease; or

(ii)death due to the disease, if it happens without the onset of incapacity due to the disease; and

(b)during the period of residency, has been employed in employment in mining, quarrying, stone crushing or stone cutting in the State for at least 500 days.

124Application of div 3

This division applies to a worker who has sustained an injury that is industrial deafness.

125Entitlements for industrial deafness

(1)The worker is entitled to compensation for the industrial deafness under part 10 and sections 211(1)(a) and 219(1) and not under any other provision.

(2)The application for compensation for industrial deafness must be made—

(a)while the claimant is a worker under this Act; or

(b)if the claimant would ordinarily be a worker under this Act but is temporarily unemployed; or

(c)within 12 months after the claimant’s formal retirement from employment.

(3)The worker is entitled to compensation for industrial deafness that is attributable to the worker’s employment in the State as a worker if the worker—

(a)has been employed in an industry in the State for a period of, or for periods totalling, at least 5 years; and

(b)the employment was at a location, or at locations, where the noise level was a significant contributing factor to the industrial deafness.

(4)The worker is not entitled to lump sum compensation for the first 5% of the worker’s diminution of hearing.

(5)The insurer must ask that the worker’s degree of permanent impairment resulting from the diminution of hearing be assessed under section 179.

126Further application for compensation for industrial deafness

(1)This section applies if a worker has lodged an application for compensation for industrial deafness.

(2)The worker is entitled to lodge a further application for compensation for industrial deafness only if it is lodged more than 3 years after the previous application was lodged with the insurer.

(3)The worker is entitled to further lump sum compensation if the worker has sustained a further diminution of hearing of more than 1%.

(4)The further application must be decided under section 125.

ch 3 pt 3 div 4 hdg prev div 4 hdg om 2013 No. 52 s 5 (retro)

pres div 4 hdg (prev div 5 hdg) ins 2005 No. 50 s 16

renum 2013 No. 52 s 6 (retro)

128AApplication of div 4

This division applies to a worker if a latent onset injury sustained by the worker is a terminal condition.

s 128A ins 2005 No. 50 s 16

amd 2013 No. 52 s 7 (retro)

128BEntitlements of worker with terminal condition

(1)The worker is entitled to compensation for the latent onset injury calculated only under this division.

(2)The worker is entitled to lump sum compensation equal to the sum of the following amounts—

(a)$200,000;

(b)additional lump sum compensation for care of 10% of the amount payable under paragraph (a);

(c)additional lump sum compensation of up to $200,000 payable according to a graduated scale prescribed under a regulation, having regard to the age of the worker when the worker lodges an application for compensation for the latent onset injury.

(3)However, the amount payable under subsection (2)(a) is subject to any reduction made under section 128C.

(4)The worker is also entitled to compensation under chapter 4, part 2, but only until the worker receives lump sum compensation under subsection (2).

s 128B ins 2005 No. 50 s 16

amd 2008 No. 61 s 39 (retro)

128CReduction of amount payable

(1)This section applies if any of the following payments have been made in relation to the worker’s latent onset injury—

(a)a weekly payment of compensation;

(b)a redemption payment;

(c)a payment of lump sum compensation;

(d)a payment of compensation or damages under a law of Queensland, another State or of the Commonwealth.

(2)The amount of compensation payable under section 128B(2)(a) must be reduced by the total of all payments mentioned in subsection (1).

s 128C ins 2005 No. 50 s 16

128DWorker’s dependants

(1)This section applies if the worker has dependants.

(2)The worker’s dependants are entitled to lump sum compensation equal to the sum of the following amounts—

(a)15% of the amount payable under section 200(2)(a);

(b)2% of the amount payable under section 200(2)(a) for the reasonable expenses of the worker’s funeral.

(3)An insurer may pay the compensation under this section—

(a)to the worker; or

(b)to the worker’s dependants at the same time as the insurer pays the worker lump sum compensation under section 128B.

(4)The worker’s dependants are not entitled to further compensation under chapter 3, part 11 for the death of the worker.

(5)In this section—

dependant, of a worker, means a member of the worker’s family who is completely or partly dependent on the worker’s earnings.

member of the family, of a worker, means—

(a)the worker’s—

(i)spouse; or

(ii)parent, grandparent or step-parent; or

(iii)child, grandchild or stepchild; or

(iv)brother, sister, half-brother or half-sister; or

(b)if the worker stands in the place of a parent to another person—the other person; or

(c)if another person stands in the place of a parent to the worker—the other person.

s 128D ins 2008 No. 61 s 40 (retro)

amd 2010 No. 24 s 3 sch

128ETo whom payments made for death of worker

(1)This section applies if—

(a)the worker dies because of the latent onset injury; and

(b)the worker had received a payment of lump sum compensation under section 128B for the latent onset injury; and

(c)if the worker left dependants—an insurer had not paid the worker or the worker’s dependants the lump sum compensation under section 128D to which the worker’s dependants were entitled.

(2)The compensation under section 128D for the worker’s dependants is payable—

(a)to the worker’s legal personal representative; or

(b)if there is no legal personal representative—to the worker’s dependants.

(3)The worker’s legal personal representative must pay or apply the compensation to or for the benefit of the worker’s dependants.

s 128E ins 2008 No. 61 s 40 (retro)

Note—

Under section 128B, if a worker sustains a latent onset injury that is a terminal condition, the worker is entitled to compensation for the injury only under division 4.

ch 3 pt 3 div 5 hdg ins 2017 No. 27 s 20

ch 3 pt 3 div 5 sdiv 1 hdg ins 2017 No. 27 s 20

128F Application of subdivision

This subdivision applies to a worker—

(a)who has sustained an injury that is pneumoconiosis; and

(b)if section 119 applies for the worker’s injury—whose entitlement to compensation for the injury has not ended under section 119(2).

s 128F ins 2017 No. 27 s 20

128G Lump sum compensation

(1)The worker is entitled to lump sum compensation under this subdivision of up to $120,000 for the injury.

(2)The amount of the lump sum compensation is payable according to a graduated scale prescribed by regulation, calculated on the basis of—

(a)the worker’s pneumoconiosis score; and

(b)the worker’s lodgement age.

(3)For subsection (2), a regulation may prescribe bands (each a pneumoconiosis band) that comprise particular pneumoconiosis scores.

(4)Subject to section 140, the worker’s entitlement to lump sum compensation under this subdivision is in addition to any entitlement to lump sum compensation under part 10.

(5)This section applies despite section 176.

s 128G ins 2017 No. 27 s 20

128H When lump sum compensation is payable

(1)The lump sum compensation is payable only after the worker’s injury has been assessed under section 179.

(2)However, it does not matter whether the notice of assessment in relation to the injury states that the worker has sustained permanent impairment from the injury.

s 128H ins 2017 No. 27 s 20

ch 3 pt 3 div 5 sdiv 2 hdg ins 2017 No. 27 s 20

128I Application of subdivision

(1)This subdivision applies to a worker who has sustained an injury that is pneumoconiosis if—

(a)the worker has received either of the following for the injury—

(i)lump sum compensation under subdivision 1;

(ii)further lump sum compensation under this subdivision; and

(b)at any time after receiving the lump sum compensation, or further lump sum compensation, the worker’s pneumoconiosis score for the injury increases (the increased pneumoconiosis score) and falls within a higher pneumoconiosis band.

(2)This subdivision also applies to a worker who has sustained an injury that is pneumoconiosis if—

(a)a settlement for damages has been agreed, or judgment for damages has been given, for the injury; and

(b)the settlement or judgment does not include damages to compensate the worker for the future progression of the injury; and

(c)at any time after the settlement is agreed, or the judgment is given, the worker’s pneumoconiosis score for the injury increases (also the increased pneumoconiosis score) and falls within a higher pneumoconiosis band.

(3)For subsection (2)(b), if the settlement or judgment does not expressly state that it includes damages to compensate the worker for the future progression of the injury, the settlement or judgment is taken not to include damages for that purpose.

s 128I ins 2017 No. 27 s 20

128JFurther lump sum compensation

(1)The worker is entitled to further lump sum compensation under this subdivision for the injury.

(2)The amount of the further lump sum compensation is the difference between—

(a)the amount that would be payable according to the graduated scale mentioned in section 128G(2), calculated on the basis of—

(i)the worker’s increased pneumoconiosis score; and

(ii)the worker’s lodgement age; and

(b)the amount that would be payable according to the graduated scale mentioned in section 128G(2), calculated on the basis of—

(i)the worker’s relevant previous pneumoconiosis score; and

(ii)the worker’s lodgement age.

(3)For subsection (2)(b)(i), the worker’s relevant previous pneumoconiosis score is—

(a)if the worker has received lump sum compensation under subdivision 1, but not further lump sum compensation under this subdivision—the pneumoconiosis score that was used to calculate the compensation under subdivision 1; or

(b)if the worker has received further lump sum compensation under this subdivision—the pneumoconiosis score that was used, or that has most recently been used, to calculate the further compensation under this subdivision; or

(c)if the worker is a worker mentioned in section 128I(2) and has not received further lump sum compensation under this subdivision—the pneumoconiosis score worked out using the last chest image of the worker taken before the settlement for damages was agreed or the judgment for damages was given.

(4)Subject to section 140, the worker’s entitlement to further lump sum compensation under this subdivision is in addition to any entitlement to lump sum compensation under part 10.

(5)This section applies despite sections 119, 176 and 239.

s 128J ins 2017 No. 27 s 20

amd 2019 No. 33 s 45

128KWhen further lump sum compensation is payable

(1)The further lump sum compensation is payable only after the worker’s injury has been further assessed under section 179.

(2)However, it does not matter whether the notice of assessment in relation to the injury states that the worker has sustained permanent impairment from the injury.

s 128K ins 2017 No. 27 s 20

ch 3 pt 3 div 5 sdiv 3 hdg ins 2017 No. 27 s 20

128L Advances on account

(1)This section applies if an insurer is satisfied a worker—

(a)is entitled to lump sum compensation under subdivision 1 or 2 for an injury; and

(b)is experiencing financial hardship.

(2)The insurer may, from time to time, advance to the worker amounts on account of any lump sum compensation as it considers appropriate in the circumstances.

(3)Subsection (2) applies despite sections 128H and 128K.

(4)Acceptance of the amount on account of lump sum compensation by the worker does not constitute an election by the worker not to seek damages for the injury.

Note—

See also section 178A.

s 128L ins 2017 No. 27 s 20

128M Reduction of compensation for particular workers with more than 1 pneumoconiosis injury

(1)This section applies if a worker who has sustained an injury that is pneumoconiosis (the current injury)—

(a)is entitled to compensation under subdivision 1 or 2 for the current injury; and

(b)has previously received compensation under subdivision 1 or 2 for another injury that was pneumoconiosis (a previous injury).

(2)The compensation to which the worker would otherwise be entitled under subdivision 1 or 2 for the current injury must be reduced by an amount equal to the total of all amounts previously paid to the worker under subdivision 1 or 2 for the previous injury.

s 128M ins 2017 No. 27 s 20

129Self-inflicted injuries

Compensation is not payable for an injury sustained by a worker if the injury is intentionally self-inflicted.

130Injuries caused by misconduct

(1)Compensation is payable for an injury sustained by a worker that is caused by the worker’s serious and wilful misconduct only if—

(a)the injury results in death; or

(b)the insurer considers that the injury could result in a DPI of 50% or more.

Note—

See, however, section 232H in relation to compensation payable under chapter 4A.

(2)However, compensation is not payable if the injury could result in a DPI of 50% or more arising from—

(a)a psychiatric or psychological injury; or

(b)combining a psychiatric or psychological injury and another injury.

(3)If the insurer and the worker can not agree that the worker’s injury could result in a DPI of 50% or more—

(a)the degree of permanent impairment that could be sustained by the worker may be decided only by a medical assessment tribunal; and

(b)the insurer must refer the question of the degree of permanent impairment to a tribunal for decision.

s 130 amd 2013 No. 52 s 8 (retro); 2016 No. 44 s 16

131Time for applying

(1)An application for compensation for an injury is valid and enforceable only if the application is lodged by the claimant within 6 months after the entitlement to compensation for the injury arises.

(2)If an application is lodged more than 20 business days after the entitlement to compensation arises, the extent of the insurer’s liability to pay compensation is limited to a period starting no earlier than 20 business days before the day on which the valid application is lodged.

(3)Subsection (2) does not apply if death is, or results from, the injury.

(4)An insurer must waive subsection (1) for a particular application if it is satisfied that special circumstances of a medical nature, decided by a medical assessment tribunal, exist.

(5)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).

(6)An insurer may waive subsection (1) or (2) for a particular application if the insurer is satisfied that a claimant’s failure to lodge the application was due to—

(a)mistake; or

(b)the claimant’s absence from the State; or

(c)a reasonable cause.

s 131 amd 2004 No. 45 s 3 sch; 2019 No. 33 s 46

132Applying for compensation

(1)An application for compensation must be made in the approved form by the claimant.

(2)The application must be lodged with the insurer.

(3)The application must be accompanied by—

(a)a certificate in the approved form given by—

(i)a doctor who attended the claimant; or

(ii)if the application relates to a minor injury—a nurse practitioner who attended the claimant and who is acting in accordance with the workers’ compensation certificate protocol; and

(b)any other evidence or particulars prescribed under a regulation.

(4)A registered dentist may issue the certificate mentioned in subsection (3)(a) for an oral injury.

(5)If the claimant can not complete an application because of a physical or mental incapacity, someone else may complete it on the claimant’s behalf.

(6)An application for compensation is valid and enforceable if it complies with this section.

s 132 amd 2009 No. 44 s 185; 2010 No. 24 s 3 sch; 2019 No. 33 s 47

132AApplying for assessment of DPI if no application made for compensation

(1)This section applies to a worker who has not made an application under section 132.

(1A)However, this section does not apply to a worker who is, or may be, entitled to compensation under chapter 4A.

(2)The worker may apply to the insurer to have the worker’s injury assessed under section 179 to decide if the worker’s injury has resulted in a DPI.

(3)An application under subsection (2) must be—

(a)lodged with the insurer; and

(b)in the approved form; and

(c)accompanied by—

(i)a certificate in the approved form given by a doctor who attended the worker; and

(ii)any other evidence or particulars prescribed under a regulation.

(4)A registered dentist may issue the certificate mentioned in subsection (3)(c)(i) for an oral injury.

(5)If the worker can not complete an application because of a physical or mental incapacity, someone else may complete it on the worker’s behalf.

(6)The insurer must, within 40 business days after an application under subsection (2) is made, decide to allow or reject the application.

(7)The insurer may reject the application only if satisfied the worker—

(a)was not a worker when the injury was sustained; or

(b)has not sustained an injury; or

(c)is, or may be, entitled to compensation under chapter 4A because—

(i)the worker has sustained a serious personal injury that meets the chapter 4A eligibility criteria; and

(ii)section 116 does not apply to the injury.

(8)The insurer must notify the worker of its decision on the application.

(9)If the insurer rejects the application, the insurer must also, when giving the worker notice of its decision, give the worker written reasons for the decision and the information prescribed by regulation.

(10)If the worker is aggrieved by the insurer’s decision on the application, the worker may have the decision reviewed under chapter 13.

(11)If the insurer does not decide the application within the time stated in subsection (6)—

(a)the insurer must, within 5 business days after the end of the time stated in subsection (6), notify the worker—

(i)of its reasons for not deciding the application; and

(ii)that the worker may have the insurer’s failure to decide the application reviewed under chapter 13; and

(b)the worker may have the insurer’s failure to decide the application reviewed under chapter 13.

(12)To remove any doubt, it is declared that a decision of the insurer to allow the application does not entitle the worker to compensation for the injury.

s 132A ins 2013 No. 52 s 9 (retro)

amd 2015 No. 13 s 4 (retro); 2016 No. 44 s 17; 2017 No. 27 s 41 sch 1

132BApplying for certificate of dependency

(1)This section applies to a person who—

(a)wishes to seek damages as a dependant of a deceased worker; and

(b)has not made an application under section 132.

(2)The person may apply to the insurer for the issue of a certificate stating the person is a dependant of the deceased worker for the purpose of section 237(1)(b)(ii).

(3)An application under subsection (2) must be—

(a)lodged with the insurer; and

(b)in the approved form; and

(c)accompanied by—

(i)a certificate in the approved form given by a doctor who attended the deceased worker; and

(ii)any other evidence or particulars prescribed by regulation.

(4)The insurer must, within 40 business days after the application is made, decide to allow or reject the application.

(5)The insurer may reject the application only if satisfied—

(a)the person is not a dependant of the deceased worker; or

(b)the deceased worker was not a worker when the injury was sustained; or

(c)the deceased worker did not sustain an injury; or

(d)the injury did not result in the worker’s death.

(6)The insurer must notify the person of its decision on the application.

(7)If the insurer rejects the application, the insurer must also, when giving the person notice of its decision, give the person written reasons for the decision and the information prescribed by regulation.

(8)If the person is aggrieved by the insurer’s decision on the application, the person may have the decision reviewed under chapter 13.

(9)If the insurer does not decide the application within the time stated in subsection (4)—

(a)the insurer must, within 5 business days after the end of the time stated in subsection (4), notify the person—

(i)of its reasons for not deciding the application; and

(ii)that the person may have the insurer’s failure to decide the application reviewed under chapter 13; and

(b)the person may have the insurer’s failure to decide the application reviewed under chapter 13.

(10)To remove any doubt, it is declared that a decision of the insurer to allow the application does not entitle the person to compensation for the injury.

s 132B ins 2015 No. 13 s 5 (retro)

133Employer’s duty to report injury

(1)An employer, other than an employer who is a self-insurer, whose worker sustains an injury for which compensation may be payable must complete a report in the approved form and send it to the nearest office of WorkCover.

(2)The employer must send the report 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 WorkCover’s written request for a report.

(3)If an employer fails to comply with subsection (1) within 8 business days after any of the circumstances mentioned in subsection (2), the employer commits an offence, unless the employer has a reasonable excuse.

Maximum penalty—50 penalty units.

s 133 amd 2004 No. 45 s 3 sch

133AEmployer’s duty to tell WorkCover if worker asks for, or employer makes, a payment

(1)An employer, other than a self-insurer, must give WorkCover written notice in the approved form if—

(a)a worker asks the employer for compensation for an injury sustained by the worker; or

(b)the employer pays the worker an amount, either in compensation or instead of compensation, that is payable by the employer or WorkCover under the Act for an injury sustained by the worker.

(2)If the employer fails to comply with subsection (1) within 8 business days after the request or payment is made, the employer commits an offence, unless the employer has a reasonable excuse.

Maximum penalty—50 penalty units.

s 133A ins 2004 No. 45 s 17

134Decision about application for compensation

(1)A claimant’s application for compensation must be allowed or rejected in the first instance by the insurer.

(2)The insurer must make a decision on the application within 20 business days after the application is made.

(3)The insurer must notify the claimant of its decision on the application.

(4)If the insurer rejects the application, the insurer must also, when giving the claimant notice of its decision, give the claimant written reasons for the decision and the information prescribed under a regulation.

(5)Subsection (6) applies if the insurer does not make a decision on the application within the time stated in subsection (2).

(6)The insurer must, within 5 business days after the end of the time stated in subsection (2), notify the claimant of its reasons for not making the decision and that the claimant may have the claimant’s application reviewed under chapter 13.

s 134 amd 2004 No. 45 s 18; 2007 No. 52 s 7

135Examination by registered person

(1)An insurer may at any time require a claimant or a worker to submit to a personal examination by a registered person at a place reasonably convenient for the claimant or worker.

(2)Subsection (3) applies if the claimant or worker—

(a)fails, without reasonable excuse, to attend for the examination at the time and place advised by the insurer; or

(b)having attended, refuses to be examined by the registered person; or

(c)obstructs, or attempts to obstruct, the examination.

(3)Any entitlement the claimant or worker may have to compensation is suspended until the claimant or worker undergoes the examination.

136Worker must notify return to work or engagement in a calling

(1)A worker receiving compensation for an injury must give notice within 10 business days of the worker’s—

(a)return to work; or

(b)engagement in a calling.

Maximum penalty—50 penalty units.

(2)The notice must be given to the insurer.

(3)The notice may be a certificate in the approved form of a doctor stating the worker’s capacity for work.

s 136 amd 2004 No. 45 s 3 sch; 2008 No. 67 s 311

137Suspension of compensation during term of imprisonment

An insurer may suspend compensation payable to a worker if the worker is serving a term of imprisonment.

138Compensation not payable during suspension

If an entitlement to compensation is suspended under this chapter or chapter 4, 11 or 13, no compensation is payable for the period of suspension.

Note—

See also section 232ZH in relation to suspension of compensation under chapter 4A.

s 138 amd 2016 No. 44 s 18

139Application of pt 6

This part applies to 1 injury or multiple injuries sustained by a worker in any 1 event.

140Maximum entitlement

(1)The maximum amount of compensation payable for 1 injury or multiple injuries sustained in 1 event, other than for a latent onset injury that is a terminal condition, is—

(a)for compensation payable as weekly payments under part 9—$200,000; and

(b)for the total of all lump sum compensation payable under part 3, division 5 and section 180—$200,000.

Note—

For the entitlement to compensation of a worker who has sustained a latent onset injury that is a terminal condition, see chapter 3, part 3, division 4.

(2)A worker to whom the maximum amount of compensation is paid is not entitled to further compensation for the injury or multiple injuries arising from the event for any period after the payment is made.

(3)However, subsections (1) and (2) do not limit the power to make additional payment of compensation under part 10, division 4.

(4)In subsection (1)—

compensation does not include compensation provided for under part 8 or chapter 4A.

s 140 amd 2004 No. 45 s 19; 2005 No. 50 s 17; 2007 No. 36 s 2 sch; 2010 No. 24 s 3 sch; 2013 No. 52 s 56 sch 1 (retro); 2016 No. 44 s 19; 2017 No. 27 s 21

141Time from which compensation payable

(1)The entitlement to compensation for an injury arises on the day the worker’s injury is assessed by—

(a)a doctor; or

(b)if the injury is a minor injury—a nurse practitioner acting in accordance with the workers’ compensation certificate protocol; or

(c)if the injury is an oral injury and the worker attends a dentist—the dentist.

(2)However, any entitlement to weekly payment of compensation for an injury starts on—

(a)if a doctor, nurse practitioner or dentist assesses the injury as resulting in total or partial incapacity for work on the day the worker stops work because of the injury—the day after the worker stops work because of the injury; or

(b)if a doctor, nurse practitioner or dentist assesses the injury as resulting in total or partial incapacity for work on a day later than the day the worker stops work because of the injury—the day the doctor, nurse practitioner or dentist assesses the injury.

(3)Also, any entitlement to payments under chapter 4A starts when the period mentioned in section 232L(3) or 232ZD(8) starts for the worker.

(4)Subsections (1) to (3) are not intended to limit any entitlement to compensation for the day of injury provided for under part 8.

(5)Subsection (2) is subject to section 131(2).

s 141 amd 2009 No. 44 s 186; 2016 No. 44 s 20; 2019 No. 33 s 51

142Application of pt 8

This part applies only if a worker stops work because of an injury and under the industrial instrument or contract of employment applying to the worker—

(a)the worker is not entitled to be paid for the whole of the day on which the worker stops work; or

(b)no amount is specified as being payable to the worker for the whole of the day on which the worker stops work; or

(c)the amount specified as being payable to the worker for the whole of the day on which the worker stops work is less than the amount payable as compensation under this part.

s 142 sub 2006 No. 22 s 20

143Definition for pt 8

In this part—

compensation under this part means an amount equal to the amount the worker would have received from the worker’s employment for the day on which the worker stops work because of an injury if the worker were at work and the injury had not been sustained.

144When employer must pay worker for day of injury

(1)For the day the worker stops work because of the injury, the worker is entitled to compensation under this part for the injury.

(1A)Subsection (1) applies despite anything in an industrial instrument or contract of employment applying to the worker.

(2)Despite section 109, the employer must pay the compensation.

(3)The amount of compensation under this part that is payable is in addition to any other compensation payable to the worker under this Act.

(4)The day for which compensation under this part is payable is not to be included in the excess period under section 66.

s 144 amd 2006 No. 22 s 21

ch 3 pt 8A hdg ins 2004 No. 45 s 20

144AWhen weekly payments of compensation stop

(1)The entitlement of a worker to weekly payments of compensation under part 9 stops when the first of the following happens—

(a)the incapacity because of the work related injury stops;

(b)the worker has received weekly payments for the incapacity for 5 years;

(c)compensation under this part reaches the maximum amount under part 6.

(2)If subsection (1)(b) or (c) applies, the worker’s entitlement to further compensation for the injury stops.

(3)Subsection (2) does not apply to the worker’s entitlement to compensation under chapter 4A.

(4)This section does not limit another provision of this Act that stops weekly payments.

s 144A (prev s 177) amd 2004 No. 45 s 27 (1)–(2)

renum and reloc 2004 No. 45 s 27 (3)

amd 2016 No. 44 s 21

144BWhen payment of medical treatment, hospitalisation and expenses stops

(1)The entitlement of a worker to the payment of medical treatment, hospitalisation and expenses under chapter 4 for an injury stops when—

(a)the entitlement of the worker to weekly payments of compensation under part 9 stops; and

(b)medical treatment by a registered person is no longer required for the management of the injury because the injury is not likely to improve with further medical treatment or hospitalisation.

(2)Subsection (1) does not apply in relation to section 220 or part 5A.

s 144B ins 2004 No. 45 s 20

amd 2019 No. 33 s 52

145Application and object of pt 9

(1)This part applies if a worker is totally or partially incapacitated because of injury for which compensation is payable.

(2)The object of this part is to provide for weekly payments to the worker during the period of incapacity.

146Advances on account

(1)If an insurer is satisfied that an application for compensation under this part is well founded, it may from time to time advance to the worker amounts on account of weekly payment of compensation as it considers appropriate in the circumstances.

(2)The insurer may exercise the power under subsection (1) at any time before the entitlement to compensation is—

(a)ascertained; or

(b)reviewed under chapter 13.

147Worker can not receive more than if injury had not been sustained

(1)A worker must not receive an amount under this part that is more than the worker would have received from the worker’s employment if the worker were at work and the injury had not been sustained.

(2)Subsection (1) has effect despite any other provision of this part.

148Regard to other benefits for workers

Despite divisions 4 and 5, in assessing the amount of weekly payment of compensation, the insurer—

(a)may have regard to the amount of an entitlement had by the worker independently of this Act by way of—

(i)payment or other benefit that is being, has been, or will be received by the worker; and

(ii)payment that is being, has been, or will be made on account of the worker; and

(b)may reduce the weekly payment of compensation by the equivalent weekly amount of the payment or other benefit mentioned in paragraph (a) for the relevant period of compensation.

149Entitlement to weekly payments

Compensation payable to a totally incapacitated worker or person to whom subdivision 3 or 4 applies is a weekly payment under this division.

150Total incapacity—workers whose employment is governed by an industrial instrument

(1)The compensation payable to a totally incapacitated worker whose employment is governed by an industrial instrument is, for each week—

(a)for the first 26 weeks of the incapacity, the greater of the following—

(i)85% of the worker’s NWE;

(ii)the amount payable under the worker’s industrial instrument; and

(b)from the end of the first 26 weeks of the incapacity until the end of the first 2 years of the incapacity, the greater of the following—

(i)75% of the worker’s NWE;

(ii)70% of QOTE; and

(c)from the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity—

(i)if a worker demonstrates to the insurer that the injury could result in a DPI of more than 15%—the greater of the following—

(A)75% of the worker’s NWE;

(B)70% of QOTE; or

(ii)otherwise—an amount equal to the single pension rate.

(2)However, the amount paid under subsection (1)(b) or (c) must not be more than the amount to which the worker would be entitled under subsection (1)(a).

s 150 amd 2004 No. 45 s 21; 2005 No. 50 s 18; 2007 No. 52 s 8; 2013 No. 52 s 56 sch 1 (retro)

151Total incapacity—workers whose employment is not governed by industrial instrument

(1)The compensation payable to a totally incapacitated worker whose employment is not governed by an industrial instrument is, for each week—

(a)for the first 26 weeks of the incapacity, the greater of the following—

(i)85% of the worker’s NWE;

(ii)80% of QOTE; and

(b)from the end of the first 26 weeks of the incapacity until the end of the first 2 years of the incapacity, the greater of the following—

(i)75% of the worker’s NWE;

(ii)70% of QOTE; and

(c)from the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity—

(i)if a worker demonstrates to the insurer that the injury could result in a DPI of more than 15%—the greater of the following—

(A)75% of the worker’s NWE;

(B)70% of QOTE; or

(ii)otherwise—an amount equal to the single pension rate.

(2)However, the amount must not be more than the worker’s NWE.

s 151 amd 2004 No. 45 s 22; 2005 No. 50 s 19; 2007 No. 52 s 9; 2013 No. 52 s 56 sch 1 (retro)

152Total incapacity—certain contract workers

(1)The compensation payable to a totally incapacitated contract worker is, for each week—

(a)for the first 26 weeks of the incapacity, the greater of the following—

(i)85% of the worker’s NWE;

(ii)the amount payable under the worker’s contract of service; and

(b)from the end of the first 26 weeks of the incapacity until the end of the first 2 years of the incapacity, the greater of the following—

(i)75% of the worker’s NWE;

(ii)70% of QOTE; and

(c)from the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity—

(i)if a worker demonstrates to the insurer that the injury could result in a DPI of more than 15%—the greater of the following—

(A)75% of the worker’s NWE;

(B)70% of QOTE; or

(ii)otherwise—an amount equal to the single pension rate.

(2)However, the amount paid under subsection (1)(b) or (c) must not be more than the amount to which the worker would be entitled under subsection (1)(a).

(3)In this section—

contract worker means a worker employed under a contract of service—

(a)as a public service officer; or

(b)as an officer of a government entity; or

(c)by a university; or

(d)as a salaried employee in the electricity industry; or

(e)as a health service employee under the Hospital and Health Boards Act 2011.

s 152 amd 2004 No. 45 s 23; 2005 No. 50 s 20; 2007 No. 52 s 10; 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47); 2013 No. 52 s 56 sch 1 (retro)

153Total incapacity—casual or part-time workers

(1)The compensation payable to a totally incapacitated worker engaged in casual or part-time employment is a payment under section 150, 151 or 152.

(2)However, the payment must not be more than the worker’s NWE.

154Total incapacity—workers receiving certain benefits under Commonwealth law

(1)This section applies if a totally incapacitated worker was receiving an age, disability support or class B widow pension under a Commonwealth law when the injury was sustained.

(2)The compensation payable to the worker is the lesser of the following amounts—

(a)the amount the worker was earning at the time of the injury;

(b)the amount the worker is entitled to earn before the maximum pension payable to the worker is reduced.

155Total incapacity—workers with more than 1 employer

(1)This section applies if—

(a)a totally incapacitated worker is employed by more than 1 employer when the injury is sustained; and

(b)the worker’s employment with 1 employer is other than as a casual employee.

(2)The insurer may decide that the worker’s entitlement to compensation is to be calculated under the industrial instrument that increases the worker’s entitlement to compensation.

(3)If the insurer makes a decision under subsection (2), the entitlement to compensation is calculated under the industrial instrument decided by the insurer.

156Application of sdiv 3

This subdivision applies to a person entitled to compensation, other than a worker, a student or an eligible person.

157Total incapacity

(1)The compensation payable to a totally incapacitated person is a payment under this section.

(2)The payment for a person who is not in employment or self-employed is the amount (if any) that WorkCover considers is reasonable.

(3)However, the payment under subsection (2) must not be more than 70% of QOTE.

(4)The payment for a person who is employed, but not self-employed, is a payment under section 150, 151, 152, 153, 154 or 155.

(5)The payment for a person who is self-employed is, for each week—

(a)for the first 26 weeks of the incapacity—

(i)if subparagraph (ii) does not apply—80% of QOTE; or

(ii)if the person replaces the person’s labour—the payment under subsection (6); and

(b)from the end of the first 26 weeks of the incapacity until the end of the first 2 years of the incapacity, the greater of the following—

(i)70% of QOTE;

(ii)the reasonable cost of labour paid to replace the person; and

(c)from the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity—

(i)if a person demonstrates to WorkCover that the injury could result in a DPI of more than 15%—the greater of the following—

(A)75% of the person’s NWE;

(B)70% of QOTE; or

(ii)otherwise—an amount equal to the single pension rate.

(6)For subsection (5)(a)(ii), the amount is—

(a)if paragraph (b) does not apply—85% of the reasonable cost of labour paid to replace the person; or

(b)if the reasonable cost of labour paid to replace the person is less than 80% of QOTE—the reasonable cost of labour paid to replace the person.

s 157 amd 2004 No. 45 s 24; 2005 No. 50 s 21; 2007 No. 52 s 11; 2013 No. 52 s 56 sch 1 (retro)

158Application of sdiv 4

This subdivision applies to an eligible person.

159Total incapacity

(1)The compensation payable to a totally incapacitated person is, for each week—

(a)for the first 26 weeks of the incapacity—

(i)the lesser of the following—

(A)85% of the amount stated in the person’s contract of insurance;

(B)the person’s actual earnings when the injury was sustained; or

(ii)if the person replaces the person’s labour—the payment under subsection (2); and

(b)from the end of the first 26 weeks of the incapacity until the end of the first 2 years of the incapacity—

(i)the greater of the following—

(A)75% of the amount stated in the person’s contract of insurance;

(B)70% of QOTE; or

(ii)if the person replaces the person’s labour—the payment under subsection (2); and

(c)from the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity—

(i)if the person demonstrates to WorkCover that the injury could result in a DPI of more than 15%—the greater of the following—

(A)75% of the amount stated in the person’s contract of insurance;

(B)70% of QOTE; or

(ii)otherwise—an amount equal to the single pension rate.

(2)For subsection (1)(a)(ii) and (b)(ii), the amount is—

(a)if paragraph (b) does not apply—85% of the reasonable cost of labour paid to replace the person; or

(b)if the reasonable cost of labour paid to replace the person is less than 85% of the amount stated in the person’s contract of insurance—the reasonable cost of labour paid to replace the person.

(3)However, the amount paid under subsection (1)(b) or (c) must not be more than the amount to which the person would be entitled under subsection (1)(a).

s 159 amd 2004 No. 45 s 25; 2005 No. 50 ss 22, 3 sch; 2007 No. 52 s 12; 2013 No. 52 s 56 sch 1 (retro)

160Total incapacity—reference about impairment to medical assessment tribunal

(1)This section applies if—

(a)for section 150(1)(c)(i), 151(1)(c)(i), 152(1)(c)(i), 157(5)(c)(i) or 159(1)(c)(i), an insurer and a worker or a person can not agree that the injury could result in a DPI of more than 15%; or

(b)for section 150(1)(c)(ii), 151(1)(c)(ii), 152(1)(c)(ii), 157(5)(c)(ii) or 159(1)(c)(ii), an insurer and a worker or a person can not agree that the injury could result in a DPI of 15% or less.

(2)The degree of permanent impairment that could result from the injury may be decided only by a medical assessment tribunal.

(3)The insurer must refer the question of the degree of permanent impairment to a tribunal for decision.

(4)In deciding the degree of permanent impairment that could result from the injury, a psychiatric or psychological injury must not be combined with another injury.

s 160 amd 2004 No. 45 s 26; 2007 No. 52 s 13; 2013 No. 52 s 10 (retro)

161Application of sdiv 1

This subdivision applies to a person entitled to compensation, other than an eligible person.

162Definitions for sdiv 1

In this subdivision—

LE means the worker’s or person’s loss of earnings, expressed as a weekly rate, because of the injury.

loss of earnings means the difference between—

(a)the amount of the worker’s or person’s normal weekly earnings at the time of injury; and

(b)the amount—

(i)of the worker’s or person’s weekly earnings from employment during the period of partial incapacity; or

(ii)if the worker or person is not in employment during the period of partial incapacity—that could be reasonably expected to be derived by the worker or person during the period, having regard to the worker’s or person’s incapacity and the availability of employment.

MC means the maximum compensation expressed as a weekly rate, that would have been payable under this part had total incapacity of the worker or person resulted from the injury.

NWE see section 106.

PC means the compensation expressed as a weekly rate, payable for the injury on account of the partial incapacity.

163Partial incapacity

(1)Compensation payable to a partially incapacitated worker or person is a weekly payment under this section.

(2)The weekly payment is an amount calculated under the following formula—

(3)However, the amount must not be more than MC.

164Application of sdiv 2

This subdivision applies to an eligible person.

165Definitions for sdiv 2

In this subdivision—

AP means the amount payable under section 159(1)(a).

LE means the person’s loss of earnings, expressed as a weekly rate, because of the injury.

loss of earnings means the difference between—

(a)the amount payable under section 159(1)(a); and

(b)the amount of the person’s weekly earnings from employment during the period of partial incapacity.

MC means the maximum compensation expressed as a weekly rate, that would have been payable under this part had total incapacity of the person resulted from the injury.

PC means the compensation expressed as a weekly rate, payable for the injury on account of the partial incapacity.

166Partial incapacity

(1)Compensation payable to a partially incapacitated person is a weekly payment under this section.

(2)The weekly payment is an amount calculated under the following formula—

(3)However, the amount must not be more than MC.

167Insurer may require information from partially incapacitated worker or person

(1)An insurer may, by written notice given to a partially incapacitated worker or person, require the worker or person to give the insurer information about, and particulars of, the worker’s or person’s employment and earnings during a period of partial incapacity.

(2)If a worker or person fails to give the insurer the required information or particulars within 10 business days after receiving the notice, the insurer may suspend the worker’s or person’s entitlement to weekly payments of compensation until the worker or person fully complies with the request.

s 167 amd 2004 No. 45 s 3 sch

168Review 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.

Note—

See also chapter 4A, part 4 for reviews of entitlement to compensation under that chapter.

s 168 amd 2016 No. 44 s 22

sub 2019 No. 33 s 53

169Review of weekly payments—worker under 18

(1)This section applies if a worker receiving weekly payments of compensation—

(a)was under 18 years when the injury was sustained; and

(b)a review takes place more than 12 months after the injury was sustained.

(2)The worker’s entitlement to weekly compensation may be increased from the date of the review.

(3)The worker’s future entitlement to weekly payment of compensation must be calculated having regard to the industrial instrument applying to the worker as if the worker were at work and the injury had not been sustained.

(4)This section does not limit another provision of this chapter that provides for a review of the worker’s entitlement.

s 169 amd 2010 No. 24 s 3 sch

170Recovery of compensation overpaid

(1)This section applies if, for an application for compensation, payment has been made to a worker or another person of an amount that is more than the amount to which the worker or person is entitled.

(2)The insurer may—

(a)recover from the worker or person the difference between the payment and the entitlement; or

(b)from time to time deduct from weekly payments of compensation that become payable to the worker, whether for that application or a subsequent application for compensation, the difference between the payment and the entitlement, or any part of the difference.

(3)If the overpayment has been made because of incorrect information given by a worker’s employer, WorkCover may recover the overpaid amount from the employer.

171Redemption—worker receiving weekly payments for at least 2 years

(1)This section applies if—

(a)a worker has been receiving weekly payments of compensation for at least 2 years; and

(b)the insurer receives a report from a doctor that the worker’s injury is not stable and stationary for the purposes of assessing permanent impairment.

(2)The insurer’s liability to make weekly payments of compensation may be discharged by a redemption payment to the worker in an amount agreed between the insurer and the worker.

172Redemption—worker moves interstate

(1)This section applies if—

(a)a worker receiving weekly payments of compensation moves interstate permanently; and

(b)the insurer receives a report from a doctor that the worker’s injury is not stable and stationary for the purposes of assessing permanent impairment.

(2)The insurer’s liability to make weekly payments of compensation may be discharged by a redemption payment to the worker in an amount agreed between the insurer and the worker.

173Redemption—worker moves abroad

(1)This section applies if a worker receiving weekly payments of compensation stops ordinarily residing in Australia.

(2)The worker stops being entitled to compensation.

(3)However, if the worker satisfies the insurer that the worker’s incapacity resulting from the injury for which the compensation is payable is permanent, the worker is entitled to a redemption payment in an amount agreed between the insurer and the worker.

(4)Subsection (2) does not apply to compensation under chapter 4A.

Note—

See section 232L(4)(b) and chapter 4A, part 6 for what happens in relation to a worker’s compensation under chapter 4A if the worker is absent from Australia.

s 173 amd 2016 No. 44 s 23

174Calculation of redemption payment

(1)The amount of a redemption payment that the insurer may pay to a worker is an amount that is not more than the amount calculated under the following formula—

(156 x Q) – TWP

(2)In subsection (1)—

Q is 70% of QOTE.

TWP means the total weekly payments already paid to the worker.

s 174 amd 2007 No. 52 s 14

175Review of redemption payment

(1)If a worker asks, a redemption payment may be reviewed by the insurer within 12 months after the payment is made.

(2)On a review, the insurer may decrease or, subject to section 174, increase the payment.

176No compensation after redemption payment made

(1)A worker to whom a redemption payment is made is not entitled to further compensation for the event after the amount of the payment is agreed or decided.

(2)Subsection (1) does not apply to compensation under chapter 4A.

s 176 amd 2016 No. 44 s 24

178Entitlement to assessment of permanent impairment and lump sum compensation

(1)Under this part, an insurer or a worker is entitled to ask for an assessment to decide if a worker has sustained a DPI from injury.

(2)If the worker is assessed under this part as having sustained a DPI, the worker is entitled to a payment, or an offer of payment, of lump sum compensation for the permanent impairment.

(3)In particular circumstances, the worker may be entitled to a payment of additional lump sum compensation.

s 178 amd 2013 No. 52 s 56 sch 1 (retro)

ch 3 pt 10 div 1A hdg ins 2007 No. 52 s 15

178AAdvances on account

(1)This section applies if an insurer is satisfied that the worker—

(a)has an entitlement to lump sum compensation for an injury; and

(b)is experiencing financial hardship.

(2)The insurer may from time to time advance to the worker amounts on account of lump sum compensation as it considers appropriate in the circumstances.

(3)Acceptance of the amount on account of lump sum compensation by the worker does not constitute an election by the worker not to seek damages for the injury.

Note—

See also section 128L.

s 178A ins 2007 No. 52 s 15

amd 2017 No. 27 s 41 sch 1

ch 3 pt 10 div 2 hdg amd 2013 No. 52 s 11 (retro)

179Assessment of permanent impairment

(1)An insurer may decide, or a worker who has made an application under section 132 may ask the insurer, to have the worker’s injury assessed to decide if the worker’s injury has resulted in a degree of permanent impairment.

Note—

See also section 193C for when an insurer may decide, or the worker may ask the insurer, to have the worker’s injury further assessed under this section.

(2)The insurer must have the degree of permanent impairment assessed—

(a)for industrial deafness—by an audiologist; or

(b)for a psychiatric or psychological injury—by a medical assessment tribunal; or

(c)for another injury—by a doctor.

(3)The degree of permanent impairment must be assessed in accordance with the GEPI to decide the DPI for the injury, and a report complying with the GEPI must be given to the insurer.

(4)If the worker sustains permanent impairment from multiple injuries sustained in 1 event—

(a)the degree of permanent impairment for the injuries, other than a psychiatric or psychological injury, must be assessed together to decide the DPI for the injuries; and

(b)the degree of permanent impairment for the psychiatric or psychological injury must be assessed separately to decide the DPI for the injury.

s 179 amd 2013 No. 52 s 12 (retro); 2017 No. 27 s 22

180Calculation of lump sum compensation

(1)If, as a result of an assessment under section 179, a worker is entitled to lump sum compensation, the amount of the lump sum compensation must be calculated under a regulation having regard to the DPI.

(2)Without limiting subsection (1), lump sum compensation for injury must not include an amount for a degree of impairment attributable to—

(a)a condition existing before the injury; or

(b)a condition for which the worker is not entitled to compensation.

(3)The amount of lump sum compensation is to be calculated as at the day the insurer makes an offer of lump sum compensation to the worker under section 187.

s 180 amd 2013 No. 52 s 13 (retro)

181Regard to previous entitlement to lump sum compensation for injury other than industrial deafness

(1)This section applies if—

(a)a worker has previously had an entitlement to lump sum compensation for injury (other than industrial deafness) to a part of the worker’s body; and

(b)the worker sustains a further injury to the same part of the body (the later injury).

(2)Lump sum compensation under section 180 for the later injury must be reduced by the worker’s previous entitlement.

Example—

A worker loses the distal joint of the right index finger in a work related event and has an entitlement to lump sum compensation for the permanent impairment. The worker loses the remaining part of the right index finger in a subsequent work related event. The entitlement for the second permanent impairment must be reduced by the entitlement from the first permanent impairment.

182Regard to previous assessment for industrial deafness

(1)This section applies if—

(a)a worker has previously had an entitlement to lump sum compensation for industrial deafness; and

(b)the worker sustains further industrial deafness.

(2)In deciding the lump sum compensation under section 180 for the further industrial deafness, the assessed percentage loss of hearing must be reduced by the previously assessed percentage loss of hearing.

183Guidelines for assessing a worker’s degree of permanent impairment and deciding DPI

(1)The Regulator must make guidelines for assessing a worker’s degree of permanent impairment for an injury to decide the DPI for the injury.

(2)The guidelines are to be called the Guidelines for Evaluation of Permanent Impairment.

(3)The Regulator must publish the guidelines in the gazette.

(4)The guidelines take effect—

(a)when published in the gazette; or

(b)if a later date is specified in the gazette—on the later date.

(5)The Regulator must consult with the Minister before making or amending the guidelines.

s 183 amd 2013 No. 52 ss 14 (retro), 114 sch 2

184Application of div 3

This division applies if an assessment of permanent impairment of a worker’s injury has been made under section 179.

185Insurer to give notice of assessment of permanent impairment

(1)The insurer must, within 10 business days after receiving the assessment of the worker’s permanent impairment, give the worker a notice of assessment in the approved form.

(2)To remove any doubt, it is declared that if a worker sustains multiple injuries in an event, the insurer must give the notice only after the worker’s DPI for all injuries has been decided.

(3)The notice must state—

(a)whether the worker has sustained permanent impairment from the injury; and

(b)if the worker has sustained permanent impairment—

(i)the DPI for the injury; and

(ii)the amount of lump sum compensation under section 180 to which the worker is entitled for the injury; and

(c)if the worker is entitled to additional lump sum compensation under division 4—the worker’s entitlement.

s 185 amd 2004 No. 45 s 3 sch; 2010 No. 24 s 7; 2013 No. 52 s 15 (retro); 2015 No. 13 s 32; 2017 No. 27 s 41 sch 1

186Worker’s disagreement with assessment of permanent impairment

(1)This section applies if—

(a)the worker’s degree of permanent impairment has not been assessed by a medical assessment tribunal; and

(b)the worker does not agree with the degree of permanent impairment stated in the notice of assessment (the original notice).

(2)The worker must advise the insurer within 20 business days after the original notice is given (the decision period) that the worker—

(a)does not agree with the degree of permanent impairment; and

(b)requests—

(i)that the insurer has the worker’s injury assessed again under section 179 by an entity mentioned in section 179(2) and agreed to by the worker and the insurer, (other than the entity that gave the report to the insurer under section 179(3)); or

(ii)that the insurer refer the question of degree of permanent impairment to a tribunal for decision.

(3)If the worker makes a request mentioned in subsection (2)(b)(i), the insurer must decide, within 10 business days after receiving the request, whether to have the worker’s injury assessed again under section 179 to decide if the worker’s injury has resulted in a degree of permanent impairment.

(4)If, under subsection (3), the insurer decides to have the worker’s injury assessed again under section 179, the original notice is taken to have never been given.

(5)If the insurer has the worker’s injury assessed again under section 179, the worker can not make a further request mentioned in subsection (2)(b)(i).

(6)If—

(a)under subsection (3), the insurer decides not to have the worker’s injury assessed again under section 179; or

(b)the worker makes a request mentioned in subsection (2)(b)(ii);

the insurer must refer the question of degree of permanent impairment to a medical assessment tribunal for decision.

(7)The degree of permanent impairment may then be decided only by a medical assessment tribunal.

s 186 amd 2004 No. 45 s 3 sch; 2013 No. 52 s 56 sch 1 (retro)

sub 2013 No. 52 s 68A

amd 2015 No. 13 s 25

187Offer of lump sum compensation

If the worker has an entitlement to lump sum compensation under section 180, the insurer must include, in the notice of assessment, an offer of lump sum compensation to the worker (the offer).

188Worker’s decision about lump sum compensation—DPI 20% or more

(1)This section applies if—

(a)the worker has—

(i)a psychiatric or psychological injury from an event that results in a DPI of the worker of 20% or more; or

(ii)another injury from an event that results in a DPI of the worker of 20% or more; and

(b)the worker has an entitlement to lump sum compensation.

(2)The worker may accept or defer a decision about the offer by giving the insurer written notice within the decision period.

(3)The worker is taken to have deferred the decision if, within the decision period, the worker does not advise the insurer that—

(a)the offer is accepted; or

(b)the worker wants to defer the decision.

(4)If the worker accepts the offer, the insurer must pay the worker the amount of lump sum compensation.

s 188 amd 2013 No. 52 s 56 sch 1 (retro)

189Worker’s decision about lump sum compensation—DPI less than 20% or no DPI

(1)This section applies if—

(a)the worker—

(i)has—

(A)a psychiatric or psychological injury from an event that results in a DPI of the worker of less than 20%; or

(B)another injury from an event that results in a DPI of the worker of less than 20%; and

(ii)has an entitlement to lump sum compensation; or

(b)the worker has an injury that does not result in any DPI of the worker.

(2)The insurer must also, when giving the notice of assessment—

(a)give the worker a copy of sections 10, 237(3), 239, 240 and 316; and

(b)advise the worker that the worker must make an irrevocable election as to whether the worker—

(i)accepts the offer of payment of lump sum compensation; or

(ii)seeks damages for the injury; and

(c)without limiting paragraphs (a) and (b), if the injury is pneumoconiosis—

(i)give the worker a copy of part 3, division 5 and division 5 of this part; and

(ii)advise the worker that, if the worker seeks damages for the injury, the worker may, despite section 239, be entitled to further lump sum compensation under those provisions for the injury.

(3)The worker may accept, reject or defer a decision about the offer by giving the insurer written notice within the decision period.

(4)The worker is taken to have deferred the decision if, within the decision period, the worker does not advise the insurer that the offer is accepted or rejected.

(5)If the worker accepts the offer, the insurer must pay the worker the amount of lump sum compensation.

(6)If the worker fails to give the insurer notice of the worker’s election before the worker seeks damages for the injury, the worker is taken to have rejected lump sum compensation for the injury.

(7)For subsection (6), the worker is taken to seek damages for the injury when the worker lodges a notice of claim under chapter 5.

s 189 amd 2010 No. 24 s 3 sch; 2013 No. 52 s 16 (retro); 2017 No. 27 s 23

190No further compensation after fixed time

(1)This section applies to a worker who has been given a notice of assessment.

(2)The worker is not entitled to further compensation for the injury after the first of the following happens—

(a)the worker notifies the insurer of the worker’s decision about the offer within the decision period;

(b)20 business days have passed since the worker received the offer.

(3)This section does not limit the worker’s entitlement to payment of—

(a)lump sum compensation, if any, under part 3, division 5; or

(b)lump sum compensation under section 188(4) or 189(5); or

(c)additional compensation, if any, under division 4; or

(d)compensation under chapter 4A.

s 190 amd 2004 No. 45 s 3 sch; 2016 No. 44 s 25; 2017 No. 27 s 24

191Application of div 4

This division applies only if a worker’s DPI has been decided.

s 191 amd 2013 No. 52 s 56 sch 1 (retro)

192Additional lump sum compensation for workers with DPI of 30% or more

(1)This section applies if a worker sustains an injury that results in a DPI of 30% or more.

(2)The worker is entitled to additional lump sum compensation of up to $218400 for the injury, payable according to a graduated scale prescribed under a regulation.

(3)However, the worker is not entitled to additional lump sum compensation if the DPI arises from—

(a)a psychiatric or psychological injury; or

(b)combining a psychiatric or psychological injury and another injury.

s 192 amd 2004 No. 45 s 28; 2005 No. 50 s 23; 2007 No. 52 s 16; 2013 No. 52 s 56 sch 1 (retro); 2015 No. 13 s 26

193Additional lump sum compensation for gratuitous care

(1)This section applies if a worker sustains an injury that results in—

(a)a DPI of 15% or more; and

(b)a moderate to total level of dependency on day to day care for the fundamental activities of daily living.

(2)The worker is entitled to additional lump sum compensation only if—

(a)day to day care for the fundamental activities of daily living is to be provided at the worker’s home on a voluntary basis by another person; and

(b)the worker resides at home on a permanent basis; and

(c)the level of care required was not provided to the worker before the worker sustained the impairment; and

(d)the worker physically demonstrates the level of dependency mentioned in subsection (1)(b).

(3)However, a worker is not entitled to additional lump sum compensation if the DPI arises from—

(a)a psychiatric or psychological injury; or

(b)combining a psychiatric or psychological injury and another injury.

(4)The insurer must ask that a registered occupational therapist assess the worker’s level of dependency resulting from the impairment in the way prescribed under a regulation.

(5)The occupational therapist must give the insurer an assessment report stating—

(a)the matters the therapist took into account, and the weight the therapist gave to the matters, in deciding the worker’s level of dependency; and

(b)any other information prescribed under a regulation.

(6)The insurer must decide the amount of the worker’s entitlement to additional compensation of up to $226,555, payable according to a graduated scale prescribed under a regulation, having regard to—

(a)the worker’s DPI; and

(b)the worker’s level of dependency; and

(c)any other information prescribed under a regulation.

(7)If the worker does not agree with the level of dependency assessed under subsection (4), the insurer must refer the matter of the worker’s level of dependency to the General Medical Assessment Tribunal for decision.

(8)In this section—

home, of a worker, means a private dwelling where the worker usually resides.

s 193 amd 2004 No. 45 s 29; 2005 No. 50 s 24; 2013 No. 52 s 56 sch 1 (retro)

193AAdditional lump sum compensation for particular workers

(1)This section applies to a worker who sustained an injury on or after 15 October 2013 and before 31 January 2015, if—

(a)the worker’s injury—

(i)results in a DPI of 5% or less; and

(ii)is not a terminal condition; and

(b)the worker has not accepted or rejected an offer of lump sum compensation from an insurer under section 189.

(2)The worker is entitled to additional lump sum compensation for the injury—

(a)up to an amount prescribed by regulation; and

(b)subject to the conditions prescribed by regulation.

(3)A regulation may provide for the establishment of a panel of appropriately qualified persons to review a decision of an insurer about whether a worker is entitled to additional lump sum compensation under this section.

s 193A ins 2015 No. 13 s 33

Note—

Under section 128B, if a worker sustains a latent onset injury that is a terminal condition, the worker is entitled to compensation for the injury only under part 3, division 4.

ch 3 pt 10 div 5 hdg ins 2017 No. 27 s 25

193B Application of division

(1)This division applies to a worker who has sustained an injury that is pneumoconiosis if—

(a)the worker has previously been given a notice of assessment in relation to the injury, whether or not the notice states that the worker has sustained permanent impairment from the injury; and

(b)at any time after the notice is given, the worker’s pneumoconiosis score for the injury increases and falls within a higher pneumoconiosis band; and

(c)if a settlement for damages has been agreed, or judgment for damages has been given, for the injury—the settlement or judgment does not include damages to compensate the worker for the future progression of the injury.

(2)For subsection (1)(c), if the settlement or judgment does not expressly state that it includes damages to compensate the worker for the future progression of the injury, the settlement or judgment is taken not to include damages for that purpose.

s 193B ins 2017 No. 27 s 25

193C Further assessment under s 179

The insurer may decide, or the worker may ask the insurer, to have the worker’s injury further assessed under section 179 to decide—

(a)if a previous notice of assessment in relation to the injury stated that the worker had sustained permanent impairment from the injury—whether the degree of permanent impairment resulting from the injury has increased; or

(b)otherwise—whether the injury has resulted in a degree of permanent impairment.

s 193C ins 2017 No. 27 s 25

193D Entitlement of worker to lump sum compensation under s 180 and div 4

(1)This section applies if the worker is assessed under section 179 as having sustained a DPI or an increased DPI from the injury (the current DPI).

(2)The worker is entitled to lump sum compensation for the injury under the following provisions, calculated on the basis of the worker’s current DPI—

(a)section 180;

(b)division 4.

(3)However, the amount of compensation payable under section 180 and division 4 must be reduced by the total of—

(a)the amount of any compensation previously paid under those provisions for the injury; and

(b)the amount of any compensation paid under a law of Queensland (other than this Act), another State or the Commonwealth for the injury; and

(c)if a settlement for damages has been agreed, or judgment for damages has been given, for the injury—an amount equal to the compensation to which the worker would have been entitled under section 180 and division 4, calculated on the basis of the DPI stated in the first notice of assessment given to the worker in relation to the injury.

(4)This section applies—

(a)despite sections 119, 176, 190 and 239; and

(b)whether or not the worker has previously received compensation, or further compensation, under section 180 or division 4 because of this section.

s 193D ins 2017 No. 27 s 25

194Application and object of pt 11

(1)This part applies if a worker dies because of an injury.

(2)However, this part does not apply if—

(a)a worker dies because of a latent onset injury that is a terminal condition; and

(b)the worker had received a payment of lump sum compensation or damages for the latent onset injury under this Act, another Act or a law of another State or the Commonwealth.

(3)The object of this part is to provide for payment by an insurer of—

(a)particular expenses arising from the worker’s injury and death; and

(b)compensation to persons having an entitlement to compensation under this part.

s 194 amd 2007 No. 52 s 17; 2008 No. 61 s 41 (retro)

195Definition for pt 11

In this part—

student means a person who is under 21 years and receiving full-time education at a school, college, university or similar institution.

s 195 def student amd 2010 No. 24 s 3 sch

196To whom payments made for death of worker

(1)Compensation for the death of a worker is payable—

(a)to the worker’s legal personal representative; or

(b)if there is no legal personal representative—

(i)so far as the payment is by way of expenses to which a person is entitled—to the person who has incurred the expenses; or

(ii)so far as the payment is by way of compensation to the worker’s dependants—to the dependants entitled to compensation.

(2)The worker’s legal personal representative must pay or apply the compensation to or for the benefit of the worker’s dependants or other persons entitled to compensation.

197Total and partial dependants

If compensation is payable for the death of a worker who is survived by persons totally dependent on the worker and persons partially dependent on the worker, the compensation may be apportioned between the total dependants and the partial dependants.

198Dependant’s compensation payable to public trustee

An insurer may pay an amount of compensation payable to the worker’s dependant to the public trustee for the dependant’s benefit.

199Medical and funeral expenses must be paid by insurer

An insurer must pay the reasonable expenses—

(a)of the medical treatment of, or attendance on, the worker; and

(b)the worker’s funeral.

200Total dependency

(1)This section applies if at least 1 of the worker’s dependants was, at the time of the worker’s death, totally dependent on the worker’s earnings.

(2)The amount of compensation payable for the worker’s dependants is—

(a)if the worker has left dependent members of the worker’s family, for the members—$374,625; and

(aa)if the worker has left a totally dependent spouse, for the spouse—$10,000; and

(ab)if the worker has left a totally dependent spouse and dependent members of the worker’s family who are under 6, for the spouse—a weekly amount equal to 8% of QOTE while a dependent member is under 6; and

(b)if the worker has left a totally dependent spouse and dependent members of the worker’s family who are under 16 or are students, for each member other than the spouse—$20,000; and

(c)if the worker has left dependent members of the worker’s family or a child of the worker’s spouse who was totally dependent on the worker’s earnings and who are under 16 or students, for each member or child—a weekly amount equal to 10% of QOTE while the member or child is under 16 or a student.

s 200 amd 2004 No. 45 s 30; 2005 No. 50 s 25; 2010 No. 24 s 3 sch

201Partial dependency

(1)This section applies if all of the worker’s dependants were, at the time of the worker’s death, partially dependent on the worker’s earnings.

(2)The amount of compensation payable for the worker’s dependants is—

(a)if the worker has left dependent members of the worker’s family, for the members—an amount the insurer considers is reasonable and proportionate to the monetary value of the loss of dependence by the dependants; and

(b)if the worker has left dependent members of the worker’s family or a child of the worker’s spouse who was partially dependent on the worker’s earnings and who are under 16 or students, for each member or child—a weekly amount equal to 7% of QOTE while the member or child is under 16 or a student.

(3)However, the amount payable under subsection (2)(a)—

(a)must not be less than 15% of the amount payable under section 200(2)(a); and

(b)must not be more than the amount payable under section 200(2)(a).

s 201 amd 2010 No. 24 s 3 sch

201AWorker with non-dependent spouse, issue or next of kin

(1)This section applies if a worker left no dependants but is survived by any of the following—

(a)a spouse;

(b)issue within the meaning of the Succession Act 1981;

(c)next of kin within the meaning of the Succession Act 1981.

(2)The amount of compensation payable to the worker’s estate is 10% of the amount payable under section 200(2)(a).

s 201A ins 2005 No. 50 s 26

202Workers under 21

(1)This section applies if the worker—

(a)was under 21; and

(b)is survived by a parent ordinarily resident in Australia but left no dependants.

(2)The amount of compensation payable to the parent is $22,500.

(3)If more than 1 parent is entitled to compensation—

(a)the total amount of compensation payable to the parents is $22,500; and

(b)the amount payable to each parent is to be decided by the insurer.

s 202 amd 2004 No. 45 s 31; 2005 No. 50 s 27; 2010 No. 24 s 8

204Reduced compensation if dependant dies before payment made

(1)This section applies if the worker is survived by a dependant who dies before payment of compensation is made for the dependant’s benefit.

(2)For this section, the dependant is taken to have died before the worker.

(3)However, compensation for the period starting on the day of the worker’s death and ending on the day of the dependant’s death is payable to the dependant’s legal personal representative for the benefit of the dependant’s estate.

(4)The amount of the compensation is a weekly payment under this section.

(5)If the dependant was a spouse who was totally dependent on the worker’s earnings, the payment is, for each week, 14% of QOTE.

(6)If the worker has left no surviving spouse and the dependant was a member of the worker’s family who was totally dependent on the worker’s earnings and was caring for—

(a)another member of the worker’s family who was totally dependent on the worker’s earnings; or

(b)the worker’s child or stepchild who was under 16 or a student;

the payment is, for each week, 14% of QOTE.

(7)If the dependant was a member of the worker’s family or a child of the worker’s spouse who was under 16 or a student and was totally dependent on the worker’s earnings, the payment is, for each week, 7% of QOTE.

205Variation of payments for injuries

(1)If QOTE varies, each payment or amount under part 3, division 4 or 5 or part 6, 10 or 11 that is not expressed as a percentage of QOTE must be varied proportionately.

(2)An amount varied under subsection (1) is to be rounded up to the nearest $5.

(3)The Regulator must notify a variation under this section.

(4)The Regulator’s notice is subordinate legislation.

s 205 amd 2005 No. 50 s 28; 2009 No. 38 s 59; 2013 No. 52 ss 56 sch 1 (retro), 114 sch 2; 2016 No. 44 s 26; 2017 No. 27 s 26

206Construing entitlements in light of variation

(1)This section applies if an amount is varied under section 205.

(2)An entitlement to an amount mentioned in section 205 is to be construed as an entitlement to the payment or amount as varied for the time being under section 205.

(3)A reference in part 3, division 4 or 5 or part 6, 10 or 11 to the amount is to be construed as a reference to the amount as varied for the time being under section 205.

s 206 amd 2005 No. 50 s 3 sch; 2013 No. 52 s 56 sch 1 (retro); 2017 No. 27 s 27

207Application of part to existing benefits

(1)This part applies to a benefit being paid and an entitlement accrued under a former Act as if they were a benefit paid or an entitlement accrued under this Act.

(2)For subsection (1), the reference in section 206(3) of this Act to part 6, 10 or 11 is to be construed as a reference to the corresponding provision of the former Act under which an entitlement arose.

ch 3A hdg ins 2007 No. 52 s 19

207AA Definition for ch 3A

In this chapter—

worker includes a person to whom compensation is payable under this Act for injury.

s 207AA ins 2007 No. 52 s 20

207AInsurer may recover costs of reports from third party

(1)This section applies if an insurer incurs costs in obtaining reports, other than legal reports, while managing a claim for compensation in which an injury to a worker created a legal liability in a person to pay damages for the injury independently of this Act.

Examples of reports—

•medical reports

•traffic incident reports

(2)The insurer—

(a)is entitled to be indemnified by the person for a reasonable proportion of the costs reasonably incurred by the insurer in obtaining the reports; and

(b)may recover from the person as a debt a reasonable proportion of the costs reasonably incurred by the insurer in obtaining the reports.

(3)In deciding what is a reasonable proportion of the costs for subsection (2), a court must consider the extent to which the report is used for the purposes of managing the claim or deciding liability.

(4)In this section—

report includes advice.

s 207A ins 2004 No. 45 s 32

207BInsurer’s charge on damages for compensation paid

(1)This section applies to—

(a)an injury sustained by a worker in circumstances creating—

(i)an entitlement to compensation; and

(ii)a legal liability in the worker’s employer, or other person, to pay damages for the injury, independently of this Act; and

(b)damages that an employer is not indemnified against under this Act.

(2)An amount paid as compensation to a person for an injury, to which there is an entitlement to payment of damages at a time or for a period before the person becomes entitled to payment of damages by an employer or another person, is a first charge on any amount of damages recovered by the person to the extent of the amount paid as compensation to the person.

(3)Subsection (2) applies to compensation paid under chapter 4A only if the damages include treatment, care and support damages.

(4)An employer or other person from whom the damages are recoverable must pay the insurer the amount of the first charge or, if the damages are not more than the amount of the first charge, the whole of the damages.

(5)Payment to the insurer under subsection (4), to the extent of the payment, satisfies the liability of the employer or other person for payment of the damages.

(6)A person can not settle, for a sum less than the amount that is a first charge on damages under subsection (2), a claim for damages had by the person independently of this Act for an injury to which there is an entitlement to payment of damages without the insurer’s written consent.

(7)If, without the insurer’s consent, a settlement mentioned in subsection (6) is made, then to the extent that the damages recovered are insufficient to meet all payments due to the insurer under this section—

(a)the insurer is entitled to be indemnified by the employer or other person who is required by the settlement to pay the damages; and

(b)to that end, the insurer is subrogated to the rights of the person who has sought the damages, as if the settlement had not been made.

(8)If a person who has received compensation has not recovered, or taken proceedings to recover, damages for the injury from another person, other than the worker’s employer—

(a)the insurer is entitled to be indemnified for the amount of the compensation by the other person to the extent of that person’s liability for the damages, so far as the amount of damages payable for the injury by that person extends; and

(b)to that end, the insurer is subrogated to the rights of the person for the injury.

(9)Payment made as indemnity under subsection (8), to the extent of the payment, satisfies the person’s liability on a judgment for damages for the injury.

(10)In addition to all rights of action had by the insurer to give effect to its right to indemnity under this section, all questions about the right and the amount of the indemnity may, in default of agreement, be decided by an industrial magistrate if all persons affected by the indemnity consent.

(11)In this section—

damages includes damages under a legal liability existing independently of this Act, whether or not within the meaning of section 10.

s 207B (prev s 272) renum and reloc 2007 No. 52 s 24

amd 2016 No. 44 s 27

208Application and object of ch 4

(1)This chapter applies if a worker sustains an injury for which compensation under chapter 3 is payable.

(2)The object of this chapter is to provide for appropriate medical treatment, hospitalisation and rehabilitation of the worker.

(3)This section is subject to part 5A.

s 208 amd 2016 No. 44 s 53 sch 1; 2019 No. 33 s 59

209Application of pt 2

(1)This part applies if medical treatment or hospitalisation of a worker is required for the management of an injury sustained by the worker.

(2)However, this part, other than section 219, does not apply to medical treatment provided to, or hospitalisation of, a worker during a period for which the worker is entitled to compensation under chapter 4A for the injury, including any period for which the entitlement is suspended under section 232ZH.

s 209 amd 2016 No. 44 s 28