{"id":"qld:act-2003-027","name":"Workers' Compensation and Rehabilitation Act 2003","slug":"workers-compensation-and-rehabilitation-act-2003","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"27 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29865,"registerId":"qld-act-2003-027-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Workers’ Compensation and Rehabilitation Act 2003 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nSections 613 to 618 and 621 are taken to have commenced on 1 April 2003.\nThe remaining provisions of this Act, (other than sections 612 , 619 and 620 ) commence on 1 July 2003.\n(sec.2-ssec.1) Sections 613 to 618 and 621 are taken to have commenced on 1 April 2003.\n(sec.2-ssec.2) The remaining provisions of this Act, (other than sections 612 , 619 and 620 ) commence on 1 July 2003.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act binds all persons","content":"### sec.3 Act binds all persons\n\nThis Act binds all persons, including the State, and, so far as the legislative power of Parliament permits, the other States.","sortOrder":3},{"sectionNumber":"sec.3A","sectionType":"section","heading":"Notes in text","content":"### sec.3A Notes in text\n\nA note in the text of this Act is part of the Act .\ns 3A ins 2005 No. 50 s 4","sortOrder":4},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Objects","content":"# Objects","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Objects of Act","content":"### sec.4 Objects of Act\n\nThis part states the main objects of this Act.\nThe objects are an aid to the interpretation of this Act.\n(sec.4-ssec.1) This part states the main objects of this Act.\n(sec.4-ssec.2) The objects are an aid to the interpretation of this Act.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Workers’ compensation scheme","content":"### sec.5 Workers’ compensation scheme\n\nThis Act establishes a workers’ compensation scheme for Queensland—\nproviding 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\nencouraging improved health and safety performance by employers.\nThe main provisions of the scheme provide the following for injuries sustained by workers in their employment—\ncompensation;\nimplementation of the national injury insurance scheme for serious personal injuries resulting from workplace incidents connected with Queensland;\nregulation of access to damages;\nemployers’ liability for compensation;\nemployers’ obligation to be covered against liability for compensation and damages either under a WorkCover insurance policy or under a licence as a self-insurer;\nmanagement of compensation claims by insurers;\ninjury management, emphasising rehabilitation of workers particularly for return to work;\nprocedures for assessment of injuries by appropriately qualified persons or by independent medical assessment tribunals;\nrights of review of, and appeal against, decisions made under this Act.\nThere is some scope for the application of this Act to injuries sustained by persons other than workers, for example—\nunder arrangements for specified benefits for specified persons or treatment of specified persons in some respects as workers; and\nunder procedures for assessment of injuries under other Acts by medical assessment tribunals established under this Act.\nIt is intended that the scheme should—\nmaintain a balance between—\nproviding fair and appropriate benefits for injured workers or dependants and persons other than workers; and\nensuring reasonable cost levels for employers; and\nensure that injured workers or dependants are treated fairly by insurers; and\nprovide for the protection of employers’ interests in relation to claims for damages for workers’ injuries; and\nprovide for employers and injured workers to participate in effective return to work programs; and\nprovide 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\nprovide for flexible insurance arrangements suited to the particular needs of industry.\nIt is also intended that workers and employers understand that they may, as they consider appropriate, seek advice and support in relation to the scheme from a lawyer or a registered industrial organisation.\nBecause 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.\ns 5 amd 2005 No. 11 s 59 ; 2005 No. 50 ss 5 , 3 sch ; 2007 No. 52 s 4 ; 2016 No. 44 s 3 ; 2024 No. 40 s 23\n(sec.5-ssec.1) This Act establishes a workers’ compensation scheme for Queensland— 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 encouraging improved health and safety performance by employers.\n(sec.5-ssec.2) The main provisions of the scheme provide the following for injuries sustained by workers in their employment— compensation; implementation of the national injury insurance scheme for serious personal injuries resulting from workplace incidents connected with Queensland; regulation of access to damages; employers’ liability for compensation; 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; management of compensation claims by insurers; injury management, emphasising rehabilitation of workers particularly for return to work; procedures for assessment of injuries by appropriately qualified persons or by independent medical assessment tribunals; rights of review of, and appeal against, decisions made under this Act.\n(sec.5-ssec.3) There is some scope for the application of this Act to injuries sustained by persons other than workers, for example— under arrangements for specified benefits for specified persons or treatment of specified persons in some respects as workers; and under procedures for assessment of injuries under other Acts by medical assessment tribunals established under this Act.\n(sec.5-ssec.4) It is intended that the scheme should— maintain a balance between— providing fair and appropriate benefits for injured workers or dependants and persons other than workers; and ensuring reasonable cost levels for employers; and ensure that injured workers or dependants are treated fairly by insurers; and provide for the protection of employers’ interests in relation to claims for damages for workers’ injuries; and provide for employers and injured workers to participate in effective return to work programs; and 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 provide for flexible insurance arrangements suited to the particular needs of industry.\n(sec.5-ssec.5) It is also intended that workers and employers understand that they may, as they consider appropriate, seek advice and support in relation to the scheme from a lawyer or a registered industrial organisation.\n(sec.5-ssec.6) 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.\n- (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\n- (b) encouraging improved health and safety performance by employers.\n- (a) compensation;\n- (aa) implementation of the national injury insurance scheme for serious personal injuries resulting from workplace incidents connected with Queensland;\n- (b) regulation of access to damages;\n- (c) employers’ liability for compensation;\n- (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;\n- (e) management of compensation claims by insurers;\n- (f) injury management, emphasising rehabilitation of workers particularly for return to work;\n- (g) procedures for assessment of injuries by appropriately qualified persons or by independent medical assessment tribunals;\n- (h) rights of review of, and appeal against, decisions made under this Act.\n- (a) under arrangements for specified benefits for specified persons or treatment of specified persons in some respects as workers; and\n- (b) under procedures for assessment of injuries under other Acts by medical assessment tribunals established under this Act.\n- (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\n- (i) providing fair and appropriate benefits for injured workers or dependants and persons other than workers; and\n- (ii) ensuring reasonable cost levels for employers; and\n- (b) ensure that injured workers or dependants are treated fairly by insurers; and\n- (c) provide for the protection of employers’ interests in relation to claims for damages for workers’ injuries; and\n- (d) provide for employers and injured workers to participate in effective return to work programs; and\n- (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\n- (e) provide for flexible insurance arrangements suited to the particular needs of industry.\n- (i) providing fair and appropriate benefits for injured workers or dependants and persons other than workers; and\n- (ii) ensuring reasonable cost levels for employers; and","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Administration","content":"### sec.6 Administration\n\nThis 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.\ns 6 sub 2013 No. 52 s 58","sortOrder":8},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Definitions","content":"# Definitions","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Definitions","content":"### sec.7 Definitions\n\nThe dictionary in schedule 6 defines particular words used in this Act.","sortOrder":10},{"sectionNumber":"ch.1-pt.4","sectionType":"part","heading":"Basic concepts","content":"# Basic concepts","sortOrder":11},{"sectionNumber":"ch.1-pt.4-div.1","sectionType":"division","heading":"Accident insurance, compensation and damages","content":"## Accident insurance, compensation and damages","sortOrder":12},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of accident insurance","content":"### sec.8 Meaning of accident insurance\n\nAccident 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—\ncompensation; and\ndamages.\n- (a) compensation; and\n- (b) damages.","sortOrder":13},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of compensation","content":"### sec.9 Meaning of compensation\n\nCompensation 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.\ns 9 amd 2016 No. 44 s 4","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of damages","content":"### sec.10 Meaning of damages\n\nDamages 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—\nthe worker; or\nif the injury results in the worker’s death—a dependant of the deceased worker.\nA reference in subsection (1) to the liability of an employer does not include a liability against which the employer is required to provide under—\nanother Act; or\na law of another State, the Commonwealth or of another country.\nAlso, 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.\n(sec.10-ssec.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— the worker; or if the injury results in the worker’s death—a dependant of the deceased worker.\n(sec.10-ssec.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— another Act; or a law of another State, the Commonwealth or of another country.\n(sec.10-ssec.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.\n- (a) the worker; or\n- (b) if the injury results in the worker’s death—a dependant of the deceased worker.\n- (a) another Act; or\n- (b) a law of another State, the Commonwealth or of another country.","sortOrder":15},{"sectionNumber":"sec.10A","sectionType":"section","heading":"Meaning of QOTE","content":"### sec.10A Meaning of QOTE\n\nQOTE , for a financial year, is—\nthe 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\nif 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.\nThe Regulator must, before the start of a financial year, notify—\nQOTE for the financial year; and\nthe percentage difference in QOTE for the financial year compared to QOTE for the previous financial year.\nThe percentage difference under subsection (2) (b) may be rounded to the nearest second decimal place.\nThe Regulator’s notice is subordinate legislation.\ns 10A (prev s 107) sub 2013 No. 52 s 67 ; 2016 No. 44 s 11\namd 2019 No. 33 s 41 (1) – (2)\nreloc and renum 2019 No. 33 s 41 (3)\n(sec.10A-ssec.1) QOTE , for a financial year, is— 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 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.\n(sec.10A-ssec.2) The Regulator must, before the start of a financial year, notify— QOTE for the financial year; and the percentage difference in QOTE for the financial year compared to QOTE for the previous financial year.\n(sec.10A-ssec.3) The percentage difference under subsection (2) (b) may be rounded to the nearest second decimal place.\n(sec.10A-ssec.4) The Regulator’s notice is subordinate legislation.\n- (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\n- (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.\n- (a) QOTE for the financial year; and\n- (b) the percentage difference in QOTE for the financial year compared to QOTE for the previous financial year.","sortOrder":16},{"sectionNumber":"ch.1-pt.4-div.2","sectionType":"division","heading":"Workers","content":"## Workers","sortOrder":17},{"sectionNumber":"sec.11","sectionType":"section","heading":"Who is a worker","content":"### sec.11 Who is a worker\n\nA worker is—\na person who—\nworks under a contract; and\nin relation to the work, is an employee for the purpose of assessment of PAYG withholding under the Taxation Administration Act 1953 (Cwlth) , schedule 1 , chapter 2 , part 2 -5; or\na person who is a regulated worker under the Fair Work Act 2009 (Cwlth) if—\na minimum standards order, minimum standards guideline or collective agreement applies to, or covers, the person under chapter 3A of that Act; and\nthe person is prescribed by regulation to be a worker.\nAlso, schedule 2 , part 1 sets out who is a worker in particular circumstances.\nHowever, schedule 2 , part 2 sets out who is not a worker in particular circumstances.\nOnly an individual can be a worker for this Act.\ns 11 sub 2004 No. 45 s 4\namd 2013 No. 29 s 71 ; 2024 No. 40 s 24\n(sec.11-ssec.1) A worker is— a person who— works under a contract; and in relation to the work, is an employee for the purpose of assessment of PAYG withholding under the Taxation Administration Act 1953 (Cwlth) , schedule 1 , chapter 2 , part 2 -5; or a person who is a regulated worker under the Fair Work Act 2009 (Cwlth) if— a minimum standards order, minimum standards guideline or collective agreement applies to, or covers, the person under chapter 3A of that Act; and the person is prescribed by regulation to be a worker.\n(sec.11-ssec.2) Also, schedule 2 , part 1 sets out who is a worker in particular circumstances.\n(sec.11-ssec.3) However, schedule 2 , part 2 sets out who is not a worker in particular circumstances.\n(sec.11-ssec.4) Only an individual can be a worker for this Act.\n- (a) a person who— (i) works under a contract; and (ii) in relation to the work, is an employee for the purpose of assessment of PAYG withholding under the Taxation Administration Act 1953 (Cwlth) , schedule 1 , chapter 2 , part 2 -5; or\n- (i) works under a contract; and\n- (ii) in relation to the work, is an employee for the purpose of assessment of PAYG withholding under the Taxation Administration Act 1953 (Cwlth) , schedule 1 , chapter 2 , part 2 -5; or\n- (b) a person who is a regulated worker under the Fair Work Act 2009 (Cwlth) if— (i) a minimum standards order, minimum standards guideline or collective agreement applies to, or covers, the person under chapter 3A of that Act; and (ii) the person is prescribed by regulation to be a worker.\n- (i) a minimum standards order, minimum standards guideline or collective agreement applies to, or covers, the person under chapter 3A of that Act; and\n- (ii) the person is prescribed by regulation to be a worker.\n- (i) works under a contract; and\n- (ii) in relation to the work, is an employee for the purpose of assessment of PAYG withholding under the Taxation Administration Act 1953 (Cwlth) , schedule 1 , chapter 2 , part 2 -5; or\n- (i) a minimum standards order, minimum standards guideline or collective agreement applies to, or covers, the person under chapter 3A of that Act; and\n- (ii) the person is prescribed by regulation to be a worker.","sortOrder":18},{"sectionNumber":"ch.1-pt.4-div.3","sectionType":"division","heading":"Persons entitled to compensation other than workers","content":"## Persons entitled to compensation other than workers","sortOrder":19},{"sectionNumber":"sec.11A","sectionType":"section","heading":"Compensation to which this division does not apply","content":"### sec.11A Compensation to which this division does not apply\n\nIn this division, a reference to an entitlement to compensation does not include an entitlement to compensation under chapter 4A .\ns 11A ins 2016 No. 44 s 6","sortOrder":20},{"sectionNumber":"sec.12","sectionType":"section","heading":"Entitlements of persons mentioned in sdiv 1","content":"### sec.12 Entitlements of persons mentioned in sdiv 1\n\nA 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—\nan entitlement to a basic weekly payment under chapter 3 , part 9 , division 2A ; and\nan entitlement to weekly payments of compensation under chapter 3 , part 9 , division 4 , subdivision 3 and division 5 , subdivision 1 ; and\nfor all other entitlements—the same entitlements to compensation as a worker.\nThe contract must not cover the payment of damages for injury sustained by the person.\nHowever, 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.\nSee also section 236A about the application of chapter 5 to specified volunteer firefighters.\nFor the purpose of the contract, in the application of the definition injury to the person—\nthe activity covered by the contract is taken to be the person’s employment; and\nthe party with whom WorkCover enters the contract is taken to be the person’s employer.\ns 12 amd 2003 No. 85 s 28 sch ; 2015 No. 13 s 14 (retro); 2024 No. 40 s 25\n(sec.12-ssec.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— an entitlement to a basic weekly payment under chapter 3 , part 9 , division 2A ; and an entitlement to weekly payments of compensation under chapter 3 , part 9 , division 4 , subdivision 3 and division 5 , subdivision 1 ; and for all other entitlements—the same entitlements to compensation as a worker.\n(sec.12-ssec.2) The contract must not cover the payment of damages for injury sustained by the person.\n(sec.12-ssec.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. See also section 236A about the application of chapter 5 to specified volunteer firefighters.\n(sec.12-ssec.3) For the purpose of the contract, in the application of the definition injury to the person— the activity covered by the contract is taken to be the person’s employment; and the party with whom WorkCover enters the contract is taken to be the person’s employer.\n- (aa) an entitlement to a basic weekly payment under chapter 3 , part 9 , division 2A ; and\n- (a) an entitlement to weekly payments of compensation under chapter 3 , part 9 , division 4 , subdivision 3 and division 5 , subdivision 1 ; and\n- (b) for all other entitlements—the same entitlements to compensation as a worker.\n- (a) the activity covered by the contract is taken to be the person’s employment; and\n- (b) the party with whom WorkCover enters the contract is taken to be the person’s employer.","sortOrder":21},{"sectionNumber":"sec.13","sectionType":"section","heading":"Particular persons under Disaster Management Act 2003","content":"### sec.13 Particular persons under Disaster Management Act 2003\n\nWorkCover may enter into a contract of insurance for this subdivision with the police commissioner.\nThe contract may cover—\na person required to give reasonable help under the Disaster Management Act 2003 , section 77 (1) (q) or 112 (3) (g) ; or\nanother person performing a function or exercising a power under that Act.\nA person covered by the contract is entitled to compensation for injury sustained only while engaged in disaster operations, or participating in an activity arising out of, or in the course of, disaster operations, including training.\nIn this section—\ndisaster operations see the Disaster Management Act 2003 , section 15 .\ns 13 amd 2003 No. 91 s 175 sch 1 ; 2014 No. 17 s 184 sch 1 pt 4 ; 2024 No. 18 s 35 ; 2024 No. 22 s 92 sch 1\n(sec.13-ssec.1) WorkCover may enter into a contract of insurance for this subdivision with the police commissioner.\n(sec.13-ssec.2) The contract may cover— a person required to give reasonable help under the Disaster Management Act 2003 , section 77 (1) (q) or 112 (3) (g) ; or another person performing a function or exercising a power under that Act.\n(sec.13-ssec.3) A person covered by the contract is entitled to compensation for injury sustained only while engaged in disaster operations, or participating in an activity arising out of, or in the course of, disaster operations, including training.\n(sec.13-ssec.4) In this section— disaster operations see the Disaster Management Act 2003 , section 15 .\n- (a) a person required to give reasonable help under the Disaster Management Act 2003 , section 77 (1) (q) or 112 (3) (g) ; or\n- (b) another person performing a function or exercising a power under that Act.","sortOrder":22},{"sectionNumber":"sec.13A","sectionType":"section","heading":"Marine Rescue Queensland volunteer","content":"### sec.13A Marine Rescue Queensland volunteer\n\nWorkCover may enter into a contract of insurance for this subdivision with the commissioner of the police service in the commissioner’s capacity as having responsibility for the administration of Marine Rescue Queensland under the Marine Rescue Queensland Act 2024 .\nThe contract may cover an MRQ volunteer under the Marine Rescue Queensland Act 2024 .\nA person covered by the contract is entitled to compensation for injury sustained only while performing an authorised function, or participating in an activity arising out of, or in the course of, performing an authorised function, including training.\nIn this section—\nauthorised function means an MRQ function under the Marine Rescue Queensland Act 2024 .\ns 13A ins 2024 No. 18 s 36\n(sec.13A-ssec.1) WorkCover may enter into a contract of insurance for this subdivision with the commissioner of the police service in the commissioner’s capacity as having responsibility for the administration of Marine Rescue Queensland under the Marine Rescue Queensland Act 2024 .\n(sec.13A-ssec.2) The contract may cover an MRQ volunteer under the Marine Rescue Queensland Act 2024 .\n(sec.13A-ssec.3) A person covered by the contract is entitled to compensation for injury sustained only while performing an authorised function, or participating in an activity arising out of, or in the course of, performing an authorised function, including training.\n(sec.13A-ssec.4) In this section— authorised function means an MRQ function under the Marine Rescue Queensland Act 2024 .","sortOrder":23},{"sectionNumber":"sec.13B","sectionType":"section","heading":"State Emergency Service volunteer","content":"### sec.13B State Emergency Service volunteer\n\nWorkCover may enter into a contract of insurance for this subdivision with the commissioner of the police service in the commissioner’s capacity as having responsibility for the administration of the State Emergency Service under the State Emergency Service Act 2024 .\nThe contract may cover an SES volunteer under the State Emergency Service Act 2024 .\nA person covered by the contract is entitled to compensation for injury sustained only while performing an authorised function, or participating in an activity arising out of, or in the course of, performing an authorised function, including training.\nIn this section—\nauthorised function means an SES function under the State Emergency Service Act 2024 .\ns 13B ins 2024 No. 18 s 36\n(sec.13B-ssec.1) WorkCover may enter into a contract of insurance for this subdivision with the commissioner of the police service in the commissioner’s capacity as having responsibility for the administration of the State Emergency Service under the State Emergency Service Act 2024 .\n(sec.13B-ssec.2) The contract may cover an SES volunteer under the State Emergency Service Act 2024 .\n(sec.13B-ssec.3) A person covered by the contract is entitled to compensation for injury sustained only while performing an authorised function, or participating in an activity arising out of, or in the course of, performing an authorised function, including training.\n(sec.13B-ssec.4) In this section— authorised function means an SES function under the State Emergency Service Act 2024 .","sortOrder":24},{"sectionNumber":"sec.14","sectionType":"section","heading":"Rural fire brigade member","content":"### sec.14 Rural fire brigade member\n\nWorkCover may enter into a contract of insurance for this subdivision with the authority responsible for management of a rural fire brigade under the Fire Services Act 1990 .\nThe contract may cover a member of the rural fire brigade.\nA 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.\nHowever, 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.\nSubsections (3) and (4) do not limit section 12 (2A) .\ns 14 amd 2014 No. 17 s 184 sch 1 pts 2 , 4 ; 2015 No. 13 s 15 (retro); 2024 No. 22 s 92 sch 1\n(sec.14-ssec.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 Services Act 1990 .\n(sec.14-ssec.2) The contract may cover a member of the rural fire brigade.\n(sec.14-ssec.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.\n(sec.14-ssec.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.\n(sec.14-ssec.5) Subsections (3) and (4) do not limit section 12 (2A) .","sortOrder":25},{"sectionNumber":"sec.15","sectionType":"section","heading":"Volunteer firefighter or volunteer fire warden","content":"### sec.15 Volunteer firefighter or volunteer fire warden\n\nWorkCover may enter into a contract of insurance for this subdivision with the authority responsible for the management of the State’s fire services.\nThe contract may cover a volunteer firefighter or a volunteer fire warden ( volunteer ).\nA 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.\nHowever, 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.\nSubsections (3) and (4) do not limit section 12 (2A) .\ns 15 amd 2015 No. 13 s 16 (retro)\n(sec.15-ssec.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.\n(sec.15-ssec.2) The contract may cover a volunteer firefighter or a volunteer fire warden ( volunteer ).\n(sec.15-ssec.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.\n(sec.15-ssec.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.\n(sec.15-ssec.5) Subsections (3) and (4) do not limit section 12 (2A) .","sortOrder":26},{"sectionNumber":"sec.16","sectionType":"section","heading":"Local government, statutory or industrial body member","content":"### sec.16 Local government, statutory or industrial body member\n\nWorkCover 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 ).\nThe contract may cover a councillor, member, delegate or similar person of the public body ( member ).\nA 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.\nA 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).\ns 16 amd 2003 No. 85 s 28 sch\n(sec.16-ssec.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 ).\n(sec.16-ssec.2) The contract may cover a councillor, member, delegate or similar person of the public body ( member ).\n(sec.16-ssec.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. 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).","sortOrder":27},{"sectionNumber":"sec.17","sectionType":"section","heading":"Honorary ambulance officers","content":"### sec.17 Honorary ambulance officers\n\nWorkCover may enter into a contract of insurance for this subdivision with the authority responsible for the State’s ambulance transport.\nThe contract may cover an honorary ambulance officer ( volunteer ).\nA person covered by the contract is entitled to compensation for injury sustained only while performing a duty required of the person as a volunteer.\n(sec.17-ssec.1) WorkCover may enter into a contract of insurance for this subdivision with the authority responsible for the State’s ambulance transport.\n(sec.17-ssec.2) The contract may cover an honorary ambulance officer ( volunteer ).\n(sec.17-ssec.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.","sortOrder":28},{"sectionNumber":"sec.18","sectionType":"section","heading":"Person in voluntary or honorary position with religious, charitable or benevolent organisation","content":"### sec.18 Person in voluntary or honorary position with religious, charitable or benevolent organisation\n\nWorkCover may enter into a contract of insurance for this subdivision with a church, non-profit charitable organisation or benevolent institution ( institution ).\nThe contract may cover a person in a voluntary or honorary position with the institution ( volunteer ).\nA 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.\n(sec.18-ssec.1) WorkCover may enter into a contract of insurance for this subdivision with a church, non-profit charitable organisation or benevolent institution ( institution ).\n(sec.18-ssec.2) The contract may cover a person in a voluntary or honorary position with the institution ( volunteer ).\n(sec.18-ssec.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.","sortOrder":29},{"sectionNumber":"sec.19","sectionType":"section","heading":"Person in voluntary or honorary position with non-profit organisation","content":"### sec.19 Person in voluntary or honorary position with non-profit organisation\n\nWorkCover may enter into a contract of insurance for this subdivision with a non-profit organisation.\nThe contract may cover a person in a voluntary or honorary position with the organisation ( volunteer ).\nA 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.\n(sec.19-ssec.1) WorkCover may enter into a contract of insurance for this subdivision with a non-profit organisation.\n(sec.19-ssec.2) The contract may cover a person in a voluntary or honorary position with the organisation ( volunteer ).\n(sec.19-ssec.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.","sortOrder":30},{"sectionNumber":"sec.20","sectionType":"section","heading":"Entitlements of persons mentioned in sdiv 2","content":"### sec.20 Entitlements of persons mentioned in sdiv 2\n\nA 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—\nan entitlement to weekly payments of compensation under chapter 3 , part 9 , division 4 , subdivision 3 and division 5 , subdivision 1 ; and\nfor all other entitlements—the same entitlements to compensation as a worker.\nThe contract does not cover payment of damages for injury sustained by the person.\nFor the purpose of the contract, in the application of the definition injury to the person—\nthe activity covered by the contract is taken to be the person’s employment; and\nthe party with whom WorkCover enters the contract is taken to be the person’s employer.\ns 20 amd 2003 No. 85 s 28 sch\n(sec.20-ssec.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— an entitlement to weekly payments of compensation under chapter 3 , part 9 , division 4 , subdivision 3 and division 5 , subdivision 1 ; and for all other entitlements—the same entitlements to compensation as a worker.\n(sec.20-ssec.2) The contract does not cover payment of damages for injury sustained by the person.\n(sec.20-ssec.3) For the purpose of the contract, in the application of the definition injury to the person— the activity covered by the contract is taken to be the person’s employment; and the party with whom WorkCover enters the contract is taken to be the person’s employer.\n- (a) an entitlement to weekly payments of compensation under chapter 3 , part 9 , division 4 , subdivision 3 and division 5 , subdivision 1 ; and\n- (b) for all other entitlements—the same entitlements to compensation as a worker.\n- (a) the activity covered by the contract is taken to be the person’s employment; and\n- (b) the party with whom WorkCover enters the contract is taken to be the person’s employer.","sortOrder":31},{"sectionNumber":"sec.21","sectionType":"section","heading":"Persons performing community service or unpaid duties","content":"### sec.21 Persons performing community service or unpaid duties\n\nWorkCover may enter into a contract of insurance for this subdivision with the authority responsible for directing the performance of—\ncommunity service under a community service order or fine option order under the Penalties and Sentences Act 1992 ; or\ncommunity service under a community service order under any other Act; or\na 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).\nFor the definition chief executive (corrective services) , see the Acts Interpretation Act 1954 , schedule 1 .\nThe contract may cover a person performing the community service or the work related activity or program.\nA 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.\ns 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\n(sec.21-ssec.1) WorkCover may enter into a contract of insurance for this subdivision with the authority responsible for directing the performance of— community service under a community service order or fine option order under the Penalties and Sentences Act 1992 ; or community service under a community service order under any other Act; or 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). For the definition chief executive (corrective services) , see the Acts Interpretation Act 1954 , schedule 1 .\n(sec.21-ssec.2) The contract may cover a person performing the community service or the work related activity or program.\n(sec.21-ssec.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.\n- (a) community service under a community service order or fine option order under the Penalties and Sentences Act 1992 ; or\n- (b) community service under a community service order under any other Act; or\n- (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 .","sortOrder":32},{"sectionNumber":"sec.22","sectionType":"section","heading":"Students","content":"### sec.22 Students\n\nWorkCover may enter into—\na 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\na 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\na contract of insurance for this subdivision with a registered training organisation attended by a vocational placement student.\nThe 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.\nThe student has the entitlement to compensation for injury that is provided under a regulation.\nIn this section—\nnon-State school means an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 .\nregistered training organisation see the National Vocational Education and Training Regulator Act 2011 (Cwlth) , section 3 .\nState student means a student defined in the Education (Work Experience) Act 1996 , dictionary.\ns 22 amd 2003 No. 63 s 60 sch ; 2014 No. 25 s 223 sch 1 pt 2 ; 2017 No. 24 s 266\n(sec.22-ssec.1) WorkCover may enter into— 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 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 a contract of insurance for this subdivision with a registered training organisation attended by a vocational placement student.\n(sec.22-ssec.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.\n(sec.22-ssec.3) The student has the entitlement to compensation for injury that is provided under a regulation.\n(sec.22-ssec.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.\n- (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\n- (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\n- (c) a contract of insurance for this subdivision with a registered training organisation attended by a vocational placement student.","sortOrder":33},{"sectionNumber":"sec.23","sectionType":"section","heading":"Meaning of eligible person","content":"### sec.23 Meaning of eligible person\n\nAn eligible person is an individual who, other than as a worker, receives remuneration or other benefit for performing work, or providing services as—\na contractor; or\na self-employed individual; or\na director of a corporation; or\na trustee; or\na member of a partnership.\n- (a) a contractor; or\n- (b) a self-employed individual; or\n- (c) a director of a corporation; or\n- (d) a trustee; or\n- (e) a member of a partnership.","sortOrder":34},{"sectionNumber":"sec.24","sectionType":"section","heading":"Eligible person may apply to be insured","content":"### sec.24 Eligible person may apply to be insured\n\nWorkCover 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.","sortOrder":35},{"sectionNumber":"sec.25","sectionType":"section","heading":"Entitlements of eligible persons","content":"### sec.25 Entitlements of eligible persons\n\nA 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—\nan entitlement to weekly payments of compensation under chapter 3 , part 9 , division 4 , subdivision 4 and division 5 , subdivision 2 ; and\nfor all other entitlements—the same entitlements to compensation as a worker.\nThe contract does not cover payment of damages for injury sustained by the person.\n(sec.25-ssec.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— an entitlement to weekly payments of compensation under chapter 3 , part 9 , division 4 , subdivision 4 and division 5 , subdivision 2 ; and for all other entitlements—the same entitlements to compensation as a worker.\n(sec.25-ssec.2) The contract does not cover payment of damages for injury sustained by the person.\n- (a) an entitlement to weekly payments of compensation under chapter 3 , part 9 , division 4 , subdivision 4 and division 5 , subdivision 2 ; and\n- (b) for all other entitlements—the same entitlements to compensation as a worker.","sortOrder":36},{"sectionNumber":"sec.26","sectionType":"section","heading":"Other persons","content":"### sec.26 Other persons\n\nWorkCover 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.\nThe 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.\nCover under the contract must not exceed the cover available under this Act for—\ncompensation; or\ndamages.\n(sec.26-ssec.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.\n(sec.26-ssec.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.\n(sec.26-ssec.3) Cover under the contract must not exceed the cover available under this Act for— compensation; or damages.\n- (a) compensation; or\n- (b) damages.","sortOrder":37},{"sectionNumber":"ch.1-pt.4-div.4","sectionType":"division","heading":"Spouses, members of the family and dependants","content":"## Spouses, members of the family and dependants","sortOrder":38},{"sectionNumber":"sec.27","sectionType":"section","heading":"Meaning of dependant","content":"### sec.27 Meaning of dependant\n\nA 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.","sortOrder":39},{"sectionNumber":"sec.28","sectionType":"section","heading":"Meaning of member of the family","content":"### sec.28 Meaning of member of the family\n\nA person is a member of the family of a deceased worker, if the person is—\nthe worker’s—\nspouse; or\nparent, grandparent or step-parent; or\nchild, grandchild or stepchild; or\nbrother, sister, half-brother or half-sister; or\nif the worker stands in the place of a parent to another person—the other person; or\nif another person stands in the place of a parent to the deceased worker—the other person.\ns 28 amd 2010 No. 24 s 3 sch\n- (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\n- (i) spouse; or\n- (ii) parent, grandparent or step-parent; or\n- (iii) child, grandchild or stepchild; or\n- (iv) brother, sister, half-brother or half-sister; or\n- (b) if the worker stands in the place of a parent to another person—the other person; or\n- (c) if another person stands in the place of a parent to the deceased worker—the other person.\n- (i) spouse; or\n- (ii) parent, grandparent or step-parent; or\n- (iii) child, grandchild or stepchild; or\n- (iv) brother, sister, half-brother or half-sister; or","sortOrder":40},{"sectionNumber":"sec.29","sectionType":"section","heading":"Who is the spouse of a deceased worker","content":"### sec.29 Who is the spouse of a deceased worker\n\nThe 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 —\ngenerally—\nfor a continuous period of at least 2 years ending on the worker’s death; or\nfor 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\nif the deceased left a dependant who is a child of the relationship—immediately before the worker’s death.\nIn this section—\nchild of the relationship means a child of the worker and the de facto partner, and includes a child born after the worker’s death.\ndependant 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.\n(sec.29-ssec.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 — generally— for a continuous period of at least 2 years ending on the worker’s death; or 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 if the deceased left a dependant who is a child of the relationship—immediately before the worker’s death.\n(sec.29-ssec.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.\n- (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\n- (i) for a continuous period of at least 2 years ending on the worker’s death; or\n- (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\n- (b) if the deceased left a dependant who is a child of the relationship—immediately before the worker’s death.\n- (i) for a continuous period of at least 2 years ending on the worker’s death; or\n- (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","sortOrder":41},{"sectionNumber":"ch.1-pt.4-div.5","sectionType":"division","heading":"Employers","content":"## Employers","sortOrder":42},{"sectionNumber":"sec.30","sectionType":"section","heading":"Who is an employer","content":"### sec.30 Who is an employer\n\nAn employer is a person who engages a worker to perform work.\nAlso, schedule 3 sets out who is an employer in particular circumstances.\nTo 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.\nIn this section and schedule 3 —\ncontract includes agreement and arrangement.\nperson includes—\na government entity; and\nthe legal personal representative of a deceased individual.\ns 30 sub 2004 No. 45 s 5\namd 2013 No. 29 s 72 ; 2024 No. 40 s 26\n(sec.30-ssec.1) An employer is a person who engages a worker to perform work.\n(sec.30-ssec.2) Also, schedule 3 sets out who is an employer in particular circumstances.\n(sec.30-ssec.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.\n(sec.30-ssec.4) In this section and schedule 3 — contract includes agreement and arrangement. person includes— a government entity; and the legal personal representative of a deceased individual.\n- (a) a government entity; and\n- (b) the legal personal representative of a deceased individual.","sortOrder":43},{"sectionNumber":"sec.30A","sectionType":"section","heading":"Liability to pay compensation does not make WorkCover an employer","content":"### sec.30A Liability to pay compensation does not make WorkCover an employer\n\nWorkCover 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.\ns 30A (prev s 47) amd 2024 No. 40 s 30 (1)\nreloc and renum 2024 No. 40 s 30 (2)","sortOrder":44},{"sectionNumber":"ch.1-pt.4-div.6","sectionType":"division","heading":"Injuries, impairment and terminal condition","content":"## Injuries, impairment and terminal condition","sortOrder":45},{"sectionNumber":"sec.31","sectionType":"section","heading":"Meaning of event","content":"### sec.31 Meaning of event\n\nAn event is anything that results in injury, including a latent onset injury, to a worker.\nAn event includes continuous or repeated exposure to substantially the same conditions that results in an injury to a worker.\nA 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.\nIf multiple injuries result from an event, they are taken to have happened in 1 event.\ns 31 amd 2005 No. 50 s 3 sch\n(sec.31-ssec.1) An event is anything that results in injury, including a latent onset injury, to a worker.\n(sec.31-ssec.2) An event includes continuous or repeated exposure to substantially the same conditions that results in an injury to a worker.\n(sec.31-ssec.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.\n(sec.31-ssec.4) If multiple injuries result from an event, they are taken to have happened in 1 event.","sortOrder":46},{"sectionNumber":"sec.32","sectionType":"section","heading":"Meaning of injury","content":"### sec.32 Meaning of injury\n\nAn injury is personal injury arising out of, or in the course of, employment if the employment is a significant contributing factor to the injury.\nHowever, employment need not be a contributing factor to the injury if section 34 (2) or 35 (2) applies.\nInjury includes the following—\na 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;\nan 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—\na personal injury;\na disease;\na medical condition, if the condition becomes a personal injury or disease because of the aggravation;\nloss of hearing resulting in industrial deafness if the employment is a significant contributing factor to causing the loss of hearing;\ndeath from injury arising out of, or in the course of, employment if the employment is a significant contributing factor to causing the injury;\ndeath from a disease mentioned in paragraph (a) , if the employment is a significant contributing factor to the disease;\ndeath from an aggravation mentioned in paragraph (b) , if the employment is a significant contributing factor to the aggravation.\nFor 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.\nDespite 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—\nreasonable management action taken in a reasonable way by the employer in connection with the worker’s employment;\nthe worker’s expectation or perception of reasonable management action being taken against the worker;\naction by the Regulator or an insurer in connection with the worker’s application for compensation.\naction taken to transfer, demote, discipline, redeploy, retrench or dismiss the worker\na decision not to award or provide promotion, reclassification or transfer of, or leave of absence or benefit in connection with, the worker’s employment\ns 32 amd 2004 No. 45 s 6 ; 2013 No. 52 ss 59 , 114 sch 2 ; 2019 No. 33 s 34\n(sec.32-ssec.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.\n(sec.32-ssec.2) However, employment need not be a contributing factor to the injury if section 34 (2) or 35 (2) applies.\n(sec.32-ssec.3) Injury includes the following— 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; 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— a personal injury; a disease; a medical condition, if the condition becomes a personal injury or disease because of the aggravation; loss of hearing resulting in industrial deafness if the employment is a significant contributing factor to causing the loss of hearing; death from injury arising out of, or in the course of, employment if the employment is a significant contributing factor to causing the injury; death from a disease mentioned in paragraph (a) , if the employment is a significant contributing factor to the disease; death from an aggravation mentioned in paragraph (b) , if the employment is a significant contributing factor to the aggravation.\n(sec.32-ssec.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.\n(sec.32-ssec.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— reasonable management action taken in a reasonable way by the employer in connection with the worker’s employment; the worker’s expectation or perception of reasonable management action being taken against the worker; action by the Regulator or an insurer in connection with the worker’s application for compensation. 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\n- (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;\n- (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;\n- (i) a personal injury;\n- (ii) a disease;\n- (iii) a medical condition, if the condition becomes a personal injury or disease because of the aggravation;\n- (c) loss of hearing resulting in industrial deafness if the employment is a significant contributing factor to causing the loss of hearing;\n- (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;\n- (e) death from a disease mentioned in paragraph (a) , if the employment is a significant contributing factor to the disease;\n- (f) death from an aggravation mentioned in paragraph (b) , if the employment is a significant contributing factor to the aggravation.\n- (i) a personal injury;\n- (ii) a disease;\n- (iii) a medical condition, if the condition becomes a personal injury or disease because of the aggravation;\n- (a) reasonable management action taken in a reasonable way by the employer in connection with the worker’s employment;\n- (b) the worker’s expectation or perception of reasonable management action being taken against the worker;\n- (c) action by the Regulator or an insurer in connection with the worker’s application for compensation.\n- • action taken to transfer, demote, discipline, redeploy, retrench or dismiss the worker\n- • 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","sortOrder":47},{"sectionNumber":"sec.33","sectionType":"section","heading":"Application of sdiv 3","content":"### sec.33 Application of sdiv 3\n\nThis 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.","sortOrder":48},{"sectionNumber":"sec.34","sectionType":"section","heading":"Injury while at or after worker attends place of employment","content":"### sec.34 Injury while at or after worker attends place of employment\n\nAn 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—\nwhile 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\nwhile the worker is away from the place of employment in the course of the worker’s employment; or\nwhile 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.\nFor subsection (1) (c) , employment need not be a contributing factor to the injury.\ns 34 amd 2013 No. 52 s 60\n(sec.34-ssec.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— 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 while the worker is away from the place of employment in the course of the worker’s employment; or 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.\n(sec.34-ssec.2) For subsection (1) (c) , employment need not be a contributing factor to the injury.\n- (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\n- (b) while the worker is away from the place of employment in the course of the worker’s employment; or\n- (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.","sortOrder":49},{"sectionNumber":"sec.35","sectionType":"section","heading":"Other circumstances","content":"### sec.35 Other circumstances\n\nAn 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—\nis on a journey between the worker’s home and place of employment; or\nis on a journey between the worker’s home or place of employment and a trade, technical or other training school—\nthat the worker is required under the terms of the worker’s employment to attend; or\nthat the employer expects the worker to attend; or\nfor 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—\nto obtain medical or hospital advice, attention or treatment; or\nto undertake rehabilitation; or\nto submit to examination by a registered person under a provision of this Act or to a requirement under this Act; or\nto receive payment of compensation; or\nis on a journey between the worker’s place of employment with 1 employer and the worker’s place of employment with another employer; or\nis attending a school mentioned in paragraph (b) or a place mentioned in paragraph (c) .\nFor subsection (1) , employment need not be a contributing factor to the injury.\nFor 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.\nIn this section—\nhome , of a worker, means the worker’s usual place of residence, and includes a place where the worker—\ntemporarily resided before starting a journey mentioned in this section; or\nintended to temporarily reside after ending a journey mentioned in this section.\ns 35 amd 2013 No. 52 s 61\n(sec.35-ssec.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— is on a journey between the worker’s home and place of employment; or is on a journey between the worker’s home or place of employment and a trade, technical or other training school— that the worker is required under the terms of the worker’s employment to attend; or that the employer expects the worker to attend; or 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— to obtain medical or hospital advice, attention or treatment; or to undertake rehabilitation; or to submit to examination by a registered person under a provision of this Act or to a requirement under this Act; or to receive payment of compensation; or 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 is attending a school mentioned in paragraph (b) or a place mentioned in paragraph (c) .\n(sec.35-ssec.2) For subsection (1) , employment need not be a contributing factor to the injury.\n(sec.35-ssec.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.\n(sec.35-ssec.4) In this section— home , of a worker, means the worker’s usual place of residence, and includes a place where the worker— temporarily resided before starting a journey mentioned in this section; or intended to temporarily reside after ending a journey mentioned in this section.\n- (a) is on a journey between the worker’s home and place of employment; or\n- (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\n- (i) that the worker is required under the terms of the worker’s employment to attend; or\n- (ii) that the employer expects the worker to attend; or\n- (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\n- (i) to obtain medical or hospital advice, attention or treatment; or\n- (ii) to undertake rehabilitation; or\n- (iii) to submit to examination by a registered person under a provision of this Act or to a requirement under this Act; or\n- (iv) to receive payment of compensation; or\n- (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\n- (e) is attending a school mentioned in paragraph (b) or a place mentioned in paragraph (c) .\n- (i) that the worker is required under the terms of the worker’s employment to attend; or\n- (ii) that the employer expects the worker to attend; or\n- (i) to obtain medical or hospital advice, attention or treatment; or\n- (ii) to undertake rehabilitation; or\n- (iii) to submit to examination by a registered person under a provision of this Act or to a requirement under this Act; or\n- (iv) to receive payment of compensation; or\n- (a) temporarily resided before starting a journey mentioned in this section; or\n- (b) intended to temporarily reside after ending a journey mentioned in this section.","sortOrder":50},{"sectionNumber":"sec.36","sectionType":"section","heading":"Injury that happens during particular journeys","content":"### sec.36 Injury that happens during particular journeys\n\nThis section applies if a worker sustains an injury in an event that happens during a journey mentioned in section 35 .\nThe injury to the worker is not taken to arise out of, or in the course of, the worker’s employment if the event happens—\nwhile the worker is in control of a vehicle and contravenes—\nthe 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\nthe Criminal Code , section 328A or a corresponding law, if the contravention is the major significant factor causing the event; or\nduring or after—\na substantial delay before the worker starts the journey; or\na substantial interruption of, or deviation from, the journey.\nHowever, subsection (2) (b) does not apply if—\nthe reason for the delay, interruption or deviation is connected with the workers’ employment; or\nthe delay, interruption or deviation arises because of circumstances beyond the worker’s control.\nFor 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—\nthe reason for the delay;\nthe actual or estimated period of time for the journey in relation to the actual or estimated period of time for the delay.\nFor 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—\nthe reason for the interruption or deviation;\nthe actual or estimated period of time for the journey in relation to the actual or estimated period of time for the interruption or deviation;\nfor a deviation—the distance travelled for the journey in relation to the distance travelled for the deviation.\nIn subsection (2) (a) (i) and (ii) —\ncorresponding law means a law of another State that is substantially equivalent—\nfor subsection (2) (a) (i) —to the law mentioned in that provision; or\nfor subsection (2) (a) (ii) —to the law mentioned in that provision.\n(sec.36-ssec.1) This section applies if a worker sustains an injury in an event that happens during a journey mentioned in section 35 .\n(sec.36-ssec.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— while the worker is in control of a vehicle and contravenes— 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 the Criminal Code , section 328A or a corresponding law, if the contravention is the major significant factor causing the event; or during or after— a substantial delay before the worker starts the journey; or a substantial interruption of, or deviation from, the journey.\n(sec.36-ssec.3) However, subsection (2) (b) does not apply if— the reason for the delay, interruption or deviation is connected with the workers’ employment; or the delay, interruption or deviation arises because of circumstances beyond the worker’s control.\n(sec.36-ssec.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— the reason for the delay; the actual or estimated period of time for the journey in relation to the actual or estimated period of time for the delay.\n(sec.36-ssec.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— the reason for the interruption or deviation; 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; for a deviation—the distance travelled for the journey in relation to the distance travelled for the deviation.\n(sec.36-ssec.6) In subsection (2) (a) (i) and (ii) — corresponding law means a law of another State that is substantially equivalent— for subsection (2) (a) (i) —to the law mentioned in that provision; or for subsection (2) (a) (ii) —to the law mentioned in that provision.\n- (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\n- (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\n- (ii) the Criminal Code , section 328A or a corresponding law, if the contravention is the major significant factor causing the event; or\n- (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.\n- (i) a substantial delay before the worker starts the journey; or\n- (ii) a substantial interruption of, or deviation from, the journey.\n- (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\n- (ii) the Criminal Code , section 328A or a corresponding law, if the contravention is the major significant factor causing the event; or\n- (i) a substantial delay before the worker starts the journey; or\n- (ii) a substantial interruption of, or deviation from, the journey.\n- (a) the reason for the delay, interruption or deviation is connected with the workers’ employment; or\n- (b) the delay, interruption or deviation arises because of circumstances beyond the worker’s control.\n- (a) the reason for the delay;\n- (b) the actual or estimated period of time for the journey in relation to the actual or estimated period of time for the delay.\n- (a) the reason for the interruption or deviation;\n- (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;\n- (c) for a deviation—the distance travelled for the journey in relation to the distance travelled for the deviation.\n- (a) for subsection (2) (a) (i) —to the law mentioned in that provision; or\n- (b) for subsection (2) (a) (ii) —to the law mentioned in that provision.","sortOrder":51},{"sectionNumber":"sec.36A","sectionType":"section","heading":"Date of injury","content":"### sec.36A Date of injury\n\nThis section applies if a person—\nis diagnosed by a doctor after the commencement of this section as having a latent onset injury; and\napplies for compensation for the latent onset injury.\nThe following questions are to be decided under the relevant compensation Act as in force when the injury was sustained—\nwhether the person was a worker under the Act when the injury was sustained;\nwhether the injury was an injury under the Act when it was sustained.\nHowever, subsection (2) (b) does not apply if the latent onset injury is a specified disease and section 36D applies to the person.\nSection 131 applies to the application for compensation as if the entitlement to compensation arose on the day of the doctor’s diagnosis.\nSubject 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.\nTo remove any doubt, it is declared that nothing in subsection (4) limits section 236 .\nSubsections (2) to (4) have effect despite section 603 .\nIn this section—\nrelevant compensation Act means this Act or a former Act.\ns 36A amd 2015 No. 13 s 17 (retro)\n(sec.36A-ssec.1) This section applies if a person— is diagnosed by a doctor after the commencement of this section as having a latent onset injury; and applies for compensation for the latent onset injury.\n(sec.36A-ssec.2) The following questions are to be decided under the relevant compensation Act as in force when the injury was sustained— whether the person was a worker under the Act when the injury was sustained; whether the injury was an injury under the Act when it was sustained.\n(sec.36A-ssec.2A) However, subsection (2) (b) does not apply if the latent onset injury is a specified disease and section 36D applies to the person.\n(sec.36A-ssec.3) Section 131 applies to the application for compensation as if the entitlement to compensation arose on the day of the doctor’s diagnosis.\n(sec.36A-ssec.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.\n(sec.36A-ssec.5) To remove any doubt, it is declared that nothing in subsection (4) limits section 236 .\n(sec.36A-ssec.6) Subsections (2) to (4) have effect despite section 603 .\n(sec.36A-ssec.7) In this section— relevant compensation Act means this Act or a former Act.\n- (a) is diagnosed by a doctor after the commencement of this section as having a latent onset injury; and\n- (b) applies for compensation for the latent onset injury.\n- (a) whether the person was a worker under the Act when the injury was sustained;\n- (b) whether the injury was an injury under the Act when it was sustained.","sortOrder":52},{"sectionNumber":"sec.36B","sectionType":"section","heading":"Definitions for sdiv 3B","content":"### sec.36B Definitions for sdiv 3B\n\nIn this subdivision—\nemploy includes engage.\nfirefighter means—\na fire officer under the Fire Services Act 1990 ; or\na member of a rural fire brigade registered under the Fire Services Act 1990 , section 135 ; or\na volunteer firefighter or volunteer fire warden engaged by the authority responsible for the management of the State’s fire services; or\na person appointed or employed under the repealed Fire Brigades Act 1964 , section 24 ; or\na person appointed or employed under the repealed Rural Fires Act 1946 , section 9 .\ns 36B def firefighter amd 2024 No. 22 s 92 sch 1\nspecified disease means a disease mentioned in schedule 4A , column 1.\ns 36B ins 2015 No. 13 s 18 (retro)\n- (a) a fire officer under the Fire Services Act 1990 ; or\n- (b) a member of a rural fire brigade registered under the Fire Services Act 1990 , section 135 ; or\n- (c) a volunteer firefighter or volunteer fire warden engaged by the authority responsible for the management of the State’s fire services; or\n- (d) a person appointed or employed under the repealed Fire Brigades Act 1964 , section 24 ; or\n- (e) a person appointed or employed under the repealed Rural Fires Act 1946 , section 9 .","sortOrder":53},{"sectionNumber":"sec.36D","sectionType":"section","heading":"Presumption of injury","content":"### sec.36D Presumption of injury\n\nThis section applies to a person who—\nis diagnosed by a doctor for the first time as having a specified disease; and\nat 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.\nFor the purposes of an entitlement to compensation, the specified disease is taken to be an injury.\nHowever, this section does not apply if it is proved that—\nthe specified disease did not arise out of, or in the course of, the person’s employment as a firefighter; or\nthe person’s employment as a firefighter is not a significant contributing factor to the specified disease.\ns 36D ins 2015 No. 13 s 18 (retro)\n(sec.36D-ssec.1) This section applies to a person who— is diagnosed by a doctor for the first time as having a specified disease; and 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.\n(sec.36D-ssec.2) For the purposes of an entitlement to compensation, the specified disease is taken to be an injury.\n(sec.36D-ssec.3) However, this section does not apply if it is proved that— the specified disease did not arise out of, or in the course of, the person’s employment as a firefighter; or the person’s employment as a firefighter is not a significant contributing factor to the specified disease.\n- (a) is diagnosed by a doctor for the first time as having a specified disease; and\n- (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.\n- (a) the specified disease did not arise out of, or in the course of, the person’s employment as a firefighter; or\n- (b) the person’s employment as a firefighter is not a significant contributing factor to the specified disease.","sortOrder":54},{"sectionNumber":"sec.36E","sectionType":"section","heading":"Deciding number of years","content":"### sec.36E Deciding number of years\n\nThis section applies for deciding the number of years of the person’s employment as a firefighter for section 36D (1) (b) .\nA period of 12 months may be included only if, throughout the period, the person—\nwas employed for the purpose of performing duties that included relevant duties; and\nperformed relevant duties to the extent reasonably necessary to fulfil the purpose of the person’s employment.\nHowever, the number of years may be made up by taking into account—\nmore than 1 period of employment; or\nperiods of employment as more than 1 type of firefighter.\nA 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.\nIn this section—\nrelevant duties means duties that involve—\nextinguishing, controlling or preventing the spread of fires; or\nexposure to substances used in, or other hazards arising from, extinguishing, controlling or preventing the spread of fires.\ns 36E ins 2015 No. 13 s 18 (retro)\namd 2024 No. 40 s 27\n(sec.36E-ssec.1) This section applies for deciding the number of years of the person’s employment as a firefighter for section 36D (1) (b) .\n(sec.36E-ssec.2) A period of 12 months may be included only if, throughout the period, the person— was employed for the purpose of performing duties that included relevant duties; and performed relevant duties to the extent reasonably necessary to fulfil the purpose of the person’s employment.\n(sec.36E-ssec.3) However, the number of years may be made up by taking into account— more than 1 period of employment; or periods of employment as more than 1 type of firefighter. 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.\n(sec.36E-ssec.4) In this section— relevant duties means duties that involve— extinguishing, controlling or preventing the spread of fires; or exposure to substances used in, or other hazards arising from, extinguishing, controlling or preventing the spread of fires.\n- (a) was employed for the purpose of performing duties that included relevant duties; and\n- (b) performed relevant duties to the extent reasonably necessary to fulfil the purpose of the person’s employment.\n- (a) more than 1 period of employment; or\n- (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.\n- (a) extinguishing, controlling or preventing the spread of fires; or\n- (b) exposure to substances used in, or other hazards arising from, extinguishing, controlling or preventing the spread of fires.","sortOrder":55},{"sectionNumber":"sec.36EA","sectionType":"section","heading":"Definitions for subdivision","content":"### sec.36EA Definitions for subdivision\n\nIn this subdivision—\neligible employee see section 36EC .\nfirst responder see section 36EB .\nrelevant volunteer means a person mentioned in division 3 , subdivision 1 who is covered under a contract of insurance entered into with WorkCover for that subdivision.\ns 36EA ins 2021 No. 10 s 3","sortOrder":56},{"sectionNumber":"sec.36EB","sectionType":"section","heading":"Meaning of first responder","content":"### sec.36EB Meaning of first responder\n\nA person is employed as a first responder if—\nthe person is a worker, or a relevant volunteer, employed in an occupation or profession prescribed by regulation; and\nthe person’s employment requires the person to respond to incidents—\nthat are life-threatening or otherwise traumatic; and\nfor which time may be critical to prevent actual or potential death or injury to persons, or to prevent or minimise damage to property or the environment.\ns 36EB ins 2021 No. 10 s 3\n- (a) the person is a worker, or a relevant volunteer, employed in an occupation or profession prescribed by regulation; and\n- (b) the person’s employment requires the person to respond to incidents— (i) that are life-threatening or otherwise traumatic; and (ii) for which time may be critical to prevent actual or potential death or injury to persons, or to prevent or minimise damage to property or the environment.\n- (i) that are life-threatening or otherwise traumatic; and\n- (ii) for which time may be critical to prevent actual or potential death or injury to persons, or to prevent or minimise damage to property or the environment.\n- (i) that are life-threatening or otherwise traumatic; and\n- (ii) for which time may be critical to prevent actual or potential death or injury to persons, or to prevent or minimise damage to property or the environment.","sortOrder":57},{"sectionNumber":"sec.36EC","sectionType":"section","heading":"Meaning of eligible employee","content":"### sec.36EC Meaning of eligible employee\n\nA person is employed as an eligible employee if—\nthe person is a worker, or a relevant volunteer, employed by or in an entity prescribed by regulation; and\nthe person’s employment requires the person to experience repeated or extreme exposure to the graphic details of traumatic incidents by—\nattending the scenes of traumatic incidents; or\na person whose employment requires the person to recover human remains\nexperiencing traumatic incidents as they happen to other persons; or\na fire communications officer whose employment requires the officer to respond to calls for information and advice in emergency situations\ninvestigating, reviewing or assessing traumatic incidents that have happened to other persons.\na person whose employment requires the person to investigate complaints of child sexual abuse\nIn this section—\ntraumatic incident includes an incident that exposes a person to, or to the threat of, any of the following—\ndeath;\nserious injury;\nsexual violence.\ns 36EC ins 2021 No. 10 s 3\n(sec.36EC-ssec.1) A person is employed as an eligible employee if— the person is a worker, or a relevant volunteer, employed by or in an entity prescribed by regulation; and the person’s employment requires the person to experience repeated or extreme exposure to the graphic details of traumatic incidents by— attending the scenes of traumatic incidents; or a person whose employment requires the person to recover human remains experiencing traumatic incidents as they happen to other persons; or a fire communications officer whose employment requires the officer to respond to calls for information and advice in emergency situations investigating, reviewing or assessing traumatic incidents that have happened to other persons. a person whose employment requires the person to investigate complaints of child sexual abuse\n(sec.36EC-ssec.2) In this section— traumatic incident includes an incident that exposes a person to, or to the threat of, any of the following— death; serious injury; sexual violence.\n- (a) the person is a worker, or a relevant volunteer, employed by or in an entity prescribed by regulation; and\n- (b) the person’s employment requires the person to experience repeated or extreme exposure to the graphic details of traumatic incidents by— (i) attending the scenes of traumatic incidents; or Example of a person for subparagraph (i) — a person whose employment requires the person to recover human remains (ii) experiencing traumatic incidents as they happen to other persons; or Example of a person for subparagraph (ii) — a fire communications officer whose employment requires the officer to respond to calls for information and advice in emergency situations (iii) investigating, reviewing or assessing traumatic incidents that have happened to other persons. Example of a person for subparagraph (iii) — a person whose employment requires the person to investigate complaints of child sexual abuse\n- (i) attending the scenes of traumatic incidents; or Example of a person for subparagraph (i) — a person whose employment requires the person to recover human remains\n- (ii) experiencing traumatic incidents as they happen to other persons; or Example of a person for subparagraph (ii) — a fire communications officer whose employment requires the officer to respond to calls for information and advice in emergency situations\n- (iii) investigating, reviewing or assessing traumatic incidents that have happened to other persons. Example of a person for subparagraph (iii) — a person whose employment requires the person to investigate complaints of child sexual abuse\n- (i) attending the scenes of traumatic incidents; or Example of a person for subparagraph (i) — a person whose employment requires the person to recover human remains\n- (ii) experiencing traumatic incidents as they happen to other persons; or Example of a person for subparagraph (ii) — a fire communications officer whose employment requires the officer to respond to calls for information and advice in emergency situations\n- (iii) investigating, reviewing or assessing traumatic incidents that have happened to other persons. Example of a person for subparagraph (iii) — a person whose employment requires the person to investigate complaints of child sexual abuse\n- (a) death;\n- (b) serious injury;\n- (c) sexual violence.","sortOrder":58},{"sectionNumber":"sec.36ED","sectionType":"section","heading":"Presumption of injury","content":"### sec.36ED Presumption of injury\n\nThis section applies in relation to a person who—\nis diagnosed by a psychiatrist, in the way prescribed by regulation, as having post-traumatic stress disorder; and\nat any time before the diagnosis, was employed as a first responder or an eligible employee.\nFor the purposes of an entitlement to compensation, the post-traumatic stress disorder is taken to be an injury.\nSubsection (2) applies despite any evidence that the post-traumatic stress disorder arose out of, or in the course of, a circumstance mentioned in section 32 (5) (a) , (b) or (c) .\nHowever, subsection (2) does not apply if it is proved that—\nthe post-traumatic stress disorder did not arise out of, or in the course of, the person’s employment as a first responder or an eligible employee; or\nthe person’s employment as a first responder or an eligible employee was not a significant contributing factor to the disorder.\ns 36ED ins 2021 No. 10 s 3\n(sec.36ED-ssec.1) This section applies in relation to a person who— is diagnosed by a psychiatrist, in the way prescribed by regulation, as having post-traumatic stress disorder; and at any time before the diagnosis, was employed as a first responder or an eligible employee.\n(sec.36ED-ssec.2) For the purposes of an entitlement to compensation, the post-traumatic stress disorder is taken to be an injury.\n(sec.36ED-ssec.3) Subsection (2) applies despite any evidence that the post-traumatic stress disorder arose out of, or in the course of, a circumstance mentioned in section 32 (5) (a) , (b) or (c) .\n(sec.36ED-ssec.4) However, subsection (2) does not apply if it is proved that— the post-traumatic stress disorder did not arise out of, or in the course of, the person’s employment as a first responder or an eligible employee; or the person’s employment as a first responder or an eligible employee was not a significant contributing factor to the disorder.\n- (a) is diagnosed by a psychiatrist, in the way prescribed by regulation, as having post-traumatic stress disorder; and\n- (b) at any time before the diagnosis, was employed as a first responder or an eligible employee.\n- (a) the post-traumatic stress disorder did not arise out of, or in the course of, the person’s employment as a first responder or an eligible employee; or\n- (b) the person’s employment as a first responder or an eligible employee was not a significant contributing factor to the disorder.","sortOrder":59},{"sectionNumber":"sec.36F","sectionType":"section","heading":"Meaning of pneumoconiosis score","content":"### sec.36F Meaning of pneumoconiosis score\n\nA pneumoconiosis score is a score that—\ngrades an injury that is pneumoconiosis; and\nis worked out using a chest image in the way prescribed by regulation.\ns 36F ins 2017 No. 27 s 18\namd 2019 No. 33 s 35\n- (a) grades an injury that is pneumoconiosis; and\n- (b) is worked out using a chest image in the way prescribed by regulation.","sortOrder":60},{"sectionNumber":"sec.37","sectionType":"section","heading":"Meaning of impairment","content":"### sec.37 Meaning of impairment\n\nAn impairment , from injury, is a loss of, or loss of efficient use of, any part of a worker’s body.","sortOrder":61},{"sectionNumber":"sec.38","sectionType":"section","heading":"Meaning of permanent impairment","content":"### sec.38 Meaning of permanent impairment\n\nA permanent impairment , from injury, is an impairment that is stable and stationary and not likely to improve with further medical or surgical treatment.","sortOrder":62},{"sectionNumber":"sec.39","sectionType":"section","heading":null,"content":"### Section sec.39\n\ns 39 om 2013 No. 52 s 4 (retro)","sortOrder":63},{"sectionNumber":"sec.39A","sectionType":"section","heading":"Meaning of terminal condition","content":"### sec.39A Meaning of terminal condition\n\nA 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 within 5 years after the terminal nature of the condition is diagnosed.\nA condition is a terminal condition only if the insurer accepts the doctor’s diagnosis of the terminal nature of the condition.\ns 39A (prev s 234) renum and reloc 2005 No. 50 s 3 sch\namd 2019 No. 33 s 36 ; 2022 No. 13 s 58\n(sec.39A-ssec.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 within 5 years after the terminal nature of the condition is diagnosed.\n(sec.39A-ssec.2) A condition is a terminal condition only if the insurer accepts the doctor’s diagnosis of the terminal nature of the condition.","sortOrder":64},{"sectionNumber":"ch.1-pt.4-div.7","sectionType":"division","heading":"Rehabilitation","content":"## Rehabilitation","sortOrder":65},{"sectionNumber":"sec.40","sectionType":"section","heading":"Meaning of rehabilitation","content":"### sec.40 Meaning of rehabilitation\n\nRehabilitation , of a worker, is a process designed to—\nensure the worker’s earliest possible return to work; or\nmaximise the worker’s independent functioning.\nRehabilitation includes—\nnecessary and reasonable—\nsuitable duties programs; or\nservices provided by a registered person; or\nservices approved by an insurer; or\nthe provision of necessary and reasonable aids or equipment to the worker.\nThe purpose of rehabilitation is—\nto return the worker to the worker’s pre-injury duties; or\nif 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\nif paragraph (b) is not feasible—to return the worker, either temporarily or permanently, to other suitable duties with another employer; or\nif paragraphs (a) , (b) and (c) are not feasible—to maximise the worker’s independent functioning.\ns 40 sub 2005 No. 50 s 7\n(sec.40-ssec.1) Rehabilitation , of a worker, is a process designed to— ensure the worker’s earliest possible return to work; or maximise the worker’s independent functioning.\n(sec.40-ssec.2) Rehabilitation includes— necessary and reasonable— suitable duties programs; or services provided by a registered person; or services approved by an insurer; or the provision of necessary and reasonable aids or equipment to the worker.\n(sec.40-ssec.3) The purpose of rehabilitation is— to return the worker to the worker’s pre-injury duties; or 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 if paragraph (b) is not feasible—to return the worker, either temporarily or permanently, to other suitable duties with another employer; or if paragraphs (a) , (b) and (c) are not feasible—to maximise the worker’s independent functioning.\n- (a) ensure the worker’s earliest possible return to work; or\n- (b) maximise the worker’s independent functioning.\n- (a) necessary and reasonable— (i) suitable duties programs; or (ii) services provided by a registered person; or (iii) services approved by an insurer; or\n- (i) suitable duties programs; or\n- (ii) services provided by a registered person; or\n- (iii) services approved by an insurer; or\n- (b) the provision of necessary and reasonable aids or equipment to the worker.\n- (i) suitable duties programs; or\n- (ii) services provided by a registered person; or\n- (iii) services approved by an insurer; or\n- (a) to return the worker to the worker’s pre-injury duties; or\n- (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\n- (c) if paragraph (b) is not feasible—to return the worker, either temporarily or permanently, to other suitable duties with another employer; or\n- (d) if paragraphs (a) , (b) and (c) are not feasible—to maximise the worker’s independent functioning.","sortOrder":66},{"sectionNumber":"sec.41","sectionType":"section","heading":"Meaning of rehabilitation and return to work coordinator","content":"### sec.41 Meaning of rehabilitation and return to work coordinator\n\nA rehabilitation and return to work coordinator is a person who—\nis appropriately qualified to perform the functions of a rehabilitation and return to work coordinator under this Act; and\nhas the functions prescribed under a regulation.\nA 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.\ns 41 amd 2005 No. 50 s 3 sch\nsub 2005 No. 50 s 8\namd 2007 No. 52 s 5 ; 2013 No. 52 s 62 ; 2019 No. 33 s 37\n(sec.41-ssec.1) A rehabilitation and return to work coordinator is a person who— is appropriately qualified to perform the functions of a rehabilitation and return to work coordinator under this Act; and has the functions prescribed under a regulation.\n(sec.41-ssec.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.\n- (a) is appropriately qualified to perform the functions of a rehabilitation and return to work coordinator under this Act; and\n- (b) has the functions prescribed under a regulation.","sortOrder":67},{"sectionNumber":"sec.42","sectionType":"section","heading":"Meaning of suitable duties","content":"### sec.42 Meaning of suitable duties\n\nSuitable duties , in relation to a worker, are work duties for which the worker is suited having regard to the following matters—\nthe nature of the worker’s incapacity and pre-injury employment;\nrelevant medical information;\nthe rehabilitation and return to work plan for the worker as developed under section 221 ;\nthe provisions of the employer’s workplace rehabilitation policy and procedures;\nthe worker’s age, education, skills and work experience;\nif 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;\nany other relevant matters.\ns 42 amd 2005 No. 50 s 9 ; 2019 No. 33 s 38 ; 2024 No. 40 s 65 sch 1\n- (a) the nature of the worker’s incapacity and pre-injury employment;\n- (b) relevant medical information;\n- (c) the rehabilitation and return to work plan for the worker as developed under section 221 ;\n- (d) the provisions of the employer’s workplace rehabilitation policy and procedures;\n- (e) the worker’s age, education, skills and work experience;\n- (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;\n- (g) any other relevant matters.","sortOrder":68},{"sectionNumber":"sec.43","sectionType":"section","heading":"Meaning of workplace rehabilitation","content":"### sec.43 Meaning of workplace rehabilitation\n\nWorkplace rehabilitation is a system of rehabilitation that is initiated or managed by an employer.\ns 43 amd 2013 No. 52 s 114 sch 2 ; 2015 No. 13 s 23","sortOrder":69},{"sectionNumber":"sec.44","sectionType":"section","heading":"Meaning of workplace rehabilitation policy and procedures","content":"### sec.44 Meaning of workplace rehabilitation policy and procedures\n\nWorkplace rehabilitation policy and procedures are written policy and procedures for workplace rehabilitation.\ns 44 amd 2013 No. 52 s 114 sch 2 ; 2015 No. 13 s 24","sortOrder":70},{"sectionNumber":"sec.45","sectionType":"section","heading":"Meaning of accredited workplace","content":"### sec.45 Meaning of accredited workplace\n\nAn accredited workplace is a workplace that has workplace rehabilitation policy and procedures.","sortOrder":71},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Employer’s legal liability and preliminary obligations","content":"# Employer’s legal liability and preliminary obligations","sortOrder":72},{"sectionNumber":"sec.46","sectionType":"section","heading":"Employer’s legal liability","content":"### sec.46 Employer’s legal liability\n\nAn employer is legally liable for compensation for injury sustained by a worker employed by the employer.\nThis 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.\n(sec.46-ssec.1) An employer is legally liable for compensation for injury sustained by a worker employed by the employer.\n(sec.46-ssec.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.","sortOrder":73},{"sectionNumber":"sec.46A","sectionType":"section","heading":"Employer must not take action to avoid compensation process","content":"### sec.46A Employer must not take action to avoid compensation process\n\nAn employer must not give a benefit or cause detriment to a person if the reason is to influence a worker who has sustained an injury to refrain from—\nmaking an application for compensation for the injury; or\notherwise pursuing an entitlement to compensation for the injury.\nMaximum penalty—500 penalty units.\nIt does not matter if the reason is the only or main reason, as long as it is a substantial reason.\nAn employer gives a benefit to a person if the employer—\ngives or offers to give the worker or another person a financial or other benefit; or\ncauses or permits someone else to give or offer to give the worker or another person a financial or other benefit.\nAn employer causes detriment to a person if the employer causes detriment to the worker or another person.\ns 46A ins 2024 No. 40 s 29\n(sec.46A-ssec.1) An employer must not give a benefit or cause detriment to a person if the reason is to influence a worker who has sustained an injury to refrain from— making an application for compensation for the injury; or otherwise pursuing an entitlement to compensation for the injury. Maximum penalty—500 penalty units.\n(sec.46A-ssec.2) It does not matter if the reason is the only or main reason, as long as it is a substantial reason.\n(sec.46A-ssec.3) An employer gives a benefit to a person if the employer— gives or offers to give the worker or another person a financial or other benefit; or causes or permits someone else to give or offer to give the worker or another person a financial or other benefit.\n(sec.46A-ssec.4) An employer causes detriment to a person if the employer causes detriment to the worker or another person.\n- (a) making an application for compensation for the injury; or\n- (b) otherwise pursuing an entitlement to compensation for the injury.\n- (a) gives or offers to give the worker or another person a financial or other benefit; or\n- (b) causes or permits someone else to give or offer to give the worker or another person a financial or other benefit.","sortOrder":74},{"sectionNumber":"sec.46B","sectionType":"section","heading":"Employer must give worker information statement","content":"### sec.46B Employer must give worker information statement\n\nAn employer must, before or as soon as practicable after a worker starts employment, give the worker a statement providing information about the workers’ compensation scheme.\nMaximum penalty—50 penalty units.\nHowever, an employer need not give the statement to a worker if the statement has been given to the worker by the employer within the previous 12 months.\nThe statement, and the way in which it is given, must comply with any requirements prescribed by regulation.\ns 46B ins 2024 No. 40 s 29\n(sec.46B-ssec.1) An employer must, before or as soon as practicable after a worker starts employment, give the worker a statement providing information about the workers’ compensation scheme. Maximum penalty—50 penalty units.\n(sec.46B-ssec.2) However, an employer need not give the statement to a worker if the statement has been given to the worker by the employer within the previous 12 months.\n(sec.46B-ssec.3) The statement, and the way in which it is given, must comply with any requirements prescribed by regulation.","sortOrder":75},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Employer’s insurance requirements","content":"# Employer’s insurance requirements","sortOrder":76},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"General obligations","content":"## General obligations","sortOrder":77},{"sectionNumber":"sec.48","sectionType":"section","heading":"Employer’s obligation to insure","content":"### sec.48 Employer’s obligation to insure\n\nEvery 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—\nthe employer’s legal liability for compensation; and\nthe employer’s legal liability for damages.\nThe 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.\nThe employer’s liability must be provided for—\nunder a licence as a self-insurer under part 4 ; or\nunder a WorkCover policy.\nWorkCover must not issue more than 1 policy for each employer.\nHowever, if the employer is the State, WorkCover may issue 1 policy for each department of government.\n(sec.48-ssec.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— the employer’s legal liability for compensation; and the employer’s legal liability for damages.\n(sec.48-ssec.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.\n(sec.48-ssec.3) The employer’s liability must be provided for— under a licence as a self-insurer under part 4 ; or under a WorkCover policy.\n(sec.48-ssec.4) WorkCover must not issue more than 1 policy for each employer.\n(sec.48-ssec.5) However, if the employer is the State, WorkCover may issue 1 policy for each department of government.\n- (a) the employer’s legal liability for compensation; and\n- (b) the employer’s legal liability for damages.\n- (a) under a licence as a self-insurer under part 4 ; or\n- (b) under a WorkCover policy.","sortOrder":78},{"sectionNumber":"sec.49","sectionType":"section","heading":"Exemption if employer has other insurance","content":"### sec.49 Exemption if employer has other insurance\n\nWorkCover 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.\nTo exempt an employer, WorkCover must—\nbe satisfied that the employer’s workers will not be disadvantaged; and\nobtain advice from the Regulator that the exemption will not adversely affect the workers’ compensation scheme.\nIf an employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13 .\ns 49 amd 2013 No. 52 s 114 sch 2\n(sec.49-ssec.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.\n(sec.49-ssec.2) To exempt an employer, WorkCover must— be satisfied that the employer’s workers will not be disadvantaged; and obtain advice from the Regulator that the exemption will not adversely affect the workers’ compensation scheme.\n(sec.49-ssec.3) If an employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13 .\n- (a) be satisfied that the employer’s workers will not be disadvantaged; and\n- (b) obtain advice from the Regulator that the exemption will not adversely affect the workers’ compensation scheme.","sortOrder":79},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"Contravention of employer’s general obligation and associated provisions","content":"## Contravention of employer’s general obligation and associated provisions","sortOrder":80},{"sectionNumber":"sec.50","sectionType":"section","heading":"When an employer contravenes the general obligation to insure","content":"### sec.50 When an employer contravenes the general obligation to insure\n\nAn employer who is not a self-insurer contravenes section 48 if—\nwithin 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\nhaving 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—\nmaking at the time and in the way required every annual or other periodic return required for all workers employed by the employer;\npaying at the time and in the way required every premium payable for the policy or for its renewal for any year.\ns 50 amd 2004 No. 45 s 7 ; 2007 No. 52 s 6\n- (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\n- (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.\n- (i) making at the time and in the way required every annual or other periodic return required for all workers employed by the employer;\n- (ii) paying at the time and in the way required every premium payable for the policy or for its renewal for any year.\n- (i) making at the time and in the way required every annual or other periodic return required for all workers employed by the employer;\n- (ii) paying at the time and in the way required every premium payable for the policy or for its renewal for any year.","sortOrder":81},{"sectionNumber":"sec.51","sectionType":"section","heading":"Offence of contravening general obligation to insure","content":"### sec.51 Offence of contravening general obligation to insure\n\nAn employer must not contravene section 48 .\nMaximum penalty—500 penalty units.\nIt is a defence to prove that at the time of the alleged contravention—\nthe 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\nthe 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 .\nIn subsection (2) —\nworkers’ compensation cover means insurance or registration required under the law of a State in relation to liability for statutory workers’ compensation under that law.\ns 51 amd 2024 No. 40 s 31\n(sec.51-ssec.1) An employer must not contravene section 48 . Maximum penalty—500 penalty units.\n(sec.51-ssec.2) It is a defence to prove that at the time of the alleged contravention— 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 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 .\n(sec.51-ssec.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.\n- (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\n- (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 .","sortOrder":82},{"sectionNumber":"sec.52","sectionType":"section","heading":"Offence to charge worker for compensation or damages for injury","content":"### sec.52 Offence to charge worker for compensation or damages for injury\n\nA 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—\ncompensation for injury that is, or may be, sustained by the worker; or\ndamages for injury that is, or may be, sustained by the worker.\nMaximum penalty—300 penalty units.\ns 52 amd 2024 No. 40 s 32\n- (a) compensation for injury that is, or may be, sustained by the worker; or\n- (b) damages for injury that is, or may be, sustained by the worker.","sortOrder":83},{"sectionNumber":"sec.53","sectionType":"section","heading":"Recovery of unlawful charge for compensation or damages for injury","content":"### sec.53 Recovery of unlawful charge for compensation or damages for injury\n\nAn 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—\nthe person who took or received the amount; and\nif that person was acting for the worker’s employer in taking or receiving the money—the worker’s employer.\nA worker is not entitled to recover the amount more than once.\n(sec.53-ssec.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— the person who took or received the amount; and if that person was acting for the worker’s employer in taking or receiving the money—the worker’s employer.\n(sec.53-ssec.2) A worker is not entitled to recover the amount more than once.\n- (a) the person who took or received the amount; and\n- (b) if that person was acting for the worker’s employer in taking or receiving the money—the worker’s employer.","sortOrder":84},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Insurance under WorkCover policies generally","content":"# Insurance under WorkCover policies generally","sortOrder":85},{"sectionNumber":"ch.2-pt.3-div.1","sectionType":"division","heading":"Premium setting generally","content":"## Premium setting generally","sortOrder":86},{"sectionNumber":"sec.54","sectionType":"section","heading":"Setting of premium","content":"### sec.54 Setting of premium\n\nWorkCover must set the premium payable under a policy.\nThe 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.\nIf 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.\nWithout 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.\nBefore WorkCover publishes the gazette notice, it must notify the Minister of the proposed specification of method or rate.\nThe specification is subject to any direction the Minister may make under section 481 .\nAn assessment of premium must be made on the following basis—\nwages paid or estimated to be paid during the period of insurance—\nare taken to have been paid in equal weekly instalments during the period; or\nif 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;\nthe 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.\nAn employer to whom a premium notice is given must pay the premium as assessed by the due date.\nIf 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.\nIf an employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13 .\nIn this section—\nemployer’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.\nrelevant industry rate , in relation to an employer, means the industry or business classification rate applying to the industry or business classification—\nstated in the gazette notice under subsection (2) for the employer’s industry or business; or\nas decided by WorkCover under subsection (3) —for the industry or business that most closely describes the employer’s industry or business.\ns 54 amd 2009 No. 38 s 57 ; 2010 No. 24 s 4 ; 2013 No. 52 s 63\n(sec.54-ssec.1) WorkCover must set the premium payable under a policy.\n(sec.54-ssec.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.\n(sec.54-ssec.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.\n(sec.54-ssec.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.\n(sec.54-ssec.4) Before WorkCover publishes the gazette notice, it must notify the Minister of the proposed specification of method or rate.\n(sec.54-ssec.5) The specification is subject to any direction the Minister may make under section 481 .\n(sec.54-ssec.6) An assessment of premium must be made on the following basis— wages paid or estimated to be paid during the period of insurance— are taken to have been paid in equal weekly instalments during the period; or 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; 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.\n(sec.54-ssec.7) An employer to whom a premium notice is given must pay the premium as assessed by the due date.\n(sec.54-ssec.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.\n(sec.54-ssec.9) If an employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13 .\n(sec.54-ssec.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— stated in the gazette notice under subsection (2) for the employer’s industry or business; or as decided by WorkCover under subsection (3) —for the industry or business that most closely describes the employer’s industry or business.\n- (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;\n- (i) are taken to have been paid in equal weekly instalments during the period; or\n- (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;\n- (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.\n- (i) are taken to have been paid in equal weekly instalments during the period; or\n- (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;\n- (a) stated in the gazette notice under subsection (2) for the employer’s industry or business; or\n- (b) as decided by WorkCover under subsection (3) —for the industry or business that most closely describes the employer’s industry or business.","sortOrder":87},{"sectionNumber":"sec.55","sectionType":"section","heading":"Setting premium on change of ownership of business","content":"### sec.55 Setting premium on change of ownership of business\n\nThis 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.\nIn calculating the premium payable by the new employer, WorkCover may have regard to the claims experience of the business under the former employer.\nIn 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—\nif the new employer is an individual, whether the new employer is or was—\na partner of the former employer; or\nan officer or shareholder of the former employer; or\nan officer or shareholder of a related body corporate of the former employer;\nif the new employer is a partnership, whether any of the partners of the new employer is or was—\nan individual who was the former employer; or\na partner of the former employer; or\nan officer or shareholder of the former employer; or\nan officer or shareholder of a related body corporate of the former employer;\nif the new employer is a body corporate, whether the new employer is or was a related body corporate of the former employer;\nif the new employer is a body corporate, whether any of the officers or shareholders of the new employer is or was—\nan individual who was the former employer; or\na partner of the former employer; or\nan officer or shareholder of the former employer; or\nan officer or shareholder of a related body corporate of the former employer.\nHowever, subsection (2) applies only if the predominant industry activity of the business remains the same as under the former employer.\nIn this section—\nofficer has the meaning given by the Corporations Act .\n(sec.55-ssec.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.\n(sec.55-ssec.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.\n(sec.55-ssec.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— if the new employer is an individual, whether the new employer is or was— a partner of the former employer; or an officer or shareholder of the former employer; or an officer or shareholder of a related body corporate of the former employer; if the new employer is a partnership, whether any of the partners of the new employer is or was— an individual who was the former employer; or a partner of the former employer; or an officer or shareholder of the former employer; or an officer or shareholder of a related body corporate of the former employer; if the new employer is a body corporate, whether the new employer is or was a related body corporate of the former employer; if the new employer is a body corporate, whether any of the officers or shareholders of the new employer is or was— an individual who was the former employer; or a partner of the former employer; or an officer or shareholder of the former employer; or an officer or shareholder of a related body corporate of the former employer.\n(sec.55-ssec.4) However, subsection (2) applies only if the predominant industry activity of the business remains the same as under the former employer.\n(sec.55-ssec.5) In this section— officer has the meaning given by the Corporations Act .\n- (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;\n- (i) a partner of the former employer; or\n- (ii) an officer or shareholder of the former employer; or\n- (iii) an officer or shareholder of a related body corporate of the former employer;\n- (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;\n- (i) an individual who was the former employer; or\n- (ii) a partner of the former employer; or\n- (iii) an officer or shareholder of the former employer; or\n- (iv) an officer or shareholder of a related body corporate of the former employer;\n- (c) if the new employer is a body corporate, whether the new employer is or was a related body corporate of the former employer;\n- (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.\n- (i) an individual who was the former employer; or\n- (ii) a partner of the former employer; or\n- (iii) an officer or shareholder of the former employer; or\n- (iv) an officer or shareholder of a related body corporate of the former employer.\n- (i) a partner of the former employer; or\n- (ii) an officer or shareholder of the former employer; or\n- (iii) an officer or shareholder of a related body corporate of the former employer;\n- (i) an individual who was the former employer; or\n- (ii) a partner of the former employer; or\n- (iii) an officer or shareholder of the former employer; or\n- (iv) an officer or shareholder of a related body corporate of the former employer;\n- (i) an individual who was the former employer; or\n- (ii) a partner of the former employer; or\n- (iii) an officer or shareholder of the former employer; or\n- (iv) an officer or shareholder of a related body corporate of the former employer.","sortOrder":88},{"sectionNumber":"sec.56","sectionType":"section","heading":"Reassessment of premium for policy","content":"### sec.56 Reassessment of premium for policy\n\nThis section applies if in either the latest period of insurance for an employer’s policy or any of the 3 preceding periods of insurance—\nWorkCover has made an assessment for an employer’s policy for the period of insurance; and\nWorkCover considers that the assessment does not accurately reflect the employer’s liability under the Act for the period.\nWorkCover may reassess the premium for the period and issue a reassessment premium notice for the period.\nWorkCover must reassess the premium—\nfor any period starting on or after 1 July 2003—under this division; or\nfor any period between 1 July 1997 and 30 June 2003—under the repealed WorkCover Queensland Act 1996 ; or\nfor a period before 1 July 1997—under the repealed Workers’ Compensation Act 1990 .\nIf, 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.\nIf, 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.\nIf an employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13 .\nThis section does not limit another provision of this Act that—\nallows WorkCover to recover an amount, whether by way of penalty or otherwise; or\ncreates an offence for a contravention of this Act.\n(sec.56-ssec.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— WorkCover has made an assessment for an employer’s policy for the period of insurance; and WorkCover considers that the assessment does not accurately reflect the employer’s liability under the Act for the period.\n(sec.56-ssec.2) WorkCover may reassess the premium for the period and issue a reassessment premium notice for the period.\n(sec.56-ssec.3) WorkCover must reassess the premium— for any period starting on or after 1 July 2003—under this division; or for any period between 1 July 1997 and 30 June 2003—under the repealed WorkCover Queensland Act 1996 ; or for a period before 1 July 1997—under the repealed Workers’ Compensation Act 1990 .\n(sec.56-ssec.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.\n(sec.56-ssec.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.\n(sec.56-ssec.6) If an employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13 .\n(sec.56-ssec.7) This section does not limit another provision of this Act that— allows WorkCover to recover an amount, whether by way of penalty or otherwise; or creates an offence for a contravention of this Act.\n- (a) WorkCover has made an assessment for an employer’s policy for the period of insurance; and\n- (b) WorkCover considers that the assessment does not accurately reflect the employer’s liability under the Act for the period.\n- (a) for any period starting on or after 1 July 2003—under this division; or\n- (b) for any period between 1 July 1997 and 30 June 2003—under the repealed WorkCover Queensland Act 1996 ; or\n- (c) for a period before 1 July 1997—under the repealed Workers’ Compensation Act 1990 .\n- (a) allows WorkCover to recover an amount, whether by way of penalty or otherwise; or\n- (b) creates an offence for a contravention of this Act.","sortOrder":89},{"sectionNumber":"ch.2-pt.3-div.2","sectionType":"division","heading":"Assessments on contravention of general obligation to insure","content":"## Assessments on contravention of general obligation to insure","sortOrder":90},{"sectionNumber":"sec.57","sectionType":"section","heading":"Recovery of compensation and unpaid premium","content":"### sec.57 Recovery of compensation and unpaid premium\n\nThis section applies if an employer contravenes section 48 .\nWorkCover may recover from the employer—\nthe amount of unpaid premium together with a penalty equal to 100% of the unpaid premium; and\nif 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.\nThe employer may apply in writing to WorkCover to waive or reduce the penalty because of extenuating circumstances.\nThe application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case.\nWorkCover must consider the application and may—\nwaive or reduce the penalty; or\nrefuse to waive or reduce the penalty.\nIf the employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13 .\nIn this section—\nworker means a worker employed by the employer.\n(sec.57-ssec.1) This section applies if an employer contravenes section 48 .\n(sec.57-ssec.2) WorkCover may recover from the employer— the amount of unpaid premium together with a penalty equal to 100% of the unpaid premium; and 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.\n(sec.57-ssec.3) The employer may apply in writing to WorkCover to waive or reduce the penalty because of extenuating circumstances.\n(sec.57-ssec.4) The application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case.\n(sec.57-ssec.5) WorkCover must consider the application and may— waive or reduce the penalty; or refuse to waive or reduce the penalty.\n(sec.57-ssec.6) If the employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13 .\n(sec.57-ssec.7) In this section— worker means a worker employed by the employer.\n- (a) the amount of unpaid premium together with a penalty equal to 100% of the unpaid premium; and\n- (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.\n- (a) waive or reduce the penalty; or\n- (b) refuse to waive or reduce the penalty.","sortOrder":91},{"sectionNumber":"sec.58","sectionType":"section","heading":"Default assessment on reasonable suspicion","content":"### sec.58 Default assessment on reasonable suspicion\n\nThis section applies if WorkCover suspects on reasonable grounds that an employer has contravened section 48 .\nWorkCover may make a default assessment of premium based on the amounts WorkCover considers to be adequate cover.\nFor subsection (2) , WorkCover may have regard to—\nthe probable wages paid or to be paid by the employer during the period of insurance for which the default assessment is made; and\nthe nature of the employer’s industry or business.\nThe 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 .\nAs 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.\nThe employer may, by written notice given to WorkCover, object to the default assessment within 15 business days of receiving the premium notice.\nThe objection must specify the reasons that the employer considers the assessment is excessive.\nWorkCover must consider the objection and may—\nreassess the default assessment; or\nrefuse to reassess the default assessment.\nIf the employer is aggrieved by WorkCover’s decision under subsection (8) , the employer may have the decision reviewed under chapter 13 .\nIf 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.\nWorkCover may act under this section even if WorkCover knows the employer has contravened section 48 .\ns 58 amd 2004 No. 45 s 3 sch\n(sec.58-ssec.1) This section applies if WorkCover suspects on reasonable grounds that an employer has contravened section 48 .\n(sec.58-ssec.2) WorkCover may make a default assessment of premium based on the amounts WorkCover considers to be adequate cover.\n(sec.58-ssec.3) For subsection (2) , WorkCover may have regard to— the probable wages paid or to be paid by the employer during the period of insurance for which the default assessment is made; and the nature of the employer’s industry or business.\n(sec.58-ssec.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 .\n(sec.58-ssec.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.\n(sec.58-ssec.6) The employer may, by written notice given to WorkCover, object to the default assessment within 15 business days of receiving the premium notice.\n(sec.58-ssec.7) The objection must specify the reasons that the employer considers the assessment is excessive.\n(sec.58-ssec.8) WorkCover must consider the objection and may— reassess the default assessment; or refuse to reassess the default assessment.\n(sec.58-ssec.9) If the employer is aggrieved by WorkCover’s decision under subsection (8) , the employer may have the decision reviewed under chapter 13 .\n(sec.58-ssec.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.\n(sec.58-ssec.11) WorkCover may act under this section even if WorkCover knows the employer has contravened section 48 .\n- (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\n- (b) the nature of the employer’s industry or business.\n- (a) reassess the default assessment; or\n- (b) refuse to reassess the default assessment.","sortOrder":92},{"sectionNumber":"sec.59","sectionType":"section","heading":"Further assessment and recovery after payment of default assessment","content":"### sec.59 Further assessment and recovery after payment of default assessment\n\nPayment 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—\nif WorkCover considers that the assessment does not accurately reflect the employer’s liability under the Act for the period—reassessing the default assessment; and\nif 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 .\n- (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\n- (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 .","sortOrder":93},{"sectionNumber":"sec.60","sectionType":"section","heading":"Employer’s separate liabilities for 1 period of default","content":"### sec.60 Employer’s separate liabilities for 1 period of default\n\nFor any period an employer contravenes section 48 , the employer is liable—\nto a proceeding for an offence under section 51 ; and\nto 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 .\n- (a) to a proceeding for an offence under section 51 ; and\n- (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 .","sortOrder":94},{"sectionNumber":"ch.2-pt.3-div.3","sectionType":"division","heading":"Additional premiums","content":"## Additional premiums","sortOrder":95},{"sectionNumber":"sec.61","sectionType":"section","heading":"Additional premium payable if premium not paid","content":"### sec.61 Additional premium payable if premium not paid\n\nAn employer must pay WorkCover an additional premium calculated as prescribed under a regulation if—\nthe employer is given a premium notice; and\nthe employer does not pay WorkCover the amount specified in the notice on or before the due date.\nWorkCover may recover the amount of premium and additional premium payable to it by the employer.\nUntil 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.\n(sec.61-ssec.1) An employer must pay WorkCover an additional premium calculated as prescribed under a regulation if— the employer is given a premium notice; and the employer does not pay WorkCover the amount specified in the notice on or before the due date.\n(sec.61-ssec.2) WorkCover may recover the amount of premium and additional premium payable to it by the employer.\n(sec.61-ssec.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.\n- (a) the employer is given a premium notice; and\n- (b) the employer does not pay WorkCover the amount specified in the notice on or before the due date.","sortOrder":96},{"sectionNumber":"sec.62","sectionType":"section","heading":"Further additional premium payable after appeal to industrial magistrate","content":"### sec.62 Further additional premium payable after appeal to industrial magistrate\n\nAn employer must pay WorkCover an additional premium calculated as prescribed under a regulation if—\nthe employer’s liability in relation to an assessment has been decided by an industrial magistrate or the industrial court; and\nthe 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.\nWorkCover may recover the amount of the increase in assessment and additional premium payable to it by the employer.\nUntil 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.\ns 62 amd 2004 No. 45 s 3 sch\n(sec.62-ssec.1) An employer must pay WorkCover an additional premium calculated as prescribed under a regulation if— the employer’s liability in relation to an assessment has been decided by an industrial magistrate or the industrial court; and 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.\n(sec.62-ssec.2) WorkCover may recover the amount of the increase in assessment and additional premium payable to it by the employer.\n(sec.62-ssec.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.\n- (a) the employer’s liability in relation to an assessment has been decided by an industrial magistrate or the industrial court; and\n- (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.","sortOrder":97},{"sectionNumber":"sec.63","sectionType":"section","heading":"Additional premium for out-of-State workers","content":"### sec.63 Additional premium for out-of-State workers\n\nThis section applies if a worker’s employment is not completely performed in the State.\nWorkCover 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—\nproviding for compensation or damages payable for injury to the worker; and\ncovering the cost of administration of this Act in relation to the worker.\n(sec.63-ssec.1) This section applies if a worker’s employment is not completely performed in the State.\n(sec.63-ssec.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— providing for compensation or damages payable for injury to the worker; and covering the cost of administration of this Act in relation to the worker.\n- (a) providing for compensation or damages payable for injury to the worker; and\n- (b) covering the cost of administration of this Act in relation to the worker.","sortOrder":98},{"sectionNumber":"sec.63A","sectionType":"section","heading":"Additional premium for ch 6A","content":"### sec.63A Additional premium for ch 6A\n\nThis 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.\nWorkCover 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.\ns 63A ins 2017 No. 27 s 19\n(sec.63A-ssec.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.\n(sec.63A-ssec.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.","sortOrder":99},{"sectionNumber":"sec.63B","sectionType":"section","heading":"Additional premium for interns","content":"### sec.63B Additional premium for interns\n\nThis section applies if an employer has an intern.\nWorkCover may, from time to time, charge an additional premium on a policy issued to the employer in an amount that WorkCover considers necessary towards—\nproviding for compensation or damages payable for injury to the intern; and\ncovering the cost of administration of this Act in relation to the intern.\ns 63B ins 2019 No. 33 s 39\n(sec.63B-ssec.1) This section applies if an employer has an intern.\n(sec.63B-ssec.2) WorkCover may, from time to time, charge an additional premium on a policy issued to the employer in an amount that WorkCover considers necessary towards— providing for compensation or damages payable for injury to the intern; and covering the cost of administration of this Act in relation to the intern.\n- (a) providing for compensation or damages payable for injury to the intern; and\n- (b) covering the cost of administration of this Act in relation to the intern.","sortOrder":100},{"sectionNumber":"sec.64","sectionType":"section","heading":"WorkCover may waive or reduce additional premium","content":"### sec.64 WorkCover may waive or reduce additional premium\n\nThis section applies if an employer is liable to pay WorkCover an additional premium.\nThe employer may apply in writing to WorkCover to waive or reduce the additional premium because of extenuating circumstances.\nThe application must specify the extenuating circumstances and the reasons the additional premium should be waived or reduced in the particular case.\nWorkCover must consider the application and may—\nwaive or reduce the additional premium; or\nrefuse to waive or reduce the additional premium.\nIf the employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13 .\n(sec.64-ssec.1) This section applies if an employer is liable to pay WorkCover an additional premium.\n(sec.64-ssec.2) The employer may apply in writing to WorkCover to waive or reduce the additional premium because of extenuating circumstances.\n(sec.64-ssec.3) The application must specify the extenuating circumstances and the reasons the additional premium should be waived or reduced in the particular case.\n(sec.64-ssec.4) WorkCover must consider the application and may— waive or reduce the additional premium; or refuse to waive or reduce the additional premium.\n(sec.64-ssec.5) If the employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13 .\n- (a) waive or reduce the additional premium; or\n- (b) refuse to waive or reduce the additional premium.","sortOrder":101},{"sectionNumber":"ch.2-pt.3-div.4","sectionType":"division","heading":"Employer’s liability for excess period","content":"## Employer’s liability for excess period","sortOrder":102},{"sectionNumber":"sec.65","sectionType":"section","heading":"What is the excess period","content":"### sec.65 What is the excess period\n\nThe 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 .\nThe 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.\ns 65 sub 2004 No. 45 s 8\n(sec.65-ssec.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 .\n(sec.65-ssec.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.","sortOrder":103},{"sectionNumber":"sec.66","sectionType":"section","heading":"Employer’s liability for excess period","content":"### sec.66 Employer’s liability for excess period\n\nThis section applies to—\nan employer who has, or is required to have, accident insurance; and\na worker, other than a household worker employed by the employer, who sustains an injury for which compensation is payable.\nThe 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 the insurer for the excess period.\nThe insurer is not required to pay the compensation to the worker, subject to subsection (5) .\nIf the worker is employed by more than 1 employer when the worker sustains an injury, the amount under subsection (2) —\nmust be paid by the employer in whose employment the injury was sustained; and\nis the amount that relates to the amount payable to the worker under a contract with that employer.\nIf the employer fails to pay the amount to the worker within 10 business days after receiving notice from the insurer that the worker’s application for compensation has been allowed, the insurer must make the payment to the worker on the employer’s behalf.\nWorkCover may recover from the employer the amount of a payment made by it under subsection (5) together with a penalty equal to 50% of the payment—\nas a debt under section 580 ; or\nas an addition to a premium payable by the employer.\nThe employer may apply in writing to WorkCover to waive or reduce the penalty because of extenuating circumstances.\nThe application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case.\nWorkCover must consider the application and may—\nwaive or reduce the penalty; or\nrefuse to waive or reduce the penalty.\nIf the employer is dissatisfied with WorkCover’s decision, the employer may have the decision reviewed under chapter 13 .\nThis section does not limit section 50 .\nIn this section—\nhousehold worker means a person employed solely in and about, or in connection with, a private dwelling house or the grounds of the dwelling house.\ns 66 amd 2004 No. 45 ss 9 , 3 sch ; 2013 No. 29 s 73 ; 2019 No. 33 s 40\n(sec.66-ssec.1) This section applies to— an employer who has, or is required to have, accident insurance; and a worker, other than a household worker employed by the employer, who sustains an injury for which compensation is payable.\n(sec.66-ssec.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 the insurer for the excess period.\n(sec.66-ssec.3) The insurer is not required to pay the compensation to the worker, subject to subsection (5) .\n(sec.66-ssec.4) If the worker is employed by more than 1 employer when the worker sustains an injury, the amount under subsection (2) — must be paid by the employer in whose employment the injury was sustained; and is the amount that relates to the amount payable to the worker under a contract with that employer.\n(sec.66-ssec.5) If the employer fails to pay the amount to the worker within 10 business days after receiving notice from the insurer that the worker’s application for compensation has been allowed, the insurer must make the payment to the worker on the employer’s behalf.\n(sec.66-ssec.6) WorkCover may recover from the employer the amount of a payment made by it under subsection (5) together with a penalty equal to 50% of the payment— as a debt under section 580 ; or as an addition to a premium payable by the employer.\n(sec.66-ssec.7) The employer may apply in writing to WorkCover to waive or reduce the penalty because of extenuating circumstances.\n(sec.66-ssec.8) The application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case.\n(sec.66-ssec.9) WorkCover must consider the application and may— waive or reduce the penalty; or refuse to waive or reduce the penalty.\n(sec.66-ssec.10) If the employer is dissatisfied with WorkCover’s decision, the employer may have the decision reviewed under chapter 13 .\n(sec.66-ssec.11) This section does not limit section 50 .\n(sec.66-ssec.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.\n- (a) an employer who has, or is required to have, accident insurance; and\n- (b) a worker, other than a household worker employed by the employer, who sustains an injury for which compensation is payable.\n- (a) must be paid by the employer in whose employment the injury was sustained; and\n- (b) is the amount that relates to the amount payable to the worker under a contract with that employer.\n- (a) as a debt under section 580 ; or\n- (b) as an addition to a premium payable by the employer.\n- (a) waive or reduce the penalty; or\n- (b) refuse to waive or reduce the penalty.","sortOrder":104},{"sectionNumber":"sec.67","sectionType":"section","heading":"Employer may not insure against payment for the excess period","content":"### sec.67 Employer may not insure against payment for the excess period\n\nAn employer may not insure with WorkCover against the employer’s liability to pay for the excess period.\ns 67 sub 2010 No. 24 s 5","sortOrder":105},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Employer’s self-insurance","content":"# Employer’s self-insurance","sortOrder":106},{"sectionNumber":"ch.2-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":107},{"sectionNumber":"sec.68","sectionType":"section","heading":"What is self-insurance","content":"### sec.68 What is self-insurance\n\nSelf-insurance allows an employer, under a licence under this part, to provide their own accident insurance for their workers, instead of insuring with WorkCover.\nA 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.\nCertain functions and powers of WorkCover are provided to a self-insurer to enable the self-insurer to meet obligations in providing accident insurance.\nThe way the self-insurer performs the functions and exercises the powers is regulated by the Regulator.\ns 68 amd 2013 No. 52 s 114 sch 2\n(sec.68-ssec.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.\n(sec.68-ssec.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.\n(sec.68-ssec.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.\n(sec.68-ssec.4) The way the self-insurer performs the functions and exercises the powers is regulated by the Regulator.","sortOrder":108},{"sectionNumber":"ch.2-pt.4-div.1A","sectionType":"division","heading":"Local government self-insurers","content":"## Local government self-insurers","sortOrder":109},{"sectionNumber":"sec.68A","sectionType":"section","heading":"Self-insurance for local governments","content":"### sec.68A Self-insurance for local governments\n\nA local government self-insurer may, under the self-insurer’s licence, also cover councillors of a local government.\nIf 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.\nA local government self-insurer must, when advising councillors of its decision to cover them, also advise the Regulator of the decision.\ns 68A ins 2003 No. 85 s 24\namd 2013 No. 52 s 114 sch 2\n(sec.68A-ssec.1) A local government self-insurer may, under the self-insurer’s licence, also cover councillors of a local government.\n(sec.68A-ssec.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.\n(sec.68A-ssec.3) A local government self-insurer must, when advising councillors of its decision to cover them, also advise the Regulator of the decision.","sortOrder":110},{"sectionNumber":"sec.68B","sectionType":"section","heading":"Entitlements of local government councillors","content":"### sec.68B Entitlements of local government councillors\n\nA 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—\nattending meetings of the local government; or\nperforming any other duty of office as a councillor.\nThe councillor has, subject to this section—\nan entitlement to weekly payments of compensation under chapter 3 , part 9 , division 4 , subdivision 3 and division 5 , subdivision 1 ; and\nfor all other entitlements—the same entitlements to compensation as a worker.\nThe councillor is not covered for payment of damages for injury sustained by the councillor.\nIn the application of the definition injury to the councillor—\nthe activity mentioned in subsection (1) (a) or (b) is taken to be the councillor’s employment; and\nthe local government to which the councillor is elected or appointed is taken to be the councillor’s employer.\ns 68B ins 2003 No. 85 s 24\n(sec.68B-ssec.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— attending meetings of the local government; or performing any other duty of office as a councillor.\n(sec.68B-ssec.2) The councillor has, subject to this section— an entitlement to weekly payments of compensation under chapter 3 , part 9 , division 4 , subdivision 3 and division 5 , subdivision 1 ; and for all other entitlements—the same entitlements to compensation as a worker.\n(sec.68B-ssec.3) The councillor is not covered for payment of damages for injury sustained by the councillor.\n(sec.68B-ssec.4) In the application of the definition injury to the councillor— the activity mentioned in subsection (1) (a) or (b) is taken to be the councillor’s employment; and the local government to which the councillor is elected or appointed is taken to be the councillor’s employer.\n- (a) attending meetings of the local government; or\n- (b) performing any other duty of office as a councillor.\n- (a) an entitlement to weekly payments of compensation under chapter 3 , part 9 , division 4 , subdivision 3 and division 5 , subdivision 1 ; and\n- (b) for all other entitlements—the same entitlements to compensation as a worker.\n- (a) the activity mentioned in subsection (1) (a) or (b) is taken to be the councillor’s employment; and\n- (b) the local government to which the councillor is elected or appointed is taken to be the councillor’s employer.","sortOrder":111},{"sectionNumber":"sec.68C","sectionType":"section","heading":"Local government self-insurer’s liability for injury to councillors","content":"### sec.68C Local government self-insurer’s liability for injury to councillors\n\nIf 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 .\ns 68C ins 2003 No. 85 s 24","sortOrder":112},{"sectionNumber":"ch.2-pt.4-div.2","sectionType":"division","heading":"Issue and renewal of self-insurer’s licence","content":"## Issue and renewal of self-insurer’s licence","sortOrder":113},{"sectionNumber":"sec.69","sectionType":"section","heading":"Who may apply to be a self-insurer","content":"### sec.69 Who may apply to be a self-insurer\n\nThe following employers may apply to be licensed as a self-insurer—\na single employer;\na group employer.\nA body corporate may only apply as a single employer if no other related bodies corporate to which it is related employs workers in Queensland.\nA 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.\nThe Regulator may issue a licence to an employer only if the employer can satisfy the requirements stated in this part.\ns 69 amd 2013 No. 52 s 114 sch 2\n(sec.69-ssec.1) The following employers may apply to be licensed as a self-insurer— a single employer; a group employer.\n(sec.69-ssec.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.\n(sec.69-ssec.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.\n(sec.69-ssec.4) The Regulator may issue a licence to an employer only if the employer can satisfy the requirements stated in this part.\n- (a) a single employer;\n- (b) a group employer.","sortOrder":114},{"sectionNumber":"sec.70","sectionType":"section","heading":"How the application is made","content":"### sec.70 How the application is made\n\nThe application must—\nbe made to the Regulator in the approved form; and\nfor a group employer—be made by all the members of the group wanting to be licensed; and\nbe accompanied by the fee prescribed under a regulation.\ns 70 amd 2013 No. 52 s 114 sch 2\n- (a) be made to the Regulator in the approved form; and\n- (b) for a group employer—be made by all the members of the group wanting to be licensed; and\n- (c) be accompanied by the fee prescribed under a regulation.","sortOrder":115},{"sectionNumber":"sec.71","sectionType":"section","heading":"Issue or renewal of licence to a single employer","content":"### sec.71 Issue or renewal of licence to a single employer\n\nThe Regulator may issue or renew a licence to be a self-insurer to a single employer only if satisfied that—\nthe number of full-time workers employed in Queensland by the employer is at least 2,000; and\nthe employer’s occupational health and safety performance is satisfactory; and\nthe licence will cover all workers, employed in Queensland, of the employer; and\nthe employer has given the Regulator the security required under section 84 ; and\nthe employer has the reinsurance cover required under section 86 ; and\nall workplaces of the employer—\nare accredited workplaces; or\nif not accredited workplaces—\nare 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\nhave workplace rehabilitation policies and procedures; and\nthe employer is fit and proper to be a self-insurer.\nHowever, 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—\nspecial circumstances justify the issue or renewal of the licence; and\nthe employer can appropriately—\nperform the functions and exercise the powers of a self-insurer; and\nmeet the obligations of a self-insurer.\nWithout 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—\nthe employer—\nholds a current licence to be a self-insurer under the laws of 2 or more other jurisdictions; and\nhas 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;\nfor 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.\nIf, 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—\nthe employer held a licence (the former licence ) to be a self-insurer under this section within the previous 5 years; and\nthe former licence was not cancelled under this Act; and\nafter 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\nthe 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.\nAlso, 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) .\nFor 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.\nIn this section—\njurisdiction means the Commonwealth or a State.\ns 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\n(sec.71-ssec.1) The Regulator may issue or renew a licence to be a self-insurer to a single employer only if satisfied that— the number of full-time workers employed in Queensland by the employer is at least 2,000; and the employer’s occupational health and safety performance is satisfactory; and the licence will cover all workers, employed in Queensland, of the employer; and the employer has given the Regulator the security required under section 84 ; and the employer has the reinsurance cover required under section 86 ; and all workplaces of the employer— are accredited workplaces; or if not accredited workplaces— 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 have workplace rehabilitation policies and procedures; and the employer is fit and proper to be a self-insurer.\n(sec.71-ssec.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— special circumstances justify the issue or renewal of the licence; and the employer can appropriately— perform the functions and exercise the powers of a self-insurer; and meet the obligations of a self-insurer.\n(sec.71-ssec.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— the employer— holds a current licence to be a self-insurer under the laws of 2 or more other jurisdictions; and 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; 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.\n(sec.71-ssec.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— the employer held a licence (the former licence ) to be a self-insurer under this section within the previous 5 years; and the former licence was not cancelled under this Act; and 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 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.\n(sec.71-ssec.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) .\n(sec.71-ssec.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.\n(sec.71-ssec.7) In this section— jurisdiction means the Commonwealth or a State.\n- (a) the number of full-time workers employed in Queensland by the employer is at least 2,000; and\n- (c) the employer’s occupational health and safety performance is satisfactory; and\n- (d) the licence will cover all workers, employed in Queensland, of the employer; and\n- (e) the employer has given the Regulator the security required under section 84 ; and\n- (f) the employer has the reinsurance cover required under section 86 ; and\n- (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\n- (i) are accredited workplaces; or\n- (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\n- (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\n- (B) have workplace rehabilitation policies and procedures; and\n- (h) the employer is fit and proper to be a self-insurer.\n- (i) are accredited workplaces; or\n- (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\n- (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\n- (B) have workplace rehabilitation policies and procedures; and\n- (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\n- (B) have workplace rehabilitation policies and procedures; and\n- (a) special circumstances justify the issue or renewal of the licence; and\n- (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.\n- (i) perform the functions and exercise the powers of a self-insurer; and\n- (ii) meet the obligations of a self-insurer.\n- (i) perform the functions and exercise the powers of a self-insurer; and\n- (ii) meet the obligations of a self-insurer.\n- (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;\n- (i) holds a current licence to be a self-insurer under the laws of 2 or more other jurisdictions; and\n- (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;\n- (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.\n- (i) holds a current licence to be a self-insurer under the laws of 2 or more other jurisdictions; and\n- (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;\n- (a) the employer held a licence (the former licence ) to be a self-insurer under this section within the previous 5 years; and\n- (b) the former licence was not cancelled under this Act; and\n- (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\n- (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.","sortOrder":116},{"sectionNumber":"sec.72","sectionType":"section","heading":"Issue or renewal of licence to a group employer","content":"### sec.72 Issue or renewal of licence to a group employer\n\nThe Regulator may issue or renew a licence to be a self-insurer to a group employer only if satisfied that—\nthe applicant is a group employer; and\nthe combined number of full-time workers employed in Queensland by all members of the group is at least 2,000; and\nthe group employer’s occupational health and safety performance is satisfactory; and\nthe licence will cover all workers, employed in Queensland, of the group employer; and\nthe group employer has given the Regulator the security required under section 84 ; and\nthe group employer has the reinsurance cover required under section 86 ; and\nall workplaces of each member of the group—\nare accredited workplaces; or\nif not accredited workplaces—\nare 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\nhave workplace rehabilitation policies and procedures; and\nthe group employer is fit and proper to be a self-insurer.\nHowever, 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—\nspecial circumstances justify the issue or renewal of the licence; and\nthe employer can appropriately—\nperform the functions and exercise the powers of a self-insurer; and\nmeet the obligations of a self-insurer.\nWithout 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—\nthe employer—\nholds a current licence to be a self-insurer under the laws of 2 or more other jurisdictions; and\nhas 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;\nfor 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.\nFor 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.\nIn this section—\njurisdiction means the Commonwealth or a State.\ns 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\n(sec.72-ssec.1) The Regulator may issue or renew a licence to be a self-insurer to a group employer only if satisfied that— the applicant is a group employer; and the combined number of full-time workers employed in Queensland by all members of the group is at least 2,000; and the group employer’s occupational health and safety performance is satisfactory; and the licence will cover all workers, employed in Queensland, of the group employer; and the group employer has given the Regulator the security required under section 84 ; and the group employer has the reinsurance cover required under section 86 ; and all workplaces of each member of the group— are accredited workplaces; or if not accredited workplaces— 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 have workplace rehabilitation policies and procedures; and the group employer is fit and proper to be a self-insurer.\n(sec.72-ssec.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— special circumstances justify the issue or renewal of the licence; and the employer can appropriately— perform the functions and exercise the powers of a self-insurer; and meet the obligations of a self-insurer.\n(sec.72-ssec.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— the employer— holds a current licence to be a self-insurer under the laws of 2 or more other jurisdictions; and 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; 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.\n(sec.72-ssec.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.\n(sec.72-ssec.5) In this section— jurisdiction means the Commonwealth or a State.\n- (a) the applicant is a group employer; and\n- (b) the combined number of full-time workers employed in Queensland by all members of the group is at least 2,000; and\n- (d) the group employer’s occupational health and safety performance is satisfactory; and\n- (e) the licence will cover all workers, employed in Queensland, of the group employer; and\n- (f) the group employer has given the Regulator the security required under section 84 ; and\n- (g) the group employer has the reinsurance cover required under section 86 ; and\n- (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\n- (i) are accredited workplaces; or\n- (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\n- (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\n- (B) have workplace rehabilitation policies and procedures; and\n- (i) the group employer is fit and proper to be a self-insurer.\n- (i) are accredited workplaces; or\n- (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\n- (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\n- (B) have workplace rehabilitation policies and procedures; and\n- (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\n- (B) have workplace rehabilitation policies and procedures; and\n- (a) special circumstances justify the issue or renewal of the licence; and\n- (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.\n- (i) perform the functions and exercise the powers of a self-insurer; and\n- (ii) meet the obligations of a self-insurer.\n- (i) perform the functions and exercise the powers of a self-insurer; and\n- (ii) meet the obligations of a self-insurer.\n- (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;\n- (i) holds a current licence to be a self-insurer under the laws of 2 or more other jurisdictions; and\n- (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;\n- (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.\n- (i) holds a current licence to be a self-insurer under the laws of 2 or more other jurisdictions; and\n- (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;","sortOrder":117},{"sectionNumber":"sec.73","sectionType":"section","heading":"Calculation of the number of full-time workers","content":"### sec.73 Calculation of the number of full-time workers\n\nFor sections 71 (1) (a) , 71 (4) (d) and 72 (1) (b) , the number of full-time workers is calculated by—\ncalculating 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\ndividing the number of hours by 910.\nThe whole number resulting from the division is the number of full-time workers.\nThe continuous 6-month period is the period chosen by the applicant.\ns 73 amd 2013 No. 52 s 114 sch 2 ; 2016 No. 44 s 53 sch 1\n(sec.73-ssec.1) For sections 71 (1) (a) , 71 (4) (d) and 72 (1) (b) , the number of full-time workers is calculated by— 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 dividing the number of hours by 910.\n(sec.73-ssec.2) The whole number resulting from the division is the number of full-time workers.\n(sec.73-ssec.3) The continuous 6-month period is the period chosen by the applicant.\n- (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\n- (b) dividing the number of hours by 910.","sortOrder":118},{"sectionNumber":"sec.73A","sectionType":"section","heading":"Calculation of the number of full-time workers for local government self-insurers","content":"### sec.73A Calculation of the number of full-time workers for local government self-insurers\n\nTo 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) .\ns 73A ins 2003 No. 85 s 25","sortOrder":119},{"sectionNumber":"sec.74","sectionType":"section","heading":"Workers employed in Queensland","content":"### sec.74 Workers employed in Queensland\n\nFor sections 71 and 72 , a worker is employed in Queensland if the worker would have an entitlement for an injury under section 113 .","sortOrder":120},{"sectionNumber":"sec.75","sectionType":"section","heading":"Whether applicant fit and proper","content":"### sec.75 Whether applicant fit and proper\n\nThis 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.\nThe Regulator may consider any relevant matter and must consider the following matters—\nwhether the single employer or group employer is, and is likely to continue to be, able to meet its liabilities;\nthe 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;\nthe resources and systems that the single employer or group employer has in Queensland for administering claims for compensation and managing rehabilitation of workers;\nwhether the single employer or group employer will be able to give the information the Regulator may require in the way the Regulator may require;\nfor 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.\ns 75 amd 2003 No. 85 s 28 sch ; 2013 No. 52 s 114 sch 2\n(sec.75-ssec.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.\n(sec.75-ssec.2) The Regulator may consider any relevant matter and must consider the following matters— whether the single employer or group employer is, and is likely to continue to be, able to meet its liabilities; 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; the resources and systems that the single employer or group employer has in Queensland for administering claims for compensation and managing rehabilitation of workers; 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; 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.\n- (a) whether the single employer or group employer is, and is likely to continue to be, able to meet its liabilities;\n- (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;\n- (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;\n- (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;\n- (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.","sortOrder":121},{"sectionNumber":"sec.76","sectionType":"section","heading":"Audit of self-insurer","content":"### sec.76 Audit of self-insurer\n\nThe Regulator may carry out an audit of an applicant for self-insurance or a self-insurer to decide whether the applicant or self-insurer—\nsatisfies section 71 (other than subsection (1) (c) ) or 72 (other than subsection (1) (d) ); and\nis fit and proper under section 75 ; and\nsatisfies the conditions of the licence.\nThe Regulator may engage the services of a person who, in the Regulator’s opinion, has appropriate qualifications and experience to carry out the audit.\ns 76 amd 2010 No. 24 s 3 sch ; 2013 No. 52 s 114 sch 2\n(sec.76-ssec.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— satisfies section 71 (other than subsection (1) (c) ) or 72 (other than subsection (1) (d) ); and is fit and proper under section 75 ; and satisfies the conditions of the licence.\n(sec.76-ssec.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.\n- (a) satisfies section 71 (other than subsection (1) (c) ) or 72 (other than subsection (1) (d) ); and\n- (b) is fit and proper under section 75 ; and\n- (c) satisfies the conditions of the licence.","sortOrder":122},{"sectionNumber":"sec.77","sectionType":"section","heading":"Decision on application for the issue of a licence","content":"### sec.77 Decision on application for the issue of a licence\n\nThe Regulator must decide an application within 6 months of receiving it.\nIf the Regulator refuses an application for the issue of a licence, the Regulator must give the applicant a written notice stating—\nit has refused the application; and\nthe reasons for the refusal; and\nthe applicant may make a written submission to the Regulator in further support of the application.\nThe applicant may make a submission within 20 business days after the notice of refusal is given.\nThe 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.\nThe Regulator must advise the applicant of its decision under subsection (4) within 5 business days after the decision is made.\nIf the Regulator does not change its decision, it must advise the applicant that the applicant may appeal against the refusal under chapter 13 .\ns 77 amd 2004 No. 45 s 3 sch ; 2013 No. 52 s 114 sch 2\n(sec.77-ssec.1) The Regulator must decide an application within 6 months of receiving it.\n(sec.77-ssec.2) If the Regulator refuses an application for the issue of a licence, the Regulator must give the applicant a written notice stating— it has refused the application; and the reasons for the refusal; and the applicant may make a written submission to the Regulator in further support of the application.\n(sec.77-ssec.3) The applicant may make a submission within 20 business days after the notice of refusal is given.\n(sec.77-ssec.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.\n(sec.77-ssec.5) The Regulator must advise the applicant of its decision under subsection (4) within 5 business days after the decision is made.\n(sec.77-ssec.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 .\n- (a) it has refused the application; and\n- (b) the reasons for the refusal; and\n- (c) the applicant may make a written submission to the Regulator in further support of the application.","sortOrder":123},{"sectionNumber":"sec.78","sectionType":"section","heading":"Duration of licence","content":"### sec.78 Duration of licence\n\nA licence is issued for a period of 2 years.\nHowever, on an application for the renewal of a licence, the licence may be issued for a period of not more than 4 years.\nThe period of the licence must be stated in the licence.\ns 78 sub 2005 No. 50 s 12\n(sec.78-ssec.1) A licence is issued for a period of 2 years.\n(sec.78-ssec.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.\n(sec.78-ssec.3) The period of the licence must be stated in the licence.","sortOrder":124},{"sectionNumber":"sec.79","sectionType":"section","heading":"Renewal of licence","content":"### sec.79 Renewal of licence\n\nA licence may be renewed by application to the Regulator in the approved form.\nThe self-insurer must apply to the Regulator at least 60 business days before the current licence period ends.\nIf 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.\nIn considering an application, the Regulator must consider whether the self-insurer has—\ncomplied with this Act and the conditions of the licence; and\nacted reasonably in relation to the functions and powers under section 92 or 92A .\ns 79 amd 2003 No. 85 s 28 sch ; 2004 No. 45 s 3 sch ; 2013 No. 52 s 114 sch 2\n(sec.79-ssec.1) A licence may be renewed by application to the Regulator in the approved form.\n(sec.79-ssec.2) The self-insurer must apply to the Regulator at least 60 business days before the current licence period ends.\n(sec.79-ssec.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.\n(sec.79-ssec.4) In considering an application, the Regulator must consider whether the self-insurer has— complied with this Act and the conditions of the licence; and acted reasonably in relation to the functions and powers under section 92 or 92A .\n- (a) complied with this Act and the conditions of the licence; and\n- (b) acted reasonably in relation to the functions and powers under section 92 or 92A .","sortOrder":125},{"sectionNumber":"sec.80","sectionType":"section","heading":"Refusal of application for renewal of a licence","content":"### sec.80 Refusal of application for renewal of a licence\n\nThis section applies if the Regulator intends to refuse an application for the renewal of a licence.\nBefore refusing the application, the Regulator must give the applicant a written notice stating—\nit proposes to refuse the application; and\nthe reasons for the refusal; and\nthe applicant may make a written submission to the Regulator in further support of the application; and\na period, of at least 30 business days, at the end of which the refusal is to take effect (the review period ).\nThe applicant may make a submission within 15 business days after the notice is given.\nIf a submission is made, the Regulator must—\nconsider it; and\ndecide whether to accept or refuse the application.\nThe Regulator must advise the applicant of its decision before the end of the review period.\nIf 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.\nIf the Regulator refuses the application, it must advise the applicant that the applicant may appeal against the refusal under chapter 13 .\nDespite 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.\ns 80 amd 2004 No. 45 s 3 sch ; 2013 No. 52 s 114 sch 2\n(sec.80-ssec.1) This section applies if the Regulator intends to refuse an application for the renewal of a licence.\n(sec.80-ssec.2) Before refusing the application, the Regulator must give the applicant a written notice stating— it proposes to refuse the application; and the reasons for the refusal; and the applicant may make a written submission to the Regulator in further support of the application; and a period, of at least 30 business days, at the end of which the refusal is to take effect (the review period ).\n(sec.80-ssec.3) The applicant may make a submission within 15 business days after the notice is given.\n(sec.80-ssec.4) If a submission is made, the Regulator must— consider it; and decide whether to accept or refuse the application.\n(sec.80-ssec.5) The Regulator must advise the applicant of its decision before the end of the review period.\n(sec.80-ssec.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.\n(sec.80-ssec.7) If the Regulator refuses the application, it must advise the applicant that the applicant may appeal against the refusal under chapter 13 .\n(sec.80-ssec.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.\n- (a) it proposes to refuse the application; and\n- (b) the reasons for the refusal; and\n- (c) the applicant may make a written submission to the Regulator in further support of the application; and\n- (d) a period, of at least 30 business days, at the end of which the refusal is to take effect (the review period ).\n- (a) consider it; and\n- (b) decide whether to accept or refuse the application.","sortOrder":126},{"sectionNumber":"sec.81","sectionType":"section","heading":"Annual levy payable","content":"### sec.81 Annual levy payable\n\nA self-insurer must pay a levy for each financial year or part of a financial year of a licence.\nA regulation must prescribe the way the levy is calculated.\nThe levy is to be set at the rate specified by the Regulator and approved by the Minister for each financial year.\nThe Regulator must recommend the rate for each financial year to the Minister.\nThe Regulator must consult with the Minister before giving the recommendation.\nThe Regulator must publish the rate approved by the Minister in the gazette.\nThe Regulator must give a self-insurer written notice of the amount of the levy.\nThe self-insurer must pay the levy on or before the due date shown in the notice.\nIf 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 .\ns 81 amd 2004 No. 45 s 10 ; 2009 No. 38 s 58 ; 2013 No. 52 s 64\n(sec.81-ssec.1) A self-insurer must pay a levy for each financial year or part of a financial year of a licence.\n(sec.81-ssec.2) A regulation must prescribe the way the levy is calculated.\n(sec.81-ssec.3) The levy is to be set at the rate specified by the Regulator and approved by the Minister for each financial year.\n(sec.81-ssec.4) The Regulator must recommend the rate for each financial year to the Minister.\n(sec.81-ssec.5) The Regulator must consult with the Minister before giving the recommendation.\n(sec.81-ssec.6) The Regulator must publish the rate approved by the Minister in the gazette.\n(sec.81-ssec.7) The Regulator must give a self-insurer written notice of the amount of the levy.\n(sec.81-ssec.8) The self-insurer must pay the levy on or before the due date shown in the notice.\n(sec.81-ssec.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 .","sortOrder":127},{"sectionNumber":"sec.82","sectionType":"section","heading":"Additional amount payable if levy not paid","content":"### sec.82 Additional amount payable if levy not paid\n\nA self-insurer must pay the Regulator an additional amount calculated as prescribed under a regulation if—\nthe self-insurer is given written notice of the amount of the levy; and\nthe self-insurer does not pay the amount of levy specified in the notice on or before the due date.\nThe Regulator may recover the amount of levy and the additional amount payable to it by the self-insurer.\ns 82 amd 2013 No. 52 s 114 sch 2\n(sec.82-ssec.1) A self-insurer must pay the Regulator an additional amount calculated as prescribed under a regulation if— the self-insurer is given written notice of the amount of the levy; and the self-insurer does not pay the amount of levy specified in the notice on or before the due date.\n(sec.82-ssec.2) The Regulator may recover the amount of levy and the additional amount payable to it by the self-insurer.\n- (a) the self-insurer is given written notice of the amount of the levy; and\n- (b) the self-insurer does not pay the amount of levy specified in the notice on or before the due date.","sortOrder":128},{"sectionNumber":"sec.83","sectionType":"section","heading":"Conditions of licence","content":"### sec.83 Conditions of licence\n\nA licence may be subject to—\nthe conditions prescribed under a regulation; and\nany conditions, not inconsistent with this Act, imposed by the Regulator—\non the issue or renewal of a licence; or\nat any time during the period of the licence.\nSee also section 232ZI (3) .\nThe Regulator, by written notice to a self-insurer, may—\nimpose conditions on the licence; or\nimpose further conditions on the licence; or\nvary conditions imposed on the licence.\nA condition imposed is effective whether or not it is endorsed on the licence.\nA condition may be imposed in relation to a particular employer who is a member of a group employer.\ns 83 amd 2013 No. 52 s 114 sch 2 ; 2016 No. 44 s 53 sch 1\n(sec.83-ssec.1) A licence may be subject to— the conditions prescribed under a regulation; and any conditions, not inconsistent with this Act, imposed by the Regulator— on the issue or renewal of a licence; or at any time during the period of the licence. See also section 232ZI (3) .\n(sec.83-ssec.2) The Regulator, by written notice to a self-insurer, may— impose conditions on the licence; or impose further conditions on the licence; or vary conditions imposed on the licence.\n(sec.83-ssec.3) A condition imposed is effective whether or not it is endorsed on the licence.\n(sec.83-ssec.4) A condition may be imposed in relation to a particular employer who is a member of a group employer.\n- (a) the conditions prescribed under a regulation; and\n- (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.\n- (i) on the issue or renewal of a licence; or\n- (ii) at any time during the period of the licence.\n- (i) on the issue or renewal of a licence; or\n- (ii) at any time during the period of the licence.\n- (a) impose conditions on the licence; or\n- (b) impose further conditions on the licence; or\n- (c) vary conditions imposed on the licence.","sortOrder":129},{"sectionNumber":"sec.84","sectionType":"section","heading":"Security","content":"### sec.84 Security\n\nA self-insurer must lodge a security with the Regulator before the issue or renewal of a licence.\nThe security must be—\nin favour of WorkCover; and\n150% of the self-insurer’s estimated claims liability.\nAlso, if the security is a bank guarantee or financial guarantee, the security—\nmust be irrevocable and unconditional, including not being conditional on—\nanother right or obligation contained in another document; or\nWorkCover proving that a demand has been made; and\nmust be payable immediately on demand; and\nmust not be given by an entity that is a related body corporate to the self-insurer; and\nmust be satisfactory to the Regulator.\nThe estimated claims liability—\nmust be assessed annually by an actuary approved by the Regulator; and\nmust be calculated in the way prescribed under a regulation.\nThe security must remain in force or, if it is a cash deposit, the Regulator must hold the cash deposit—\nat all times during the period of the licence; and\nafter cancellation of the licence, as required by section 102 .\nThe 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.\nIf 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—\nnotify the Regulator of the matter without delay; and\nlodge another security under this section within 20 business days after the date of the notice given under paragraph (a) .\nIn this section—\napproved security provider means an approved security provider as defined under the Financial and Performance Management Standard 2009 , section 36 .\nbank guarantee means a guarantee given by a bank or the Queensland Treasury Corporation.\nestimated claims liability means the actuarial estimate of—\nthe liability for—\nclaims expected to arise in the 12 months after the assessment; and\nexisting claims incurred for which a self-insurer is liable under section 68C or 87 ; less\nthe total amount expected to be paid in the 12 months after the assessment.\nfinancial guarantee means a security given by an insurance company that is an approved security provider.\nsecurity means—\na bank guarantee; or\na financial guarantee; or\na cash deposit.\ns 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\n(sec.84-ssec.1) A self-insurer must lodge a security with the Regulator before the issue or renewal of a licence.\n(sec.84-ssec.2) The security must be— in favour of WorkCover; and 150% of the self-insurer’s estimated claims liability.\n(sec.84-ssec.3) Also, if the security is a bank guarantee or financial guarantee, the security— must be irrevocable and unconditional, including not being conditional on— another right or obligation contained in another document; or WorkCover proving that a demand has been made; and must be payable immediately on demand; and must not be given by an entity that is a related body corporate to the self-insurer; and must be satisfactory to the Regulator.\n(sec.84-ssec.4) The estimated claims liability— must be assessed annually by an actuary approved by the Regulator; and must be calculated in the way prescribed under a regulation.\n(sec.84-ssec.5) The security must remain in force or, if it is a cash deposit, the Regulator must hold the cash deposit— at all times during the period of the licence; and after cancellation of the licence, as required by section 102 .\n(sec.84-ssec.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.\n(sec.84-ssec.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— notify the Regulator of the matter without delay; and lodge another security under this section within 20 business days after the date of the notice given under paragraph (a) .\n(sec.84-ssec.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— the liability for— claims expected to arise in the 12 months after the assessment; and existing claims incurred for which a self-insurer is liable under section 68C or 87 ; less 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 bank guarantee; or a financial guarantee; or a cash deposit.\n- (a) in favour of WorkCover; and\n- (b) 150% of the self-insurer’s estimated claims liability.\n- (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\n- (i) another right or obligation contained in another document; or\n- (ii) WorkCover proving that a demand has been made; and\n- (b) must be payable immediately on demand; and\n- (c) must not be given by an entity that is a related body corporate to the self-insurer; and\n- (d) must be satisfactory to the Regulator.\n- (i) another right or obligation contained in another document; or\n- (ii) WorkCover proving that a demand has been made; and\n- (a) must be assessed annually by an actuary approved by the Regulator; and\n- (b) must be calculated in the way prescribed under a regulation.\n- (a) at all times during the period of the licence; and\n- (b) after cancellation of the licence, as required by section 102 .\n- (a) notify the Regulator of the matter without delay; and\n- (b) lodge another security under this section within 20 business days after the date of the notice given under paragraph (a) .\n- (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\n- (i) claims expected to arise in the 12 months after the assessment; and\n- (ii) existing claims incurred for which a self-insurer is liable under section 68C or 87 ; less\n- (b) the total amount expected to be paid in the 12 months after the assessment.\n- (i) claims expected to arise in the 12 months after the assessment; and\n- (ii) existing claims incurred for which a self-insurer is liable under section 68C or 87 ; less\n- (a) a bank guarantee; or\n- (b) a financial guarantee; or\n- (c) a cash deposit.","sortOrder":130},{"sectionNumber":"sec.85","sectionType":"section","heading":"Investing cash deposit","content":"### sec.85 Investing cash deposit\n\nThe Regulator may invest a cash deposit in an authorised investment decided by the Regulator.\nInterest on the deposit must be paid to the self-insurer at the end of each financial year.\nThe Regulator may deduct from the interest the reasonable costs of administering the investment.\nIn this section—\nauthorised investment means an investment authorised under the Statutory Bodies Financial Arrangements Act 1982 .\ns 85 amd 2013 No. 52 s 114 sch 2\n(sec.85-ssec.1) The Regulator may invest a cash deposit in an authorised investment decided by the Regulator.\n(sec.85-ssec.2) Interest on the deposit must be paid to the self-insurer at the end of each financial year.\n(sec.85-ssec.3) The Regulator may deduct from the interest the reasonable costs of administering the investment.\n(sec.85-ssec.4) In this section— authorised investment means an investment authorised under the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":131},{"sectionNumber":"sec.86","sectionType":"section","heading":"Reinsurance","content":"### sec.86 Reinsurance\n\nA self-insurer must, before the issue or renewal of a licence—\neffect, with an approved insurer, a contract of reinsurance of liabilities approved by the Regulator; and\ngive the Regulator a copy of the contract certified by the approved insurer.\nThe 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.\nThe 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.\nThe contract—\nmust be current for the period of the licence; and\nmust not be cancelled or varied by the self-insurer, or the approved insurer, without the Regulator’s consent.\nThe approved insurer must endorse the contract to the effect that it can not be cancelled or varied without the Regulator’s consent.\nIn this section—\napproved insurer means an insurer approved by the Australian Prudential Regulation Authority under the Insurance Act 1973 (Cwlth) .\nset limit means an amount of $1m or more set by the Regulator on application in the approved form by the self-insurer.\ns 86 amd 2010 No. 24 s 6 ; 2013 No. 52 s 114 sch 2\n(sec.86-ssec.1) A self-insurer must, before the issue or renewal of a licence— effect, with an approved insurer, a contract of reinsurance of liabilities approved by the Regulator; and give the Regulator a copy of the contract certified by the approved insurer.\n(sec.86-ssec.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.\n(sec.86-ssec.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.\n(sec.86-ssec.4) The contract— must be current for the period of the licence; and must not be cancelled or varied by the self-insurer, or the approved insurer, without the Regulator’s consent.\n(sec.86-ssec.5) The approved insurer must endorse the contract to the effect that it can not be cancelled or varied without the Regulator’s consent.\n(sec.86-ssec.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.\n- (a) effect, with an approved insurer, a contract of reinsurance of liabilities approved by the Regulator; and\n- (b) give the Regulator a copy of the contract certified by the approved insurer.\n- (a) must be current for the period of the licence; and\n- (b) must not be cancelled or varied by the self-insurer, or the approved insurer, without the Regulator’s consent.","sortOrder":132},{"sectionNumber":"sec.87","sectionType":"section","heading":"Self-insurer replaces WorkCover in liability for injury","content":"### sec.87 Self-insurer replaces WorkCover in liability for injury\n\nA self-insurer is liable, to the exclusion of WorkCover’s or another self-insurer’s liability—\nfor 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\nfor the following ( outstanding liability )—\ncompensation 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;\ncompensation 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;\ndamages 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.\nWorkCover must pay a self-insurer an amount for the self-insurer’s outstanding liability that is calculated under a regulation by an actuary.\n(sec.87-ssec.1) A self-insurer is liable, to the exclusion of WorkCover’s or another self-insurer’s liability— 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 for the following ( outstanding liability )— 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; 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; 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.\n(sec.87-ssec.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.\n- (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\n- (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.\n- (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;\n- (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;\n- (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.\n- (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;\n- (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;\n- (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.","sortOrder":133},{"sectionNumber":"sec.88","sectionType":"section","heading":"Liability of group employers","content":"### sec.88 Liability of group employers\n\nThe 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.\ns 88 amd 2003 No. 85 s 28 sch","sortOrder":134},{"sectionNumber":"ch.2-pt.4-div.3","sectionType":"division","heading":"Change to membership of self-insurer","content":"## Change to membership of self-insurer","sortOrder":135},{"sectionNumber":"sec.89","sectionType":"section","heading":"Change in self-insurer’s membership","content":"### sec.89 Change in self-insurer’s membership\n\nIf 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.\nThe Regulator must approve the application if it is satisfied that—\nthe self-insurer, after the change, meets the requirements for a licence for a group employer; and\nsatisfactory arrangements have been made in relation to the total liability of the member or members leaving.\nHowever, subsection (4) applies if—\nthe application is made by a self-insurer that is a related bodies corporate group employer; and\nwithin 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.\nThe 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—\nthe Regulator has decided to approve the section 69 application; or\nif 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.\ns 89 amd 2003 No. 85 s 28 sch ; 2013 No. 52 s 114 sch 2\n(sec.89-ssec.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.\n(sec.89-ssec.2) 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 satisfactory arrangements have been made in relation to the total liability of the member or members leaving.\n(sec.89-ssec.3) However, subsection (4) applies if— the application is made by a self-insurer that is a related bodies corporate group employer; and 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.\n(sec.89-ssec.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— the Regulator has decided to approve the section 69 application; or 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.\n- (a) the self-insurer, after the change, meets the requirements for a licence for a group employer; and\n- (b) satisfactory arrangements have been made in relation to the total liability of the member or members leaving.\n- (a) the application is made by a self-insurer that is a related bodies corporate group employer; and\n- (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.\n- (a) the Regulator has decided to approve the section 69 application; or\n- (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.","sortOrder":136},{"sectionNumber":"sec.90","sectionType":"section","heading":"Consequences of change in self-insurer’s membership","content":"### sec.90 Consequences of change in self-insurer’s membership\n\nIf 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.\nFor 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.\nIf 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.\nFor 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.\nIf 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.\nFor 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.\nIf 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.\nFor 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.\nThe total liability mentioned in subsection (1) , (3) , (5) or (7) must be—\ncalculated in the way prescribed under a regulation by an actuary approved by the Regulator; and\npaid within the time allowed under a regulation.\ns 90 amd 2013 No. 52 s 114 sch 2\n(sec.90-ssec.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.\n(sec.90-ssec.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.\n(sec.90-ssec.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.\n(sec.90-ssec.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.\n(sec.90-ssec.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.\n(sec.90-ssec.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.\n(sec.90-ssec.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.\n(sec.90-ssec.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.\n(sec.90-ssec.9) The total liability mentioned in subsection (1) , (3) , (5) or (7) must be— calculated in the way prescribed under a regulation by an actuary approved by the Regulator; and paid within the time allowed under a regulation.\n- (a) calculated in the way prescribed under a regulation by an actuary approved by the Regulator; and\n- (b) paid within the time allowed under a regulation.","sortOrder":137},{"sectionNumber":"sec.91","sectionType":"section","heading":"Continuation of membership in particular circumstances","content":"### sec.91 Continuation of membership in particular circumstances\n\nIf 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 .\ns 91 amd 2013 No. 52 s 114 sch 2","sortOrder":138},{"sectionNumber":"ch.2-pt.4-div.4","sectionType":"division","heading":"Powers, functions and obligations of self-insurers","content":"## Powers, functions and obligations of self-insurers","sortOrder":139},{"sectionNumber":"sec.92","sectionType":"section","heading":"Powers of self-insurers","content":"### sec.92 Powers of self-insurers\n\nA self-insurer has, in relation to the self-insurer’s workers—\nfor an injury sustained during the operation of this Act—the functions and powers set out under the following provisions—\nchapter 3 (other than sections 110 (5) , 133 , 136 and 170 (3) , and part 12 );\nchapter 4 (other than part 4 );\nchapter 4A ;\nchapter 5 (other than sections 280 , 300 and 306B );\nchapter 11 , parts 3 and 4 ; and\nfor 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—\nchapter 3 (other than sections 136 (5) , 160 , 163 and 188 (3) , and part 11 );\nchapter 4 (other than sections 235 (3) (a) , 237 (2) and 238 , and part 4 );\nchapter 5 (other than sections 284 , 306 and 319 );\nchapter 7 , parts 3 and 5 ; and\nfor 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—\npart 6 ;\npart 7 (other than sections 102 and 105 );\npart 11 (other than sections 186 and 187 ); and\nfor 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—\nsection 9 ;\nsection 9A ;\nsection 10 ;\nsection 11 ;\nsection 13A ;\nsection 14 (2) ;\nsection 14B (other than subsections (2) to (9) );\nsection 14D ;\nsection 16 ;\nschedule, sections 4 , 6 , 23 and 25 .\nTo 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.\nThe functions and powers must not be performed or exercised by WorkCover in relation to the self-insurer’s workers.\nA 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—\nfor 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;\nfor 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;\nfor an injury sustained during the operation of the Workers’ Compensation Act 1990 — sections 144 , 145 , 148 and 150 to 152 of that Act;\nfor an injury sustained during the operation of the Workers’ Compensation Act 1916 — section 14D of that Act.\nThe self-insurer must perform the functions and exercise the powers reasonably.\nIf 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 .\ns 92 amd 2004 No. 45 s 3 sch ; 2005 No. 50 s 13 ; 2016 No. 44 s 9\n(sec.92-ssec.1) A self-insurer has, in relation to the self-insurer’s workers— for an injury sustained during the operation of this Act—the functions and powers set out under the following provisions— chapter 3 (other than sections 110 (5) , 133 , 136 and 170 (3) , and part 12 ); chapter 4 (other than part 4 ); chapter 4A ; chapter 5 (other than sections 280 , 300 and 306B ); chapter 11 , parts 3 and 4 ; and 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— chapter 3 (other than sections 136 (5) , 160 , 163 and 188 (3) , and part 11 ); chapter 4 (other than sections 235 (3) (a) , 237 (2) and 238 , and part 4 ); chapter 5 (other than sections 284 , 306 and 319 ); chapter 7 , parts 3 and 5 ; and 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— part 6 ; part 7 (other than sections 102 and 105 ); part 11 (other than sections 186 and 187 ); and 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— section 9 ; section 9A ; section 10 ; section 11 ; section 13A ; section 14 (2) ; section 14B (other than subsections (2) to (9) ); section 14D ; section 16 ; schedule, sections 4 , 6 , 23 and 25 .\n(sec.92-ssec.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.\n(sec.92-ssec.3) The functions and powers must not be performed or exercised by WorkCover in relation to the self-insurer’s workers.\n(sec.92-ssec.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— 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; 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; for an injury sustained during the operation of the Workers’ Compensation Act 1990 — sections 144 , 145 , 148 and 150 to 152 of that Act; for an injury sustained during the operation of the Workers’ Compensation Act 1916 — section 14D of that Act.\n(sec.92-ssec.5) The self-insurer must perform the functions and exercise the powers reasonably.\n(sec.92-ssec.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 .\n- (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\n- (i) chapter 3 (other than sections 110 (5) , 133 , 136 and 170 (3) , and part 12 );\n- (ii) chapter 4 (other than part 4 );\n- (iii) chapter 4A ;\n- (iv) chapter 5 (other than sections 280 , 300 and 306B );\n- (v) chapter 11 , parts 3 and 4 ; and\n- (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\n- (i) chapter 3 (other than sections 136 (5) , 160 , 163 and 188 (3) , and part 11 );\n- (ii) chapter 4 (other than sections 235 (3) (a) , 237 (2) and 238 , and part 4 );\n- (iii) chapter 5 (other than sections 284 , 306 and 319 );\n- (iv) chapter 7 , parts 3 and 5 ; and\n- (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\n- (i) part 6 ;\n- (ii) part 7 (other than sections 102 and 105 );\n- (iii) part 11 (other than sections 186 and 187 ); and\n- (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 .\n- (i) section 9 ;\n- (ii) section 9A ;\n- (iii) section 10 ;\n- (iv) section 11 ;\n- (v) section 13A ;\n- (vi) section 14 (2) ;\n- (vii) section 14B (other than subsections (2) to (9) );\n- (viii) section 14D ;\n- (ix) section 16 ;\n- (x) schedule, sections 4 , 6 , 23 and 25 .\n- (i) chapter 3 (other than sections 110 (5) , 133 , 136 and 170 (3) , and part 12 );\n- (ii) chapter 4 (other than part 4 );\n- (iii) chapter 4A ;\n- (iv) chapter 5 (other than sections 280 , 300 and 306B );\n- (v) chapter 11 , parts 3 and 4 ; and\n- (i) chapter 3 (other than sections 136 (5) , 160 , 163 and 188 (3) , and part 11 );\n- (ii) chapter 4 (other than sections 235 (3) (a) , 237 (2) and 238 , and part 4 );\n- (iii) chapter 5 (other than sections 284 , 306 and 319 );\n- (iv) chapter 7 , parts 3 and 5 ; and\n- (i) part 6 ;\n- (ii) part 7 (other than sections 102 and 105 );\n- (iii) part 11 (other than sections 186 and 187 ); and\n- (i) section 9 ;\n- (ii) section 9A ;\n- (iii) section 10 ;\n- (iv) section 11 ;\n- (v) section 13A ;\n- (vi) section 14 (2) ;\n- (vii) section 14B (other than subsections (2) to (9) );\n- (viii) section 14D ;\n- (ix) section 16 ;\n- (x) schedule, sections 4 , 6 , 23 and 25 .\n- (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;\n- (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;\n- (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;\n- (d) for an injury sustained during the operation of the Workers’ Compensation Act 1916 — section 14D of that Act.","sortOrder":140},{"sectionNumber":"sec.92A","sectionType":"section","heading":"Powers of local government self-insurers","content":"### sec.92A Powers of local government self-insurers\n\nIf 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) .\nSection 92 (4) to (6) also applies to the self-insurer.\ns 92A ins 2003 No. 85 s 26\namd 2005 No. 50 s 3 sch ; 2016 No. 44 s 10\n(sec.92A-ssec.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) .\n(sec.92A-ssec.2) Section 92 (4) to (6) also applies to the self-insurer.","sortOrder":141},{"sectionNumber":"sec.93","sectionType":"section","heading":"Documents that must be kept by self-insurer","content":"### sec.93 Documents that must be kept by self-insurer\n\nA self-insurer must keep the following documents—\ndocuments relating to all claims made, including, for example, documents about—\na worker’s application for compensation; or\ncompensation paid for injury sustained by a worker; or\nmedical management of an injured worker; or\nrehabilitation of an injured worker;\ndocuments that may assist in assessing the quality and timeliness of the claims and rehabilitation management;\ndocuments that may assist in assessing the self-insurer’s financial situation;\nany other documents required to be kept under the conditions of the licence.\nA self-insurer may only dispose of a document required to be kept under subsection (1) with the Regulator’s written consent.\ns 93 amd 2013 No. 52 s 114 sch 2\n(sec.93-ssec.1) A self-insurer must keep the following documents— documents relating to all claims made, including, for example, documents about— a worker’s application for compensation; or compensation paid for injury sustained by a worker; or medical management of an injured worker; or rehabilitation of an injured worker; documents that may assist in assessing the quality and timeliness of the claims and rehabilitation management; documents that may assist in assessing the self-insurer’s financial situation; any other documents required to be kept under the conditions of the licence.\n(sec.93-ssec.2) A self-insurer may only dispose of a document required to be kept under subsection (1) with the Regulator’s written consent.\n- (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;\n- (i) a worker’s application for compensation; or\n- (ii) compensation paid for injury sustained by a worker; or\n- (iii) medical management of an injured worker; or\n- (iv) rehabilitation of an injured worker;\n- (b) documents that may assist in assessing the quality and timeliness of the claims and rehabilitation management;\n- (c) documents that may assist in assessing the self-insurer’s financial situation;\n- (d) any other documents required to be kept under the conditions of the licence.\n- (i) a worker’s application for compensation; or\n- (ii) compensation paid for injury sustained by a worker; or\n- (iii) medical management of an injured worker; or\n- (iv) rehabilitation of an injured worker;","sortOrder":142},{"sectionNumber":"sec.93A","sectionType":"section","heading":"Documents that must be kept by local government self-insurers","content":"### sec.93A Documents that must be kept by local government self-insurers\n\nIf 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.\ns 93A ins 2003 No. 85 s 27","sortOrder":143},{"sectionNumber":"sec.94","sectionType":"section","heading":"Documents must be given to Regulator on request","content":"### sec.94 Documents must be given to Regulator on request\n\nThe 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 .\nThe notice must state the documents required and state a time within which the documents must be given to the Regulator.\nThe self-insurer must comply with the notice, unless the self-insurer has a reasonable excuse.\ns 94 amd 2013 No. 52 s 114 sch 2\n(sec.94-ssec.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 .\n(sec.94-ssec.2) The notice must state the documents required and state a time within which the documents must be given to the Regulator.\n(sec.94-ssec.3) The self-insurer must comply with the notice, unless the self-insurer has a reasonable excuse.","sortOrder":144},{"sectionNumber":"ch.2-pt.4-div.5","sectionType":"division","heading":"Cancellation of self-insurer’s licence","content":"## Cancellation of self-insurer’s licence","sortOrder":145},{"sectionNumber":"sec.95","sectionType":"section","heading":"When licence may be cancelled","content":"### sec.95 When licence may be cancelled\n\nThe Regulator may cancel a licence if—\nany of the following persons contravenes this Act or a condition of the licence—\nthe self-insurer;\nfor a group employer—\na member employer of the group; or\nif the group employer is made up of related bodies corporate—1 of the related bodies corporate; or\nthe licence was issued because of a materially false or misleading representation or declaration (made either orally or in writing); or\nthe self-insurer decides not to renew the self-insurer’s licence.\ns 95 amd 2013 No. 52 s 114 sch 2\n- (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\n- (i) the self-insurer;\n- (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\n- (A) a member employer of the group; or\n- (B) if the group employer is made up of related bodies corporate—1 of the related bodies corporate; or\n- (b) the licence was issued because of a materially false or misleading representation or declaration (made either orally or in writing); or\n- (c) the self-insurer decides not to renew the self-insurer’s licence.\n- (i) the self-insurer;\n- (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\n- (A) a member employer of the group; or\n- (B) if the group employer is made up of related bodies corporate—1 of the related bodies corporate; or\n- (A) a member employer of the group; or\n- (B) if the group employer is made up of related bodies corporate—1 of the related bodies corporate; or","sortOrder":146},{"sectionNumber":"sec.96","sectionType":"section","heading":"Procedure for cancellation","content":"### sec.96 Procedure for cancellation\n\nIf the Regulator considers grounds exist to cancel a licence, the Regulator must give the self-insurer written notice—\nstating the grounds for the cancellation and outlining the facts and circumstances forming the basis for the grounds; and\ninviting the self-insurer to show, within a stated time of at least 20 business days, why the licence should not be cancelled.\nIf, 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.\nThe 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.\nThe notice under subsection (3) must state—\nthe reasons for the decision; and\nthat the self-insurer may appeal against the cancellation under chapter 13 .\nThe decision takes effect on the day stated in the notice.\nThe Regulator must record particulars of the cancellation.\ns 96 amd 2004 No. 45 s 3 sch ; 2013 No. 52 s 114 sch 2\n(sec.96-ssec.1) If the Regulator considers grounds exist to cancel a licence, the Regulator must give the self-insurer written notice— stating the grounds for the cancellation and outlining the facts and circumstances forming the basis for the grounds; and inviting the self-insurer to show, within a stated time of at least 20 business days, why the licence should not be cancelled.\n(sec.96-ssec.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.\n(sec.96-ssec.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.\n(sec.96-ssec.4) The notice under subsection (3) must state— the reasons for the decision; and that the self-insurer may appeal against the cancellation under chapter 13 .\n(sec.96-ssec.5) The decision takes effect on the day stated in the notice.\n(sec.96-ssec.6) The Regulator must record particulars of the cancellation.\n- (a) stating the grounds for the cancellation and outlining the facts and circumstances forming the basis for the grounds; and\n- (b) inviting the self-insurer to show, within a stated time of at least 20 business days, why the licence should not be cancelled.\n- (a) the reasons for the decision; and\n- (b) that the self-insurer may appeal against the cancellation under chapter 13 .","sortOrder":147},{"sectionNumber":"sec.97","sectionType":"section","heading":"Self-insurer may ask for cancellation","content":"### sec.97 Self-insurer may ask for cancellation\n\nA self-insurer may, by written notice, ask for cancellation of its licence.\nThe 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.\nCancellation takes effect—\nfrom the day specified in the self-insurer’s notice; or\nif another day is decided by the Regulator—from the other day.\ns 97 amd 2004 No. 45 s 3 sch ; 2013 No. 52 s 114 sch 2\n(sec.97-ssec.1) A self-insurer may, by written notice, ask for cancellation of its licence.\n(sec.97-ssec.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.\n(sec.97-ssec.3) Cancellation takes effect— from the day specified in the self-insurer’s notice; or if another day is decided by the Regulator—from the other day.\n- (a) from the day specified in the self-insurer’s notice; or\n- (b) if another day is decided by the Regulator—from the other day.","sortOrder":148},{"sectionNumber":"sec.98","sectionType":"section","heading":"Premium payable after cancellation","content":"### sec.98 Premium payable after cancellation\n\nIf 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.","sortOrder":149},{"sectionNumber":"sec.99","sectionType":"section","heading":"Transfer to WorkCover after cancellation","content":"### sec.99 Transfer to WorkCover after cancellation\n\nOther than as provided by section 100 , on cancellation of a licence—\nthe self-insurer’s functions and powers under section 92 or 92A end; and\nfor all applications for compensation held by the former self-insurer immediately before the cancellation—\nthe former self-insurer must immediately give WorkCover all documents relating to the applications; and\nWorkCover has all its functions and powers; and\nan application for compensation that, other than for this section, would have been lodged with the self-insurer, must be lodged with WorkCover; and\nWorkCover 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\nWorkCover has the rights, and assumes the obligations, of the self-insurer under the contract of reinsurance.\nMaximum penalty for paragraph (b) (i) —200 penalty units.\ns 99 amd 2003 No. 85 s 28 sch\n- (a) the self-insurer’s functions and powers under section 92 or 92A end; and\n- (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\n- (i) the former self-insurer must immediately give WorkCover all documents relating to the applications; and\n- (ii) WorkCover has all its functions and powers; and\n- (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\n- (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\n- (e) WorkCover has the rights, and assumes the obligations, of the self-insurer under the contract of reinsurance.\n- (i) the former self-insurer must immediately give WorkCover all documents relating to the applications; and\n- (ii) WorkCover has all its functions and powers; and","sortOrder":150},{"sectionNumber":"sec.100","sectionType":"section","heading":"Certain functions and powers may be held by former self-insurer after cancellation","content":"### sec.100 Certain functions and powers may be held by former self-insurer after cancellation\n\nThe 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.\nIf 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 .\nThe Regulator must give the former self-insurer written notice of the functions and powers continued.\nThe Regulator may impose conditions on the functions and powers continued.\nThe former self-insurer has the functions and powers as stated in the notice.\ns 100 amd 2003 No. 85 s 28 sch ; 2013 No. 52 s 114 sch 2\n(sec.100-ssec.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.\n(sec.100-ssec.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 .\n(sec.100-ssec.3) The Regulator must give the former self-insurer written notice of the functions and powers continued.\n(sec.100-ssec.4) The Regulator may impose conditions on the functions and powers continued.\n(sec.100-ssec.5) The former self-insurer has the functions and powers as stated in the notice.","sortOrder":151},{"sectionNumber":"sec.101","sectionType":"section","heading":"Recovery of ongoing costs from former self-insurer","content":"### sec.101 Recovery of ongoing costs from former self-insurer\n\nThis section applies if—\na licence is cancelled; and\nafter the cancellation, WorkCover—\npays compensation or damages for which a self-insurer is liable under section 68C or 87 ; or\nincurs management costs in managing compensation applications or damages actions for the compensation or damages mentioned in subparagraph (i) .\nThe compensation or damages payments and management costs—\nare a debt due to WorkCover by the former self-insurer; and\nare payable within 20 business days after WorkCover’s written demand for payment, or a further period allowed by WorkCover.\nWorkCover may recover the debt from the former self-insurer’s section 84 security if the former self-insurer—\nfails to pay the debt within the period; or\nauthorises WorkCover to do so in writing.\nIf 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.\nThe Regulator must make a decision about the release of the amount within 20 business days after being given the request.\nIn this section—\nmanagement costs means the reasonable costs of administering the former self-insurer’s claims.\ns 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\n(sec.101-ssec.1) This section applies if— a licence is cancelled; and after the cancellation, WorkCover— pays compensation or damages for which a self-insurer is liable under section 68C or 87 ; or incurs management costs in managing compensation applications or damages actions for the compensation or damages mentioned in subparagraph (i) .\n(sec.101-ssec.2) The compensation or damages payments and management costs— are a debt due to WorkCover by the former self-insurer; and are payable within 20 business days after WorkCover’s written demand for payment, or a further period allowed by WorkCover.\n(sec.101-ssec.3) WorkCover may recover the debt from the former self-insurer’s section 84 security if the former self-insurer— fails to pay the debt within the period; or authorises WorkCover to do so in writing.\n(sec.101-ssec.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.\n(sec.101-ssec.5) The Regulator must make a decision about the release of the amount within 20 business days after being given the request.\n(sec.101-ssec.6) In this section— management costs means the reasonable costs of administering the former self-insurer’s claims.\n- (a) a licence is cancelled; and\n- (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) .\n- (i) pays compensation or damages for which a self-insurer is liable under section 68C or 87 ; or\n- (ii) incurs management costs in managing compensation applications or damages actions for the compensation or damages mentioned in subparagraph (i) .\n- (i) pays compensation or damages for which a self-insurer is liable under section 68C or 87 ; or\n- (ii) incurs management costs in managing compensation applications or damages actions for the compensation or damages mentioned in subparagraph (i) .\n- (a) are a debt due to WorkCover by the former self-insurer; and\n- (b) are payable within 20 business days after WorkCover’s written demand for payment, or a further period allowed by WorkCover.\n- (a) fails to pay the debt within the period; or\n- (b) authorises WorkCover to do so in writing.","sortOrder":152},{"sectionNumber":"sec.102","sectionType":"section","heading":"Assessing liability after cancellation","content":"### sec.102 Assessing liability after cancellation\n\nThis section applies if a licence is cancelled.\nWorkCover must appoint an actuary to assess the former self-insurer’s liability under sections 68C and 87 (1) .\nThe amount of liability is the amount calculated under a regulation.\nThe amount of liability assessed and management costs—\nare a debt due to WorkCover by the former self-insurer; and\nare payable within 20 business days after the date of assessment, or a further period allowed by WorkCover.\nWithout 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.\nThe 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.\nIn this section—\nmanagement costs means the reasonable costs of—\nadministering the former self-insurer’s claims; and\nthe actuarial assessment of liability.\ns 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\n(sec.102-ssec.1) This section applies if a licence is cancelled.\n(sec.102-ssec.2) WorkCover must appoint an actuary to assess the former self-insurer’s liability under sections 68C and 87 (1) .\n(sec.102-ssec.3) The amount of liability is the amount calculated under a regulation.\n(sec.102-ssec.4) The amount of liability assessed and management costs— are a debt due to WorkCover by the former self-insurer; and are payable within 20 business days after the date of assessment, or a further period allowed by WorkCover.\n(sec.102-ssec.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.\n(sec.102-ssec.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.\n(sec.102-ssec.7) In this section— management costs means the reasonable costs of— administering the former self-insurer’s claims; and the actuarial assessment of liability.\n- (a) are a debt due to WorkCover by the former self-insurer; and\n- (b) are payable within 20 business days after the date of assessment, or a further period allowed by WorkCover.\n- (a) administering the former self-insurer’s claims; and\n- (b) the actuarial assessment of liability.","sortOrder":153},{"sectionNumber":"sec.103","sectionType":"section","heading":"Return of section 84 security after cancellation","content":"### sec.103 Return of section 84 security after cancellation\n\nThis section applies if—\na self-insurer’s licence is cancelled; and\nthe former self-insurer considers that all accrued, continuing, future and contingent liabilities of the self-insurer have been discharged or adequately provided for.\nThe former self-insurer may, by written notice, ask the Regulator to return the balance of the section 84 security.\nThe Regulator must, within 60 business days after being given the request—\nreturn the balance; or\nif 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.\nIf the Regulator refuses to return the balance, the former self-insurer may appeal under chapter 13 .\nIn this section—\nreturn includes relinquish.\ns 103 amd 2004 No. 45 s 3 sch ; 2013 No. 52 s 114 sch 2 ; 2016 No. 44 s 53 sch 1\n(sec.103-ssec.1) This section applies if— a self-insurer’s licence is cancelled; and the former self-insurer considers that all accrued, continuing, future and contingent liabilities of the self-insurer have been discharged or adequately provided for.\n(sec.103-ssec.2) The former self-insurer may, by written notice, ask the Regulator to return the balance of the section 84 security.\n(sec.103-ssec.3) The Regulator must, within 60 business days after being given the request— return the balance; or 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.\n(sec.103-ssec.4) If the Regulator refuses to return the balance, the former self-insurer may appeal under chapter 13 .\n(sec.103-ssec.5) In this section— return includes relinquish.\n- (a) a self-insurer’s licence is cancelled; and\n- (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.\n- (a) return the balance; or\n- (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.","sortOrder":154},{"sectionNumber":"sec.104","sectionType":"section","heading":"Contingency account","content":"### sec.104 Contingency account\n\nThe Regulator may establish and maintain a contingency account to meet any future liability against a former self-insurer.\nA regulation may prescribe that a specified percentage of the self-insurer’s annual levy may be paid to the account.\nPayments may be made from the contingency account if—\na self-insurer’s licence is cancelled; and\nthe former self-insurer’s section 84 security is exhausted or has been returned; and\nWorkCover is unable to recover claims costs from the former self-insurer.\ns 104 amd 2013 No. 52 s 114 sch 2 ; 2016 No. 44 s 53 sch 1\n(sec.104-ssec.1) The Regulator may establish and maintain a contingency account to meet any future liability against a former self-insurer.\n(sec.104-ssec.2) A regulation may prescribe that a specified percentage of the self-insurer’s annual levy may be paid to the account.\n(sec.104-ssec.3) Payments may be made from the contingency account if— a self-insurer’s licence is cancelled; and the former self-insurer’s section 84 security is exhausted or has been returned; and WorkCover is unable to recover claims costs from the former self-insurer.\n- (a) a self-insurer’s licence is cancelled; and\n- (b) the former self-insurer’s section 84 security is exhausted or has been returned; and\n- (c) WorkCover is unable to recover claims costs from the former self-insurer.","sortOrder":155},{"sectionNumber":"ch.2-pt.4-div.6","sectionType":"division","heading":"Self-insurers who become non-scheme employers","content":"## Self-insurers who become non-scheme employers","sortOrder":156},{"sectionNumber":"sec.105","sectionType":"section","heading":"Application of div 6","content":"### sec.105 Application of div 6\n\nThis division applies if a self-insurer becomes a non-scheme employer.\ns 105 prev s 105 om 2004 No. 45 s 13\npres s 105 ins 2005 No. 50 s 14","sortOrder":157},{"sectionNumber":"sec.105A","sectionType":"section","heading":"Non-scheme employer must give notice to Regulator","content":"### sec.105A Non-scheme employer must give notice to Regulator\n\nThe non-scheme employer must, by written notice, tell the Regulator that the non-scheme employer has become a non-scheme employer.\nThe 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.\nThe non-scheme employer must also tell the Regulator the exit date.\ns 105A ins 2005 No. 50 s 14\namd 2013 No. 52 s 114 sch 2\n(sec.105A-ssec.1) The non-scheme employer must, by written notice, tell the Regulator that the non-scheme employer has become a non-scheme employer.\n(sec.105A-ssec.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.\n(sec.105A-ssec.3) The non-scheme employer must also tell the Regulator the exit date.","sortOrder":158},{"sectionNumber":"sec.105B","sectionType":"section","heading":"Non-scheme employer continues to be self-insurer for 12 months","content":"### sec.105B Non-scheme employer continues to be self-insurer for 12 months\n\nThe 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) .\nFor subsection (1) , the self-insurer’s licence of the non-scheme employer (the continued licence ) continues until it is cancelled under section 105E .\nThe 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.\nThe 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.\ns 105B ins 2005 No. 50 s 14\n(sec.105B-ssec.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) .\n(sec.105B-ssec.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 .\n(sec.105B-ssec.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.\n(sec.105B-ssec.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.","sortOrder":159},{"sectionNumber":"sec.105C","sectionType":"section","heading":"Non-scheme employer continues to have obligation for rehabilitation","content":"### sec.105C Non-scheme employer continues to have obligation for rehabilitation\n\nSections 228 and 229 continue to apply to the non-scheme employer after the exit date for the injuries mentioned in section 105B (3) .\ns 105C ins 2005 No. 50 s 14","sortOrder":160},{"sectionNumber":"sec.105D","sectionType":"section","heading":"Regulator may impose conditions on continued licence","content":"### sec.105D Regulator may impose conditions on continued licence\n\nThe Regulator may, by written notice to the non-scheme employer, during the period of 12 months after the exit date—\nimpose conditions on the continued licence; or\nvary conditions imposed on the continued licence.\nThe non-scheme employer must comply with the conditions imposed on the continued licence.\nMaximum penalty for subsection (2) —1,000 penalty units.\ns 105D ins 2005 No. 50 s 14\namd 2013 No. 52 s 114 sch 2\n(sec.105D-ssec.1) The Regulator may, by written notice to the non-scheme employer, during the period of 12 months after the exit date— impose conditions on the continued licence; or vary conditions imposed on the continued licence.\n(sec.105D-ssec.2) The non-scheme employer must comply with the conditions imposed on the continued licence. Maximum penalty for subsection (2) —1,000 penalty units.\n- (a) impose conditions on the continued licence; or\n- (b) vary conditions imposed on the continued licence.","sortOrder":161},{"sectionNumber":"sec.105E","sectionType":"section","heading":"Cancellation of continued licence","content":"### sec.105E Cancellation of continued licence\n\nThe continued licence is cancelled on the day that is 12 months after the exit date.\ns 105E ins 2005 No. 50 s 14","sortOrder":162},{"sectionNumber":"sec.105F","sectionType":"section","heading":"Transfer to WorkCover after cancellation","content":"### sec.105F Transfer to WorkCover after cancellation\n\nOther than as provided by section 105G , on cancellation of the continued licence—\nthe non-scheme employer’s functions and powers as a self-insurer under section 92 or 92A end; and\nfor all applications for compensation held by the non-scheme employer immediately before the cancellation—\nthe non-scheme employer must immediately give WorkCover all documents relating to the applications; and\nWorkCover has all its functions and powers; and\nan 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\nWorkCover 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\nWorkCover has the rights, and assumes the obligations, of the non-scheme employer as a self-insurer under the contract of reinsurance.\nMaximum penalty for paragraph (b) (i) —200 penalty units.\ns 105F ins 2005 No. 50 s 14\n- (a) the non-scheme employer’s functions and powers as a self-insurer under section 92 or 92A end; and\n- (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\n- (i) the non-scheme employer must immediately give WorkCover all documents relating to the applications; and\n- (ii) WorkCover has all its functions and powers; and\n- (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\n- (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\n- (e) WorkCover has the rights, and assumes the obligations, of the non-scheme employer as a self-insurer under the contract of reinsurance.\n- (i) the non-scheme employer must immediately give WorkCover all documents relating to the applications; and\n- (ii) WorkCover has all its functions and powers; and","sortOrder":163},{"sectionNumber":"sec.105G","sectionType":"section","heading":"Particular functions and powers may be held by non-scheme employer after cancellation","content":"### sec.105G Particular functions and powers may be held by non-scheme employer after cancellation\n\nThe 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.\nIf 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 .\nThe Regulator must give the non-scheme employer written notice of the functions and powers continued.\nThe Regulator may impose conditions on the functions and powers continued.\nThe non-scheme employer has the functions and powers of a self-insurer as stated in the notice.\ns 105G ins 2005 No. 50 s 14\namd 2013 No. 52 s 114 sch 2\n(sec.105G-ssec.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.\n(sec.105G-ssec.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 .\n(sec.105G-ssec.3) The Regulator must give the non-scheme employer written notice of the functions and powers continued.\n(sec.105G-ssec.4) The Regulator may impose conditions on the functions and powers continued.\n(sec.105G-ssec.5) The non-scheme employer has the functions and powers of a self-insurer as stated in the notice.","sortOrder":164},{"sectionNumber":"sec.105H","sectionType":"section","heading":"Recovery of ongoing costs from non-scheme employer","content":"### sec.105H Recovery of ongoing costs from non-scheme employer\n\nThis section applies if, after the continued licence is cancelled, WorkCover—\npays compensation or damages for which the non-scheme employer is liable under section 68C or 87 ; or\nincurs management costs in managing compensation applications or damages actions for the compensation or damages mentioned in paragraph (a) .\nThe compensation or damages payments and management costs—\nare a debt due to WorkCover by the non-scheme employer; and\nare payable within 20 business days after WorkCover’s written demand for payment, or a further period allowed by WorkCover.\nWorkCover may recover the debt from the non-scheme employer’s section 84 security if the non-scheme employer—\nfails to pay the debt within the period; or\nauthorises WorkCover to do so in writing.\nIf 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.\nThe Regulator must make a decision about the release of the amount within 20 business days after being given the request.\nIn this section—\nmanagement costs means the reasonable costs of administering the claims for which the non-scheme employer is liable.\ns 105H ins 2005 No. 50 s 14\namd 2013 No. 52 s 66 ; 2016 No. 44 s 53 sch 1\n(sec.105H-ssec.1) This section applies if, after the continued licence is cancelled, WorkCover— pays compensation or damages for which the non-scheme employer is liable under section 68C or 87 ; or incurs management costs in managing compensation applications or damages actions for the compensation or damages mentioned in paragraph (a) .\n(sec.105H-ssec.2) The compensation or damages payments and management costs— are a debt due to WorkCover by the non-scheme employer; and are payable within 20 business days after WorkCover’s written demand for payment, or a further period allowed by WorkCover.\n(sec.105H-ssec.3) WorkCover may recover the debt from the non-scheme employer’s section 84 security if the non-scheme employer— fails to pay the debt within the period; or authorises WorkCover to do so in writing.\n(sec.105H-ssec.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.\n(sec.105H-ssec.5) The Regulator must make a decision about the release of the amount within 20 business days after being given the request.\n(sec.105H-ssec.6) In this section— management costs means the reasonable costs of administering the claims for which the non-scheme employer is liable.\n- (a) pays compensation or damages for which the non-scheme employer is liable under section 68C or 87 ; or\n- (b) incurs management costs in managing compensation applications or damages actions for the compensation or damages mentioned in paragraph (a) .\n- (a) are a debt due to WorkCover by the non-scheme employer; and\n- (b) are payable within 20 business days after WorkCover’s written demand for payment, or a further period allowed by WorkCover.\n- (a) fails to pay the debt within the period; or\n- (b) authorises WorkCover to do so in writing.","sortOrder":165},{"sectionNumber":"sec.105I","sectionType":"section","heading":"Assessing liability after cancellation","content":"### sec.105I Assessing liability after cancellation\n\nWorkCover must appoint an actuary to assess the non-scheme employer’s liability under section 105B (3) .\nThe amount of liability is the amount calculated under a regulation.\nThe amount of liability assessed and management costs—\nare a debt due to WorkCover by the non-scheme employer; and\nare payable within 20 business days after the date of assessment, or a further period allowed by WorkCover.\nWithout 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.\nThe 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.\nIn this section—\nmanagement costs means the reasonable costs of—\nadministering the claims for which the non-scheme employer is liable; and\nthe actuarial assessment of liability.\ns 105I ins 2005 No. 50 s 14\namd 2013 No. 52 s 114 sch 2 ; 2016 No. 44 s 53 sch 1\n(sec.105I-ssec.1) WorkCover must appoint an actuary to assess the non-scheme employer’s liability under section 105B (3) .\n(sec.105I-ssec.2) The amount of liability is the amount calculated under a regulation.\n(sec.105I-ssec.3) The amount of liability assessed and management costs— are a debt due to WorkCover by the non-scheme employer; and are payable within 20 business days after the date of assessment, or a further period allowed by WorkCover.\n(sec.105I-ssec.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.\n(sec.105I-ssec.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.\n(sec.105I-ssec.6) In this section— management costs means the reasonable costs of— administering the claims for which the non-scheme employer is liable; and the actuarial assessment of liability.\n- (a) are a debt due to WorkCover by the non-scheme employer; and\n- (b) are payable within 20 business days after the date of assessment, or a further period allowed by WorkCover.\n- (a) administering the claims for which the non-scheme employer is liable; and\n- (b) the actuarial assessment of liability.","sortOrder":166},{"sectionNumber":"sec.105J","sectionType":"section","heading":"Return of section 84 security after cancellation","content":"### sec.105J Return of section 84 security after cancellation\n\nThis 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.\nThe non-scheme employer may, by written notice, ask the Regulator to return the balance of the non-scheme employer’s section 84 security.\nThe Regulator must, within 60 business days after being given the request—\nreturn the balance; or\nif 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.\nIf the Regulator refuses to return the balance, the non-scheme employer may appeal under chapter 13 .\nIn this section—\nreturn includes relinquish.\ns 105J ins 2005 No. 50 s 14\namd 2013 No. 52 s 114 sch 2 ; 2016 No. 44 s 53 sch 1\n(sec.105J-ssec.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.\n(sec.105J-ssec.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.\n(sec.105J-ssec.3) The Regulator must, within 60 business days after being given the request— return the balance; or 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.\n(sec.105J-ssec.4) If the Regulator refuses to return the balance, the non-scheme employer may appeal under chapter 13 .\n(sec.105J-ssec.5) In this section— return includes relinquish.\n- (a) return the balance; or\n- (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.","sortOrder":167},{"sectionNumber":"ch.2-pt.4-div.7","sectionType":"division","heading":"Member of a group who becomes non-scheme employer","content":"## Member of a group who becomes non-scheme employer","sortOrder":168},{"sectionNumber":"sec.105K","sectionType":"section","heading":"Application of div 7","content":"### sec.105K Application of div 7\n\nThis division applies if a member of a group employer that is a self-insurer becomes a non-scheme employer (the non-scheme member ).\ns 105K ins 2005 No. 50 s 14","sortOrder":169},{"sectionNumber":"sec.105L","sectionType":"section","heading":"Self-insurer must give notice to Regulator","content":"### sec.105L Self-insurer must give notice to Regulator\n\nThe 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.\nThe 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.\nThe self-insurer must tell the Regulator the exit date of the non-scheme member.\nThe Regulator must consider whether the self-insurer, after the change, meets the requirements for a self-insurer’s licence for a group employer.\ns 105L ins 2005 No. 50 s 14\namd 2013 No. 52 s 114 sch 2\n(sec.105L-ssec.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.\n(sec.105L-ssec.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.\n(sec.105L-ssec.3) The self-insurer must tell the Regulator the exit date of the non-scheme member.\n(sec.105L-ssec.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.","sortOrder":170},{"sectionNumber":"sec.105M","sectionType":"section","heading":"Non-scheme member continues as member of self-insurer for 12 months","content":"### sec.105M Non-scheme member continues as member of self-insurer for 12 months\n\nThe 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) .\nThe 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.\ns 105M ins 2005 No. 50 s 14\n(sec.105M-ssec.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) .\n(sec.105M-ssec.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.","sortOrder":171},{"sectionNumber":"sec.105N","sectionType":"section","heading":"Non-scheme member continues to have obligation for rehabilitation","content":"### sec.105N Non-scheme member continues to have obligation for rehabilitation\n\nSections 228 and 229 continue to apply to the non-scheme member after the exit date for the injuries mentioned in section 105M (2) .\ns 105N ins 2005 No. 50 s 14","sortOrder":172},{"sectionNumber":"sec.105O","sectionType":"section","heading":"Consequences of member becoming non-scheme member","content":"### sec.105O Consequences of member becoming non-scheme member\n\nAt 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.\nFor 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.\nThe total liability must be—\ncalculated in the way prescribed under a regulation by an actuary approved by the Regulator; and\npaid within the time allowed under a regulation.\ns 105O ins 2005 No. 50 s 14\namd 2013 No. 52 s 114 sch 2\n(sec.105O-ssec.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.\n(sec.105O-ssec.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.\n(sec.105O-ssec.3) The total liability must be— calculated in the way prescribed under a regulation by an actuary approved by the Regulator; and paid within the time allowed under a regulation.\n- (a) calculated in the way prescribed under a regulation by an actuary approved by the Regulator; and\n- (b) paid within the time allowed under a regulation.","sortOrder":173},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":174},{"sectionNumber":"sec.106","sectionType":"section","heading":"Meaning of normal weekly earnings","content":"### sec.106 Meaning of normal weekly earnings\n\nNormal 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.\nIf 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.\nNormal weekly earnings are calculated as prescribed under a regulation.\n(sec.106-ssec.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.\n(sec.106-ssec.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.\n(sec.106-ssec.3) Normal weekly earnings are calculated as prescribed under a regulation.","sortOrder":175},{"sectionNumber":"ch.3-pt.1A","sectionType":"part","heading":"Entitlements to compensation under industrial instruments","content":"# Entitlements to compensation under industrial instruments","sortOrder":176},{"sectionNumber":"sec.107A","sectionType":"section","heading":"Definitions for pt 1A","content":"### sec.107A Definitions for pt 1A\n\nIn this part—\namount includes rate.\nIndustrial Act means—\nthe Industrial Relations Act 2016 ; or\nthe Fair Work Act 2009 (Cwlth) .\ns 107A def Industrial Act amd 2009 No. 49 s 76 ; 2016 No. 63 s 1157 sch 6\ns 107A ins 2004 No. 45 s 14\n- (a) the Industrial Relations Act 2016 ; or\n- (b) the Fair Work Act 2009 (Cwlth) .","sortOrder":177},{"sectionNumber":"sec.107B","sectionType":"section","heading":"Meaning of amount payable under an industrial instrument","content":"### sec.107B Meaning of amount payable under an industrial instrument\n\nAn amount payable , under an industrial instrument, to a worker is—\nif an amount has been approved by the Regulator under section 107E —the amount applying immediately before the worker became incapacitated; or\nif 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.\nIf 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.\nIf 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.\ns 107B ins 2004 No. 45 s 14\namd 2013 No. 52 s 114 sch 2\n(sec.107B-ssec.1) An amount payable , under an industrial instrument, to a worker is— if an amount has been approved by the Regulator under section 107E —the amount applying immediately before the worker became incapacitated; or 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.\n(sec.107B-ssec.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.\n(sec.107B-ssec.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.\n- (a) if an amount has been approved by the Regulator under section 107E —the amount applying immediately before the worker became incapacitated; or\n- (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.","sortOrder":178},{"sectionNumber":"sec.107C","sectionType":"section","heading":"Meaning of usual employment","content":"### sec.107C Meaning of usual employment\n\nA worker’s usual employment is the worker’s permanent position or classification of employment.\nHowever, 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.\nA 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.\ns 107C ins 2004 No. 45 s 14\n(sec.107C-ssec.1) A worker’s usual employment is the worker’s permanent position or classification of employment.\n(sec.107C-ssec.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. 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.","sortOrder":179},{"sectionNumber":"sec.107D","sectionType":"section","heading":"Entitlements to compensation under industrial instrument generally prohibited and void","content":"### sec.107D Entitlements to compensation under industrial instrument generally prohibited and void\n\nThe 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.\nThe 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.\nDespite 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.\nA 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.\ns 107D ins 2004 No. 45 s 14\namd 2013 No. 52 s 114 sch 2\n(sec.107D-ssec.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.\n(sec.107D-ssec.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.\n(sec.107D-ssec.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.\n(sec.107D-ssec.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.","sortOrder":180},{"sectionNumber":"sec.107E","sectionType":"section","heading":"Regulator may approve amount payable under industrial instrument","content":"### sec.107E Regulator may approve amount payable under industrial instrument\n\nThis 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.\nAn employer may, by written notice, ask the Regulator to approve the amount provided for in the industrial instrument for the purposes of section 107B .\nThe 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.\nIn deciding whether or not to approve the amount, the Regulator must have regard to—\nif 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\nin 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.\nThe Regulator must make a decision within 25 business days after it receives the request.\nIf the Regulator refuses to approve the amount, the employer may appeal under chapter 13 .\nIn this section—\nworkplace agreement means—\nan 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\nan individual division 2B state employment agreement under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth) .\ns 107E ins 2004 No. 45 s 14\namd 2006 No. 22 s 18 ; 2011 No. 4 s 65 ; 2013 No. 52 s 114 sch 2\n(sec.107E-ssec.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.\n(sec.107E-ssec.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 .\n(sec.107E-ssec.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.\n(sec.107E-ssec.4) In deciding whether or not to approve the amount, the Regulator must have regard to— 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 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.\n(sec.107E-ssec.5) The Regulator must make a decision within 25 business days after it receives the request.\n(sec.107E-ssec.6) If the Regulator refuses to approve the amount, the employer may appeal under chapter 13 .\n(sec.107E-ssec.7) In this section— workplace agreement means— 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 an individual division 2B state employment agreement under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth) .\n- (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\n- (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.\n- (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\n- (b) an individual division 2B state employment agreement under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth) .","sortOrder":181},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Compensation entitlements of workers generally","content":"# Compensation entitlements of workers generally","sortOrder":182},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":"General statement of entitlement","content":"## General statement of entitlement","sortOrder":183},{"sectionNumber":"sec.108","sectionType":"section","heading":"Compensation entitlement","content":"### sec.108 Compensation entitlement\n\nCompensation is payable under this Act for an injury sustained by a worker.\nHowever, 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.\nSee also division 5 in relation to the effect of compensation on a worker’s leave entitlements.\ns 108 amd 2006 No. 22 s 19 ; 2011 No. 18 s 406 ; 2013 No. 52 s 68\n(sec.108-ssec.1) Compensation is payable under this Act for an injury sustained by a worker.\n(sec.108-ssec.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. See also division 5 in relation to the effect of compensation on a worker’s leave entitlements.","sortOrder":184},{"sectionNumber":"sec.109","sectionType":"section","heading":"Who must pay compensation","content":"### sec.109 Who must pay compensation\n\nIf an employer is a self-insurer, the employer must pay the compensation.\nOtherwise, WorkCover must pay the compensation.\nAn employer who is not a self-insurer can not pay a worker an amount, either in compensation or instead of compensation, that is payable under the Act by WorkCover for an injury sustained by the worker.\nMaximum penalty—300 penalty units.\nAn employer who is a self-insurer can not pay a worker an amount, either in compensation or instead of compensation, that is payable under the Act by the employer as a self-insurer for an injury sustained by the worker.\nMaximum penalty—300 penalty units.\nHowever, an employer may pay a worker an amount, either in compensation or instead of compensation, that is payable under the Act by the employer as a self-insurer or WorkCover for an injury sustained by the worker if—\nthe worker has made an application for compensation under section 132 ; and\nthe employer has complied with section 133A .\nSubsection (5) applies only until the insurer has allowed a claimant’s application for compensation under section 134 .\nSubsections (2) and (3) are subject to section 66 .\ns 109 amd 2004 No. 45 s 15 ; 2005 No. 50 ss 15 , 3 sch ; 2019 No. 33 s 42 ; 2024 No. 40 s 33\n(sec.109-ssec.1) If an employer is a self-insurer, the employer must pay the compensation.\n(sec.109-ssec.2) Otherwise, WorkCover must pay the compensation.\n(sec.109-ssec.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 under the Act by WorkCover for an injury sustained by the worker. Maximum penalty—300 penalty units.\n(sec.109-ssec.4) An employer who is a self-insurer can not pay a worker an amount, either in compensation or instead of compensation, that is payable under the Act by the employer as a self-insurer for an injury sustained by the worker. Maximum penalty—300 penalty units.\n(sec.109-ssec.5) However, an employer may pay a worker an amount, either in compensation or instead of compensation, that is payable under the Act by the employer as a self-insurer or WorkCover for an injury sustained by the worker if— the worker has made an application for compensation under section 132 ; and the employer has complied with section 133A .\n(sec.109-ssec.6) Subsection (5) applies only until the insurer has allowed a claimant’s application for compensation under section 134 .\n(sec.109-ssec.7) Subsections (2) and (3) are subject to section 66 .\n- (a) the worker has made an application for compensation under section 132 ; and\n- (b) the employer has complied with section 133A .","sortOrder":185},{"sectionNumber":"sec.109A","sectionType":"section","heading":"When an employer contravenes obligation not to pay compensation payable by WorkCover","content":"### sec.109A When an employer contravenes obligation not to pay compensation payable by WorkCover\n\nThis section applies if an employer contravenes section 109 (3) .\nWorkCover 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.\nWorkCover may recover the amount from the employer—\nas a debt; or\nas an addition to a premium payable by the employer.\nThe employer may apply in writing to WorkCover to waive or reduce the penalty because of extenuating circumstances.\nThe application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case.\nWorkCover must consider the application and may—\nwaive or reduce the penalty; or\nrefuse to waive or reduce the penalty.\nIf the employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13 .\ns 109A ins 2004 No. 45 s 16\n(sec.109A-ssec.1) This section applies if an employer contravenes section 109 (3) .\n(sec.109A-ssec.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.\n(sec.109A-ssec.3) WorkCover may recover the amount from the employer— as a debt; or as an addition to a premium payable by the employer.\n(sec.109A-ssec.4) The employer may apply in writing to WorkCover to waive or reduce the penalty because of extenuating circumstances.\n(sec.109A-ssec.5) The application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case.\n(sec.109A-ssec.6) WorkCover must consider the application and may— waive or reduce the penalty; or refuse to waive or reduce the penalty.\n(sec.109A-ssec.7) If the employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13 .\n- (a) as a debt; or\n- (b) as an addition to a premium payable by the employer.\n- (a) waive or reduce the penalty; or\n- (b) refuse to waive or reduce the penalty.","sortOrder":186},{"sectionNumber":"sec.110","sectionType":"section","heading":"Compensation entitlement can not be relinquished, assigned or subject to execution","content":"### sec.110 Compensation entitlement can not be relinquished, assigned or subject to execution\n\nA worker or another person can not relinquish an entitlement to compensation for an injury sustained by the worker or the person.\nAn agreement made by the worker or the person purporting to relinquish the entitlement is of no force or effect.\nCompensation 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.\nSubsection (3) is subject to subsection (5) and section 170 (2) (b) .\nIf 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.\n(sec.110-ssec.1) A worker or another person can not relinquish an entitlement to compensation for an injury sustained by the worker or the person.\n(sec.110-ssec.2) An agreement made by the worker or the person purporting to relinquish the entitlement is of no force or effect.\n(sec.110-ssec.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.\n(sec.110-ssec.4) Subsection (3) is subject to subsection (5) and section 170 (2) (b) .\n(sec.110-ssec.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.","sortOrder":187},{"sectionNumber":"sec.111","sectionType":"section","heading":"Public trustee may act for claimant","content":"### sec.111 Public trustee may act for claimant\n\nIf 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.","sortOrder":188},{"sectionNumber":"sec.112","sectionType":"section","heading":"Public trustee may receive payments for minors","content":"### sec.112 Public trustee may receive payments for minors\n\nThis section applies if a person entitled to payment of lump sum compensation or a redemption payment is under 18 years.\nThe insurer liable to pay the compensation may pay the amount of the lump sum compensation or redemption payment to the public trustee.\n(sec.112-ssec.1) This section applies if a person entitled to payment of lump sum compensation or a redemption payment is under 18 years.\n(sec.112-ssec.2) The insurer liable to pay the compensation may pay the amount of the lump sum compensation or redemption payment to the public trustee.","sortOrder":189},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":"Entitlement according to jurisdiction","content":"## Entitlement according to jurisdiction","sortOrder":190},{"sectionNumber":"sec.113","sectionType":"section","heading":"Employment must be connected with State","content":"### sec.113 Employment must be connected with State\n\nCompensation under this Act is only payable in relation to employment that is connected with this State.\nThe 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.\nA worker’s employment is connected with—\nthe State in which the worker usually works in that employment; or\nif 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\nif 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.\nIn 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.\nIf no State is identified by subsection (3) or (if applicable) (4), a worker’s employment is connected with this State if—\nthe worker is in this State when the injury is sustained; and\nthere is no place outside Australia under the legislation of which the worker may be entitled to compensation for the same matter.\nIn 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.\nHowever, 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.\nCompensation 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.\nIn this section—\nState , in a geographical sense, includes a State’s relevant adjacent area as described in schedule 4 .\n(sec.113-ssec.1) Compensation under this Act is only payable in relation to employment that is connected with this State.\n(sec.113-ssec.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.\n(sec.113-ssec.3) A worker’s employment is connected with— the State in which the worker usually works in that employment; or 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 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.\n(sec.113-ssec.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.\n(sec.113-ssec.5) If no State is identified by subsection (3) or (if applicable) (4), a worker’s employment is connected with this State if— the worker is in this State when the injury is sustained; and there is no place outside Australia under the legislation of which the worker may be entitled to compensation for the same matter.\n(sec.113-ssec.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.\n(sec.113-ssec.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.\n(sec.113-ssec.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.\n(sec.113-ssec.9) In this section— State , in a geographical sense, includes a State’s relevant adjacent area as described in schedule 4 .\n- (a) the State in which the worker usually works in that employment; or\n- (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\n- (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.\n- (a) the worker is in this State when the injury is sustained; and\n- (b) there is no place outside Australia under the legislation of which the worker may be entitled to compensation for the same matter.","sortOrder":191},{"sectionNumber":"sec.114","sectionType":"section","heading":"Recognition of determination of State of connection in another State","content":"### sec.114 Recognition of determination of State of connection in another State\n\nIf 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.\nSubsection (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.\nSubsection (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) .\nIn this section—\ncorresponding law means the provisions of the statutory workers’ compensation scheme of another State that correspond with section 113 .\ndesignated court means—\nthe Supreme Court of a State in which a corresponding law is in force; or\na 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.\n(sec.114-ssec.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.\n(sec.114-ssec.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.\n(sec.114-ssec.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) .\n(sec.114-ssec.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— the Supreme Court of a State in which a corresponding law is in force; or 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.\n- (a) the Supreme Court of a State in which a corresponding law is in force; or\n- (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.","sortOrder":192},{"sectionNumber":"ch.3-pt.2-div.3","sectionType":"division","heading":"Overseas arrangements","content":"## Overseas arrangements","sortOrder":193},{"sectionNumber":"sec.115","sectionType":"section","heading":"Overseas arrangements","content":"### sec.115 Overseas arrangements\n\nIf—\nan 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\nat the time of the injury, the worker’s principal place of employment was in Queensland;\ncompensation is payable as if the injury were sustained in Queensland.\nIf—\nan injury is sustained by a worker in Queensland; and\nat the time of the injury, the worker’s principal place of employment was in another country;\ncompensation is not payable for the injury.\nFor this section, a worker’s principal place of employment is in a country if—\nthe worker usually works in that country; or\nfor a worker who usually works in more than 1 country—the employer’s principal place of business is in that country.\nIn 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.\nHowever, 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.\n(sec.115-ssec.1) If— 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 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.\n(sec.115-ssec.2) If— an injury is sustained by a worker in Queensland; and at the time of the injury, the worker’s principal place of employment was in another country; compensation is not payable for the injury.\n(sec.115-ssec.3) For this section, a worker’s principal place of employment is in a country if— the worker usually works in that country; or for a worker who usually works in more than 1 country—the employer’s principal place of business is in that country.\n(sec.115-ssec.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.\n(sec.115-ssec.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.\n- (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\n- (b) at the time of the injury, the worker’s principal place of employment was in Queensland;\n- (a) an injury is sustained by a worker in Queensland; and\n- (b) at the time of the injury, the worker’s principal place of employment was in another country;\n- (a) the worker usually works in that country; or\n- (b) for a worker who usually works in more than 1 country—the employer’s principal place of business is in that country.","sortOrder":194},{"sectionNumber":"ch.3-pt.2-div.4","sectionType":"division","heading":"Relationship of entitlement to other compensation","content":"## Relationship of entitlement to other compensation","sortOrder":195},{"sectionNumber":"sec.116","sectionType":"section","heading":"Effect on entitlement if compensated under corresponding laws","content":"### sec.116 Effect on entitlement if compensated under corresponding laws\n\nThis 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.\nThe person’s entitlement to compensation under this Act for the injury stops.\nHowever, 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 .\nPayments under any of the following schemes—\nthe scheme under the National Disability Insurance Scheme Act 2013 (Cwlth) ;\nthe scheme under the National Injury Insurance Scheme (Queensland) Act 2016 ;\na scheme corresponding to the scheme mentioned in paragraph (b) under a law of a place other than Queensland.\ns 116 amd 2016 No. 44 s 12\n(sec.116-ssec.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.\n(sec.116-ssec.2) The person’s entitlement to compensation under this Act for the injury stops.\n(sec.116-ssec.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 . Payments under any of the following schemes— the scheme under the National Disability Insurance Scheme Act 2013 (Cwlth) ; the scheme under the National Injury Insurance Scheme (Queensland) Act 2016 ; a scheme corresponding to the scheme mentioned in paragraph (b) under a law of a place other than Queensland.\n- (a) the scheme under the National Disability Insurance Scheme Act 2013 (Cwlth) ;\n- (b) the scheme under the National Injury Insurance Scheme (Queensland) Act 2016 ;\n- (c) a scheme corresponding to the scheme mentioned in paragraph (b) under a law of a place other than Queensland.","sortOrder":196},{"sectionNumber":"sec.117","sectionType":"section","heading":"Compensation recoverable if later paid under corresponding laws","content":"### sec.117 Compensation recoverable if later paid under corresponding laws\n\nThis section applies if, for an injury—\nan insurer has paid compensation under this Act to, or on account of, a person; and\nsubsequently 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.\nThe insurer may recover the amount paid as compensation under this Act from the person to whom, or on whose account, it was paid.\nHowever, 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 .\ns 117 amd 2016 No. 44 s 13\n(sec.117-ssec.1) This section applies if, for an injury— an insurer has paid compensation under this Act to, or on account of, a person; and 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.\n(sec.117-ssec.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.\n(sec.117-ssec.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 .\n- (a) an insurer has paid compensation under this Act to, or on account of, a person; and\n- (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.","sortOrder":197},{"sectionNumber":"sec.118","sectionType":"section","heading":"Condition on compensation application if compensation available under this Act and corresponding law","content":"### sec.118 Condition on compensation application if compensation available under this Act and corresponding law\n\nThis section applies if, for an injury, a person is entitled to—\npayment of compensation under this Act; and\npayment that corresponds to compensation payable under this Act under an entitlement under another law.\nAn 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—\na claim for payment for the injury under the entitlement under the other law has not been made; and\na claim mentioned in paragraph (a) will not be made.\nHowever, if the person’s entitlement under the other law relates only to payments corresponding to compensation under chapter 4A —\nsubsection (2) does not apply; and\nan 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—\nwhether or not the claimant has made a claim for payment for the injury under the entitlement under the other law; and\nif 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.\ns 118 amd 2016 No. 44 s 14\n(sec.118-ssec.1) This section applies if, for an injury, a person is entitled to— payment of compensation under this Act; and payment that corresponds to compensation payable under this Act under an entitlement under another law.\n(sec.118-ssec.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 claim for payment for the injury under the entitlement under the other law has not been made; and a claim mentioned in paragraph (a) will not be made.\n(sec.118-ssec.3) However, if the person’s entitlement under the other law relates only to payments corresponding to compensation under chapter 4A — subsection (2) does not apply; and 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— whether or not the claimant has made a claim for payment for the injury under the entitlement under the other law; and 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.\n- (a) payment of compensation under this Act; and\n- (b) payment that corresponds to compensation payable under this Act under an entitlement under another law.\n- (a) a claim for payment for the injury under the entitlement under the other law has not been made; and\n- (b) a claim mentioned in paragraph (a) will not be made.\n- (a) subsection (2) does not apply; and\n- (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.\n- (i) whether or not the claimant has made a claim for payment for the injury under the entitlement under the other law; and\n- (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.\n- (i) whether or not the claimant has made a claim for payment for the injury under the entitlement under the other law; and\n- (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.","sortOrder":198},{"sectionNumber":"sec.119","sectionType":"section","heading":"Entitlement to compensation ends if damages claim is finalised","content":"### sec.119 Entitlement to compensation ends if damages claim is finalised\n\nThis section applies if, for an injury, there is—\nan entitlement to compensation; and\nan entitlement to recover damages against an employer or another person.\nAn entitlement to compensation ends when settlement for damages is agreed or judgment for damages is given.\nHowever, an entitlement to compensation under chapter 4A for an injury ends only if—\nthe damages include treatment, care and support damages; and\nthe worker accepts the treatment, care and support damages within the acceptance period.\nTo 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.\nIn this section—\naccept , for treatment, care and support damages, see section 232U .\nacceptance period , for treatment, care and support damages, see section 232U .\ndamages includes damages under a legal liability existing independently of this Act, whether or not within the meaning of section 10 .\ns 119 amd 2016 No. 44 s 15\n(sec.119-ssec.1) This section applies if, for an injury, there is— an entitlement to compensation; and an entitlement to recover damages against an employer or another person.\n(sec.119-ssec.2) An entitlement to compensation ends when settlement for damages is agreed or judgment for damages is given.\n(sec.119-ssec.3) However, an entitlement to compensation under chapter 4A for an injury ends only if— the damages include treatment, care and support damages; and the worker accepts the treatment, care and support damages within the acceptance period.\n(sec.119-ssec.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.\n(sec.119-ssec.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 .\n- (a) an entitlement to compensation; and\n- (b) an entitlement to recover damages against an employer or another person.\n- (a) the damages include treatment, care and support damages; and\n- (b) the worker accepts the treatment, care and support damages within the acceptance period.","sortOrder":199},{"sectionNumber":"ch.3-pt.2-div.5","sectionType":"division","heading":"Compensation and leave entitlements","content":"## Compensation and leave entitlements","sortOrder":200},{"sectionNumber":"sec.119A","sectionType":"section","heading":"Compensation entitlement does not restrict taking or accrual of leave","content":"### sec.119A Compensation entitlement does not restrict taking or accrual of leave\n\nThis section applies to a worker who is entitled to compensation, including compensation payable as weekly payments.\nThe 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.\nIn relation to entitlements under the Fair Work Act 2009 (Cwlth) , this section removes the restriction under section 130 (1) of that Act.\ns 119A ins 2011 No. 18 s 407\n(sec.119A-ssec.1) This section applies to a worker who is entitled to compensation, including compensation payable as weekly payments.\n(sec.119A-ssec.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. In relation to entitlements under the Fair Work Act 2009 (Cwlth) , this section removes the restriction under section 130 (1) of that Act.","sortOrder":201},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Compensation entitlements of particular workers","content":"# Compensation entitlements of particular workers","sortOrder":202},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"Workers on ships","content":"## Workers on ships","sortOrder":203},{"sectionNumber":"sec.120","sectionType":"section","heading":"Application of div 1","content":"### sec.120 Application of div 1\n\nThis division applies to an injury sustained by a worker who was employed on a ship when the injury was sustained.","sortOrder":204},{"sectionNumber":"sec.121","sectionType":"section","heading":"Payment on account of workers on ships","content":"### sec.121 Payment on account of workers on ships\n\nCompensation 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.\nCompensation 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.\nCompensation payable for injury sustained by the worker must be paid in full, despite any limitation of liability prescribed by another law.\nSubsection (3) applies subject to section 116 .\n(sec.121-ssec.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.\n(sec.121-ssec.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.\n(sec.121-ssec.3) Compensation payable for injury sustained by the worker must be paid in full, despite any limitation of liability prescribed by another law.\n(sec.121-ssec.4) Subsection (3) applies subject to section 116 .","sortOrder":205},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":"Miners","content":"## Miners","sortOrder":206},{"sectionNumber":"sec.122","sectionType":"section","heading":"Application of div 2","content":"### sec.122 Application of div 2\n\nThis 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.","sortOrder":207},{"sectionNumber":"sec.123","sectionType":"section","heading":"Entitlements of miners","content":"### sec.123 Entitlements of miners\n\nThe worker is entitled to compensation only if subsection (2) or (3) applies.\nCompensation is payable for the injury if the worker—\nhas been continuously resident in the State during the 5 years immediately before—\nthe onset of incapacity due to the disease; or\ndeath due to the disease, if it happens without the onset of incapacity due to the disease; and\nduring 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.\nIf subsection (2) does not apply, compensation is payable for the injury if the worker—\nhas been resident in the State for periods totalling at least 5 years during the 7 years immediately before—\nthe onset of incapacity due to the disease; or\ndeath due to the disease, if it happens without the onset of incapacity due to the disease; and\nduring 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.\n(sec.123-ssec.1) The worker is entitled to compensation only if subsection (2) or (3) applies.\n(sec.123-ssec.2) Compensation is payable for the injury if the worker— has been continuously resident in the State during the 5 years immediately before— the onset of incapacity due to the disease; or death due to the disease, if it happens without the onset of incapacity due to the disease; and 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.\n(sec.123-ssec.3) If subsection (2) does not apply, compensation is payable for the injury if the worker— has been resident in the State for periods totalling at least 5 years during the 7 years immediately before— the onset of incapacity due to the disease; or death due to the disease, if it happens without the onset of incapacity due to the disease; and 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.\n- (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\n- (i) the onset of incapacity due to the disease; or\n- (ii) death due to the disease, if it happens without the onset of incapacity due to the disease; and\n- (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.\n- (i) the onset of incapacity due to the disease; or\n- (ii) death due to the disease, if it happens without the onset of incapacity due to the disease; and\n- (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\n- (i) the onset of incapacity due to the disease; or\n- (ii) death due to the disease, if it happens without the onset of incapacity due to the disease; and\n- (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.\n- (i) the onset of incapacity due to the disease; or\n- (ii) death due to the disease, if it happens without the onset of incapacity due to the disease; and","sortOrder":208},{"sectionNumber":"ch.3-pt.3-div.3","sectionType":"division","heading":"Workers with industrial deafness","content":"## Workers with industrial deafness","sortOrder":209},{"sectionNumber":"sec.124","sectionType":"section","heading":"Application of div 3","content":"### sec.124 Application of div 3\n\nThis division applies to a worker who has sustained an injury that is industrial deafness.","sortOrder":210},{"sectionNumber":"sec.125","sectionType":"section","heading":"Entitlements for industrial deafness","content":"### sec.125 Entitlements for industrial deafness\n\nThe 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.\nThe application for compensation for industrial deafness must be made—\nwhile the claimant is a worker under this Act; or\nif the claimant would ordinarily be a worker under this Act but is temporarily unemployed; or\nwithin 12 months after the claimant’s formal retirement from employment.\nThe 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—\nhas been employed in an industry in the State for a period of, or for periods totalling, at least 5 years; and\nthe employment was at a location, or at locations, where the noise level was a significant contributing factor to the industrial deafness.\nThe worker is not entitled to lump sum compensation for the first 5% of the worker’s diminution of hearing.\nThe insurer must ask that the worker’s degree of permanent impairment resulting from the diminution of hearing be assessed under section 179 .\n(sec.125-ssec.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.\n(sec.125-ssec.2) The application for compensation for industrial deafness must be made— while the claimant is a worker under this Act; or if the claimant would ordinarily be a worker under this Act but is temporarily unemployed; or within 12 months after the claimant’s formal retirement from employment.\n(sec.125-ssec.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— has been employed in an industry in the State for a period of, or for periods totalling, at least 5 years; and the employment was at a location, or at locations, where the noise level was a significant contributing factor to the industrial deafness.\n(sec.125-ssec.4) The worker is not entitled to lump sum compensation for the first 5% of the worker’s diminution of hearing.\n(sec.125-ssec.5) The insurer must ask that the worker’s degree of permanent impairment resulting from the diminution of hearing be assessed under section 179 .\n- (a) while the claimant is a worker under this Act; or\n- (b) if the claimant would ordinarily be a worker under this Act but is temporarily unemployed; or\n- (c) within 12 months after the claimant’s formal retirement from employment.\n- (a) has been employed in an industry in the State for a period of, or for periods totalling, at least 5 years; and\n- (b) the employment was at a location, or at locations, where the noise level was a significant contributing factor to the industrial deafness.","sortOrder":211},{"sectionNumber":"sec.126","sectionType":"section","heading":"Further application for compensation for industrial deafness","content":"### sec.126 Further application for compensation for industrial deafness\n\nThis section applies if a worker has lodged an application for compensation for industrial deafness.\nThe 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.\nThe worker is entitled to further lump sum compensation if the worker has sustained a further diminution of hearing of more than 1%.\nThe further application must be decided under section 125 .\n(sec.126-ssec.1) This section applies if a worker has lodged an application for compensation for industrial deafness.\n(sec.126-ssec.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.\n(sec.126-ssec.3) The worker is entitled to further lump sum compensation if the worker has sustained a further diminution of hearing of more than 1%.\n(sec.126-ssec.4) The further application must be decided under section 125 .","sortOrder":212},{"sectionNumber":"sec.127","sectionType":"section","heading":null,"content":"### Section sec.127\n\ns 127 om 2013 No. 52 s 5 (retro)","sortOrder":213},{"sectionNumber":"sec.128","sectionType":"section","heading":null,"content":"### Section sec.128\n\ns 128 om 2013 No. 52 s 5 (retro)","sortOrder":214},{"sectionNumber":"ch.3-pt.3-div.4","sectionType":"division","heading":"Workers with latent onset injuries that are terminal conditions","content":"## Workers with latent onset injuries that are terminal conditions","sortOrder":215},{"sectionNumber":"sec.128A","sectionType":"section","heading":"Application of div 4","content":"### sec.128A Application of div 4\n\nThis division applies to a worker if a latent onset injury sustained by the worker is a terminal condition.\ns 128A ins 2005 No. 50 s 16\namd 2013 No. 52 s 7 (retro)","sortOrder":216},{"sectionNumber":"sec.128B","sectionType":"section","heading":"Entitlements of worker with terminal condition","content":"### sec.128B Entitlements of worker with terminal condition\n\nThe worker is entitled to compensation for the latent onset injury calculated only under this division.\nThe worker is entitled to lump sum compensation equal to the sum of the following amounts—\n216.15 times QOTE;\nadditional lump sum compensation for care of 10% of the amount payable under paragraph (a) ;\nadditional lump sum compensation of no more than 216.15 times QOTE 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.\nHowever, the amount payable under subsection (2) (a) is subject to any reduction made under section 128C .\nThe worker is also entitled to compensation under chapter 4 , part 2 , but only until the worker receives lump sum compensation under subsection (2) .\ns 128B ins 2005 No. 50 s 16\namd 2008 No. 61 s 39 (retro); 2019 No. 33 s 43\n(sec.128B-ssec.1) The worker is entitled to compensation for the latent onset injury calculated only under this division.\n(sec.128B-ssec.2) The worker is entitled to lump sum compensation equal to the sum of the following amounts— 216.15 times QOTE; additional lump sum compensation for care of 10% of the amount payable under paragraph (a) ; additional lump sum compensation of no more than 216.15 times QOTE 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.\n(sec.128B-ssec.3) However, the amount payable under subsection (2) (a) is subject to any reduction made under section 128C .\n(sec.128B-ssec.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) .\n- (a) 216.15 times QOTE;\n- (b) additional lump sum compensation for care of 10% of the amount payable under paragraph (a) ;\n- (c) additional lump sum compensation of no more than 216.15 times QOTE 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.","sortOrder":217},{"sectionNumber":"sec.128C","sectionType":"section","heading":"Reduction of amount payable","content":"### sec.128C Reduction of amount payable\n\nThis section applies if any of the following payments have been made in relation to the worker’s latent onset injury—\na weekly payment of compensation;\na redemption payment;\na payment of lump sum compensation;\na payment of compensation or damages under a law of Queensland, another State or of the Commonwealth.\nThe amount of compensation payable under section 128B (2) (a) must be reduced by the total of all payments mentioned in subsection (1) .\ns 128C ins 2005 No. 50 s 16\n(sec.128C-ssec.1) This section applies if any of the following payments have been made in relation to the worker’s latent onset injury— a weekly payment of compensation; a redemption payment; a payment of lump sum compensation; a payment of compensation or damages under a law of Queensland, another State or of the Commonwealth.\n(sec.128C-ssec.2) The amount of compensation payable under section 128B (2) (a) must be reduced by the total of all payments mentioned in subsection (1) .\n- (a) a weekly payment of compensation;\n- (b) a redemption payment;\n- (c) a payment of lump sum compensation;\n- (d) a payment of compensation or damages under a law of Queensland, another State or of the Commonwealth.","sortOrder":218},{"sectionNumber":"sec.128D","sectionType":"section","heading":"Worker’s dependants","content":"### sec.128D Worker’s dependants\n\nThis section applies if the worker has dependants.\nThe worker’s dependants are entitled to lump sum compensation equal to the sum of the following amounts—\n15% of the amount payable under section 200 (2) (a) ;\n2% of the amount payable under section 200 (2) (a) for the reasonable expenses of the worker’s funeral.\nAn insurer may pay the compensation under this section—\nto the worker; or\nto the worker’s dependants at the same time as the insurer pays the worker lump sum compensation under section 128B .\nThe worker’s dependants are not entitled to further compensation under chapter 3 , part 11 for the death of the worker.\nIn this section—\ndependant , of a worker, means a member of the worker’s family who is completely or partly dependent on the worker’s earnings.\nmember of the family , of a worker, means—\nthe worker’s—\nspouse; or\nparent, grandparent or step-parent; or\nchild, grandchild or stepchild; or\nbrother, sister, half-brother or half-sister; or\nif the worker stands in the place of a parent to another person—the other person; or\nif another person stands in the place of a parent to the worker—the other person.\ns 128D ins 2008 No. 61 s 40 (retro)\namd 2010 No. 24 s 3 sch\n(sec.128D-ssec.1) This section applies if the worker has dependants.\n(sec.128D-ssec.2) The worker’s dependants are entitled to lump sum compensation equal to the sum of the following amounts— 15% of the amount payable under section 200 (2) (a) ; 2% of the amount payable under section 200 (2) (a) for the reasonable expenses of the worker’s funeral.\n(sec.128D-ssec.3) An insurer may pay the compensation under this section— to the worker; or to the worker’s dependants at the same time as the insurer pays the worker lump sum compensation under section 128B .\n(sec.128D-ssec.4) The worker’s dependants are not entitled to further compensation under chapter 3 , part 11 for the death of the worker.\n(sec.128D-ssec.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— the worker’s— spouse; or parent, grandparent or step-parent; or child, grandchild or stepchild; or brother, sister, half-brother or half-sister; or if the worker stands in the place of a parent to another person—the other person; or if another person stands in the place of a parent to the worker—the other person.\n- (a) 15% of the amount payable under section 200 (2) (a) ;\n- (b) 2% of the amount payable under section 200 (2) (a) for the reasonable expenses of the worker’s funeral.\n- (a) to the worker; or\n- (b) to the worker’s dependants at the same time as the insurer pays the worker lump sum compensation under section 128B .\n- (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\n- (i) spouse; or\n- (ii) parent, grandparent or step-parent; or\n- (iii) child, grandchild or stepchild; or\n- (iv) brother, sister, half-brother or half-sister; or\n- (b) if the worker stands in the place of a parent to another person—the other person; or\n- (c) if another person stands in the place of a parent to the worker—the other person.\n- (i) spouse; or\n- (ii) parent, grandparent or step-parent; or\n- (iii) child, grandchild or stepchild; or\n- (iv) brother, sister, half-brother or half-sister; or","sortOrder":219},{"sectionNumber":"sec.128E","sectionType":"section","heading":"To whom payments made for death of worker","content":"### sec.128E To whom payments made for death of worker\n\nThis section applies if—\nthe worker dies because of the latent onset injury; and\nthe worker had received a payment of lump sum compensation under section 128B for the latent onset injury; and\nif 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.\nThe compensation under section 128D for the worker’s dependants is payable—\nto the worker’s legal personal representative; or\nif there is no legal personal representative—to the worker’s dependants.\nThe worker’s legal personal representative must pay or apply the compensation to or for the benefit of the worker’s dependants.\ns 128E ins 2008 No. 61 s 40 (retro)\n(sec.128E-ssec.1) This section applies if— the worker dies because of the latent onset injury; and the worker had received a payment of lump sum compensation under section 128B for the latent onset injury; and 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.\n(sec.128E-ssec.2) The compensation under section 128D for the worker’s dependants is payable— to the worker’s legal personal representative; or if there is no legal personal representative—to the worker’s dependants.\n(sec.128E-ssec.3) The worker’s legal personal representative must pay or apply the compensation to or for the benefit of the worker’s dependants.\n- (a) the worker dies because of the latent onset injury; and\n- (b) the worker had received a payment of lump sum compensation under section 128B for the latent onset injury; and\n- (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.\n- (a) to the worker’s legal personal representative; or\n- (b) if there is no legal personal representative—to the worker’s dependants.","sortOrder":220},{"sectionNumber":"ch.3-pt.3-div.5","sectionType":"division","heading":"Workers with pneumoconiosis","content":"## Workers with pneumoconiosis","sortOrder":221},{"sectionNumber":"sec.128F","sectionType":"section","heading":"Application of subdivision","content":"### sec.128F Application of subdivision\n\nThis subdivision applies to a worker—\nwho has sustained an injury that is pneumoconiosis; and\nif section 119 applies for the worker’s injury—whose entitlement to compensation for the injury has not ended under section 119 (2) .\ns 128F ins 2017 No. 27 s 20\n- (a) who has sustained an injury that is pneumoconiosis; and\n- (b) if section 119 applies for the worker’s injury—whose entitlement to compensation for the injury has not ended under section 119 (2) .","sortOrder":222},{"sectionNumber":"sec.128G","sectionType":"section","heading":"Lump sum compensation","content":"### sec.128G Lump sum compensation\n\nThe worker is entitled to lump sum compensation under this subdivision of no more than 80.97 times QOTE for the injury.\nThe amount of the lump sum compensation is payable according to a graduated scale prescribed by regulation, calculated on the basis of—\nthe worker’s pneumoconiosis score; and\nthe worker’s lodgement age.\nFor subsection (2) , a regulation may prescribe bands (each a pneumoconiosis band ) that comprise particular pneumoconiosis scores.\nSubject 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 .\nThis section applies despite section 176 .\ns 128G ins 2017 No. 27 s 20\namd 2019 No. 33 s 44\n(sec.128G-ssec.1) The worker is entitled to lump sum compensation under this subdivision of no more than 80.97 times QOTE for the injury.\n(sec.128G-ssec.2) The amount of the lump sum compensation is payable according to a graduated scale prescribed by regulation, calculated on the basis of— the worker’s pneumoconiosis score; and the worker’s lodgement age.\n(sec.128G-ssec.3) For subsection (2) , a regulation may prescribe bands (each a pneumoconiosis band ) that comprise particular pneumoconiosis scores.\n(sec.128G-ssec.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 .\n(sec.128G-ssec.5) This section applies despite section 176 .\n- (a) the worker’s pneumoconiosis score; and\n- (b) the worker’s lodgement age.","sortOrder":223},{"sectionNumber":"sec.128H","sectionType":"section","heading":"When lump sum compensation is payable","content":"### sec.128H When lump sum compensation is payable\n\nThe lump sum compensation is payable only after the worker’s injury has been assessed under section 179 .\nHowever, 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.\ns 128H ins 2017 No. 27 s 20\n(sec.128H-ssec.1) The lump sum compensation is payable only after the worker’s injury has been assessed under section 179 .\n(sec.128H-ssec.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.","sortOrder":224},{"sectionNumber":"sec.128I","sectionType":"section","heading":"Application of subdivision","content":"### sec.128I Application of subdivision\n\nThis subdivision applies to a worker who has sustained an injury that is pneumoconiosis if—\nthe worker has received either of the following for the injury—\nlump sum compensation under subdivision 1 ;\nfurther lump sum compensation under this subdivision; and\nat 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.\nThis subdivision also applies to a worker who has sustained an injury that is pneumoconiosis if—\na settlement for damages has been agreed, or judgment for damages has been given, for the injury; and\nthe settlement or judgment does not include damages to compensate the worker for the future progression of the injury; and\nat 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.\nFor 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.\ns 128I ins 2017 No. 27 s 20\n(sec.128I-ssec.1) This subdivision applies to a worker who has sustained an injury that is pneumoconiosis if— the worker has received either of the following for the injury— lump sum compensation under subdivision 1 ; further lump sum compensation under this subdivision; and 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.\n(sec.128I-ssec.2) This subdivision also applies to a worker who has sustained an injury that is pneumoconiosis if— a settlement for damages has been agreed, or judgment for damages has been given, for the injury; and the settlement or judgment does not include damages to compensate the worker for the future progression of the injury; and 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.\n(sec.128I-ssec.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.\n- (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\n- (i) lump sum compensation under subdivision 1 ;\n- (ii) further lump sum compensation under this subdivision; and\n- (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.\n- (i) lump sum compensation under subdivision 1 ;\n- (ii) further lump sum compensation under this subdivision; and\n- (a) a settlement for damages has been agreed, or judgment for damages has been given, for the injury; and\n- (b) the settlement or judgment does not include damages to compensate the worker for the future progression of the injury; and\n- (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.","sortOrder":225},{"sectionNumber":"sec.128J","sectionType":"section","heading":"Further lump sum compensation","content":"### sec.128J Further lump sum compensation\n\nThe worker is entitled to further lump sum compensation under this subdivision for the injury.\nThe amount of the further lump sum compensation is the difference between—\nthe amount that would be payable according to the graduated scale mentioned in section 128G (2) , calculated on the basis of—\nthe worker’s increased pneumoconiosis score; and\nthe worker’s lodgement age; and\nthe amount that would be payable according to the graduated scale mentioned in section 128G (2) , calculated on the basis of—\nthe worker’s relevant previous pneumoconiosis score; and\nthe worker’s lodgement age.\nFor subsection (2) (b) (i) , the worker’s relevant previous pneumoconiosis score is—\nif 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\nif 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\nif 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.\nSubject 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 .\nThis section applies despite sections 119 , 176 and 239 .\ns 128J ins 2017 No. 27 s 20\namd 2019 No. 33 s 45\n(sec.128J-ssec.1) The worker is entitled to further lump sum compensation under this subdivision for the injury.\n(sec.128J-ssec.2) The amount of the further lump sum compensation is the difference between— the amount that would be payable according to the graduated scale mentioned in section 128G (2) , calculated on the basis of— the worker’s increased pneumoconiosis score; and the worker’s lodgement age; and the amount that would be payable according to the graduated scale mentioned in section 128G (2) , calculated on the basis of— the worker’s relevant previous pneumoconiosis score; and the worker’s lodgement age.\n(sec.128J-ssec.3) For subsection (2) (b) (i) , the worker’s relevant previous pneumoconiosis score is— 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 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 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.\n(sec.128J-ssec.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 .\n(sec.128J-ssec.5) This section applies despite sections 119 , 176 and 239 .\n- (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\n- (i) the worker’s increased pneumoconiosis score; and\n- (ii) the worker’s lodgement age; and\n- (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.\n- (i) the worker’s relevant previous pneumoconiosis score; and\n- (ii) the worker’s lodgement age.\n- (i) the worker’s increased pneumoconiosis score; and\n- (ii) the worker’s lodgement age; and\n- (i) the worker’s relevant previous pneumoconiosis score; and\n- (ii) the worker’s lodgement age.\n- (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\n- (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\n- (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.","sortOrder":226},{"sectionNumber":"sec.128K","sectionType":"section","heading":"When further lump sum compensation is payable","content":"### sec.128K When further lump sum compensation is payable\n\nThe further lump sum compensation is payable only after the worker’s injury has been further assessed under section 179 .\nHowever, 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.\ns 128K ins 2017 No. 27 s 20\n(sec.128K-ssec.1) The further lump sum compensation is payable only after the worker’s injury has been further assessed under section 179 .\n(sec.128K-ssec.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.","sortOrder":227},{"sectionNumber":"sec.128L","sectionType":"section","heading":"Advances on account","content":"### sec.128L Advances on account\n\nThis section applies if an insurer is satisfied a worker—\nis entitled to lump sum compensation under subdivision 1 or 2 for an injury; and\nis experiencing financial hardship.\nThe 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.\nSubsection (2) applies despite sections 128H and 128K .\nAcceptance 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.\nSee also section 178A .\ns 128L ins 2017 No. 27 s 20\n(sec.128L-ssec.1) This section applies if an insurer is satisfied a worker— is entitled to lump sum compensation under subdivision 1 or 2 for an injury; and is experiencing financial hardship.\n(sec.128L-ssec.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.\n(sec.128L-ssec.3) Subsection (2) applies despite sections 128H and 128K .\n(sec.128L-ssec.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.\n- (a) is entitled to lump sum compensation under subdivision 1 or 2 for an injury; and\n- (b) is experiencing financial hardship.","sortOrder":228},{"sectionNumber":"sec.128M","sectionType":"section","heading":"Reduction of compensation for particular workers with more than 1 pneumoconiosis injury","content":"### sec.128M Reduction of compensation for particular workers with more than 1 pneumoconiosis injury\n\nThis section applies if a worker who has sustained an injury that is pneumoconiosis (the current injury )—\nis entitled to compensation under subdivision 1 or 2 for the current injury; and\nhas previously received compensation under subdivision 1 or 2 for another injury that was pneumoconiosis (a previous injury ).\nThe 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.\ns 128M ins 2017 No. 27 s 20\n(sec.128M-ssec.1) This section applies if a worker who has sustained an injury that is pneumoconiosis (the current injury )— is entitled to compensation under subdivision 1 or 2 for the current injury; and has previously received compensation under subdivision 1 or 2 for another injury that was pneumoconiosis (a previous injury ).\n(sec.128M-ssec.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.\n- (a) is entitled to compensation under subdivision 1 or 2 for the current injury; and\n- (b) has previously received compensation under subdivision 1 or 2 for another injury that was pneumoconiosis (a previous injury ).","sortOrder":229},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Compensation affected by workers’ conduct","content":"# Compensation affected by workers’ conduct","sortOrder":230},{"sectionNumber":"sec.129","sectionType":"section","heading":"Self-inflicted injuries","content":"### sec.129 Self-inflicted injuries\n\nCompensation is not payable for an injury sustained by a worker if the injury is intentionally self-inflicted.","sortOrder":231},{"sectionNumber":"sec.130","sectionType":"section","heading":"Injuries caused by misconduct","content":"### sec.130 Injuries caused by misconduct\n\nCompensation is payable for an injury sustained by a worker that is caused by the worker’s serious and wilful misconduct only if—\nthe injury results in death; or\nthe insurer considers that the injury could result in a DPI of 50% or more.\nSee, however, section 232H in relation to compensation payable under chapter 4A .\nHowever, compensation is not payable if the injury could result in a DPI of 50% or more arising from—\na psychiatric or psychological injury; or\ncombining a psychiatric or psychological injury and another injury.\nIf the insurer and the worker can not agree that the worker’s injury could result in a DPI of 50% or more—\nthe degree of permanent impairment that could be sustained by the worker may be decided only by a medical assessment tribunal; and\nthe insurer must refer the question of the degree of permanent impairment to a tribunal for decision.\ns 130 amd 2013 No. 52 s 8 (retro); 2016 No. 44 s 16\n(sec.130-ssec.1) Compensation is payable for an injury sustained by a worker that is caused by the worker’s serious and wilful misconduct only if— the injury results in death; or the insurer considers that the injury could result in a DPI of 50% or more. See, however, section 232H in relation to compensation payable under chapter 4A .\n(sec.130-ssec.2) However, compensation is not payable if the injury could result in a DPI of 50% or more arising from— a psychiatric or psychological injury; or combining a psychiatric or psychological injury and another injury.\n(sec.130-ssec.3) If the insurer and the worker can not agree that the worker’s injury could result in a DPI of 50% or more— the degree of permanent impairment that could be sustained by the worker may be decided only by a medical assessment tribunal; and the insurer must refer the question of the degree of permanent impairment to a tribunal for decision.\n- (a) the injury results in death; or\n- (b) the insurer considers that the injury could result in a DPI of 50% or more.\n- (a) a psychiatric or psychological injury; or\n- (b) combining a psychiatric or psychological injury and another injury.\n- (a) the degree of permanent impairment that could be sustained by the worker may be decided only by a medical assessment tribunal; and\n- (b) the insurer must refer the question of the degree of permanent impairment to a tribunal for decision.","sortOrder":232},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Compensation application and other procedures","content":"# Compensation application and other procedures","sortOrder":233},{"sectionNumber":"sec.131","sectionType":"section","heading":"Time for applying","content":"### sec.131 Time for applying\n\nAn 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.\nIf 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.\nSubsection (2) does not apply if death is, or results from, the injury.\nAn 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.\nAlso, an insurer may waive subsection (1) for a particular application if—\nit is satisfied that a doctor, nurse practitioner or dentist has assessed the injury as resulting in total or partial incapacity for work; and\nthe claimant lodged the application within 20 business days after the first assessment under paragraph (a) .\nAn 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—\nmistake; or\nthe claimant’s absence from the State; or\na reasonable cause.\ns 131 amd 2004 No. 45 s 3 sch ; 2019 No. 33 s 46\n(sec.131-ssec.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.\n(sec.131-ssec.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.\n(sec.131-ssec.3) Subsection (2) does not apply if death is, or results from, the injury.\n(sec.131-ssec.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.\n(sec.131-ssec.5) Also, an insurer may waive subsection (1) for a particular application if— it is satisfied that a doctor, nurse practitioner or dentist has assessed the injury as resulting in total or partial incapacity for work; and the claimant lodged the application within 20 business days after the first assessment under paragraph (a) .\n(sec.131-ssec.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— mistake; or the claimant’s absence from the State; or a reasonable cause.\n- (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\n- (b) the claimant lodged the application within 20 business days after the first assessment under paragraph (a) .\n- (a) mistake; or\n- (b) the claimant’s absence from the State; or\n- (c) a reasonable cause.","sortOrder":234},{"sectionNumber":"sec.132","sectionType":"section","heading":"Applying for compensation","content":"### sec.132 Applying for compensation\n\nAn application for compensation must be made in the approved form by the claimant.\nThe application must be lodged with the insurer.\nThe application must be accompanied by—\na certificate in the approved form given by—\na doctor who attended the claimant; or\nif 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\nany other evidence or particulars prescribed under a regulation.\nA registered dentist may issue the certificate mentioned in subsection (3) (a) for an oral injury.\nIf the claimant can not complete an application because of a physical or mental incapacity, someone else may complete it on the claimant’s behalf.\nAn application for compensation is valid and enforceable if it complies with this section.\ns 132 amd 2009 No. 44 s 185 ; 2010 No. 24 s 3 sch ; 2019 No. 33 s 47\n(sec.132-ssec.1) An application for compensation must be made in the approved form by the claimant.\n(sec.132-ssec.2) The application must be lodged with the insurer.\n(sec.132-ssec.3) The application must be accompanied by— a certificate in the approved form given by— a doctor who attended the claimant; or 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 any other evidence or particulars prescribed under a regulation.\n(sec.132-ssec.4) A registered dentist may issue the certificate mentioned in subsection (3) (a) for an oral injury.\n(sec.132-ssec.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.\n(sec.132-ssec.6) An application for compensation is valid and enforceable if it complies with this section.\n- (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\n- (i) a doctor who attended the claimant; or\n- (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\n- (b) any other evidence or particulars prescribed under a regulation.\n- (i) a doctor who attended the claimant; or\n- (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","sortOrder":235},{"sectionNumber":"sec.132AA","sectionType":"section","heading":"Insurer must give worker and employer information statement","content":"### sec.132AA Insurer must give worker and employer information statement\n\nThe insurer must, as soon as practicable after an application for compensation for an injury sustained by a worker is lodged—\ngive the worker a statement providing information about the workers’ compensation scheme relevant to workers; and\ngive the worker’s employer a statement providing information about the workers’ compensation scheme relevant to employers.\nMaximum penalty—50 penalty units.\nThe statements, and the way in which they are given, must comply with any requirements prescribed by regulation.\ns 132AA ins 2024 No. 40 s 34\n(sec.132AA-ssec.1) The insurer must, as soon as practicable after an application for compensation for an injury sustained by a worker is lodged— give the worker a statement providing information about the workers’ compensation scheme relevant to workers; and give the worker’s employer a statement providing information about the workers’ compensation scheme relevant to employers. Maximum penalty—50 penalty units.\n(sec.132AA-ssec.2) The statements, and the way in which they are given, must comply with any requirements prescribed by regulation.\n- (a) give the worker a statement providing information about the workers’ compensation scheme relevant to workers; and\n- (b) give the worker’s employer a statement providing information about the workers’ compensation scheme relevant to employers.","sortOrder":236},{"sectionNumber":"sec.132A","sectionType":"section","heading":"Applying for assessment of DPI if no application made for compensation","content":"### sec.132A Applying for assessment of DPI if no application made for compensation\n\nThis section applies to a worker who has not made an application under section 132 .\nHowever, this section does not apply to a worker who is, or may be, entitled to compensation under chapter 4A .\nThe 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.\nAn application under subsection (2) must be—\nlodged with the insurer; and\nin the approved form; and\naccompanied by—\na certificate in the approved form given by a doctor who attended the worker; and\nany other evidence or particulars prescribed under a regulation.\nA registered dentist may issue the certificate mentioned in subsection (3) (c) (i) for an oral injury.\nIf the worker can not complete an application because of a physical or mental incapacity, someone else may complete it on the worker’s behalf.\nThe insurer must, within 40 business days after an application under subsection (2) is made, decide to allow or reject the application.\nThe insurer may reject the application only if satisfied the worker—\nwas not a worker when the injury was sustained; or\nhas not sustained an injury; or\nis, or may be, entitled to compensation under chapter 4A because—\nthe worker has sustained a serious personal injury that meets the chapter 4A eligibility criteria; and\nsection 116 does not apply to the injury.\nThe insurer must notify the worker of its decision on the application.\nIf 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.\nIf the worker is aggrieved by the insurer’s decision on the application, the worker may have the decision reviewed under chapter 13 .\nIf the insurer does not decide the application within the time stated in subsection (6) —\nthe insurer must, within 5 business days after the end of the time stated in subsection (6) , notify the worker—\nof its reasons for not deciding the application; and\nthat the worker may have the insurer’s failure to decide the application reviewed under chapter 13 ; and\nthe worker may have the insurer’s failure to decide the application reviewed under chapter 13 .\nTo 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.\ns 132A ins 2013 No. 52 s 9 (retro)\namd 2015 No. 13 s 4 (retro); 2016 No. 44 s 17 ; 2017 No. 27 s 41 sch 1\n(sec.132A-ssec.1) This section applies to a worker who has not made an application under section 132 .\n(sec.132A-ssec.1A) However, this section does not apply to a worker who is, or may be, entitled to compensation under chapter 4A .\n(sec.132A-ssec.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.\n(sec.132A-ssec.3) An application under subsection (2) must be— lodged with the insurer; and in the approved form; and accompanied by— a certificate in the approved form given by a doctor who attended the worker; and any other evidence or particulars prescribed under a regulation.\n(sec.132A-ssec.4) A registered dentist may issue the certificate mentioned in subsection (3) (c) (i) for an oral injury.\n(sec.132A-ssec.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.\n(sec.132A-ssec.6) The insurer must, within 40 business days after an application under subsection (2) is made, decide to allow or reject the application.\n(sec.132A-ssec.7) The insurer may reject the application only if satisfied the worker— was not a worker when the injury was sustained; or has not sustained an injury; or is, or may be, entitled to compensation under chapter 4A because— the worker has sustained a serious personal injury that meets the chapter 4A eligibility criteria; and section 116 does not apply to the injury.\n(sec.132A-ssec.8) The insurer must notify the worker of its decision on the application.\n(sec.132A-ssec.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.\n(sec.132A-ssec.10) If the worker is aggrieved by the insurer’s decision on the application, the worker may have the decision reviewed under chapter 13 .\n(sec.132A-ssec.11) If the insurer does not decide the application within the time stated in subsection (6) — the insurer must, within 5 business days after the end of the time stated in subsection (6) , notify the worker— of its reasons for not deciding the application; and that the worker may have the insurer’s failure to decide the application reviewed under chapter 13 ; and the worker may have the insurer’s failure to decide the application reviewed under chapter 13 .\n(sec.132A-ssec.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.\n- (a) lodged with the insurer; and\n- (b) in the approved form; and\n- (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.\n- (i) a certificate in the approved form given by a doctor who attended the worker; and\n- (ii) any other evidence or particulars prescribed under a regulation.\n- (i) a certificate in the approved form given by a doctor who attended the worker; and\n- (ii) any other evidence or particulars prescribed under a regulation.\n- (a) was not a worker when the injury was sustained; or\n- (b) has not sustained an injury; or\n- (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.\n- (i) the worker has sustained a serious personal injury that meets the chapter 4A eligibility criteria; and\n- (ii) section 116 does not apply to the injury.\n- (i) the worker has sustained a serious personal injury that meets the chapter 4A eligibility criteria; and\n- (ii) section 116 does not apply to the injury.\n- (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\n- (i) of its reasons for not deciding the application; and\n- (ii) that the worker may have the insurer’s failure to decide the application reviewed under chapter 13 ; and\n- (b) the worker may have the insurer’s failure to decide the application reviewed under chapter 13 .\n- (i) of its reasons for not deciding the application; and\n- (ii) that the worker may have the insurer’s failure to decide the application reviewed under chapter 13 ; and","sortOrder":237},{"sectionNumber":"sec.132B","sectionType":"section","heading":"Applying for certificate of dependency","content":"### sec.132B Applying for certificate of dependency\n\nThis section applies to a person who—\nwishes to seek damages as a dependant of a deceased worker; and\nhas not made an application under section 132 .\nThe 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) .\nAn application under subsection (2) must be—\nlodged with the insurer; and\nin the approved form; and\naccompanied by—\na certificate in the approved form given by a doctor who attended the deceased worker; and\nany other evidence or particulars prescribed by regulation.\nThe insurer must, within 40 business days after the application is made, decide to allow or reject the application.\nThe insurer may reject the application only if satisfied—\nthe person is not a dependant of the deceased worker; or\nthe deceased worker was not a worker when the injury was sustained; or\nthe deceased worker did not sustain an injury; or\nthe injury did not result in the worker’s death.\nThe insurer must notify the person of its decision on the application.\nIf 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.\nIf the person is aggrieved by the insurer’s decision on the application, the person may have the decision reviewed under chapter 13 .\nIf the insurer does not decide the application within the time stated in subsection (4) —\nthe insurer must, within 5 business days after the end of the time stated in subsection (4) , notify the person—\nof its reasons for not deciding the application; and\nthat the person may have the insurer’s failure to decide the application reviewed under chapter 13 ; and\nthe person may have the insurer’s failure to decide the application reviewed under chapter 13 .\nTo 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.\ns 132B ins 2015 No. 13 s 5 (retro)\n(sec.132B-ssec.1) This section applies to a person who— wishes to seek damages as a dependant of a deceased worker; and has not made an application under section 132 .\n(sec.132B-ssec.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) .\n(sec.132B-ssec.3) An application under subsection (2) must be— lodged with the insurer; and in the approved form; and accompanied by— a certificate in the approved form given by a doctor who attended the deceased worker; and any other evidence or particulars prescribed by regulation.\n(sec.132B-ssec.4) The insurer must, within 40 business days after the application is made, decide to allow or reject the application.\n(sec.132B-ssec.5) The insurer may reject the application only if satisfied— the person is not a dependant of the deceased worker; or the deceased worker was not a worker when the injury was sustained; or the deceased worker did not sustain an injury; or the injury did not result in the worker’s death.\n(sec.132B-ssec.6) The insurer must notify the person of its decision on the application.\n(sec.132B-ssec.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.\n(sec.132B-ssec.8) If the person is aggrieved by the insurer’s decision on the application, the person may have the decision reviewed under chapter 13 .\n(sec.132B-ssec.9) If the insurer does not decide the application within the time stated in subsection (4) — the insurer must, within 5 business days after the end of the time stated in subsection (4) , notify the person— of its reasons for not deciding the application; and that the person may have the insurer’s failure to decide the application reviewed under chapter 13 ; and the person may have the insurer’s failure to decide the application reviewed under chapter 13 .\n(sec.132B-ssec.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.\n- (a) wishes to seek damages as a dependant of a deceased worker; and\n- (b) has not made an application under section 132 .\n- (a) lodged with the insurer; and\n- (b) in the approved form; and\n- (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.\n- (i) a certificate in the approved form given by a doctor who attended the deceased worker; and\n- (ii) any other evidence or particulars prescribed by regulation.\n- (i) a certificate in the approved form given by a doctor who attended the deceased worker; and\n- (ii) any other evidence or particulars prescribed by regulation.\n- (a) the person is not a dependant of the deceased worker; or\n- (b) the deceased worker was not a worker when the injury was sustained; or\n- (c) the deceased worker did not sustain an injury; or\n- (d) the injury did not result in the worker’s death.\n- (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\n- (i) of its reasons for not deciding the application; and\n- (ii) that the person may have the insurer’s failure to decide the application reviewed under chapter 13 ; and\n- (b) the person may have the insurer’s failure to decide the application reviewed under chapter 13 .\n- (i) of its reasons for not deciding the application; and\n- (ii) that the person may have the insurer’s failure to decide the application reviewed under chapter 13 ; and","sortOrder":238},{"sectionNumber":"sec.133","sectionType":"section","heading":"Employer’s duty to report injury","content":"### sec.133 Employer’s duty to report injury\n\nAn employer whose worker sustains an injury for which compensation may be payable must complete a report in the approved form and give the report to the insurer.\nThe employer must complete and give the report to the insurer immediately after the first of the following happens—\nthe employer knows the injury has been sustained;\nthe worker reports the injury to the employer;\nthe employer receives the insurer’s written request for the report.\nIf an employer fails to comply with subsection (1) within 8 business days after the first of the circumstances mentioned in subsection (2) happens, the employer commits an offence, unless the employer has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIn this section—\ninsurer means—\nif the employer is a self-insurer—the person authorised by the employer as self-insurer to make a decision under section 134 on any claim for compensation for the injury; or\nif the employer is not a self-insurer—WorkCover.\ns 133 amd 2004 No. 45 s 3 sch ; 2019 No. 33 s 48\n(sec.133-ssec.1) An employer whose worker sustains an injury for which compensation may be payable must complete a report in the approved form and give the report to the insurer.\n(sec.133-ssec.2) The employer must complete and give the report to the insurer immediately after the first of the following happens— the employer knows the injury has been sustained; the worker reports the injury to the employer; the employer receives the insurer’s written request for the report.\n(sec.133-ssec.3) If an employer fails to comply with subsection (1) within 8 business days after the first of the circumstances mentioned in subsection (2) happens, the employer commits an offence, unless the employer has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.133-ssec.4) In this section— insurer means— if the employer is a self-insurer—the person authorised by the employer as self-insurer to make a decision under section 134 on any claim for compensation for the injury; or if the employer is not a self-insurer—WorkCover.\n- (a) the employer knows the injury has been sustained;\n- (b) the worker reports the injury to the employer;\n- (c) the employer receives the insurer’s written request for the report.\n- (a) if the employer is a self-insurer—the person authorised by the employer as self-insurer to make a decision under section 134 on any claim for compensation for the injury; or\n- (b) if the employer is not a self-insurer—WorkCover.","sortOrder":239},{"sectionNumber":"sec.133A","sectionType":"section","heading":"Employer’s duty to tell insurer if worker asks for, or employer makes, a payment","content":"### sec.133A Employer’s duty to tell insurer if worker asks for, or employer makes, a payment\n\nAn employer must give the insurer written notice in the approved form if—\na worker asks the employer for compensation for an injury sustained by the worker; or\nthe employer pays the worker an amount, either in compensation or instead of compensation, that is payable under the Act by the employer as a self-insurer or WorkCover for an injury sustained by the worker.\nIf 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.\nMaximum penalty—50 penalty units.\nIn this section—\ninsurer means—\nif the employer is a self-insurer—the person authorised by the employer as self-insurer to make a decision under section 134 on any claim for compensation for the injury; or\nif the employer is not a self-insurer—WorkCover.\ns 133A ins 2004 No. 45 s 17\namd 2019 No. 33 s 49\n(sec.133A-ssec.1) An employer must give the insurer written notice in the approved form if— a worker asks the employer for compensation for an injury sustained by the worker; or the employer pays the worker an amount, either in compensation or instead of compensation, that is payable under the Act by the employer as a self-insurer or WorkCover for an injury sustained by the worker.\n(sec.133A-ssec.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.\n(sec.133A-ssec.3) In this section— insurer means— if the employer is a self-insurer—the person authorised by the employer as self-insurer to make a decision under section 134 on any claim for compensation for the injury; or if the employer is not a self-insurer—WorkCover.\n- (a) a worker asks the employer for compensation for an injury sustained by the worker; or\n- (b) the employer pays the worker an amount, either in compensation or instead of compensation, that is payable under the Act by the employer as a self-insurer or WorkCover for an injury sustained by the worker.\n- (a) if the employer is a self-insurer—the person authorised by the employer as self-insurer to make a decision under section 134 on any claim for compensation for the injury; or\n- (b) if the employer is not a self-insurer—WorkCover.","sortOrder":240},{"sectionNumber":"sec.134","sectionType":"section","heading":"Decision about application for compensation","content":"### sec.134 Decision about application for compensation\n\nA claimant’s application for compensation must be allowed or rejected in the first instance by the insurer.\nThe insurer must make a decision on the application within 20 business days after the application is made.\nThe insurer must notify the claimant of its decision on the application.\nIf 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.\nSubsection (6) applies if the insurer does not make a decision on the application within the time stated in subsection (2) .\nThe 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 .\ns 134 amd 2004 No. 45 s 18 ; 2007 No. 52 s 7\n(sec.134-ssec.1) A claimant’s application for compensation must be allowed or rejected in the first instance by the insurer.\n(sec.134-ssec.2) The insurer must make a decision on the application within 20 business days after the application is made.\n(sec.134-ssec.3) The insurer must notify the claimant of its decision on the application.\n(sec.134-ssec.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.\n(sec.134-ssec.5) Subsection (6) applies if the insurer does not make a decision on the application within the time stated in subsection (2) .\n(sec.134-ssec.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 .","sortOrder":241},{"sectionNumber":"sec.135","sectionType":"section","heading":"Examination by registered person","content":"### sec.135 Examination by registered person\n\nAn 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.\nSubsection (3) applies if the claimant or worker—\nfails, without reasonable excuse, to attend for the examination at the time and place advised by the insurer; or\nhaving attended, refuses to be examined by the registered person; or\nobstructs, or attempts to obstruct, the examination.\nAny entitlement the claimant or worker may have to compensation is suspended until the claimant or worker undergoes the examination.\n(sec.135-ssec.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.\n(sec.135-ssec.2) Subsection (3) applies if the claimant or worker— fails, without reasonable excuse, to attend for the examination at the time and place advised by the insurer; or having attended, refuses to be examined by the registered person; or obstructs, or attempts to obstruct, the examination.\n(sec.135-ssec.3) Any entitlement the claimant or worker may have to compensation is suspended until the claimant or worker undergoes the examination.\n- (a) fails, without reasonable excuse, to attend for the examination at the time and place advised by the insurer; or\n- (b) having attended, refuses to be examined by the registered person; or\n- (c) obstructs, or attempts to obstruct, the examination.","sortOrder":242},{"sectionNumber":"sec.135A","sectionType":"section","heading":"Examination of particular claimants by psychiatrist","content":"### sec.135A Examination of particular claimants by psychiatrist\n\nThis section applies if—\na person makes an application for compensation for an injury that is post-traumatic stress disorder; and\nat any time before the claimant was diagnosed as having the disorder, the claimant was employed as a first responder or an eligible employee; and\nthere is no evidence that the claimant has been diagnosed by a psychiatrist as having the disorder.\nThe insurer must—\narrange for the claimant to be examined by a psychiatrist to obtain a diagnosis; and\npay for—\nthe examination by the psychiatrist; and\nany travel costs incurred by the claimant in attending the examination that the insurer considers are necessary and reasonable.\nHowever, subsection (2) does not apply if the insurer decides under section 134 to allow the application.\nThis section does not limit section 135 .\ns 135A ins 2021 No. 10 s 4\n(sec.135A-ssec.1) This section applies if— a person makes an application for compensation for an injury that is post-traumatic stress disorder; and at any time before the claimant was diagnosed as having the disorder, the claimant was employed as a first responder or an eligible employee; and there is no evidence that the claimant has been diagnosed by a psychiatrist as having the disorder.\n(sec.135A-ssec.2) The insurer must— arrange for the claimant to be examined by a psychiatrist to obtain a diagnosis; and pay for— the examination by the psychiatrist; and any travel costs incurred by the claimant in attending the examination that the insurer considers are necessary and reasonable.\n(sec.135A-ssec.3) However, subsection (2) does not apply if the insurer decides under section 134 to allow the application.\n(sec.135A-ssec.4) This section does not limit section 135 .\n- (a) a person makes an application for compensation for an injury that is post-traumatic stress disorder; and\n- (b) at any time before the claimant was diagnosed as having the disorder, the claimant was employed as a first responder or an eligible employee; and\n- (c) there is no evidence that the claimant has been diagnosed by a psychiatrist as having the disorder.\n- (a) arrange for the claimant to be examined by a psychiatrist to obtain a diagnosis; and\n- (b) pay for— (i) the examination by the psychiatrist; and (ii) any travel costs incurred by the claimant in attending the examination that the insurer considers are necessary and reasonable.\n- (i) the examination by the psychiatrist; and\n- (ii) any travel costs incurred by the claimant in attending the examination that the insurer considers are necessary and reasonable.\n- (i) the examination by the psychiatrist; and\n- (ii) any travel costs incurred by the claimant in attending the examination that the insurer considers are necessary and reasonable.","sortOrder":243},{"sectionNumber":"sec.136","sectionType":"section","heading":"Worker must notify return to work or engagement in a calling","content":"### sec.136 Worker must notify return to work or engagement in a calling\n\nA worker receiving compensation for an injury must give notice within 10 business days of the worker’s—\nreturn to work; or\nengagement in a calling.\nMaximum penalty—50 penalty units.\nThe notice must be given to the insurer.\nThe notice may be a certificate in the approved form of a doctor stating the worker’s capacity for work.\ns 136 amd 2004 No. 45 s 3 sch ; 2008 No. 67 s 311\n(sec.136-ssec.1) A worker receiving compensation for an injury must give notice within 10 business days of the worker’s— return to work; or engagement in a calling. Maximum penalty—50 penalty units.\n(sec.136-ssec.2) The notice must be given to the insurer.\n(sec.136-ssec.3) The notice may be a certificate in the approved form of a doctor stating the worker’s capacity for work.\n- (a) return to work; or\n- (b) engagement in a calling.","sortOrder":244},{"sectionNumber":"sec.137","sectionType":"section","heading":"Suspension of compensation during term of imprisonment","content":"### sec.137 Suspension of compensation during term of imprisonment\n\nAn insurer may suspend compensation payable to a worker if the worker is serving a term of imprisonment.","sortOrder":245},{"sectionNumber":"sec.138","sectionType":"section","heading":"Compensation not payable during suspension","content":"### sec.138 Compensation not payable during suspension\n\nIf an entitlement to compensation is suspended under this chapter or chapter 4 , 11 or 13 , no compensation is payable for the period of suspension.\nSee also section 232ZH in relation to suspension of compensation under chapter 4A .\ns 138 amd 2016 No. 44 s 18","sortOrder":246},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Maximum statutory compensation","content":"# Maximum statutory compensation","sortOrder":247},{"sectionNumber":"sec.139","sectionType":"section","heading":"Application of pt 6","content":"### sec.139 Application of pt 6\n\nThis part applies to 1 injury or multiple injuries sustained by a worker in any 1 event.","sortOrder":248},{"sectionNumber":"sec.140","sectionType":"section","heading":"Maximum entitlement","content":"### sec.140 Maximum entitlement\n\nThe 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—\nfor compensation payable as weekly payments under part 9 —216.15 times QOTE; and\nfor the total of all lump sum compensation payable under part 3 , division 5 and section 180 —216.15 times QOTE.\nFor 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 .\nA 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.\nHowever, subsections (1) and (2) do not limit the power to make additional payment of compensation under part 10 , division 4 .\nIn subsection (1) —\ncompensation does not include compensation provided for under part 8 or chapter 4A .\ns 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 ; 2019 No. 33 s 50\n(sec.140-ssec.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— for compensation payable as weekly payments under part 9 —216.15 times QOTE; and for the total of all lump sum compensation payable under part 3 , division 5 and section 180 —216.15 times QOTE. 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 .\n(sec.140-ssec.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.\n(sec.140-ssec.3) However, subsections (1) and (2) do not limit the power to make additional payment of compensation under part 10 , division 4 .\n(sec.140-ssec.4) In subsection (1) — compensation does not include compensation provided for under part 8 or chapter 4A .\n- (a) for compensation payable as weekly payments under part 9 —216.15 times QOTE; and\n- (b) for the total of all lump sum compensation payable under part 3 , division 5 and section 180 —216.15 times QOTE.","sortOrder":249},{"sectionNumber":"ch.3-pt.7","sectionType":"part","heading":"Payment of compensation","content":"# Payment of compensation","sortOrder":250},{"sectionNumber":"sec.141","sectionType":"section","heading":"Time from which compensation payable","content":"### sec.141 Time from which compensation payable\n\nThe entitlement to compensation for an injury arises on the day the worker’s injury is assessed by—\na doctor; or\nif the injury is a minor injury—a nurse practitioner acting in accordance with the workers’ compensation certificate protocol; or\nif the injury is an oral injury and the worker attends a dentist—the dentist.\nHowever, any entitlement to weekly payment of compensation for an injury starts on—\nif 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\nif 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.\nAlso, any entitlement to payments under chapter 4A starts when the period mentioned in section 232L (3) or 232ZD (8) starts for the worker.\nSubsections (1) to (3) are not intended to limit any entitlement to compensation for the day of injury provided for under part 8 .\nSubsection (2) is subject to section 131 (2) .\ns 141 amd 2009 No. 44 s 186 ; 2016 No. 44 s 20 ; 2019 No. 33 s 51\n(sec.141-ssec.1) The entitlement to compensation for an injury arises on the day the worker’s injury is assessed by— a doctor; or if the injury is a minor injury—a nurse practitioner acting in accordance with the workers’ compensation certificate protocol; or if the injury is an oral injury and the worker attends a dentist—the dentist.\n(sec.141-ssec.2) However, any entitlement to weekly payment of compensation for an injury starts on— 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 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.\n(sec.141-ssec.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.\n(sec.141-ssec.4) Subsections (1) to (3) are not intended to limit any entitlement to compensation for the day of injury provided for under part 8 .\n(sec.141-ssec.5) Subsection (2) is subject to section 131 (2) .\n- (a) a doctor; or\n- (b) if the injury is a minor injury—a nurse practitioner acting in accordance with the workers’ compensation certificate protocol; or\n- (c) if the injury is an oral injury and the worker attends a dentist—the dentist.\n- (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\n- (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.","sortOrder":251},{"sectionNumber":"ch.3-pt.8","sectionType":"part","heading":"Compensation for day of injury","content":"# Compensation for day of injury","sortOrder":252},{"sectionNumber":"sec.142","sectionType":"section","heading":"Application of pt 8","content":"### sec.142 Application of pt 8\n\nThis 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—\nthe worker is not entitled to be paid for the whole of the day on which the worker stops work; or\nno amount is specified as being payable to the worker for the whole of the day on which the worker stops work; or\nthe 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.\ns 142 sub 2006 No. 22 s 20\n- (a) the worker is not entitled to be paid for the whole of the day on which the worker stops work; or\n- (b) no amount is specified as being payable to the worker for the whole of the day on which the worker stops work; or\n- (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.","sortOrder":253},{"sectionNumber":"sec.143","sectionType":"section","heading":"Definition for pt 8","content":"### sec.143 Definition for pt 8\n\nIn this part—\ncompensation 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.","sortOrder":254},{"sectionNumber":"sec.144","sectionType":"section","heading":"When employer must pay worker for day of injury","content":"### sec.144 When employer must pay worker for day of injury\n\nFor the day the worker stops work because of the injury, the worker is entitled to compensation under this part for the injury.\nSubsection (1) applies despite anything in an industrial instrument or contract of employment applying to the worker.\nDespite section 109 , the employer must pay the compensation.\nThe amount of compensation under this part that is payable is in addition to any other compensation payable to the worker under this Act.\nThe day for which compensation under this part is payable is not to be included in the excess period under section 66 .\ns 144 amd 2006 No. 22 s 21\n(sec.144-ssec.1) For the day the worker stops work because of the injury, the worker is entitled to compensation under this part for the injury.\n(sec.144-ssec.1A) Subsection (1) applies despite anything in an industrial instrument or contract of employment applying to the worker.\n(sec.144-ssec.2) Despite section 109 , the employer must pay the compensation.\n(sec.144-ssec.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.\n(sec.144-ssec.4) The day for which compensation under this part is payable is not to be included in the excess period under section 66 .","sortOrder":255},{"sectionNumber":"ch.3-pt.8A","sectionType":"part","heading":"When entitlement to compensation stops","content":"# When entitlement to compensation stops","sortOrder":256},{"sectionNumber":"sec.144A","sectionType":"section","heading":"When weekly payments of compensation stop","content":"### sec.144A When weekly payments of compensation stop\n\nThe entitlement of a worker to weekly payments of compensation under part 9 stops when the first of the following happens—\nthe incapacity because of the work related injury stops;\nthe worker has received weekly payments for the incapacity for 5 years;\ncompensation under this part reaches the maximum amount under part 6 .\nIf subsection (1) (b) or (c) applies, the worker’s entitlement to further compensation for the injury stops.\nSubsection (2) does not apply to the worker’s entitlement to compensation under chapter 4A .\nThis section does not limit another provision of this Act that stops weekly payments.\ns 144A (prev s 177) amd 2004 No. 45 s 27 (1) – (2)\nrenum and reloc 2004 No. 45 s 27 (3)\namd 2016 No. 44 s 21\n(sec.144A-ssec.1) The entitlement of a worker to weekly payments of compensation under part 9 stops when the first of the following happens— the incapacity because of the work related injury stops; the worker has received weekly payments for the incapacity for 5 years; compensation under this part reaches the maximum amount under part 6 .\n(sec.144A-ssec.2) If subsection (1) (b) or (c) applies, the worker’s entitlement to further compensation for the injury stops.\n(sec.144A-ssec.3) Subsection (2) does not apply to the worker’s entitlement to compensation under chapter 4A .\n(sec.144A-ssec.4) This section does not limit another provision of this Act that stops weekly payments.\n- (a) the incapacity because of the work related injury stops;\n- (b) the worker has received weekly payments for the incapacity for 5 years;\n- (c) compensation under this part reaches the maximum amount under part 6 .","sortOrder":257},{"sectionNumber":"sec.144B","sectionType":"section","heading":"When payment of medical treatment, hospitalisation and expenses stops","content":"### sec.144B When payment of medical treatment, hospitalisation and expenses stops\n\nThe entitlement of a worker to the payment of medical treatment, hospitalisation and expenses under chapter 4 for an injury stops when—\nthe entitlement of the worker to weekly payments of compensation under part 9 stops; and\nmedical 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.\nSubsection (1) does not apply in relation to section 220 or part 5A .\ns 144B ins 2004 No. 45 s 20\namd 2019 No. 33 s 52\n(sec.144B-ssec.1) The entitlement of a worker to the payment of medical treatment, hospitalisation and expenses under chapter 4 for an injury stops when— the entitlement of the worker to weekly payments of compensation under part 9 stops; and 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.\n(sec.144B-ssec.2) Subsection (1) does not apply in relation to section 220 or part 5A .\n- (a) the entitlement of the worker to weekly payments of compensation under part 9 stops; and\n- (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.","sortOrder":258},{"sectionNumber":"ch.3-pt.9","sectionType":"part","heading":"Weekly payment of compensation","content":"# Weekly payment of compensation","sortOrder":259},{"sectionNumber":"ch.3-pt.9-div.1","sectionType":"division","heading":"Application","content":"## Application","sortOrder":260},{"sectionNumber":"sec.145","sectionType":"section","heading":"Application and object of pt 9","content":"### sec.145 Application and object of pt 9\n\nThis part applies if a worker is totally or partially incapacitated because of injury for which compensation is payable.\nThe object of this part is to provide for weekly payments to the worker during the period of incapacity.\n(sec.145-ssec.1) This part applies if a worker is totally or partially incapacitated because of injury for which compensation is payable.\n(sec.145-ssec.2) The object of this part is to provide for weekly payments to the worker during the period of incapacity.","sortOrder":261},{"sectionNumber":"ch.3-pt.9-div.2","sectionType":"division","heading":"Advances on weekly payments","content":"## Advances on weekly payments","sortOrder":262},{"sectionNumber":"sec.146","sectionType":"section","heading":"Advances on account","content":"### sec.146 Advances on account\n\nIf 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.\nThe insurer may exercise the power under subsection (1) at any time before the entitlement to compensation is—\nascertained; or\nreviewed under chapter 13 .\n(sec.146-ssec.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.\n(sec.146-ssec.2) The insurer may exercise the power under subsection (1) at any time before the entitlement to compensation is— ascertained; or reviewed under chapter 13 .\n- (a) ascertained; or\n- (b) reviewed under chapter 13 .","sortOrder":263},{"sectionNumber":"ch.3-pt.9-div.2A","sectionType":"division","heading":"Commencement of weekly payments","content":"## Commencement of weekly payments","sortOrder":264},{"sectionNumber":"sec.146A","sectionType":"section","heading":"Employer to provide necessary information to WorkCover","content":"### sec.146A Employer to provide necessary information to WorkCover\n\nThis section applies if—\nan application for compensation for an injury sustained by a worker is lodged with WorkCover; and\nWorkCover does not have the information necessary to calculate the weekly payment of compensation to which the worker will be entitled if the application is allowed.\nWorkCover must, before or immediately after allowing the application for compensation, give a written notice to the worker’s employer requesting the necessary information.\nThe notice must state—\nthat the employer must give WorkCover the necessary information stated in the notice within 5 business days after receiving the notice; and\nthat it is an offence to fail to comply with the notice without reasonable excuse; and\nthat a penalty may be imposed by WorkCover for failure to comply with the notice.\nThe employer must comply with the notice, unless the employer has a reasonable excuse.\nMaximum penalty—300 penalty units.\nWorkCover may require the employer to pay WorkCover an amount by way of penalty if—\nthe employer fails to comply with the notice; and\nWorkCover pays the worker an amount of compensation as a basic weekly payment under section 146B .\nThe amount of the penalty is equal to the difference between the following—\nthe amount of weekly payments of compensation to which the worker is entitled for the period—\ncommencing 5 business days after the notice requiring the employer to give the necessary information to WorkCover is received by the employer; and\nending on the last day for which the worker is paid a basic weekly payment under section 146B ;\nthe amount of compensation that is paid as a basic weekly payment under section 146B to the worker for the same period.\nWorkCover may recover the amount from the employer—\nas a debt; or\nas an addition to a premium payable by the employer.\nThe employer may apply to WorkCover in writing to waive or reduce the penalty because of extenuating circumstances.\nThe application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case.\nWorkCover must consider the application and may—\nwaive or reduce the penalty; or\nrefuse to waive or reduce the penalty.\nIf the employer is dissatisfied with WorkCover’s decision, the employer may have the decision reviewed under chapter 13 .\ns 146A ins 2024 No. 40 s 35\n(sec.146A-ssec.1) This section applies if— an application for compensation for an injury sustained by a worker is lodged with WorkCover; and WorkCover does not have the information necessary to calculate the weekly payment of compensation to which the worker will be entitled if the application is allowed.\n(sec.146A-ssec.2) WorkCover must, before or immediately after allowing the application for compensation, give a written notice to the worker’s employer requesting the necessary information.\n(sec.146A-ssec.3) The notice must state— that the employer must give WorkCover the necessary information stated in the notice within 5 business days after receiving the notice; and that it is an offence to fail to comply with the notice without reasonable excuse; and that a penalty may be imposed by WorkCover for failure to comply with the notice.\n(sec.146A-ssec.4) The employer must comply with the notice, unless the employer has a reasonable excuse. Maximum penalty—300 penalty units.\n(sec.146A-ssec.5) WorkCover may require the employer to pay WorkCover an amount by way of penalty if— the employer fails to comply with the notice; and WorkCover pays the worker an amount of compensation as a basic weekly payment under section 146B .\n(sec.146A-ssec.6) The amount of the penalty is equal to the difference between the following— the amount of weekly payments of compensation to which the worker is entitled for the period— commencing 5 business days after the notice requiring the employer to give the necessary information to WorkCover is received by the employer; and ending on the last day for which the worker is paid a basic weekly payment under section 146B ; the amount of compensation that is paid as a basic weekly payment under section 146B to the worker for the same period.\n(sec.146A-ssec.7) WorkCover may recover the amount from the employer— as a debt; or as an addition to a premium payable by the employer.\n(sec.146A-ssec.8) The employer may apply to WorkCover in writing to waive or reduce the penalty because of extenuating circumstances.\n(sec.146A-ssec.9) The application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case.\n(sec.146A-ssec.10) WorkCover must consider the application and may— waive or reduce the penalty; or refuse to waive or reduce the penalty.\n(sec.146A-ssec.11) If the employer is dissatisfied with WorkCover’s decision, the employer may have the decision reviewed under chapter 13 .\n- (a) an application for compensation for an injury sustained by a worker is lodged with WorkCover; and\n- (b) WorkCover does not have the information necessary to calculate the weekly payment of compensation to which the worker will be entitled if the application is allowed.\n- (a) that the employer must give WorkCover the necessary information stated in the notice within 5 business days after receiving the notice; and\n- (b) that it is an offence to fail to comply with the notice without reasonable excuse; and\n- (c) that a penalty may be imposed by WorkCover for failure to comply with the notice.\n- (a) the employer fails to comply with the notice; and\n- (b) WorkCover pays the worker an amount of compensation as a basic weekly payment under section 146B .\n- (a) the amount of weekly payments of compensation to which the worker is entitled for the period— (i) commencing 5 business days after the notice requiring the employer to give the necessary information to WorkCover is received by the employer; and (ii) ending on the last day for which the worker is paid a basic weekly payment under section 146B ;\n- (i) commencing 5 business days after the notice requiring the employer to give the necessary information to WorkCover is received by the employer; and\n- (ii) ending on the last day for which the worker is paid a basic weekly payment under section 146B ;\n- (b) the amount of compensation that is paid as a basic weekly payment under section 146B to the worker for the same period.\n- (i) commencing 5 business days after the notice requiring the employer to give the necessary information to WorkCover is received by the employer; and\n- (ii) ending on the last day for which the worker is paid a basic weekly payment under section 146B ;\n- (a) as a debt; or\n- (b) as an addition to a premium payable by the employer.\n- (a) waive or reduce the penalty; or\n- (b) refuse to waive or reduce the penalty.","sortOrder":265},{"sectionNumber":"sec.146B","sectionType":"section","heading":"Requirement to pay basic weekly payment while waiting for information","content":"### sec.146B Requirement to pay basic weekly payment while waiting for information\n\nThis section applies if the insurer—\nmakes a decision to allow a worker’s application for compensation; and\ndoes not have the information necessary to calculate the weekly payment of compensation to which the worker is entitled.\nThis section applies whether or not the insurer advances amounts to the worker under section 146 .\nThe insurer must commence making a basic weekly payment of compensation to the worker on the later of the following—\nthe expiry of 5 business days after the day the decision to allow the worker’s application for compensation is made;\nthe expiry of the excess period in relation to the worker.\nMaximum penalty—300 penalty units.\nIf the worker is engaged in full-time work, the basic weekly payment of compensation must be—\nan amount equal to 55% of QOTE; or\nif a different amount is prescribed by regulation—that amount.\nIf the worker is not engaged in full-time work, the basic weekly payment of compensation must be an amount—\nnot greater than the amount that would be payable for a worker engaged in full-time work; and\ncalculated—\nas prescribed by regulation; or\nif a method of calculation is not prescribed by regulation—on a pro rata basis having regard to the hours usually worked by the worker in the preceding 4 weeks or a reasonable estimate of those hours.\nThe basic weekly payment of compensation must continue until the insurer is able to commence paying the weekly payment of compensation to which the worker is entitled.\ns 146B ins 2024 No. 40 s 35\n(sec.146B-ssec.1) This section applies if the insurer— makes a decision to allow a worker’s application for compensation; and does not have the information necessary to calculate the weekly payment of compensation to which the worker is entitled.\n(sec.146B-ssec.2) This section applies whether or not the insurer advances amounts to the worker under section 146 .\n(sec.146B-ssec.3) The insurer must commence making a basic weekly payment of compensation to the worker on the later of the following— the expiry of 5 business days after the day the decision to allow the worker’s application for compensation is made; the expiry of the excess period in relation to the worker. Maximum penalty—300 penalty units.\n(sec.146B-ssec.4) If the worker is engaged in full-time work, the basic weekly payment of compensation must be— an amount equal to 55% of QOTE; or if a different amount is prescribed by regulation—that amount.\n(sec.146B-ssec.5) If the worker is not engaged in full-time work, the basic weekly payment of compensation must be an amount— not greater than the amount that would be payable for a worker engaged in full-time work; and calculated— as prescribed by regulation; or if a method of calculation is not prescribed by regulation—on a pro rata basis having regard to the hours usually worked by the worker in the preceding 4 weeks or a reasonable estimate of those hours.\n(sec.146B-ssec.6) The basic weekly payment of compensation must continue until the insurer is able to commence paying the weekly payment of compensation to which the worker is entitled.\n- (a) makes a decision to allow a worker’s application for compensation; and\n- (b) does not have the information necessary to calculate the weekly payment of compensation to which the worker is entitled.\n- (a) the expiry of 5 business days after the day the decision to allow the worker’s application for compensation is made;\n- (b) the expiry of the excess period in relation to the worker.\n- (a) an amount equal to 55% of QOTE; or\n- (b) if a different amount is prescribed by regulation—that amount.\n- (a) not greater than the amount that would be payable for a worker engaged in full-time work; and\n- (b) calculated— (i) as prescribed by regulation; or (ii) if a method of calculation is not prescribed by regulation—on a pro rata basis having regard to the hours usually worked by the worker in the preceding 4 weeks or a reasonable estimate of those hours.\n- (i) as prescribed by regulation; or\n- (ii) if a method of calculation is not prescribed by regulation—on a pro rata basis having regard to the hours usually worked by the worker in the preceding 4 weeks or a reasonable estimate of those hours.\n- (i) as prescribed by regulation; or\n- (ii) if a method of calculation is not prescribed by regulation—on a pro rata basis having regard to the hours usually worked by the worker in the preceding 4 weeks or a reasonable estimate of those hours.","sortOrder":266},{"sectionNumber":"sec.146C","sectionType":"section","heading":"Commencing full weekly payment","content":"### sec.146C Commencing full weekly payment\n\nThe insurer must, as soon as practicable after making a decision to allow a worker’s application for compensation, commence making the weekly payment of compensation to which the worker is entitled.\ns 146C ins 2024 No. 40 s 35","sortOrder":267},{"sectionNumber":"ch.3-pt.9-div.3","sectionType":"division","heading":"Adjustment of entitlements under part 9","content":"## Adjustment of entitlements under part 9","sortOrder":268},{"sectionNumber":"sec.147","sectionType":"section","heading":"Worker can not receive more than if injury had not been sustained","content":"### sec.147 Worker can not receive more than if injury had not been sustained\n\nA 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.\nSubsection (1) has effect despite any other provision of this part.\n(sec.147-ssec.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.\n(sec.147-ssec.2) Subsection (1) has effect despite any other provision of this part.","sortOrder":269},{"sectionNumber":"sec.148","sectionType":"section","heading":"Regard to other benefits for workers","content":"### sec.148 Regard to other benefits for workers\n\nDespite divisions 4 and 5 , in assessing the amount of weekly payment of compensation, the insurer—\nmay have regard to the amount of an entitlement had by the worker independently of this Act by way of—\npayment or other benefit that is being, has been, or will be received by the worker; and\npayment that is being, has been, or will be made on account of the worker; and\nmay 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.\n- (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\n- (i) payment or other benefit that is being, has been, or will be received by the worker; and\n- (ii) payment that is being, has been, or will be made on account of the worker; and\n- (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.\n- (i) payment or other benefit that is being, has been, or will be received by the worker; and\n- (ii) payment that is being, has been, or will be made on account of the worker; and","sortOrder":270},{"sectionNumber":"ch.3-pt.9-div.4","sectionType":"division","heading":"Entitlement for total incapacity","content":"## Entitlement for total incapacity","sortOrder":271},{"sectionNumber":"sec.149","sectionType":"section","heading":"Entitlement to weekly payments","content":"### sec.149 Entitlement to weekly payments\n\nCompensation payable to a totally incapacitated worker or person to whom subdivision 3 or 4 applies is a weekly payment under this division.","sortOrder":272},{"sectionNumber":"sec.150","sectionType":"section","heading":"Total incapacity—workers whose employment is governed by an industrial instrument","content":"### sec.150 Total incapacity—workers whose employment is governed by an industrial instrument\n\nThe compensation payable to a totally incapacitated worker whose employment is governed by an industrial instrument is, for each week—\nfor the first 26 weeks of the incapacity, the greater of the following—\n85% of the worker’s NWE;\nthe amount payable under the worker’s industrial instrument; and\nfrom 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—\n75% of the worker’s NWE;\n70% of QOTE; and\nfrom the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity—\nif a worker demonstrates to the insurer that the injury could result in a DPI of more than 15%—the greater of the following—\n75% of the worker’s NWE;\n70% of QOTE; or\notherwise—an amount equal to the single pension rate.\nHowever, 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) .\ns 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)\n(sec.150-ssec.1) The compensation payable to a totally incapacitated worker whose employment is governed by an industrial instrument is, for each week— for the first 26 weeks of the incapacity, the greater of the following— 85% of the worker’s NWE; the amount payable under the worker’s industrial instrument; and 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— 75% of the worker’s NWE; 70% of QOTE; and from the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity— if a worker demonstrates to the insurer that the injury could result in a DPI of more than 15%—the greater of the following— 75% of the worker’s NWE; 70% of QOTE; or otherwise—an amount equal to the single pension rate.\n(sec.150-ssec.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) .\n- (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\n- (i) 85% of the worker’s NWE;\n- (ii) the amount payable under the worker’s industrial instrument; and\n- (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\n- (i) 75% of the worker’s NWE;\n- (ii) 70% of QOTE; and\n- (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.\n- (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\n- (A) 75% of the worker’s NWE;\n- (B) 70% of QOTE; or\n- (ii) otherwise—an amount equal to the single pension rate.\n- (i) 85% of the worker’s NWE;\n- (ii) the amount payable under the worker’s industrial instrument; and\n- (i) 75% of the worker’s NWE;\n- (ii) 70% of QOTE; and\n- (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\n- (A) 75% of the worker’s NWE;\n- (B) 70% of QOTE; or\n- (ii) otherwise—an amount equal to the single pension rate.\n- (A) 75% of the worker’s NWE;\n- (B) 70% of QOTE; or","sortOrder":273},{"sectionNumber":"sec.151","sectionType":"section","heading":"Total incapacity—workers whose employment is not governed by industrial instrument","content":"### sec.151 Total incapacity—workers whose employment is not governed by industrial instrument\n\nThe compensation payable to a totally incapacitated worker whose employment is not governed by an industrial instrument is, for each week—\nfor the first 26 weeks of the incapacity, the greater of the following—\n85% of the worker’s NWE;\n80% of QOTE; and\nfrom 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—\n75% of the worker’s NWE;\n70% of QOTE; and\nfrom the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity—\nif a worker demonstrates to the insurer that the injury could result in a DPI of more than 15%—the greater of the following—\n75% of the worker’s NWE;\n70% of QOTE; or\notherwise—an amount equal to the single pension rate.\nHowever, the amount must not be more than the worker’s NWE.\ns 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)\n(sec.151-ssec.1) The compensation payable to a totally incapacitated worker whose employment is not governed by an industrial instrument is, for each week— for the first 26 weeks of the incapacity, the greater of the following— 85% of the worker’s NWE; 80% of QOTE; and 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— 75% of the worker’s NWE; 70% of QOTE; and from the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity— if a worker demonstrates to the insurer that the injury could result in a DPI of more than 15%—the greater of the following— 75% of the worker’s NWE; 70% of QOTE; or otherwise—an amount equal to the single pension rate.\n(sec.151-ssec.2) However, the amount must not be more than the worker’s NWE.\n- (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\n- (i) 85% of the worker’s NWE;\n- (ii) 80% of QOTE; and\n- (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\n- (i) 75% of the worker’s NWE;\n- (ii) 70% of QOTE; and\n- (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.\n- (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\n- (A) 75% of the worker’s NWE;\n- (B) 70% of QOTE; or\n- (ii) otherwise—an amount equal to the single pension rate.\n- (i) 85% of the worker’s NWE;\n- (ii) 80% of QOTE; and\n- (i) 75% of the worker’s NWE;\n- (ii) 70% of QOTE; and\n- (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\n- (A) 75% of the worker’s NWE;\n- (B) 70% of QOTE; or\n- (ii) otherwise—an amount equal to the single pension rate.\n- (A) 75% of the worker’s NWE;\n- (B) 70% of QOTE; or","sortOrder":274},{"sectionNumber":"sec.152","sectionType":"section","heading":"Total incapacity—certain contract workers","content":"### sec.152 Total incapacity—certain contract workers\n\nThe compensation payable to a totally incapacitated contract worker is, for each week—\nfor the first 26 weeks of the incapacity, the greater of the following—\n85% of the worker’s NWE;\nthe amount payable under the worker’s contract of service; and\nfrom 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—\n75% of the worker’s NWE;\n70% of QOTE; and\nfrom the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity—\nif a worker demonstrates to the insurer that the injury could result in a DPI of more than 15%—the greater of the following—\n75% of the worker’s NWE;\n70% of QOTE; or\notherwise—an amount equal to the single pension rate.\nHowever, 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) .\nIn this section—\ncontract worker means a worker employed under a contract of service—\nas a public service officer; or\nas an officer of a government entity; or\nby a university; or\nas a salaried employee in the electricity industry; or\nas a health service employee under the Hospital and Health Boards Act 2011 .\ns 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)\n(sec.152-ssec.1) The compensation payable to a totally incapacitated contract worker is, for each week— for the first 26 weeks of the incapacity, the greater of the following— 85% of the worker’s NWE; the amount payable under the worker’s contract of service; and 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— 75% of the worker’s NWE; 70% of QOTE; and from the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity— if a worker demonstrates to the insurer that the injury could result in a DPI of more than 15%—the greater of the following— 75% of the worker’s NWE; 70% of QOTE; or otherwise—an amount equal to the single pension rate.\n(sec.152-ssec.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) .\n(sec.152-ssec.3) In this section— contract worker means a worker employed under a contract of service— as a public service officer; or as an officer of a government entity; or by a university; or as a salaried employee in the electricity industry; or as a health service employee under the Hospital and Health Boards Act 2011 .\n- (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\n- (i) 85% of the worker’s NWE;\n- (ii) the amount payable under the worker’s contract of service; and\n- (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\n- (i) 75% of the worker’s NWE;\n- (ii) 70% of QOTE; and\n- (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.\n- (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\n- (A) 75% of the worker’s NWE;\n- (B) 70% of QOTE; or\n- (ii) otherwise—an amount equal to the single pension rate.\n- (i) 85% of the worker’s NWE;\n- (ii) the amount payable under the worker’s contract of service; and\n- (i) 75% of the worker’s NWE;\n- (ii) 70% of QOTE; and\n- (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\n- (A) 75% of the worker’s NWE;\n- (B) 70% of QOTE; or\n- (ii) otherwise—an amount equal to the single pension rate.\n- (A) 75% of the worker’s NWE;\n- (B) 70% of QOTE; or\n- (a) as a public service officer; or\n- (b) as an officer of a government entity; or\n- (c) by a university; or\n- (d) as a salaried employee in the electricity industry; or\n- (e) as a health service employee under the Hospital and Health Boards Act 2011 .","sortOrder":275},{"sectionNumber":"sec.153","sectionType":"section","heading":"Total incapacity—casual or part-time workers","content":"### sec.153 Total incapacity—casual or part-time workers\n\nThe compensation payable to a totally incapacitated worker engaged in casual or part-time employment is a payment under section 150 , 151 or 152 .\nHowever, the payment must not be more than the worker’s NWE.\n(sec.153-ssec.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 .\n(sec.153-ssec.2) However, the payment must not be more than the worker’s NWE.","sortOrder":276},{"sectionNumber":"sec.154","sectionType":"section","heading":"Total incapacity—workers receiving certain benefits under Commonwealth law","content":"### sec.154 Total incapacity—workers receiving certain benefits under Commonwealth law\n\nThis 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.\nThe compensation payable to the worker is the lesser of the following amounts—\nthe amount the worker was earning at the time of the injury;\nthe amount the worker is entitled to earn before the maximum pension payable to the worker is reduced.\n(sec.154-ssec.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.\n(sec.154-ssec.2) The compensation payable to the worker is the lesser of the following amounts— the amount the worker was earning at the time of the injury; the amount the worker is entitled to earn before the maximum pension payable to the worker is reduced.\n- (a) the amount the worker was earning at the time of the injury;\n- (b) the amount the worker is entitled to earn before the maximum pension payable to the worker is reduced.","sortOrder":277},{"sectionNumber":"sec.155","sectionType":"section","heading":"Total incapacity—workers with more than 1 employer","content":"### sec.155 Total incapacity—workers with more than 1 employer\n\nThis section applies if—\na totally incapacitated worker is employed by more than 1 employer when the injury is sustained; and\nthe worker’s employment with 1 employer is other than as a casual employee.\nThe 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.\nIf the insurer makes a decision under subsection (2) , the entitlement to compensation is calculated under the industrial instrument decided by the insurer.\n(sec.155-ssec.1) This section applies if— a totally incapacitated worker is employed by more than 1 employer when the injury is sustained; and the worker’s employment with 1 employer is other than as a casual employee.\n(sec.155-ssec.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.\n(sec.155-ssec.3) If the insurer makes a decision under subsection (2) , the entitlement to compensation is calculated under the industrial instrument decided by the insurer.\n- (a) a totally incapacitated worker is employed by more than 1 employer when the injury is sustained; and\n- (b) the worker’s employment with 1 employer is other than as a casual employee.","sortOrder":278},{"sectionNumber":"sec.156","sectionType":"section","heading":"Application of sdiv 3","content":"### sec.156 Application of sdiv 3\n\nThis subdivision applies to a person entitled to compensation, other than a worker, a student or an eligible person.","sortOrder":279},{"sectionNumber":"sec.157","sectionType":"section","heading":"Total incapacity","content":"### sec.157 Total incapacity\n\nThe compensation payable to a totally incapacitated person is a payment under this section.\nThe payment for a person who is not in employment or self-employed is the amount (if any) that WorkCover considers is reasonable.\nHowever, the payment under subsection (2) must not be more than 70% of QOTE.\nThe payment for a person who is employed, but not self-employed, is a payment under section 150 , 151 , 152 , 153 , 154 or 155 .\nThe payment for a person who is self-employed is, for each week—\nfor the first 26 weeks of the incapacity—\nif subparagraph (ii) does not apply—80% of QOTE; or\nif the person replaces the person’s labour—the payment under subsection (6) ; and\nfrom 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—\n70% of QOTE;\nthe reasonable cost of labour paid to replace the person; and\nfrom the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity—\nif a person demonstrates to WorkCover that the injury could result in a DPI of more than 15%—the greater of the following—\n75% of the person’s NWE;\n70% of QOTE; or\notherwise—an amount equal to the single pension rate.\nFor subsection (5) (a) (ii) , the amount is—\nif paragraph (b) does not apply—85% of the reasonable cost of labour paid to replace the person; or\nif 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.\ns 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)\n(sec.157-ssec.1) The compensation payable to a totally incapacitated person is a payment under this section.\n(sec.157-ssec.2) The payment for a person who is not in employment or self-employed is the amount (if any) that WorkCover considers is reasonable.\n(sec.157-ssec.3) However, the payment under subsection (2) must not be more than 70% of QOTE.\n(sec.157-ssec.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 .\n(sec.157-ssec.5) The payment for a person who is self-employed is, for each week— for the first 26 weeks of the incapacity— if subparagraph (ii) does not apply—80% of QOTE; or if the person replaces the person’s labour—the payment under subsection (6) ; and 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— 70% of QOTE; the reasonable cost of labour paid to replace the person; and from the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity— if a person demonstrates to WorkCover that the injury could result in a DPI of more than 15%—the greater of the following— 75% of the person’s NWE; 70% of QOTE; or otherwise—an amount equal to the single pension rate.\n(sec.157-ssec.6) For subsection (5) (a) (ii) , the amount is— if paragraph (b) does not apply—85% of the reasonable cost of labour paid to replace the person; or 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.\n- (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\n- (i) if subparagraph (ii) does not apply—80% of QOTE; or\n- (ii) if the person replaces the person’s labour—the payment under subsection (6) ; and\n- (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\n- (i) 70% of QOTE;\n- (ii) the reasonable cost of labour paid to replace the person; and\n- (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.\n- (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\n- (A) 75% of the person’s NWE;\n- (B) 70% of QOTE; or\n- (ii) otherwise—an amount equal to the single pension rate.\n- (i) if subparagraph (ii) does not apply—80% of QOTE; or\n- (ii) if the person replaces the person’s labour—the payment under subsection (6) ; and\n- (i) 70% of QOTE;\n- (ii) the reasonable cost of labour paid to replace the person; and\n- (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\n- (A) 75% of the person’s NWE;\n- (B) 70% of QOTE; or\n- (ii) otherwise—an amount equal to the single pension rate.\n- (A) 75% of the person’s NWE;\n- (B) 70% of QOTE; or\n- (a) if paragraph (b) does not apply—85% of the reasonable cost of labour paid to replace the person; or\n- (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.","sortOrder":280},{"sectionNumber":"sec.158","sectionType":"section","heading":"Application of sdiv 4","content":"### sec.158 Application of sdiv 4\n\nThis subdivision applies to an eligible person.","sortOrder":281},{"sectionNumber":"sec.159","sectionType":"section","heading":"Total incapacity","content":"### sec.159 Total incapacity\n\nThe compensation payable to a totally incapacitated person is, for each week—\nfor the first 26 weeks of the incapacity—\nthe lesser of the following—\n85% of the amount stated in the person’s contract of insurance;\nthe person’s actual earnings when the injury was sustained; or\nif the person replaces the person’s labour—the payment under subsection (2) ; and\nfrom the end of the first 26 weeks of the incapacity until the end of the first 2 years of the incapacity—\nthe greater of the following—\n75% of the amount stated in the person’s contract of insurance;\n70% of QOTE; or\nif the person replaces the person’s labour—the payment under subsection (2) ; and\nfrom the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity—\nif the person demonstrates to WorkCover that the injury could result in a DPI of more than 15%—the greater of the following—\n75% of the amount stated in the person’s contract of insurance;\n70% of QOTE; or\notherwise—an amount equal to the single pension rate.\nFor subsection (1) (a) (ii) and (b)(ii), the amount is—\nif paragraph (b) does not apply—85% of the reasonable cost of labour paid to replace the person; or\nif 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.\nHowever, 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) .\ns 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)\n(sec.159-ssec.1) The compensation payable to a totally incapacitated person is, for each week— for the first 26 weeks of the incapacity— the lesser of the following— 85% of the amount stated in the person’s contract of insurance; the person’s actual earnings when the injury was sustained; or if the person replaces the person’s labour—the payment under subsection (2) ; and 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— 75% of the amount stated in the person’s contract of insurance; 70% of QOTE; or if the person replaces the person’s labour—the payment under subsection (2) ; and from the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity— if the person demonstrates to WorkCover that the injury could result in a DPI of more than 15%—the greater of the following— 75% of the amount stated in the person’s contract of insurance; 70% of QOTE; or otherwise—an amount equal to the single pension rate.\n(sec.159-ssec.2) For subsection (1) (a) (ii) and (b)(ii), the amount is— if paragraph (b) does not apply—85% of the reasonable cost of labour paid to replace the person; or 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.\n(sec.159-ssec.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) .\n- (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\n- (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\n- (A) 85% of the amount stated in the person’s contract of insurance;\n- (B) the person’s actual earnings when the injury was sustained; or\n- (ii) if the person replaces the person’s labour—the payment under subsection (2) ; and\n- (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\n- (i) the greater of the following— (A) 75% of the amount stated in the person’s contract of insurance; (B) 70% of QOTE; or\n- (A) 75% of the amount stated in the person’s contract of insurance;\n- (B) 70% of QOTE; or\n- (ii) if the person replaces the person’s labour—the payment under subsection (2) ; and\n- (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.\n- (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\n- (A) 75% of the amount stated in the person’s contract of insurance;\n- (B) 70% of QOTE; or\n- (ii) otherwise—an amount equal to the single pension rate.\n- (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\n- (A) 85% of the amount stated in the person’s contract of insurance;\n- (B) the person’s actual earnings when the injury was sustained; or\n- (ii) if the person replaces the person’s labour—the payment under subsection (2) ; and\n- (A) 85% of the amount stated in the person’s contract of insurance;\n- (B) the person’s actual earnings when the injury was sustained; or\n- (i) the greater of the following— (A) 75% of the amount stated in the person’s contract of insurance; (B) 70% of QOTE; or\n- (A) 75% of the amount stated in the person’s contract of insurance;\n- (B) 70% of QOTE; or\n- (ii) if the person replaces the person’s labour—the payment under subsection (2) ; and\n- (A) 75% of the amount stated in the person’s contract of insurance;\n- (B) 70% of QOTE; or\n- (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\n- (A) 75% of the amount stated in the person’s contract of insurance;\n- (B) 70% of QOTE; or\n- (ii) otherwise—an amount equal to the single pension rate.\n- (A) 75% of the amount stated in the person’s contract of insurance;\n- (B) 70% of QOTE; or\n- (a) if paragraph (b) does not apply—85% of the reasonable cost of labour paid to replace the person; or\n- (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.","sortOrder":282},{"sectionNumber":"sec.160","sectionType":"section","heading":"Total incapacity—reference about impairment to medical assessment tribunal","content":"### sec.160 Total incapacity—reference about impairment to medical assessment tribunal\n\nThis section applies if—\nfor 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\nfor 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.\nThe degree of permanent impairment that could result from the injury may be decided only by a medical assessment tribunal.\nThe insurer must refer the question of the degree of permanent impairment to a tribunal for decision.\nIn deciding the degree of permanent impairment that could result from the injury, a psychiatric or psychological injury must not be combined with another injury.\ns 160 amd 2004 No. 45 s 26 ; 2007 No. 52 s 13 ; 2013 No. 52 s 10 (retro)\n(sec.160-ssec.1) This section applies if— 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 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.\n(sec.160-ssec.2) The degree of permanent impairment that could result from the injury may be decided only by a medical assessment tribunal.\n(sec.160-ssec.3) The insurer must refer the question of the degree of permanent impairment to a tribunal for decision.\n(sec.160-ssec.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.\n- (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\n- (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.","sortOrder":283},{"sectionNumber":"ch.3-pt.9-div.5","sectionType":"division","heading":"Entitlement for partial incapacity","content":"## Entitlement for partial incapacity","sortOrder":284},{"sectionNumber":"sec.161","sectionType":"section","heading":"Application of sdiv 1","content":"### sec.161 Application of sdiv 1\n\nThis subdivision applies to a person entitled to compensation, other than an eligible person.","sortOrder":285},{"sectionNumber":"sec.162","sectionType":"section","heading":"Definitions for sdiv 1","content":"### sec.162 Definitions for sdiv 1\n\nIn this subdivision—\nLE means the worker’s or person’s loss of earnings, expressed as a weekly rate, because of the injury.\nloss of earnings means the difference between—\nthe amount of the worker’s or person’s normal weekly earnings at the time of injury; and\nthe amount—\nof the worker’s or person’s weekly earnings from employment during the period of partial incapacity; or\nif 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.\nMC 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.\nNWE see section 106 .\nPC means the compensation expressed as a weekly rate, payable for the injury on account of the partial incapacity.\n- (a) the amount of the worker’s or person’s normal weekly earnings at the time of injury; and\n- (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.\n- (i) of the worker’s or person’s weekly earnings from employment during the period of partial incapacity; or\n- (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.\n- (i) of the worker’s or person’s weekly earnings from employment during the period of partial incapacity; or\n- (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.","sortOrder":286},{"sectionNumber":"sec.163","sectionType":"section","heading":"Partial incapacity","content":"### sec.163 Partial incapacity\n\nCompensation payable to a partially incapacitated worker or person is a weekly payment under this section.\nThe weekly payment is an amount calculated under the following formula—\nHowever, the amount must not be more than MC.\n(sec.163-ssec.1) Compensation payable to a partially incapacitated worker or person is a weekly payment under this section.\n(sec.163-ssec.2) The weekly payment is an amount calculated under the following formula—\n(sec.163-ssec.3) However, the amount must not be more than MC.","sortOrder":287},{"sectionNumber":"sec.164","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.164 Application of sdiv 2\n\nThis subdivision applies to an eligible person.","sortOrder":288},{"sectionNumber":"sec.165","sectionType":"section","heading":"Definitions for sdiv 2","content":"### sec.165 Definitions for sdiv 2\n\nIn this subdivision—\nAP means the amount payable under section 159 (1) (a) .\nLE means the person’s loss of earnings, expressed as a weekly rate, because of the injury.\nloss of earnings means the difference between—\nthe amount payable under section 159 (1) (a) ; and\nthe amount of the person’s weekly earnings from employment during the period of partial incapacity.\nMC 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.\nPC means the compensation expressed as a weekly rate, payable for the injury on account of the partial incapacity.\n- (a) the amount payable under section 159 (1) (a) ; and\n- (b) the amount of the person’s weekly earnings from employment during the period of partial incapacity.","sortOrder":289},{"sectionNumber":"sec.166","sectionType":"section","heading":"Partial incapacity","content":"### sec.166 Partial incapacity\n\nCompensation payable to a partially incapacitated person is a weekly payment under this section.\nThe weekly payment is an amount calculated under the following formula—\nHowever, the amount must not be more than MC.\n(sec.166-ssec.1) Compensation payable to a partially incapacitated person is a weekly payment under this section.\n(sec.166-ssec.2) The weekly payment is an amount calculated under the following formula—\n(sec.166-ssec.3) However, the amount must not be more than MC.","sortOrder":290},{"sectionNumber":"sec.167","sectionType":"section","heading":"Insurer may require information from partially incapacitated worker or person","content":"### sec.167 Insurer may require information from partially incapacitated worker or person\n\nAn 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.\nIf 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.\ns 167 amd 2004 No. 45 s 3 sch\n(sec.167-ssec.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.\n(sec.167-ssec.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.","sortOrder":291},{"sectionNumber":"ch.3-pt.9-div.6","sectionType":"division","heading":"Review of compensation","content":"## Review of compensation","sortOrder":292},{"sectionNumber":"sec.168","sectionType":"section","heading":"Review of compensation","content":"### sec.168 Review of compensation\n\nIf 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.\nOn the review, the insurer may terminate, suspend, decrease or increase the person’s entitlement to compensation under this Act.\nSee also chapter 4A , part 4 for reviews of entitlement to compensation under that chapter.\ns 168 amd 2016 No. 44 s 22\nsub 2019 No. 33 s 53\n(sec.168-ssec.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.\n(sec.168-ssec.2) On the review, the insurer may terminate, suspend, decrease or increase the person’s entitlement to compensation under this Act. See also chapter 4A , part 4 for reviews of entitlement to compensation under that chapter.","sortOrder":293},{"sectionNumber":"sec.169","sectionType":"section","heading":"Review of weekly payments—worker under 18","content":"### sec.169 Review of weekly payments—worker under 18\n\nThis section applies if a worker receiving weekly payments of compensation—\nwas under 18 years when the injury was sustained; and\na review takes place more than 12 months after the injury was sustained.\nThe worker’s entitlement to weekly compensation may be increased from the date of the review.\nThe 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.\nThis section does not limit another provision of this chapter that provides for a review of the worker’s entitlement.\ns 169 amd 2010 No. 24 s 3 sch\n(sec.169-ssec.1) This section applies if a worker receiving weekly payments of compensation— was under 18 years when the injury was sustained; and a review takes place more than 12 months after the injury was sustained.\n(sec.169-ssec.2) The worker’s entitlement to weekly compensation may be increased from the date of the review.\n(sec.169-ssec.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.\n(sec.169-ssec.4) This section does not limit another provision of this chapter that provides for a review of the worker’s entitlement.\n- (a) was under 18 years when the injury was sustained; and\n- (b) a review takes place more than 12 months after the injury was sustained.","sortOrder":294},{"sectionNumber":"sec.170","sectionType":"section","heading":"Recovery of compensation overpaid","content":"### sec.170 Recovery of compensation overpaid\n\nThis 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.\nThe insurer may—\nrecover from the worker or person the difference between the payment and the entitlement; or\nfrom 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.\nIf the overpayment has been made because of incorrect information given by a worker’s employer, WorkCover may recover the overpaid amount from the employer.\n(sec.170-ssec.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.\n(sec.170-ssec.2) The insurer may— recover from the worker or person the difference between the payment and the entitlement; or 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.\n(sec.170-ssec.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.\n- (a) recover from the worker or person the difference between the payment and the entitlement; or\n- (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.","sortOrder":295},{"sectionNumber":"ch.3-pt.9-div.7","sectionType":"division","heading":"Redemption of weekly payments","content":"## Redemption of weekly payments","sortOrder":296},{"sectionNumber":"sec.171","sectionType":"section","heading":"Redemption—worker receiving weekly payments for at least 2 years","content":"### sec.171 Redemption—worker receiving weekly payments for at least 2 years\n\nThis section applies if—\na worker has been receiving weekly payments of compensation for at least 2 years; and\nthe insurer receives a report from a doctor that the worker’s injury is not stable and stationary for the purposes of assessing permanent impairment.\nThe 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.\n(sec.171-ssec.1) This section applies if— a worker has been receiving weekly payments of compensation for at least 2 years; and 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.\n(sec.171-ssec.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.\n- (a) a worker has been receiving weekly payments of compensation for at least 2 years; and\n- (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.","sortOrder":297},{"sectionNumber":"sec.172","sectionType":"section","heading":"Redemption—worker moves interstate","content":"### sec.172 Redemption—worker moves interstate\n\nThis section applies if—\na worker receiving weekly payments of compensation moves interstate permanently; and\nthe insurer receives a report from a doctor that the worker’s injury is not stable and stationary for the purposes of assessing permanent impairment.\nThe 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.\n(sec.172-ssec.1) This section applies if— a worker receiving weekly payments of compensation moves interstate permanently; and 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.\n(sec.172-ssec.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.\n- (a) a worker receiving weekly payments of compensation moves interstate permanently; and\n- (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.","sortOrder":298},{"sectionNumber":"sec.173","sectionType":"section","heading":"Redemption—worker moves abroad","content":"### sec.173 Redemption—worker moves abroad\n\nThis section applies if a worker receiving weekly payments of compensation stops ordinarily residing in Australia.\nThe worker stops being entitled to compensation.\nHowever, 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.\nSubsection (2) does not apply to compensation under chapter 4A .\nSee 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.\ns 173 amd 2016 No. 44 s 23\n(sec.173-ssec.1) This section applies if a worker receiving weekly payments of compensation stops ordinarily residing in Australia.\n(sec.173-ssec.2) The worker stops being entitled to compensation.\n(sec.173-ssec.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.\n(sec.173-ssec.4) Subsection (2) does not apply to compensation under chapter 4A . 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.","sortOrder":299},{"sectionNumber":"sec.174","sectionType":"section","heading":"Calculation of redemption payment","content":"### sec.174 Calculation of redemption payment\n\nThe 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—\n(156 x Q) – TWP\nIn subsection (1) —\nQ is 70% of QOTE.\nTWP means the total weekly payments already paid to the worker.\ns 174 amd 2007 No. 52 s 14\n(sec.174-ssec.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\n(sec.174-ssec.2) In subsection (1) — Q is 70% of QOTE. TWP means the total weekly payments already paid to the worker.","sortOrder":300},{"sectionNumber":"sec.175","sectionType":"section","heading":"Review of redemption payment","content":"### sec.175 Review of redemption payment\n\nIf a worker asks, a redemption payment may be reviewed by the insurer within 12 months after the payment is made.\nOn a review, the insurer may decrease or, subject to section 174 , increase the payment.\n(sec.175-ssec.1) If a worker asks, a redemption payment may be reviewed by the insurer within 12 months after the payment is made.\n(sec.175-ssec.2) On a review, the insurer may decrease or, subject to section 174 , increase the payment.","sortOrder":301},{"sectionNumber":"sec.176","sectionType":"section","heading":"No compensation after redemption payment made","content":"### sec.176 No compensation after redemption payment made\n\nA 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.\nSubsection (1) does not apply to compensation under chapter 4A .\ns 176 amd 2016 No. 44 s 24\n(sec.176-ssec.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.\n(sec.176-ssec.2) Subsection (1) does not apply to compensation under chapter 4A .","sortOrder":302},{"sectionNumber":"ch.3-pt.9-div.8","sectionType":"division","heading":null,"content":"","sortOrder":303},{"sectionNumber":"ch.3-pt.10","sectionType":"part","heading":"Entitlement to compensation for permanent impairment","content":"# Entitlement to compensation for permanent impairment","sortOrder":304},{"sectionNumber":"ch.3-pt.10-div.1","sectionType":"division","heading":"General statement","content":"## General statement","sortOrder":305},{"sectionNumber":"sec.178","sectionType":"section","heading":"Entitlement to assessment of permanent impairment and lump sum compensation","content":"### sec.178 Entitlement to assessment of permanent impairment and lump sum compensation\n\nUnder 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.\nIf 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.\nIn particular circumstances, the worker may be entitled to a payment of additional lump sum compensation.\ns 178 amd 2013 No. 52 s 56 sch 1 (retro)\n(sec.178-ssec.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.\n(sec.178-ssec.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.\n(sec.178-ssec.3) In particular circumstances, the worker may be entitled to a payment of additional lump sum compensation.","sortOrder":306},{"sectionNumber":"ch.3-pt.10-div.1A","sectionType":"division","heading":"Advances on lump sum compensation","content":"## Advances on lump sum compensation","sortOrder":307},{"sectionNumber":"sec.178A","sectionType":"section","heading":"Advances on account","content":"### sec.178A Advances on account\n\nThis section applies if an insurer is satisfied that the worker—\nhas an entitlement to lump sum compensation for an injury; and\nis experiencing financial hardship.\nThe insurer may from time to time advance to the worker amounts on account of lump sum compensation as it considers appropriate in the circumstances.\nAcceptance 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.\nSee also section 128L .\ns 178A ins 2007 No. 52 s 15\namd 2017 No. 27 s 41 sch 1\n(sec.178A-ssec.1) This section applies if an insurer is satisfied that the worker— has an entitlement to lump sum compensation for an injury; and is experiencing financial hardship.\n(sec.178A-ssec.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.\n(sec.178A-ssec.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.\n- (a) has an entitlement to lump sum compensation for an injury; and\n- (b) is experiencing financial hardship.","sortOrder":308},{"sectionNumber":"ch.3-pt.10-div.2","sectionType":"division","heading":"Assessment of permanent impairment","content":"## Assessment of permanent impairment","sortOrder":309},{"sectionNumber":"sec.179","sectionType":"section","heading":"Assessment of permanent impairment","content":"### sec.179 Assessment of permanent impairment\n\nAn 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 (a DPI ).\nSee 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.\nThe insurer must have the DPI assessed—\nfor industrial deafness—by an audiologist; or\nfor a psychiatric or psychological injury—by a medical assessment tribunal; or\nfor another injury—by a doctor.\nThe assessment must be made as required by the scheme directions and the DPI must be expressed as a percentage.\nA report of the assessment must be prepared and given to the insurer as required by the scheme directions.\nIf the worker sustains permanent impairment from multiple injuries sustained in 1 event—\nthe DPI for the injuries, other than a psychiatric or psychological injury, must be assessed together to decide the DPI for the injuries; and\nthe DPI for the psychiatric or psychological injury must be assessed separately to decide the DPI for the injury.\nA regulation may—\nprescribe additional requirements that must be met for an audiologist, a member of the medical assessment tribunal or a doctor to be authorised to make a DPI assessment; and\nprovide for the suspension or cancellation of an authorisation mentioned in paragraph (a) ; and\nestablish a process for the review of a DPI assessment or decision; and\nprovide for any other matter affecting a DPI assessment or decision.\ns 179 amd 2013 No. 52 s 12 (retro); 2017 No. 27 s 22 ; 2024 No. 40 s 36\n(sec.179-ssec.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 (a DPI ). 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.\n(sec.179-ssec.2) The insurer must have the DPI assessed— for industrial deafness—by an audiologist; or for a psychiatric or psychological injury—by a medical assessment tribunal; or for another injury—by a doctor.\n(sec.179-ssec.3) The assessment must be made as required by the scheme directions and the DPI must be expressed as a percentage.\n(sec.179-ssec.4) A report of the assessment must be prepared and given to the insurer as required by the scheme directions.\n(sec.179-ssec.5) If the worker sustains permanent impairment from multiple injuries sustained in 1 event— the DPI for the injuries, other than a psychiatric or psychological injury, must be assessed together to decide the DPI for the injuries; and the DPI for the psychiatric or psychological injury must be assessed separately to decide the DPI for the injury.\n(sec.179-ssec.6) A regulation may— prescribe additional requirements that must be met for an audiologist, a member of the medical assessment tribunal or a doctor to be authorised to make a DPI assessment; and provide for the suspension or cancellation of an authorisation mentioned in paragraph (a) ; and establish a process for the review of a DPI assessment or decision; and provide for any other matter affecting a DPI assessment or decision.\n- (a) for industrial deafness—by an audiologist; or\n- (b) for a psychiatric or psychological injury—by a medical assessment tribunal; or\n- (c) for another injury—by a doctor.\n- (a) the DPI for the injuries, other than a psychiatric or psychological injury, must be assessed together to decide the DPI for the injuries; and\n- (b) the DPI for the psychiatric or psychological injury must be assessed separately to decide the DPI for the injury.\n- (a) prescribe additional requirements that must be met for an audiologist, a member of the medical assessment tribunal or a doctor to be authorised to make a DPI assessment; and\n- (b) provide for the suspension or cancellation of an authorisation mentioned in paragraph (a) ; and\n- (c) establish a process for the review of a DPI assessment or decision; and\n- (d) provide for any other matter affecting a DPI assessment or decision.","sortOrder":310},{"sectionNumber":"sec.180","sectionType":"section","heading":"Calculation of lump sum compensation","content":"### sec.180 Calculation of lump sum compensation\n\nIf, 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.\nWithout limiting subsection (1) , lump sum compensation for injury must not include an amount for a degree of impairment attributable to—\na condition existing before the injury; or\na condition for which the worker is not entitled to compensation.\nThe 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 .\ns 180 amd 2013 No. 52 s 13 (retro)\n(sec.180-ssec.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.\n(sec.180-ssec.2) Without limiting subsection (1) , lump sum compensation for injury must not include an amount for a degree of impairment attributable to— a condition existing before the injury; or a condition for which the worker is not entitled to compensation.\n(sec.180-ssec.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 .\n- (a) a condition existing before the injury; or\n- (b) a condition for which the worker is not entitled to compensation.","sortOrder":311},{"sectionNumber":"sec.181","sectionType":"section","heading":"Regard to previous entitlement to lump sum compensation for injury other than industrial deafness","content":"### sec.181 Regard to previous entitlement to lump sum compensation for injury other than industrial deafness\n\nThis section applies if—\na 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\nthe worker sustains a further injury to the same part of the body (the later injury ).\nLump sum compensation under section 180 for the later injury must be reduced by the worker’s previous entitlement.\nA 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.\n(sec.181-ssec.1) This section applies if— 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 the worker sustains a further injury to the same part of the body (the later injury ).\n(sec.181-ssec.2) Lump sum compensation under section 180 for the later injury must be reduced by the worker’s previous entitlement. 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.\n- (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\n- (b) the worker sustains a further injury to the same part of the body (the later injury ).","sortOrder":312},{"sectionNumber":"sec.182","sectionType":"section","heading":"Regard to previous assessment for industrial deafness","content":"### sec.182 Regard to previous assessment for industrial deafness\n\nThis section applies if—\na worker has previously had an entitlement to lump sum compensation for industrial deafness; and\nthe worker sustains further industrial deafness.\nIn 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.\n(sec.182-ssec.1) This section applies if— a worker has previously had an entitlement to lump sum compensation for industrial deafness; and the worker sustains further industrial deafness.\n(sec.182-ssec.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.\n- (a) a worker has previously had an entitlement to lump sum compensation for industrial deafness; and\n- (b) the worker sustains further industrial deafness.","sortOrder":313},{"sectionNumber":"sec.183","sectionType":"section","heading":null,"content":"### Section sec.183\n\ns 183 amd 2013 No. 52 ss 14 (retro), 114 sch 2\nom 2024 No. 40 s 37","sortOrder":314},{"sectionNumber":"ch.3-pt.10-div.3","sectionType":"division","heading":"Notification of assessment of permanent impairment","content":"## Notification of assessment of permanent impairment","sortOrder":315},{"sectionNumber":"sec.184","sectionType":"section","heading":"Application of div 3","content":"### sec.184 Application of div 3\n\nThis division applies if an assessment of permanent impairment of a worker’s injury has been made under section 179 .","sortOrder":316},{"sectionNumber":"sec.185","sectionType":"section","heading":"Insurer to give notice of assessment of permanent impairment","content":"### sec.185 Insurer to give notice of assessment of permanent impairment\n\nThe 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.\nTo 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.\nThe notice must state—\nwhether the worker has sustained permanent impairment from the injury; and\nif the worker has sustained permanent impairment—\nthe DPI for the injury; and\nthe amount of lump sum compensation under section 180 to which the worker is entitled for the injury; and\nif the worker is entitled to additional lump sum compensation under division 4 —the worker’s entitlement.\ns 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\n(sec.185-ssec.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.\n(sec.185-ssec.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.\n(sec.185-ssec.3) The notice must state— whether the worker has sustained permanent impairment from the injury; and if the worker has sustained permanent impairment— the DPI for the injury; and the amount of lump sum compensation under section 180 to which the worker is entitled for the injury; and if the worker is entitled to additional lump sum compensation under division 4 —the worker’s entitlement.\n- (a) whether the worker has sustained permanent impairment from the injury; and\n- (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\n- (i) the DPI for the injury; and\n- (ii) the amount of lump sum compensation under section 180 to which the worker is entitled for the injury; and\n- (c) if the worker is entitled to additional lump sum compensation under division 4 —the worker’s entitlement.\n- (i) the DPI for the injury; and\n- (ii) the amount of lump sum compensation under section 180 to which the worker is entitled for the injury; and","sortOrder":317},{"sectionNumber":"sec.186","sectionType":"section","heading":"Worker’s disagreement with assessment of permanent impairment","content":"### sec.186 Worker’s disagreement with assessment of permanent impairment\n\nThis section applies if—\nthe worker’s degree of permanent impairment has not been assessed by a medical assessment tribunal; and\nthe worker does not agree with the degree of permanent impairment stated in the notice of assessment (the original notice ).\nThe worker must advise the insurer within 20 business days after the original notice is given (the decision period ) that the worker—\ndoes not agree with the degree of permanent impairment; and\nrequests—\nthat the insurer has the worker’s injury assessed again under section 179 by a different entity agreed to by the worker and the insurer; or\nthat the insurer refer the question of degree of permanent impairment to a tribunal for decision.\nIf 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.\nIf, 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.\nIf 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) .\nIf—\nunder subsection (3) , the insurer decides not to have the worker’s injury assessed again under section 179 ; or\nthe worker makes a request mentioned in subsection (2) (b) (ii) ;\nthe insurer must refer the question of degree of permanent impairment to a medical assessment tribunal for decision.\nThe degree of permanent impairment may then be decided only by a medical assessment tribunal.\ns 186 amd 2004 No. 45 s 3 sch ; 2013 No. 52 s 56 sch 1 (retro)\nsub 2013 No. 52 s 68A\namd 2015 No. 13 s 25 ; 2024 No. 40 s 65 sch 1\n(sec.186-ssec.1) This section applies if— the worker’s degree of permanent impairment has not been assessed by a medical assessment tribunal; and the worker does not agree with the degree of permanent impairment stated in the notice of assessment (the original notice ).\n(sec.186-ssec.2) The worker must advise the insurer within 20 business days after the original notice is given (the decision period ) that the worker— does not agree with the degree of permanent impairment; and requests— that the insurer has the worker’s injury assessed again under section 179 by a different entity agreed to by the worker and the insurer; or that the insurer refer the question of degree of permanent impairment to a tribunal for decision.\n(sec.186-ssec.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.\n(sec.186-ssec.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.\n(sec.186-ssec.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) .\n(sec.186-ssec.6) If— under subsection (3) , the insurer decides not to have the worker’s injury assessed again under section 179 ; or 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.\n(sec.186-ssec.7) The degree of permanent impairment may then be decided only by a medical assessment tribunal.\n- (a) the worker’s degree of permanent impairment has not been assessed by a medical assessment tribunal; and\n- (b) the worker does not agree with the degree of permanent impairment stated in the notice of assessment (the original notice ).\n- (a) does not agree with the degree of permanent impairment; and\n- (b) requests— (i) that the insurer has the worker’s injury assessed again under section 179 by a different entity agreed to by the worker and the insurer; or (ii) that the insurer refer the question of degree of permanent impairment to a tribunal for decision.\n- (i) that the insurer has the worker’s injury assessed again under section 179 by a different entity agreed to by the worker and the insurer; or\n- (ii) that the insurer refer the question of degree of permanent impairment to a tribunal for decision.\n- (i) that the insurer has the worker’s injury assessed again under section 179 by a different entity agreed to by the worker and the insurer; or\n- (ii) that the insurer refer the question of degree of permanent impairment to a tribunal for decision.\n- (a) under subsection (3) , the insurer decides not to have the worker’s injury assessed again under section 179 ; or\n- (b) the worker makes a request mentioned in subsection (2) (b) (ii) ;","sortOrder":318},{"sectionNumber":"sec.187","sectionType":"section","heading":"Offer of lump sum compensation","content":"### sec.187 Offer of lump sum compensation\n\nIf 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 ).","sortOrder":319},{"sectionNumber":"sec.188","sectionType":"section","heading":"Worker’s decision about lump sum compensation—DPI 20% or more","content":"### sec.188 Worker’s decision about lump sum compensation—DPI 20% or more\n\nThis section applies if—\nthe worker has—\na psychiatric or psychological injury from an event that results in a DPI of the worker of 20% or more; or\nanother injury from an event that results in a DPI of the worker of 20% or more; and\nthe worker has an entitlement to lump sum compensation.\nThe worker may accept or defer a decision about the offer by giving the insurer written notice within the decision period.\nThe worker is taken to have deferred the decision if, within the decision period, the worker does not advise the insurer that—\nthe offer is accepted; or\nthe worker wants to defer the decision.\nIf the worker accepts the offer, the insurer must pay the worker the amount of lump sum compensation.\ns 188 amd 2013 No. 52 s 56 sch 1 (retro)\n(sec.188-ssec.1) This section applies if— the worker has— a psychiatric or psychological injury from an event that results in a DPI of the worker of 20% or more; or another injury from an event that results in a DPI of the worker of 20% or more; and the worker has an entitlement to lump sum compensation.\n(sec.188-ssec.2) The worker may accept or defer a decision about the offer by giving the insurer written notice within the decision period.\n(sec.188-ssec.3) 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 the worker wants to defer the decision.\n(sec.188-ssec.4) If the worker accepts the offer, the insurer must pay the worker the amount of lump sum compensation.\n- (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\n- (i) a psychiatric or psychological injury from an event that results in a DPI of the worker of 20% or more; or\n- (ii) another injury from an event that results in a DPI of the worker of 20% or more; and\n- (b) the worker has an entitlement to lump sum compensation.\n- (i) a psychiatric or psychological injury from an event that results in a DPI of the worker of 20% or more; or\n- (ii) another injury from an event that results in a DPI of the worker of 20% or more; and\n- (a) the offer is accepted; or\n- (b) the worker wants to defer the decision.","sortOrder":320},{"sectionNumber":"sec.189","sectionType":"section","heading":"Worker’s decision about lump sum compensation—DPI less than 20% or no DPI","content":"### sec.189 Worker’s decision about lump sum compensation—DPI less than 20% or no DPI\n\nThis section applies if—\nthe worker—\nhas—\na psychiatric or psychological injury from an event that results in a DPI of the worker of less than 20%; or\nanother injury from an event that results in a DPI of the worker of less than 20%; and\nhas an entitlement to lump sum compensation; or\nthe worker has an injury that does not result in any DPI of the worker.\nThe insurer must also, when giving the notice of assessment—\ngive the worker a copy of sections 10 , 237 (3) , 239 , 240 and 316 ; and\nadvise the worker that the worker must make an irrevocable election as to whether the worker—\naccepts the offer of payment of lump sum compensation; or\nseeks damages for the injury; and\nwithout limiting paragraphs (a) and (b) , if the injury is pneumoconiosis—\ngive the worker a copy of part 3 , division 5 and division 5 of this part; and\nadvise 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.\nThe worker may accept, reject or defer a decision about the offer by giving the insurer written notice within the decision period.\nThe 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.\nIf the worker accepts the offer, the insurer must pay the worker the amount of lump sum compensation.\nIf 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.\nFor subsection (6) , the worker is taken to seek damages for the injury when the worker lodges a notice of claim under chapter 5 .\ns 189 amd 2010 No. 24 s 3 sch ; 2013 No. 52 s 16 (retro); 2017 No. 27 s 23\n(sec.189-ssec.1) This section applies if— the worker— has— a psychiatric or psychological injury from an event that results in a DPI of the worker of less than 20%; or another injury from an event that results in a DPI of the worker of less than 20%; and has an entitlement to lump sum compensation; or the worker has an injury that does not result in any DPI of the worker.\n(sec.189-ssec.2) The insurer must also, when giving the notice of assessment— give the worker a copy of sections 10 , 237 (3) , 239 , 240 and 316 ; and advise the worker that the worker must make an irrevocable election as to whether the worker— accepts the offer of payment of lump sum compensation; or seeks damages for the injury; and without limiting paragraphs (a) and (b) , if the injury is pneumoconiosis— give the worker a copy of part 3 , division 5 and division 5 of this part; and 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.\n(sec.189-ssec.3) The worker may accept, reject or defer a decision about the offer by giving the insurer written notice within the decision period.\n(sec.189-ssec.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.\n(sec.189-ssec.5) If the worker accepts the offer, the insurer must pay the worker the amount of lump sum compensation.\n(sec.189-ssec.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.\n(sec.189-ssec.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 .\n- (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\n- (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\n- (A) a psychiatric or psychological injury from an event that results in a DPI of the worker of less than 20%; or\n- (B) another injury from an event that results in a DPI of the worker of less than 20%; and\n- (ii) has an entitlement to lump sum compensation; or\n- (b) the worker has an injury that does not result in any DPI of the worker.\n- (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\n- (A) a psychiatric or psychological injury from an event that results in a DPI of the worker of less than 20%; or\n- (B) another injury from an event that results in a DPI of the worker of less than 20%; and\n- (ii) has an entitlement to lump sum compensation; or\n- (A) a psychiatric or psychological injury from an event that results in a DPI of the worker of less than 20%; or\n- (B) another injury from an event that results in a DPI of the worker of less than 20%; and\n- (a) give the worker a copy of sections 10 , 237 (3) , 239 , 240 and 316 ; and\n- (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\n- (i) accepts the offer of payment of lump sum compensation; or\n- (ii) seeks damages for the injury; and\n- (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.\n- (i) give the worker a copy of part 3 , division 5 and division 5 of this part; and\n- (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.\n- (i) accepts the offer of payment of lump sum compensation; or\n- (ii) seeks damages for the injury; and\n- (i) give the worker a copy of part 3 , division 5 and division 5 of this part; and\n- (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.","sortOrder":321},{"sectionNumber":"sec.190","sectionType":"section","heading":"No further compensation after fixed time","content":"### sec.190 No further compensation after fixed time\n\nThis section applies to a worker who has been given a notice of assessment.\nThe worker is not entitled to further compensation for the injury after the first of the following happens—\nthe worker notifies the insurer of the worker’s decision about the offer within the decision period;\n20 business days have passed since the worker received the offer.\nThis section does not limit the worker’s entitlement to payment of—\nlump sum compensation, if any, under part 3 , division 5 ; or\nlump sum compensation under section 188 (4) or 189 (5) ; or\nadditional compensation, if any, under division 4 ; or\ncompensation under chapter 4A .\ns 190 amd 2004 No. 45 s 3 sch ; 2016 No. 44 s 25 ; 2017 No. 27 s 24\n(sec.190-ssec.1) This section applies to a worker who has been given a notice of assessment.\n(sec.190-ssec.2) The worker is not entitled to further compensation for the injury after the first of the following happens— the worker notifies the insurer of the worker’s decision about the offer within the decision period; 20 business days have passed since the worker received the offer.\n(sec.190-ssec.3) This section does not limit the worker’s entitlement to payment of— lump sum compensation, if any, under part 3 , division 5 ; or lump sum compensation under section 188 (4) or 189 (5) ; or additional compensation, if any, under division 4 ; or compensation under chapter 4A .\n- (a) the worker notifies the insurer of the worker’s decision about the offer within the decision period;\n- (b) 20 business days have passed since the worker received the offer.\n- (a) lump sum compensation, if any, under part 3 , division 5 ; or\n- (b) lump sum compensation under section 188 (4) or 189 (5) ; or\n- (c) additional compensation, if any, under division 4 ; or\n- (d) compensation under chapter 4A .","sortOrder":322},{"sectionNumber":"ch.3-pt.10-div.4","sectionType":"division","heading":"Additional lump sum compensation","content":"## Additional lump sum compensation","sortOrder":323},{"sectionNumber":"sec.191","sectionType":"section","heading":"Application of div 4","content":"### sec.191 Application of div 4\n\nThis division applies only if a worker’s DPI has been decided.\ns 191 amd 2013 No. 52 s 56 sch 1 (retro)","sortOrder":324},{"sectionNumber":"sec.192","sectionType":"section","heading":"Additional lump sum compensation for workers with DPI of 30% or more","content":"### sec.192 Additional lump sum compensation for workers with DPI of 30% or more\n\nThis section applies if a worker sustains an injury that results in a DPI of 30% or more.\nThe worker is entitled to additional lump sum compensation of no more than 216.15 times QOTE for the injury, payable according to a graduated scale prescribed under a regulation.\nHowever, the worker is not entitled to additional lump sum compensation if the DPI arises from—\na psychiatric or psychological injury; or\ncombining a psychiatric or psychological injury and another injury.\ns 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 ; 2019 No. 33 s 54\n(sec.192-ssec.1) This section applies if a worker sustains an injury that results in a DPI of 30% or more.\n(sec.192-ssec.2) The worker is entitled to additional lump sum compensation of no more than 216.15 times QOTE for the injury, payable according to a graduated scale prescribed under a regulation.\n(sec.192-ssec.3) However, the worker is not entitled to additional lump sum compensation if the DPI arises from— a psychiatric or psychological injury; or combining a psychiatric or psychological injury and another injury.\n- (a) a psychiatric or psychological injury; or\n- (b) combining a psychiatric or psychological injury and another injury.","sortOrder":325},{"sectionNumber":"sec.193","sectionType":"section","heading":"Additional lump sum compensation for gratuitous care","content":"### sec.193 Additional lump sum compensation for gratuitous care\n\nThis section applies if a worker sustains an injury that results in—\na DPI of 15% or more; and\na moderate to total level of dependency on day to day care for the fundamental activities of daily living.\nThe worker is entitled to additional lump sum compensation only if—\nday 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\nthe worker resides at home on a permanent basis; and\nthe level of care required was not provided to the worker before the worker sustained the impairment; and\nthe worker physically demonstrates the level of dependency mentioned in subsection (1) (b) .\nHowever, a worker is not entitled to additional lump sum compensation if the DPI arises from—\na psychiatric or psychological injury; or\ncombining a psychiatric or psychological injury and another injury.\nThe 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.\nThe occupational therapist must give the insurer an assessment report stating—\nthe matters the therapist took into account, and the weight the therapist gave to the matters, in deciding the worker’s level of dependency; and\nany other information prescribed under a regulation.\nThe insurer must decide the amount of the worker’s entitlement to additional compensation of no more than 244.86 times QOTE, payable according to a graduated scale prescribed under a regulation, having regard to—\nthe worker’s DPI; and\nthe worker’s level of dependency; and\nany other information prescribed under a regulation.\nIf 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.\nIn this section—\nhome , of a worker, means a private dwelling where the worker usually resides.\ns 193 amd 2004 No. 45 s 29 ; 2005 No. 50 s 24 ; 2013 No. 52 s 56 sch 1 (retro); 2019 No. 33 s 55\n(sec.193-ssec.1) This section applies if a worker sustains an injury that results in— a DPI of 15% or more; and a moderate to total level of dependency on day to day care for the fundamental activities of daily living.\n(sec.193-ssec.2) The worker is entitled to additional lump sum compensation only if— 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 the worker resides at home on a permanent basis; and the level of care required was not provided to the worker before the worker sustained the impairment; and the worker physically demonstrates the level of dependency mentioned in subsection (1) (b) .\n(sec.193-ssec.3) However, a worker is not entitled to additional lump sum compensation if the DPI arises from— a psychiatric or psychological injury; or combining a psychiatric or psychological injury and another injury.\n(sec.193-ssec.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.\n(sec.193-ssec.5) The occupational therapist must give the insurer an assessment report stating— 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 any other information prescribed under a regulation.\n(sec.193-ssec.6) The insurer must decide the amount of the worker’s entitlement to additional compensation of no more than 244.86 times QOTE, payable according to a graduated scale prescribed under a regulation, having regard to— the worker’s DPI; and the worker’s level of dependency; and any other information prescribed under a regulation.\n(sec.193-ssec.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.\n(sec.193-ssec.8) In this section— home , of a worker, means a private dwelling where the worker usually resides.\n- (a) a DPI of 15% or more; and\n- (b) a moderate to total level of dependency on day to day care for the fundamental activities of daily living.\n- (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\n- (b) the worker resides at home on a permanent basis; and\n- (c) the level of care required was not provided to the worker before the worker sustained the impairment; and\n- (d) the worker physically demonstrates the level of dependency mentioned in subsection (1) (b) .\n- (a) a psychiatric or psychological injury; or\n- (b) combining a psychiatric or psychological injury and another injury.\n- (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\n- (b) any other information prescribed under a regulation.\n- (a) the worker’s DPI; and\n- (b) the worker’s level of dependency; and\n- (c) any other information prescribed under a regulation.","sortOrder":326},{"sectionNumber":"sec.193A","sectionType":"section","heading":"Additional lump sum compensation for particular workers","content":"### sec.193A Additional lump sum compensation for particular workers\n\nThis section applies to a worker who sustained an injury on or after 15 October 2013 and before 31 January 2015, if—\nthe worker’s injury—\nresults in a DPI of 5% or less; and\nis not a terminal condition; and\nthe worker has not accepted or rejected an offer of lump sum compensation from an insurer under section 189 .\nThe worker is entitled to additional lump sum compensation for the injury—\nup to an amount prescribed by regulation; and\nsubject to the conditions prescribed by regulation.\nA 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.\ns 193A ins 2015 No. 13 s 33\n(sec.193A-ssec.1) This section applies to a worker who sustained an injury on or after 15 October 2013 and before 31 January 2015, if— the worker’s injury— results in a DPI of 5% or less; and is not a terminal condition; and the worker has not accepted or rejected an offer of lump sum compensation from an insurer under section 189 .\n(sec.193A-ssec.2) The worker is entitled to additional lump sum compensation for the injury— up to an amount prescribed by regulation; and subject to the conditions prescribed by regulation.\n(sec.193A-ssec.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.\n- (a) the worker’s injury— (i) results in a DPI of 5% or less; and (ii) is not a terminal condition; and\n- (i) results in a DPI of 5% or less; and\n- (ii) is not a terminal condition; and\n- (b) the worker has not accepted or rejected an offer of lump sum compensation from an insurer under section 189 .\n- (i) results in a DPI of 5% or less; and\n- (ii) is not a terminal condition; and\n- (a) up to an amount prescribed by regulation; and\n- (b) subject to the conditions prescribed by regulation.","sortOrder":327},{"sectionNumber":"ch.3-pt.10-div.5","sectionType":"division","heading":"Particular workers with pneumoconiosis","content":"## Particular workers with pneumoconiosis","sortOrder":328},{"sectionNumber":"sec.193B","sectionType":"section","heading":"Application of division","content":"### sec.193B Application of division\n\nThis division applies to a worker who has sustained an injury that is pneumoconiosis if—\nthe 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\nat any time after the notice is given, the worker’s pneumoconiosis score for the injury increases and falls within a higher pneumoconiosis band; and\nif 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.\nFor 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.\ns 193B ins 2017 No. 27 s 25\n(sec.193B-ssec.1) This division applies to a worker who has sustained an injury that is pneumoconiosis if— 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 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 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.\n(sec.193B-ssec.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.\n- (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\n- (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\n- (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.","sortOrder":329},{"sectionNumber":"sec.193C","sectionType":"section","heading":"Further assessment under s 179","content":"### sec.193C Further assessment under s 179\n\nThe insurer may decide, or the worker may ask the insurer, to have the worker’s injury further assessed under section 179 to decide—\nif 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\notherwise—whether the injury has resulted in a degree of permanent impairment.\ns 193C ins 2017 No. 27 s 25\n- (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\n- (b) otherwise—whether the injury has resulted in a degree of permanent impairment.","sortOrder":330},{"sectionNumber":"sec.193D","sectionType":"section","heading":"Entitlement of worker to lump sum compensation under s 180 and div 4","content":"### sec.193D Entitlement of worker to lump sum compensation under s 180 and div 4\n\nThis 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 ).\nThe worker is entitled to lump sum compensation for the injury under the following provisions, calculated on the basis of the worker’s current DPI—\nsection 180 ;\ndivision 4 .\nHowever, the amount of compensation payable under section 180 and division 4 must be reduced by the total of—\nthe amount of any compensation previously paid under those provisions for the injury; and\nthe amount of any compensation paid under a law of Queensland (other than this Act), another State or the Commonwealth for the injury; and\nif 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.\nThis section applies—\ndespite sections 119 , 176 , 190 and 239 ; and\nwhether or not the worker has previously received compensation, or further compensation, under section 180 or division 4 because of this section.\ns 193D ins 2017 No. 27 s 25\n(sec.193D-ssec.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 ).\n(sec.193D-ssec.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— section 180 ; division 4 .\n(sec.193D-ssec.3) However, the amount of compensation payable under section 180 and division 4 must be reduced by the total of— the amount of any compensation previously paid under those provisions for the injury; and the amount of any compensation paid under a law of Queensland (other than this Act), another State or the Commonwealth for the injury; and 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.\n(sec.193D-ssec.4) This section applies— despite sections 119 , 176 , 190 and 239 ; and whether or not the worker has previously received compensation, or further compensation, under section 180 or division 4 because of this section.\n- (a) section 180 ;\n- (b) division 4 .\n- (a) the amount of any compensation previously paid under those provisions for the injury; and\n- (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\n- (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.\n- (a) despite sections 119 , 176 , 190 and 239 ; and\n- (b) whether or not the worker has previously received compensation, or further compensation, under section 180 or division 4 because of this section.","sortOrder":331},{"sectionNumber":"ch.3-pt.11","sectionType":"part","heading":"Compensation on worker’s death","content":"# Compensation on worker’s death","sortOrder":332},{"sectionNumber":"sec.194","sectionType":"section","heading":"Application and object of pt 11","content":"### sec.194 Application and object of pt 11\n\nThis part applies if a worker dies because of an injury.\nHowever, this part does not apply if—\na worker dies because of a latent onset injury that is a terminal condition; and\nthe 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.\nThe object of this part is to provide for payment by an insurer of—\nparticular expenses arising from the worker’s injury and death; and\ncompensation to persons having an entitlement to compensation under this part.\ns 194 amd 2007 No. 52 s 17 ; 2008 No. 61 s 41 (retro)\n(sec.194-ssec.1) This part applies if a worker dies because of an injury.\n(sec.194-ssec.2) However, this part does not apply if— a worker dies because of a latent onset injury that is a terminal condition; and 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.\n(sec.194-ssec.3) The object of this part is to provide for payment by an insurer of— particular expenses arising from the worker’s injury and death; and compensation to persons having an entitlement to compensation under this part.\n- (a) a worker dies because of a latent onset injury that is a terminal condition; and\n- (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.\n- (a) particular expenses arising from the worker’s injury and death; and\n- (b) compensation to persons having an entitlement to compensation under this part.","sortOrder":333},{"sectionNumber":"sec.195","sectionType":"section","heading":"Definition for pt 11","content":"### sec.195 Definition for pt 11\n\nIn this part—\nstudent means a person who is under 21 years and receiving full-time education at a school, college, university or similar institution.\ns 195 def student amd 2010 No. 24 s 3 sch","sortOrder":334},{"sectionNumber":"sec.196","sectionType":"section","heading":"To whom payments made for death of worker","content":"### sec.196 To whom payments made for death of worker\n\nCompensation for the death of a worker is payable—\nto the worker’s legal personal representative; or\nif there is no legal personal representative—\nso far as the payment is by way of expenses to which a person is entitled—to the person who has incurred the expenses; or\nso far as the payment is by way of compensation to the worker’s dependants—to the dependants entitled to compensation.\nThe 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.\n(sec.196-ssec.1) Compensation for the death of a worker is payable— to the worker’s legal personal representative; or if there is no legal personal representative— 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 so far as the payment is by way of compensation to the worker’s dependants—to the dependants entitled to compensation.\n(sec.196-ssec.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.\n- (a) to the worker’s legal personal representative; or\n- (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.\n- (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\n- (ii) so far as the payment is by way of compensation to the worker’s dependants—to the dependants entitled to compensation.\n- (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\n- (ii) so far as the payment is by way of compensation to the worker’s dependants—to the dependants entitled to compensation.","sortOrder":335},{"sectionNumber":"sec.197","sectionType":"section","heading":"Total and partial dependants","content":"### sec.197 Total and partial dependants\n\nIf 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.","sortOrder":336},{"sectionNumber":"sec.198","sectionType":"section","heading":"Dependant’s compensation payable to public trustee","content":"### sec.198 Dependant’s compensation payable to public trustee\n\nAn insurer may pay an amount of compensation payable to the worker’s dependant to the public trustee for the dependant’s benefit.","sortOrder":337},{"sectionNumber":"sec.199","sectionType":"section","heading":"Medical and funeral expenses must be paid by insurer","content":"### sec.199 Medical and funeral expenses must be paid by insurer\n\nAn insurer must pay the reasonable expenses—\nof the medical treatment of, or attendance on, the worker; and\nthe worker’s funeral.\n- (a) of the medical treatment of, or attendance on, the worker; and\n- (b) the worker’s funeral.","sortOrder":338},{"sectionNumber":"sec.200","sectionType":"section","heading":"Total dependency","content":"### sec.200 Total dependency\n\nThis 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.\nThe amount of compensation payable for the worker’s dependants is—\nif the worker has left dependent members of the worker’s family, for the members—404.87 times QOTE; and\nif the worker has left a totally dependent spouse, for the spouse—10.83 times QOTE; and\nif 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\nif 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—21.64 times QOTE; and\nif 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.\ns 200 amd 2004 No. 45 s 30 ; 2005 No. 50 s 25 ; 2010 No. 24 s 3 sch ; 2019 No. 33 s 56\n(sec.200-ssec.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.\n(sec.200-ssec.2) The amount of compensation payable for the worker’s dependants is— if the worker has left dependent members of the worker’s family, for the members—404.87 times QOTE; and if the worker has left a totally dependent spouse, for the spouse—10.83 times QOTE; and 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 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—21.64 times QOTE; and 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.\n- (a) if the worker has left dependent members of the worker’s family, for the members—404.87 times QOTE; and\n- (aa) if the worker has left a totally dependent spouse, for the spouse—10.83 times QOTE; and\n- (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\n- (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—21.64 times QOTE; and\n- (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.","sortOrder":339},{"sectionNumber":"sec.201","sectionType":"section","heading":"Partial dependency","content":"### sec.201 Partial dependency\n\nThis 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.\nThe amount of compensation payable for the worker’s dependants is—\nif 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\nif 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.\nHowever, the amount payable under subsection (2) (a) —\nmust not be less than 15% of the amount payable under section 200 (2) (a) ; and\nmust not be more than the amount payable under section 200 (2) (a) .\ns 201 amd 2010 No. 24 s 3 sch\n(sec.201-ssec.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.\n(sec.201-ssec.2) The amount of compensation payable for the worker’s dependants is— 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 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.\n(sec.201-ssec.3) However, the amount payable under subsection (2) (a) — must not be less than 15% of the amount payable under section 200 (2) (a) ; and must not be more than the amount payable under section 200 (2) (a) .\n- (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\n- (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.\n- (a) must not be less than 15% of the amount payable under section 200 (2) (a) ; and\n- (b) must not be more than the amount payable under section 200 (2) (a) .","sortOrder":340},{"sectionNumber":"sec.201A","sectionType":"section","heading":"Worker with non-dependent spouse, issue or next of kin","content":"### sec.201A Worker with non-dependent spouse, issue or next of kin\n\nThis section applies if a worker left no dependants but is survived by any of the following—\na spouse;\nissue within the meaning of the Succession Act 1981 ;\nnext of kin within the meaning of the Succession Act 1981 .\nThe amount of compensation payable to the worker’s estate is 10% of the amount payable under section 200 (2) (a) .\ns 201A ins 2005 No. 50 s 26\n(sec.201A-ssec.1) This section applies if a worker left no dependants but is survived by any of the following— a spouse; issue within the meaning of the Succession Act 1981 ; next of kin within the meaning of the Succession Act 1981 .\n(sec.201A-ssec.2) The amount of compensation payable to the worker’s estate is 10% of the amount payable under section 200 (2) (a) .\n- (a) a spouse;\n- (b) issue within the meaning of the Succession Act 1981 ;\n- (c) next of kin within the meaning of the Succession Act 1981 .","sortOrder":341},{"sectionNumber":"sec.202","sectionType":"section","heading":"Workers under 21","content":"### sec.202 Workers under 21\n\nThis section applies if the worker—\nwas under 21; and\nis survived by a parent ordinarily resident in Australia but left no dependants.\nThe amount of compensation payable to the parent is no more than 24.34 times QOTE.\nIf more than 1 parent is entitled to compensation—\nthe total amount of compensation payable to the parents is no more than 24.34 times QOTE; and\nthe amount payable to each parent is to be decided by the insurer.\ns 202 amd 2004 No. 45 s 31 ; 2005 No. 50 s 27 ; 2010 No. 24 s 8 ; 2019 No. 33 s 57\n(sec.202-ssec.1) This section applies if the worker— was under 21; and is survived by a parent ordinarily resident in Australia but left no dependants.\n(sec.202-ssec.2) The amount of compensation payable to the parent is no more than 24.34 times QOTE.\n(sec.202-ssec.3) If more than 1 parent is entitled to compensation— the total amount of compensation payable to the parents is no more than 24.34 times QOTE; and the amount payable to each parent is to be decided by the insurer.\n- (a) was under 21; and\n- (b) is survived by a parent ordinarily resident in Australia but left no dependants.\n- (a) the total amount of compensation payable to the parents is no more than 24.34 times QOTE; and\n- (b) the amount payable to each parent is to be decided by the insurer.","sortOrder":342},{"sectionNumber":"sec.203","sectionType":"section","heading":null,"content":"### Section sec.203\n\ns 203 om 2007 No. 52 s 18","sortOrder":343},{"sectionNumber":"sec.204","sectionType":"section","heading":"Reduced compensation if dependant dies before payment made","content":"### sec.204 Reduced compensation if dependant dies before payment made\n\nThis section applies if the worker is survived by a dependant who dies before payment of compensation is made for the dependant’s benefit.\nFor this section, the dependant is taken to have died before the worker.\nHowever, 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.\nThe amount of the compensation is a weekly payment under this section.\nIf the dependant was a spouse who was totally dependent on the worker’s earnings, the payment is, for each week, 14% of QOTE.\nIf 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—\nanother member of the worker’s family who was totally dependent on the worker’s earnings; or\nthe worker’s child or stepchild who was under 16 or a student;\nthe payment is, for each week, 14% of QOTE.\nIf 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.\n(sec.204-ssec.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.\n(sec.204-ssec.2) For this section, the dependant is taken to have died before the worker.\n(sec.204-ssec.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.\n(sec.204-ssec.4) The amount of the compensation is a weekly payment under this section.\n(sec.204-ssec.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.\n(sec.204-ssec.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— another member of the worker’s family who was totally dependent on the worker’s earnings; or the worker’s child or stepchild who was under 16 or a student; the payment is, for each week, 14% of QOTE.\n(sec.204-ssec.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.\n- (a) another member of the worker’s family who was totally dependent on the worker’s earnings; or\n- (b) the worker’s child or stepchild who was under 16 or a student;","sortOrder":344},{"sectionNumber":"ch.3-pt.12","sectionType":"part","heading":"Automatic variation of compensation payable","content":"# Automatic variation of compensation payable","sortOrder":345},{"sectionNumber":"sec.205","sectionType":"section","heading":"Variation of payments for injuries","content":"### sec.205 Variation of payments for injuries\n\nIf 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.\nAn amount varied under subsection (1) is to be rounded up to the nearest $5.\ns 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 ; 2019 No. 33 s 58\n(sec.205-ssec.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.\n(sec.205-ssec.2) An amount varied under subsection (1) is to be rounded up to the nearest $5.","sortOrder":346},{"sectionNumber":"sec.206","sectionType":"section","heading":"Construing entitlements in light of variation","content":"### sec.206 Construing entitlements in light of variation\n\nThis section applies if an amount is varied under section 205 .\nAn 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 .\nA 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 .\ns 206 amd 2005 No. 50 s 3 sch ; 2013 No. 52 s 56 sch 1 (retro); 2017 No. 27 s 27\n(sec.206-ssec.1) This section applies if an amount is varied under section 205 .\n(sec.206-ssec.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 .\n(sec.206-ssec.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 .","sortOrder":347},{"sectionNumber":"sec.207","sectionType":"section","heading":"Application of part to existing benefits","content":"### sec.207 Application of part to existing benefits\n\nThis 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.\nFor 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.\n(sec.207-ssec.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.\n(sec.207-ssec.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.","sortOrder":348},{"sectionNumber":"ch.3-pt.13","sectionType":"part","heading":null,"content":"","sortOrder":349},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":350},{"sectionNumber":"sec.208","sectionType":"section","heading":"Objects of ch 4","content":"### sec.208 Objects of ch 4\n\nThe objects of this chapter are to ensure—\ninjured workers receive appropriate medical treatment, hospitalisation and rehabilitation; and\nworkers who have sustained psychiatric or psychological injuries receive support as early as possible; and\nworkers who have sustained physical injuries and who are at risk of sustaining a psychiatric or psychological injury arising from the physical injury receive services to minimise the risk.\ns 208 amd 2016 No. 44 s 53 sch 1 ; 2019 No. 33 s 59\nsub 2024 No. 40 s 38\n- (a) injured workers receive appropriate medical treatment, hospitalisation and rehabilitation; and\n- (b) workers who have sustained psychiatric or psychological injuries receive support as early as possible; and\n- (c) workers who have sustained physical injuries and who are at risk of sustaining a psychiatric or psychological injury arising from the physical injury receive services to minimise the risk.","sortOrder":351},{"sectionNumber":"sec.208A","sectionType":"section","heading":"Application of pts 2 – 5","content":"### sec.208A Application of pts 2 – 5\n\nParts 2 to 5 apply if a worker sustains an injury for which compensation under chapter 3 is payable.\nPart 2 , division 4 also applies if part 5A or 5B applies in relation to the worker.\ns 208A ins 2024 No. 40 s 38\n(sec.208A-ssec.1) Parts 2 to 5 apply if a worker sustains an injury for which compensation under chapter 3 is payable.\n(sec.208A-ssec.2) Part 2 , division 4 also applies if part 5A or 5B applies in relation to the worker.","sortOrder":352},{"sectionNumber":"sec.208B","sectionType":"section","heading":"Rights of worker in relation to medical treatment","content":"### sec.208B Rights of worker in relation to medical treatment\n\nIf a worker sustains an injury, the insurer and the worker’s employer must not interfere in, or act in a manner inconsistent with, the worker’s right to choose—\nthe registered person who will provide medical treatment for the injury; and\nwho is present during medical treatment for the injury.\ns 208B ins 2024 No. 40 s 38\n- (a) the registered person who will provide medical treatment for the injury; and\n- (b) who is present during medical treatment for the injury.","sortOrder":353},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Liability for medical treatment, hospitalisation and expenses","content":"# Liability for medical treatment, hospitalisation and expenses","sortOrder":354},{"sectionNumber":"ch.4-pt.2-div.1","sectionType":"division","heading":"Application and general statement of liability","content":"## Application and general statement of liability","sortOrder":355},{"sectionNumber":"sec.209","sectionType":"section","heading":"Application of pt 2","content":"### sec.209 Application of pt 2\n\nThis part applies if medical treatment or hospitalisation of a worker is required for the management of an injury sustained by the worker.\nHowever, 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 .\ns 209 amd 2016 No. 44 s 28\n(sec.209-ssec.1) This part applies if medical treatment or hospitalisation of a worker is required for the management of an injury sustained by the worker.\n(sec.209-ssec.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 .","sortOrder":356},{"sectionNumber":"sec.210","sectionType":"section","heading":"Insurer’s liability for medical treatment, hospitalisation and expenses","content":"### sec.210 Insurer’s liability for medical treatment, hospitalisation and expenses\n\nThe insurer must pay the cost of the medical treatment or hospitalisation that the insurer considers reasonable, having regard to the worker’s injury.\nUnder the table of costs, WorkCover may impose conditions on the provision of the medical treatment.\nBefore imposing a condition under subsection (2) WorkCover must consult with self-insurers.\ns 210 sub 2004 No. 45 s 3 sch\namd 2013 No. 52 s 69\n(sec.210-ssec.1) The insurer must pay the cost of the medical treatment or hospitalisation that the insurer considers reasonable, having regard to the worker’s injury.\n(sec.210-ssec.2) Under the table of costs, WorkCover may impose conditions on the provision of the medical treatment.\n(sec.210-ssec.3) Before imposing a condition under subsection (2) WorkCover must consult with self-insurers.","sortOrder":357},{"sectionNumber":"ch.4-pt.2-div.2","sectionType":"division","heading":"Medical treatment costs","content":"## Medical treatment costs","sortOrder":358},{"sectionNumber":"sec.211","sectionType":"section","heading":"Extent of liability for medical treatment","content":"### sec.211 Extent of liability for medical treatment\n\nThe insurer must pay the following costs for medical treatment for an injury, whether provided at 1 time or at different times—\nfor medical treatment by a registered person—the cost that the insurer accepts as reasonable, having regard to the relevant table of costs;\nfor nursing, medicines, medical or surgical supplies, curative apparatus, crutches or other assistive devices given to the worker otherwise than as an in-patient at a hospital—the cost that the insurer accepts as reasonable.\nThe insurer’s liability for the cost of medical treatment by a registered chiropractor or a registered osteopath extends only to the cost of treatment involving the manipulation, mobilisation and management of the neuromusculoskeletal system of the human body.\ns 211 amd 2004 No. 45 s 33\n(sec.211-ssec.1) The insurer must pay the following costs for medical treatment for an injury, whether provided at 1 time or at different times— for medical treatment by a registered person—the cost that the insurer accepts as reasonable, having regard to the relevant table of costs; for nursing, medicines, medical or surgical supplies, curative apparatus, crutches or other assistive devices given to the worker otherwise than as an in-patient at a hospital—the cost that the insurer accepts as reasonable.\n(sec.211-ssec.2) The insurer’s liability for the cost of medical treatment by a registered chiropractor or a registered osteopath extends only to the cost of treatment involving the manipulation, mobilisation and management of the neuromusculoskeletal system of the human body.\n- (a) for medical treatment by a registered person—the cost that the insurer accepts as reasonable, having regard to the relevant table of costs;\n- (b) for nursing, medicines, medical or surgical supplies, curative apparatus, crutches or other assistive devices given to the worker otherwise than as an in-patient at a hospital—the cost that the insurer accepts as reasonable.","sortOrder":359},{"sectionNumber":"sec.212","sectionType":"section","heading":"Extent of liability for prosthetic expenses","content":"### sec.212 Extent of liability for prosthetic expenses\n\nThis section applies if a worker, because of a condition resulting from an injury—\nis fitted with a prosthesis; or\nis dependent on support of a medical aid, or crutches or another assistive device.\nThe insurer must pay expenses necessarily incurred by the worker that the insurer accepts as reasonable on account of—\nreasonable wear and tear of the prosthesis, medical aid or device; or\nreplacement of the prosthesis, medical aid or device due to reasonable wear and tear; or\ndamage to, or destruction of, a prosthesis, medical aid or device as a result of injury in a further event.\ns 212 amd 2004 No. 45 s 34\n(sec.212-ssec.1) This section applies if a worker, because of a condition resulting from an injury— is fitted with a prosthesis; or is dependent on support of a medical aid, or crutches or another assistive device.\n(sec.212-ssec.2) The insurer must pay expenses necessarily incurred by the worker that the insurer accepts as reasonable on account of— reasonable wear and tear of the prosthesis, medical aid or device; or replacement of the prosthesis, medical aid or device due to reasonable wear and tear; or damage to, or destruction of, a prosthesis, medical aid or device as a result of injury in a further event.\n- (a) is fitted with a prosthesis; or\n- (b) is dependent on support of a medical aid, or crutches or another assistive device.\n- (a) reasonable wear and tear of the prosthesis, medical aid or device; or\n- (b) replacement of the prosthesis, medical aid or device due to reasonable wear and tear; or\n- (c) damage to, or destruction of, a prosthesis, medical aid or device as a result of injury in a further event.","sortOrder":360},{"sectionNumber":"sec.213","sectionType":"section","heading":"Accounts for medical treatment, certificate in approved form","content":"### sec.213 Accounts for medical treatment, certificate in approved form\n\nThis section applies if an insurer is liable for the costs of medical treatment.\nAccounts for medical treatment must be sent to the insurer promptly and within 2 months after the treatment is completed.\nThe accounts must specify—\nthe worker’s full name, date of birth and residential address; and\nany item number that the medical treatment may have that is listed in the relevant table of costs; and\nthe date of each attendance; and\ndetailed particulars of treatment; and\nthe name and place of business of the worker’s employer.\nA worker who receives medical treatment must be given a certificate in the approved form free of charge.\n(sec.213-ssec.1) This section applies if an insurer is liable for the costs of medical treatment.\n(sec.213-ssec.2) Accounts for medical treatment must be sent to the insurer promptly and within 2 months after the treatment is completed.\n(sec.213-ssec.3) The accounts must specify— the worker’s full name, date of birth and residential address; and any item number that the medical treatment may have that is listed in the relevant table of costs; and the date of each attendance; and detailed particulars of treatment; and the name and place of business of the worker’s employer.\n(sec.213-ssec.4) A worker who receives medical treatment must be given a certificate in the approved form free of charge.\n- (a) the worker’s full name, date of birth and residential address; and\n- (b) any item number that the medical treatment may have that is listed in the relevant table of costs; and\n- (c) the date of each attendance; and\n- (d) detailed particulars of treatment; and\n- (e) the name and place of business of the worker’s employer.","sortOrder":361},{"sectionNumber":"sec.214","sectionType":"section","heading":"Review of costs payable","content":"### sec.214 Review of costs payable\n\nThis section applies if a person who provides medical treatment considers that the cost that an insurer accepts as reasonable, in a particular case, is inadequate because of special circumstances.\nThe person may apply to the insurer in writing for an increase in the cost.\nThe application must specify the special circumstances and the reasons the cost should be increased in the particular case.\nThe insurer may approve the increase if, after considering the application, the insurer accepts that the increase is justified.\n(sec.214-ssec.1) This section applies if a person who provides medical treatment considers that the cost that an insurer accepts as reasonable, in a particular case, is inadequate because of special circumstances.\n(sec.214-ssec.2) The person may apply to the insurer in writing for an increase in the cost.\n(sec.214-ssec.3) The application must specify the special circumstances and the reasons the cost should be increased in the particular case.\n(sec.214-ssec.4) The insurer may approve the increase if, after considering the application, the insurer accepts that the increase is justified.","sortOrder":362},{"sectionNumber":"ch.4-pt.2-div.3","sectionType":"division","heading":"Hospitalisation","content":"## Hospitalisation","sortOrder":363},{"sectionNumber":"sec.215","sectionType":"section","heading":"Definitions for div 3","content":"### sec.215 Definitions for div 3\n\nIn this division—\ncontracted hospital means a hospital that provides public health services to a patient under a contractual arrangement with the State, but does not include—\na public sector hospital under the Hospital and Health Boards Act 2011 ; or\na Mater Misericordiae Public Hospital.\ns 215 def contracted hospital ins 2004 No. 45 s 36 (2)\namd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\nelective hospitalisation means hospitalisation involving a treatment or procedure decided on by a worker or the worker’s doctor that is of advantage to the worker, but is not fundamental in the treatment of the worker’s injury.\nhospital includes a day hospital.\ns 215 def hospital ins 2004 No. 45 s 36 (2)\nprivate hospital means a hospital to which a worker is admitted as a private patient.\ns 215 def private hospital sub 2004 No. 45 s 36 (1) – (2)\nprivate patient means a worker who is a patient of a private doctor at a hospital that is not a contracted hospital.\ns 215 def private patient ins 2004 No. 45 s 36 (2)\npublic hospital means a hospital to which a worker is admitted as a public patient.\ns 215 def public hospital sub 2004 No. 45 s 36 (1) – (2)\npublic patient means a patient who is not a private patient.\ns 215 def public patient ins 2004 No. 45 s 36 (2)\n- (a) a public sector hospital under the Hospital and Health Boards Act 2011 ; or\n- (b) a Mater Misericordiae Public Hospital.","sortOrder":364},{"sectionNumber":"sec.216","sectionType":"section","heading":"Extent of liability for hospitalisation at private hospital","content":"### sec.216 Extent of liability for hospitalisation at private hospital\n\nAn insurer’s liability for the cost of hospitalisation of a worker at a private hospital extends only to the cost of hospitalisation of the worker as an in-patient at a private hospital—\nfor non-elective hospitalisation—for not more than 4 days; or\nfor non-elective hospitalisation for more than 4 days—to the extent agreed to by the insurer under arrangements entered into between the insurer and the worker or someone for the worker before the hospitalisation or any extension of the hospitalisation; or\nfor elective hospitalisation—to the extent agreed to by the insurer under arrangements entered into between the insurer and the worker or someone for the worker before the hospitalisation.\nBefore agreeing to arrangements under subsection (1) (b) or (c) , the insurer must be satisfied that—\na public hospital is not reasonably available to the worker or a public hospital that is reasonably available can not admit the worker as an in-patient to a public ward within a reasonable time; or\nadmission of the worker to a private hospital—\nwould relieve prolonged pain and suffering to the worker; or\nwould result in saving of costs.\ns 216 amd 2004 No. 45 s 38\n(sec.216-ssec.1) An insurer’s liability for the cost of hospitalisation of a worker at a private hospital extends only to the cost of hospitalisation of the worker as an in-patient at a private hospital— for non-elective hospitalisation—for not more than 4 days; or for non-elective hospitalisation for more than 4 days—to the extent agreed to by the insurer under arrangements entered into between the insurer and the worker or someone for the worker before the hospitalisation or any extension of the hospitalisation; or for elective hospitalisation—to the extent agreed to by the insurer under arrangements entered into between the insurer and the worker or someone for the worker before the hospitalisation.\n(sec.216-ssec.2) Before agreeing to arrangements under subsection (1) (b) or (c) , the insurer must be satisfied that— a public hospital is not reasonably available to the worker or a public hospital that is reasonably available can not admit the worker as an in-patient to a public ward within a reasonable time; or admission of the worker to a private hospital— would relieve prolonged pain and suffering to the worker; or would result in saving of costs.\n- (a) for non-elective hospitalisation—for not more than 4 days; or\n- (b) for non-elective hospitalisation for more than 4 days—to the extent agreed to by the insurer under arrangements entered into between the insurer and the worker or someone for the worker before the hospitalisation or any extension of the hospitalisation; or\n- (c) for elective hospitalisation—to the extent agreed to by the insurer under arrangements entered into between the insurer and the worker or someone for the worker before the hospitalisation.\n- (a) a public hospital is not reasonably available to the worker or a public hospital that is reasonably available can not admit the worker as an in-patient to a public ward within a reasonable time; or\n- (b) admission of the worker to a private hospital— (i) would relieve prolonged pain and suffering to the worker; or (ii) would result in saving of costs.\n- (i) would relieve prolonged pain and suffering to the worker; or\n- (ii) would result in saving of costs.\n- (i) would relieve prolonged pain and suffering to the worker; or\n- (ii) would result in saving of costs.","sortOrder":365},{"sectionNumber":"sec.217","sectionType":"section","heading":"Cost of hospitalisation at private hospital","content":"### sec.217 Cost of hospitalisation at private hospital\n\nThe cost for which an insurer is liable for hospitalisation of a worker as an in-patient at a private hospital is the cost for the provision of the facility at a private hospital where a procedure is carried out.\nThe insurer must pay the cost of hospitalisation, whether the hospitalisation is provided at 1 time or at different times.\nThe insurer must pay the cost of hospitalisation that—\nis published by WorkCover by gazette notice; or\nif a cost of hospitalisation is not published—the cost lawfully charged by the hospital.\nIn fixing a cost of hospitalisation to be published under subsection (3) (a) , WorkCover must consult with self-insurers.\ns 217 amd 2004 No. 45 s 39 ; 2009 No. 38 s 59 ; 2013 No. 52 s 70\n(sec.217-ssec.1) The cost for which an insurer is liable for hospitalisation of a worker as an in-patient at a private hospital is the cost for the provision of the facility at a private hospital where a procedure is carried out.\n(sec.217-ssec.2) The insurer must pay the cost of hospitalisation, whether the hospitalisation is provided at 1 time or at different times.\n(sec.217-ssec.3) The insurer must pay the cost of hospitalisation that— is published by WorkCover by gazette notice; or if a cost of hospitalisation is not published—the cost lawfully charged by the hospital.\n(sec.217-ssec.4) In fixing a cost of hospitalisation to be published under subsection (3) (a) , WorkCover must consult with self-insurers.\n- (a) is published by WorkCover by gazette notice; or\n- (b) if a cost of hospitalisation is not published—the cost lawfully charged by the hospital.","sortOrder":366},{"sectionNumber":"sec.218","sectionType":"section","heading":"Extent of liability for hospitalisation in public hospital","content":"### sec.218 Extent of liability for hospitalisation in public hospital\n\nAn insurer’s liability for the cost of hospitalisation of a worker at a public hospital extends only to the cost of hospitalisation of the worker as an in-patient at the public hospital—\nfor non-elective hospitalisation—for not more than 4 days; or\nfor non-elective hospitalisation for more than 4 days—if the insurer considers the hospitalisation is reasonable, having regard to the worker’s injury; or\nfor elective hospitalisation—to the extent agreed to by the insurer under arrangements entered into between the insurer and the worker or someone for the worker before the hospitalisation.\nSubject to the Hospital and Health Boards Act 2011 , a worker is not liable for the cost of hospitalisation, including medical treatment, as an in-patient at a public hospital for an injury sustained by the worker.\ns 218 prev s 218 om 2004 No. 45 s 40\npres s 218 ins 2004 No. 45 s 41\namd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.218-ssec.1) An insurer’s liability for the cost of hospitalisation of a worker at a public hospital extends only to the cost of hospitalisation of the worker as an in-patient at the public hospital— for non-elective hospitalisation—for not more than 4 days; or for non-elective hospitalisation for more than 4 days—if the insurer considers the hospitalisation is reasonable, having regard to the worker’s injury; or for elective hospitalisation—to the extent agreed to by the insurer under arrangements entered into between the insurer and the worker or someone for the worker before the hospitalisation.\n(sec.218-ssec.2) Subject to the Hospital and Health Boards Act 2011 , a worker is not liable for the cost of hospitalisation, including medical treatment, as an in-patient at a public hospital for an injury sustained by the worker.\n- (a) for non-elective hospitalisation—for not more than 4 days; or\n- (b) for non-elective hospitalisation for more than 4 days—if the insurer considers the hospitalisation is reasonable, having regard to the worker’s injury; or\n- (c) for elective hospitalisation—to the extent agreed to by the insurer under arrangements entered into between the insurer and the worker or someone for the worker before the hospitalisation.","sortOrder":367},{"sectionNumber":"sec.218A","sectionType":"section","heading":"Cost of hospitalisation","content":"### sec.218A Cost of hospitalisation\n\nThe costs for which an insurer is liable for hospitalisation of a worker as an in-patient at a public hospital are—\nthe cost for the provision of the facility at a public hospital where a procedure is carried out; and\nthe cost of medical treatment provided at the hospital.\nThe insurer must pay the cost of hospitalisation and medical treatment, whether the hospitalisation is provided at 1 time or at different times.\nThe insurer must pay the cost of hospitalisation that is published by WorkCover by gazette notice.\nIn fixing a cost of hospitalisation to be published under subsection (3) , WorkCover must consult with self-insurers.\ns 218A ins 2004 No. 45 s 41\namd 2009 No. 38 s 59 ; 2013 No. 52 s 71\n(sec.218A-ssec.1) The costs for which an insurer is liable for hospitalisation of a worker as an in-patient at a public hospital are— the cost for the provision of the facility at a public hospital where a procedure is carried out; and the cost of medical treatment provided at the hospital.\n(sec.218A-ssec.2) The insurer must pay the cost of hospitalisation and medical treatment, whether the hospitalisation is provided at 1 time or at different times.\n(sec.218A-ssec.3) The insurer must pay the cost of hospitalisation that is published by WorkCover by gazette notice.\n(sec.218A-ssec.4) In fixing a cost of hospitalisation to be published under subsection (3) , WorkCover must consult with self-insurers.\n- (a) the cost for the provision of the facility at a public hospital where a procedure is carried out; and\n- (b) the cost of medical treatment provided at the hospital.","sortOrder":368},{"sectionNumber":"ch.4-pt.2-div.4","sectionType":"division","heading":"Travelling expenses","content":"## Travelling expenses","sortOrder":369},{"sectionNumber":"sec.219","sectionType":"section","heading":"Extent of liability for travelling expenses","content":"### sec.219 Extent of liability for travelling expenses\n\nAn insurer must pay the travelling expenses, that the insurer considers are necessary and reasonable, incurred by a worker for the injury for—\nobtaining medical treatment; or\nundertaking rehabilitation; or\nattending a medical assessment tribunal; or\nundertaking examination by a registered person; or\nreceiving services provided under part 5A or 5B .\nAn insurer must pay the cost of the worker’s transportation by ambulance vehicle provided by the Queensland Ambulance Service, irrespective of distance, if the transportation—\nfor transportation first provided immediately after the injury is sustained—is from the place where the injury is sustained to a place where appropriate medical treatment is available to seek the treatment; or\nfor transportation subsequently provided—is certified in writing by a doctor as necessary because of the worker’s physical condition resulting from the injury.\nThe insurer must also pay the cost of the worker’s transportation by ambulance vehicle not provided by the Queensland Ambulance Service, irrespective of distance, if the transportation—\nfor transportation first provided immediately after the injury is sustained—is from the place where the injury is sustained to a place where appropriate medical treatment is available to seek the treatment; or\nfor transportation subsequently provided—is certified in writing by a doctor as necessary because of the worker’s physical condition resulting from the injury.\nThe cost of transportation by ambulance vehicle that the insurer must pay is—\nthe cost the insurer accepts as reasonable, having regard to the relevant table of costs; or\nif there is no relevant table of costs—the cost the insurer approves.\nThe insurer must also pay the cost of transportation by ambulance vehicle if the insurer gives written approval for the transportation.\nOther than as provided by subsections (2) , (3) , (4) , (5) and (7) , the insurer is not liable for travelling expenses incurred by the worker—\nin travelling a distance of less than 20km one way; or\nif treatment or rehabilitation for the injury was reasonably available to the worker nearer than the place to which the worker has travelled to seek the treatment or rehabilitation.\nThe insurer must reimburse the worker for expenses if—\nthe worker is not entitled under subsection (6) (a) to be reimbursed by the insurer for travelling expenses; and\nin a period of 7 consecutive days, the worker incurs travelling expenses in reasonably travelling at least 150km to and from a place to seek treatment or rehabilitation.\ns 219 amd 2024 No. 40 s 39\n(sec.219-ssec.1) An insurer must pay the travelling expenses, that the insurer considers are necessary and reasonable, incurred by a worker for the injury for— obtaining medical treatment; or undertaking rehabilitation; or attending a medical assessment tribunal; or undertaking examination by a registered person; or receiving services provided under part 5A or 5B .\n(sec.219-ssec.2) An insurer must pay the cost of the worker’s transportation by ambulance vehicle provided by the Queensland Ambulance Service, irrespective of distance, if the transportation— for transportation first provided immediately after the injury is sustained—is from the place where the injury is sustained to a place where appropriate medical treatment is available to seek the treatment; or for transportation subsequently provided—is certified in writing by a doctor as necessary because of the worker’s physical condition resulting from the injury.\n(sec.219-ssec.3) The insurer must also pay the cost of the worker’s transportation by ambulance vehicle not provided by the Queensland Ambulance Service, irrespective of distance, if the transportation— for transportation first provided immediately after the injury is sustained—is from the place where the injury is sustained to a place where appropriate medical treatment is available to seek the treatment; or for transportation subsequently provided—is certified in writing by a doctor as necessary because of the worker’s physical condition resulting from the injury.\n(sec.219-ssec.4) The cost of transportation by ambulance vehicle that the insurer must pay is— the cost the insurer accepts as reasonable, having regard to the relevant table of costs; or if there is no relevant table of costs—the cost the insurer approves.\n(sec.219-ssec.5) The insurer must also pay the cost of transportation by ambulance vehicle if the insurer gives written approval for the transportation.\n(sec.219-ssec.6) Other than as provided by subsections (2) , (3) , (4) , (5) and (7) , the insurer is not liable for travelling expenses incurred by the worker— in travelling a distance of less than 20km one way; or if treatment or rehabilitation for the injury was reasonably available to the worker nearer than the place to which the worker has travelled to seek the treatment or rehabilitation.\n(sec.219-ssec.7) The insurer must reimburse the worker for expenses if— the worker is not entitled under subsection (6) (a) to be reimbursed by the insurer for travelling expenses; and in a period of 7 consecutive days, the worker incurs travelling expenses in reasonably travelling at least 150km to and from a place to seek treatment or rehabilitation.\n- (a) obtaining medical treatment; or\n- (b) undertaking rehabilitation; or\n- (c) attending a medical assessment tribunal; or\n- (d) undertaking examination by a registered person; or\n- (e) receiving services provided under part 5A or 5B .\n- (a) for transportation first provided immediately after the injury is sustained—is from the place where the injury is sustained to a place where appropriate medical treatment is available to seek the treatment; or\n- (b) for transportation subsequently provided—is certified in writing by a doctor as necessary because of the worker’s physical condition resulting from the injury.\n- (a) for transportation first provided immediately after the injury is sustained—is from the place where the injury is sustained to a place where appropriate medical treatment is available to seek the treatment; or\n- (b) for transportation subsequently provided—is certified in writing by a doctor as necessary because of the worker’s physical condition resulting from the injury.\n- (a) the cost the insurer accepts as reasonable, having regard to the relevant table of costs; or\n- (b) if there is no relevant table of costs—the cost the insurer approves.\n- (a) in travelling a distance of less than 20km one way; or\n- (b) if treatment or rehabilitation for the injury was reasonably available to the worker nearer than the place to which the worker has travelled to seek the treatment or rehabilitation.\n- (a) the worker is not entitled under subsection (6) (a) to be reimbursed by the insurer for travelling expenses; and\n- (b) in a period of 7 consecutive days, the worker incurs travelling expenses in reasonably travelling at least 150km to and from a place to seek treatment or rehabilitation.","sortOrder":370},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Responsibility for rehabilitation","content":"# Responsibility for rehabilitation","sortOrder":371},{"sectionNumber":"ch.4-pt.3-div.1","sectionType":"division","heading":"Insurer’s responsibility for rehabilitation","content":"## Insurer’s responsibility for rehabilitation","sortOrder":372},{"sectionNumber":"sec.220","sectionType":"section","heading":"Insurer’s responsibility for rehabilitation and return to work","content":"### sec.220 Insurer’s responsibility for rehabilitation and return to work\n\nAn insurer must take all reasonable steps to secure the rehabilitation and early return to suitable duties of—\nworkers who have an entitlement to compensation; and\nworkers who are participating in an accredited rehabilitation and return to work program of the insurer.\nMaximum penalty—1,000 penalty units.\nThe steps must include, but are not limited to, the steps prescribed by this section and sections 221 and 221AA .\nWithout limiting subsection (1) , an insurer—\nmay refer a worker who is receiving compensation for an injury to an accredited rehabilitation and return to work program of the insurer; and\nmust refer a worker who is receiving compensation for an injury, and has asked the insurer to be referred to a rehabilitation and return to work program, to an accredited rehabilitation and return to work program of the insurer; and\nmust refer a worker who has stopped receiving compensation for an injury under section 144A , 168 or 190 (2) , and has not returned to work because of the injury, to an accredited rehabilitation and return to work program of the insurer.\nHowever—\nsubsection (3) (b) and (c) does not apply if the insurer is satisfied the program is not able to further assist the worker with rehabilitation for the injury; and\nsubsection (3) (c) does not apply if the worker is already participating in an accredited rehabilitation and return to work program of the insurer.\nA worker who is referred under subsection (3) to an accredited rehabilitation and return to work program of an insurer is entitled to participate in the program until the first of the following happens—\nthe insurer is satisfied the worker is unwilling or unable to participate in the program;\nthe insurer is satisfied the program is not able to further assist the worker with rehabilitation for the injury;\nthe worker receives a payment of damages for the injury;\nthe worker receives a redemption payment for the injury;\nthe worker receives compensation for the injury for 5 years.\nIf a worker is aggrieved by either of the following decisions of an insurer, the worker may have the decision reviewed under chapter 13 —\na decision under subsection (4) to refuse the worker’s entitlement under subsection (3) (b) or (c) to be referred to an accredited rehabilitation and return to work program of the insurer;\na decision under subsection (5) that the worker is no longer entitled to participate in an accredited rehabilitation and return to work program of the insurer.\ns 220 amd 2005 No. 50 s 29 ; 2010 No. 24 s 9\nsub 2013 No. 52 s 72 ; 2019 No. 33 s 61\namd 2024 No. 40 ss 40 , 65 sch 1\n(sec.220-ssec.1) An insurer must take all reasonable steps to secure the rehabilitation and early return to suitable duties of— workers who have an entitlement to compensation; and workers who are participating in an accredited rehabilitation and return to work program of the insurer. Maximum penalty—1,000 penalty units.\n(sec.220-ssec.2) The steps must include, but are not limited to, the steps prescribed by this section and sections 221 and 221AA .\n(sec.220-ssec.3) Without limiting subsection (1) , an insurer— may refer a worker who is receiving compensation for an injury to an accredited rehabilitation and return to work program of the insurer; and must refer a worker who is receiving compensation for an injury, and has asked the insurer to be referred to a rehabilitation and return to work program, to an accredited rehabilitation and return to work program of the insurer; and must refer a worker who has stopped receiving compensation for an injury under section 144A , 168 or 190 (2) , and has not returned to work because of the injury, to an accredited rehabilitation and return to work program of the insurer.\n(sec.220-ssec.4) However— subsection (3) (b) and (c) does not apply if the insurer is satisfied the program is not able to further assist the worker with rehabilitation for the injury; and subsection (3) (c) does not apply if the worker is already participating in an accredited rehabilitation and return to work program of the insurer.\n(sec.220-ssec.5) A worker who is referred under subsection (3) to an accredited rehabilitation and return to work program of an insurer is entitled to participate in the program until the first of the following happens— the insurer is satisfied the worker is unwilling or unable to participate in the program; the insurer is satisfied the program is not able to further assist the worker with rehabilitation for the injury; the worker receives a payment of damages for the injury; the worker receives a redemption payment for the injury; the worker receives compensation for the injury for 5 years.\n(sec.220-ssec.6) If a worker is aggrieved by either of the following decisions of an insurer, the worker may have the decision reviewed under chapter 13 — a decision under subsection (4) to refuse the worker’s entitlement under subsection (3) (b) or (c) to be referred to an accredited rehabilitation and return to work program of the insurer; a decision under subsection (5) that the worker is no longer entitled to participate in an accredited rehabilitation and return to work program of the insurer.\n- (a) workers who have an entitlement to compensation; and\n- (b) workers who are participating in an accredited rehabilitation and return to work program of the insurer.\n- (a) may refer a worker who is receiving compensation for an injury to an accredited rehabilitation and return to work program of the insurer; and\n- (b) must refer a worker who is receiving compensation for an injury, and has asked the insurer to be referred to a rehabilitation and return to work program, to an accredited rehabilitation and return to work program of the insurer; and\n- (c) must refer a worker who has stopped receiving compensation for an injury under section 144A , 168 or 190 (2) , and has not returned to work because of the injury, to an accredited rehabilitation and return to work program of the insurer.\n- (a) subsection (3) (b) and (c) does not apply if the insurer is satisfied the program is not able to further assist the worker with rehabilitation for the injury; and\n- (b) subsection (3) (c) does not apply if the worker is already participating in an accredited rehabilitation and return to work program of the insurer.\n- (a) the insurer is satisfied the worker is unwilling or unable to participate in the program;\n- (b) the insurer is satisfied the program is not able to further assist the worker with rehabilitation for the injury;\n- (c) the worker receives a payment of damages for the injury;\n- (d) the worker receives a redemption payment for the injury;\n- (e) the worker receives compensation for the injury for 5 years.\n- (a) a decision under subsection (4) to refuse the worker’s entitlement under subsection (3) (b) or (c) to be referred to an accredited rehabilitation and return to work program of the insurer;\n- (b) a decision under subsection (5) that the worker is no longer entitled to participate in an accredited rehabilitation and return to work program of the insurer.","sortOrder":373},{"sectionNumber":"sec.221","sectionType":"section","heading":"Steps for rehabilitation and return to work—rehabilitation and return to work plan","content":"### sec.221 Steps for rehabilitation and return to work—rehabilitation and return to work plan\n\nIn securing the worker’s rehabilitation and early return to suitable duties, the insurer must ensure there is a written plan (a rehabilitation and return to work plan ) for the worker that outlines—\nthe rehabilitation objectives for the worker; and\nthe steps required to achieve the objectives.\nThe rehabilitation and return to work plan must be in place within 10 business days after the worker’s application for compensation is allowed.\nThe insurer must ensure the rehabilitation and return to work plan—\nis reviewed and modified as further information becomes available, the worker’s progress against the plan is assessed and decisions are made; and\nis prepared and reviewed in consultation with the worker, the worker’s employer and registered persons treating the worker, to the extent that it is reasonably practicable to do so.\ns 221 prev s 221 amd 2005 No. 50 s 30 ; 2010 No. 24 s 10\nom 2013 No. 52 s 73\npres s 221 ins 2024 No. 40 s 41\n(sec.221-ssec.1) In securing the worker’s rehabilitation and early return to suitable duties, the insurer must ensure there is a written plan (a rehabilitation and return to work plan ) for the worker that outlines— the rehabilitation objectives for the worker; and the steps required to achieve the objectives.\n(sec.221-ssec.2) The rehabilitation and return to work plan must be in place within 10 business days after the worker’s application for compensation is allowed.\n(sec.221-ssec.3) The insurer must ensure the rehabilitation and return to work plan— is reviewed and modified as further information becomes available, the worker’s progress against the plan is assessed and decisions are made; and is prepared and reviewed in consultation with the worker, the worker’s employer and registered persons treating the worker, to the extent that it is reasonably practicable to do so.\n- (a) the rehabilitation objectives for the worker; and\n- (b) the steps required to achieve the objectives.\n- (a) is reviewed and modified as further information becomes available, the worker’s progress against the plan is assessed and decisions are made; and\n- (b) is prepared and reviewed in consultation with the worker, the worker’s employer and registered persons treating the worker, to the extent that it is reasonably practicable to do so.","sortOrder":374},{"sectionNumber":"sec.221AA","sectionType":"section","heading":"Steps for rehabilitation and return to work—provider of workplace rehabilitation services","content":"### sec.221AA Steps for rehabilitation and return to work—provider of workplace rehabilitation services\n\nIn securing the worker’s rehabilitation and early return to suitable duties, the insurer must ensure that each provider of workplace rehabilitation services meets the requirements prescribed by the scheme directions.\nWithout limiting the requirements that may be prescribed by scheme directions, the scheme directions may prescribe requirements for providers of workplace rehabilitation services relating to—\nservice delivery; and\ncompetency and professional standards.\nIf requirements are prescribed by scheme directions or the prescribed requirements change, a provider of workplace rehabilitation services must meet the new or changed requirements as soon as practicable.\nIf a worker is dissatisfied with a provider of workplace rehabilitation services, the worker may request the insurer to secure services for the worker from a different provider chosen by the worker.\nThe insurer must accommodate the request if it is practicable to do so and it would not, in the opinion of the insurer, be likely to adversely affect the worker’s rehabilitation and early return to suitable duties.\ns 221AA ins 2024 No. 40 s 41\n(sec.221AA-ssec.1) In securing the worker’s rehabilitation and early return to suitable duties, the insurer must ensure that each provider of workplace rehabilitation services meets the requirements prescribed by the scheme directions.\n(sec.221AA-ssec.2) Without limiting the requirements that may be prescribed by scheme directions, the scheme directions may prescribe requirements for providers of workplace rehabilitation services relating to— service delivery; and competency and professional standards.\n(sec.221AA-ssec.3) If requirements are prescribed by scheme directions or the prescribed requirements change, a provider of workplace rehabilitation services must meet the new or changed requirements as soon as practicable.\n(sec.221AA-ssec.4) If a worker is dissatisfied with a provider of workplace rehabilitation services, the worker may request the insurer to secure services for the worker from a different provider chosen by the worker.\n(sec.221AA-ssec.5) The insurer must accommodate the request if it is practicable to do so and it would not, in the opinion of the insurer, be likely to adversely affect the worker’s rehabilitation and early return to suitable duties.\n- (a) service delivery; and\n- (b) competency and professional standards.","sortOrder":375},{"sectionNumber":"ch.4-pt.3-div.2","sectionType":"division","heading":"Insurer’s liability for rehabilitation fees and costs","content":"## Insurer’s liability for rehabilitation fees and costs","sortOrder":376},{"sectionNumber":"sec.221A","sectionType":"section","heading":"Application of division","content":"### sec.221A Application of division\n\nThis division does not apply to rehabilitation provided to 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 .\ns 221A ins 2016 No. 44 s 29","sortOrder":377},{"sectionNumber":"sec.222","sectionType":"section","heading":"Liability for rehabilitation fees and costs","content":"### sec.222 Liability for rehabilitation fees and costs\n\nThis section applies if an insurer considers rehabilitation is necessary for a worker for whose injury the insurer has accepted liability.\nIn addition to compensation otherwise payable, the insurer must pay the fees or costs of rehabilitation that the insurer accepts to be reasonable, having regard to the worker’s injury.\nUnder the table of costs, WorkCover may impose conditions on the provision of the rehabilitation.\nThe insurer’s liability under this division stops when the worker’s entitlement to compensation or the payment of another amount relating to an accredited rehabilitation and return to work program of the insurer stops.\nBefore imposing a condition under subsection (3) WorkCover must consult with self-insurers.\ns 222 amd 2013 No. 52 s 74 ; 2019 No. 33 s 62\n(sec.222-ssec.1) This section applies if an insurer considers rehabilitation is necessary for a worker for whose injury the insurer has accepted liability.\n(sec.222-ssec.2) In addition to compensation otherwise payable, the insurer must pay the fees or costs of rehabilitation that the insurer accepts to be reasonable, having regard to the worker’s injury.\n(sec.222-ssec.3) Under the table of costs, WorkCover may impose conditions on the provision of the rehabilitation.\n(sec.222-ssec.4) The insurer’s liability under this division stops when the worker’s entitlement to compensation or the payment of another amount relating to an accredited rehabilitation and return to work program of the insurer stops.\n(sec.222-ssec.5) Before imposing a condition under subsection (3) WorkCover must consult with self-insurers.","sortOrder":378},{"sectionNumber":"sec.223","sectionType":"section","heading":"Extent of liability for rehabilitation fees and costs","content":"### sec.223 Extent of liability for rehabilitation fees and costs\n\nAn insurer must pay the following fees or costs for rehabilitation for an injury, whether provided at 1 time or at different times—\nfor rehabilitation provided to a worker by a registered person—the fees or costs accepted by the insurer to be reasonable, having regard to the relevant table of costs;\nfor other rehabilitation—the fees or costs approved by the insurer.\n- (a) for rehabilitation provided to a worker by a registered person—the fees or costs accepted by the insurer to be reasonable, having regard to the relevant table of costs;\n- (b) for other rehabilitation—the fees or costs approved by the insurer.","sortOrder":379},{"sectionNumber":"ch.4-pt.3-div.3","sectionType":"division","heading":"Caring allowance","content":"## Caring allowance","sortOrder":380},{"sectionNumber":"sec.224","sectionType":"section","heading":"Liability for caring allowance","content":"### sec.224 Liability for caring allowance\n\nThis section applies if a worker is receiving weekly payments of compensation.\nA caring allowance may be paid if the insurer is satisfied that—\nthe worker depends on day to day care for the fundamental activities of daily living; and\nthe care is to be provided to the worker at the worker’s home on a voluntary basis by another person in relation to whom compensation is not payable.\nThe insurer must ask that a registered occupational therapist assess the worker’s level of dependency and day to day care requirements resulting from the injury in the way prescribed under a regulation.\nThe occupational therapist must give the insurer an assessment report stating—\nthe matters the therapist took into account, and the weight the therapist gave to the matters, in deciding the worker’s level of dependency and day to day care requirements; and\nany other information prescribed under a regulation.\nIn this section—\nhome , of the worker, means a private dwelling where the worker usually resides.\n(sec.224-ssec.1) This section applies if a worker is receiving weekly payments of compensation.\n(sec.224-ssec.2) A caring allowance may be paid if the insurer is satisfied that— the worker depends on day to day care for the fundamental activities of daily living; and the care is to be provided to the worker at the worker’s home on a voluntary basis by another person in relation to whom compensation is not payable.\n(sec.224-ssec.3) The insurer must ask that a registered occupational therapist assess the worker’s level of dependency and day to day care requirements resulting from the injury in the way prescribed under a regulation.\n(sec.224-ssec.4) The occupational therapist must give the insurer an assessment report stating— 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 day to day care requirements; and any other information prescribed under a regulation.\n(sec.224-ssec.5) In this section— home , of the worker, means a private dwelling where the worker usually resides.\n- (a) the worker depends on day to day care for the fundamental activities of daily living; and\n- (b) the care is to be provided to the worker at the worker’s home on a voluntary basis by another person in relation to whom compensation is not payable.\n- (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 day to day care requirements; and\n- (b) any other information prescribed under a regulation.","sortOrder":381},{"sectionNumber":"sec.225","sectionType":"section","heading":"Extent of liability for caring allowance","content":"### sec.225 Extent of liability for caring allowance\n\nThe insurer may pay the caring allowance—\nin the way prescribed under a regulation; and\nto, or on account of, the person providing the care.\n- (a) in the way prescribed under a regulation; and\n- (b) to, or on account of, the person providing the care.","sortOrder":382},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Employer’s obligation for rehabilitation","content":"# Employer’s obligation for rehabilitation","sortOrder":383},{"sectionNumber":"sec.226","sectionType":"section","heading":"Employer’s obligation to appoint rehabilitation and return to work coordinator","content":"### sec.226 Employer’s obligation to appoint rehabilitation and return to work coordinator\n\nAn employer must appoint a rehabilitation and return to work coordinator if the employer meets criteria prescribed under a regulation.\nThe rehabilitation and return to work coordinator must be in Queensland and be employed by the employer under a contract (regardless of whether the contract is a contract of service).\nThe employer must, unless the employer has a reasonable excuse, appoint the rehabilitation and return to work coordinator—\nwithin 6 months after—\nestablishing a workplace; or\nstarting to employ workers at a workplace; or\nwithin a later period approved by the Regulator.\nMaximum penalty—50 penalty units.\nThe employer must give the insurer the prescribed details of a person appointed as a rehabilitation and return to work coordinator within 12 months after the appointment.\nMaximum penalty—50 penalty units.\nIf the prescribed details of a person appointed as a rehabilitation and return to work coordinator change, the employer must, by written notice, tell the insurer about the change within 12 months after the change.\nMaximum penalty—50 penalty units.\nA rehabilitation and return to work coordinator, who is employed under a contract of service at the workplace, is not civilly liable for an act done, or an omission made, in giving effect to the workplace rehabilitation policy and procedures of an employer.\nIf subsection (6) prevents a civil liability attaching to a rehabilitation and return to work coordinator, the liability attaches instead to the employer.\nIn this section—\nprescribed details , of a person appointed as a rehabilitation and return to work coordinator, means—\nthe person’s name and contact details; and\nthe details of how the person is appropriately qualified under 41(1)(a); and\nthe details of each workplace for which the person is appointed as the rehabilitation and return to work coordinator.\ns 226 amd 2005 No. 50 ss 31 , 3 sch ; 2007 No. 36 s 2 sch ; 2013 No. 52 s 114 sch 2 ; 2019 No. 33 s 63\n(sec.226-ssec.1) An employer must appoint a rehabilitation and return to work coordinator if the employer meets criteria prescribed under a regulation.\n(sec.226-ssec.2) The rehabilitation and return to work coordinator must be in Queensland and be employed by the employer under a contract (regardless of whether the contract is a contract of service).\n(sec.226-ssec.3) The employer must, unless the employer has a reasonable excuse, appoint the rehabilitation and return to work coordinator— within 6 months after— establishing a workplace; or starting to employ workers at a workplace; or within a later period approved by the Regulator. Maximum penalty—50 penalty units.\n(sec.226-ssec.4) The employer must give the insurer the prescribed details of a person appointed as a rehabilitation and return to work coordinator within 12 months after the appointment. Maximum penalty—50 penalty units.\n(sec.226-ssec.5) If the prescribed details of a person appointed as a rehabilitation and return to work coordinator change, the employer must, by written notice, tell the insurer about the change within 12 months after the change. Maximum penalty—50 penalty units.\n(sec.226-ssec.6) A rehabilitation and return to work coordinator, who is employed under a contract of service at the workplace, is not civilly liable for an act done, or an omission made, in giving effect to the workplace rehabilitation policy and procedures of an employer.\n(sec.226-ssec.7) If subsection (6) prevents a civil liability attaching to a rehabilitation and return to work coordinator, the liability attaches instead to the employer.\n(sec.226-ssec.8) In this section— prescribed details , of a person appointed as a rehabilitation and return to work coordinator, means— the person’s name and contact details; and the details of how the person is appropriately qualified under 41(1)(a); and the details of each workplace for which the person is appointed as the rehabilitation and return to work coordinator.\n- (a) within 6 months after— (i) establishing a workplace; or (ii) starting to employ workers at a workplace; or\n- (i) establishing a workplace; or\n- (ii) starting to employ workers at a workplace; or\n- (b) within a later period approved by the Regulator.\n- (i) establishing a workplace; or\n- (ii) starting to employ workers at a workplace; or\n- (a) the person’s name and contact details; and\n- (b) the details of how the person is appropriately qualified under 41(1)(a); and\n- (c) the details of each workplace for which the person is appointed as the rehabilitation and return to work coordinator.","sortOrder":384},{"sectionNumber":"sec.227","sectionType":"section","heading":"Employer’s obligation to have workplace rehabilitation policy and procedures","content":"### sec.227 Employer’s obligation to have workplace rehabilitation policy and procedures\n\nThis section applies if an employer must appoint a rehabilitation and return to work coordinator under section 226 (1) .\nThe employer must have workplace rehabilitation policy and procedures.\nMaximum penalty—50 penalty units.\nThe employer must, unless the employer has a reasonable excuse, have workplace rehabilitation policy and procedures—\nwithin 6 months after—\nestablishing a workplace; or\nstarting to employ workers at a workplace; or\nwithin a later period approved by the Regulator.\nMaximum penalty—50 penalty units.\nThe employer must review the employer’s workplace rehabilitation policy and procedures at least every 3 years.\ns 227 amd 2005 No. 50 s 32 ; 2013 No. 52 s 75\n(sec.227-ssec.1) This section applies if an employer must appoint a rehabilitation and return to work coordinator under section 226 (1) .\n(sec.227-ssec.2) The employer must have workplace rehabilitation policy and procedures. Maximum penalty—50 penalty units.\n(sec.227-ssec.3) The employer must, unless the employer has a reasonable excuse, have workplace rehabilitation policy and procedures— within 6 months after— establishing a workplace; or starting to employ workers at a workplace; or within a later period approved by the Regulator. Maximum penalty—50 penalty units.\n(sec.227-ssec.4) The employer must review the employer’s workplace rehabilitation policy and procedures at least every 3 years.\n- (a) within 6 months after— (i) establishing a workplace; or (ii) starting to employ workers at a workplace; or\n- (i) establishing a workplace; or\n- (ii) starting to employ workers at a workplace; or\n- (b) within a later period approved by the Regulator.\n- (i) establishing a workplace; or\n- (ii) starting to employ workers at a workplace; or","sortOrder":385},{"sectionNumber":"sec.228","sectionType":"section","heading":"Employer’s obligation to assist or provide rehabilitation","content":"### sec.228 Employer’s obligation to assist or provide rehabilitation\n\nThe employer of a worker who has sustained an injury must—\ntake the action required by the scheme directions to be taken to assist or provide the worker with rehabilitation during the prescribed period for the worker; and\ntake all other reasonable steps to assist or provide the worker with rehabilitation during the prescribed period for the worker; and\ncooperate with the insurer by taking all reasonable steps to support the insurer to meet the insurer’s obligations under section 220 .\nMaximum penalty—500 penalty units.\nIf the employer forms the opinion that it is not practicable to provide the worker with rehabilitation in the form of a suitable duties program, the employer must give the insurer a written notice stating the evidence relied on to support the opinion.\nMaximum penalty—100 penalty units.\nThe insurer must, as soon as practicable after receiving the employer’s notice—\nconsider the evidence and form the insurer’s own opinion; and\nif the insurer is not satisfied by the evidence provided—\ninform the employer of that opinion and the reasons for it; and\ngive the employer a reasonable opportunity to make submissions and provide further evidence.\nMaximum penalty—100 penalty units.\nIn this section—\nprescribed period , for a worker who has sustained an injury, means the period that—\nstarts on the day the worker is injured; and\nends on the day the insurer’s responsibility for the worker’s rehabilitation ends under section 220 .\ns 228 amd 2005 No. 50 s 33\nsub 2019 No. 33 s 64\namd 2024 No. 40 s 42\n(sec.228-ssec.1) The employer of a worker who has sustained an injury must— take the action required by the scheme directions to be taken to assist or provide the worker with rehabilitation during the prescribed period for the worker; and take all other reasonable steps to assist or provide the worker with rehabilitation during the prescribed period for the worker; and cooperate with the insurer by taking all reasonable steps to support the insurer to meet the insurer’s obligations under section 220 . Maximum penalty—500 penalty units.\n(sec.228-ssec.2) If the employer forms the opinion that it is not practicable to provide the worker with rehabilitation in the form of a suitable duties program, the employer must give the insurer a written notice stating the evidence relied on to support the opinion. Maximum penalty—100 penalty units.\n(sec.228-ssec.3) The insurer must, as soon as practicable after receiving the employer’s notice— consider the evidence and form the insurer’s own opinion; and if the insurer is not satisfied by the evidence provided— inform the employer of that opinion and the reasons for it; and give the employer a reasonable opportunity to make submissions and provide further evidence. Maximum penalty—100 penalty units.\n(sec.228-ssec.4) In this section— prescribed period , for a worker who has sustained an injury, means the period that— starts on the day the worker is injured; and ends on the day the insurer’s responsibility for the worker’s rehabilitation ends under section 220 .\n- (a) take the action required by the scheme directions to be taken to assist or provide the worker with rehabilitation during the prescribed period for the worker; and\n- (b) take all other reasonable steps to assist or provide the worker with rehabilitation during the prescribed period for the worker; and\n- (c) cooperate with the insurer by taking all reasonable steps to support the insurer to meet the insurer’s obligations under section 220 .\n- (a) consider the evidence and form the insurer’s own opinion; and\n- (b) if the insurer is not satisfied by the evidence provided— (i) inform the employer of that opinion and the reasons for it; and (ii) give the employer a reasonable opportunity to make submissions and provide further evidence.\n- (i) inform the employer of that opinion and the reasons for it; and\n- (ii) give the employer a reasonable opportunity to make submissions and provide further evidence.\n- (i) inform the employer of that opinion and the reasons for it; and\n- (ii) give the employer a reasonable opportunity to make submissions and provide further evidence.\n- (a) starts on the day the worker is injured; and\n- (b) ends on the day the insurer’s responsibility for the worker’s rehabilitation ends under section 220 .","sortOrder":386},{"sectionNumber":"sec.229","sectionType":"section","heading":"Employer’s failure in relation to rehabilitation","content":"### sec.229 Employer’s failure in relation to rehabilitation\n\nThis section applies if an employer, other than a self-insurer, fails to take reasonable steps to assist or provide a worker with rehabilitation.\nWorkCover may require the employer to pay WorkCover an amount by way of penalty equal to the amount of compensation paid to the worker during the period of noncompliance by the employer.\nWorkCover may recover the amount from the employer—\nas a debt; or\nas an addition to a premium payable by the employer.\nThe employer may apply to WorkCover in writing to waive or reduce the penalty because of extenuating circumstances.\nThe application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case.\nWorkCover must consider the application and may—\nwaive or reduce the penalty; or\nrefuse to waive or reduce the penalty.\nIf the employer is dissatisfied with WorkCover’s decision, the employer may have the decision reviewed under chapter 13 .\n(sec.229-ssec.1) This section applies if an employer, other than a self-insurer, fails to take reasonable steps to assist or provide a worker with rehabilitation.\n(sec.229-ssec.2) WorkCover may require the employer to pay WorkCover an amount by way of penalty equal to the amount of compensation paid to the worker during the period of noncompliance by the employer.\n(sec.229-ssec.3) WorkCover may recover the amount from the employer— as a debt; or as an addition to a premium payable by the employer.\n(sec.229-ssec.4) The employer may apply to WorkCover in writing to waive or reduce the penalty because of extenuating circumstances.\n(sec.229-ssec.5) The application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case.\n(sec.229-ssec.6) WorkCover must consider the application and may— waive or reduce the penalty; or refuse to waive or reduce the penalty.\n(sec.229-ssec.7) If the employer is dissatisfied with WorkCover’s decision, the employer may have the decision reviewed under chapter 13 .\n- (a) as a debt; or\n- (b) as an addition to a premium payable by the employer.\n- (a) waive or reduce the penalty; or\n- (b) refuse to waive or reduce the penalty.","sortOrder":387},{"sectionNumber":"ch.4-pt.4A","sectionType":"part","heading":"Obligation of person to whom labour hire worker supplied","content":"# Obligation of person to whom labour hire worker supplied","sortOrder":388},{"sectionNumber":"sec.229A","sectionType":"section","heading":"Obligation of person to whom labour hire worker supplied","content":"### sec.229A Obligation of person to whom labour hire worker supplied\n\nIf a worker sustains an injury as a labour hire worker supplied to another person, the person to whom the worker is supplied must cooperate with the worker’s employer by taking all reasonable steps to support the employer to meet the employer’s obligations under section 228 .\nMaximum penalty—300 penalty units.\nIn this section—\nlabour hire worker means a worker mentioned in schedule 2 , part 1 , item 5.\ns 229A ins 2024 No. 40 s 43\n(sec.229A-ssec.1) If a worker sustains an injury as a labour hire worker supplied to another person, the person to whom the worker is supplied must cooperate with the worker’s employer by taking all reasonable steps to support the employer to meet the employer’s obligations under section 228 . Maximum penalty—300 penalty units.\n(sec.229A-ssec.2) In this section— labour hire worker means a worker mentioned in schedule 2 , part 1 , item 5.","sortOrder":389},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Worker’s mitigation and rehabilitation obligations","content":"# Worker’s mitigation and rehabilitation obligations","sortOrder":390},{"sectionNumber":"sec.230","sectionType":"section","heading":"Application of pt 5","content":"### sec.230 Application of pt 5\n\nThis part applies to a worker who has sustained an injury and is required to participate in rehabilitation.","sortOrder":391},{"sectionNumber":"sec.231","sectionType":"section","heading":"Worker must mitigate loss","content":"### sec.231 Worker must mitigate loss\n\nThe common law duty of mitigation of loss applies to the worker.\nThe worker’s duty may be discharged by participating in rehabilitation.\nWithout limiting subsection (2) , a worker must satisfactorily participate in any return to work program or suitable duties arranged by the insurer.\nThe worker’s duty under this section is in addition to any duty the worker may have under section 267 .\ns 231 amd 2010 No. 24 s 11 ; 2013 No. 52 s 76\n(sec.231-ssec.1) The common law duty of mitigation of loss applies to the worker.\n(sec.231-ssec.2) The worker’s duty may be discharged by participating in rehabilitation.\n(sec.231-ssec.3) Without limiting subsection (2) , a worker must satisfactorily participate in any return to work program or suitable duties arranged by the insurer.\n(sec.231-ssec.4) The worker’s duty under this section is in addition to any duty the worker may have under section 267 .","sortOrder":392},{"sectionNumber":"sec.232","sectionType":"section","heading":"Worker must participate in rehabilitation","content":"### sec.232 Worker must participate in rehabilitation\n\nThe worker must satisfactorily participate in rehabilitation—\nas soon as practicable after the injury is sustained; and\nfor the period for which the worker is entitled to compensation.\nIf the worker fails or refuses to participate in rehabilitation without reasonable excuse, the insurer may, by written notice given to the worker, suspend the worker’s entitlement to compensation until the worker satisfactorily participates in rehabilitation.\nIf the insurer suspends the worker’s entitlement to compensation, the worker may have the decision reviewed under chapter 13 .\n(sec.232-ssec.1) The worker must satisfactorily participate in rehabilitation— as soon as practicable after the injury is sustained; and for the period for which the worker is entitled to compensation.\n(sec.232-ssec.2) If the worker fails or refuses to participate in rehabilitation without reasonable excuse, the insurer may, by written notice given to the worker, suspend the worker’s entitlement to compensation until the worker satisfactorily participates in rehabilitation.\n(sec.232-ssec.3) If the insurer suspends the worker’s entitlement to compensation, the worker may have the decision reviewed under chapter 13 .\n- (a) as soon as practicable after the injury is sustained; and\n- (b) for the period for which the worker is entitled to compensation.","sortOrder":393},{"sectionNumber":"ch.4-pt.5A","sectionType":"part","heading":"Support for workers with psychiatric or psychological injuries","content":"# Support for workers with psychiatric or psychological injuries","sortOrder":394},{"sectionNumber":"sec.232AA","sectionType":"section","heading":"Application of part","content":"### sec.232AA Application of part\n\nThis part applies if a worker makes an application for compensation under section 132 for a psychiatric or psychological injury arising out of, or in the course of, employment.\nHowever, this part does not apply if the worker has made an earlier application for compensation under section 132 for a psychiatric or psychological injury and the event that resulted in the injury the subject of the earlier application is the same, or substantially the same, as the event that resulted in the injury mentioned in subsection (1) .\ns 232AA ins 2019 No. 33 s 65\n(sec.232AA-ssec.1) This part applies if a worker makes an application for compensation under section 132 for a psychiatric or psychological injury arising out of, or in the course of, employment.\n(sec.232AA-ssec.2) However, this part does not apply if the worker has made an earlier application for compensation under section 132 for a psychiatric or psychological injury and the event that resulted in the injury the subject of the earlier application is the same, or substantially the same, as the event that resulted in the injury mentioned in subsection (1) .","sortOrder":395},{"sectionNumber":"sec.232AB","sectionType":"section","heading":"Insurer’s responsibility for providing support to worker","content":"### sec.232AB Insurer’s responsibility for providing support to worker\n\nThe insurer must take all reasonable steps to provide reasonable services to support the worker in relation to the psychiatric or psychological injury during the prescribed period for the worker.\nmediation services, counselling services\nMaximum penalty—500 penalty units.\nWithout limiting subsection (1) , if the services include medical treatment for the worker’s injury during the prescribed period for the worker, the insurer must pay—\nfor medical treatment by a registered person—the cost the insurer accepts as reasonable, having regard to the relevant table of costs; and\nfor nursing, medicines, or medical or surgical supplies—the cost the insurer accepts as reasonable.\nHowever, the insurer is not required to pay—\nthe costs of nursing, medicines, or medical or surgical supplies that the worker receives as an in-patient at a hospital; or\nthe costs of hospitalisation of the worker.\nIf the worker’s application for compensation is allowed, a payment under this section by the insurer is taken to be a payment of compensation.\nIn this section—\nprescribed period , for a worker, means the period that—\nstarts on the day the worker makes an application for compensation under section 132 for a psychiatric or psychological injury arising out of, or in the course of, employment; and\nends on the day the insurer decides to allow or reject the application for compensation mentioned in paragraph (a) .\ns 232AB ins 2019 No. 33 s 65\namd 2024 No. 40 s 44\n(sec.232AB-ssec.1) The insurer must take all reasonable steps to provide reasonable services to support the worker in relation to the psychiatric or psychological injury during the prescribed period for the worker. mediation services, counselling services Maximum penalty—500 penalty units.\n(sec.232AB-ssec.2) Without limiting subsection (1) , if the services include medical treatment for the worker’s injury during the prescribed period for the worker, the insurer must pay— for medical treatment by a registered person—the cost the insurer accepts as reasonable, having regard to the relevant table of costs; and for nursing, medicines, or medical or surgical supplies—the cost the insurer accepts as reasonable.\n(sec.232AB-ssec.3) However, the insurer is not required to pay— the costs of nursing, medicines, or medical or surgical supplies that the worker receives as an in-patient at a hospital; or the costs of hospitalisation of the worker.\n(sec.232AB-ssec.4) If the worker’s application for compensation is allowed, a payment under this section by the insurer is taken to be a payment of compensation.\n(sec.232AB-ssec.5) In this section— prescribed period , for a worker, means the period that— starts on the day the worker makes an application for compensation under section 132 for a psychiatric or psychological injury arising out of, or in the course of, employment; and ends on the day the insurer decides to allow or reject the application for compensation mentioned in paragraph (a) .\n- (a) for medical treatment by a registered person—the cost the insurer accepts as reasonable, having regard to the relevant table of costs; and\n- (b) for nursing, medicines, or medical or surgical supplies—the cost the insurer accepts as reasonable.\n- (a) the costs of nursing, medicines, or medical or surgical supplies that the worker receives as an in-patient at a hospital; or\n- (b) the costs of hospitalisation of the worker.\n- (a) starts on the day the worker makes an application for compensation under section 132 for a psychiatric or psychological injury arising out of, or in the course of, employment; and\n- (b) ends on the day the insurer decides to allow or reject the application for compensation mentioned in paragraph (a) .","sortOrder":396},{"sectionNumber":"ch.4-pt.5B","sectionType":"part","heading":"Minimising risk of psychological harm","content":"# Minimising risk of psychological harm","sortOrder":397},{"sectionNumber":"sec.232AC","sectionType":"section","heading":"Minimising risk of psychological harm","content":"### sec.232AC Minimising risk of psychological harm\n\nThis section applies if an insurer allows an application for compensation for a physical injury sustained by the worker.\nThe insurer must take all reasonable steps to minimise the risk of the worker sustaining a psychiatric or psychological injury arising from the physical injury, including by providing reasonable services to the worker.\nMaximum penalty—500 penalty units.\nThe insurer’s obligation ends on the day the worker’s entitlement to compensation ends.\nThis section does not limit the insurer’s other obligations under another part of this chapter, including the obligation to pay for medical treatment for the injury sustained by the worker.\ns 232AC ins 2024 No. 40 s 46\n(sec.232AC-ssec.1) This section applies if an insurer allows an application for compensation for a physical injury sustained by the worker.\n(sec.232AC-ssec.2) The insurer must take all reasonable steps to minimise the risk of the worker sustaining a psychiatric or psychological injury arising from the physical injury, including by providing reasonable services to the worker. Maximum penalty—500 penalty units.\n(sec.232AC-ssec.3) The insurer’s obligation ends on the day the worker’s entitlement to compensation ends.\n(sec.232AC-ssec.4) This section does not limit the insurer’s other obligations under another part of this chapter, including the obligation to pay for medical treatment for the injury sustained by the worker.","sortOrder":398},{"sectionNumber":"sec.232AD","sectionType":"section","heading":"Extent of liability for fees and costs","content":"### sec.232AD Extent of liability for fees and costs\n\nIf medical treatment or other services are provided to a worker under section 232AC , the insurer must pay the following fees or costs—\nfor medical treatment or other services provided to the worker to which a table of costs applies—the fees or costs accepted by the insurer to be reasonable, having regard to the relevant table of costs;\nfor services to which a table of costs does not apply—the fees or costs approved by the insurer.\ns 232AD ins 2024 No. 40 s 46\n- (a) for medical treatment or other services provided to the worker to which a table of costs applies—the fees or costs accepted by the insurer to be reasonable, having regard to the relevant table of costs;\n- (b) for services to which a table of costs does not apply—the fees or costs approved by the insurer.","sortOrder":399},{"sectionNumber":"ch.4-pt.6","sectionType":"part","heading":"Protection for injured workers","content":"# Protection for injured workers","sortOrder":400},{"sectionNumber":"sec.232A","sectionType":"section","heading":"Definitions for pt 6","content":"### sec.232A Definitions for pt 6\n\nIn this part—\ndismiss an injured worker includes a situation where—\nan unreasonable employment condition that is designed to make the worker leave employment is imposed on the worker; and\nthe worker leaves the employment.\nformer position of an injured worker means, at the worker’s option—\nthe position from which the injured worker was dismissed; or\nif the worker was transferred to a less advantageous position before dismissal—the position held by the worker when the worker became unfit for employment.\ninjured worker means a worker who sustains an injury.\ninjury means an injury for which compensation is payable.\ns 232A ins 2006 No. 22 s 22\n- (a) an unreasonable employment condition that is designed to make the worker leave employment is imposed on the worker; and\n- (b) the worker leaves the employment.\n- (a) the position from which the injured worker was dismissed; or\n- (b) if the worker was transferred to a less advantageous position before dismissal—the position held by the worker when the worker became unfit for employment.","sortOrder":401},{"sectionNumber":"sec.232B","sectionType":"section","heading":"Dismissal of injured worker only after 12 months","content":"### sec.232B Dismissal of injured worker only after 12 months\n\nWithin 12 months after a worker sustains an injury, the employer must not dismiss the worker solely or mainly because the worker is not fit for employment in a position because of the injury.\nMaximum penalty—500 penalty units.\nThis section applies to a dismissal after the commencement of this section even if the worker became unfit before the commencement.\ns 232B ins 2006 No. 22 s 22\namd 2024 No. 40 s 45\n(sec.232B-ssec.1) Within 12 months after a worker sustains an injury, the employer must not dismiss the worker solely or mainly because the worker is not fit for employment in a position because of the injury. Maximum penalty—500 penalty units.\n(sec.232B-ssec.2) This section applies to a dismissal after the commencement of this section even if the worker became unfit before the commencement.","sortOrder":402},{"sectionNumber":"sec.232C","sectionType":"section","heading":"Replacement for injured worker","content":"### sec.232C Replacement for injured worker\n\nThis section applies if the employer wants to employ a replacement worker while an injured worker is not fit for employment in a position because of the injury.\nThe employer must, before a replacement worker starts employment, give the replacement worker a written notice informing the replacement worker of—\nthe temporary nature of the employment; and\nthe injured worker’s right to return to work.\nIn this section—\nreplacement worker means—\na person who is specifically employed because an injured worker is not fit for employment in a position because of the injury; or\na person replacing a worker who is temporarily promoted or transferred to replace the injured worker.\ns 232C ins 2006 No. 22 s 22\n(sec.232C-ssec.1) This section applies if the employer wants to employ a replacement worker while an injured worker is not fit for employment in a position because of the injury.\n(sec.232C-ssec.2) The employer must, before a replacement worker starts employment, give the replacement worker a written notice informing the replacement worker of— the temporary nature of the employment; and the injured worker’s right to return to work.\n(sec.232C-ssec.3) In this section— replacement worker means— a person who is specifically employed because an injured worker is not fit for employment in a position because of the injury; or a person replacing a worker who is temporarily promoted or transferred to replace the injured worker.\n- (a) the temporary nature of the employment; and\n- (b) the injured worker’s right to return to work.\n- (a) a person who is specifically employed because an injured worker is not fit for employment in a position because of the injury; or\n- (b) a person replacing a worker who is temporarily promoted or transferred to replace the injured worker.","sortOrder":403},{"sectionNumber":"sec.232D","sectionType":"section","heading":"Reinstatement of injured worker","content":"### sec.232D Reinstatement of injured worker\n\nThis section applies if an injured worker is dismissed because the worker is not fit for employment in a position because of the injury.\nThe worker may apply to the employer, within 12 months after the injury, for reinstatement to the worker’s former position.\nThe worker must give the employer a doctor’s certificate that certifies the worker is fit for employment in the former position.\nThis section applies to a dismissal after the commencement of this section even if the worker became unfit before the commencement.\nIn this section—\ndoctor’s certificate means a certificate signed by a person registered under the Health Practitioner Regulation National Law to practise in the medical profession, other than as a student.\ns 232D ins 2006 No. 22 s 22\namd 2010 No. 14 s 124 sch\n(sec.232D-ssec.1) This section applies if an injured worker is dismissed because the worker is not fit for employment in a position because of the injury.\n(sec.232D-ssec.2) The worker may apply to the employer, within 12 months after the injury, for reinstatement to the worker’s former position.\n(sec.232D-ssec.3) The worker must give the employer a doctor’s certificate that certifies the worker is fit for employment in the former position.\n(sec.232D-ssec.4) This section applies to a dismissal after the commencement of this section even if the worker became unfit before the commencement.\n(sec.232D-ssec.5) In this section— doctor’s certificate means a certificate signed by a person registered under the Health Practitioner Regulation National Law to practise in the medical profession, other than as a student.","sortOrder":404},{"sectionNumber":"sec.232E","sectionType":"section","heading":"Application to industrial commission","content":"### sec.232E Application to industrial commission\n\nThis section applies if the employer fails to immediately reinstate the worker under section 232D .\nThe following persons may apply to the industrial commission for an order that the employer reinstate the worker to the worker’s former position (a reinstatement order )—\nthe worker;\nan employee organisation of which the worker is a member, with the worker’s consent.\nThe commission may make a reinstatement order if satisfied the worker is fit for employment in the former position.\nThe order may specify terms of reinstatement including, for example, the day the reinstatement is to take effect.\ns 232E ins 2006 No. 22 s 22\n(sec.232E-ssec.1) This section applies if the employer fails to immediately reinstate the worker under section 232D .\n(sec.232E-ssec.2) The following persons may apply to the industrial commission for an order that the employer reinstate the worker to the worker’s former position (a reinstatement order )— the worker; an employee organisation of which the worker is a member, with the worker’s consent.\n(sec.232E-ssec.3) The commission may make a reinstatement order if satisfied the worker is fit for employment in the former position.\n(sec.232E-ssec.4) The order may specify terms of reinstatement including, for example, the day the reinstatement is to take effect.\n- (a) the worker;\n- (b) an employee organisation of which the worker is a member, with the worker’s consent.","sortOrder":405},{"sectionNumber":"sec.232F","sectionType":"section","heading":"Powers of industrial commission","content":"### sec.232F Powers of industrial commission\n\nWhen exercising its jurisdiction under this part—\nthe industrial commission may exercise all relevant powers, so far as the powers are appropriate to matters arising under this part, as if the relevant powers were expressly conferred by or under this Act; and\nthe following provisions, so far as they apply to the industrial commission and are appropriate to matters arising under this part, apply to the industrial commission as if the provisions were expressly included in this Act or in subordinate legislation made under this Act—\nthe Industrial Relations Act 2016 , chapter 11 and definitions of that Act relevant to the interpretation of the chapter;\nrules made under the Industrial Relations Act 2016 , section 551 ;\na regulation made for the Industrial Relations Act 2016 .\nHowever, the only order the commission may make on an application under section 232E is a reinstatement order under the section.\nIn this section—\nrelevant powers means powers conferred on the industrial commission by—\nthe Industrial Relations Act 2016 ; or\nthe rules made under the Industrial Relations Act 2016 , section 551 ; or\na regulation made for the Industrial Relations Act 2016 .\ns 232F ins 2006 No. 22 s 22\namd 2016 No. 63 s 1157 sch 6\n(sec.232F-ssec.1) When exercising its jurisdiction under this part— the industrial commission may exercise all relevant powers, so far as the powers are appropriate to matters arising under this part, as if the relevant powers were expressly conferred by or under this Act; and the following provisions, so far as they apply to the industrial commission and are appropriate to matters arising under this part, apply to the industrial commission as if the provisions were expressly included in this Act or in subordinate legislation made under this Act— the Industrial Relations Act 2016 , chapter 11 and definitions of that Act relevant to the interpretation of the chapter; rules made under the Industrial Relations Act 2016 , section 551 ; a regulation made for the Industrial Relations Act 2016 .\n(sec.232F-ssec.2) However, the only order the commission may make on an application under section 232E is a reinstatement order under the section.\n(sec.232F-ssec.3) In this section— relevant powers means powers conferred on the industrial commission by— the Industrial Relations Act 2016 ; or the rules made under the Industrial Relations Act 2016 , section 551 ; or a regulation made for the Industrial Relations Act 2016 .\n- (a) the industrial commission may exercise all relevant powers, so far as the powers are appropriate to matters arising under this part, as if the relevant powers were expressly conferred by or under this Act; and\n- (b) the following provisions, so far as they apply to the industrial commission and are appropriate to matters arising under this part, apply to the industrial commission as if the provisions were expressly included in this Act or in subordinate legislation made under this Act— (i) the Industrial Relations Act 2016 , chapter 11 and definitions of that Act relevant to the interpretation of the chapter; (ii) rules made under the Industrial Relations Act 2016 , section 551 ; (iii) a regulation made for the Industrial Relations Act 2016 .\n- (i) the Industrial Relations Act 2016 , chapter 11 and definitions of that Act relevant to the interpretation of the chapter;\n- (ii) rules made under the Industrial Relations Act 2016 , section 551 ;\n- (iii) a regulation made for the Industrial Relations Act 2016 .\n- (i) the Industrial Relations Act 2016 , chapter 11 and definitions of that Act relevant to the interpretation of the chapter;\n- (ii) rules made under the Industrial Relations Act 2016 , section 551 ;\n- (iii) a regulation made for the Industrial Relations Act 2016 .\n- (a) the Industrial Relations Act 2016 ; or\n- (b) the rules made under the Industrial Relations Act 2016 , section 551 ; or\n- (c) a regulation made for the Industrial Relations Act 2016 .","sortOrder":406},{"sectionNumber":"sec.232G","sectionType":"section","heading":"Preservation of worker’s rights","content":"### sec.232G Preservation of worker’s rights\n\nThis part does not affect another right of a dismissed worker under an Act or law.\nThis part can not be affected by a contract or agreement.\ns 232G ins 2006 No. 22 s 22\n(sec.232G-ssec.1) This part does not affect another right of a dismissed worker under an Act or law.\n(sec.232G-ssec.2) This part can not be affected by a contract or agreement.","sortOrder":407},{"sectionNumber":"ch.4A-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":408},{"sectionNumber":"sec.232H","sectionType":"section","heading":"Application and object of chapter","content":"### sec.232H Application and object of chapter\n\nThis chapter applies if a worker sustains an injury for which compensation under chapter 3 is payable.\nHowever, this chapter does not apply if the injury—\nis an injury only because it is sustained in the circumstances mentioned in section 34 (1) (c) or 35 ; or\nis caused by the worker’s serious and wilful misconduct.\nThe object of this chapter is to ensure that a worker who sustains a serious personal injury receives necessary and reasonable treatment, care and support.\ns 232H ins 2016 No. 44 s 30\n(sec.232H-ssec.1) This chapter applies if a worker sustains an injury for which compensation under chapter 3 is payable.\n(sec.232H-ssec.2) However, this chapter does not apply if the injury— is an injury only because it is sustained in the circumstances mentioned in section 34 (1) (c) or 35 ; or is caused by the worker’s serious and wilful misconduct.\n(sec.232H-ssec.3) The object of this chapter is to ensure that a worker who sustains a serious personal injury receives necessary and reasonable treatment, care and support.\n- (a) is an injury only because it is sustained in the circumstances mentioned in section 34 (1) (c) or 35 ; or\n- (b) is caused by the worker’s serious and wilful misconduct.","sortOrder":409},{"sectionNumber":"sec.232I","sectionType":"section","heading":"Definitions for chapter","content":"### sec.232I Definitions for chapter\n\nIn this chapter—\napproved service , for an eligible worker, means—\nif a support plan has not been made for the worker—treatment, care or support that is the subject of a service request relating to the worker and approved by the insurer under section 232P ; or\nif a support plan has been made for the worker—\na treatment, care and support need resulting from the worker’s serious personal injury stated in the support plan to be a need the insurer considers is necessary and reasonable in the circumstances; and\nany treatment, care or support resulting from another injury resulting from the same event as the serious personal injury stated in the support plan to be treatment, care or support the insurer considers is necessary and reasonable in the circumstances; and\nother treatment, care or support stated in the support plan to be treatment, care or support the insurer agrees to, wholly or partly, pay for under this chapter.\nattendant care and support services means services to help a person with everyday tasks.\ndomestic, home maintenance, nursing or personal assistance services\neligibility criteria see section 232M (2) (a) .\neligibility period , for an eligible worker, see section 232L (3) .\neligible worker means a worker who an insurer decides, under section 232M , is entitled to treatment, care and support payments for the worker’s injury.\nexcluded treatment, care or support see section 232K .\nfunding agreement see section 232Q (2) .\ninterim period , for an eligible worker, means a period of 2 years from the day the insurer decides, under section 232M , the worker is entitled to treatment, care and support payments for the worker’s injury.\npayment request see section 232Q (3) .\nservice request see section 232P (1) .\nsupport plan see section 232O (1) (b) .\ntreatment, care and support damages , in relation to a worker, means damages relating to the worker’s treatment, care and support needs resulting from the worker’s injury.\ntreatment, care and support needs , of a worker, see section 232J .\ntreatment, care and support payments , for a worker who has sustained an injury, means payments under this chapter for the worker’s treatment, care or support resulting from the injury.\ns 232I ins 2016 No. 44 s 30\n- (a) if a support plan has not been made for the worker—treatment, care or support that is the subject of a service request relating to the worker and approved by the insurer under section 232P ; or\n- (b) if a support plan has been made for the worker— (i) a treatment, care and support need resulting from the worker’s serious personal injury stated in the support plan to be a need the insurer considers is necessary and reasonable in the circumstances; and (ii) any treatment, care or support resulting from another injury resulting from the same event as the serious personal injury stated in the support plan to be treatment, care or support the insurer considers is necessary and reasonable in the circumstances; and (iii) other treatment, care or support stated in the support plan to be treatment, care or support the insurer agrees to, wholly or partly, pay for under this chapter.\n- (i) a treatment, care and support need resulting from the worker’s serious personal injury stated in the support plan to be a need the insurer considers is necessary and reasonable in the circumstances; and\n- (ii) any treatment, care or support resulting from another injury resulting from the same event as the serious personal injury stated in the support plan to be treatment, care or support the insurer considers is necessary and reasonable in the circumstances; and\n- (iii) other treatment, care or support stated in the support plan to be treatment, care or support the insurer agrees to, wholly or partly, pay for under this chapter.\n- (i) a treatment, care and support need resulting from the worker’s serious personal injury stated in the support plan to be a need the insurer considers is necessary and reasonable in the circumstances; and\n- (ii) any treatment, care or support resulting from another injury resulting from the same event as the serious personal injury stated in the support plan to be treatment, care or support the insurer considers is necessary and reasonable in the circumstances; and\n- (iii) other treatment, care or support stated in the support plan to be treatment, care or support the insurer agrees to, wholly or partly, pay for under this chapter.","sortOrder":410},{"sectionNumber":"sec.232J","sectionType":"section","heading":"Meaning of treatment, care and support needs","content":"### sec.232J Meaning of treatment, care and support needs\n\nThe treatment, care and support needs , of a worker who has sustained an injury, are the worker’s needs for, or relating to, 1 or more of the following resulting from the injury—\nmedical treatment;\nhospitalisation;\ndental treatment;\nrehabilitation;\nambulance transportation;\nrespite care;\nattendant care and support services;\naids and appliances, other than ordinary personal or household items;\nan air conditioner, a laptop, linen, a mobile phone, a personal computer or a washing machine\nprosthesis;\neducation or vocational training;\nhome, transport or workplace modification.\ns 232J ins 2016 No. 44 s 30\n- (a) medical treatment;\n- (b) hospitalisation;\n- (c) dental treatment;\n- (d) rehabilitation;\n- (e) ambulance transportation;\n- (f) respite care;\n- (g) attendant care and support services;\n- (h) aids and appliances, other than ordinary personal or household items; Examples of ordinary personal or household items— an air conditioner, a laptop, linen, a mobile phone, a personal computer or a washing machine\n- (i) prosthesis;\n- (j) education or vocational training;\n- (k) home, transport or workplace modification.","sortOrder":411},{"sectionNumber":"sec.232K","sectionType":"section","heading":"Meaning of excluded treatment, care or support","content":"### sec.232K Meaning of excluded treatment, care or support\n\nTreatment, care or support is excluded treatment, care or support if it—\nis provided without charge; or\nfor a child—ordinarily falls within the ordinary costs of raising a child; or\nmust be provided by a registered provider but is provided by a person who, at the time of provision, is not a registered provider; or\nis provided as part of a medical trial or on another experimental basis; or\nis provided by State emergency services, including the Queensland Ambulance Service, Queensland Fire and Rescue or Rural Fire Service Queensland; or\nis prescribed by regulation.\nFor subsection (1) (c) , the following treatment, care or support must be provided by a registered provider—\nattendant care and support services that are personal assistance services or services to assist a person to participate in the community;\nany other treatment, care or support prescribed by regulation.\nHowever, subsection (2) (a) does not apply if the treatment, care or support is being provided to a person at a hospital (whether as an in-patient or an outpatient) as part of the services provided by the hospital.\nIn this section—\nregistered provider , of a service, means an entity registered in the register of providers as a provider of the service.\nregister of providers means the register of providers kept by the Regulator under section 329B .\ns 232K ins 2016 No. 44 s 30\namd 2024 No. 22 s 92 sch 1 ; 2024 No. 40 s 47\n(sec.232K-ssec.1) Treatment, care or support is excluded treatment, care or support if it— is provided without charge; or for a child—ordinarily falls within the ordinary costs of raising a child; or must be provided by a registered provider but is provided by a person who, at the time of provision, is not a registered provider; or is provided as part of a medical trial or on another experimental basis; or is provided by State emergency services, including the Queensland Ambulance Service, Queensland Fire and Rescue or Rural Fire Service Queensland; or is prescribed by regulation.\n(sec.232K-ssec.2) For subsection (1) (c) , the following treatment, care or support must be provided by a registered provider— attendant care and support services that are personal assistance services or services to assist a person to participate in the community; any other treatment, care or support prescribed by regulation.\n(sec.232K-ssec.3) However, subsection (2) (a) does not apply if the treatment, care or support is being provided to a person at a hospital (whether as an in-patient or an outpatient) as part of the services provided by the hospital.\n(sec.232K-ssec.4) In this section— registered provider , of a service, means an entity registered in the register of providers as a provider of the service. register of providers means the register of providers kept by the Regulator under section 329B .\n- (a) is provided without charge; or\n- (b) for a child—ordinarily falls within the ordinary costs of raising a child; or\n- (c) must be provided by a registered provider but is provided by a person who, at the time of provision, is not a registered provider; or\n- (d) is provided as part of a medical trial or on another experimental basis; or\n- (e) is provided by State emergency services, including the Queensland Ambulance Service, Queensland Fire and Rescue or Rural Fire Service Queensland; or\n- (f) is prescribed by regulation.\n- (a) attendant care and support services that are personal assistance services or services to assist a person to participate in the community;\n- (b) any other treatment, care or support prescribed by regulation.","sortOrder":412},{"sectionNumber":"ch.4A-pt.2","sectionType":"part","heading":"Liability for treatment, care and support payments","content":"# Liability for treatment, care and support payments","sortOrder":413},{"sectionNumber":"sec.232L","sectionType":"section","heading":"Insurer’s liability for treatment, care and support payments","content":"### sec.232L Insurer’s liability for treatment, care and support payments\n\nThe insurer must pay for the worker’s treatment, care and support arising from the worker’s injury—\nif the insurer decides, under section 232M , the worker is entitled to treatment, care and support payments for the injury; and\nas provided under this chapter.\nAn eligible worker’s entitlement to treatment, care and support payments applies to treatment, care or support resulting from the worker’s injury provided to the worker during the worker’s eligibility period.\nAn eligible worker’s eligibility period is the period—\nstarting when the insurer decides, under section 232M , the worker is entitled to treatment, care and support payments for the injury; and\nending when the first of the following happens—\nthe worker dies;\nthe worker stops being entitled to treatment, care and support payments for the injury under a provision of this Act.\nHowever, an eligible worker is not entitled to treatment, care and support payments for treatment, care or support provided to the worker in any period for which—\nthe worker’s entitlement to compensation under chapter 3 is suspended under this Act; or\nthe worker’s entitlement to treatment, care and support payments is suspended under section 232ZH .\ns 232L ins 2016 No. 44 s 30\n(sec.232L-ssec.1) The insurer must pay for the worker’s treatment, care and support arising from the worker’s injury— if the insurer decides, under section 232M , the worker is entitled to treatment, care and support payments for the injury; and as provided under this chapter.\n(sec.232L-ssec.2) An eligible worker’s entitlement to treatment, care and support payments applies to treatment, care or support resulting from the worker’s injury provided to the worker during the worker’s eligibility period.\n(sec.232L-ssec.3) An eligible worker’s eligibility period is the period— starting when the insurer decides, under section 232M , the worker is entitled to treatment, care and support payments for the injury; and ending when the first of the following happens— the worker dies; the worker stops being entitled to treatment, care and support payments for the injury under a provision of this Act.\n(sec.232L-ssec.4) However, an eligible worker is not entitled to treatment, care and support payments for treatment, care or support provided to the worker in any period for which— the worker’s entitlement to compensation under chapter 3 is suspended under this Act; or the worker’s entitlement to treatment, care and support payments is suspended under section 232ZH .\n- (a) if the insurer decides, under section 232M , the worker is entitled to treatment, care and support payments for the injury; and\n- (b) as provided under this chapter.\n- (a) starting when the insurer decides, under section 232M , the worker is entitled to treatment, care and support payments for the injury; and\n- (b) ending when the first of the following happens— (i) the worker dies; (ii) the worker stops being entitled to treatment, care and support payments for the injury under a provision of this Act.\n- (i) the worker dies;\n- (ii) the worker stops being entitled to treatment, care and support payments for the injury under a provision of this Act.\n- (i) the worker dies;\n- (ii) the worker stops being entitled to treatment, care and support payments for the injury under a provision of this Act.\n- (a) the worker’s entitlement to compensation under chapter 3 is suspended under this Act; or\n- (b) the worker’s entitlement to treatment, care and support payments is suspended under section 232ZH .","sortOrder":414},{"sectionNumber":"sec.232M","sectionType":"section","heading":"Assessment of entitlement for treatment, care and support payments","content":"### sec.232M Assessment of entitlement for treatment, care and support payments\n\nThe insurer may decide, or the worker may ask the insurer, to have the worker’s injury or injuries assessed to decide whether the worker is entitled to treatment, care and support payments for the injury or injuries.\nThe insurer must decide the worker is entitled to treatment, care and support payments for an injury if the injury—\nis a serious personal injury that meets the criteria (the eligibility criteria ) for the injury prescribed by regulation; or\nresulted from the same event as an injury mentioned in paragraph (a) .\nIf the worker asks for an assessment under subsection (1) , the insurer must ensure the assessment is carried out within 20 business days, or a longer period agreed between the insurer and the worker, after—\nreceiving the request; or\nif the insurer asks the worker for further information to help the insurer carry out the assessment—the day the information is received.\nAfter carrying out an assessment under this section, the insurer must decide—\nthat the worker is entitled to treatment, care and support payments for the worker’s injury or injuries—\nfor an interim period; or\nif the insurer is satisfied the worker’s serious personal injury is likely to continue to meet the eligibility criteria after the interim period ends—for the rest of the worker’s life; or\nthat the worker is not entitled to treatment, care and support payments for the worker’s injury or injuries.\nIf the worker has multiple injuries resulting from the same event, the insurer’s decision under subsection (4) (a) must be made in relation to the worker’s serious personal injury even though the worker may not need treatment, care or support for the other injuries for the whole period decided under the subsection.\nThe insurer must give the worker written notice of the insurer’s decision under subsection (4) within 10 business days after the decision is made.\ns 232M ins 2016 No. 44 s 30\n(sec.232M-ssec.1) The insurer may decide, or the worker may ask the insurer, to have the worker’s injury or injuries assessed to decide whether the worker is entitled to treatment, care and support payments for the injury or injuries.\n(sec.232M-ssec.2) The insurer must decide the worker is entitled to treatment, care and support payments for an injury if the injury— is a serious personal injury that meets the criteria (the eligibility criteria ) for the injury prescribed by regulation; or resulted from the same event as an injury mentioned in paragraph (a) .\n(sec.232M-ssec.3) If the worker asks for an assessment under subsection (1) , the insurer must ensure the assessment is carried out within 20 business days, or a longer period agreed between the insurer and the worker, after— receiving the request; or if the insurer asks the worker for further information to help the insurer carry out the assessment—the day the information is received.\n(sec.232M-ssec.4) After carrying out an assessment under this section, the insurer must decide— that the worker is entitled to treatment, care and support payments for the worker’s injury or injuries— for an interim period; or if the insurer is satisfied the worker’s serious personal injury is likely to continue to meet the eligibility criteria after the interim period ends—for the rest of the worker’s life; or that the worker is not entitled to treatment, care and support payments for the worker’s injury or injuries.\n(sec.232M-ssec.5) If the worker has multiple injuries resulting from the same event, the insurer’s decision under subsection (4) (a) must be made in relation to the worker’s serious personal injury even though the worker may not need treatment, care or support for the other injuries for the whole period decided under the subsection.\n(sec.232M-ssec.6) The insurer must give the worker written notice of the insurer’s decision under subsection (4) within 10 business days after the decision is made.\n- (a) is a serious personal injury that meets the criteria (the eligibility criteria ) for the injury prescribed by regulation; or\n- (b) resulted from the same event as an injury mentioned in paragraph (a) .\n- (a) receiving the request; or\n- (b) if the insurer asks the worker for further information to help the insurer carry out the assessment—the day the information is received.\n- (a) that the worker is entitled to treatment, care and support payments for the worker’s injury or injuries— (i) for an interim period; or (ii) if the insurer is satisfied the worker’s serious personal injury is likely to continue to meet the eligibility criteria after the interim period ends—for the rest of the worker’s life; or\n- (i) for an interim period; or\n- (ii) if the insurer is satisfied the worker’s serious personal injury is likely to continue to meet the eligibility criteria after the interim period ends—for the rest of the worker’s life; or\n- (b) that the worker is not entitled to treatment, care and support payments for the worker’s injury or injuries.\n- (i) for an interim period; or\n- (ii) if the insurer is satisfied the worker’s serious personal injury is likely to continue to meet the eligibility criteria after the interim period ends—for the rest of the worker’s life; or","sortOrder":415},{"sectionNumber":"ch.4A-pt.3","sectionType":"part","heading":"Assessing needs and payment options","content":"# Assessing needs and payment options","sortOrder":416},{"sectionNumber":"ch.4A-pt.3-div.1","sectionType":"division","heading":"Assessing needs","content":"## Assessing needs","sortOrder":417},{"sectionNumber":"sec.232N","sectionType":"section","heading":"Deciding necessary and reasonable treatment, care and support needs","content":"### sec.232N Deciding necessary and reasonable treatment, care and support needs\n\nFor this chapter, an insurer must consider the following matters in deciding whether an eligible worker’s treatment, care and support needs resulting from the worker’s serious personal injury are necessary and reasonable in the circumstances—\nwhether the treatment, care or support for, or relating to, the treatment, care and support needs is excluded treatment, care or support;\nany other matter prescribed by regulation.\ns 232N ins 2016 No. 44 s 30\n- (a) whether the treatment, care or support for, or relating to, the treatment, care and support needs is excluded treatment, care or support;\n- (b) any other matter prescribed by regulation.","sortOrder":418},{"sectionNumber":"sec.232O","sectionType":"section","heading":"Assessing needs and preparing support plan","content":"### sec.232O Assessing needs and preparing support plan\n\nAn insurer must, for an eligible worker—\nassess—\nthe worker’s necessary and reasonable treatment, care and support needs resulting from the worker’s serious personal injury; and\nany necessary and reasonable treatment, care or support needed by the worker for any other injury resulting from the same event as the worker’s serious personal injury; and\nany other treatment, care or support needed by the worker for the worker’s serious personal injury or another injury resulting from the same event as the worker’s serious personal injury; and\nmake a plan (a support plan ) about the worker’s treatment, care and support needs, and any other treatment, care or support needed by the worker, assessed under paragraph (a) ; and\ngive a copy of the support plan to the worker.\nAn assessment under subsection (1) (a) —\nmust be carried out in the way, and at the intervals, prescribed by regulation; and\nmay be carried out at other times the insurer considers appropriate; and\nmay be carried out for the treatment, care or support needed by the worker for a particular period only.\nA support plan made under subsection (1) (b) must comply with the requirements prescribed by regulation.\nAn insurer may amend the worker’s support plan—\nto reflect the outcomes of a further assessment under subsection (1) (a) ; and\nas otherwise provided under this chapter.\nSee sections 232P (6) and 232ZG (2) in relation to amendments of the support plan.\nAn amendment of the worker’s support plan must comply with the requirements prescribed by regulation.\ns 232O ins 2016 No. 44 s 30\n(sec.232O-ssec.1) An insurer must, for an eligible worker— assess— the worker’s necessary and reasonable treatment, care and support needs resulting from the worker’s serious personal injury; and any necessary and reasonable treatment, care or support needed by the worker for any other injury resulting from the same event as the worker’s serious personal injury; and any other treatment, care or support needed by the worker for the worker’s serious personal injury or another injury resulting from the same event as the worker’s serious personal injury; and make a plan (a support plan ) about the worker’s treatment, care and support needs, and any other treatment, care or support needed by the worker, assessed under paragraph (a) ; and give a copy of the support plan to the worker.\n(sec.232O-ssec.2) An assessment under subsection (1) (a) — must be carried out in the way, and at the intervals, prescribed by regulation; and may be carried out at other times the insurer considers appropriate; and may be carried out for the treatment, care or support needed by the worker for a particular period only.\n(sec.232O-ssec.3) A support plan made under subsection (1) (b) must comply with the requirements prescribed by regulation.\n(sec.232O-ssec.4) An insurer may amend the worker’s support plan— to reflect the outcomes of a further assessment under subsection (1) (a) ; and as otherwise provided under this chapter. See sections 232P (6) and 232ZG (2) in relation to amendments of the support plan.\n(sec.232O-ssec.5) An amendment of the worker’s support plan must comply with the requirements prescribed by regulation.\n- (a) assess— (i) the worker’s necessary and reasonable treatment, care and support needs resulting from the worker’s serious personal injury; and (ii) any necessary and reasonable treatment, care or support needed by the worker for any other injury resulting from the same event as the worker’s serious personal injury; and (iii) any other treatment, care or support needed by the worker for the worker’s serious personal injury or another injury resulting from the same event as the worker’s serious personal injury; and\n- (i) the worker’s necessary and reasonable treatment, care and support needs resulting from the worker’s serious personal injury; and\n- (ii) any necessary and reasonable treatment, care or support needed by the worker for any other injury resulting from the same event as the worker’s serious personal injury; and\n- (iii) any other treatment, care or support needed by the worker for the worker’s serious personal injury or another injury resulting from the same event as the worker’s serious personal injury; and\n- (b) make a plan (a support plan ) about the worker’s treatment, care and support needs, and any other treatment, care or support needed by the worker, assessed under paragraph (a) ; and\n- (c) give a copy of the support plan to the worker.\n- (i) the worker’s necessary and reasonable treatment, care and support needs resulting from the worker’s serious personal injury; and\n- (ii) any necessary and reasonable treatment, care or support needed by the worker for any other injury resulting from the same event as the worker’s serious personal injury; and\n- (iii) any other treatment, care or support needed by the worker for the worker’s serious personal injury or another injury resulting from the same event as the worker’s serious personal injury; and\n- (a) must be carried out in the way, and at the intervals, prescribed by regulation; and\n- (b) may be carried out at other times the insurer considers appropriate; and\n- (c) may be carried out for the treatment, care or support needed by the worker for a particular period only.\n- (a) to reflect the outcomes of a further assessment under subsection (1) (a) ; and\n- (b) as otherwise provided under this chapter. Note— See sections 232P (6) and 232ZG (2) in relation to amendments of the support plan.","sortOrder":419},{"sectionNumber":"sec.232P","sectionType":"section","heading":"Deciding service requests","content":"### sec.232P Deciding service requests\n\nAn insurer may approve a written request (a service request ) to pay for particular treatment, care or support (the requested service ) to be provided to an eligible worker in a particular period.\nA service request may be made for an eligible worker—\nbefore or after a support plan is made for the worker; and\nby the worker or the person providing the requested service.\nAn insurer must decide whether to approve, with or without conditions, or refuse a service request within—\n20 business days after the request is received; or\nif, within the period mentioned in paragraph (a) , the insurer asks for further information to help the insurer make the decision—20 business days after the information is received.\nIn deciding whether to approve or refuse a service request, an insurer must consider the matters prescribed by regulation.\nAn insurer must give written notice of the insurer’s decision under subsection (3) to—\nthe person who made the request; and\nif the person who made the request is not the eligible worker—the worker.\nIf an insurer makes a decision about a service request relating to an eligible worker for whom a support plan has been made, the insurer must—\nif the insurer approves the service request, with or without conditions—amend the worker’s support plan to reflect the approval; or\nif the insurer refuses the service request—ensure a copy of the written notice of the decision is attached to the worker’s support plan.\ns 232P ins 2016 No. 44 s 30\n(sec.232P-ssec.1) An insurer may approve a written request (a service request ) to pay for particular treatment, care or support (the requested service ) to be provided to an eligible worker in a particular period.\n(sec.232P-ssec.2) A service request may be made for an eligible worker— before or after a support plan is made for the worker; and by the worker or the person providing the requested service.\n(sec.232P-ssec.3) An insurer must decide whether to approve, with or without conditions, or refuse a service request within— 20 business days after the request is received; or if, within the period mentioned in paragraph (a) , the insurer asks for further information to help the insurer make the decision—20 business days after the information is received.\n(sec.232P-ssec.4) In deciding whether to approve or refuse a service request, an insurer must consider the matters prescribed by regulation.\n(sec.232P-ssec.5) An insurer must give written notice of the insurer’s decision under subsection (3) to— the person who made the request; and if the person who made the request is not the eligible worker—the worker.\n(sec.232P-ssec.6) If an insurer makes a decision about a service request relating to an eligible worker for whom a support plan has been made, the insurer must— if the insurer approves the service request, with or without conditions—amend the worker’s support plan to reflect the approval; or if the insurer refuses the service request—ensure a copy of the written notice of the decision is attached to the worker’s support plan.\n- (a) before or after a support plan is made for the worker; and\n- (b) by the worker or the person providing the requested service.\n- (a) 20 business days after the request is received; or\n- (b) if, within the period mentioned in paragraph (a) , the insurer asks for further information to help the insurer make the decision—20 business days after the information is received.\n- (a) the person who made the request; and\n- (b) if the person who made the request is not the eligible worker—the worker.\n- (a) if the insurer approves the service request, with or without conditions—amend the worker’s support plan to reflect the approval; or\n- (b) if the insurer refuses the service request—ensure a copy of the written notice of the decision is attached to the worker’s support plan.","sortOrder":420},{"sectionNumber":"ch.4A-pt.3-div.2","sectionType":"division","heading":"Payments","content":"## Payments","sortOrder":421},{"sectionNumber":"sec.232Q","sectionType":"section","heading":"Payment options","content":"### sec.232Q Payment options\n\nAn insurer may make treatment, care and support payments for an eligible worker’s injury—\nunder a funding agreement between the insurer and the worker; or\nin response to a payment request by a person who has incurred expenses for the treatment, care or support of the worker resulting from the injury.\nA funding agreement is an agreement between an insurer and an eligible worker for a stated period—\nproviding for the insurer to pay the worker an amount to cover particular expenses to be incurred by the worker or another person, in the period, for the treatment, care or support of the worker; and\nentered into in the circumstances, and for the treatment, care or support, prescribed by regulation; and\nincluding the terms prescribed by regulation.\nA payment request is a written request by a person who has incurred an expense for the treatment, care or support of an eligible worker—\nasking an insurer to pay all or part of the amount of the expense; and\nmade in the circumstances prescribed by regulation.\ns 232Q ins 2016 No. 44 s 30\n(sec.232Q-ssec.1) An insurer may make treatment, care and support payments for an eligible worker’s injury— under a funding agreement between the insurer and the worker; or in response to a payment request by a person who has incurred expenses for the treatment, care or support of the worker resulting from the injury.\n(sec.232Q-ssec.2) A funding agreement is an agreement between an insurer and an eligible worker for a stated period— providing for the insurer to pay the worker an amount to cover particular expenses to be incurred by the worker or another person, in the period, for the treatment, care or support of the worker; and entered into in the circumstances, and for the treatment, care or support, prescribed by regulation; and including the terms prescribed by regulation.\n(sec.232Q-ssec.3) A payment request is a written request by a person who has incurred an expense for the treatment, care or support of an eligible worker— asking an insurer to pay all or part of the amount of the expense; and made in the circumstances prescribed by regulation.\n- (a) under a funding agreement between the insurer and the worker; or\n- (b) in response to a payment request by a person who has incurred expenses for the treatment, care or support of the worker resulting from the injury.\n- (a) providing for the insurer to pay the worker an amount to cover particular expenses to be incurred by the worker or another person, in the period, for the treatment, care or support of the worker; and\n- (b) entered into in the circumstances, and for the treatment, care or support, prescribed by regulation; and\n- (c) including the terms prescribed by regulation.\n- (a) asking an insurer to pay all or part of the amount of the expense; and\n- (b) made in the circumstances prescribed by regulation.","sortOrder":422},{"sectionNumber":"sec.232R","sectionType":"section","heading":"Deciding payment requests","content":"### sec.232R Deciding payment requests\n\nAn insurer must approve or refuse a payment request within—\n20 business days after receiving the request; or\nif, within the period mentioned in paragraph (a) , the insurer asks for further information to help the insurer make the decision—20 business days after the information is received.\nA regulation may prescribe matters about an insurer deciding a payment request.\nIf the insurer approves a payment request, the insurer must pay the amount requested to the person who made the request within 20 business days after approving the request.\nHowever, the insurer is not liable to pay a part of the amount requested in a payment request that exceeds an amount prescribed by regulation for the treatment, care or support.\nIf the insurer refuses the payment request, the insurer must give written notice of the decision to—\nthe person who made the payment request; and\nif the person who made the payment request is not the eligible worker—the eligible worker.\ns 232R ins 2016 No. 44 s 30\n(sec.232R-ssec.1) An insurer must approve or refuse a payment request within— 20 business days after receiving the request; or if, within the period mentioned in paragraph (a) , the insurer asks for further information to help the insurer make the decision—20 business days after the information is received.\n(sec.232R-ssec.2) A regulation may prescribe matters about an insurer deciding a payment request.\n(sec.232R-ssec.3) If the insurer approves a payment request, the insurer must pay the amount requested to the person who made the request within 20 business days after approving the request.\n(sec.232R-ssec.4) However, the insurer is not liable to pay a part of the amount requested in a payment request that exceeds an amount prescribed by regulation for the treatment, care or support.\n(sec.232R-ssec.5) If the insurer refuses the payment request, the insurer must give written notice of the decision to— the person who made the payment request; and if the person who made the payment request is not the eligible worker—the eligible worker.\n- (a) 20 business days after receiving the request; or\n- (b) if, within the period mentioned in paragraph (a) , the insurer asks for further information to help the insurer make the decision—20 business days after the information is received.\n- (a) the person who made the payment request; and\n- (b) if the person who made the payment request is not the eligible worker—the eligible worker.","sortOrder":423},{"sectionNumber":"ch.4A-pt.4","sectionType":"part","heading":"Review of worker’s entitlement","content":"# Review of worker’s entitlement","sortOrder":424},{"sectionNumber":"sec.232S","sectionType":"section","heading":"Review if worker entitled only for interim period","content":"### sec.232S Review if worker entitled only for interim period\n\nThis section applies if an insurer decides, under section 232M , a worker is entitled to treatment, care and support payments for the worker’s injury or injuries for an interim period.\nThe insurer—\nmay review the worker’s entitlement at any time during the interim period; and\nmust review the worker’s entitlement at least once before the end of the interim period.\nA review must be carried out in the way prescribed by regulation.\nAfter carrying out a review and before the interim period ends, the insurer must decide—\nif the insurer is satisfied that the worker’s serious personal injury is likely to continue to meet the eligibility criteria for the injury after the interim period ends—that the worker is entitled to treatment, care and support payments for the worker’s injury or injuries for the rest of the worker’s life; or\notherwise—that the worker’s entitlement to treatment, care and support payments for the worker’s injury or injuries ends—\nwhen the interim period ends; or\nat the start of an earlier day decided by the insurer.\nIf the worker has multiple injuries resulting from the same event, the insurer’s decision under subsection (4) must be made in relation to the worker’s serious personal injury even though the worker may not need treatment, care or support for the other injuries for the rest of the period decided under the subsection.\nWithin 10 business days after making a decision under subsection (4) , the insurer must give the worker written notice of the decision.\nIf the insurer decides the worker’s entitlement to treatment, care and support payments ends at a time mentioned in subsection (4) (b) , the worker stops being entitled to treatment, care and support payments at that time.\ns 232S ins 2016 No. 44 s 30\n(sec.232S-ssec.1) This section applies if an insurer decides, under section 232M , a worker is entitled to treatment, care and support payments for the worker’s injury or injuries for an interim period.\n(sec.232S-ssec.2) The insurer— may review the worker’s entitlement at any time during the interim period; and must review the worker’s entitlement at least once before the end of the interim period.\n(sec.232S-ssec.3) A review must be carried out in the way prescribed by regulation.\n(sec.232S-ssec.4) After carrying out a review and before the interim period ends, the insurer must decide— if the insurer is satisfied that the worker’s serious personal injury is likely to continue to meet the eligibility criteria for the injury after the interim period ends—that the worker is entitled to treatment, care and support payments for the worker’s injury or injuries for the rest of the worker’s life; or otherwise—that the worker’s entitlement to treatment, care and support payments for the worker’s injury or injuries ends— when the interim period ends; or at the start of an earlier day decided by the insurer.\n(sec.232S-ssec.5) If the worker has multiple injuries resulting from the same event, the insurer’s decision under subsection (4) must be made in relation to the worker’s serious personal injury even though the worker may not need treatment, care or support for the other injuries for the rest of the period decided under the subsection.\n(sec.232S-ssec.6) Within 10 business days after making a decision under subsection (4) , the insurer must give the worker written notice of the decision.\n(sec.232S-ssec.7) If the insurer decides the worker’s entitlement to treatment, care and support payments ends at a time mentioned in subsection (4) (b) , the worker stops being entitled to treatment, care and support payments at that time.\n- (a) may review the worker’s entitlement at any time during the interim period; and\n- (b) must review the worker’s entitlement at least once before the end of the interim period.\n- (a) if the insurer is satisfied that the worker’s serious personal injury is likely to continue to meet the eligibility criteria for the injury after the interim period ends—that the worker is entitled to treatment, care and support payments for the worker’s injury or injuries for the rest of the worker’s life; or\n- (b) otherwise—that the worker’s entitlement to treatment, care and support payments for the worker’s injury or injuries ends— (i) when the interim period ends; or (ii) at the start of an earlier day decided by the insurer.\n- (i) when the interim period ends; or\n- (ii) at the start of an earlier day decided by the insurer.\n- (i) when the interim period ends; or\n- (ii) at the start of an earlier day decided by the insurer.","sortOrder":425},{"sectionNumber":"ch.4A-pt.5","sectionType":"part","heading":"Relationship with treatment, care and support damages","content":"# Relationship with treatment, care and support damages","sortOrder":426},{"sectionNumber":"ch.4A-pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":427},{"sectionNumber":"sec.232T","sectionType":"section","heading":"Application of part","content":"### sec.232T Application of part\n\nThis part applies if an eligible worker may seek treatment, care and support damages for the worker’s injury.\nSection 235 applies to the provisions of this part as if they were provisions of chapter 5 .\ns 232T ins 2016 No. 44 s 30\n(sec.232T-ssec.1) This part applies if an eligible worker may seek treatment, care and support damages for the worker’s injury.\n(sec.232T-ssec.2) Section 235 applies to the provisions of this part as if they were provisions of chapter 5 .","sortOrder":428},{"sectionNumber":"sec.232U","sectionType":"section","heading":"Definitions for part","content":"### sec.232U Definitions for part\n\nIn this part—\naccept , for awarded treatment, care and support damages, means accept by written notice given to the insurer.\nacceptance period , for awarded treatment, care and support damages, means—\nif the damages are awarded under a judgment or settlement that must, under another Act, be sanctioned by a court or the public trustee—the period of 10 business days after the sanction is given; or\nif the damages are awarded under a judgment and paragraph (a) does not apply—the period of 10 business days after the period for lodging an appeal against the judgment ends; or\nif the damages are awarded under a settlement and paragraph (a) does not apply—the period of 10 business days after the settlement is made.\nawarded , in relation to treatment, care and support damages, means awarded under a judgment or settlement for a claim for damages.\nelect , in relation to a worker seeking treatment, care and support damages for the worker’s injury, means elect in a notice of claim under section 275 for the injury.\nperson under a legal disability means—\na child; or\na person with impaired capacity for a matter within the meaning of the Guardianship and Administration Act 2000 .\ns 232U ins 2016 No. 44 s 30\n- (a) if the damages are awarded under a judgment or settlement that must, under another Act, be sanctioned by a court or the public trustee—the period of 10 business days after the sanction is given; or\n- (b) if the damages are awarded under a judgment and paragraph (a) does not apply—the period of 10 business days after the period for lodging an appeal against the judgment ends; or\n- (c) if the damages are awarded under a settlement and paragraph (a) does not apply—the period of 10 business days after the settlement is made.\n- (a) a child; or\n- (b) a person with impaired capacity for a matter within the meaning of the Guardianship and Administration Act 2000 .","sortOrder":429},{"sectionNumber":"ch.4A-pt.5-div.2","sectionType":"division","heading":"Election to seek treatment, care and support damages","content":"## Election to seek treatment, care and support damages","sortOrder":430},{"sectionNumber":"sec.232V","sectionType":"section","heading":"Worker must make election","content":"### sec.232V Worker must make election\n\nIf the worker makes a claim for damages under chapter 5 for the worker’s injury, the worker must state in the notice of claim given under section 275 whether or not the worker elects to seek treatment, care and support damages for the injury.\nIf the worker is entitled to treatment, care and support payments for multiple injuries resulting from the same event, the worker must make the same election under subsection (1) for all the injuries.\nIf the worker does not elect to seek treatment, care and support damages for the worker’s injury, or the election is taken not to have been made under section 232W , the worker is not entitled to seek treatment, care and support damages for the injury.\ns 232V ins 2016 No. 44 s 30\n(sec.232V-ssec.1) If the worker makes a claim for damages under chapter 5 for the worker’s injury, the worker must state in the notice of claim given under section 275 whether or not the worker elects to seek treatment, care and support damages for the injury.\n(sec.232V-ssec.2) If the worker is entitled to treatment, care and support payments for multiple injuries resulting from the same event, the worker must make the same election under subsection (1) for all the injuries.\n(sec.232V-ssec.3) If the worker does not elect to seek treatment, care and support damages for the worker’s injury, or the election is taken not to have been made under section 232W , the worker is not entitled to seek treatment, care and support damages for the injury.","sortOrder":431},{"sectionNumber":"sec.232W","sectionType":"section","heading":"When election of no effect","content":"### sec.232W When election of no effect\n\nThis section applies if—\nthe worker elects to seek treatment, care and support damages for the worker’s injury; and\nany of the following happens—\na court decides, under section 232X , not to sanction the election;\na court makes an order, under section 232Y , preventing the worker from being awarded treatment, care and support damages for the injury;\na court decides, or the worker and insurer agree by way of settlement, that—\nthe worker is guilty of contributory negligence in relation to the claim for damages; and\nthe damages the worker would otherwise be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by 50% or more.\nThe election is taken not to have been made.\ns 232W ins 2016 No. 44 s 30\n(sec.232W-ssec.1) This section applies if— the worker elects to seek treatment, care and support damages for the worker’s injury; and any of the following happens— a court decides, under section 232X , not to sanction the election; a court makes an order, under section 232Y , preventing the worker from being awarded treatment, care and support damages for the injury; a court decides, or the worker and insurer agree by way of settlement, that— the worker is guilty of contributory negligence in relation to the claim for damages; and the damages the worker would otherwise be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by 50% or more.\n(sec.232W-ssec.2) The election is taken not to have been made.\n- (a) the worker elects to seek treatment, care and support damages for the worker’s injury; and\n- (b) any of the following happens— (i) a court decides, under section 232X , not to sanction the election; (ii) a court makes an order, under section 232Y , preventing the worker from being awarded treatment, care and support damages for the injury; (iii) a court decides, or the worker and insurer agree by way of settlement, that— (A) the worker is guilty of contributory negligence in relation to the claim for damages; and (B) the damages the worker would otherwise be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by 50% or more.\n- (i) a court decides, under section 232X , not to sanction the election;\n- (ii) a court makes an order, under section 232Y , preventing the worker from being awarded treatment, care and support damages for the injury;\n- (iii) a court decides, or the worker and insurer agree by way of settlement, that— (A) the worker is guilty of contributory negligence in relation to the claim for damages; and (B) the damages the worker would otherwise be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by 50% or more.\n- (A) the worker is guilty of contributory negligence in relation to the claim for damages; and\n- (B) the damages the worker would otherwise be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by 50% or more.\n- (i) a court decides, under section 232X , not to sanction the election;\n- (ii) a court makes an order, under section 232Y , preventing the worker from being awarded treatment, care and support damages for the injury;\n- (iii) a court decides, or the worker and insurer agree by way of settlement, that— (A) the worker is guilty of contributory negligence in relation to the claim for damages; and (B) the damages the worker would otherwise be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by 50% or more.\n- (A) the worker is guilty of contributory negligence in relation to the claim for damages; and\n- (B) the damages the worker would otherwise be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by 50% or more.\n- (A) the worker is guilty of contributory negligence in relation to the claim for damages; and\n- (B) the damages the worker would otherwise be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by 50% or more.","sortOrder":432},{"sectionNumber":"sec.232X","sectionType":"section","heading":"Court sanction for election by worker under legal disability","content":"### sec.232X Court sanction for election by worker under legal disability\n\nIf the worker elects to seek treatment, care and support damages for the worker’s injury and the insurer considers the worker is a person under a legal disability, the insurer must apply to the court for an order sanctioning the notice.\nSubsections (3) to (5) apply if the court considers the worker is a person under a legal disability.\nThe court—\nmust decide whether or not to sanction the election; and\nmay order that the worker, or a person acting for the worker, amend the notice of claim to remove the election; and\nmay make any other order the court considers appropriate.\nIn deciding whether to make an order under subsection (3) , the court—\nmust consider the worker’s likely legal costs relating to the claim for damages; and\nmay consider any other matter the court considers relevant.\nIf the worker is an adult, the court may exercise all the powers of QCAT under the Guardianship and Administration Act 2000 , chapter 3 .\nIf the court exercises a power mentioned in subsection (5) , the Guardianship and Administration Act 2000 , section 245 (3) to (6) applies in relation to the exercise of the power as if the court were acting under section 245 (2) of that Act.\nThis section is subject to section 232Y .\nIn this section—\ncourt means—\nif a proceeding for the claim for damages has been brought in the District Court or the Supreme Court—the court hearing the proceeding; or\notherwise—the District Court or the Supreme Court.\ns 232X ins 2016 No. 44 s 30\n(sec.232X-ssec.1) If the worker elects to seek treatment, care and support damages for the worker’s injury and the insurer considers the worker is a person under a legal disability, the insurer must apply to the court for an order sanctioning the notice.\n(sec.232X-ssec.2) Subsections (3) to (5) apply if the court considers the worker is a person under a legal disability.\n(sec.232X-ssec.3) The court— must decide whether or not to sanction the election; and may order that the worker, or a person acting for the worker, amend the notice of claim to remove the election; and may make any other order the court considers appropriate.\n(sec.232X-ssec.4) In deciding whether to make an order under subsection (3) , the court— must consider the worker’s likely legal costs relating to the claim for damages; and may consider any other matter the court considers relevant.\n(sec.232X-ssec.5) If the worker is an adult, the court may exercise all the powers of QCAT under the Guardianship and Administration Act 2000 , chapter 3 .\n(sec.232X-ssec.6) If the court exercises a power mentioned in subsection (5) , the Guardianship and Administration Act 2000 , section 245 (3) to (6) applies in relation to the exercise of the power as if the court were acting under section 245 (2) of that Act.\n(sec.232X-ssec.7) This section is subject to section 232Y .\n(sec.232X-ssec.8) In this section— court means— if a proceeding for the claim for damages has been brought in the District Court or the Supreme Court—the court hearing the proceeding; or otherwise—the District Court or the Supreme Court.\n- (a) must decide whether or not to sanction the election; and\n- (b) may order that the worker, or a person acting for the worker, amend the notice of claim to remove the election; and\n- (c) may make any other order the court considers appropriate.\n- (a) must consider the worker’s likely legal costs relating to the claim for damages; and\n- (b) may consider any other matter the court considers relevant.\n- (a) if a proceeding for the claim for damages has been brought in the District Court or the Supreme Court—the court hearing the proceeding; or\n- (b) otherwise—the District Court or the Supreme Court.","sortOrder":433},{"sectionNumber":"sec.232Y","sectionType":"section","heading":"Court order preventing election to seek treatment, care and support damages","content":"### sec.232Y Court order preventing election to seek treatment, care and support damages\n\nThe insurer may apply to the court for an order preventing the worker from being awarded treatment, care and support damages for the worker’s injury.\nAn application under subsection (1) may be made whether or not the worker has made an election to seek treatment, care and support damages for the injury.\nThe worker is the respondent to the application.\nIn deciding whether to make the order, the court—\nmust consider the worker’s ability to manage an award of treatment, care and support damages in a way that will not compromise the worker’s—\nprospects of improvement or rehabilitation; or\nfuture health and wellbeing; and\nmust consider whether the worker is a person under a legal disability; and\nmust consider the worker’s likely legal costs relating to the claim for damages; and\nmay consider any other matter the court considers relevant.\nIf the court makes the order—\nthe worker may not elect to seek treatment, care and support damages for the injury; and\nany election to seek treatment, care and support damages for the injury made by the worker is taken not to have been made.\nIf the worker is an adult, the court may exercise all the powers of QCAT under the Guardianship and Administration Act 2000 , chapter 3 .\nIf the court exercises a power mentioned in subsection (6) , the Guardianship and Administration Act 2000 , section 245 (3) to (6) applies in relation to the exercise of the power as if the court were acting under section 245 (2) of that Act.\nIn this section—\ncourt means—\nif a proceeding for the claim for damages has been brought in the District Court or the Supreme Court—the court hearing the proceeding; or\notherwise—the District Court or the Supreme Court.\ns 232Y ins 2016 No. 44 s 30\n(sec.232Y-ssec.1) The insurer may apply to the court for an order preventing the worker from being awarded treatment, care and support damages for the worker’s injury.\n(sec.232Y-ssec.2) An application under subsection (1) may be made whether or not the worker has made an election to seek treatment, care and support damages for the injury.\n(sec.232Y-ssec.3) The worker is the respondent to the application.\n(sec.232Y-ssec.4) In deciding whether to make the order, the court— must consider the worker’s ability to manage an award of treatment, care and support damages in a way that will not compromise the worker’s— prospects of improvement or rehabilitation; or future health and wellbeing; and must consider whether the worker is a person under a legal disability; and must consider the worker’s likely legal costs relating to the claim for damages; and may consider any other matter the court considers relevant.\n(sec.232Y-ssec.5) If the court makes the order— the worker may not elect to seek treatment, care and support damages for the injury; and any election to seek treatment, care and support damages for the injury made by the worker is taken not to have been made.\n(sec.232Y-ssec.6) If the worker is an adult, the court may exercise all the powers of QCAT under the Guardianship and Administration Act 2000 , chapter 3 .\n(sec.232Y-ssec.7) If the court exercises a power mentioned in subsection (6) , the Guardianship and Administration Act 2000 , section 245 (3) to (6) applies in relation to the exercise of the power as if the court were acting under section 245 (2) of that Act.\n(sec.232Y-ssec.8) In this section— court means— if a proceeding for the claim for damages has been brought in the District Court or the Supreme Court—the court hearing the proceeding; or otherwise—the District Court or the Supreme Court.\n- (a) must consider the worker’s ability to manage an award of treatment, care and support damages in a way that will not compromise the worker’s— (i) prospects of improvement or rehabilitation; or (ii) future health and wellbeing; and\n- (i) prospects of improvement or rehabilitation; or\n- (ii) future health and wellbeing; and\n- (b) must consider whether the worker is a person under a legal disability; and\n- (c) must consider the worker’s likely legal costs relating to the claim for damages; and\n- (d) may consider any other matter the court considers relevant.\n- (i) prospects of improvement or rehabilitation; or\n- (ii) future health and wellbeing; and\n- (a) the worker may not elect to seek treatment, care and support damages for the injury; and\n- (b) any election to seek treatment, care and support damages for the injury made by the worker is taken not to have been made.\n- (a) if a proceeding for the claim for damages has been brought in the District Court or the Supreme Court—the court hearing the proceeding; or\n- (b) otherwise—the District Court or the Supreme Court.","sortOrder":434},{"sectionNumber":"ch.4A-pt.5-div.3","sectionType":"division","heading":"Worker’s entitlement to treatment, care and support payments","content":"## Worker’s entitlement to treatment, care and support payments","sortOrder":435},{"sectionNumber":"sec.232Z","sectionType":"section","heading":"Worker does not elect to seek treatment, care and support damages","content":"### sec.232Z Worker does not elect to seek treatment, care and support damages\n\nThis section applies if the worker does not elect to seek treatment, care and support damages for the worker’s injury.\nThe worker’s entitlement to treatment, care and support payments for the worker’s injury continues for the remaining eligibility period for the worker.\ns 232Z ins 2016 No. 44 s 30\n(sec.232Z-ssec.1) This section applies if the worker does not elect to seek treatment, care and support damages for the worker’s injury.\n(sec.232Z-ssec.2) The worker’s entitlement to treatment, care and support payments for the worker’s injury continues for the remaining eligibility period for the worker.","sortOrder":436},{"sectionNumber":"sec.232ZA","sectionType":"section","heading":"Worker entitled for interim period elects to seek treatment, care and support damages","content":"### sec.232ZA Worker entitled for interim period elects to seek treatment, care and support damages\n\nThis section applies if the worker—\nis an eligible worker for the worker’s injury only for an interim period; and\nelects to seek treatment, care and support damages for the injury.\nJudgment for damages for the injury can not be awarded, and settlement for damages for the injury can not be agreed, until the first of the following happens—\nthe interim period ends;\nthe insurer decides, under section 232S , the worker is entitled to treatment, care and support payments for the injury for the rest of the worker’s life;\nthe worker stops being entitled to treatment, care and support payments under section 232S (7) or another provision of this Act.\ns 232ZA ins 2016 No. 44 s 30\n(sec.232ZA-ssec.1) This section applies if the worker— is an eligible worker for the worker’s injury only for an interim period; and elects to seek treatment, care and support damages for the injury.\n(sec.232ZA-ssec.2) Judgment for damages for the injury can not be awarded, and settlement for damages for the injury can not be agreed, until the first of the following happens— the interim period ends; the insurer decides, under section 232S , the worker is entitled to treatment, care and support payments for the injury for the rest of the worker’s life; the worker stops being entitled to treatment, care and support payments under section 232S (7) or another provision of this Act.\n- (a) is an eligible worker for the worker’s injury only for an interim period; and\n- (b) elects to seek treatment, care and support damages for the injury.\n- (a) the interim period ends;\n- (b) the insurer decides, under section 232S , the worker is entitled to treatment, care and support payments for the injury for the rest of the worker’s life;\n- (c) the worker stops being entitled to treatment, care and support payments under section 232S (7) or another provision of this Act.","sortOrder":437},{"sectionNumber":"sec.232ZB","sectionType":"section","heading":"Worker entitled for life elects to seek treatment, care and support damages—damages not awarded or not accepted","content":"### sec.232ZB Worker entitled for life elects to seek treatment, care and support damages—damages not awarded or not accepted\n\nThis section applies if the worker—\nis an eligible worker for the worker’s injury for the rest of the worker’s life; and\nelects to seek treatment, care and support damages for the injury; and\neither—\nis awarded damages for the injury that do not include treatment, care and support damages; or\nis awarded treatment, care and support damages for the injury, but the worker does not accept the awarded treatment, care and support damages within the acceptance period.\nThe worker’s entitlement to treatment, care and support payments for the worker’s injury continues for the remaining eligibility period for the worker.\nIf subsection (1) (c) (ii) applies, despite the judgment or the terms of the settlement for the claim for damages, neither the insurer nor the employer is liable to pay the amount of the awarded treatment, care and support damages.\ns 232ZB ins 2016 No. 44 s 30\n(sec.232ZB-ssec.1) This section applies if the worker— is an eligible worker for the worker’s injury for the rest of the worker’s life; and elects to seek treatment, care and support damages for the injury; and either— is awarded damages for the injury that do not include treatment, care and support damages; or is awarded treatment, care and support damages for the injury, but the worker does not accept the awarded treatment, care and support damages within the acceptance period.\n(sec.232ZB-ssec.2) The worker’s entitlement to treatment, care and support payments for the worker’s injury continues for the remaining eligibility period for the worker.\n(sec.232ZB-ssec.3) If subsection (1) (c) (ii) applies, despite the judgment or the terms of the settlement for the claim for damages, neither the insurer nor the employer is liable to pay the amount of the awarded treatment, care and support damages.\n- (a) is an eligible worker for the worker’s injury for the rest of the worker’s life; and\n- (b) elects to seek treatment, care and support damages for the injury; and\n- (c) either— (i) is awarded damages for the injury that do not include treatment, care and support damages; or (ii) is awarded treatment, care and support damages for the injury, but the worker does not accept the awarded treatment, care and support damages within the acceptance period.\n- (i) is awarded damages for the injury that do not include treatment, care and support damages; or\n- (ii) is awarded treatment, care and support damages for the injury, but the worker does not accept the awarded treatment, care and support damages within the acceptance period.\n- (i) is awarded damages for the injury that do not include treatment, care and support damages; or\n- (ii) is awarded treatment, care and support damages for the injury, but the worker does not accept the awarded treatment, care and support damages within the acceptance period.","sortOrder":438},{"sectionNumber":"sec.232ZC","sectionType":"section","heading":"Worker entitled for life elects to seek treatment, care and support damages—damages awarded and accepted","content":"### sec.232ZC Worker entitled for life elects to seek treatment, care and support damages—damages awarded and accepted\n\nThis section applies if the worker—\nis an eligible worker for the worker’s injury for the rest of the worker’s life; and\nelects to seek treatment, care and support damages for the injury; and\nis awarded treatment, care and support damages for the injury; and\naccepts the awarded treatment, care and support damages within the acceptance period.\nThe worker’s entitlement to treatment, care and support payments for the worker’s injury continues until the awarded treatment, care and support damages are accepted by the worker, at which time the worker’s entitlement to treatment, care and support payments for the injury stops.\nSee section 270 for what happens when treatment, care and support damages for an injury are awarded to a worker who has received treatment, care and support payments for the injury.\ns 232ZC ins 2016 No. 44 s 30\n(sec.232ZC-ssec.1) This section applies if the worker— is an eligible worker for the worker’s injury for the rest of the worker’s life; and elects to seek treatment, care and support damages for the injury; and is awarded treatment, care and support damages for the injury; and accepts the awarded treatment, care and support damages within the acceptance period.\n(sec.232ZC-ssec.2) The worker’s entitlement to treatment, care and support payments for the worker’s injury continues until the awarded treatment, care and support damages are accepted by the worker, at which time the worker’s entitlement to treatment, care and support payments for the injury stops. See section 270 for what happens when treatment, care and support damages for an injury are awarded to a worker who has received treatment, care and support payments for the injury.\n- (a) is an eligible worker for the worker’s injury for the rest of the worker’s life; and\n- (b) elects to seek treatment, care and support damages for the injury; and\n- (c) is awarded treatment, care and support damages for the injury; and\n- (d) accepts the awarded treatment, care and support damages within the acceptance period.","sortOrder":439},{"sectionNumber":"sec.232ZD","sectionType":"section","heading":"Additional payments if treatment, care and support damages insufficient","content":"### sec.232ZD Additional payments if treatment, care and support damages insufficient\n\nThis section applies if—\nthe worker accepted treatment, care and support damages awarded for the worker’s injury within the acceptance period; and\nthe period, of at least 5 years, prescribed by regulation has passed since the worker accepted the awarded treatment, care and support damages; and\nthe worker considers the amount of awarded treatment, care and support damages is not sufficient to meet the worker’s necessary and reasonable treatment, care and support needs resulting from the injury.\nThe worker may apply to the insurer for treatment, care and support payments for the injury.\nThe insurer may accept liability to make treatment, care and support payments to the worker if the insurer is satisfied the amount of awarded treatment, care and support damages is not sufficient to meet the worker’s necessary and reasonable treatment, care and support needs resulting from the worker’s serious personal injury.\nIn deciding whether to accept liability to make treatment, care and support payments to the worker, the insurer must have regard to the matters prescribed by regulation.\nThe insurer must decide to accept or not accept liability to make treatment, care and support payments to the worker within 20 business days after the application is made.\nThe insurer must give the worker written notice of the insurer’s decision.\nIn this section, a reference to the amount of awarded treatment, care and support damages includes the amount of treatment, care and support payments paid under section 232ZC (2) until the damages were accepted by the worker.\nIf the insurer accepts liability to make treatment, care and support payments for the worker’s injury under this section—\nthe worker is entitled to treatment, care and support payments for treatment, care or support resulting from the injury provided during the period—\nstarting on the day the insurer decides to accept the liability; and\nending when the first of the following happens—\nthe worker dies;\nthe worker’s entitlement to treatment, care and support payments ends under another provision of this Act; and\nparts 3 and 6 apply to the worker’s entitlement to treatment, care and support payments, and for that purpose—\nthe worker is an eligible worker; and\nthe worker’s eligibility period is the period mentioned in paragraph (a) .\ns 232ZD ins 2016 No. 44 s 30\n(sec.232ZD-ssec.1) This section applies if— the worker accepted treatment, care and support damages awarded for the worker’s injury within the acceptance period; and the period, of at least 5 years, prescribed by regulation has passed since the worker accepted the awarded treatment, care and support damages; and the worker considers the amount of awarded treatment, care and support damages is not sufficient to meet the worker’s necessary and reasonable treatment, care and support needs resulting from the injury.\n(sec.232ZD-ssec.2) The worker may apply to the insurer for treatment, care and support payments for the injury.\n(sec.232ZD-ssec.3) The insurer may accept liability to make treatment, care and support payments to the worker if the insurer is satisfied the amount of awarded treatment, care and support damages is not sufficient to meet the worker’s necessary and reasonable treatment, care and support needs resulting from the worker’s serious personal injury.\n(sec.232ZD-ssec.4) In deciding whether to accept liability to make treatment, care and support payments to the worker, the insurer must have regard to the matters prescribed by regulation.\n(sec.232ZD-ssec.5) The insurer must decide to accept or not accept liability to make treatment, care and support payments to the worker within 20 business days after the application is made.\n(sec.232ZD-ssec.6) The insurer must give the worker written notice of the insurer’s decision.\n(sec.232ZD-ssec.7) In this section, a reference to the amount of awarded treatment, care and support damages includes the amount of treatment, care and support payments paid under section 232ZC (2) until the damages were accepted by the worker.\n(sec.232ZD-ssec.8) If the insurer accepts liability to make treatment, care and support payments for the worker’s injury under this section— the worker is entitled to treatment, care and support payments for treatment, care or support resulting from the injury provided during the period— starting on the day the insurer decides to accept the liability; and ending when the first of the following happens— the worker dies; the worker’s entitlement to treatment, care and support payments ends under another provision of this Act; and parts 3 and 6 apply to the worker’s entitlement to treatment, care and support payments, and for that purpose— the worker is an eligible worker; and the worker’s eligibility period is the period mentioned in paragraph (a) .\n- (a) the worker accepted treatment, care and support damages awarded for the worker’s injury within the acceptance period; and\n- (b) the period, of at least 5 years, prescribed by regulation has passed since the worker accepted the awarded treatment, care and support damages; and\n- (c) the worker considers the amount of awarded treatment, care and support damages is not sufficient to meet the worker’s necessary and reasonable treatment, care and support needs resulting from the injury.\n- (a) the worker is entitled to treatment, care and support payments for treatment, care or support resulting from the injury provided during the period— (i) starting on the day the insurer decides to accept the liability; and (ii) ending when the first of the following happens— (A) the worker dies; (B) the worker’s entitlement to treatment, care and support payments ends under another provision of this Act; and\n- (i) starting on the day the insurer decides to accept the liability; and\n- (ii) ending when the first of the following happens— (A) the worker dies; (B) the worker’s entitlement to treatment, care and support payments ends under another provision of this Act; and\n- (A) the worker dies;\n- (B) the worker’s entitlement to treatment, care and support payments ends under another provision of this Act; and\n- (b) parts 3 and 6 apply to the worker’s entitlement to treatment, care and support payments, and for that purpose— (i) the worker is an eligible worker; and (ii) the worker’s eligibility period is the period mentioned in paragraph (a) .\n- (i) the worker is an eligible worker; and\n- (ii) the worker’s eligibility period is the period mentioned in paragraph (a) .\n- (i) starting on the day the insurer decides to accept the liability; and\n- (ii) ending when the first of the following happens— (A) the worker dies; (B) the worker’s entitlement to treatment, care and support payments ends under another provision of this Act; and\n- (A) the worker dies;\n- (B) the worker’s entitlement to treatment, care and support payments ends under another provision of this Act; and\n- (A) the worker dies;\n- (B) the worker’s entitlement to treatment, care and support payments ends under another provision of this Act; and\n- (i) the worker is an eligible worker; and\n- (ii) the worker’s eligibility period is the period mentioned in paragraph (a) .","sortOrder":440},{"sectionNumber":"ch.4A-pt.6","sectionType":"part","heading":"Recipient absent from Australia","content":"# Recipient absent from Australia","sortOrder":441},{"sectionNumber":"sec.232ZE","sectionType":"section","heading":"Application of part","content":"### sec.232ZE Application of part\n\nThis part applies to an eligible worker if—\nthe worker leaves Australia; and\nwhile the worker is absent from Australia, expenses are, or are likely to be, incurred by or for the worker for the worker’s treatment, care or support; and\nthe insurer did not, in deciding the approved services for the worker, consider the need for treatment, care or support to be provided outside Australia as a result of the worker’s absence.\ns 232ZE ins 2016 No. 44 s 30\n- (a) the worker leaves Australia; and\n- (b) while the worker is absent from Australia, expenses are, or are likely to be, incurred by or for the worker for the worker’s treatment, care or support; and\n- (c) the insurer did not, in deciding the approved services for the worker, consider the need for treatment, care or support to be provided outside Australia as a result of the worker’s absence.","sortOrder":442},{"sectionNumber":"sec.232ZF","sectionType":"section","heading":"Worker must notify insurer of absence","content":"### sec.232ZF Worker must notify insurer of absence\n\nAt least 1 month before leaving Australia, the worker must give written notice of the absence to the insurer, unless the worker has a reasonable excuse.\nMaximum penalty—10 penalty units.\nThe notice must state—\nthe day the worker intends to leave Australia; and\nif the worker intends to return to Australia—the day the worker intends to return; and\nthe worker’s address while outside Australia; and\nany treatment, care or support to be provided outside Australia that the worker wants the insurer to pay for.\nHowever, this section does not apply if, before the worker leaves Australia, a service request is made, or a funding agreement is entered into, for the treatment, care or support to be provided to the worker outside Australia.\ns 232ZF ins 2016 No. 44 s 30\n(sec.232ZF-ssec.1) At least 1 month before leaving Australia, the worker must give written notice of the absence to the insurer, unless the worker has a reasonable excuse. Maximum penalty—10 penalty units.\n(sec.232ZF-ssec.2) The notice must state— the day the worker intends to leave Australia; and if the worker intends to return to Australia—the day the worker intends to return; and the worker’s address while outside Australia; and any treatment, care or support to be provided outside Australia that the worker wants the insurer to pay for.\n(sec.232ZF-ssec.3) However, this section does not apply if, before the worker leaves Australia, a service request is made, or a funding agreement is entered into, for the treatment, care or support to be provided to the worker outside Australia.\n- (a) the day the worker intends to leave Australia; and\n- (b) if the worker intends to return to Australia—the day the worker intends to return; and\n- (c) the worker’s address while outside Australia; and\n- (d) any treatment, care or support to be provided outside Australia that the worker wants the insurer to pay for.","sortOrder":443},{"sectionNumber":"sec.232ZG","sectionType":"section","heading":"Reviewing support plan or service request approval","content":"### sec.232ZG Reviewing support plan or service request approval\n\nThis section applies if—\na support plan has been made for the worker; or\na support plan has not been made for the worker, but a service request relating to the worker has been approved.\nTo the extent the support plan or approved service request relates to the period the worker is, or intends to be, absent from Australia, the insurer may—\nreview the plan or approval; and\nmake any amendments to the plan or approval the insurer considers appropriate.\nWithout limiting subsection (2) , the insurer may amend the approved services for the worker by—\nremoving or rescheduling any treatment, care or support that is to be provided in Australia while the worker is absent from Australia; or\nincluding any treatment, care or support that is to be provided outside Australia while the worker is absent from Australia, if the insurer considers the treatment, care or support should be, wholly or partly, paid for under this chapter, having regard to the following matters—\nthe length of the absence;\nwhether the treatment, care or support is to be, or could be, provided or funded in another way during the absence;\nwhether the treatment, care or support is excluded treatment, care or support;\nany other matter the insurer considers relevant.\nHowever, the insurer may amend the approved services to include treatment, care or support that is to be provided outside Australia only if a service request has not been made for the treatment, care or support.\nIf the insurer decides to amend the support plan, or the approved service request, the insurer must, within 10 business days of making the decision, give the worker a copy of the amended plan or approval.\nTo remove any doubt, it is declared that the insurer is not required to carry out an assessment under section 232O (1) (a) before amending a support plan under this section.\ns 232ZG ins 2016 No. 44 s 30\n(sec.232ZG-ssec.1) This section applies if— a support plan has been made for the worker; or a support plan has not been made for the worker, but a service request relating to the worker has been approved.\n(sec.232ZG-ssec.2) To the extent the support plan or approved service request relates to the period the worker is, or intends to be, absent from Australia, the insurer may— review the plan or approval; and make any amendments to the plan or approval the insurer considers appropriate.\n(sec.232ZG-ssec.3) Without limiting subsection (2) , the insurer may amend the approved services for the worker by— removing or rescheduling any treatment, care or support that is to be provided in Australia while the worker is absent from Australia; or including any treatment, care or support that is to be provided outside Australia while the worker is absent from Australia, if the insurer considers the treatment, care or support should be, wholly or partly, paid for under this chapter, having regard to the following matters— the length of the absence; whether the treatment, care or support is to be, or could be, provided or funded in another way during the absence; whether the treatment, care or support is excluded treatment, care or support; any other matter the insurer considers relevant.\n(sec.232ZG-ssec.4) However, the insurer may amend the approved services to include treatment, care or support that is to be provided outside Australia only if a service request has not been made for the treatment, care or support.\n(sec.232ZG-ssec.5) If the insurer decides to amend the support plan, or the approved service request, the insurer must, within 10 business days of making the decision, give the worker a copy of the amended plan or approval.\n(sec.232ZG-ssec.6) To remove any doubt, it is declared that the insurer is not required to carry out an assessment under section 232O (1) (a) before amending a support plan under this section.\n- (a) a support plan has been made for the worker; or\n- (b) a support plan has not been made for the worker, but a service request relating to the worker has been approved.\n- (a) review the plan or approval; and\n- (b) make any amendments to the plan or approval the insurer considers appropriate.\n- (a) removing or rescheduling any treatment, care or support that is to be provided in Australia while the worker is absent from Australia; or\n- (b) including any treatment, care or support that is to be provided outside Australia while the worker is absent from Australia, if the insurer considers the treatment, care or support should be, wholly or partly, paid for under this chapter, having regard to the following matters— (i) the length of the absence; (ii) whether the treatment, care or support is to be, or could be, provided or funded in another way during the absence; (iii) whether the treatment, care or support is excluded treatment, care or support; (iv) any other matter the insurer considers relevant.\n- (i) the length of the absence;\n- (ii) whether the treatment, care or support is to be, or could be, provided or funded in another way during the absence;\n- (iii) whether the treatment, care or support is excluded treatment, care or support;\n- (iv) any other matter the insurer considers relevant.\n- (i) the length of the absence;\n- (ii) whether the treatment, care or support is to be, or could be, provided or funded in another way during the absence;\n- (iii) whether the treatment, care or support is excluded treatment, care or support;\n- (iv) any other matter the insurer considers relevant.","sortOrder":444},{"sectionNumber":"sec.232ZH","sectionType":"section","heading":"Suspending entitlement","content":"### sec.232ZH Suspending entitlement\n\nThe insurer may suspend the worker’s entitlement to treatment, care and support payments if the insurer considers the worker’s absence from Australia will, or is likely to, adversely affect—\nthe worker’s condition resulting from the worker’s injury; or\nthe worker’s prospects of improvement or rehabilitation.\nThe worker’s entitlement to treatment, care and support payments may be suspended for all or part of the period the worker is absent from Australia.\nIf the insurer decides to suspend the worker’s entitlement to treatment, care and support payments, the insurer must give the worker written notice of the decision.\nSee section 232L (4) for the effect of a worker’s entitlement to treatment, care and support payments being suspended under this section.\nThe notice—\nmust state the period of the suspension; and\nmay state that the period of suspension starts on the day the worker left Australia, even if the notice is given after that day.\ns 232ZH ins 2016 No. 44 s 30\n(sec.232ZH-ssec.1) The insurer may suspend the worker’s entitlement to treatment, care and support payments if the insurer considers the worker’s absence from Australia will, or is likely to, adversely affect— the worker’s condition resulting from the worker’s injury; or the worker’s prospects of improvement or rehabilitation.\n(sec.232ZH-ssec.2) The worker’s entitlement to treatment, care and support payments may be suspended for all or part of the period the worker is absent from Australia.\n(sec.232ZH-ssec.3) If the insurer decides to suspend the worker’s entitlement to treatment, care and support payments, the insurer must give the worker written notice of the decision. See section 232L (4) for the effect of a worker’s entitlement to treatment, care and support payments being suspended under this section.\n(sec.232ZH-ssec.4) The notice— must state the period of the suspension; and may state that the period of suspension starts on the day the worker left Australia, even if the notice is given after that day.\n- (a) the worker’s condition resulting from the worker’s injury; or\n- (b) the worker’s prospects of improvement or rehabilitation.\n- (a) must state the period of the suspension; and\n- (b) may state that the period of suspension starts on the day the worker left Australia, even if the notice is given after that day.","sortOrder":445},{"sectionNumber":"ch.4A-pt.7","sectionType":"part","heading":"Other provision","content":"# Other provision","sortOrder":446},{"sectionNumber":"sec.232ZI","sectionType":"section","heading":"Engagement of NIIS (Qld) agency to perform functions and exercise powers","content":"### sec.232ZI Engagement of NIIS (Qld) agency to perform functions and exercise powers\n\nAn insurer may, by way of an agreement under the NIIS (Qld) Act , section 60 , engage the NIIS (Qld) agency to perform the insurer’s functions or exercise the insurer’s powers under this chapter, including, for example—\nassessing and deciding a worker’s entitlement to treatment, care and support payments; and\npreparing support plans; and\ndeciding service requests under section 232P ; and\nentering into funding agreements under section 232Q ; and\ndeciding payment requests under section 232R .\nTo remove any doubt, it is declared that an insurer who engages the NIIS (Qld) agency to perform functions or exercise powers under subsection (1) remains liable to make payments to workers under this chapter.\nThe Regulator may impose a condition on a self-insurer’s licence that the self-insurer engage the NIIS (Qld) agency under subsection (1) for all of the self-insurer’s functions and powers under this chapter or for stated functions and powers.\nThe Regulator may monitor the performance of functions or the exercise of powers by the NIIS (Qld) agency under an engagement under subsection (1) .\nIn this section—\nNIIS (Qld) Act means the National Injury Insurance Scheme (Queensland) Act 2016 .\nNIIS (Qld) agency means the agency under the NIIS (Qld) Act .\ns 232ZI ins 2016 No. 44 s 30\n(sec.232ZI-ssec.1) An insurer may, by way of an agreement under the NIIS (Qld) Act , section 60 , engage the NIIS (Qld) agency to perform the insurer’s functions or exercise the insurer’s powers under this chapter, including, for example— assessing and deciding a worker’s entitlement to treatment, care and support payments; and preparing support plans; and deciding service requests under section 232P ; and entering into funding agreements under section 232Q ; and deciding payment requests under section 232R .\n(sec.232ZI-ssec.2) To remove any doubt, it is declared that an insurer who engages the NIIS (Qld) agency to perform functions or exercise powers under subsection (1) remains liable to make payments to workers under this chapter.\n(sec.232ZI-ssec.3) The Regulator may impose a condition on a self-insurer’s licence that the self-insurer engage the NIIS (Qld) agency under subsection (1) for all of the self-insurer’s functions and powers under this chapter or for stated functions and powers.\n(sec.232ZI-ssec.4) The Regulator may monitor the performance of functions or the exercise of powers by the NIIS (Qld) agency under an engagement under subsection (1) .\n(sec.232ZI-ssec.5) In this section— NIIS (Qld) Act means the National Injury Insurance Scheme (Queensland) Act 2016 . NIIS (Qld) agency means the agency under the NIIS (Qld) Act .\n- (a) assessing and deciding a worker’s entitlement to treatment, care and support payments; and\n- (b) preparing support plans; and\n- (c) deciding service requests under section 232P ; and\n- (d) entering into funding agreements under section 232Q ; and\n- (e) deciding payment requests under section 232R .","sortOrder":447},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Interpretation and application","content":"# Interpretation and application","sortOrder":448},{"sectionNumber":"sec.233","sectionType":"section","heading":"Definitions for ch 5","content":"### sec.233 Definitions for ch 5\n\nIn this chapter—\nclaimant means a person entitled to seek damages.\ncontribution claim means a claim for contribution or indemnity made against another person by an insurer who adds the person as a contributor under section 278A .\ns 233 def contribution claim ins 2010 No. 24 s 12\noffer , in relation to written final offers at a compulsory conference, includes a nil offer of settlement.\nAn insurer may make a nil offer of settlement to a worker when it intends to allege fraud by the worker.\ns 233 def offer ins 2010 No. 24 s 12\nparty includes contributor.\ns 233 def party ins 2004 No. 45 s 42\nworker , for a claim, means the worker in relation to whose injury the claim is made.\nwritten final offer means written final offer under section 292 .","sortOrder":449},{"sectionNumber":"sec.235","sectionType":"section","heading":"Requirements of chapter to prevail and are substantive law","content":"### sec.235 Requirements of chapter to prevail and are substantive law\n\nIf a provision of an Act or a rule of law is inconsistent with this chapter, this chapter prevails.\nAll the provisions of this chapter are provisions of substantive law.\nHowever, subsection (2) does not affect minor variations in procedure.\n(sec.235-ssec.1) If a provision of an Act or a rule of law is inconsistent with this chapter, this chapter prevails.\n(sec.235-ssec.2) All the provisions of this chapter are provisions of substantive law.\n(sec.235-ssec.3) However, subsection (2) does not affect minor variations in procedure.","sortOrder":450},{"sectionNumber":"sec.235A","sectionType":"section","heading":"Date of relevant health practitioner consultation taken to be date of injury","content":"### sec.235A Date of relevant health practitioner consultation taken to be date of injury\n\nFor the application of this chapter in relation to an injury sustained by a worker that happens over a period, the date on which the worker first consulted a relevant health practitioner about the injury is taken to be the date of the worker’s injury.\nThis section does not apply to a latent onset injury.\nThis section does not limit section 236 .\nIn this section—\nrelevant health practitioner means a doctor, nurse practitioner or dentist authorised under section 132 to issue a certificate under the section.\ns 235A ins 2007 No. 52 s 21\namd 2010 No. 24 s 13\n(sec.235A-ssec.1) For the application of this chapter in relation to an injury sustained by a worker that happens over a period, the date on which the worker first consulted a relevant health practitioner about the injury is taken to be the date of the worker’s injury.\n(sec.235A-ssec.2) This section does not apply to a latent onset injury.\n(sec.235A-ssec.3) This section does not limit section 236 .\n(sec.235A-ssec.4) In this section— relevant health practitioner means a doctor, nurse practitioner or dentist authorised under section 132 to issue a certificate under the section.","sortOrder":451},{"sectionNumber":"sec.236","sectionType":"section","heading":"Period of limitation under Limitation of Actions Act 1974 never affected","content":"### sec.236 Period of limitation under Limitation of Actions Act 1974 never affected\n\nIt is declared that nothing in this Act affects, or has ever affected, the commencement of the period of limitation provided by the Limitation of Actions Act 1974 , section 11 .\nTo remove any doubt, it is declared that the period of limitation provided by the Limitation of Actions Act 1974 , section 11 applicable to an action for damages for injury sustained by a worker in circumstances creating, independently of this Act, a legal liability in the worker’s employer to pay the damages for the injury is, and always has been, the same as would have been applicable to that action if this Act had not been enacted.\nThis section is subject to section 302 .\n(sec.236-ssec.1) It is declared that nothing in this Act affects, or has ever affected, the commencement of the period of limitation provided by the Limitation of Actions Act 1974 , section 11 .\n(sec.236-ssec.2) To remove any doubt, it is declared that the period of limitation provided by the Limitation of Actions Act 1974 , section 11 applicable to an action for damages for injury sustained by a worker in circumstances creating, independently of this Act, a legal liability in the worker’s employer to pay the damages for the injury is, and always has been, the same as would have been applicable to that action if this Act had not been enacted.\n(sec.236-ssec.3) This section is subject to section 302 .","sortOrder":452},{"sectionNumber":"sec.236A","sectionType":"section","heading":"Application of ch 5 to specified volunteer firefighter","content":"### sec.236A Application of ch 5 to specified volunteer firefighter\n\nThis chapter applies to a specified volunteer firefighter who—\nis covered by a contract entered into with WorkCover for chapter 1 , part 4 , division 3 , subdivision 1 ; and\nsustains an injury that is a specified disease; and\nis entitled to seek damages.\nFor applying this chapter to the specified volunteer firefighter—\nthe firefighter is taken to be a worker; and\nthe activity covered by the contract mentioned in subsection (1) (a) is taken to be the firefighter’s employment; and\nthe party with whom WorkCover entered the contract is taken to be the firefighter’s employer; and\nan amount paid to the firefighter under the contract as compensation is taken to be compensation paid to the firefighter under chapter 3 ; and\na document given, or a thing done, under the contract in relation to the payment of compensation to the firefighter is, to the extent chapter 3 provides for an equivalent document or thing, taken to have been given or done under chapter 3 .\na notice of assessment given to the firefighter\nan election made by the firefighter to seek damages\nthe acceptance by the firefighter of an offer of lump sum compensation\nan assessment of the injury to decide if the injury has resulted in a DPI\ns 236A ins 2015 No. 13 s 19 (retro)\n(sec.236A-ssec.1) This chapter applies to a specified volunteer firefighter who— is covered by a contract entered into with WorkCover for chapter 1 , part 4 , division 3 , subdivision 1 ; and sustains an injury that is a specified disease; and is entitled to seek damages.\n(sec.236A-ssec.2) For applying this chapter to the specified volunteer firefighter— the firefighter is taken to be a worker; and the activity covered by the contract mentioned in subsection (1) (a) is taken to be the firefighter’s employment; and the party with whom WorkCover entered the contract is taken to be the firefighter’s employer; and an amount paid to the firefighter under the contract as compensation is taken to be compensation paid to the firefighter under chapter 3 ; and a document given, or a thing done, under the contract in relation to the payment of compensation to the firefighter is, to the extent chapter 3 provides for an equivalent document or thing, taken to have been given or done under chapter 3 . a notice of assessment given to the firefighter an election made by the firefighter to seek damages the acceptance by the firefighter of an offer of lump sum compensation an assessment of the injury to decide if the injury has resulted in a DPI\n- (a) is covered by a contract entered into with WorkCover for chapter 1 , part 4 , division 3 , subdivision 1 ; and\n- (b) sustains an injury that is a specified disease; and\n- (c) is entitled to seek damages.\n- (a) the firefighter is taken to be a worker; and\n- (b) the activity covered by the contract mentioned in subsection (1) (a) is taken to be the firefighter’s employment; and\n- (c) the party with whom WorkCover entered the contract is taken to be the firefighter’s employer; and\n- (d) an amount paid to the firefighter under the contract as compensation is taken to be compensation paid to the firefighter under chapter 3 ; and\n- (e) a document given, or a thing done, under the contract in relation to the payment of compensation to the firefighter is, to the extent chapter 3 provides for an equivalent document or thing, taken to have been given or done under chapter 3 .\n- • a notice of assessment given to the firefighter\n- • an election made by the firefighter to seek damages\n- • the acceptance by the firefighter of an offer of lump sum compensation\n- • an assessment of the injury to decide if the injury has resulted in a DPI","sortOrder":453},{"sectionNumber":"sec.236B","sectionType":"section","heading":"Liability of contributors","content":"### sec.236B Liability of contributors\n\nThis section applies to an agreement between an employer and another person under which the employer indemnifies the other person for any legal liability of the person to pay damages for injury sustained by a worker.\nThe agreement does not prevent the insurer from adding the other person as a contributor under section 278A in relation to the employer’s liability or the insurer’s liability for the worker’s injury.\nThe agreement is void to the extent it provides for the employer, or has the effect of requiring the employer, to indemnify the other person for any contribution claim made by the insurer against the other person.\nIn this section—\ndamages includes damages under a legal liability existing independently of this Act, whether or not within the meaning of section 10 .\ns 236B ins 2016 No. 44 s 31\n(sec.236B-ssec.1) This section applies to an agreement between an employer and another person under which the employer indemnifies the other person for any legal liability of the person to pay damages for injury sustained by a worker.\n(sec.236B-ssec.2) The agreement does not prevent the insurer from adding the other person as a contributor under section 278A in relation to the employer’s liability or the insurer’s liability for the worker’s injury.\n(sec.236B-ssec.3) The agreement is void to the extent it provides for the employer, or has the effect of requiring the employer, to indemnify the other person for any contribution claim made by the insurer against the other person.\n(sec.236B-ssec.4) In this section— damages includes damages under a legal liability existing independently of this Act, whether or not within the meaning of section 10 .","sortOrder":454},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Entitlement conditions","content":"# Entitlement conditions","sortOrder":455},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Limitations on persons entitled to seek damages","content":"## Limitations on persons entitled to seek damages","sortOrder":456},{"sectionNumber":"sec.237","sectionType":"section","heading":"General limitation on persons entitled to seek damages","content":"### sec.237 General limitation on persons entitled to seek damages\n\nThe following are the only persons entitled to seek damages for an injury sustained by a worker—\nthe worker, if the worker—\nhas received a notice of assessment from the insurer for the injury; or\nhas not received a notice of assessment for the injury, but—\nhas received a notice of assessment for any injury resulting from the same event (the assessed injury ); and\nfor the assessed injury, the worker has a DPI of 20% or more or, under section 239 , has elected to seek damages; or\nhas a terminal condition;\na dependant of the deceased worker, if the injury results in the worker’s death and—\ncompensation for the worker’s death has been paid to, or for the benefit of, the dependant under chapter 3 , part 11 ; or\na certificate has been issued by the insurer to the dependant under section 132B .\nThe entitlement of a worker, or a dependant of a deceased worker, to seek damages is subject to the provisions of this chapter and the provisions of chapter 4A , part 5 .\nSee, for example, section 232V (3) which provides that a worker required under section 232V to elect to seek treatment, care and support damages for an injury who does not make the election is not entitled to seek treatment, care and support damages for the injury.\nIf a worker—\nis required under section 239 to make an election to seek damages for an injury; and\nhas accepted an offer of payment of lump sum compensation under chapter 3 , part 10 , division 3 for the injury;\nthe worker is not entitled to seek damages.\nHowever, subsection (3) does not prevent a worker from seeking damages under section 266 .\nTo remove any doubt, it is declared that subsection (1) abolishes any entitlement of a person not mentioned in the subsection to seek damages for an injury sustained by a worker.\ns 237 amd 2010 No. 24 s 3 sch ; 2013 No. 52 s 17 (retro); 2015 No. 13 s 6 (retro); 2016 No. 44 s 32\n(sec.237-ssec.1) The following are the only persons entitled to seek damages for an injury sustained by a worker— the worker, if the worker— has received a notice of assessment from the insurer for the injury; or has not received a notice of assessment for the injury, but— has received a notice of assessment for any injury resulting from the same event (the assessed injury ); and for the assessed injury, the worker has a DPI of 20% or more or, under section 239 , has elected to seek damages; or has a terminal condition; a dependant of the deceased worker, if the injury results in the worker’s death and— compensation for the worker’s death has been paid to, or for the benefit of, the dependant under chapter 3 , part 11 ; or a certificate has been issued by the insurer to the dependant under section 132B .\n(sec.237-ssec.2) The entitlement of a worker, or a dependant of a deceased worker, to seek damages is subject to the provisions of this chapter and the provisions of chapter 4A , part 5 . See, for example, section 232V (3) which provides that a worker required under section 232V to elect to seek treatment, care and support damages for an injury who does not make the election is not entitled to seek treatment, care and support damages for the injury.\n(sec.237-ssec.3) If a worker— is required under section 239 to make an election to seek damages for an injury; and has accepted an offer of payment of lump sum compensation under chapter 3 , part 10 , division 3 for the injury; the worker is not entitled to seek damages.\n(sec.237-ssec.4) However, subsection (3) does not prevent a worker from seeking damages under section 266 .\n(sec.237-ssec.5) To remove any doubt, it is declared that subsection (1) abolishes any entitlement of a person not mentioned in the subsection to seek damages for an injury sustained by a worker.\n- (a) the worker, if the worker— (i) has received a notice of assessment from the insurer for the injury; or (ii) has not received a notice of assessment for the injury, but— (A) has received a notice of assessment for any injury resulting from the same event (the assessed injury ); and (B) for the assessed injury, the worker has a DPI of 20% or more or, under section 239 , has elected to seek damages; or (iii) has a terminal condition;\n- (i) has received a notice of assessment from the insurer for the injury; or\n- (ii) has not received a notice of assessment for the injury, but— (A) has received a notice of assessment for any injury resulting from the same event (the assessed injury ); and (B) for the assessed injury, the worker has a DPI of 20% or more or, under section 239 , has elected to seek damages; or\n- (A) has received a notice of assessment for any injury resulting from the same event (the assessed injury ); and\n- (B) for the assessed injury, the worker has a DPI of 20% or more or, under section 239 , has elected to seek damages; or\n- (iii) has a terminal condition;\n- (b) a dependant of the deceased worker, if the injury results in the worker’s death and— (i) compensation for the worker’s death has been paid to, or for the benefit of, the dependant under chapter 3 , part 11 ; or (ii) a certificate has been issued by the insurer to the dependant under section 132B .\n- (i) compensation for the worker’s death has been paid to, or for the benefit of, the dependant under chapter 3 , part 11 ; or\n- (ii) a certificate has been issued by the insurer to the dependant under section 132B .\n- (i) has received a notice of assessment from the insurer for the injury; or\n- (ii) has not received a notice of assessment for the injury, but— (A) has received a notice of assessment for any injury resulting from the same event (the assessed injury ); and (B) for the assessed injury, the worker has a DPI of 20% or more or, under section 239 , has elected to seek damages; or\n- (A) has received a notice of assessment for any injury resulting from the same event (the assessed injury ); and\n- (B) for the assessed injury, the worker has a DPI of 20% or more or, under section 239 , has elected to seek damages; or\n- (iii) has a terminal condition;\n- (A) has received a notice of assessment for any injury resulting from the same event (the assessed injury ); and\n- (B) for the assessed injury, the worker has a DPI of 20% or more or, under section 239 , has elected to seek damages; or\n- (i) compensation for the worker’s death has been paid to, or for the benefit of, the dependant under chapter 3 , part 11 ; or\n- (ii) a certificate has been issued by the insurer to the dependant under section 132B .\n- (a) is required under section 239 to make an election to seek damages for an injury; and\n- (b) has accepted an offer of payment of lump sum compensation under chapter 3 , part 10 , division 3 for the injury;","sortOrder":457},{"sectionNumber":"sec.238","sectionType":"section","heading":"Worker with terminal condition","content":"### sec.238 Worker with terminal condition\n\nThis section applies to a worker who has a terminal condition and wishes to seek damages.\nThe following provisions of this chapter do not apply to the worker—\nsection 239 ;\npart 2 , division 4 ;\nsection 267 (2) or (3) ;\npart 6 , other than section 293 ;\npart 7 , other than sections 300 to 302 .\nHowever, this section does not stop the worker from voluntarily complying with the provisions mentioned in subsection (2) .\ns 238 amd 2005 No. 50 s 34 ; 2010 No. 24 s 14 ; 2013 No. 52 s 18 (retro)\n(sec.238-ssec.1) This section applies to a worker who has a terminal condition and wishes to seek damages.\n(sec.238-ssec.2) The following provisions of this chapter do not apply to the worker— section 239 ; part 2 , division 4 ; section 267 (2) or (3) ; part 6 , other than section 293 ; part 7 , other than sections 300 to 302 .\n(sec.238-ssec.3) However, this section does not stop the worker from voluntarily complying with the provisions mentioned in subsection (2) .\n- (a) section 239 ;\n- (b) part 2 , division 4 ;\n- (c) section 267 (2) or (3) ;\n- (d) part 6 , other than section 293 ;\n- (e) part 7 , other than sections 300 to 302 .","sortOrder":458},{"sectionNumber":"sec.239","sectionType":"section","heading":"Worker who is required to make election to seek damages","content":"### sec.239 Worker who is required to make election to seek damages\n\nThis section applies if a worker’s notice of assessment states that the worker’s DPI is less than 20%.\nIf, in the notice of assessment, the worker is offered a payment of lump sum compensation under chapter 3 , part 10 , division 3 for the injury, the worker is not entitled to both—\npayment of lump sum compensation for the injury; and\ndamages for the injury.\nIf, in the notice of assessment, the worker is required to make an election to seek damages for the injury, the worker can not change the worker’s election—\nif the worker has elected to seek damages for the injury—after notice of the election is given to the insurer; or\nif the worker is taken, under section 189 (7) , to have elected to seek damages for the injury—after the worker lodges a notice of claim.\ns 239 amd 2013 No. 52 s 19 (retro)\n(sec.239-ssec.1) This section applies if a worker’s notice of assessment states that the worker’s DPI is less than 20%.\n(sec.239-ssec.2) If, in the notice of assessment, the worker is offered a payment of lump sum compensation under chapter 3 , part 10 , division 3 for the injury, the worker is not entitled to both— payment of lump sum compensation for the injury; and damages for the injury.\n(sec.239-ssec.3) If, in the notice of assessment, the worker is required to make an election to seek damages for the injury, the worker can not change the worker’s election— if the worker has elected to seek damages for the injury—after notice of the election is given to the insurer; or if the worker is taken, under section 189 (7) , to have elected to seek damages for the injury—after the worker lodges a notice of claim.\n- (a) payment of lump sum compensation for the injury; and\n- (b) damages for the injury.\n- (a) if the worker has elected to seek damages for the injury—after notice of the election is given to the insurer; or\n- (b) if the worker is taken, under section 189 (7) , to have elected to seek damages for the injury—after the worker lodges a notice of claim.","sortOrder":459},{"sectionNumber":"sec.239A","sectionType":"section","heading":"Worker with more than 1 injury from an event","content":"### sec.239A Worker with more than 1 injury from an event\n\nThis section applies to a claimant who is a worker mentioned in section 237 (1) (a) (ii) .\nThe claimant can not have, and the insurer can not decide to have, the injury assessed under chapter 3 , part 10 to decide if the claimant has sustained a DPI.\nThe insurer can not decide the claimant’s notice of claim does not comply with section 275 only because the claimant has not received a notice of assessment for the injury.\nHowever, the claimant may seek damages for the injury only if the insurer decides the claimant has sustained an injury.\nThe insurer must make a decision for subsection (4) within 40 business days after—\nthe claimant gives, or is taken to have given, a complying notice of claim; or\nthe claimant gives a notice of claim for which the insurer waives compliance with the requirements of section 275 with or without conditions; or\na court makes a declaration under section 297 .\nThe insurer must—\nnotify the claimant of its decision for subsection (4) ; and\nif the insurer decides the claimant has not sustained an injury—give the claimant written reasons for the decision; and\nif the insurer is WorkCover—also give the information mentioned in paragraphs (a) and (b) to the claimant’s employer.\nIf the insurer does not make a decision for subsection (4) within the time stated in subsection (5) —\nthe insurer must, within 5 business days after the end of the time stated in subsection (5) , notify the claimant—\nof its reasons for not making the decision; and\nthat the claimant may have the insurer’s failure to make the decision reviewed under chapter 13 ; and\nthe claimant may have the insurer’s failure to make the decision reviewed under chapter 13 .\nA person aggrieved by the insurer’s decision may have the decision reviewed under chapter 13 .\ns 239A ins 2015 No. 13 s 7 (retro)\n(sec.239A-ssec.1) This section applies to a claimant who is a worker mentioned in section 237 (1) (a) (ii) .\n(sec.239A-ssec.2) The claimant can not have, and the insurer can not decide to have, the injury assessed under chapter 3 , part 10 to decide if the claimant has sustained a DPI.\n(sec.239A-ssec.3) The insurer can not decide the claimant’s notice of claim does not comply with section 275 only because the claimant has not received a notice of assessment for the injury.\n(sec.239A-ssec.4) However, the claimant may seek damages for the injury only if the insurer decides the claimant has sustained an injury.\n(sec.239A-ssec.5) The insurer must make a decision for subsection (4) within 40 business days after— the claimant gives, or is taken to have given, a complying notice of claim; or the claimant gives a notice of claim for which the insurer waives compliance with the requirements of section 275 with or without conditions; or a court makes a declaration under section 297 .\n(sec.239A-ssec.6) The insurer must— notify the claimant of its decision for subsection (4) ; and if the insurer decides the claimant has not sustained an injury—give the claimant written reasons for the decision; and if the insurer is WorkCover—also give the information mentioned in paragraphs (a) and (b) to the claimant’s employer.\n(sec.239A-ssec.7) If the insurer does not make a decision for subsection (4) within the time stated in subsection (5) — the insurer must, within 5 business days after the end of the time stated in subsection (5) , notify the claimant— of its reasons for not making the decision; and that the claimant may have the insurer’s failure to make the decision reviewed under chapter 13 ; and the claimant may have the insurer’s failure to make the decision reviewed under chapter 13 .\n(sec.239A-ssec.8) A person aggrieved by the insurer’s decision may have the decision reviewed under chapter 13 .\n- (a) the claimant gives, or is taken to have given, a complying notice of claim; or\n- (b) the claimant gives a notice of claim for which the insurer waives compliance with the requirements of section 275 with or without conditions; or\n- (c) a court makes a declaration under section 297 .\n- (a) notify the claimant of its decision for subsection (4) ; and\n- (b) if the insurer decides the claimant has not sustained an injury—give the claimant written reasons for the decision; and\n- (c) if the insurer is WorkCover—also give the information mentioned in paragraphs (a) and (b) to the claimant’s employer.\n- (a) the insurer must, within 5 business days after the end of the time stated in subsection (5) , notify the claimant— (i) of its reasons for not making the decision; and (ii) that the claimant may have the insurer’s failure to make the decision reviewed under chapter 13 ; and\n- (i) of its reasons for not making the decision; and\n- (ii) that the claimant may have the insurer’s failure to make the decision reviewed under chapter 13 ; and\n- (b) the claimant may have the insurer’s failure to make the decision reviewed under chapter 13 .\n- (i) of its reasons for not making the decision; and\n- (ii) that the claimant may have the insurer’s failure to make the decision reviewed under chapter 13 ; and","sortOrder":460},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Consequences, to costs, of seeking damages","content":"## Consequences, to costs, of seeking damages","sortOrder":461},{"sectionNumber":"sec.240","sectionType":"section","heading":"Consequences, to costs, of seeking damages","content":"### sec.240 Consequences, to costs, of seeking damages\n\nIf the claimant is a worker who does not have a terminal condition and the claimant’s notice of assessment states that the claimant’s DPI is 20% or more, part 12 , division 1 applies in relation to costs in the claimant’s proceeding for damages.\nIf the claimant is a worker who does not have a terminal condition and the claimant’s notice of assessment states that the claimant’s DPI is less than 20%, part 12 , division 2 applies in relation to costs in the claimant’s proceeding for damages.\nIf the claimant is a worker who has a terminal condition, part 12 , division 1 applies in relation to costs in the claimant’s proceeding for damages.\nIf the claimant is a dependant, part 12 , division 1 applies in relation to costs in the claimant’s proceeding for damages.\ns 240 amd 2005 No. 50 s 35 ; 2013 No. 52 ss 20 , 56 sch 1 (retro)\n(sec.240-ssec.1) If the claimant is a worker who does not have a terminal condition and the claimant’s notice of assessment states that the claimant’s DPI is 20% or more, part 12 , division 1 applies in relation to costs in the claimant’s proceeding for damages.\n(sec.240-ssec.2) If the claimant is a worker who does not have a terminal condition and the claimant’s notice of assessment states that the claimant’s DPI is less than 20%, part 12 , division 2 applies in relation to costs in the claimant’s proceeding for damages.\n(sec.240-ssec.3) If the claimant is a worker who has a terminal condition, part 12 , division 1 applies in relation to costs in the claimant’s proceeding for damages.\n(sec.240-ssec.4) If the claimant is a dependant, part 12 , division 1 applies in relation to costs in the claimant’s proceeding for damages.","sortOrder":462},{"sectionNumber":"ch.5-pt.2-div.3","sectionType":"division","heading":"Urgent proceedings","content":"## Urgent proceedings","sortOrder":463},{"sectionNumber":"sec.241","sectionType":"section","heading":"Application of div 3","content":"### sec.241 Application of div 3\n\nThis division applies to a claimant who is a person mentioned in section 237 (1) .\ns 241 sub 2013 No. 52 s 21 (retro)","sortOrder":464},{"sectionNumber":"sec.242","sectionType":"section","heading":"Need for urgent proceedings","content":"### sec.242 Need for urgent proceedings\n\nThis section applies in relation to an urgent need for the claimant to start a proceeding for damages.\nSection 276 provides a way for the claimant to satisfy section 302 (2) .\nAlso, the claimant may, under section 298 , seek leave to start a proceeding for damages for an injury without complying with section 275 .\nHowever, if the leave mentioned in subsection (3) is given, a proceeding started by leave is stayed until the claimant complies with section 275 .\ns 242 amd 2010 No. 24 s 3 sch\nsub 2013 No. 52 s 21 (retro)\n(sec.242-ssec.1) This section applies in relation to an urgent need for the claimant to start a proceeding for damages.\n(sec.242-ssec.2) Section 276 provides a way for the claimant to satisfy section 302 (2) .\n(sec.242-ssec.3) Also, the claimant may, under section 298 , seek leave to start a proceeding for damages for an injury without complying with section 275 .\n(sec.242-ssec.4) However, if the leave mentioned in subsection (3) is given, a proceeding started by leave is stayed until the claimant complies with section 275 .","sortOrder":465},{"sectionNumber":"sec.243","sectionType":"section","heading":null,"content":"### Section sec.243\n\ns 243 om 2013 No. 52 s 21 (retro)","sortOrder":466},{"sectionNumber":"sec.244","sectionType":"section","heading":null,"content":"### Section sec.244\n\ns 244 amd 2010 No. 24 s 3 sch\nom 2013 No. 52 s 21 (retro)","sortOrder":467},{"sectionNumber":"sec.245","sectionType":"section","heading":null,"content":"### Section sec.245\n\ns 245 amd 2007 No. 52 s 22\nom 2013 No. 52 s 21 (retro)","sortOrder":468},{"sectionNumber":"sec.246","sectionType":"section","heading":null,"content":"### Section sec.246\n\ns 246 om 2007 No. 52 s 23","sortOrder":469},{"sectionNumber":"sec.247","sectionType":"section","heading":null,"content":"### Section sec.247\n\ns 247 om 2013 No. 52 s 21 (retro)","sortOrder":470},{"sectionNumber":"sec.248","sectionType":"section","heading":null,"content":"### Section sec.248\n\ns 248 om 2013 No. 52 s 21 (retro)","sortOrder":471},{"sectionNumber":"sec.249","sectionType":"section","heading":null,"content":"### Section sec.249\n\ns 249 om 2013 No. 52 s 21 (retro)","sortOrder":472},{"sectionNumber":"sec.250","sectionType":"section","heading":null,"content":"### Section sec.250\n\ns 250 om 2013 No. 52 s 21 (retro)","sortOrder":473},{"sectionNumber":"sec.251","sectionType":"section","heading":null,"content":"### Section sec.251\n\ns 251 om 2013 No. 52 s 21 (retro)","sortOrder":474},{"sectionNumber":"sec.252","sectionType":"section","heading":null,"content":"### Section sec.252\n\ns 252 om 2013 No. 52 s 21 (retro)","sortOrder":475},{"sectionNumber":"ch.5-pt.2-div.4","sectionType":"division","heading":"Review of worker’s decision to accept payment of lump sum compensation for injury—DPI of less than 20%","content":"## Review of worker’s decision to accept payment of lump sum compensation for injury—DPI of less than 20%","sortOrder":476},{"sectionNumber":"sec.265","sectionType":"section","heading":"Application of div 4","content":"### sec.265 Application of div 4\n\nThis division applies if—\na worker has elected, under section 189 , to accept payment of lump sum compensation for an injury; and\nthe worker has been assessed under chapter 3 , part 10 as having sustained a DPI of less than 20%.\ns 265 amd 2013 No. 52 s 23 (retro)\n- (a) a worker has elected, under section 189 , to accept payment of lump sum compensation for an injury; and\n- (b) the worker has been assessed under chapter 3 , part 10 as having sustained a DPI of less than 20%.","sortOrder":477},{"sectionNumber":"sec.266","sectionType":"section","heading":"Decision not to seek damages reviewable in certain circumstances","content":"### sec.266 Decision not to seek damages reviewable in certain circumstances\n\nThe worker may ask the insurer to consider fresh medical evidence about the worker’s injury but only—\nto satisfy the insurer of the matters mentioned in subsection (7) for the purpose of seeking damages for the injury; and\nwithin the period mentioned in section 302 (1) .\nThe insurer is required to consider the medical evidence only if the worker satisfies the insurer that—\nwhen the worker’s DPI was decided under section 179 , there was no reason to believe that there would be a material deterioration of the worker’s injury; and\nthe further material deterioration is a deterioration of the injury for which the worker was assessed and accepted payment of lump sum compensation under section 189 ; and\nthe medical evidence—\nwas not available when the worker’s DPI was previously decided or when the worker made the election not to seek damages; and\nestablishes there has been a further material deterioration of the worker’s injury that has resulted in an additional DPI of 10% or more.\nIf the insurer rejects the evidence, the insurer must refer the evidence to a review panel for review.\nThe review panel must consider the medical evidence produced by the worker and may accept or reject the evidence.\nA decision of the review panel is final and may not be appealed against.\nIf the insurer or the review panel accepts the medical evidence, the insurer must refer the question of degree of permanent impairment to an appropriate medical assessment tribunal for decision.\nThe worker may seek damages for the injury if the insurer is satisfied that—\nthe worker’s further material deterioration has resulted in an additional DPI of 10% or more; and\nthe deterioration is a deterioration of the injury for which the worker has accepted payment of lump sum compensation; and\nthe deterioration does not arise from combining a psychiatric or psychological injury with another injury; and\nthe additional DPI, when added to the worker’s previous DPI, results in a DPI of the worker of 20% or more.\nIn this section—\nreview panel means a panel consisting of the chairperson or deputy chairperson of the General Medical Assessment Tribunal and a member of an appropriate medical assessment tribunal.\ns 266 amd 2013 No. 52 s 24 (retro)\n(sec.266-ssec.1) The worker may ask the insurer to consider fresh medical evidence about the worker’s injury but only— to satisfy the insurer of the matters mentioned in subsection (7) for the purpose of seeking damages for the injury; and within the period mentioned in section 302 (1) .\n(sec.266-ssec.2) The insurer is required to consider the medical evidence only if the worker satisfies the insurer that— when the worker’s DPI was decided under section 179 , there was no reason to believe that there would be a material deterioration of the worker’s injury; and the further material deterioration is a deterioration of the injury for which the worker was assessed and accepted payment of lump sum compensation under section 189 ; and the medical evidence— was not available when the worker’s DPI was previously decided or when the worker made the election not to seek damages; and establishes there has been a further material deterioration of the worker’s injury that has resulted in an additional DPI of 10% or more.\n(sec.266-ssec.3) If the insurer rejects the evidence, the insurer must refer the evidence to a review panel for review.\n(sec.266-ssec.4) The review panel must consider the medical evidence produced by the worker and may accept or reject the evidence.\n(sec.266-ssec.5) A decision of the review panel is final and may not be appealed against.\n(sec.266-ssec.6) If the insurer or the review panel accepts the medical evidence, the insurer must refer the question of degree of permanent impairment to an appropriate medical assessment tribunal for decision.\n(sec.266-ssec.7) The worker may seek damages for the injury if the insurer is satisfied that— the worker’s further material deterioration has resulted in an additional DPI of 10% or more; and the deterioration is a deterioration of the injury for which the worker has accepted payment of lump sum compensation; and the deterioration does not arise from combining a psychiatric or psychological injury with another injury; and the additional DPI, when added to the worker’s previous DPI, results in a DPI of the worker of 20% or more.\n(sec.266-ssec.8) In this section— review panel means a panel consisting of the chairperson or deputy chairperson of the General Medical Assessment Tribunal and a member of an appropriate medical assessment tribunal.\n- (a) to satisfy the insurer of the matters mentioned in subsection (7) for the purpose of seeking damages for the injury; and\n- (b) within the period mentioned in section 302 (1) .\n- (a) when the worker’s DPI was decided under section 179 , there was no reason to believe that there would be a material deterioration of the worker’s injury; and\n- (b) the further material deterioration is a deterioration of the injury for which the worker was assessed and accepted payment of lump sum compensation under section 189 ; and\n- (c) the medical evidence— (i) was not available when the worker’s DPI was previously decided or when the worker made the election not to seek damages; and (ii) establishes there has been a further material deterioration of the worker’s injury that has resulted in an additional DPI of 10% or more.\n- (i) was not available when the worker’s DPI was previously decided or when the worker made the election not to seek damages; and\n- (ii) establishes there has been a further material deterioration of the worker’s injury that has resulted in an additional DPI of 10% or more.\n- (i) was not available when the worker’s DPI was previously decided or when the worker made the election not to seek damages; and\n- (ii) establishes there has been a further material deterioration of the worker’s injury that has resulted in an additional DPI of 10% or more.\n- (a) the worker’s further material deterioration has resulted in an additional DPI of 10% or more; and\n- (b) the deterioration is a deterioration of the injury for which the worker has accepted payment of lump sum compensation; and\n- (c) the deterioration does not arise from combining a psychiatric or psychological injury with another injury; and\n- (d) the additional DPI, when added to the worker’s previous DPI, results in a DPI of the worker of 20% or more.","sortOrder":478},{"sectionNumber":"ch.5-pt.2-div.5","sectionType":"division","heading":null,"content":"","sortOrder":479},{"sectionNumber":"sec.253","sectionType":"section","heading":null,"content":"### Section sec.253\n\ns 253 om 2013 No. 52 s 21 (retro)","sortOrder":480},{"sectionNumber":"sec.254","sectionType":"section","heading":null,"content":"### Section sec.254\n\ns 254 om 2013 No. 52 s 21 (retro)","sortOrder":481},{"sectionNumber":"sec.255","sectionType":"section","heading":null,"content":"### Section sec.255\n\ns 255 om 2013 No. 52 s 21 (retro)","sortOrder":482},{"sectionNumber":"sec.256","sectionType":"section","heading":null,"content":"### Section sec.256\n\ns 256 om 2013 No. 52 s 21 (retro)","sortOrder":483},{"sectionNumber":"ch.5-pt.2-div.6","sectionType":"division","heading":null,"content":"","sortOrder":484},{"sectionNumber":"sec.257","sectionType":"section","heading":null,"content":"### Section sec.257\n\ns 257 om 2013 No. 52 s 21 (retro)","sortOrder":485},{"sectionNumber":"sec.258","sectionType":"section","heading":null,"content":"### Section sec.258\n\ns 258 om 2013 No. 52 s 21 (retro)","sortOrder":486},{"sectionNumber":"sec.259","sectionType":"section","heading":null,"content":"### Section sec.259\n\ns 259 om 2013 No. 52 s 21 (retro)","sortOrder":487},{"sectionNumber":"sec.260","sectionType":"section","heading":null,"content":"### Section sec.260\n\ns 260 om 2013 No. 52 s 21 (retro)","sortOrder":488},{"sectionNumber":"ch.5-pt.2-div.7","sectionType":"division","heading":null,"content":"","sortOrder":489},{"sectionNumber":"sec.261","sectionType":"section","heading":null,"content":"### Section sec.261\n\ns 261 om 2013 No. 52 s 21 (retro)","sortOrder":490},{"sectionNumber":"sec.262","sectionType":"section","heading":null,"content":"### Section sec.262\n\ns 262 om 2013 No. 52 s 21 (retro)","sortOrder":491},{"sectionNumber":"sec.263","sectionType":"section","heading":null,"content":"### Section sec.263\n\ns 263 om 2013 No. 52 s 21 (retro)","sortOrder":492},{"sectionNumber":"sec.264","sectionType":"section","heading":null,"content":"### Section sec.264\n\ns 264 om 2013 No. 52 s 21 (retro)","sortOrder":493},{"sectionNumber":"ch.5-pt.2-div.8","sectionType":"division","heading":null,"content":"","sortOrder":494},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Mitigation of loss and rehabilitation","content":"# Mitigation of loss and rehabilitation","sortOrder":495},{"sectionNumber":"sec.267","sectionType":"section","heading":"Mitigation of loss","content":"### sec.267 Mitigation of loss\n\nThe common law duty of mitigation of loss applies to all workers in relation to claims or proceedings for damages.\nThe worker must satisfactorily participate in rehabilitation.\nWithout limiting subsection (2) , a worker must satisfactorily participate in any return to work program or suitable duties arranged by the insurer.\nThe worker’s duty mentioned in this section is in addition to any duty the worker may have under section 231 .\ns 267 amd 2010 No. 24 s 15 ; 2013 No. 52 s 77\n(sec.267-ssec.1) The common law duty of mitigation of loss applies to all workers in relation to claims or proceedings for damages.\n(sec.267-ssec.2) The worker must satisfactorily participate in rehabilitation.\n(sec.267-ssec.3) Without limiting subsection (2) , a worker must satisfactorily participate in any return to work program or suitable duties arranged by the insurer.\n(sec.267-ssec.4) The worker’s duty mentioned in this section is in addition to any duty the worker may have under section 231 .","sortOrder":496},{"sectionNumber":"sec.268","sectionType":"section","heading":"Provision of rehabilitation","content":"### sec.268 Provision of rehabilitation\n\nAn insurer may make rehabilitation available to a worker on the insurer’s own initiative or if the worker asks.\nIf the insurer makes rehabilitation available to a worker before admitting or denying liability for damages, the insurer must not be taken, only for that reason, to have admitted liability.\nIf—\nliability has been admitted for damages; or\nthe insurer has agreed to fund rehabilitation without making an admission of liability;\nthe insurer must, if the worker asks, ensure that reasonable and appropriate rehabilitation is made available to the worker.\nThe worker may, if not satisfied that the rehabilitation is reasonable and appropriate, apply to the insurer to appoint a mediator to help resolve the questions between the worker and the insurer.\nAn application for appointment of a mediator under subsection (4) must—\nbe made in writing; and\ngive details of any attempts made by the applicant to resolve the matter in dispute.\nThe fees and expenses of the mediator are to be paid as agreed between the parties or, in the absence of agreement, by the parties in equal proportions.\nThe insurer must make rehabilitation available to the worker, and the worker must satisfactorily participate in the rehabilitation, in sufficient time to enable the insurer and the worker to comply with parts 5 , 6 and 7 .\nThis section does not apply to a worker for any period for which the worker is entitled to compensation under chapter 4A , including any period for which the entitlement is suspended under section 232ZH .\ns 268 amd 2016 No. 44 s 33\n(sec.268-ssec.1) An insurer may make rehabilitation available to a worker on the insurer’s own initiative or if the worker asks.\n(sec.268-ssec.2) If the insurer makes rehabilitation available to a worker before admitting or denying liability for damages, the insurer must not be taken, only for that reason, to have admitted liability.\n(sec.268-ssec.3) If— liability has been admitted for damages; or the insurer has agreed to fund rehabilitation without making an admission of liability; the insurer must, if the worker asks, ensure that reasonable and appropriate rehabilitation is made available to the worker.\n(sec.268-ssec.4) The worker may, if not satisfied that the rehabilitation is reasonable and appropriate, apply to the insurer to appoint a mediator to help resolve the questions between the worker and the insurer.\n(sec.268-ssec.5) An application for appointment of a mediator under subsection (4) must— be made in writing; and give details of any attempts made by the applicant to resolve the matter in dispute.\n(sec.268-ssec.6) The fees and expenses of the mediator are to be paid as agreed between the parties or, in the absence of agreement, by the parties in equal proportions.\n(sec.268-ssec.7) The insurer must make rehabilitation available to the worker, and the worker must satisfactorily participate in the rehabilitation, in sufficient time to enable the insurer and the worker to comply with parts 5 , 6 and 7 .\n(sec.268-ssec.8) This section does not apply to a worker for any period for which the worker is entitled to compensation under chapter 4A , including any period for which the entitlement is suspended under section 232ZH .\n- (a) liability has been admitted for damages; or\n- (b) the insurer has agreed to fund rehabilitation without making an admission of liability;\n- (a) be made in writing; and\n- (b) give details of any attempts made by the applicant to resolve the matter in dispute.","sortOrder":497},{"sectionNumber":"sec.269","sectionType":"section","heading":"Costs of rehabilitation","content":"### sec.269 Costs of rehabilitation\n\nIf an insurer intends to ask a court to take the cost of rehabilitation into account in the assessment of damages payable to a worker, the insurer must, before providing the rehabilitation, give the worker a written statement estimating the cost of the rehabilitation.\nThe insurer must bear, or reimburse, the cost of providing the rehabilitation, unless the insurer’s liability for the cost is reduced—\nby agreement with the worker; or\nby order of the court.\nThe cost to the insurer of providing the rehabilitation is to be taken into account in the assessment of damages on the claim if, and only if, the insurer gave the statement mentioned in subsection (1) .\nThe following applies if the cost of rehabilitation is to be taken into account in the assessment of damages—\nthe damages are first assessed, without reduction for contributory negligence, on the assumption that the worker has incurred the cost of the rehabilitation;\nthen, any reduction of the damages assessed, on account of contributory negligence, is made;\nthen, the total cost of rehabilitation is set off against the amount assessed under paragraph (b) .\nSuppose that responsibility for an injury is apportioned equally between the worker and the insurer. Damages (exclusive of the cost of rehabilitation) before apportionment are fixed at $100,000. The insurer has spent $5,000 on rehabilitation. In this case, the worker’s damages will be assessed under paragraph (a) at $105,000 (that is, as if the worker had incurred the $5,000 rehabilitation expense) and reduced to $52,500 under paragraph (b) , and the $5,000 spent by the insurer on rehabilitation will be set off against this amount, resulting in a final award of $47,500.\nIf an insurer is induced by a worker’s fraud to provide rehabilitation to the worker—\nif the insurer is WorkCover—WorkCover may recover the cost of providing the rehabilitation, as a debt, from the worker; or\nif the insurer is a self-insurer—the Regulator may recover, on behalf of the self-insurer, the cost of providing the rehabilitation, as a debt, from the worker.\ns 269 amd 2013 No. 52 s 114 sch 2\n(sec.269-ssec.1) If an insurer intends to ask a court to take the cost of rehabilitation into account in the assessment of damages payable to a worker, the insurer must, before providing the rehabilitation, give the worker a written statement estimating the cost of the rehabilitation.\n(sec.269-ssec.2) The insurer must bear, or reimburse, the cost of providing the rehabilitation, unless the insurer’s liability for the cost is reduced— by agreement with the worker; or by order of the court.\n(sec.269-ssec.3) The cost to the insurer of providing the rehabilitation is to be taken into account in the assessment of damages on the claim if, and only if, the insurer gave the statement mentioned in subsection (1) .\n(sec.269-ssec.4) The following applies if the cost of rehabilitation is to be taken into account in the assessment of damages— the damages are first assessed, without reduction for contributory negligence, on the assumption that the worker has incurred the cost of the rehabilitation; then, any reduction of the damages assessed, on account of contributory negligence, is made; then, the total cost of rehabilitation is set off against the amount assessed under paragraph (b) . Suppose that responsibility for an injury is apportioned equally between the worker and the insurer. Damages (exclusive of the cost of rehabilitation) before apportionment are fixed at $100,000. The insurer has spent $5,000 on rehabilitation. In this case, the worker’s damages will be assessed under paragraph (a) at $105,000 (that is, as if the worker had incurred the $5,000 rehabilitation expense) and reduced to $52,500 under paragraph (b) , and the $5,000 spent by the insurer on rehabilitation will be set off against this amount, resulting in a final award of $47,500.\n(sec.269-ssec.5) If an insurer is induced by a worker’s fraud to provide rehabilitation to the worker— if the insurer is WorkCover—WorkCover may recover the cost of providing the rehabilitation, as a debt, from the worker; or if the insurer is a self-insurer—the Regulator may recover, on behalf of the self-insurer, the cost of providing the rehabilitation, as a debt, from the worker.\n- (a) by agreement with the worker; or\n- (b) by order of the court.\n- (a) the damages are first assessed, without reduction for contributory negligence, on the assumption that the worker has incurred the cost of the rehabilitation;\n- (b) then, any reduction of the damages assessed, on account of contributory negligence, is made;\n- (c) then, the total cost of rehabilitation is set off against the amount assessed under paragraph (b) .\n- (a) if the insurer is WorkCover—WorkCover may recover the cost of providing the rehabilitation, as a debt, from the worker; or\n- (b) if the insurer is a self-insurer—the Regulator may recover, on behalf of the self-insurer, the cost of providing the rehabilitation, as a debt, from the worker.","sortOrder":498},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Reduction of recoverable damages","content":"# Reduction of recoverable damages","sortOrder":499},{"sectionNumber":"sec.270","sectionType":"section","heading":"When damages are to be reduced","content":"### sec.270 When damages are to be reduced\n\nThe amount of damages that an employer is legally liable to pay to a claimant for an injury must be reduced by the total amount paid or payable by an insurer by way of compensation for the injury.\nHowever, subsection (1) applies to compensation paid or payable under chapter 4A only if the damages include treatment, care and support damages.\nAlso, the amount of damages must not be reduced by an amount paid under section 193 .\nThis section does not limit the reduction of the amount of the damages by any other amount that the insurer or the claimant is legally liable to pay on account of the worker under another law.\ns 270 amd 2016 No. 44 s 34\n(sec.270-ssec.1) The amount of damages that an employer is legally liable to pay to a claimant for an injury must be reduced by the total amount paid or payable by an insurer by way of compensation for the injury.\n(sec.270-ssec.2) However, subsection (1) applies to compensation paid or payable under chapter 4A only if the damages include treatment, care and support damages.\n(sec.270-ssec.3) Also, the amount of damages must not be reduced by an amount paid under section 193 .\n(sec.270-ssec.4) This section does not limit the reduction of the amount of the damages by any other amount that the insurer or the claimant is legally liable to pay on account of the worker under another law.","sortOrder":500},{"sectionNumber":"sec.271","sectionType":"section","heading":"Assessment by court of total liability for damages","content":"### sec.271 Assessment by court of total liability for damages\n\nThis section applies if—\ndamages are awarded for an injury; or\ndamages are to be paid in settlement of a claim for an injury.\nTo establish the reduction under section 270 (1) in damages for compensation paid, the claimant or insurer may apply to—\nthe court in which the proceeding is brought; or\nif a proceeding has not been started—the Industrial Magistrates Court.\nThe court’s decision is binding on the insurer and all persons entitled to payment by the insurer for the injury.\n(sec.271-ssec.1) This section applies if— damages are awarded for an injury; or damages are to be paid in settlement of a claim for an injury.\n(sec.271-ssec.2) To establish the reduction under section 270 (1) in damages for compensation paid, the claimant or insurer may apply to— the court in which the proceeding is brought; or if a proceeding has not been started—the Industrial Magistrates Court.\n(sec.271-ssec.3) The court’s decision is binding on the insurer and all persons entitled to payment by the insurer for the injury.\n- (a) damages are awarded for an injury; or\n- (b) damages are to be paid in settlement of a claim for an injury.\n- (a) the court in which the proceeding is brought; or\n- (b) if a proceeding has not been started—the Industrial Magistrates Court.","sortOrder":501},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":"Pre-court procedures","content":"# Pre-court procedures","sortOrder":502},{"sectionNumber":"sec.273","sectionType":"section","heading":"Object of pt 5","content":"### sec.273 Object of pt 5\n\nThe object of this part is to facilitate the just and expeditious resolution of the real issues in a claim for damages at a minimum of expense.","sortOrder":503},{"sectionNumber":"sec.274","sectionType":"section","heading":"Overriding obligations of parties","content":"### sec.274 Overriding obligations of parties\n\nIn accordance with the object of this part, this part is to be applied by the parties to avoid undue delay, expense and technicality and to facilitate the object.\nA party impliedly undertakes to other parties to proceed in an expeditious way.\nA court may impose appropriate sanctions if a party does not comply with a provision of this part.\n(sec.274-ssec.1) In accordance with the object of this part, this part is to be applied by the parties to avoid undue delay, expense and technicality and to facilitate the object.\n(sec.274-ssec.2) A party impliedly undertakes to other parties to proceed in an expeditious way.\n(sec.274-ssec.3) A court may impose appropriate sanctions if a party does not comply with a provision of this part.","sortOrder":504},{"sectionNumber":"sec.275","sectionType":"section","heading":"Notice of claim for damages","content":"### sec.275 Notice of claim for damages\n\nBefore starting a proceeding in a court for damages, a claimant must give notice under this section within the period mentioned in section 302 (1) .\nThe claimant must—\ngive the notice of claim in the approved form to the insurer at the insurer’s registered office; and\nif the worker’s employer is not a self-insurer, give a copy of the notice of claim to the worker’s employer.\nThe notice must include the particulars prescribed under a regulation.\nThe claimant must state in the notice—\nwhether, and to what extent, liability expressed as a percentage is admitted for the injury; or\na statement of the reasons why the claimant can not admit liability.\nSee also section 232V .\nAny statement made by the claimant in the notice that is in the claimant’s personal knowledge must be verified by statutory declaration.\nThe notice must be accompanied by a genuine offer of settlement or a statement of the reasons why an offer of settlement can not yet be made.\nThe notice must be accompanied by the claimant’s written authority allowing the insurer to obtain information, including copies of documents relevant to the claim, and in the possession of—\na hospital; or\nthe ambulance service of the State or another State; or\na doctor, provider of treatment or rehabilitation services or person qualified to assess cognitive, functional or vocational capacity; or\nthe employer or a previous employer; or\npersons that carry on the business of providing workers’ compensation insurance, compulsory third party insurance, personal accident or illness insurance, insurance against loss of income through disability, superannuation funds or any other type of insurance; or\na department, agency or instrumentality of the Commonwealth or the State; or\na solicitor, other than where giving the information or documents would breach legal professional privilege.\nIf a law practice is retained by the claimant to act in relation to the claim, the notice must be accompanied by—\na law practice certificate, or a copy of a law practice certificate, for the claim from the supervising principal of the law practice given under section 325H , 325I or 325J ; and\nif the claimant has received a copy of a law practice certificate for the claim under section 325M (2) (b) —the copy of the certificate.\nThe notice must also be accompanied by copies of all documents supporting the claim including, but not limited to—\nhospital, medical and other reports relating to the injury sustained by the worker, other than reports obtained by or on behalf of the insurer; and\nincome tax returns, group certificates and other documents for the 3 years immediately before the injury supporting the claimant’s claim for lost earnings or diminution of income-earning capacity; and\ninvoices, accounts, receipts and other documents evidencing the claimant’s claim for out-of-pocket expenses; and\nfor a claimant other than a worker with a terminal condition or a dependant—the notice of assessment for the injury sustained by the worker.\ns 275 amd 2013 No. 52 s 25 (retro); 2016 No. 44 s 35 ; 2022 No. 13 s 59\n(sec.275-ssec.1) Before starting a proceeding in a court for damages, a claimant must give notice under this section within the period mentioned in section 302 (1) .\n(sec.275-ssec.2) The claimant must— give the notice of claim in the approved form to the insurer at the insurer’s registered office; and if the worker’s employer is not a self-insurer, give a copy of the notice of claim to the worker’s employer.\n(sec.275-ssec.3) The notice must include the particulars prescribed under a regulation.\n(sec.275-ssec.4) The claimant must state in the notice— whether, and to what extent, liability expressed as a percentage is admitted for the injury; or a statement of the reasons why the claimant can not admit liability. See also section 232V .\n(sec.275-ssec.5) Any statement made by the claimant in the notice that is in the claimant’s personal knowledge must be verified by statutory declaration.\n(sec.275-ssec.6) The notice must be accompanied by a genuine offer of settlement or a statement of the reasons why an offer of settlement can not yet be made.\n(sec.275-ssec.7) The notice must be accompanied by the claimant’s written authority allowing the insurer to obtain information, including copies of documents relevant to the claim, and in the possession of— a hospital; or the ambulance service of the State or another State; or a doctor, provider of treatment or rehabilitation services or person qualified to assess cognitive, functional or vocational capacity; or the employer or a previous employer; or persons that carry on the business of providing workers’ compensation insurance, compulsory third party insurance, personal accident or illness insurance, insurance against loss of income through disability, superannuation funds or any other type of insurance; or a department, agency or instrumentality of the Commonwealth or the State; or a solicitor, other than where giving the information or documents would breach legal professional privilege.\n(sec.275-ssec.7A) If a law practice is retained by the claimant to act in relation to the claim, the notice must be accompanied by— a law practice certificate, or a copy of a law practice certificate, for the claim from the supervising principal of the law practice given under section 325H , 325I or 325J ; and if the claimant has received a copy of a law practice certificate for the claim under section 325M (2) (b) —the copy of the certificate.\n(sec.275-ssec.8) The notice must also be accompanied by copies of all documents supporting the claim including, but not limited to— hospital, medical and other reports relating to the injury sustained by the worker, other than reports obtained by or on behalf of the insurer; and income tax returns, group certificates and other documents for the 3 years immediately before the injury supporting the claimant’s claim for lost earnings or diminution of income-earning capacity; and invoices, accounts, receipts and other documents evidencing the claimant’s claim for out-of-pocket expenses; and for a claimant other than a worker with a terminal condition or a dependant—the notice of assessment for the injury sustained by the worker.\n- (a) give the notice of claim in the approved form to the insurer at the insurer’s registered office; and\n- (b) if the worker’s employer is not a self-insurer, give a copy of the notice of claim to the worker’s employer.\n- (a) whether, and to what extent, liability expressed as a percentage is admitted for the injury; or\n- (b) a statement of the reasons why the claimant can not admit liability.\n- (a) a hospital; or\n- (b) the ambulance service of the State or another State; or\n- (c) a doctor, provider of treatment or rehabilitation services or person qualified to assess cognitive, functional or vocational capacity; or\n- (d) the employer or a previous employer; or\n- (e) persons that carry on the business of providing workers’ compensation insurance, compulsory third party insurance, personal accident or illness insurance, insurance against loss of income through disability, superannuation funds or any other type of insurance; or\n- (f) a department, agency or instrumentality of the Commonwealth or the State; or\n- (g) a solicitor, other than where giving the information or documents would breach legal professional privilege.\n- (a) a law practice certificate, or a copy of a law practice certificate, for the claim from the supervising principal of the law practice given under section 325H , 325I or 325J ; and\n- (b) if the claimant has received a copy of a law practice certificate for the claim under section 325M (2) (b) —the copy of the certificate.\n- (a) hospital, medical and other reports relating to the injury sustained by the worker, other than reports obtained by or on behalf of the insurer; and\n- (b) income tax returns, group certificates and other documents for the 3 years immediately before the injury supporting the claimant’s claim for lost earnings or diminution of income-earning capacity; and\n- (c) invoices, accounts, receipts and other documents evidencing the claimant’s claim for out-of-pocket expenses; and\n- (d) for a claimant other than a worker with a terminal condition or a dependant—the notice of assessment for the injury sustained by the worker.","sortOrder":505},{"sectionNumber":"sec.276","sectionType":"section","heading":"Noncompliance with s 275 and urgent proceedings","content":"### sec.276 Noncompliance with s 275 and urgent proceedings\n\nThe purpose of this section is to enable a claimant to avoid the need to bring an application under section 298 .\nWithout limiting section 297 or 298 , if the claimant alleges an urgent need to start a proceeding for damages despite noncompliance with section 275 , the claimant must, in the claimant’s notice of claim—\nstate the reasons for the urgency and the need to start the proceeding; and\nask the insurer to waive compliance with the requirements of section 275 .\nThe claimant’s lawyer may sign the notice of claim on the claimant’s behalf if it is not reasonably practicable for the claimant to do so.\nThe claimant’s notice of claim may be given by fax in the way provided for under a regulation.\nThe insurer must, before the end of 3 business days after receiving the notice of claim, advise the claimant that the insurer agrees or does not agree that there is an urgent need to start a proceeding for damages.\nIf the insurer agrees that there is an urgent need to start a proceeding for damages, the insurer may, in the advice to the claimant under subsection (5) , impose the conditions the insurer considers necessary or appropriate to satisfy the insurer to waive compliance under section 278 (2) (b) .\nThe claimant must comply with the conditions within a reasonable time that is agreed between the insurer and the claimant.\nThe claimant’s agreement to comply with the conditions is taken to satisfy section 302 (2) (a) (ii) .\ns 276 amd 2013 No. 52 s 56 sch 1 (retro)\n(sec.276-ssec.1) The purpose of this section is to enable a claimant to avoid the need to bring an application under section 298 .\n(sec.276-ssec.2) Without limiting section 297 or 298 , if the claimant alleges an urgent need to start a proceeding for damages despite noncompliance with section 275 , the claimant must, in the claimant’s notice of claim— state the reasons for the urgency and the need to start the proceeding; and ask the insurer to waive compliance with the requirements of section 275 .\n(sec.276-ssec.3) The claimant’s lawyer may sign the notice of claim on the claimant’s behalf if it is not reasonably practicable for the claimant to do so.\n(sec.276-ssec.4) The claimant’s notice of claim may be given by fax in the way provided for under a regulation.\n(sec.276-ssec.5) The insurer must, before the end of 3 business days after receiving the notice of claim, advise the claimant that the insurer agrees or does not agree that there is an urgent need to start a proceeding for damages.\n(sec.276-ssec.6) If the insurer agrees that there is an urgent need to start a proceeding for damages, the insurer may, in the advice to the claimant under subsection (5) , impose the conditions the insurer considers necessary or appropriate to satisfy the insurer to waive compliance under section 278 (2) (b) .\n(sec.276-ssec.7) The claimant must comply with the conditions within a reasonable time that is agreed between the insurer and the claimant.\n(sec.276-ssec.8) The claimant’s agreement to comply with the conditions is taken to satisfy section 302 (2) (a) (ii) .\n- (a) state the reasons for the urgency and the need to start the proceeding; and\n- (b) ask the insurer to waive compliance with the requirements of section 275 .","sortOrder":506},{"sectionNumber":"sec.277","sectionType":"section","heading":"Claimant to tell insurer of change to information in notice of claim","content":"### sec.277 Claimant to tell insurer of change to information in notice of claim\n\nThe claimant must give the insurer written notice of any significant change in relation to the information given in the notice of claim.\nThe notice must also state the date of, and reasons for, the change in the information.\n(sec.277-ssec.1) The claimant must give the insurer written notice of any significant change in relation to the information given in the notice of claim.\n(sec.277-ssec.2) The notice must also state the date of, and reasons for, the change in the information.","sortOrder":507},{"sectionNumber":"sec.278","sectionType":"section","heading":"Response to notice of claim","content":"### sec.278 Response to notice of claim\n\nThis section applies if a notice of claim is given to an insurer.\nThe insurer must, within 10 business days after receiving the notice, give the claimant written notice—\nstating whether the insurer is satisfied that the notice of claim is a complying notice of claim; and\nif there is an urgent need to start a proceeding—stating that the insurer is only willing to waive compliance with the requirements if the claimant agrees to satisfy conditions imposed by the insurer under section 276 ; and\nif the insurer is not so satisfied—identifying the noncompliance and stating whether the insurer waives compliance with the requirements; and\nif the insurer does not waive compliance with the requirements—allowing the claimant a reasonable period of at least 10 business days either to satisfy the insurer that the claimant has complied with the requirements or to take reasonable action to remedy the noncompliance; and\nstating whether the insurer is prepared, without admitting liability on the claim, to meet the cost of the claimant’s reasonable and appropriate rehabilitation.\nIf the insurer is not prepared to waive compliance with the requirements in the first instance, the insurer must, within 10 business days after the end of the period specified in subsection (2) (d) , give the claimant written notice stating that—\nthe insurer—\nis satisfied the claimant has complied with the relevant requirements; or\nis satisfied with the action taken by the claimant to remedy the noncompliance; or\nwaives the noncompliance; or\nthe insurer is not satisfied that the claimant has taken reasonable action to remedy the noncompliance, with full particulars of the noncompliance and the claimant’s failure to remedy it.\nIf the insurer does not give the written notice mentioned in subsection (2) within 10 business days after receiving the notice of claim, the notice of claim is taken to be a complying notice of claim.\nThe insurer must, within 5 business days after receiving a complying notice of claim or waiving noncompliance with the requirements of section 275 , advise the employer or employers against whom negligence is alleged.\ns 278 amd 2004 No. 45 s 3 sch ; 2013 No. 52 s 78\n(sec.278-ssec.1) This section applies if a notice of claim is given to an insurer.\n(sec.278-ssec.2) The insurer must, within 10 business days after receiving the notice, give the claimant written notice— stating whether the insurer is satisfied that the notice of claim is a complying notice of claim; and if there is an urgent need to start a proceeding—stating that the insurer is only willing to waive compliance with the requirements if the claimant agrees to satisfy conditions imposed by the insurer under section 276 ; and if the insurer is not so satisfied—identifying the noncompliance and stating whether the insurer waives compliance with the requirements; and if the insurer does not waive compliance with the requirements—allowing the claimant a reasonable period of at least 10 business days either to satisfy the insurer that the claimant has complied with the requirements or to take reasonable action to remedy the noncompliance; and stating whether the insurer is prepared, without admitting liability on the claim, to meet the cost of the claimant’s reasonable and appropriate rehabilitation.\n(sec.278-ssec.3) If the insurer is not prepared to waive compliance with the requirements in the first instance, the insurer must, within 10 business days after the end of the period specified in subsection (2) (d) , give the claimant written notice stating that— the insurer— is satisfied the claimant has complied with the relevant requirements; or is satisfied with the action taken by the claimant to remedy the noncompliance; or waives the noncompliance; or the insurer is not satisfied that the claimant has taken reasonable action to remedy the noncompliance, with full particulars of the noncompliance and the claimant’s failure to remedy it.\n(sec.278-ssec.4) If the insurer does not give the written notice mentioned in subsection (2) within 10 business days after receiving the notice of claim, the notice of claim is taken to be a complying notice of claim.\n(sec.278-ssec.5) The insurer must, within 5 business days after receiving a complying notice of claim or waiving noncompliance with the requirements of section 275 , advise the employer or employers against whom negligence is alleged.\n- (a) stating whether the insurer is satisfied that the notice of claim is a complying notice of claim; and\n- (b) if there is an urgent need to start a proceeding—stating that the insurer is only willing to waive compliance with the requirements if the claimant agrees to satisfy conditions imposed by the insurer under section 276 ; and\n- (c) if the insurer is not so satisfied—identifying the noncompliance and stating whether the insurer waives compliance with the requirements; and\n- (d) if the insurer does not waive compliance with the requirements—allowing the claimant a reasonable period of at least 10 business days either to satisfy the insurer that the claimant has complied with the requirements or to take reasonable action to remedy the noncompliance; and\n- (e) stating whether the insurer is prepared, without admitting liability on the claim, to meet the cost of the claimant’s reasonable and appropriate rehabilitation.\n- (a) the insurer— (i) is satisfied the claimant has complied with the relevant requirements; or (ii) is satisfied with the action taken by the claimant to remedy the noncompliance; or (iii) waives the noncompliance; or\n- (i) is satisfied the claimant has complied with the relevant requirements; or\n- (ii) is satisfied with the action taken by the claimant to remedy the noncompliance; or\n- (iii) waives the noncompliance; or\n- (b) the insurer is not satisfied that the claimant has taken reasonable action to remedy the noncompliance, with full particulars of the noncompliance and the claimant’s failure to remedy it.\n- (i) is satisfied the claimant has complied with the relevant requirements; or\n- (ii) is satisfied with the action taken by the claimant to remedy the noncompliance; or\n- (iii) waives the noncompliance; or","sortOrder":508},{"sectionNumber":"sec.278A","sectionType":"section","heading":"Insurer may add other person as contributor","content":"### sec.278A Insurer may add other person as contributor\n\nAn insurer who receives a notice of claim may, within the time prescribed under a regulation or, if no period is prescribed, within 20 business days after receiving the notice of claim, add someone else as a contributor for the purposes of this part by giving the person a written notice ( contribution notice )—\nclaiming an indemnity from, or contribution towards—\nthe employer’s liability; and\nthe insurer’s liability; and\nstating the grounds on which the insurer holds the person liable; and\nstating any other information that may be prescribed under a regulation; and\naccompanied by copies of documents about the claim given to or received from any other party under this Act.\nIf the time prescribed under subsection (1) for adding a contributor has ended, an insurer may add someone else as a contributor only with the person’s agreement and with—\nthe agreement of the parties; or\nthe court’s leave.\nIf an insurer adds someone as a contributor under this section, the insurer must give a copy of the contribution notice to each other party within the time prescribed under a regulation or, if no period is prescribed, within 5 business days after adding someone as a contributor.\nMaximum penalty for subsection (3) —50 penalty units.\ns 278A ins 2004 No. 45 s 43\n(sec.278A-ssec.1) An insurer who receives a notice of claim may, within the time prescribed under a regulation or, if no period is prescribed, within 20 business days after receiving the notice of claim, add someone else as a contributor for the purposes of this part by giving the person a written notice ( contribution notice )— claiming an indemnity from, or contribution towards— the employer’s liability; and the insurer’s liability; and stating the grounds on which the insurer holds the person liable; and stating any other information that may be prescribed under a regulation; and accompanied by copies of documents about the claim given to or received from any other party under this Act.\n(sec.278A-ssec.2) If the time prescribed under subsection (1) for adding a contributor has ended, an insurer may add someone else as a contributor only with the person’s agreement and with— the agreement of the parties; or the court’s leave.\n(sec.278A-ssec.3) If an insurer adds someone as a contributor under this section, the insurer must give a copy of the contribution notice to each other party within the time prescribed under a regulation or, if no period is prescribed, within 5 business days after adding someone as a contributor. Maximum penalty for subsection (3) —50 penalty units.\n- (a) claiming an indemnity from, or contribution towards— (i) the employer’s liability; and (ii) the insurer’s liability; and\n- (i) the employer’s liability; and\n- (ii) the insurer’s liability; and\n- (b) stating the grounds on which the insurer holds the person liable; and\n- (c) stating any other information that may be prescribed under a regulation; and\n- (d) accompanied by copies of documents about the claim given to or received from any other party under this Act.\n- (i) the employer’s liability; and\n- (ii) the insurer’s liability; and\n- (a) the agreement of the parties; or\n- (b) the court’s leave.","sortOrder":509},{"sectionNumber":"sec.278B","sectionType":"section","heading":"Contributor’s response","content":"### sec.278B Contributor’s response\n\nA contributor must, within the period prescribed under a regulation or, if no period is prescribed, within 20 business days after receiving a contribution notice, give the insurer who gave the contribution notice a written response ( contributor’s response )—\ncontaining a statement of information prescribed under a regulation; and\naccompanied by any documents that may be prescribed under a regulation.\nThe contributor’s response must also state—\nwhether the claim for the contribution or indemnity claimed in the contribution notice is admitted, denied or admitted in part; and\nif the claim for the contribution or indemnity is admitted in part, the extent, expressed as a percentage, to which it is admitted.\nAn admission of liability in the contributor’s response—\nis not binding on the contributor in relation to any other claim; and\nis not binding on the contributor at all if it later appears the admission was induced by fraud.\nIf the insurer requires information provided by a contributor under this section to be verified by statutory declaration, the contributor must verify the information by statutory declaration.\ns 278B ins 2004 No. 45 s 43\n(sec.278B-ssec.1) A contributor must, within the period prescribed under a regulation or, if no period is prescribed, within 20 business days after receiving a contribution notice, give the insurer who gave the contribution notice a written response ( contributor’s response )— containing a statement of information prescribed under a regulation; and accompanied by any documents that may be prescribed under a regulation.\n(sec.278B-ssec.2) The contributor’s response must also state— whether the claim for the contribution or indemnity claimed in the contribution notice is admitted, denied or admitted in part; and if the claim for the contribution or indemnity is admitted in part, the extent, expressed as a percentage, to which it is admitted.\n(sec.278B-ssec.3) An admission of liability in the contributor’s response— is not binding on the contributor in relation to any other claim; and is not binding on the contributor at all if it later appears the admission was induced by fraud.\n(sec.278B-ssec.4) If the insurer requires information provided by a contributor under this section to be verified by statutory declaration, the contributor must verify the information by statutory declaration.\n- (a) containing a statement of information prescribed under a regulation; and\n- (b) accompanied by any documents that may be prescribed under a regulation.\n- (a) whether the claim for the contribution or indemnity claimed in the contribution notice is admitted, denied or admitted in part; and\n- (b) if the claim for the contribution or indemnity is admitted in part, the extent, expressed as a percentage, to which it is admitted.\n- (a) is not binding on the contributor in relation to any other claim; and\n- (b) is not binding on the contributor at all if it later appears the admission was induced by fraud.","sortOrder":510},{"sectionNumber":"sec.279","sectionType":"section","heading":"Parties to cooperate","content":"### sec.279 Parties to cooperate\n\nThe parties must cooperate in relation to a claim, in particular by—\ngiving each other copies of relevant documents about—\nthe circumstances of the event resulting in the injury; and\nthe worker’s injury; and\nthe worker’s prospects of rehabilitation; and\ngiving information reasonably requested by each other party about—\nthe circumstances of the event resulting in the injury; and\nthe nature of the injury and of any impairment or financial loss resulting from the injury; and\nif applicable—the medical treatment and rehabilitation the worker has sought from, or been provided with, by the worker’s employer or the insurer; and\nthe worker’s medical history, as far as it is relevant to the claim; and\nany applications for compensation made by the claimant or worker for any injury resulting from the same event.\nSubsection (1) (a) applies to relevant documents that—\nare in the possession of a party; or\nare reasonably required by WorkCover from the worker’s employer under section 280 .\nA claimant and an insurer must give each other copies of the relevant documents within 21 business days after the claimant gives the insurer a notice of claim.\nAn insurer and a contributor must give each other copies of the relevant documents within 21 business days after the insurer gives the contributor a contribution notice.\nA contributor must give the claimant copies of the relevant documents within 21 business days after the insurer gives the contributor a contribution notice.\nIf the relevant documents come into a party’s possession later than the time mentioned in subsection (3) , (3A) or (3B) , a party mentioned in the subsection must give the other party mentioned in the subsection a copy of the relevant documents within 21 business days after they come into the party’s possession.\nA party must respond to a request from another party under subsection (1) (b) within 21 business days after receiving it.\nThis section is subject to section 284 .\nIn this section—\nrelevant documents means reports and other documentary material, including written statements made by the claimant, the worker’s employer, a contributor, or by witnesses.\ns 279 amd 2004 No. 45 s 44 ; 2010 No. 24 s 3 sch\n(sec.279-ssec.1) The parties must cooperate in relation to a claim, in particular by— giving each other copies of relevant documents about— the circumstances of the event resulting in the injury; and the worker’s injury; and the worker’s prospects of rehabilitation; and giving information reasonably requested by each other party about— the circumstances of the event resulting in the injury; and the nature of the injury and of any impairment or financial loss resulting from the injury; and if applicable—the medical treatment and rehabilitation the worker has sought from, or been provided with, by the worker’s employer or the insurer; and the worker’s medical history, as far as it is relevant to the claim; and any applications for compensation made by the claimant or worker for any injury resulting from the same event.\n(sec.279-ssec.2) Subsection (1) (a) applies to relevant documents that— are in the possession of a party; or are reasonably required by WorkCover from the worker’s employer under section 280 .\n(sec.279-ssec.3) A claimant and an insurer must give each other copies of the relevant documents within 21 business days after the claimant gives the insurer a notice of claim.\n(sec.279-ssec.3A) An insurer and a contributor must give each other copies of the relevant documents within 21 business days after the insurer gives the contributor a contribution notice.\n(sec.279-ssec.3B) A contributor must give the claimant copies of the relevant documents within 21 business days after the insurer gives the contributor a contribution notice.\n(sec.279-ssec.3C) If the relevant documents come into a party’s possession later than the time mentioned in subsection (3) , (3A) or (3B) , a party mentioned in the subsection must give the other party mentioned in the subsection a copy of the relevant documents within 21 business days after they come into the party’s possession.\n(sec.279-ssec.4) A party must respond to a request from another party under subsection (1) (b) within 21 business days after receiving it.\n(sec.279-ssec.5) This section is subject to section 284 .\n(sec.279-ssec.6) In this section— relevant documents means reports and other documentary material, including written statements made by the claimant, the worker’s employer, a contributor, or by witnesses.\n- (a) giving each other copies of relevant documents about— (i) the circumstances of the event resulting in the injury; and (ii) the worker’s injury; and (iii) the worker’s prospects of rehabilitation; and\n- (i) the circumstances of the event resulting in the injury; and\n- (ii) the worker’s injury; and\n- (iii) the worker’s prospects of rehabilitation; and\n- (b) giving information reasonably requested by each other party about— (i) the circumstances of the event resulting in the injury; and (ii) the nature of the injury and of any impairment or financial loss resulting from the injury; and (iii) if applicable—the medical treatment and rehabilitation the worker has sought from, or been provided with, by the worker’s employer or the insurer; and (iv) the worker’s medical history, as far as it is relevant to the claim; and (v) any applications for compensation made by the claimant or worker for any injury resulting from the same event.\n- (i) the circumstances of the event resulting in the injury; and\n- (ii) the nature of the injury and of any impairment or financial loss resulting from the injury; and\n- (iii) if applicable—the medical treatment and rehabilitation the worker has sought from, or been provided with, by the worker’s employer or the insurer; and\n- (iv) the worker’s medical history, as far as it is relevant to the claim; and\n- (v) any applications for compensation made by the claimant or worker for any injury resulting from the same event.\n- (i) the circumstances of the event resulting in the injury; and\n- (ii) the worker’s injury; and\n- (iii) the worker’s prospects of rehabilitation; and\n- (i) the circumstances of the event resulting in the injury; and\n- (ii) the nature of the injury and of any impairment or financial loss resulting from the injury; and\n- (iii) if applicable—the medical treatment and rehabilitation the worker has sought from, or been provided with, by the worker’s employer or the insurer; and\n- (iv) the worker’s medical history, as far as it is relevant to the claim; and\n- (v) any applications for compensation made by the claimant or worker for any injury resulting from the same event.\n- (a) are in the possession of a party; or\n- (b) are reasonably required by WorkCover from the worker’s employer under section 280 .","sortOrder":511},{"sectionNumber":"sec.280","sectionType":"section","heading":"Employer to cooperate with WorkCover","content":"### sec.280 Employer to cooperate with WorkCover\n\nAn employer against whom negligence is alleged in connection with a claim must cooperate fully with and give WorkCover all information and access to documents in relation to the claim that WorkCover reasonably requires.\nWorkCover may recover from the employer as a debt in the Industrial Magistrates Court—\nany additional costs reasonably incurred in connection with the claim as a direct result of the employer’s noncompliance with subsection (1) ; and\nto the extent that WorkCover’s interests in connection with the claim have been prejudiced as a direct result of the employer’s noncompliance with subsection (1) —an amount reflecting the extent of WorkCover’s prejudice.\n(sec.280-ssec.1) An employer against whom negligence is alleged in connection with a claim must cooperate fully with and give WorkCover all information and access to documents in relation to the claim that WorkCover reasonably requires.\n(sec.280-ssec.2) WorkCover may recover from the employer as a debt in the Industrial Magistrates Court— any additional costs reasonably incurred in connection with the claim as a direct result of the employer’s noncompliance with subsection (1) ; and to the extent that WorkCover’s interests in connection with the claim have been prejudiced as a direct result of the employer’s noncompliance with subsection (1) —an amount reflecting the extent of WorkCover’s prejudice.\n- (a) any additional costs reasonably incurred in connection with the claim as a direct result of the employer’s noncompliance with subsection (1) ; and\n- (b) to the extent that WorkCover’s interests in connection with the claim have been prejudiced as a direct result of the employer’s noncompliance with subsection (1) —an amount reflecting the extent of WorkCover’s prejudice.","sortOrder":512},{"sectionNumber":"sec.281","sectionType":"section","heading":"Parties to attempt to resolve claim","content":"### sec.281 Parties to attempt to resolve claim\n\nThe parties must endeavour to resolve a claim as quickly as possible.\nThe insurer must give the claimant a written notice under subsection (4) within 6 months after—\nthe insurer receives a complying notice of claim or waives the claimant’s noncompliance with the requirements of section 275 ; or\nthe court makes an order under section 297 ; or\nthe court makes an order under section 298 .\nFor subsection (2) , for a worker with a terminal condition, the insurer must give the claimant the written notice within 3 months.\nThe written notice must—\nstate whether liability in connection with the event to which the claim relates is admitted or denied and—\nif liability is admitted—\nstate whether contributory liability is claimed from the worker or another party; and\nstate the extent, expressed as a percentage, to which liability is admitted; and\nif liability is denied, completely or partly—give particulars of the basis on which liability is denied; and\nstate whether the insurer accepts or rejects any offer of settlement that may be made by the claimant; and\nif the claimant did not make an offer of settlement in the notice of claim or the insurer is rejecting the offer—contain a genuine offer or counter-offer of settlement, or a statement of the reasons why an offer or counter-offer of settlement can not yet be made; and\nbe accompanied by copies of all medical reports, assessments of cognitive, functional or vocational capacity, or other material in the insurer’s possession not previously given to the claimant that may help the claimant to make a proper assessment of the offer.\nThe insurer must, within 5 business days after giving the claimant the written notice, give a copy of the notice to any contributor.\nIf the insurer is WorkCover, WorkCover must also, within 5 business days after giving the claimant the written notice, give a copy of the notice to the worker’s employer.\nThe insurer or the claimant to whom a written offer or counter-offer of settlement is made must respond in writing to the offer within 10 business days after receiving it, indicating acceptance or rejection of the offer, unless a response to the offer is to be made under subsection (4) (b) .\nThe offer or counter-offer of settlement is made on a without prejudice basis and must not be disclosed to a court except on the issue of costs.\nAn admission of liability by an insurer under this section—\nis not binding on the insurer at all if it is later shown at the trial in the proceeding for damages that the claimant has been relevantly guilty of fraud or attempted fraud; and\nis not binding on the insurer at all if it is later shown that liability was admitted because of misrepresentation by any person; and\nis not an admission about the nature and extent of the claimant’s loss or damage or that the claimant has sustained loss or damage, unless it specifically states otherwise; and\ndoes not entitle the claimant to apply for judgment, summary or otherwise, in a court of competent jurisdiction; and\nis confined to damages under the claim.\nIn calculating the period of 6 months mentioned in subsection (2) , any period during which a decision of the insurer relevant to the claim is subject to a review or appeal is not counted.\nIn this section—\ndecision , for subsection (9) , includes failure to make a decision.\nreview or appeal means a review or appeal under chapter 13 that has been started.\ns 281 amd 2004 No. 45 ss 45 , 3 sch\n(sec.281-ssec.1) The parties must endeavour to resolve a claim as quickly as possible.\n(sec.281-ssec.2) The insurer must give the claimant a written notice under subsection (4) within 6 months after— the insurer receives a complying notice of claim or waives the claimant’s noncompliance with the requirements of section 275 ; or the court makes an order under section 297 ; or the court makes an order under section 298 .\n(sec.281-ssec.3) For subsection (2) , for a worker with a terminal condition, the insurer must give the claimant the written notice within 3 months.\n(sec.281-ssec.4) The written notice must— state whether liability in connection with the event to which the claim relates is admitted or denied and— if liability is admitted— state whether contributory liability is claimed from the worker or another party; and state the extent, expressed as a percentage, to which liability is admitted; and if liability is denied, completely or partly—give particulars of the basis on which liability is denied; and state whether the insurer accepts or rejects any offer of settlement that may be made by the claimant; and if the claimant did not make an offer of settlement in the notice of claim or the insurer is rejecting the offer—contain a genuine offer or counter-offer of settlement, or a statement of the reasons why an offer or counter-offer of settlement can not yet be made; and be accompanied by copies of all medical reports, assessments of cognitive, functional or vocational capacity, or other material in the insurer’s possession not previously given to the claimant that may help the claimant to make a proper assessment of the offer.\n(sec.281-ssec.4A) The insurer must, within 5 business days after giving the claimant the written notice, give a copy of the notice to any contributor.\n(sec.281-ssec.5) If the insurer is WorkCover, WorkCover must also, within 5 business days after giving the claimant the written notice, give a copy of the notice to the worker’s employer.\n(sec.281-ssec.6) The insurer or the claimant to whom a written offer or counter-offer of settlement is made must respond in writing to the offer within 10 business days after receiving it, indicating acceptance or rejection of the offer, unless a response to the offer is to be made under subsection (4) (b) .\n(sec.281-ssec.7) The offer or counter-offer of settlement is made on a without prejudice basis and must not be disclosed to a court except on the issue of costs.\n(sec.281-ssec.8) An admission of liability by an insurer under this section— is not binding on the insurer at all if it is later shown at the trial in the proceeding for damages that the claimant has been relevantly guilty of fraud or attempted fraud; and is not binding on the insurer at all if it is later shown that liability was admitted because of misrepresentation by any person; and is not an admission about the nature and extent of the claimant’s loss or damage or that the claimant has sustained loss or damage, unless it specifically states otherwise; and does not entitle the claimant to apply for judgment, summary or otherwise, in a court of competent jurisdiction; and is confined to damages under the claim.\n(sec.281-ssec.9) In calculating the period of 6 months mentioned in subsection (2) , any period during which a decision of the insurer relevant to the claim is subject to a review or appeal is not counted.\n(sec.281-ssec.10) In this section— decision , for subsection (9) , includes failure to make a decision. review or appeal means a review or appeal under chapter 13 that has been started.\n- (a) the insurer receives a complying notice of claim or waives the claimant’s noncompliance with the requirements of section 275 ; or\n- (b) the court makes an order under section 297 ; or\n- (c) the court makes an order under section 298 .\n- (a) state whether liability in connection with the event to which the claim relates is admitted or denied and— (i) if liability is admitted— (A) state whether contributory liability is claimed from the worker or another party; and (B) state the extent, expressed as a percentage, to which liability is admitted; and (ii) if liability is denied, completely or partly—give particulars of the basis on which liability is denied; and\n- (i) if liability is admitted— (A) state whether contributory liability is claimed from the worker or another party; and (B) state the extent, expressed as a percentage, to which liability is admitted; and\n- (A) state whether contributory liability is claimed from the worker or another party; and\n- (B) state the extent, expressed as a percentage, to which liability is admitted; and\n- (ii) if liability is denied, completely or partly—give particulars of the basis on which liability is denied; and\n- (b) state whether the insurer accepts or rejects any offer of settlement that may be made by the claimant; and\n- (c) if the claimant did not make an offer of settlement in the notice of claim or the insurer is rejecting the offer—contain a genuine offer or counter-offer of settlement, or a statement of the reasons why an offer or counter-offer of settlement can not yet be made; and\n- (d) be accompanied by copies of all medical reports, assessments of cognitive, functional or vocational capacity, or other material in the insurer’s possession not previously given to the claimant that may help the claimant to make a proper assessment of the offer.\n- (i) if liability is admitted— (A) state whether contributory liability is claimed from the worker or another party; and (B) state the extent, expressed as a percentage, to which liability is admitted; and\n- (A) state whether contributory liability is claimed from the worker or another party; and\n- (B) state the extent, expressed as a percentage, to which liability is admitted; and\n- (ii) if liability is denied, completely or partly—give particulars of the basis on which liability is denied; and\n- (A) state whether contributory liability is claimed from the worker or another party; and\n- (B) state the extent, expressed as a percentage, to which liability is admitted; and\n- (a) is not binding on the insurer at all if it is later shown at the trial in the proceeding for damages that the claimant has been relevantly guilty of fraud or attempted fraud; and\n- (b) is not binding on the insurer at all if it is later shown that liability was admitted because of misrepresentation by any person; and\n- (c) is not an admission about the nature and extent of the claimant’s loss or damage or that the claimant has sustained loss or damage, unless it specifically states otherwise; and\n- (d) does not entitle the claimant to apply for judgment, summary or otherwise, in a court of competent jurisdiction; and\n- (e) is confined to damages under the claim.","sortOrder":513},{"sectionNumber":"sec.282","sectionType":"section","heading":"Worker to undergo medical examination","content":"### sec.282 Worker to undergo medical examination\n\nAn insurer or a contributor may at any time ask the worker to undergo either or both of the following, whether at 1 time or at different times, at the expense of the insurer or contributor—\na medical examination by a doctor to be selected by the worker from a panel of at least 3 doctors nominated in the request;\nan assessment of cognitive, functional or vocational capacity by a registered person to be selected by the worker from a panel of at least 3 persons with appropriate qualifications and experience nominated in the request.\nThe worker must comply with the request unless it would be unreasonable or unnecessarily repetitious.\nIf 3 doctors or persons with appropriate qualifications and experience are not available for inclusion on a panel, the number on the panel may be reduced to 2.\ns 282 amd 2004 No. 45 ss 46 , 3 sch\n(sec.282-ssec.1) An insurer or a contributor may at any time ask the worker to undergo either or both of the following, whether at 1 time or at different times, at the expense of the insurer or contributor— a medical examination by a doctor to be selected by the worker from a panel of at least 3 doctors nominated in the request; an assessment of cognitive, functional or vocational capacity by a registered person to be selected by the worker from a panel of at least 3 persons with appropriate qualifications and experience nominated in the request.\n(sec.282-ssec.2) The worker must comply with the request unless it would be unreasonable or unnecessarily repetitious.\n(sec.282-ssec.3) If 3 doctors or persons with appropriate qualifications and experience are not available for inclusion on a panel, the number on the panel may be reduced to 2.\n- (a) a medical examination by a doctor to be selected by the worker from a panel of at least 3 doctors nominated in the request;\n- (b) an assessment of cognitive, functional or vocational capacity by a registered person to be selected by the worker from a panel of at least 3 persons with appropriate qualifications and experience nominated in the request.","sortOrder":514},{"sectionNumber":"sec.283","sectionType":"section","heading":"Joint expert reports","content":"### sec.283 Joint expert reports\n\nSome or all of the parties may jointly arrange for an expert report about—\nthe event or events giving rise to the claim; or\nthe worker’s injury; or\nthe worker’s capacity to undertake specific rehabilitation programs; or\nthe worker’s capacity to undertake further work and earn income; or\nany other matter about the claim.\nNone of the parties is under an obligation to agree to a proposal to obtain a report.\nThe person preparing the report must be a person agreed to by the parties and have appropriate qualifications and experience in the relevant field.\nThe person preparing the report must give each party a copy of the report.\nThe cost of obtaining a report is to be paid by the parties in proportions agreed to in writing between them or, in default of agreement, in equal proportions.\nThis section does not prevent a party from obtaining a report other than under this section.\ns 283 amd 2004 No. 45 s 47 ; 2010 No. 24 s 3 sch\n(sec.283-ssec.1) Some or all of the parties may jointly arrange for an expert report about— the event or events giving rise to the claim; or the worker’s injury; or the worker’s capacity to undertake specific rehabilitation programs; or the worker’s capacity to undertake further work and earn income; or any other matter about the claim.\n(sec.283-ssec.2) None of the parties is under an obligation to agree to a proposal to obtain a report.\n(sec.283-ssec.3) The person preparing the report must be a person agreed to by the parties and have appropriate qualifications and experience in the relevant field.\n(sec.283-ssec.4) The person preparing the report must give each party a copy of the report.\n(sec.283-ssec.5) The cost of obtaining a report is to be paid by the parties in proportions agreed to in writing between them or, in default of agreement, in equal proportions.\n(sec.283-ssec.6) This section does not prevent a party from obtaining a report other than under this section.\n- (a) the event or events giving rise to the claim; or\n- (b) the worker’s injury; or\n- (c) the worker’s capacity to undertake specific rehabilitation programs; or\n- (d) the worker’s capacity to undertake further work and earn income; or\n- (e) any other matter about the claim.","sortOrder":515},{"sectionNumber":"sec.284","sectionType":"section","heading":"Nondisclosure of certain material","content":"### sec.284 Nondisclosure of certain material\n\nA party is not obliged to disclose information or a document if the information or document is protected by legal professional privilege.\nHowever, the following must be disclosed even though otherwise protected by legal professional privilege—\ninvestigative reports;\nmedical reports;\nreports relevant to the worker’s rehabilitation;\nrelevant documents mentioned in section 279 , other than correspondence between a party and the party’s lawyer.\nIf an insurer or a contributor has reasonable grounds to suspect a claimant of fraud, the insurer or contributor may withhold from disclosure information, or omit a document or a passage from a document, that—\nwould alert the claimant to the suspicion; or\ncould help further the fraud; or\nthe insurer or contributor believes would meet the requirements of the Right to Information Act 2009 , schedule 3 .\nSubsection (3) applies even if the information or document would, if the subsection did not apply, have to be disclosed under subsection (2) .\nAlso, WorkCover or an employer is not obliged to disclose the estimate of damages calculated by WorkCover for the purpose of premium setting under chapter 2 , part 3 .\ns 284 amd 2004 No. 45 s 48 ; 2009 No. 13 s 213 sch 5\n(sec.284-ssec.1) A party is not obliged to disclose information or a document if the information or document is protected by legal professional privilege.\n(sec.284-ssec.2) However, the following must be disclosed even though otherwise protected by legal professional privilege— investigative reports; medical reports; reports relevant to the worker’s rehabilitation; relevant documents mentioned in section 279 , other than correspondence between a party and the party’s lawyer.\n(sec.284-ssec.3) If an insurer or a contributor has reasonable grounds to suspect a claimant of fraud, the insurer or contributor may withhold from disclosure information, or omit a document or a passage from a document, that— would alert the claimant to the suspicion; or could help further the fraud; or the insurer or contributor believes would meet the requirements of the Right to Information Act 2009 , schedule 3 .\n(sec.284-ssec.4) Subsection (3) applies even if the information or document would, if the subsection did not apply, have to be disclosed under subsection (2) .\n(sec.284-ssec.5) Also, WorkCover or an employer is not obliged to disclose the estimate of damages calculated by WorkCover for the purpose of premium setting under chapter 2 , part 3 .\n- (a) investigative reports;\n- (b) medical reports;\n- (c) reports relevant to the worker’s rehabilitation;\n- (d) relevant documents mentioned in section 279 , other than correspondence between a party and the party’s lawyer.\n- (a) would alert the claimant to the suspicion; or\n- (b) could help further the fraud; or\n- (c) the insurer or contributor believes would meet the requirements of the Right to Information Act 2009 , schedule 3 .","sortOrder":516},{"sectionNumber":"sec.285","sectionType":"section","heading":"Consequence of failure to give information","content":"### sec.285 Consequence of failure to give information\n\nThis section applies if a party fails to comply with a provision of this chapter requiring the party to disclose a document to another party.\nThe document can not be used by the party in a subsequent court proceeding for the claim, or the deciding of the claim, unless the court orders otherwise.\nIf the document comes to the other party’s knowledge, the document may be used by the other party.\ns 285 amd 2004 No. 45 s 49 (amdt could not be given effect); 2005 No. 11 s 60\n(sec.285-ssec.1) This section applies if a party fails to comply with a provision of this chapter requiring the party to disclose a document to another party.\n(sec.285-ssec.2) The document can not be used by the party in a subsequent court proceeding for the claim, or the deciding of the claim, unless the court orders otherwise.\n(sec.285-ssec.3) If the document comes to the other party’s knowledge, the document may be used by the other party.","sortOrder":517},{"sectionNumber":"sec.286","sectionType":"section","heading":"Privilege and duties","content":"### sec.286 Privilege and duties\n\nSubject to this Act, information and documents disclosed under this chapter are protected by the same privileges, and are subject to the same duties, as if disclosed in a proceeding before the Supreme Court.","sortOrder":518},{"sectionNumber":"sec.287","sectionType":"section","heading":"Court’s power to enforce compliance with chapter","content":"### sec.287 Court’s power to enforce compliance with chapter\n\nIf a party fails to comply with a provision of this chapter, a court may order the party to comply with the provision, and may make consequential or ancillary orders that may be necessary or desirable in the circumstances of the case.","sortOrder":519},{"sectionNumber":"ch.5-pt.6","sectionType":"part","heading":"Settlement of claims","content":"# Settlement of claims","sortOrder":520},{"sectionNumber":"ch.5-pt.6-div.1","sectionType":"division","heading":"Compulsory conference","content":"## Compulsory conference","sortOrder":521},{"sectionNumber":"sec.288","sectionType":"section","heading":"Application of div 1","content":"### sec.288 Application of div 1\n\nThis division does not apply to a claim that is otherwise settled by negotiation between the parties.","sortOrder":522},{"sectionNumber":"sec.289","sectionType":"section","heading":"Compulsory conference","content":"### sec.289 Compulsory conference\n\nBefore the claimant starts a proceeding for damages, there must be a conference of the parties (the compulsory conference ).\nAny party may call the compulsory conference.\nThe compulsory conference must be held within 3 months after the insurer gives the claimant a written notice under section 281 .\nHowever, if the parties agree, the conference may be held at a later date.\nIf the insurer is WorkCover, WorkCover must advise the worker’s employer of the time and place of the compulsory conference.\nOn application by a party, the court—\nmay—\nfix the time and place for the compulsory conference; or\ndispense with the compulsory conference for good reason; and\nmay make any other orders the court considers appropriate.\nIn considering whether to dispense with the compulsory conference, the court must take into account the extent of compliance by the parties with their respective obligations in relation to the claim.\nThe claimant in person, a person authorised to settle on the insurer’s behalf and a person authorised to settle on behalf of any contributor must attend the conference and actively participate in an attempt to settle the claim, unless the claimant or person has a reasonable excuse.\nIf it would be unreasonable for all parties to attend at the same place, for example, because of distance or illness, the conference may be conducted by telephone conferencing, videoconferencing or another form of communication that allows reasonably contemporaneous and continuous communication between the parties.\ns 289 amd 2004 No. 45 s 50\n(sec.289-ssec.1) Before the claimant starts a proceeding for damages, there must be a conference of the parties (the compulsory conference ).\n(sec.289-ssec.2) Any party may call the compulsory conference.\n(sec.289-ssec.3) The compulsory conference must be held within 3 months after the insurer gives the claimant a written notice under section 281 .\n(sec.289-ssec.4) However, if the parties agree, the conference may be held at a later date.\n(sec.289-ssec.5) If the insurer is WorkCover, WorkCover must advise the worker’s employer of the time and place of the compulsory conference.\n(sec.289-ssec.6) On application by a party, the court— may— fix the time and place for the compulsory conference; or dispense with the compulsory conference for good reason; and may make any other orders the court considers appropriate.\n(sec.289-ssec.7) In considering whether to dispense with the compulsory conference, the court must take into account the extent of compliance by the parties with their respective obligations in relation to the claim.\n(sec.289-ssec.8) The claimant in person, a person authorised to settle on the insurer’s behalf and a person authorised to settle on behalf of any contributor must attend the conference and actively participate in an attempt to settle the claim, unless the claimant or person has a reasonable excuse.\n(sec.289-ssec.9) If it would be unreasonable for all parties to attend at the same place, for example, because of distance or illness, the conference may be conducted by telephone conferencing, videoconferencing or another form of communication that allows reasonably contemporaneous and continuous communication between the parties.\n- (a) may— (i) fix the time and place for the compulsory conference; or (ii) dispense with the compulsory conference for good reason; and\n- (i) fix the time and place for the compulsory conference; or\n- (ii) dispense with the compulsory conference for good reason; and\n- (b) may make any other orders the court considers appropriate.\n- (i) fix the time and place for the compulsory conference; or\n- (ii) dispense with the compulsory conference for good reason; and","sortOrder":523},{"sectionNumber":"sec.290","sectionType":"section","heading":"Procedure at conference","content":"### sec.290 Procedure at conference\n\nThe compulsory conference may be held with a mediator if all parties agree.\nAn agreement that the compulsory conference is to be held with a mediator must specify how the costs of the mediation are to be borne.\nThe mediator must be a person independent of the parties—\nagreed to by the parties; or\nnominated by the registrar of the court on application under subsection (4) .\nIf the parties are unable to agree on the appointment of a mediator within 21 business days after the date for the compulsory conference is fixed, any party may apply to the registrar of the court for the nomination of a mediator.\ns 290 amd 2004 No. 45 s 51 (1) – (7)\n(sec.290-ssec.1) The compulsory conference may be held with a mediator if all parties agree.\n(sec.290-ssec.2) An agreement that the compulsory conference is to be held with a mediator must specify how the costs of the mediation are to be borne.\n(sec.290-ssec.3) The mediator must be a person independent of the parties— agreed to by the parties; or nominated by the registrar of the court on application under subsection (4) .\n(sec.290-ssec.4) If the parties are unable to agree on the appointment of a mediator within 21 business days after the date for the compulsory conference is fixed, any party may apply to the registrar of the court for the nomination of a mediator.\n- (a) agreed to by the parties; or\n- (b) nominated by the registrar of the court on application under subsection (4) .","sortOrder":524},{"sectionNumber":"sec.290A","sectionType":"section","heading":"Exchange of material for compulsory conference","content":"### sec.290A Exchange of material for compulsory conference\n\nAt least 5 business days before the compulsory conference is to be held, each party must give each other party—\ncopies of all documents not yet given to the party that are relevant and required to be given for the claim; and\na statement verifying that all relevant documents in the possession of the party or the party’s lawyer have been given as required; and\ndetails of the party’s legal representation; and\nif the party has legal representation—a certificate (a certificate of readiness ) signed by the party’s lawyer to the effect that the party is ready for the conference.\nA certificate of readiness must state that—\nthe party is completely ready for the conference; and\nall investigative material required for the conference has been obtained, including witness statements from persons, other than expert witnesses; and\nmedical or other expert reports have been obtained from all persons the party proposes to rely on as expert witnesses at the conference; and\nthe party has complied fully with the party’s obligations to give all other parties material that is relevant and required to be given for the claim; and\nthe party’s lawyer has given the party a statement (a financial statement ) containing the information required under subsection (3) .\nA financial statement must state—\ndetails of the legal costs payable by the party to the party’s lawyer up to the completion of the conference; and\nan estimate of the party’s likely legal costs and net damages if the claim proceeds to trial and is decided by the court; and\nan estimate of the party’s likely legal costs and net damages if the claim is settled without proceeding to trial; and\nthe consequences to the party, in terms of costs, in each of the following cases if the claim proceeds to trial and is decided by the court—\nthe amount of the damages awarded by the court is equal to, or more than, the claimant’s written final offer;\nthe amount of the damages awarded by the court is less than the claimant’s written final offer but equal to, or more than, the insurer’s written final offer;\nthe claim is dismissed, the court makes no award of damages or the amount of the damages awarded by the court is equal to, or less than, the insurer’s written final offer.\nIf the insurer is WorkCover, WorkCover must give a copy of the certificates of readiness and WorkCover’s costs statement to the worker’s employer at least 5 business days before the compulsory conference.\ns 290A ( prev s 290(5)–(9)) amd 2004 No. 45 ss 52 , 3 sch\nrenum and reloc 2004 No. 45 s 51 (8)\namd 2010 No. 24 ss 16 , 3 sch\n(sec.290A-ssec.1) At least 5 business days before the compulsory conference is to be held, each party must give each other party— copies of all documents not yet given to the party that are relevant and required to be given for the claim; and a statement verifying that all relevant documents in the possession of the party or the party’s lawyer have been given as required; and details of the party’s legal representation; and if the party has legal representation—a certificate (a certificate of readiness ) signed by the party’s lawyer to the effect that the party is ready for the conference.\n(sec.290A-ssec.2) A certificate of readiness must state that— the party is completely ready for the conference; and all investigative material required for the conference has been obtained, including witness statements from persons, other than expert witnesses; and medical or other expert reports have been obtained from all persons the party proposes to rely on as expert witnesses at the conference; and the party has complied fully with the party’s obligations to give all other parties material that is relevant and required to be given for the claim; and the party’s lawyer has given the party a statement (a financial statement ) containing the information required under subsection (3) .\n(sec.290A-ssec.3) A financial statement must state— details of the legal costs payable by the party to the party’s lawyer up to the completion of the conference; and an estimate of the party’s likely legal costs and net damages if the claim proceeds to trial and is decided by the court; and an estimate of the party’s likely legal costs and net damages if the claim is settled without proceeding to trial; and the consequences to the party, in terms of costs, in each of the following cases if the claim proceeds to trial and is decided by the court— the amount of the damages awarded by the court is equal to, or more than, the claimant’s written final offer; the amount of the damages awarded by the court is less than the claimant’s written final offer but equal to, or more than, the insurer’s written final offer; the claim is dismissed, the court makes no award of damages or the amount of the damages awarded by the court is equal to, or less than, the insurer’s written final offer.\n(sec.290A-ssec.4) If the insurer is WorkCover, WorkCover must give a copy of the certificates of readiness and WorkCover’s costs statement to the worker’s employer at least 5 business days before the compulsory conference.\n- (a) copies of all documents not yet given to the party that are relevant and required to be given for the claim; and\n- (b) a statement verifying that all relevant documents in the possession of the party or the party’s lawyer have been given as required; and\n- (c) details of the party’s legal representation; and\n- (d) if the party has legal representation—a certificate (a certificate of readiness ) signed by the party’s lawyer to the effect that the party is ready for the conference.\n- (a) the party is completely ready for the conference; and\n- (b) all investigative material required for the conference has been obtained, including witness statements from persons, other than expert witnesses; and\n- (c) medical or other expert reports have been obtained from all persons the party proposes to rely on as expert witnesses at the conference; and\n- (d) the party has complied fully with the party’s obligations to give all other parties material that is relevant and required to be given for the claim; and\n- (e) the party’s lawyer has given the party a statement (a financial statement ) containing the information required under subsection (3) .\n- (a) details of the legal costs payable by the party to the party’s lawyer up to the completion of the conference; and\n- (b) an estimate of the party’s likely legal costs and net damages if the claim proceeds to trial and is decided by the court; and\n- (c) an estimate of the party’s likely legal costs and net damages if the claim is settled without proceeding to trial; and\n- (d) the consequences to the party, in terms of costs, in each of the following cases if the claim proceeds to trial and is decided by the court— (i) the amount of the damages awarded by the court is equal to, or more than, the claimant’s written final offer; (ii) the amount of the damages awarded by the court is less than the claimant’s written final offer but equal to, or more than, the insurer’s written final offer; (iii) the claim is dismissed, the court makes no award of damages or the amount of the damages awarded by the court is equal to, or less than, the insurer’s written final offer.\n- (i) the amount of the damages awarded by the court is equal to, or more than, the claimant’s written final offer;\n- (ii) the amount of the damages awarded by the court is less than the claimant’s written final offer but equal to, or more than, the insurer’s written final offer;\n- (iii) the claim is dismissed, the court makes no award of damages or the amount of the damages awarded by the court is equal to, or less than, the insurer’s written final offer.\n- (i) the amount of the damages awarded by the court is equal to, or more than, the claimant’s written final offer;\n- (ii) the amount of the damages awarded by the court is less than the claimant’s written final offer but equal to, or more than, the insurer’s written final offer;\n- (iii) the claim is dismissed, the court makes no award of damages or the amount of the damages awarded by the court is equal to, or less than, the insurer’s written final offer.","sortOrder":525},{"sectionNumber":"sec.291","sectionType":"section","heading":"Information to be given by party’s lawyer before other type of settlement attempted","content":"### sec.291 Information to be given by party’s lawyer before other type of settlement attempted\n\nBefore settlement of a claim is attempted in a way other than by a compulsory conference, each party’s lawyer must give the party a statement (also a financial statement ) containing the information mentioned in section 290A (3) .\ns 291 amd 2004 No. 45 s 3 sch","sortOrder":526},{"sectionNumber":"sec.292","sectionType":"section","heading":"Parties to make written final offers if claim not settled at compulsory conference","content":"### sec.292 Parties to make written final offers if claim not settled at compulsory conference\n\nThis section applies to the following (each a claim )—\na claim made by the claimant against another party;\na contribution claim relating to the claim made by the claimant.\nIf a claim is not settled at a compulsory conference, each party that has legal capacity to settle the claim must ensure that it makes a written final offer or written final offers at the conference to another or other parties at the conference that would dispose of the claim if the offer or offers were accepted.\nAny 2 or more parties may make a joint written final offer to another party.\nBefore a joint written final offer is made, the parties making the offer must give the party to whom the offer is to be given sufficient notice of the fact that a joint written final offer will be made to enable the party to appropriately respond.\nAlso, if more than 1 claim is the subject of the compulsory conference, a written final offer may be a consolidated written final offer for all the claims made by the claimant.\nA consolidated written final offer must cover all contribution claims relating to all the claims made by the claimant to the extent the party making the offer has legal capacity to settle the contribution claims.\nA consolidated written final offer must detail the portion of the offer applicable to each claim.\nA consolidated written final offer can only be accepted or rejected in full.\nA written final offer must remain open for 10 business days and proceedings must not be started while the offer remains open.\nIf the claimant or insurer brings a proceeding in a court for a claim, the claimant or insurer must, at the start of the proceeding, file at the court a sealed envelope containing a copy of the claimant’s or insurer’s written final offer for the claim.\nA party to proceedings for a claim, other than the party who starts the proceedings, within 10 business days after being served with the legal process that starts the proceeding, must file at the court a sealed envelope containing a copy of the party’s written final offer for the claim.\nThe court must not read an offer filed under subsection (10) or (11) until it has decided the claim relating to the offer.\nThe court must have regard to the filed offer in making a decision about whether it should order that a party to whom an offer was given should pay all or part of—\nthe costs of a party who made the offer; and\nif the claim is a contribution claim—any costs the party who was given the offer is liable to pay to the claimant.\ns 292 amd 2004 No. 45 ss 53 , 3 sch\nsub 2010 No. 24 s 17\n(sec.292-ssec.1) This section applies to the following (each a claim )— a claim made by the claimant against another party; a contribution claim relating to the claim made by the claimant.\n(sec.292-ssec.2) If a claim is not settled at a compulsory conference, each party that has legal capacity to settle the claim must ensure that it makes a written final offer or written final offers at the conference to another or other parties at the conference that would dispose of the claim if the offer or offers were accepted.\n(sec.292-ssec.3) Any 2 or more parties may make a joint written final offer to another party.\n(sec.292-ssec.4) Before a joint written final offer is made, the parties making the offer must give the party to whom the offer is to be given sufficient notice of the fact that a joint written final offer will be made to enable the party to appropriately respond.\n(sec.292-ssec.5) Also, if more than 1 claim is the subject of the compulsory conference, a written final offer may be a consolidated written final offer for all the claims made by the claimant.\n(sec.292-ssec.6) A consolidated written final offer must cover all contribution claims relating to all the claims made by the claimant to the extent the party making the offer has legal capacity to settle the contribution claims.\n(sec.292-ssec.7) A consolidated written final offer must detail the portion of the offer applicable to each claim.\n(sec.292-ssec.8) A consolidated written final offer can only be accepted or rejected in full.\n(sec.292-ssec.9) A written final offer must remain open for 10 business days and proceedings must not be started while the offer remains open.\n(sec.292-ssec.10) If the claimant or insurer brings a proceeding in a court for a claim, the claimant or insurer must, at the start of the proceeding, file at the court a sealed envelope containing a copy of the claimant’s or insurer’s written final offer for the claim.\n(sec.292-ssec.11) A party to proceedings for a claim, other than the party who starts the proceedings, within 10 business days after being served with the legal process that starts the proceeding, must file at the court a sealed envelope containing a copy of the party’s written final offer for the claim.\n(sec.292-ssec.12) The court must not read an offer filed under subsection (10) or (11) until it has decided the claim relating to the offer.\n(sec.292-ssec.13) The court must have regard to the filed offer in making a decision about whether it should order that a party to whom an offer was given should pay all or part of— the costs of a party who made the offer; and if the claim is a contribution claim—any costs the party who was given the offer is liable to pay to the claimant.\n- (a) a claim made by the claimant against another party;\n- (b) a contribution claim relating to the claim made by the claimant.\n- (a) the costs of a party who made the offer; and\n- (b) if the claim is a contribution claim—any costs the party who was given the offer is liable to pay to the claimant.","sortOrder":527},{"sectionNumber":"sec.292A","sectionType":"section","heading":null,"content":"### Section sec.292A\n\ns 292A ins 2004 No. 45 s 54\nom 2010 No. 24 s 17","sortOrder":528},{"sectionNumber":"ch.5-pt.6-div.2","sectionType":"division","heading":"Settlement before court proceedings","content":"## Settlement before court proceedings","sortOrder":529},{"sectionNumber":"sec.293","sectionType":"section","heading":"Settlement of claim for damages","content":"### sec.293 Settlement of claim for damages\n\nIf a claim or contribution claim is settled before the start of a court proceeding, the parties to the settlement must sign a discharge for the claim.\ns 293 amd 2004 No. 45 s 55","sortOrder":530},{"sectionNumber":"ch.5-pt.7","sectionType":"part","heading":"Start of court proceedings","content":"# Start of court proceedings","sortOrder":531},{"sectionNumber":"ch.5-pt.7-div.1","sectionType":"division","heading":"When claimant can start court proceedings","content":"## When claimant can start court proceedings","sortOrder":532},{"sectionNumber":"sec.294","sectionType":"section","heading":"Application of div 1","content":"### sec.294 Application of div 1\n\nThis division states the conditions that must be satisfied before a claimant can start a court proceeding.","sortOrder":533},{"sectionNumber":"sec.295","sectionType":"section","heading":"Compliance necessary before starting proceeding","content":"### sec.295 Compliance necessary before starting proceeding\n\nThe claimant may start a proceeding in a court for damages only if the claimant has complied with—\nthe relevant division under part 2 , to the extent the division imposes a requirement on the person; and\npart 5 , other than as provided by sections 297 and 298 ; and\npart 6 ; and\nsection 296 .\n- (a) the relevant division under part 2 , to the extent the division imposes a requirement on the person; and\n- (b) part 5 , other than as provided by sections 297 and 298 ; and\n- (c) part 6 ; and\n- (d) section 296 .","sortOrder":534},{"sectionNumber":"sec.296","sectionType":"section","heading":"Claimant to have given complying notice of claim or insurer to have waived compliance","content":"### sec.296 Claimant to have given complying notice of claim or insurer to have waived compliance\n\nThe claimant may start the proceeding if any of the following have happened—\nat least 6 months or, for a claimant with a terminal condition or to whom section 302 (1) (b) applies, 3 months have elapsed after—\nthe claimant has given, or is taken to have given, a complying notice of claim; or\nthe insurer has waived the claimant’s noncompliance with the requirements of section 275 with or without conditions; or\nthe court has made an order under section 297 or 298 ;\nthe insurer has admitted liability, but is claiming contributory liability from the claimant, a contributor or another party, and the claimant has given the insurer written notice that the extent of the admission is disputed;\nthe insurer has admitted liability but damages can not be agreed.\ns 296 amd 2004 No. 45 s 56 ; 2013 No. 52 s 26 (retro); 2015 No. 13 s 8 (retro)\n- (a) at least 6 months or, for a claimant with a terminal condition or to whom section 302 (1) (b) applies, 3 months have elapsed after— (i) the claimant has given, or is taken to have given, a complying notice of claim; or (ii) the insurer has waived the claimant’s noncompliance with the requirements of section 275 with or without conditions; or (iii) the court has made an order under section 297 or 298 ;\n- (i) the claimant has given, or is taken to have given, a complying notice of claim; or\n- (ii) the insurer has waived the claimant’s noncompliance with the requirements of section 275 with or without conditions; or\n- (iii) the court has made an order under section 297 or 298 ;\n- (b) the insurer has admitted liability, but is claiming contributory liability from the claimant, a contributor or another party, and the claimant has given the insurer written notice that the extent of the admission is disputed;\n- (c) the insurer has admitted liability but damages can not be agreed.\n- (i) the claimant has given, or is taken to have given, a complying notice of claim; or\n- (ii) the insurer has waived the claimant’s noncompliance with the requirements of section 275 with or without conditions; or\n- (iii) the court has made an order under section 297 or 298 ;","sortOrder":535},{"sectionNumber":"sec.297","sectionType":"section","heading":"Court to have made declaration about noncompliance","content":"### sec.297 Court to have made declaration about noncompliance\n\nSubject to section 296 , the claimant may start the proceeding if the court, on application by the claimant dissatisfied with the insurer’s response under section 278 to a notice of claim, declares that—\nnotice of claim has been given under section 275 ; or\nthe claimant is taken to have remedied noncompliance with the requirements of section 275 .\nA declaration that a claimant is taken to have remedied noncompliance with section 275 may be made on conditions the court considers necessary or appropriate to minimise prejudice to the insurer from the claimant’s failure to comply with the requirements of section 275 .\n(sec.297-ssec.1) Subject to section 296 , the claimant may start the proceeding if the court, on application by the claimant dissatisfied with the insurer’s response under section 278 to a notice of claim, declares that— notice of claim has been given under section 275 ; or the claimant is taken to have remedied noncompliance with the requirements of section 275 .\n(sec.297-ssec.2) A declaration that a claimant is taken to have remedied noncompliance with section 275 may be made on conditions the court considers necessary or appropriate to minimise prejudice to the insurer from the claimant’s failure to comply with the requirements of section 275 .\n- (a) notice of claim has been given under section 275 ; or\n- (b) the claimant is taken to have remedied noncompliance with the requirements of section 275 .","sortOrder":536},{"sectionNumber":"sec.298","sectionType":"section","heading":"Court to have given leave despite noncompliance","content":"### sec.298 Court to have given leave despite noncompliance\n\nSubject to section 296 , the claimant may start the proceeding if the court, on application by the claimant, gives leave to bring the proceeding despite noncompliance with the requirements of section 275 .\nThe order giving leave to bring the proceeding may be made on conditions the court considers necessary or appropriate to minimise prejudice to the insurer from the claimant’s failure to comply with the requirements of section 275 .\n(sec.298-ssec.1) Subject to section 296 , the claimant may start the proceeding if the court, on application by the claimant, gives leave to bring the proceeding despite noncompliance with the requirements of section 275 .\n(sec.298-ssec.2) The order giving leave to bring the proceeding may be made on conditions the court considers necessary or appropriate to minimise prejudice to the insurer from the claimant’s failure to comply with the requirements of section 275 .","sortOrder":537},{"sectionNumber":"sec.299","sectionType":"section","heading":"Other provision for urgent proceedings","content":"### sec.299 Other provision for urgent proceedings\n\nPart 2 , division 3 provides for the urgent starting of proceedings by persons mentioned in section 237 (1) , and for the staying of those proceedings.\ns 299 sub 2013 No. 52 s 27 (retro)","sortOrder":538},{"sectionNumber":"ch.5-pt.7-div.2","sectionType":"division","heading":"Court proceedings","content":"## Court proceedings","sortOrder":539},{"sectionNumber":"sec.300","sectionType":"section","heading":"Carriage of proceedings","content":"### sec.300 Carriage of proceedings\n\nIf a proceeding is brought for damages, the proceeding must be brought against the employer of the injured or deceased worker and not against WorkCover.\nHowever, a proceeding may, and may only, be brought against WorkCover if—\nthe employer was an individual and can not be adequately identified, is dead or can not practically be served; or\nthe employer was a corporation and has been wound up; or\nthe employer was self-insured at the time of the event and WorkCover has since assumed the employer’s liability for the injury.\nIf a claim has not been settled at a compulsory conference, then despite any rule of court, the legal process that starts the proceeding must be served on the employer—\nwithin 60 days after the day the conference was held; or\nwithin the further period that the court orders on the claimant’s application.\nIf the employer is not a self-insurer, legal process that starts the proceeding must be served on WorkCover within 30 days after the employer has been served, and no step may be taken in the proceeding until WorkCover or the self-insurer has been served.\nWorkCover is entitled to conduct for an employer, other than an employer who is a self-insurer, all proceedings taken to enforce the claim or to settle any matter about the claim.\nAn employer who is a self-insurer is entitled to conduct all proceedings taken to enforce the claim or to settle any matter about the claim.\nIn addition to an employer’s obligation under section 280 (1) , the employer, other than an employer who is a self-insurer, immediately on being required by WorkCover to do so, must execute all documents and do everything that WorkCover considers reasonably necessary to allow the proceedings to be conducted by it.\nIf an employer, other than an employer who is a self-insurer—\nis absent from the State or, after reasonable inquiry, can not be found; or\nrefuses, fails or is unable to execute documents mentioned in subsection (7) ;\nWorkCover may execute for the employer all documents that it may require or requires the employer to execute for subsection (7) .\n(sec.300-ssec.1) If a proceeding is brought for damages, the proceeding must be brought against the employer of the injured or deceased worker and not against WorkCover.\n(sec.300-ssec.2) However, a proceeding may, and may only, be brought against WorkCover if— the employer was an individual and can not be adequately identified, is dead or can not practically be served; or the employer was a corporation and has been wound up; or the employer was self-insured at the time of the event and WorkCover has since assumed the employer’s liability for the injury.\n(sec.300-ssec.3) If a claim has not been settled at a compulsory conference, then despite any rule of court, the legal process that starts the proceeding must be served on the employer— within 60 days after the day the conference was held; or within the further period that the court orders on the claimant’s application.\n(sec.300-ssec.4) If the employer is not a self-insurer, legal process that starts the proceeding must be served on WorkCover within 30 days after the employer has been served, and no step may be taken in the proceeding until WorkCover or the self-insurer has been served.\n(sec.300-ssec.5) WorkCover is entitled to conduct for an employer, other than an employer who is a self-insurer, all proceedings taken to enforce the claim or to settle any matter about the claim.\n(sec.300-ssec.6) An employer who is a self-insurer is entitled to conduct all proceedings taken to enforce the claim or to settle any matter about the claim.\n(sec.300-ssec.7) In addition to an employer’s obligation under section 280 (1) , the employer, other than an employer who is a self-insurer, immediately on being required by WorkCover to do so, must execute all documents and do everything that WorkCover considers reasonably necessary to allow the proceedings to be conducted by it.\n(sec.300-ssec.8) If an employer, other than an employer who is a self-insurer— is absent from the State or, after reasonable inquiry, can not be found; or refuses, fails or is unable to execute documents mentioned in subsection (7) ; WorkCover may execute for the employer all documents that it may require or requires the employer to execute for subsection (7) .\n- (a) the employer was an individual and can not be adequately identified, is dead or can not practically be served; or\n- (b) the employer was a corporation and has been wound up; or\n- (c) the employer was self-insured at the time of the event and WorkCover has since assumed the employer’s liability for the injury.\n- (a) within 60 days after the day the conference was held; or\n- (b) within the further period that the court orders on the claimant’s application.\n- (a) is absent from the State or, after reasonable inquiry, can not be found; or\n- (b) refuses, fails or is unable to execute documents mentioned in subsection (7) ;","sortOrder":540},{"sectionNumber":"sec.301","sectionType":"section","heading":"Exclusion of jury trial","content":"### sec.301 Exclusion of jury trial\n\nA proceeding for damages must be decided by a judge without a jury.","sortOrder":541},{"sectionNumber":"sec.302","sectionType":"section","heading":"Alteration of period of limitation","content":"### sec.302 Alteration of period of limitation\n\nA claimant may bring a proceeding for damages for a personal injury—\nwithin the period of limitation (the general limitation period ) allowed for bringing a proceeding for damages for personal injury under the Limitations of Actions Act 1974 ; or\nif schedule 5 provides for a different period for bringing the proceeding—within the period mentioned in schedule 5 .\nA claimant may bring a proceeding for damages for personal injury after the end of the period mentioned in subsection (1) only if—\nbefore the end of that period—\nthe claimant gives, or is taken to have given, a complying notice of claim; or\nthe claimant gives a notice of claim for which the insurer waives compliance with the requirements of section 275 with or without conditions; or\na court makes a declaration under section 297 ; or\na court gives leave under section 298 ; and\nthe claimant complies with section 295 .\nHowever, the proceeding must be brought within 60 days after a compulsory conference for the claim is held.\ns 302 amd 2013 No. 52 s 28 (retro); 2015 No. 13 s 9 (retro)\n(sec.302-ssec.1) A claimant may bring a proceeding for damages for a personal injury— within the period of limitation (the general limitation period ) allowed for bringing a proceeding for damages for personal injury under the Limitations of Actions Act 1974 ; or if schedule 5 provides for a different period for bringing the proceeding—within the period mentioned in schedule 5 .\n(sec.302-ssec.2) A claimant may bring a proceeding for damages for personal injury after the end of the period mentioned in subsection (1) only if— before the end of that period— the claimant gives, or is taken to have given, a complying notice of claim; or the claimant gives a notice of claim for which the insurer waives compliance with the requirements of section 275 with or without conditions; or a court makes a declaration under section 297 ; or a court gives leave under section 298 ; and the claimant complies with section 295 .\n(sec.302-ssec.3) However, the proceeding must be brought within 60 days after a compulsory conference for the claim is held.\n- (a) within the period of limitation (the general limitation period ) allowed for bringing a proceeding for damages for personal injury under the Limitations of Actions Act 1974 ; or\n- (b) if schedule 5 provides for a different period for bringing the proceeding—within the period mentioned in schedule 5 .\n- (a) before the end of that period— (i) the claimant gives, or is taken to have given, a complying notice of claim; or (ii) the claimant gives a notice of claim for which the insurer waives compliance with the requirements of section 275 with or without conditions; or (iii) a court makes a declaration under section 297 ; or (iv) a court gives leave under section 298 ; and\n- (i) the claimant gives, or is taken to have given, a complying notice of claim; or\n- (ii) the claimant gives a notice of claim for which the insurer waives compliance with the requirements of section 275 with or without conditions; or\n- (iii) a court makes a declaration under section 297 ; or\n- (iv) a court gives leave under section 298 ; and\n- (b) the claimant complies with section 295 .\n- (i) the claimant gives, or is taken to have given, a complying notice of claim; or\n- (ii) the claimant gives a notice of claim for which the insurer waives compliance with the requirements of section 275 with or without conditions; or\n- (iii) a court makes a declaration under section 297 ; or\n- (iv) a court gives leave under section 298 ; and","sortOrder":542},{"sectionNumber":"sec.303","sectionType":"section","heading":"Court may have regard to claimant’s noncompliance with s 275 in relation to costs and interest","content":"### sec.303 Court may have regard to claimant’s noncompliance with s 275 in relation to costs and interest\n\nIf a claimant does not comply with the requirements of section 275 , the court before which the claimant brings a proceeding for damages—\non the application of the insurer, may award in the insurer’s favour costs, including legal and investigation costs, reasonably incurred by the insurer because of the claimant’s default; and\nmay award interest in the claimant’s favour for a period for which the claimant was in default but only if the court is satisfied that there is a reasonable excuse for the default.\n- (a) on the application of the insurer, may award in the insurer’s favour costs, including legal and investigation costs, reasonably incurred by the insurer because of the claimant’s default; and\n- (b) may award interest in the claimant’s favour for a period for which the claimant was in default but only if the court is satisfied that there is a reasonable excuse for the default.","sortOrder":543},{"sectionNumber":"sec.304","sectionType":"section","heading":"Court may have regard to compulsory conference","content":"### sec.304 Court may have regard to compulsory conference\n\nA court may have regard to the compulsory conference between the parties in deciding—\nwhether the matter of the damages should be referred to an alternative dispute resolution process; or\ncosts in the proceeding for damages.\n- (a) whether the matter of the damages should be referred to an alternative dispute resolution process; or\n- (b) costs in the proceeding for damages.","sortOrder":544},{"sectionNumber":"ch.5-pt.8","sectionType":"part","heading":"Civil liability","content":"# Civil liability","sortOrder":545},{"sectionNumber":"ch.5-pt.8-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":546},{"sectionNumber":"sec.305","sectionType":"section","heading":"Definitions for pt 8","content":"### sec.305 Definitions for pt 8\n\nIn this part—\nduty means any duty giving rise to a claim for damages, including the following—\na duty of care in tort;\na duty of care under contract that is concurrent and coextensive with a duty of care in tort;\nanother duty under statute or otherwise that is concurrent with a duty of care mentioned in paragraph (a) or (b) .\nduty of care means a duty to take reasonable care or to exercise reasonable skill (or both duties).\ns 305 prev s 305 om 2010 No. 24 s 18\npres s 305 ins 2010 No. 24 s 21\n- (a) a duty of care in tort;\n- (b) a duty of care under contract that is concurrent and coextensive with a duty of care in tort;\n- (c) another duty under statute or otherwise that is concurrent with a duty of care mentioned in paragraph (a) or (b) .","sortOrder":547},{"sectionNumber":"sec.305A","sectionType":"section","heading":"Provisions not to apply to particular injuries","content":"### sec.305A Provisions not to apply to particular injuries\n\nThe provisions of this part other than division 4 , do not apply in relation to deciding liability for injury if the injury resulting from the breach of duty is or includes—\nan injury that is a dust-related condition; or\nan injury resulting from smoking or other use of tobacco products or exposure to tobacco smoke.\nTo remove any doubt, it is declared that a breach of duty mentioned in subsection (1) includes a breach of duty giving rise to a dependency claim.\ns 305A ins 2010 No. 24 s 21\n(sec.305A-ssec.1) The provisions of this part other than division 4 , do not apply in relation to deciding liability for injury if the injury resulting from the breach of duty is or includes— an injury that is a dust-related condition; or an injury resulting from smoking or other use of tobacco products or exposure to tobacco smoke.\n(sec.305A-ssec.2) To remove any doubt, it is declared that a breach of duty mentioned in subsection (1) includes a breach of duty giving rise to a dependency claim.\n- (a) an injury that is a dust-related condition; or\n- (b) an injury resulting from smoking or other use of tobacco products or exposure to tobacco smoke.","sortOrder":548},{"sectionNumber":"ch.5-pt.8-div.2","sectionType":"division","heading":"General standard of care","content":"## General standard of care","sortOrder":549},{"sectionNumber":"sec.305B","sectionType":"section","heading":"General principles","content":"### sec.305B General principles\n\nA person does not breach a duty to take precautions against a risk of injury to a worker unless—\nthe risk was foreseeable (that is, it is a risk of which the person knew or ought reasonably to have known); and\nthe risk was not insignificant; and\nin the circumstances, a reasonable person in the position of the person would have taken the precautions.\nIn deciding whether a reasonable person would have taken precautions against a risk of injury, the court is to consider the following (among other relevant things)—\nthe probability that the injury would occur if care were not taken;\nthe likely seriousness of the injury;\nthe burden of taking precautions to avoid the risk of injury.\ns 305B ins 2010 No. 24 s 21\n(sec.305B-ssec.1) A person does not breach a duty to take precautions against a risk of injury to a worker unless— the risk was foreseeable (that is, it is a risk of which the person knew or ought reasonably to have known); and the risk was not insignificant; and in the circumstances, a reasonable person in the position of the person would have taken the precautions.\n(sec.305B-ssec.2) In deciding whether a reasonable person would have taken precautions against a risk of injury, the court is to consider the following (among other relevant things)— the probability that the injury would occur if care were not taken; the likely seriousness of the injury; the burden of taking precautions to avoid the risk of injury.\n- (a) the risk was foreseeable (that is, it is a risk of which the person knew or ought reasonably to have known); and\n- (b) the risk was not insignificant; and\n- (c) in the circumstances, a reasonable person in the position of the person would have taken the precautions.\n- (a) the probability that the injury would occur if care were not taken;\n- (b) the likely seriousness of the injury;\n- (c) the burden of taking precautions to avoid the risk of injury.","sortOrder":550},{"sectionNumber":"sec.305C","sectionType":"section","heading":"Other principles","content":"### sec.305C Other principles\n\nIn a proceeding relating to liability for a breach of duty—\nthe burden of taking precautions to avoid a risk of injury includes the burden of taking precautions to avoid similar risks of injury for which the person may be responsible; and\nthe fact that a risk of injury could have been avoided by doing something in a different way does not of itself give rise to or affect liability for the way in which the thing was done; and\nthe subsequent taking of action that would (had the action been taken earlier) have avoided a risk of injury does not of itself give rise to or affect liability in relation to the risk and does not of itself constitute an admission of liability in connection with the risk.\ns 305C ins 2010 No. 24 s 21\n- (a) the burden of taking precautions to avoid a risk of injury includes the burden of taking precautions to avoid similar risks of injury for which the person may be responsible; and\n- (b) the fact that a risk of injury could have been avoided by doing something in a different way does not of itself give rise to or affect liability for the way in which the thing was done; and\n- (c) the subsequent taking of action that would (had the action been taken earlier) have avoided a risk of injury does not of itself give rise to or affect liability in relation to the risk and does not of itself constitute an admission of liability in connection with the risk.","sortOrder":551},{"sectionNumber":"ch.5-pt.8-div.3","sectionType":"division","heading":"Causation","content":"## Causation","sortOrder":552},{"sectionNumber":"sec.305D","sectionType":"section","heading":"General principles","content":"### sec.305D General principles\n\nA decision that a breach of duty caused particular injury comprises the following elements—\nthe breach of duty was a necessary condition of the occurrence of the injury ( factual causation );\nit is appropriate for the scope of the liability of the person in breach to extend to the injury so caused ( scope of liability ).\nIn deciding in an exceptional case, in accordance with established principles, whether a breach of duty—being a breach of duty that is established but which can not be established as satisfying subsection (1) (a) —should be accepted as satisfying subsection (1) (a) , the court is to consider (among other relevant things) whether or not and why responsibility for the injury should be imposed on the party in breach.\nIf it is relevant to deciding factual causation to decide what the worker who sustained an injury would have done if the person who was in breach of the duty had not been so in breach—\nthe matter is to be decided subjectively in the light of all relevant circumstances, subject to paragraph (b) ; and\nany statement made by the worker after suffering the injury about what the worker would have done is inadmissible except to the extent (if any) that the statement is against the worker’s interest.\nFor the purpose of deciding the scope of liability, the court is to consider (among other relevant things) whether or not and why responsibility for the injury should be imposed on the party who was in breach of the duty.\ns 305D ins 2010 No. 24 s 21\namd 2024 No. 40 s 65 sch 1\n(sec.305D-ssec.1) A decision that a breach of duty caused particular injury comprises the following elements— the breach of duty was a necessary condition of the occurrence of the injury ( factual causation ); it is appropriate for the scope of the liability of the person in breach to extend to the injury so caused ( scope of liability ).\n(sec.305D-ssec.2) In deciding in an exceptional case, in accordance with established principles, whether a breach of duty—being a breach of duty that is established but which can not be established as satisfying subsection (1) (a) —should be accepted as satisfying subsection (1) (a) , the court is to consider (among other relevant things) whether or not and why responsibility for the injury should be imposed on the party in breach.\n(sec.305D-ssec.3) If it is relevant to deciding factual causation to decide what the worker who sustained an injury would have done if the person who was in breach of the duty had not been so in breach— the matter is to be decided subjectively in the light of all relevant circumstances, subject to paragraph (b) ; and any statement made by the worker after suffering the injury about what the worker would have done is inadmissible except to the extent (if any) that the statement is against the worker’s interest.\n(sec.305D-ssec.4) For the purpose of deciding the scope of liability, the court is to consider (among other relevant things) whether or not and why responsibility for the injury should be imposed on the party who was in breach of the duty.\n- (a) the breach of duty was a necessary condition of the occurrence of the injury ( factual causation );\n- (b) it is appropriate for the scope of the liability of the person in breach to extend to the injury so caused ( scope of liability ).\n- (a) the matter is to be decided subjectively in the light of all relevant circumstances, subject to paragraph (b) ; and\n- (b) any statement made by the worker after suffering the injury about what the worker would have done is inadmissible except to the extent (if any) that the statement is against the worker’s interest.","sortOrder":553},{"sectionNumber":"sec.305E","sectionType":"section","heading":"Onus of proof","content":"### sec.305E Onus of proof\n\nIn deciding liability for a breach of a duty, the worker always bears the onus of proving, on the balance of probabilities, any fact relevant to the issue of causation.\ns 305E ins 2010 No. 24 s 21","sortOrder":554},{"sectionNumber":"ch.5-pt.8-div.4","sectionType":"division","heading":"Contributory negligence","content":"## Contributory negligence","sortOrder":555},{"sectionNumber":"sec.305F","sectionType":"section","heading":"Standard of care in relation to contributory negligence","content":"### sec.305F Standard of care in relation to contributory negligence\n\nThe principles that are applicable in deciding whether a person has breached a duty also apply in deciding whether the worker who sustained an injury has been guilty of contributory negligence in failing to take precautions against the risk of that injury.\nFor that purpose—\nthe standard of care required of the person who sustained an injury is that of a reasonable person in the position of that person; and\nthe matter is to be decided on the basis of what that person knew or ought reasonably to have known at the time.\ns 305F ins 2010 No. 24 s 21\n(sec.305F-ssec.1) The principles that are applicable in deciding whether a person has breached a duty also apply in deciding whether the worker who sustained an injury has been guilty of contributory negligence in failing to take precautions against the risk of that injury.\n(sec.305F-ssec.2) For that purpose— the standard of care required of the person who sustained an injury is that of a reasonable person in the position of that person; and the matter is to be decided on the basis of what that person knew or ought reasonably to have known at the time.\n- (a) the standard of care required of the person who sustained an injury is that of a reasonable person in the position of that person; and\n- (b) the matter is to be decided on the basis of what that person knew or ought reasonably to have known at the time.","sortOrder":556},{"sectionNumber":"sec.305G","sectionType":"section","heading":"Contributory negligence can defeat claim","content":"### sec.305G Contributory negligence can defeat claim\n\nIn deciding the extent of a reduction in damages by reason of contributory negligence, a court may decide a reduction of 100% if the court considers it just and equitable to do so, with the result that the claim for damages is defeated.\ns 305G ins 2010 No. 24 s 21","sortOrder":557},{"sectionNumber":"sec.305H","sectionType":"section","heading":"Contributory negligence","content":"### sec.305H Contributory negligence\n\nA court may make a finding of contributory negligence if the worker relevantly—\nfailed to comply, so far as was practicable, with instructions given by the worker’s employer for the health and safety of the worker or other persons; or\nfailed at the material time to use, so far as was practicable, protective clothing and equipment provided, or provided for, by the worker’s employer, in a way in which the worker had been properly instructed to use them; or\nfailed at the material time to use, so far as was practicable, anything provided that was designed to reduce the worker’s exposure to risk of injury; or\ninappropriately interfered with or misused something provided that was designed to reduce the worker’s exposure to risk of injury; or\nwas adversely affected by the intentional consumption of a substance that induces impairment; or\nundertook an activity involving obvious risk or failed, at the material time, so far as was practicable, to take account of obvious risk; or\nfailed, without reasonable excuse, to attend safety training organised by the worker’s employer that was conducted during normal working hours at which the information given would probably have enabled the worker to avoid, or minimise the effects of, the event resulting in the worker’s injury.\nSubsection (1) does not limit the discretion of a court to make a finding of contributory negligence in any other circumstances.\nWithout limiting subsection (2) , subsection (1) (f) does not limit the discretion of a court to make a finding of contributory negligence if the worker—\nundertook an activity involving risk that was less than obvious; or\nfailed, at the material time, so far as was practicable, to take account of risk that was less than obvious.\ns 305H (prev s 307) amd 2010 No. 24 s 22 (1) – (3)\nrenum and reloc 2010 No. 24 s 22 (4)\n(sec.305H-ssec.1) A court may make a finding of contributory negligence if the worker relevantly— failed to comply, so far as was practicable, with instructions given by the worker’s employer for the health and safety of the worker or other persons; or failed at the material time to use, so far as was practicable, protective clothing and equipment provided, or provided for, by the worker’s employer, in a way in which the worker had been properly instructed to use them; or failed at the material time to use, so far as was practicable, anything provided that was designed to reduce the worker’s exposure to risk of injury; or inappropriately interfered with or misused something provided that was designed to reduce the worker’s exposure to risk of injury; or was adversely affected by the intentional consumption of a substance that induces impairment; or undertook an activity involving obvious risk or failed, at the material time, so far as was practicable, to take account of obvious risk; or failed, without reasonable excuse, to attend safety training organised by the worker’s employer that was conducted during normal working hours at which the information given would probably have enabled the worker to avoid, or minimise the effects of, the event resulting in the worker’s injury.\n(sec.305H-ssec.2) Subsection (1) does not limit the discretion of a court to make a finding of contributory negligence in any other circumstances.\n(sec.305H-ssec.3) Without limiting subsection (2) , subsection (1) (f) does not limit the discretion of a court to make a finding of contributory negligence if the worker— undertook an activity involving risk that was less than obvious; or failed, at the material time, so far as was practicable, to take account of risk that was less than obvious.\n- (a) failed to comply, so far as was practicable, with instructions given by the worker’s employer for the health and safety of the worker or other persons; or\n- (b) failed at the material time to use, so far as was practicable, protective clothing and equipment provided, or provided for, by the worker’s employer, in a way in which the worker had been properly instructed to use them; or\n- (c) failed at the material time to use, so far as was practicable, anything provided that was designed to reduce the worker’s exposure to risk of injury; or\n- (d) inappropriately interfered with or misused something provided that was designed to reduce the worker’s exposure to risk of injury; or\n- (e) was adversely affected by the intentional consumption of a substance that induces impairment; or\n- (f) undertook an activity involving obvious risk or failed, at the material time, so far as was practicable, to take account of obvious risk; or\n- (g) failed, without reasonable excuse, to attend safety training organised by the worker’s employer that was conducted during normal working hours at which the information given would probably have enabled the worker to avoid, or minimise the effects of, the event resulting in the worker’s injury.\n- (a) undertook an activity involving risk that was less than obvious; or\n- (b) failed, at the material time, so far as was practicable, to take account of risk that was less than obvious.","sortOrder":558},{"sectionNumber":"sec.305I","sectionType":"section","heading":"Meaning of obvious risk for s 305H","content":"### sec.305I Meaning of obvious risk for s 305H\n\nFor section 305H , an obvious risk to a worker who sustains an injury is a risk that, in the circumstances, would have been obvious to a reasonable person in the position of the worker.\nObvious risks include risks that are patent or a matter of common knowledge.\nA risk of something occurring can be an obvious risk even though it has a low probability of occurring.\nA risk can be an obvious risk even if the risk (or a condition or circumstance that gives rise to the risk) is not prominent, conspicuous or physically observable.\nTo remove any doubt, it is declared that a risk from a thing, including a living thing, is not an obvious risk if the risk is created because of a failure on the part of a person to properly operate, maintain, replace, prepare or care for the thing, unless the failure itself is an obvious risk.\ns 305I ins 2010 No. 24 s 21\n(sec.305I-ssec.1) For section 305H , an obvious risk to a worker who sustains an injury is a risk that, in the circumstances, would have been obvious to a reasonable person in the position of the worker.\n(sec.305I-ssec.2) Obvious risks include risks that are patent or a matter of common knowledge.\n(sec.305I-ssec.3) A risk of something occurring can be an obvious risk even though it has a low probability of occurring.\n(sec.305I-ssec.4) A risk can be an obvious risk even if the risk (or a condition or circumstance that gives rise to the risk) is not prominent, conspicuous or physically observable.\n(sec.305I-ssec.5) To remove any doubt, it is declared that a risk from a thing, including a living thing, is not an obvious risk if the risk is created because of a failure on the part of a person to properly operate, maintain, replace, prepare or care for the thing, unless the failure itself is an obvious risk.","sortOrder":559},{"sectionNumber":"sec.305J","sectionType":"section","heading":"Presumption of contributory negligence if person who suffers injury is intoxicated","content":"### sec.305J Presumption of contributory negligence if person who suffers injury is intoxicated\n\nThis section applies if a worker who sustained an injury was intoxicated at the time of the breach of duty giving rise to a claim for damages and contributory negligence is alleged against the worker.\nContributory negligence will, subject to this section, be presumed.\nThe worker may only rebut the presumption by establishing on the balance of probabilities—\nthat the intoxication did not contribute to the breach of duty; or\nthat the intoxication was not self-induced.\nUnless the worker rebuts the presumption of contributory negligence, the court must assess damages on the basis that the damages to which the worker would be entitled in the absence of contributory negligence are to be reduced, on account of contributory negligence, by 25% or a greater percentage decided by the court to be appropriate in the circumstances of the case.\nIf, in the case of a motor vehicle accident, the worker who sustained an injury was the driver of a motor vehicle involved in the accident and the evidence establishes—\nthat the concentration of alcohol in the worker’s blood was 150mg or more of alcohol in 100mL of blood; or\nthat the worker was so much under the influence of alcohol or a drug as to be incapable of exercising effective control of the vehicle;\nthe minimum reduction prescribed by subsection (4) is increased to 50%.\ns 305J ins 2010 No. 24 s 21\n(sec.305J-ssec.1) This section applies if a worker who sustained an injury was intoxicated at the time of the breach of duty giving rise to a claim for damages and contributory negligence is alleged against the worker.\n(sec.305J-ssec.2) Contributory negligence will, subject to this section, be presumed.\n(sec.305J-ssec.3) The worker may only rebut the presumption by establishing on the balance of probabilities— that the intoxication did not contribute to the breach of duty; or that the intoxication was not self-induced.\n(sec.305J-ssec.4) Unless the worker rebuts the presumption of contributory negligence, the court must assess damages on the basis that the damages to which the worker would be entitled in the absence of contributory negligence are to be reduced, on account of contributory negligence, by 25% or a greater percentage decided by the court to be appropriate in the circumstances of the case.\n(sec.305J-ssec.5) If, in the case of a motor vehicle accident, the worker who sustained an injury was the driver of a motor vehicle involved in the accident and the evidence establishes— that the concentration of alcohol in the worker’s blood was 150mg or more of alcohol in 100mL of blood; or that the worker was so much under the influence of alcohol or a drug as to be incapable of exercising effective control of the vehicle; the minimum reduction prescribed by subsection (4) is increased to 50%.\n- (a) that the intoxication did not contribute to the breach of duty; or\n- (b) that the intoxication was not self-induced.\n- (a) that the concentration of alcohol in the worker’s blood was 150mg or more of alcohol in 100mL of blood; or\n- (b) that the worker was so much under the influence of alcohol or a drug as to be incapable of exercising effective control of the vehicle;","sortOrder":560},{"sectionNumber":"sec.305K","sectionType":"section","heading":"Application of contributory negligence for particular injuries","content":"### sec.305K Application of contributory negligence for particular injuries\n\nDespite any other provision of this division, treatment, care and support damages awarded to a worker who is entitled to compensation under chapter 4A for the injury can not be reduced for the worker’s contributory negligence.\ns 305K ins 2016 No. 44 s 36","sortOrder":561},{"sectionNumber":"ch.5-pt.9","sectionType":"part","heading":"Assessment of damages","content":"# Assessment of damages","sortOrder":562},{"sectionNumber":"ch.5-pt.9-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":563},{"sectionNumber":"sec.306","sectionType":"section","heading":"Definitions for pt 9","content":"### sec.306 Definitions for pt 9\n\nIn this part—\nfuture loss means all or any of the following—\nfuture economic loss;\nfuture general expenses;\nfuture medical expenses.\ngeneral damages means damages for all or any of the following—\npain and suffering;\nloss of amenities of life;\nloss of expectation of life;\ndisfigurement.\nloss of earnings means—\npast economic loss due to loss of earnings or the deprivation or impairment of earning capacity; and\nfuture economic loss due to loss of prospective earnings or the deprivation or impairment of prospective earning capacity.\ns 306 prev s 306 om 2010 No. 24 s 20\npres s 306 ins 2010 No. 24 s 21\n- (a) future economic loss;\n- (b) future general expenses;\n- (c) future medical expenses.\n- (a) pain and suffering;\n- (b) loss of amenities of life;\n- (c) loss of expectation of life;\n- (d) disfigurement.\n- (a) past economic loss due to loss of earnings or the deprivation or impairment of earning capacity; and\n- (b) future economic loss due to loss of prospective earnings or the deprivation or impairment of prospective earning capacity.","sortOrder":564},{"sectionNumber":"sec.306A","sectionType":"section","heading":"Provisions not to apply to particular injuries","content":"### sec.306A Provisions not to apply to particular injuries\n\nThe provisions of this part other than division 2 , division 3 , subdivision 1 and division 4 do not apply in relation to deciding awards of damages for injury if the injury resulting from the breach of duty is or includes—\nan injury that is a dust-related condition; or\nan injury resulting from smoking or other use of tobacco products or exposure to tobacco smoke.\nTo remove any doubt, it is declared that a breach of duty mentioned in subsection (1) includes a breach of duty giving rise to a dependency claim.\ns 306A ins 2010 No. 24 s 21\n(sec.306A-ssec.1) The provisions of this part other than division 2 , division 3 , subdivision 1 and division 4 do not apply in relation to deciding awards of damages for injury if the injury resulting from the breach of duty is or includes— an injury that is a dust-related condition; or an injury resulting from smoking or other use of tobacco products or exposure to tobacco smoke.\n(sec.306A-ssec.2) To remove any doubt, it is declared that a breach of duty mentioned in subsection (1) includes a breach of duty giving rise to a dependency claim.\n- (a) an injury that is a dust-related condition; or\n- (b) an injury resulting from smoking or other use of tobacco products or exposure to tobacco smoke.","sortOrder":565},{"sectionNumber":"ch.5-pt.9-div.2","sectionType":"division","heading":"Exemplary damages","content":"## Exemplary damages","sortOrder":566},{"sectionNumber":"sec.306B","sectionType":"section","heading":"Exemplary damages","content":"### sec.306B Exemplary damages\n\nA court can not award exemplary or punitive damages against WorkCover in a claimant’s proceeding for damages.\nHowever, the court may give a separate judgment against an employer for the payment of exemplary or punitive damages if the court considers that the employer’s conduct is so reprehensible that an award of exemplary or punitive damages is justified.\nWorkCover can not indemnify an employer against an award of exemplary or punitive damages.\ns 306B (prev s 309) renum and reloc 2010 No. 24 s 24 (2) – (3)\n(sec.306B-ssec.1) A court can not award exemplary or punitive damages against WorkCover in a claimant’s proceeding for damages.\n(sec.306B-ssec.2) However, the court may give a separate judgment against an employer for the payment of exemplary or punitive damages if the court considers that the employer’s conduct is so reprehensible that an award of exemplary or punitive damages is justified.\n(sec.306B-ssec.3) WorkCover can not indemnify an employer against an award of exemplary or punitive damages.","sortOrder":567},{"sectionNumber":"ch.5-pt.9-div.3","sectionType":"division","heading":"Assessment of damages","content":"## Assessment of damages","sortOrder":568},{"sectionNumber":"sec.306C","sectionType":"section","heading":"Application of sdiv 1","content":"### sec.306C Application of sdiv 1\n\nThis subdivision sets out the principles a court must apply in awarding damages for services that are provided, or are to be provided, to a worker by another person after the worker sustains an injury.\ns 306C (prev s 308) sub 2004 No. 45 s 57\namd 2010 No. 24 s 23 (2) – (3)\nrenum and reloc 2010 No. 24 s 23 (6) – (7)","sortOrder":569},{"sectionNumber":"sec.306D","sectionType":"section","heading":"Definitions for sdiv 1","content":"### sec.306D Definitions for sdiv 1\n\nIn this subdivision—\ngratuitous services means services, other than paid services, that are provided to a worker by a member of the worker’s family or household, or by a friend of the worker.\npaid services means services that are provided to a worker at commercial rates by another person in the person’s professional capacity or in the course of the person’s business.\nservices means services of a domestic, nursing or caring nature.\nassisting with personal hygiene needs\nchanging bandages\ncleaning\ncooking\ndressing wounds\ngardening\nhousekeeping\nmowing the lawn\ns 306D (prev s 308A) ins 2004 No. 45 s 57\namd 2010 No. 24 s 23 (4) – (5)\nrenum and reloc 2010 No. 24 s 23 (6) – (7)\n- • assisting with personal hygiene needs\n- • changing bandages\n- • cleaning\n- • cooking\n- • dressing wounds\n- • gardening\n- • housekeeping\n- • mowing the lawn","sortOrder":570},{"sectionNumber":"sec.306E","sectionType":"section","heading":"Paid services provided to worker before injury","content":"### sec.306E Paid services provided to worker before injury\n\nThis section applies if—\nbefore the worker sustained the injury, the worker was usually provided with particular services that were paid services; and\nafter the worker sustains the injury—\nthe worker is, or is to be, provided with paid services that are substantially of the same kind; or\nthe worker is, or is to be, provided with gratuitous services that are substantially of the same kind.\nA court can not award damages for the cost or value of the services that have been provided to the worker after the worker sustained the injury or that are to be provided to the worker in the future.\ns 306E (prev s 308B) ins 2004 No. 45 s 57\nrenum and reloc 2010 No. 24 s 23 (6) – (7)\n(sec.306E-ssec.1) This section applies if— before the worker sustained the injury, the worker was usually provided with particular services that were paid services; and after the worker sustains the injury— the worker is, or is to be, provided with paid services that are substantially of the same kind; or the worker is, or is to be, provided with gratuitous services that are substantially of the same kind.\n(sec.306E-ssec.2) A court can not award damages for the cost or value of the services that have been provided to the worker after the worker sustained the injury or that are to be provided to the worker in the future.\n- (a) before the worker sustained the injury, the worker was usually provided with particular services that were paid services; and\n- (b) after the worker sustains the injury— (i) the worker is, or is to be, provided with paid services that are substantially of the same kind; or (ii) the worker is, or is to be, provided with gratuitous services that are substantially of the same kind.\n- (i) the worker is, or is to be, provided with paid services that are substantially of the same kind; or\n- (ii) the worker is, or is to be, provided with gratuitous services that are substantially of the same kind.\n- (i) the worker is, or is to be, provided with paid services that are substantially of the same kind; or\n- (ii) the worker is, or is to be, provided with gratuitous services that are substantially of the same kind.","sortOrder":571},{"sectionNumber":"sec.306F","sectionType":"section","heading":"Worker performed services before injury","content":"### sec.306F Worker performed services before injury\n\nThis section applies if—\nbefore the worker sustained the injury, the worker usually performed particular services; and\nafter the worker sustained the injury, the worker is provided with services of substantially the same type (the provided services ); and\nall or part of the provided services are gratuitous services.\nA court can not award damages for the cost or value of—\nthe part of the services that are gratuitous services; or\nservices of substantially the same type as the gratuitous services that are to be provided to the worker in the future as either gratuitous services or paid services.\nHowever, this section does not apply if the court is satisfied that the services mentioned in subsection (2) (a) —\nwere usually provided to the worker as paid services; and\nwere provided as gratuitous services only in exceptional circumstances.\nDuring a 2-year period, paid services were provided to the worker on a weekly basis. However, the provider of the services was on holidays, or otherwise unable to provide the services, on 2 occasions. On those 2 occasions the services were provided as gratuitous services.\ns 306F (prev s 308C) ins 2004 No. 45 s 57\nrenum and reloc 2010 No. 24 s 23 (6) – (7)\nsub 2013 No. 52 s 79\n(sec.306F-ssec.1) This section applies if— before the worker sustained the injury, the worker usually performed particular services; and after the worker sustained the injury, the worker is provided with services of substantially the same type (the provided services ); and all or part of the provided services are gratuitous services.\n(sec.306F-ssec.2) A court can not award damages for the cost or value of— the part of the services that are gratuitous services; or services of substantially the same type as the gratuitous services that are to be provided to the worker in the future as either gratuitous services or paid services.\n(sec.306F-ssec.3) However, this section does not apply if the court is satisfied that the services mentioned in subsection (2) (a) — were usually provided to the worker as paid services; and were provided as gratuitous services only in exceptional circumstances. During a 2-year period, paid services were provided to the worker on a weekly basis. However, the provider of the services was on holidays, or otherwise unable to provide the services, on 2 occasions. On those 2 occasions the services were provided as gratuitous services.\n- (a) before the worker sustained the injury, the worker usually performed particular services; and\n- (b) after the worker sustained the injury, the worker is provided with services of substantially the same type (the provided services ); and\n- (c) all or part of the provided services are gratuitous services.\n- (a) the part of the services that are gratuitous services; or\n- (b) services of substantially the same type as the gratuitous services that are to be provided to the worker in the future as either gratuitous services or paid services.\n- (a) were usually provided to the worker as paid services; and\n- (b) were provided as gratuitous services only in exceptional circumstances. Example of exceptional circumstances for paragraph (b) — During a 2-year period, paid services were provided to the worker on a weekly basis. However, the provider of the services was on holidays, or otherwise unable to provide the services, on 2 occasions. On those 2 occasions the services were provided as gratuitous services.","sortOrder":572},{"sectionNumber":"sec.306G","sectionType":"section","heading":"Gratuitous services provided to worker before injury","content":"### sec.306G Gratuitous services provided to worker before injury\n\nThis section applies if—\nbefore the worker sustained the injury, the worker was usually provided with particular services that were gratuitous services; and\nafter the worker sustains the injury—\nthe worker is, or is to be, provided with paid services of substantially the same type; or\nthe worker is, or is to be, provided with gratuitous services of substantially the same type.\nA court can not award damages for the cost or value of the services that have been provided to the worker after the worker sustained the injury or that are to be provided to the worker in the future.\ns 306G (prev s 308D) ins 2004 No. 45 s 57\nrenum and reloc 2010 No. 24 s 23 (6) – (7)\n(sec.306G-ssec.1) This section applies if— before the worker sustained the injury, the worker was usually provided with particular services that were gratuitous services; and after the worker sustains the injury— the worker is, or is to be, provided with paid services of substantially the same type; or the worker is, or is to be, provided with gratuitous services of substantially the same type.\n(sec.306G-ssec.2) A court can not award damages for the cost or value of the services that have been provided to the worker after the worker sustained the injury or that are to be provided to the worker in the future.\n- (a) before the worker sustained the injury, the worker was usually provided with particular services that were gratuitous services; and\n- (b) after the worker sustains the injury— (i) the worker is, or is to be, provided with paid services of substantially the same type; or (ii) the worker is, or is to be, provided with gratuitous services of substantially the same type.\n- (i) the worker is, or is to be, provided with paid services of substantially the same type; or\n- (ii) the worker is, or is to be, provided with gratuitous services of substantially the same type.\n- (i) the worker is, or is to be, provided with paid services of substantially the same type; or\n- (ii) the worker is, or is to be, provided with gratuitous services of substantially the same type.","sortOrder":573},{"sectionNumber":"sec.306H","sectionType":"section","heading":"Services not required by or provided to worker before injury","content":"### sec.306H Services not required by or provided to worker before injury\n\nThis section applies if—\nbefore the worker sustained the injury, the worker usually did not require or was not usually provided with particular services; and\nafter the worker sustains the injury, the worker is provided with services (the provided services ); and\nall or part of the provided services are gratuitous services.\nA court can not award damages for the cost or value of—\nthe part of the provided services that are gratuitous services; or\nservices of substantially the same type as the gratuitous services that are to be provided to the worker in the future as either gratuitous services or paid services.\nHowever, this section does not apply if the court is satisfied that the services mentioned in subsection (2) (a) were provided as gratuitous services only in exceptional circumstances.\nDuring a 2-year period after the worker sustains the injury, the provided services were provided on a weekly basis. However, the provider of the services was on holidays, or otherwise unable to provide the services, on 2 occasions. On those 2 occasions the services were provided as gratuitous services.\ns 306H (prev s 308E) ins 2004 No. 45 s 57\nrenum and reloc 2010 No. 24 s 23 (6) – (7)\nsub 2013 No. 52 s 80\n(sec.306H-ssec.1) This section applies if— before the worker sustained the injury, the worker usually did not require or was not usually provided with particular services; and after the worker sustains the injury, the worker is provided with services (the provided services ); and all or part of the provided services are gratuitous services.\n(sec.306H-ssec.2) A court can not award damages for the cost or value of— the part of the provided services that are gratuitous services; or services of substantially the same type as the gratuitous services that are to be provided to the worker in the future as either gratuitous services or paid services.\n(sec.306H-ssec.3) However, this section does not apply if the court is satisfied that the services mentioned in subsection (2) (a) were provided as gratuitous services only in exceptional circumstances. During a 2-year period after the worker sustains the injury, the provided services were provided on a weekly basis. However, the provider of the services was on holidays, or otherwise unable to provide the services, on 2 occasions. On those 2 occasions the services were provided as gratuitous services.\n- (a) before the worker sustained the injury, the worker usually did not require or was not usually provided with particular services; and\n- (b) after the worker sustains the injury, the worker is provided with services (the provided services ); and\n- (c) all or part of the provided services are gratuitous services.\n- (a) the part of the provided services that are gratuitous services; or\n- (b) services of substantially the same type as the gratuitous services that are to be provided to the worker in the future as either gratuitous services or paid services.","sortOrder":574},{"sectionNumber":"sec.306I","sectionType":"section","heading":"Damages for loss of earnings","content":"### sec.306I Damages for loss of earnings\n\nIn making an award of damages for loss of earnings, including in a dependency claim, the maximum award a court may make is for an amount equal to the limit fixed by subsection (2) .\nThe limit is an amount equal to the present value of 3 times QOTE per week for each week of the period of loss of earnings.\nIn this section—\npresent value means the value when the award is made.\ns 306I ins 2010 No. 24 s 21\n(sec.306I-ssec.1) In making an award of damages for loss of earnings, including in a dependency claim, the maximum award a court may make is for an amount equal to the limit fixed by subsection (2) .\n(sec.306I-ssec.2) The limit is an amount equal to the present value of 3 times QOTE per week for each week of the period of loss of earnings.\n(sec.306I-ssec.3) In this section— present value means the value when the award is made.","sortOrder":575},{"sectionNumber":"sec.306J","sectionType":"section","heading":"When earnings can not be precisely calculated","content":"### sec.306J When earnings can not be precisely calculated\n\nThis section applies if a court is considering making an award of damages for loss of earnings that are unable to be precisely calculated by reference to a defined weekly loss.\nThe court may only award damages if it is satisfied that the worker has suffered or will suffer loss having regard to the person’s age, work history, actual loss of earnings, any permanent impairment and any other relevant matters.\nIf the court awards damages, the court must state the assumptions on which the award is based and the methodology it used to arrive at the award.\nThe limitation mentioned in section 306I (2) applies to an award of damages under this section.\ns 306J ins 2010 No. 24 s 21\n(sec.306J-ssec.1) This section applies if a court is considering making an award of damages for loss of earnings that are unable to be precisely calculated by reference to a defined weekly loss.\n(sec.306J-ssec.2) The court may only award damages if it is satisfied that the worker has suffered or will suffer loss having regard to the person’s age, work history, actual loss of earnings, any permanent impairment and any other relevant matters.\n(sec.306J-ssec.3) If the court awards damages, the court must state the assumptions on which the award is based and the methodology it used to arrive at the award.\n(sec.306J-ssec.4) The limitation mentioned in section 306I (2) applies to an award of damages under this section.","sortOrder":576},{"sectionNumber":"sec.306L","sectionType":"section","heading":"Discount rate to be applied in calculating the present value of future loss","content":"### sec.306L Discount rate to be applied in calculating the present value of future loss\n\nThis section applies if—\na person is to be compensated for future loss; and\nan actuarial multiplier is to be used to calculate the present value of future loss.\nA discount rate of 5% is to be applied in deciding the actuarial multiplier.\ns 306L ins 2010 No. 24 s 21\n(sec.306L-ssec.1) This section applies if— a person is to be compensated for future loss; and an actuarial multiplier is to be used to calculate the present value of future loss.\n(sec.306L-ssec.2) A discount rate of 5% is to be applied in deciding the actuarial multiplier.\n- (a) a person is to be compensated for future loss; and\n- (b) an actuarial multiplier is to be used to calculate the present value of future loss.","sortOrder":577},{"sectionNumber":"sec.306M","sectionType":"section","heading":"Damages for loss of consortium or loss of servitium","content":"### sec.306M Damages for loss of consortium or loss of servitium\n\nA court must not award damages for loss of consortium or loss of servitium unless—\nthe injured worker died as a result of injuries sustained; or\ngeneral damages for the injured worker are assessed (before allowing for contributory negligence) at the amount prescribed under a regulation for this provision, or more.\nThe court must not assess damages for loss of servitium above the limit fixed by subsection (3) .\nThe limit is 3 times QOTE per week.\nSection 10 (3) does not apply to the reference to damages in subsection (1) .\ns 306M ins 2010 No. 24 s 21\namd 2019 No. 33 s 66\n(sec.306M-ssec.1) A court must not award damages for loss of consortium or loss of servitium unless— the injured worker died as a result of injuries sustained; or general damages for the injured worker are assessed (before allowing for contributory negligence) at the amount prescribed under a regulation for this provision, or more.\n(sec.306M-ssec.2) The court must not assess damages for loss of servitium above the limit fixed by subsection (3) .\n(sec.306M-ssec.3) The limit is 3 times QOTE per week.\n(sec.306M-ssec.4) Section 10 (3) does not apply to the reference to damages in subsection (1) .\n- (a) the injured worker died as a result of injuries sustained; or\n- (b) general damages for the injured worker are assessed (before allowing for contributory negligence) at the amount prescribed under a regulation for this provision, or more.","sortOrder":578},{"sectionNumber":"sec.306N","sectionType":"section","heading":"Interest","content":"### sec.306N Interest\n\nA court can not order the payment of interest on an award for general damages.\nInterest awarded on damages compensating past monetary loss—\nmust not be more than interest at the appropriate rate; and\nmust be related in an appropriate way to the period over which the loss was incurred.\nThe appropriate rate is the rate for 10 year Treasury bonds published by the Reserve Bank of Australia under ‘Interest rates and yields—capital market’ as at the beginning of the quarter in which the award of interest is made.\nSuppose that past monetary loss consists of medical expenses that have been incurred at a uniform rate over a particular period. The interest to be awarded would be calculated under the following formula—\nA = am/100 x p x 0.5\nwhere—\nA is the amount of the award of interest.\na is a percentage rate decided by the court subject to the limit fixed in subsection (2) .\nm is the aggregate of the medical expenses.\np is the period over which the medical expenses have been incurred (expressed in years).\ns 306N ins 2010 No. 24 s 21\n(sec.306N-ssec.1) A court can not order the payment of interest on an award for general damages.\n(sec.306N-ssec.2) Interest awarded on damages compensating past monetary loss— must not be more than interest at the appropriate rate; and must be related in an appropriate way to the period over which the loss was incurred.\n(sec.306N-ssec.3) The appropriate rate is the rate for 10 year Treasury bonds published by the Reserve Bank of Australia under ‘Interest rates and yields—capital market’ as at the beginning of the quarter in which the award of interest is made. Suppose that past monetary loss consists of medical expenses that have been incurred at a uniform rate over a particular period. The interest to be awarded would be calculated under the following formula— A = am/100 x p x 0.5 where— A is the amount of the award of interest. a is a percentage rate decided by the court subject to the limit fixed in subsection (2) . m is the aggregate of the medical expenses. p is the period over which the medical expenses have been incurred (expressed in years).\n- (a) must not be more than interest at the appropriate rate; and\n- (b) must be related in an appropriate way to the period over which the loss was incurred.","sortOrder":579},{"sectionNumber":"sec.306O","sectionType":"section","heading":"Assessment by court of injury scale","content":"### sec.306O Assessment by court of injury scale\n\nIf general damages are to be awarded by a court in relation to an injury, the court must assess an injury scale value as follows—\nthe worker’s total general damages must be assigned a numerical value ( injury scale value ) on a scale running from 0 to 100;\nthe scale reflects 100 equal gradations of general damages, from a case in which an injury is not severe enough to justify any award of general damages to a case in which an injury is of the gravest conceivable kind;\nin assessing the injury scale value, the court must—\nassess the injury scale value under any rules provided under a regulation; and\nhave regard to the injury scale values given to similar injuries in previous proceedings.\nIf a court assesses an injury scale value for a particular injury to be more or less than any injury scale value prescribed for or attributed to similar particular injuries under subsection (1) (c) , the court must state the factors on which the assessment is based that justify the assessed injury scale value.\ns 306O ins 2010 No. 24 s 21\n(sec.306O-ssec.1) If general damages are to be awarded by a court in relation to an injury, the court must assess an injury scale value as follows— the worker’s total general damages must be assigned a numerical value ( injury scale value ) on a scale running from 0 to 100; the scale reflects 100 equal gradations of general damages, from a case in which an injury is not severe enough to justify any award of general damages to a case in which an injury is of the gravest conceivable kind; in assessing the injury scale value, the court must— assess the injury scale value under any rules provided under a regulation; and have regard to the injury scale values given to similar injuries in previous proceedings.\n(sec.306O-ssec.2) If a court assesses an injury scale value for a particular injury to be more or less than any injury scale value prescribed for or attributed to similar particular injuries under subsection (1) (c) , the court must state the factors on which the assessment is based that justify the assessed injury scale value.\n- (a) the worker’s total general damages must be assigned a numerical value ( injury scale value ) on a scale running from 0 to 100;\n- (b) the scale reflects 100 equal gradations of general damages, from a case in which an injury is not severe enough to justify any award of general damages to a case in which an injury is of the gravest conceivable kind;\n- (c) in assessing the injury scale value, the court must— (i) assess the injury scale value under any rules provided under a regulation; and (ii) have regard to the injury scale values given to similar injuries in previous proceedings.\n- (i) assess the injury scale value under any rules provided under a regulation; and\n- (ii) have regard to the injury scale values given to similar injuries in previous proceedings.\n- (i) assess the injury scale value under any rules provided under a regulation; and\n- (ii) have regard to the injury scale values given to similar injuries in previous proceedings.","sortOrder":580},{"sectionNumber":"sec.306P","sectionType":"section","heading":"Calculation of general damages","content":"### sec.306P Calculation of general damages\n\nFor an injury, general damages must be calculated by reference to the general damages calculation provisions applying to the period within which the injury was sustained.\nIn this section—\ngeneral damages calculation provisions , applying to a period, means the provisions prescribed for the period under a regulation.\ns 306P ins 2010 No. 24 s 21\n(sec.306P-ssec.1) For an injury, general damages must be calculated by reference to the general damages calculation provisions applying to the period within which the injury was sustained.\n(sec.306P-ssec.2) In this section— general damages calculation provisions , applying to a period, means the provisions prescribed for the period under a regulation.","sortOrder":581},{"sectionNumber":"ch.5-pt.9-div.4","sectionType":"division","heading":"Structured settlements","content":"## Structured settlements","sortOrder":582},{"sectionNumber":"sec.306Q","sectionType":"section","heading":"Definition for div 4","content":"### sec.306Q Definition for div 4\n\nIn this division—\nstructured settlement means an agreement providing for the payment of all or part of an award of damages in the form of periodic payments funded by an annuity or other agreed means.\ns 306Q ins 2010 No. 24 s 21","sortOrder":583},{"sectionNumber":"sec.306R","sectionType":"section","heading":"Court required to inform parties of proposed award","content":"### sec.306R Court required to inform parties of proposed award\n\nThe purpose of this section is to enable the court to give the parties to a proceeding a reasonable opportunity to negotiate a structured settlement.\nA court that decides to make an award for future loss (not including interest) of more than the amount prescribed under a regulation for this section must first notify all the parties to the proceeding of the terms of the award it proposes to make.\ns 306R ins 2010 No. 24 s 21\namd 2019 No. 33 s 67\n(sec.306R-ssec.1) The purpose of this section is to enable the court to give the parties to a proceeding a reasonable opportunity to negotiate a structured settlement.\n(sec.306R-ssec.2) A court that decides to make an award for future loss (not including interest) of more than the amount prescribed under a regulation for this section must first notify all the parties to the proceeding of the terms of the award it proposes to make.","sortOrder":584},{"sectionNumber":"sec.306S","sectionType":"section","heading":"Court may make consent order for structured settlement","content":"### sec.306S Court may make consent order for structured settlement\n\nA court may, on the application of the parties to a claim for damages, make an order approving of or in the terms of a structured settlement even though the payment of damages is not in the form of a lump sum award of damages.\ns 306S ins 2010 No. 24 s 21","sortOrder":585},{"sectionNumber":"sec.306T","sectionType":"section","heading":"Obligation of legal practitioners to provide advice","content":"### sec.306T Obligation of legal practitioners to provide advice\n\nA lawyer engaged by the worker must advise the worker, in writing, about the following if the worker proposes to negotiate a settlement of a claim for damages—\nthe availability of structured settlements;\nthe desirability of the worker obtaining independent financial advice about structured settlements and lump sum settlements of the claim.\ns 306T ins 2010 No. 24 s 21\n- (a) the availability of structured settlements;\n- (b) the desirability of the worker obtaining independent financial advice about structured settlements and lump sum settlements of the claim.","sortOrder":586},{"sectionNumber":"sec.306U","sectionType":"section","heading":"Offer of structured settlement—legal costs","content":"### sec.306U Offer of structured settlement—legal costs\n\nThe Uniform Civil Procedure Rules 1999 , chapter 9 , part 5 extends to an offer of compromise by way of a structured settlement on a claim for damages.\nIn that case, the court is to have regard to the cost to the defendant of the proposed structured settlement as compared to the lump sum payment of damages when deciding whether a reasonable offer of compromise has been made.\ns 306U ins 2010 No. 24 s 21\n(sec.306U-ssec.1) The Uniform Civil Procedure Rules 1999 , chapter 9 , part 5 extends to an offer of compromise by way of a structured settlement on a claim for damages.\n(sec.306U-ssec.2) In that case, the court is to have regard to the cost to the defendant of the proposed structured settlement as compared to the lump sum payment of damages when deciding whether a reasonable offer of compromise has been made.","sortOrder":587},{"sectionNumber":"ch.5-pt.9-div.5","sectionType":"division","heading":null,"content":"","sortOrder":588},{"sectionNumber":"sec.306V","sectionType":"section","heading":null,"content":"### Section sec.306V\n\ns 306V ins 2010 No. 24 s 21\namd 2013 No. 39 s 110 (2) sch 3 pt 2 ; 2013 No. 52 s 81 ; 2016 No. 44 s 37\nom 2019 No. 33 s 68","sortOrder":589},{"sectionNumber":"ch.5-pt.12","sectionType":"part","heading":"Costs","content":"# Costs","sortOrder":590},{"sectionNumber":"ch.5-pt.12-div.1","sectionType":"division","heading":"Costs applying to worker with DPI of 20% or more, worker with terminal condition, or dependant","content":"## Costs applying to worker with DPI of 20% or more, worker with terminal condition, or dependant","sortOrder":591},{"sectionNumber":"sec.310","sectionType":"section","heading":"Application of div 1","content":"### sec.310 Application of div 1\n\nThis division applies only if the claimant is—\na worker who does not have a terminal condition, if the worker’s DPI is 20% or more; or\na worker who has a terminal condition; or\na dependant.\ns 310 sub 2005 No. 50 s 36\namd 2013 No. 52 s 30 (retro)\n- (a) a worker who does not have a terminal condition, if the worker’s DPI is 20% or more; or\n- (b) a worker who has a terminal condition; or\n- (c) a dependant.","sortOrder":592},{"sectionNumber":"sec.311","sectionType":"section","heading":"Principles about orders as to costs","content":"### sec.311 Principles about orders as to costs\n\nIf a court dismisses the claim, makes no award of damages or makes an award of damages in the claimant’s proceeding for damages, it must apply the principles set out in sections 312 to 314 .\ns 311 amd 2010 No. 24 s 25","sortOrder":593},{"sectionNumber":"sec.312","sectionType":"section","heading":"Costs if written final offer by claimant","content":"### sec.312 Costs if written final offer by claimant\n\nThis section applies if—\nthe claimant makes a written final offer that is not accepted by the insurer; and\nthe court later awards an amount of damages to the claimant that is equal to or more than the written final offer; and\nthe court is satisfied that the claimant was at all material times willing and able to carry out what was proposed in the written final offer.\nThe court must order the insurer to pay the claimant’s costs, calculated on the indemnity basis.\ns 312 amd 2010 No. 24 s 26\n(sec.312-ssec.1) This section applies if— the claimant makes a written final offer that is not accepted by the insurer; and the court later awards an amount of damages to the claimant that is equal to or more than the written final offer; and the court is satisfied that the claimant was at all material times willing and able to carry out what was proposed in the written final offer.\n(sec.312-ssec.2) The court must order the insurer to pay the claimant’s costs, calculated on the indemnity basis.\n- (a) the claimant makes a written final offer that is not accepted by the insurer; and\n- (b) the court later awards an amount of damages to the claimant that is equal to or more than the written final offer; and\n- (c) the court is satisfied that the claimant was at all material times willing and able to carry out what was proposed in the written final offer.","sortOrder":594},{"sectionNumber":"sec.313","sectionType":"section","heading":"Costs if written final offer by insurer","content":"### sec.313 Costs if written final offer by insurer\n\nThis section applies if—\nthe insurer makes a written final offer that is not accepted by the claimant; and\nthe claim is dismissed, the court makes no award of damages or makes an award of damages that is equal to or less than the insurer’s written final offer; and\nthe court is satisfied that the insurer was at all material times willing and able to carry out what was proposed in the written final offer.\nThe court must—\norder the insurer to pay the claimant’s costs, calculated on the standard basis, up to and including the day of service of the written final offer; and\norder the claimant to pay the insurer’s costs, calculated on the standard basis, after the day of service of the written final offer.\ns 313 amd 2004 No. 45 s 58 ; 2010 No. 24 s 27\n(sec.313-ssec.1) This section applies if— the insurer makes a written final offer that is not accepted by the claimant; and the claim is dismissed, the court makes no award of damages or makes an award of damages that is equal to or less than the insurer’s written final offer; and the court is satisfied that the insurer was at all material times willing and able to carry out what was proposed in the written final offer.\n(sec.313-ssec.2) The court must— order the insurer to pay the claimant’s costs, calculated on the standard basis, up to and including the day of service of the written final offer; and order the claimant to pay the insurer’s costs, calculated on the standard basis, after the day of service of the written final offer.\n- (a) the insurer makes a written final offer that is not accepted by the claimant; and\n- (b) the claim is dismissed, the court makes no award of damages or makes an award of damages that is equal to or less than the insurer’s written final offer; and\n- (c) the court is satisfied that the insurer was at all material times willing and able to carry out what was proposed in the written final offer.\n- (a) order the insurer to pay the claimant’s costs, calculated on the standard basis, up to and including the day of service of the written final offer; and\n- (b) order the claimant to pay the insurer’s costs, calculated on the standard basis, after the day of service of the written final offer.","sortOrder":595},{"sectionNumber":"sec.314","sectionType":"section","heading":"Interest after service of written final offer","content":"### sec.314 Interest after service of written final offer\n\nThis section applies if the court gives judgment for the claimant for the recovery of a debt or damages and—\nthe judgment includes interest or damages in the nature of interest; or\nunder an Act, the court awards the claimant interest or damages in the nature of interest.\nFor giving judgment for costs under section 312 or 313 , the court must disregard the interest or damages in the nature of interest relating to the period after the day the written final offer is given.\n(sec.314-ssec.1) This section applies if the court gives judgment for the claimant for the recovery of a debt or damages and— the judgment includes interest or damages in the nature of interest; or under an Act, the court awards the claimant interest or damages in the nature of interest.\n(sec.314-ssec.2) For giving judgment for costs under section 312 or 313 , the court must disregard the interest or damages in the nature of interest relating to the period after the day the written final offer is given.\n- (a) the judgment includes interest or damages in the nature of interest; or\n- (b) under an Act, the court awards the claimant interest or damages in the nature of interest.","sortOrder":596},{"sectionNumber":"ch.5-pt.12-div.2","sectionType":"division","heading":"Costs applying to worker who does not have a terminal condition and has DPI of less than 20%","content":"## Costs applying to worker who does not have a terminal condition and has DPI of less than 20%","sortOrder":597},{"sectionNumber":"sec.315","sectionType":"section","heading":"Application of div 2","content":"### sec.315 Application of div 2\n\nThis division applies if the claimant is a worker who does not have a terminal condition and has a DPI of less than 20%.\ns 315 sub 2013 No. 52 s 31 (retro)","sortOrder":598},{"sectionNumber":"sec.316","sectionType":"section","heading":"Principles about orders as to costs","content":"### sec.316 Principles about orders as to costs\n\nNo order about costs, other than an order allowed under this section, is to be made by the court in the claimant’s proceeding.\nIf a claimant or an insurer makes a written final offer of settlement that is refused, the court must, in the following circumstances, make the order about costs provided for—\nif the court later awards an amount of damages to the worker that is equal to or more than the worker’s written final offer—an order that the insurer pay the worker’s costs on the standard basis from the day of the written final offer;\nif the court later dismisses the worker’s claim, makes no award of damages or awards an amount of damages that is equal to or less than the insurer’s written final offer—an order that the worker pay the insurer’s costs on the standard basis from the day of the final offer.\nIf an award of damages is less than the claimant’s written final offer but more than the insurer’s written final offer, each party bears the party’s own costs.\ns 316 amd 2004 No. 45 s 59 ; 2010 No. 24 s 28\n(sec.316-ssec.1) No order about costs, other than an order allowed under this section, is to be made by the court in the claimant’s proceeding.\n(sec.316-ssec.2) If a claimant or an insurer makes a written final offer of settlement that is refused, the court must, in the following circumstances, make the order about costs provided for— if the court later awards an amount of damages to the worker that is equal to or more than the worker’s written final offer—an order that the insurer pay the worker’s costs on the standard basis from the day of the written final offer; if the court later dismisses the worker’s claim, makes no award of damages or awards an amount of damages that is equal to or less than the insurer’s written final offer—an order that the worker pay the insurer’s costs on the standard basis from the day of the final offer.\n(sec.316-ssec.3) If an award of damages is less than the claimant’s written final offer but more than the insurer’s written final offer, each party bears the party’s own costs.\n- (a) if the court later awards an amount of damages to the worker that is equal to or more than the worker’s written final offer—an order that the insurer pay the worker’s costs on the standard basis from the day of the written final offer;\n- (b) if the court later dismisses the worker’s claim, makes no award of damages or awards an amount of damages that is equal to or less than the insurer’s written final offer—an order that the worker pay the insurer’s costs on the standard basis from the day of the final offer.","sortOrder":599},{"sectionNumber":"ch.5-pt.12-div.2A","sectionType":"division","heading":"Costs when offers made for a contribution claim","content":"## Costs when offers made for a contribution claim","sortOrder":600},{"sectionNumber":"sec.316A","sectionType":"section","heading":"Principles about order as to costs","content":"### sec.316A Principles about order as to costs\n\nThis section applies to the extent proceedings in a court relate to a contribution claim.\nSubsections (3) to (5) apply if the contributor or other party (including an insurer) made an offer that was not accepted.\nIf the court later awards an amount of contribution that is equal to or more than the other party’s written final offer, the court must order the contributor to pay the other party’s costs on the indemnity basis from the day the written final offer was made.\nIf the court later—\ndismisses the contribution claim; or\nmakes no award for the contribution; or\nmakes an award of contribution of an amount that is equal to or less than the contributor’s written final offer;\nthe court must order the other party to pay the contributor’s costs on the standard basis from the day the written final offer was made.\nIf an award of contribution is less than the other party’s written final offer but more than the contributor’s written final offer, each party bears the party’s own costs.\nThis section applies to a written final offer whether or not it is made as a separate offer or as part of a joint or consolidated offer.\nIn this section—\nwritten final offer means a written final offer under section 292 .\ns 316A ins 2010 No. 24 s 29\n(sec.316A-ssec.1) This section applies to the extent proceedings in a court relate to a contribution claim.\n(sec.316A-ssec.2) Subsections (3) to (5) apply if the contributor or other party (including an insurer) made an offer that was not accepted.\n(sec.316A-ssec.3) If the court later awards an amount of contribution that is equal to or more than the other party’s written final offer, the court must order the contributor to pay the other party’s costs on the indemnity basis from the day the written final offer was made.\n(sec.316A-ssec.4) If the court later— dismisses the contribution claim; or makes no award for the contribution; or makes an award of contribution of an amount that is equal to or less than the contributor’s written final offer; the court must order the other party to pay the contributor’s costs on the standard basis from the day the written final offer was made.\n(sec.316A-ssec.5) If an award of contribution is less than the other party’s written final offer but more than the contributor’s written final offer, each party bears the party’s own costs.\n(sec.316A-ssec.6) This section applies to a written final offer whether or not it is made as a separate offer or as part of a joint or consolidated offer.\n(sec.316A-ssec.7) In this section— written final offer means a written final offer under section 292 .\n- (a) dismisses the contribution claim; or\n- (b) makes no award for the contribution; or\n- (c) makes an award of contribution of an amount that is equal to or less than the contributor’s written final offer;","sortOrder":601},{"sectionNumber":"ch.5-pt.12-div.3","sectionType":"division","heading":"Costs generally","content":"## Costs generally","sortOrder":602},{"sectionNumber":"sec.317","sectionType":"section","heading":null,"content":"### Section sec.317\n\ns 317 om 2010 No. 24 s 30","sortOrder":603},{"sectionNumber":"sec.318","sectionType":"section","heading":"Costs if proceeding could have been brought in a lower court","content":"### sec.318 Costs if proceeding could have been brought in a lower court\n\nIf the amount of damages a court awards could have been awarded in a lower court, the court must order any costs in favour of the claimant under the scale of costs applying in the lower court.\nThis section applies to all claimants.\ns 318 amd 2010 No. 24 s 31\n(sec.318-ssec.1) If the amount of damages a court awards could have been awarded in a lower court, the court must order any costs in favour of the claimant under the scale of costs applying in the lower court.\n(sec.318-ssec.2) This section applies to all claimants.","sortOrder":604},{"sectionNumber":"sec.318A","sectionType":"section","heading":"General application of costs provisions in part","content":"### sec.318A General application of costs provisions in part\n\nA court may make no order about costs to which division 1 , 2 or 2A applies except the orders for costs provided for in the division.\nSubsection (1) applies subject to this division.\ns 318A ins 2010 No. 24 s 32\n(sec.318A-ssec.1) A court may make no order about costs to which division 1 , 2 or 2A applies except the orders for costs provided for in the division.\n(sec.318A-ssec.2) Subsection (1) applies subject to this division.","sortOrder":605},{"sectionNumber":"sec.318B","sectionType":"section","heading":"Court may make an alternative order in particular circumstances","content":"### sec.318B Court may make an alternative order in particular circumstances\n\nSubsection (2) applies to an order for costs a court is required to make under the following sections (a prescribed order )—\nsection 312 (2) ;\nsection 313 (2) ;\nsection 316A (3) or (4) .\nThe court may make an order for costs other than the prescribed order if the party ordered to pay costs shows the other order is appropriate in the circumstances.\nSubsection (4) applies if an award of damages is affected by factors that were not reasonably foreseeable by a party at the time of making or failing to accept a written final offer.\nThe court may, if satisfied that it is just to do so, make an order for costs under divisions 1 , 2 or 2A as if the reference to a written final offer or a failure to accept a written final offer were a reference to a later offer made, or a failure to accept a later offer made, in the light of the factors that became apparent after the parties completed the exchange of written final offers.\nA claimant’s medical condition suddenly and unexpectedly deteriorates after the date of the written final offers and the court makes a much higher award of damages than would have been reasonably expected at that time. In that case, the court may ignore the written final offers and award costs on the basis of later offers of settlement.\ns 318B ins 2010 No. 24 s 32\n(sec.318B-ssec.1) Subsection (2) applies to an order for costs a court is required to make under the following sections (a prescribed order )— section 312 (2) ; section 313 (2) ; section 316A (3) or (4) .\n(sec.318B-ssec.2) The court may make an order for costs other than the prescribed order if the party ordered to pay costs shows the other order is appropriate in the circumstances.\n(sec.318B-ssec.3) Subsection (4) applies if an award of damages is affected by factors that were not reasonably foreseeable by a party at the time of making or failing to accept a written final offer.\n(sec.318B-ssec.4) The court may, if satisfied that it is just to do so, make an order for costs under divisions 1 , 2 or 2A as if the reference to a written final offer or a failure to accept a written final offer were a reference to a later offer made, or a failure to accept a later offer made, in the light of the factors that became apparent after the parties completed the exchange of written final offers. A claimant’s medical condition suddenly and unexpectedly deteriorates after the date of the written final offers and the court makes a much higher award of damages than would have been reasonably expected at that time. In that case, the court may ignore the written final offers and award costs on the basis of later offers of settlement.\n- (a) section 312 (2) ;\n- (b) section 313 (2) ;\n- (c) section 316A (3) or (4) .","sortOrder":606},{"sectionNumber":"sec.318C","sectionType":"section","heading":"Costs order under div 2 for an interlocutory application","content":"### sec.318C Costs order under div 2 for an interlocutory application\n\nAn order about costs for an interlocutory application may be made under division 2 only if the court is satisfied that the application has been brought because of unreasonable delay by 1 of the parties.\ns 318C ins 2010 No. 24 s 32","sortOrder":607},{"sectionNumber":"sec.318D","sectionType":"section","heading":"Order for costs if more than 1 person liable for the same costs","content":"### sec.318D Order for costs if more than 1 person liable for the same costs\n\nIf more than 1 party in a proceeding for damages has a liability to pay the same costs under this part, or under this part and another law about costs, the court may apportion the costs payable by each party according to the proportion of liability of the parties and the justice of the case.\ns 318D ins 2010 No. 24 s 32","sortOrder":608},{"sectionNumber":"sec.318E","sectionType":"section","heading":"Order for costs if an entity was not a party at the compulsory conference","content":"### sec.318E Order for costs if an entity was not a party at the compulsory conference\n\nIf an entity other than a defendant that participated in a compulsory conference is joined as a defendant in a proceeding for damages, the court may make an order about costs in favour of, or against, the entity according to the proportion of liability of the defendants and the justice of the case.\ns 318E ins 2010 No. 24 s 32\namd 2017 No. 27 s 41 sch 1","sortOrder":609},{"sectionNumber":"ch.5-pt.13","sectionType":"part","heading":"Excess damages awarded in another jurisdiction","content":"# Excess damages awarded in another jurisdiction","sortOrder":610},{"sectionNumber":"sec.319","sectionType":"section","heading":"Application of pt 13","content":"### sec.319 Application of pt 13\n\nThis part applies if—\na person is entitled to seek as a claimant damages for an injury sustained by a worker in a court of the State, other than under the Jurisdiction of Courts (Cross-vesting) Act 1987 ; and\ndamages for the injury are awarded by a court that is not a court of the State; and\nthe court that awards the damages does not do so subject to this chapter; and\nthe amount of the damages awarded to a claimant is more than the amount that would have been awarded subject to this chapter in a proceeding before a court of the State; and\nan insurer would be liable to pay all the damages if section 320 did not apply.\n- (a) a person is entitled to seek as a claimant damages for an injury sustained by a worker in a court of the State, other than under the Jurisdiction of Courts (Cross-vesting) Act 1987 ; and\n- (b) damages for the injury are awarded by a court that is not a court of the State; and\n- (c) the court that awards the damages does not do so subject to this chapter; and\n- (d) the amount of the damages awarded to a claimant is more than the amount that would have been awarded subject to this chapter in a proceeding before a court of the State; and\n- (e) an insurer would be liable to pay all the damages if section 320 did not apply.","sortOrder":611},{"sectionNumber":"sec.320","sectionType":"section","heading":"No liability for excess damages","content":"### sec.320 No liability for excess damages\n\nThe insurer is not liable for the difference between the amount of damages awarded to the claimant and the amount of damages that would have been awarded in a proceeding before a court of the State.","sortOrder":612},{"sectionNumber":"ch.5-pt.14","sectionType":"part","heading":"Expressions of regret and apologies","content":"# Expressions of regret and apologies","sortOrder":613},{"sectionNumber":"ch.5-pt.14-div.1","sectionType":"division","heading":"Expressions of regret","content":"## Expressions of regret","sortOrder":614},{"sectionNumber":"sec.320A","sectionType":"section","heading":"Application of division","content":"### sec.320A Application of division\n\nThis division applies in relation to liability for damages.\ns 320A ins 2019 No. 33 s 69","sortOrder":615},{"sectionNumber":"sec.320B","sectionType":"section","heading":"Purpose of division","content":"### sec.320B Purpose of division\n\nThe purpose of this division is to allow an individual to express regret about an incident that may give rise to an action for damages without being concerned that the expression of regret may be construed or used as an admission of liability on a claim or in a proceeding based on a claim arising out of the incident.\ns 320B ins 2019 No. 33 s 69","sortOrder":616},{"sectionNumber":"sec.320C","sectionType":"section","heading":"Meaning of expression of regret","content":"### sec.320C Meaning of expression of regret\n\nAn expression of regret made by an individual in relation to an incident alleged to give rise to an action for damages is any oral or written statement expressing regret for the incident to the extent that it does not contain an admission of liability on the part of the individual or someone else.\ns 320C ins 2019 No. 33 s 69","sortOrder":617},{"sectionNumber":"sec.320D","sectionType":"section","heading":"Expressions of regret are inadmissible","content":"### sec.320D Expressions of regret are inadmissible\n\nAn expression of regret made by an individual in relation to an incident alleged to give rise to an action for damages at any time before a civil proceeding in relation to the incident is started in a court is not admissible in the proceeding.\ns 320D ins 2019 No. 33 s 69","sortOrder":618},{"sectionNumber":"ch.5-pt.14-div.2","sectionType":"division","heading":"Apologies","content":"## Apologies","sortOrder":619},{"sectionNumber":"sec.320E","sectionType":"section","heading":"Application of division","content":"### sec.320E Application of division\n\nThis division applies in relation to liability for damages.\ns 320E ins 2019 No. 33 s 69","sortOrder":620},{"sectionNumber":"sec.320F","sectionType":"section","heading":"Purpose of division","content":"### sec.320F Purpose of division\n\nThe purpose of this division is to allow a person to make an apology about a matter without the apology being construed or used as an admission of liability for damages in relation to the matter.\ns 320F ins 2019 No. 33 s 69","sortOrder":621},{"sectionNumber":"sec.320G","sectionType":"section","heading":"Meaning of apology","content":"### sec.320G Meaning of apology\n\nAn apology is an expression of sympathy or regret, or of a general sense of benevolence or compassion, in connection with any matter, whether or not it admits or implies an admission of fault in relation to the matter.\ns 320G ins 2019 No. 33 s 69","sortOrder":622},{"sectionNumber":"sec.320H","sectionType":"section","heading":"Effect of apology on liability","content":"### sec.320H Effect of apology on liability\n\nAn apology made by or on behalf of a person in relation to any matter alleged to have been caused by the person—\ndoes not constitute an express or implied admission of fault or liability for damages by the person in relation to the matter; and\nis not relevant to the determination of fault or liability for damages in relation to the matter.\nEvidence of an apology made by a person is not admissible in any civil proceeding as evidence of the fault or liability for damages of the person in relation to the matter.\ns 320H ins 2019 No. 33 s 69\n(sec.320H-ssec.1) An apology made by or on behalf of a person in relation to any matter alleged to have been caused by the person— does not constitute an express or implied admission of fault or liability for damages by the person in relation to the matter; and is not relevant to the determination of fault or liability for damages in relation to the matter.\n(sec.320H-ssec.2) Evidence of an apology made by a person is not admissible in any civil proceeding as evidence of the fault or liability for damages of the person in relation to the matter.\n- (a) does not constitute an express or implied admission of fault or liability for damages by the person in relation to the matter; and\n- (b) is not relevant to the determination of fault or liability for damages in relation to the matter.","sortOrder":623},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Application of chapter 6","content":"# Application of chapter 6","sortOrder":624},{"sectionNumber":"sec.321","sectionType":"section","heading":"Claims to which chapter applies","content":"### sec.321 Claims to which chapter applies\n\nThis chapter applies only to a claim for damages against a worker’s employer in relation to an injury that was caused by—\nthe negligence or other tort (including breach of statutory duty) of the worker’s employer; or\na breach of contract by the worker’s employer.\nSubsection (1) (a) applies even if damages resulting from the negligence or other tort are claimed in an action for breach of contract or other action.\n(sec.321-ssec.1) This chapter applies only to a claim for damages against a worker’s employer in relation to an injury that was caused by— the negligence or other tort (including breach of statutory duty) of the worker’s employer; or a breach of contract by the worker’s employer.\n(sec.321-ssec.2) Subsection (1) (a) applies even if damages resulting from the negligence or other tort are claimed in an action for breach of contract or other action.\n- (a) the negligence or other tort (including breach of statutory duty) of the worker’s employer; or\n- (b) a breach of contract by the worker’s employer.","sortOrder":625},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":626},{"sectionNumber":"sec.322","sectionType":"section","heading":"Meaning of substantive law","content":"### sec.322 Meaning of substantive law\n\nIn this chapter, substantive law includes—\na law that establishes, modifies, or extinguishes a cause of action or a defence to a cause of action; and\na law prescribing the time within which an action must be brought (including a law providing for the extension or abridgement of that time); and\na law that provides for the limitation or exclusion of liability or the barring of a right of action if a proceeding on, or arbitration of, a claim is not commenced within a particular time limit; and\na law that limits the kinds of injury, loss or damage for which damages or compensation may be recovered; and\na law that precludes the recovery of damages or compensation or limits the amount of damages or compensation that can be recovered; and\na law expressed as a presumption, or rule of evidence, that affects substantive rights; and\na provision of a State’s legislation about damages for a work related injury, whether or not it would be otherwise regarded as procedural in nature;\nbut does not include a law prescribing rules for choice of law.\nIn this section—\na State’s legislation about damages for a work related injury means—\nfor Queensland— chapter 5 and any other provision of this Act providing for the interpretation of anything in chapter 5 ; or\notherwise—any provisions of a law of a State that are declared under a regulation to be the State’s legislation about damages for work related injury.\ns 322 amd 2010 No. 24 s 3 sch\n(sec.322-ssec.1) In this chapter, substantive law includes— a law that establishes, modifies, or extinguishes a cause of action or a defence to a cause of action; and a law prescribing the time within which an action must be brought (including a law providing for the extension or abridgement of that time); and a law that provides for the limitation or exclusion of liability or the barring of a right of action if a proceeding on, or arbitration of, a claim is not commenced within a particular time limit; and a law that limits the kinds of injury, loss or damage for which damages or compensation may be recovered; and a law that precludes the recovery of damages or compensation or limits the amount of damages or compensation that can be recovered; and a law expressed as a presumption, or rule of evidence, that affects substantive rights; and a provision of a State’s legislation about damages for a work related injury, whether or not it would be otherwise regarded as procedural in nature; but does not include a law prescribing rules for choice of law.\n(sec.322-ssec.2) In this section— a State’s legislation about damages for a work related injury means— for Queensland— chapter 5 and any other provision of this Act providing for the interpretation of anything in chapter 5 ; or otherwise—any provisions of a law of a State that are declared under a regulation to be the State’s legislation about damages for work related injury.\n- (a) a law that establishes, modifies, or extinguishes a cause of action or a defence to a cause of action; and\n- (b) a law prescribing the time within which an action must be brought (including a law providing for the extension or abridgement of that time); and\n- (c) a law that provides for the limitation or exclusion of liability or the barring of a right of action if a proceeding on, or arbitration of, a claim is not commenced within a particular time limit; and\n- (d) a law that limits the kinds of injury, loss or damage for which damages or compensation may be recovered; and\n- (e) a law that precludes the recovery of damages or compensation or limits the amount of damages or compensation that can be recovered; and\n- (f) a law expressed as a presumption, or rule of evidence, that affects substantive rights; and\n- (g) a provision of a State’s legislation about damages for a work related injury, whether or not it would be otherwise regarded as procedural in nature;\n- (a) for Queensland— chapter 5 and any other provision of this Act providing for the interpretation of anything in chapter 5 ; or\n- (b) otherwise—any provisions of a law of a State that are declared under a regulation to be the State’s legislation about damages for work related injury.","sortOrder":627},{"sectionNumber":"sec.323","sectionType":"section","heading":"What constitutes injury and employment and who is employer","content":"### sec.323 What constitutes injury and employment and who is employer\n\nFor this chapter—\ninjury and employer include anything that is within the scope of a corresponding term in the statutory workers’ compensation scheme of another State; and\nthe determination of what constitutes employment or whether or not a person is the worker’s employer is to be made on the basis that those concepts include anything that is within the scope of a corresponding concept in the statutory workers’ compensation scheme of another State.\n- (a) injury and employer include anything that is within the scope of a corresponding term in the statutory workers’ compensation scheme of another State; and\n- (b) the determination of what constitutes employment or whether or not a person is the worker’s employer is to be made on the basis that those concepts include anything that is within the scope of a corresponding concept in the statutory workers’ compensation scheme of another State.","sortOrder":628},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Substantive law that governs claim","content":"# Substantive law that governs claim","sortOrder":629},{"sectionNumber":"sec.324","sectionType":"section","heading":"The applicable substantive law for work injury claims","content":"### sec.324 The applicable substantive law for work injury claims\n\nIf compensation is payable (whether or not it has been paid) under the statutory workers’ compensation scheme of a State in relation to an injury to a worker, the substantive law of that State is the substantive law that governs—\nwhether or not a claim for damages in relation to the injury can be made; and\nif it can be made, the determination of the claim.\nFor the purposes of this section, compensation is considered to be payable under a statutory workers’ compensation scheme of a State in relation to an injury if compensation in relation to it—\nwould have been payable apart from a provision of the scheme that excludes the worker’s right to compensation because the injury is attributable to any conduct or failure of the worker that is specified in that provision; or\nwould have been payable if a claim for that compensation had been properly made, and (if applicable) an election to claim that compensation (instead of damages) had been properly made.\n(sec.324-ssec.1) If compensation is payable (whether or not it has been paid) under the statutory workers’ compensation scheme of a State in relation to an injury to a worker, the substantive law of that State is the substantive law that governs— whether or not a claim for damages in relation to the injury can be made; and if it can be made, the determination of the claim.\n(sec.324-ssec.2) For the purposes of this section, compensation is considered to be payable under a statutory workers’ compensation scheme of a State in relation to an injury if compensation in relation to it— would have been payable apart from a provision of the scheme that excludes the worker’s right to compensation because the injury is attributable to any conduct or failure of the worker that is specified in that provision; or would have been payable if a claim for that compensation had been properly made, and (if applicable) an election to claim that compensation (instead of damages) had been properly made.\n- (a) whether or not a claim for damages in relation to the injury can be made; and\n- (b) if it can be made, the determination of the claim.\n- (a) would have been payable apart from a provision of the scheme that excludes the worker’s right to compensation because the injury is attributable to any conduct or failure of the worker that is specified in that provision; or\n- (b) would have been payable if a claim for that compensation had been properly made, and (if applicable) an election to claim that compensation (instead of damages) had been properly made.","sortOrder":630},{"sectionNumber":"sec.325","sectionType":"section","heading":"Availability of action in another State not relevant","content":"### sec.325 Availability of action in another State not relevant\n\nIt makes no difference for the purposes of this chapter that, under the substantive law of another State—\nit is the nature of the circumstances that they would not have given rise to a cause of action had they occurred in that State; or\nthe circumstances on which the claim is based do not give rise to a cause of action.\nIn this section—\nanother State means a State other than the State with which the injury is connected.\n(sec.325-ssec.1) It makes no difference for the purposes of this chapter that, under the substantive law of another State— it is the nature of the circumstances that they would not have given rise to a cause of action had they occurred in that State; or the circumstances on which the claim is based do not give rise to a cause of action.\n(sec.325-ssec.2) In this section— another State means a State other than the State with which the injury is connected.\n- (a) it is the nature of the circumstances that they would not have given rise to a cause of action had they occurred in that State; or\n- (b) the circumstances on which the claim is based do not give rise to a cause of action.","sortOrder":631},{"sectionNumber":"ch.6B-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":632},{"sectionNumber":"sec.325E","sectionType":"section","heading":"Definitions for chapter","content":"### sec.325E Definitions for chapter\n\nIn this chapter—\nassociate , of a law practice, see the Legal Profession Act 2007 , section 7 (1) .\nclaim means—\nan application for compensation; or\na claim for damages.\nlaw practice see the Legal Profession Act 2007 , schedule 2 .\nlaw practice certificate see section 325F .\nprincipal , of a law practice, see the Legal Profession Act 2007 , section 7 (4) .\nsupervising principal , of a law practice in relation to a claim, means—\nthe principal of the law practice who has the primary responsibility for the conduct of the claim; or\nif section 325N applies in relation to a law practice certificate for the claim—the person who completes the certificate under that section.\ns 325E ins 2022 No. 13 s 60\n- (a) an application for compensation; or\n- (b) a claim for damages.\n- (a) the principal of the law practice who has the primary responsibility for the conduct of the claim; or\n- (b) if section 325N applies in relation to a law practice certificate for the claim—the person who completes the certificate under that section.","sortOrder":633},{"sectionNumber":"sec.325F","sectionType":"section","heading":"Meaning of law practice certificate","content":"### sec.325F Meaning of law practice certificate\n\nA law practice certificate is a certificate in a form approved by the Regulator that states the matters mentioned in subsections (2) to (4) .\nThe certificate must state—\nthe supervising principal and each associate of the law practice have not—\ngiven, agreed to give or allowed or caused someone to give consideration to another person for a claim referral or potential claim referral for the claim in contravention of section 325R (1) ; or\nreceived, agreed to receive or allowed or caused someone else to receive consideration from another person for a claim referral or potential claim referral for the claim in contravention of section 325R (2) ; or\nif the supervising principal believes section 325R does not apply because of section 325R (3) —the reasons for the belief.\nAlso, the certificate must state—\nthe supervising principal and each associate of the law practice have not personally approached or contacted the claimant and solicited or induced the claimant to make the claim in contravention of section 325T ; or\nif the supervising principal believes section 325T does not apply because of section 325T (3) —the reasons for the belief.\nIn addition, if the claim is a speculative personal injury claim, the certificate must state the costs agreement relating to the claim complies with the Legal Profession Act 2007 , section 347 .\nThe law practice certificate must be signed by the supervising principal and verified by statutory declaration.\nTo remove any doubt, it is declared that this section does not require or permit the supervising principal of a law practice to give information about communication with a claimant that is subject to legal professional privilege.\nIn this section—\nspeculative personal injury claim see the Legal Profession Act 2007 , section 346 .\ns 325F ins 2022 No. 13 s 60\n(sec.325F-ssec.1) A law practice certificate is a certificate in a form approved by the Regulator that states the matters mentioned in subsections (2) to (4) .\n(sec.325F-ssec.2) The certificate must state— the supervising principal and each associate of the law practice have not— given, agreed to give or allowed or caused someone to give consideration to another person for a claim referral or potential claim referral for the claim in contravention of section 325R (1) ; or received, agreed to receive or allowed or caused someone else to receive consideration from another person for a claim referral or potential claim referral for the claim in contravention of section 325R (2) ; or if the supervising principal believes section 325R does not apply because of section 325R (3) —the reasons for the belief.\n(sec.325F-ssec.3) Also, the certificate must state— the supervising principal and each associate of the law practice have not personally approached or contacted the claimant and solicited or induced the claimant to make the claim in contravention of section 325T ; or if the supervising principal believes section 325T does not apply because of section 325T (3) —the reasons for the belief.\n(sec.325F-ssec.4) In addition, if the claim is a speculative personal injury claim, the certificate must state the costs agreement relating to the claim complies with the Legal Profession Act 2007 , section 347 .\n(sec.325F-ssec.5) The law practice certificate must be signed by the supervising principal and verified by statutory declaration.\n(sec.325F-ssec.6) To remove any doubt, it is declared that this section does not require or permit the supervising principal of a law practice to give information about communication with a claimant that is subject to legal professional privilege.\n(sec.325F-ssec.7) In this section— speculative personal injury claim see the Legal Profession Act 2007 , section 346 .\n- (a) the supervising principal and each associate of the law practice have not— (i) given, agreed to give or allowed or caused someone to give consideration to another person for a claim referral or potential claim referral for the claim in contravention of section 325R (1) ; or (ii) received, agreed to receive or allowed or caused someone else to receive consideration from another person for a claim referral or potential claim referral for the claim in contravention of section 325R (2) ; or\n- (i) given, agreed to give or allowed or caused someone to give consideration to another person for a claim referral or potential claim referral for the claim in contravention of section 325R (1) ; or\n- (ii) received, agreed to receive or allowed or caused someone else to receive consideration from another person for a claim referral or potential claim referral for the claim in contravention of section 325R (2) ; or\n- (b) if the supervising principal believes section 325R does not apply because of section 325R (3) —the reasons for the belief.\n- (i) given, agreed to give or allowed or caused someone to give consideration to another person for a claim referral or potential claim referral for the claim in contravention of section 325R (1) ; or\n- (ii) received, agreed to receive or allowed or caused someone else to receive consideration from another person for a claim referral or potential claim referral for the claim in contravention of section 325R (2) ; or\n- (a) the supervising principal and each associate of the law practice have not personally approached or contacted the claimant and solicited or induced the claimant to make the claim in contravention of section 325T ; or\n- (b) if the supervising principal believes section 325T does not apply because of section 325T (3) —the reasons for the belief.","sortOrder":634},{"sectionNumber":"ch.6B-pt.2","sectionType":"part","heading":"When law practice certificate must be given","content":"# When law practice certificate must be given","sortOrder":635},{"sectionNumber":"sec.325G","sectionType":"section","heading":"Application of part to potential claimants","content":"### sec.325G Application of part to potential claimants\n\nIn this part, a reference to a claimant includes a reference to a potential claimant.\ns 325G ins 2022 No. 13 s 60","sortOrder":636},{"sectionNumber":"sec.325H","sectionType":"section","heading":"Law practice retained by claimant before notice of claim for damages or urgent proceeding","content":"### sec.325H Law practice retained by claimant before notice of claim for damages or urgent proceeding\n\nThis section applies if—\na law practice is retained by a claimant to act in relation to a claim for damages for an injury before—\nthe claimant has given a notice of claim for damages under section 275 ; or\nan urgent proceeding for the claim for damages is started under section 276 ; and\nthe supervising principal of the law practice has not previously given a law practice certificate to the claimant in relation to the claim.\nThe supervising principal of the law practice must—\ncomplete a law practice certificate for the claim; and\ngive the certificate to the claimant before the claimant gives notice of the claim or the urgent proceeding is started.\nMaximum penalty—300 penalty units.\ns 325H ins 2022 No. 13 s 60\n(sec.325H-ssec.1) This section applies if— a law practice is retained by a claimant to act in relation to a claim for damages for an injury before— the claimant has given a notice of claim for damages under section 275 ; or an urgent proceeding for the claim for damages is started under section 276 ; and the supervising principal of the law practice has not previously given a law practice certificate to the claimant in relation to the claim.\n(sec.325H-ssec.2) The supervising principal of the law practice must— complete a law practice certificate for the claim; and give the certificate to the claimant before the claimant gives notice of the claim or the urgent proceeding is started. Maximum penalty—300 penalty units.\n- (a) a law practice is retained by a claimant to act in relation to a claim for damages for an injury before— (i) the claimant has given a notice of claim for damages under section 275 ; or (ii) an urgent proceeding for the claim for damages is started under section 276 ; and\n- (i) the claimant has given a notice of claim for damages under section 275 ; or\n- (ii) an urgent proceeding for the claim for damages is started under section 276 ; and\n- (b) the supervising principal of the law practice has not previously given a law practice certificate to the claimant in relation to the claim.\n- (i) the claimant has given a notice of claim for damages under section 275 ; or\n- (ii) an urgent proceeding for the claim for damages is started under section 276 ; and\n- (a) complete a law practice certificate for the claim; and\n- (b) give the certificate to the claimant before the claimant gives notice of the claim or the urgent proceeding is started.","sortOrder":637},{"sectionNumber":"sec.325I","sectionType":"section","heading":"Law practice retained by claimant after notice of claim for damages given or urgent proceeding started","content":"### sec.325I Law practice retained by claimant after notice of claim for damages given or urgent proceeding started\n\nThis section applies if—\na law practice is retained to act in relation to a claim for damages after—\nthe claimant has given a notice of claim for damages under section 275 ; or\nan urgent proceeding for the claim for damages is started under section 276 ; and\nthe supervising principal of the law practice has not previously given a law practice certificate to the claimant in relation to the claim.\nThe supervising principal of the law practice in relation to the claim must, within 1 month after the day the practice is retained—\ncomplete a law practice certificate for the claim; and\ngive the certificate to the insurer and a copy of the certificate to the claimant.\nMaximum penalty—300 penalty units.\ns 325I ins 2022 No. 13 s 60\n(sec.325I-ssec.1) This section applies if— a law practice is retained to act in relation to a claim for damages after— the claimant has given a notice of claim for damages under section 275 ; or an urgent proceeding for the claim for damages is started under section 276 ; and the supervising principal of the law practice has not previously given a law practice certificate to the claimant in relation to the claim.\n(sec.325I-ssec.2) The supervising principal of the law practice in relation to the claim must, within 1 month after the day the practice is retained— complete a law practice certificate for the claim; and give the certificate to the insurer and a copy of the certificate to the claimant. Maximum penalty—300 penalty units.\n- (a) a law practice is retained to act in relation to a claim for damages after— (i) the claimant has given a notice of claim for damages under section 275 ; or (ii) an urgent proceeding for the claim for damages is started under section 276 ; and\n- (i) the claimant has given a notice of claim for damages under section 275 ; or\n- (ii) an urgent proceeding for the claim for damages is started under section 276 ; and\n- (b) the supervising principal of the law practice has not previously given a law practice certificate to the claimant in relation to the claim.\n- (i) the claimant has given a notice of claim for damages under section 275 ; or\n- (ii) an urgent proceeding for the claim for damages is started under section 276 ; and\n- (a) complete a law practice certificate for the claim; and\n- (b) give the certificate to the insurer and a copy of the certificate to the claimant.","sortOrder":638},{"sectionNumber":"sec.325J","sectionType":"section","heading":"When law practice certificate must be given to insurer for claim for compensation","content":"### sec.325J When law practice certificate must be given to insurer for claim for compensation\n\nSubsection (2) applies if—\na law practice is retained by a claimant to act in relation to the claimant’s claim for compensation; and\nthe claimant gives the law practice a payment direction about the payment of compensation for the claim.\nIf the law practice gives a copy of the payment direction to the insurer—\nthe payment direction must be accompanied by a law practice certificate completed by the supervising principal for the claim; and\na copy of the certificate must be given to the claimant.\nMaximum penalty—300 penalty units.\nSubsections (4) and (5) apply if—\nthe insurer receives a payment direction from a claimant other than by receiving a copy from the law practice as mentioned in subsection (2) ; and\nthe payment direction is not accompanied by a law practice certificate.\nThe insurer must, as soon as practicable after receiving the payment direction, give the law practice a notice requesting a law practice certificate for the claim.\nThe law practice must, within 7 days after receiving the notice given under subsection (4) —\ngive the insurer a law practice certificate completed by the supervising principal for the claim; and\ngive a copy of the certificate to the claimant.\nMaximum penalty—300 penalty units.\nSubsection (7) applies if—\na law practice is retained by a claimant to act in relation to the claimant’s claim for compensation; and\nthe claimant is paid an amount of compensation under a lump sum provision; and\nwhen the amount is paid, a law practice certificate has not previously been given to the insurer for the claim under this section.\nUnless the supervising principal has a reasonable excuse, the principal must, within 7 days after the amount is paid to the claimant—\ncomplete a law practice certificate for the claim; and\ngive the certificate to the insurer and a copy of the certificate to the claimant.\nMaximum penalty—300 penalty units.\nIf the claimant is paid more than 1 amount of lump sum compensation for the claim, the supervising principal need only comply with subsection (7) in relation to the first amount of lump sum compensation paid.\nIn this section—\nlump sum provision means any of the following provisions—\nchapter 3 , part 3 , division 3 or 4 ;\nchapter 3 , part 9 , division 7 ;\nchapter 3 , part 10 ;\nchapter 3 , part 11 .\npayment direction means a direction or authorisation given by a client of a law practice for the payment of compensation for the claimant’s claim to the trust account of the law practice.\ns 325J ins 2022 No. 13 s 60\n(sec.325J-ssec.1) Subsection (2) applies if— a law practice is retained by a claimant to act in relation to the claimant’s claim for compensation; and the claimant gives the law practice a payment direction about the payment of compensation for the claim.\n(sec.325J-ssec.2) If the law practice gives a copy of the payment direction to the insurer— the payment direction must be accompanied by a law practice certificate completed by the supervising principal for the claim; and a copy of the certificate must be given to the claimant. Maximum penalty—300 penalty units.\n(sec.325J-ssec.3) Subsections (4) and (5) apply if— the insurer receives a payment direction from a claimant other than by receiving a copy from the law practice as mentioned in subsection (2) ; and the payment direction is not accompanied by a law practice certificate.\n(sec.325J-ssec.4) The insurer must, as soon as practicable after receiving the payment direction, give the law practice a notice requesting a law practice certificate for the claim.\n(sec.325J-ssec.5) The law practice must, within 7 days after receiving the notice given under subsection (4) — give the insurer a law practice certificate completed by the supervising principal for the claim; and give a copy of the certificate to the claimant. Maximum penalty—300 penalty units.\n(sec.325J-ssec.6) Subsection (7) applies if— a law practice is retained by a claimant to act in relation to the claimant’s claim for compensation; and the claimant is paid an amount of compensation under a lump sum provision; and when the amount is paid, a law practice certificate has not previously been given to the insurer for the claim under this section.\n(sec.325J-ssec.7) Unless the supervising principal has a reasonable excuse, the principal must, within 7 days after the amount is paid to the claimant— complete a law practice certificate for the claim; and give the certificate to the insurer and a copy of the certificate to the claimant. Maximum penalty—300 penalty units.\n(sec.325J-ssec.8) If the claimant is paid more than 1 amount of lump sum compensation for the claim, the supervising principal need only comply with subsection (7) in relation to the first amount of lump sum compensation paid.\n(sec.325J-ssec.9) In this section— lump sum provision means any of the following provisions— chapter 3 , part 3 , division 3 or 4 ; chapter 3 , part 9 , division 7 ; chapter 3 , part 10 ; chapter 3 , part 11 . payment direction means a direction or authorisation given by a client of a law practice for the payment of compensation for the claimant’s claim to the trust account of the law practice.\n- (a) a law practice is retained by a claimant to act in relation to the claimant’s claim for compensation; and\n- (b) the claimant gives the law practice a payment direction about the payment of compensation for the claim.\n- (a) the payment direction must be accompanied by a law practice certificate completed by the supervising principal for the claim; and\n- (b) a copy of the certificate must be given to the claimant.\n- (a) the insurer receives a payment direction from a claimant other than by receiving a copy from the law practice as mentioned in subsection (2) ; and\n- (b) the payment direction is not accompanied by a law practice certificate.\n- (a) give the insurer a law practice certificate completed by the supervising principal for the claim; and\n- (b) give a copy of the certificate to the claimant.\n- (a) a law practice is retained by a claimant to act in relation to the claimant’s claim for compensation; and\n- (b) the claimant is paid an amount of compensation under a lump sum provision; and\n- (c) when the amount is paid, a law practice certificate has not previously been given to the insurer for the claim under this section.\n- (a) complete a law practice certificate for the claim; and\n- (b) give the certificate to the insurer and a copy of the certificate to the claimant.\n- (a) chapter 3 , part 3 , division 3 or 4 ;\n- (b) chapter 3 , part 9 , division 7 ;\n- (c) chapter 3 , part 10 ;\n- (d) chapter 3 , part 11 .","sortOrder":639},{"sectionNumber":"sec.325K","sectionType":"section","heading":"Duty to give law practice certificate if claimant’s notice of claim does not comply with s 275","content":"### sec.325K Duty to give law practice certificate if claimant’s notice of claim does not comply with s 275\n\nThis section applies if—\na claimant gives notice of the claimant’s claim for damages that does not comply with section 275 (7A) ; and\neither—\nthe insurer waives compliance with the requirements for giving a complying notice of claim under section 278 (2) (b) or (3) ; or\nthe notice of claim is taken to be a complying notice of claim under section 278 (4) .\nIf the supervising principal of a law practice gave the claimant a law practice certificate for the claim under section 325H or 325I and the claimant has not given the certificate to the insurer, the principal must give a copy of the certificate to the insurer as soon as practicable.\nSubsection (4) applies if—\nthe supervising principal of a law practice retained by the claimant in relation to the claimant’s claim did not give the claimant a law practice certificate for the claim under section 325H or 325I ; and\nthe claimant has not subsequently given the insurer a law practice certificate for the claim from the supervising principal.\nThe supervising principal must, within 1 month after the claimant is notified of the waiver or the notice of claim is taken to be a complying notice of claim—\ncomplete a law practice certificate for the claim; and\ngive the certificate to the insurer and a copy of the certificate to the claimant.\nMaximum penalty for subsection (4) —300 penalty units.\ns 325K ins 2022 No. 13 s 60\n(sec.325K-ssec.1) This section applies if— a claimant gives notice of the claimant’s claim for damages that does not comply with section 275 (7A) ; and either— the insurer waives compliance with the requirements for giving a complying notice of claim under section 278 (2) (b) or (3) ; or the notice of claim is taken to be a complying notice of claim under section 278 (4) .\n(sec.325K-ssec.2) If the supervising principal of a law practice gave the claimant a law practice certificate for the claim under section 325H or 325I and the claimant has not given the certificate to the insurer, the principal must give a copy of the certificate to the insurer as soon as practicable.\n(sec.325K-ssec.3) Subsection (4) applies if— the supervising principal of a law practice retained by the claimant in relation to the claimant’s claim did not give the claimant a law practice certificate for the claim under section 325H or 325I ; and the claimant has not subsequently given the insurer a law practice certificate for the claim from the supervising principal.\n(sec.325K-ssec.4) The supervising principal must, within 1 month after the claimant is notified of the waiver or the notice of claim is taken to be a complying notice of claim— complete a law practice certificate for the claim; and give the certificate to the insurer and a copy of the certificate to the claimant. Maximum penalty for subsection (4) —300 penalty units.\n- (a) a claimant gives notice of the claimant’s claim for damages that does not comply with section 275 (7A) ; and\n- (b) either— (i) the insurer waives compliance with the requirements for giving a complying notice of claim under section 278 (2) (b) or (3) ; or (ii) the notice of claim is taken to be a complying notice of claim under section 278 (4) .\n- (i) the insurer waives compliance with the requirements for giving a complying notice of claim under section 278 (2) (b) or (3) ; or\n- (ii) the notice of claim is taken to be a complying notice of claim under section 278 (4) .\n- (i) the insurer waives compliance with the requirements for giving a complying notice of claim under section 278 (2) (b) or (3) ; or\n- (ii) the notice of claim is taken to be a complying notice of claim under section 278 (4) .\n- (a) the supervising principal of a law practice retained by the claimant in relation to the claimant’s claim did not give the claimant a law practice certificate for the claim under section 325H or 325I ; and\n- (b) the claimant has not subsequently given the insurer a law practice certificate for the claim from the supervising principal.\n- (a) complete a law practice certificate for the claim; and\n- (b) give the certificate to the insurer and a copy of the certificate to the claimant.","sortOrder":640},{"sectionNumber":"sec.325L","sectionType":"section","heading":"Supervising principal must complete law practice certificate on finalisation of claim for damages","content":"### sec.325L Supervising principal must complete law practice certificate on finalisation of claim for damages\n\nThis section applies if—\na law practice is retained by a claimant to act in relation to the claimant’s claim for damages; and\neither—\nthe claimant or the insurer accepts an offer, or counter offer, of settlement; or\njudgment is given on the claim.\nThe supervising principal of the law practice in relation to the claim for damages must—\ncomplete a law practice certificate for the claim; and\ngive the certificate to the insurer and a copy of the certificate to the claimant within 7 days after the acceptance or judgment.\nMaximum penalty—300 penalty units.\ns 325L ins 2022 No. 13 s 60\n(sec.325L-ssec.1) This section applies if— a law practice is retained by a claimant to act in relation to the claimant’s claim for damages; and either— the claimant or the insurer accepts an offer, or counter offer, of settlement; or judgment is given on the claim.\n(sec.325L-ssec.2) The supervising principal of the law practice in relation to the claim for damages must— complete a law practice certificate for the claim; and give the certificate to the insurer and a copy of the certificate to the claimant within 7 days after the acceptance or judgment. Maximum penalty—300 penalty units.\n- (a) a law practice is retained by a claimant to act in relation to the claimant’s claim for damages; and\n- (b) either— (i) the claimant or the insurer accepts an offer, or counter offer, of settlement; or (ii) judgment is given on the claim.\n- (i) the claimant or the insurer accepts an offer, or counter offer, of settlement; or\n- (ii) judgment is given on the claim.\n- (i) the claimant or the insurer accepts an offer, or counter offer, of settlement; or\n- (ii) judgment is given on the claim.\n- (a) complete a law practice certificate for the claim; and\n- (b) give the certificate to the insurer and a copy of the certificate to the claimant within 7 days after the acceptance or judgment.","sortOrder":641},{"sectionNumber":"sec.325M","sectionType":"section","heading":"Law practice referral through sale of business","content":"### sec.325M Law practice referral through sale of business\n\nThis section applies if—\na law practice (the current practice ) sells all or part of the law practice’s business to another law practice (the new practice ); and\nas part of the sale, a claimant is to be referred to the new practice; and\nthe claimant has not or will not have lodged an application for compensation or given a notice of claim for damages before the referral occurs.\nThe supervising principal of the current practice must, before the referral occurs—\ncomplete a law practice certificate for the claim; and\ngive the law practice certificate to the new practice and a copy of the certificate to the claimant.\nMaximum penalty—300 penalty units.\nIf the new practice does not receive the law practice certificate mentioned in subsection (2) , the supervising principal of the new practice must, as soon as practicable—\ncomplete a notice that states the new practice has not received the certificate; and\ngive the notice to the insurer.\ns 325M ins 2022 No. 13 s 60\n(sec.325M-ssec.1) This section applies if— a law practice (the current practice ) sells all or part of the law practice’s business to another law practice (the new practice ); and as part of the sale, a claimant is to be referred to the new practice; and the claimant has not or will not have lodged an application for compensation or given a notice of claim for damages before the referral occurs.\n(sec.325M-ssec.2) The supervising principal of the current practice must, before the referral occurs— complete a law practice certificate for the claim; and give the law practice certificate to the new practice and a copy of the certificate to the claimant. Maximum penalty—300 penalty units.\n(sec.325M-ssec.3) If the new practice does not receive the law practice certificate mentioned in subsection (2) , the supervising principal of the new practice must, as soon as practicable— complete a notice that states the new practice has not received the certificate; and give the notice to the insurer.\n- (a) a law practice (the current practice ) sells all or part of the law practice’s business to another law practice (the new practice ); and\n- (b) as part of the sale, a claimant is to be referred to the new practice; and\n- (c) the claimant has not or will not have lodged an application for compensation or given a notice of claim for damages before the referral occurs.\n- (a) complete a law practice certificate for the claim; and\n- (b) give the law practice certificate to the new practice and a copy of the certificate to the claimant.\n- (a) complete a notice that states the new practice has not received the certificate; and\n- (b) give the notice to the insurer.","sortOrder":642},{"sectionNumber":"ch.6B-pt.3","sectionType":"part","heading":"Other requirements relating to law practice certificates","content":"# Other requirements relating to law practice certificates","sortOrder":643},{"sectionNumber":"sec.325N","sectionType":"section","heading":"Supervising principal can not complete law practice certificate or notice","content":"### sec.325N Supervising principal can not complete law practice certificate or notice\n\nThis section applies if the supervising principal of a law practice can not comply with a requirement under part 2 in relation to a claim.\nEither of the following may complete and give the law practice certificate or notice mentioned in section 325M (3) to satisfy the requirement under part 2 for the supervising principal—\nanother principal of the law practice;\nif the supervising principal is the only principal of the law practice—a lawyer nominated by the supervising principal.\ns 325N ins 2022 No. 13 s 60\n(sec.325N-ssec.1) This section applies if the supervising principal of a law practice can not comply with a requirement under part 2 in relation to a claim.\n(sec.325N-ssec.2) Either of the following may complete and give the law practice certificate or notice mentioned in section 325M (3) to satisfy the requirement under part 2 for the supervising principal— another principal of the law practice; if the supervising principal is the only principal of the law practice—a lawyer nominated by the supervising principal.\n- (a) another principal of the law practice;\n- (b) if the supervising principal is the only principal of the law practice—a lawyer nominated by the supervising principal.","sortOrder":644},{"sectionNumber":"sec.325O","sectionType":"section","heading":"Law practice certificate not given","content":"### sec.325O Law practice certificate not given\n\nThis section applies if—\nthe supervising principal of a law practice in relation to a claim fails to give a law practice certificate to the claimant as required under section 325H ; and\nbecause of the principal’s failure, the claimant—\ncan not comply with the requirements of section 275 (7A) within the period that a claimant may bring a proceeding for damages under section 302 ; and\nterminates in writing the engagement of the law practice to act for the claimant in relation to the claim.\nThe principal—\nmust, within 14 days after the termination, refund to the claimant all fees and costs, including disbursements, paid by the claimant in relation to the claim; and\ncan not charge or recover from the claimant any further fees and costs in relation to the claim.\nIn this section—\nclaimant includes potential claimant.\ns 325O ins 2022 No. 13 s 60\n(sec.325O-ssec.1) This section applies if— the supervising principal of a law practice in relation to a claim fails to give a law practice certificate to the claimant as required under section 325H ; and because of the principal’s failure, the claimant— can not comply with the requirements of section 275 (7A) within the period that a claimant may bring a proceeding for damages under section 302 ; and terminates in writing the engagement of the law practice to act for the claimant in relation to the claim.\n(sec.325O-ssec.2) The principal— must, within 14 days after the termination, refund to the claimant all fees and costs, including disbursements, paid by the claimant in relation to the claim; and can not charge or recover from the claimant any further fees and costs in relation to the claim.\n(sec.325O-ssec.3) In this section— claimant includes potential claimant.\n- (a) the supervising principal of a law practice in relation to a claim fails to give a law practice certificate to the claimant as required under section 325H ; and\n- (b) because of the principal’s failure, the claimant— (i) can not comply with the requirements of section 275 (7A) within the period that a claimant may bring a proceeding for damages under section 302 ; and (ii) terminates in writing the engagement of the law practice to act for the claimant in relation to the claim.\n- (i) can not comply with the requirements of section 275 (7A) within the period that a claimant may bring a proceeding for damages under section 302 ; and\n- (ii) terminates in writing the engagement of the law practice to act for the claimant in relation to the claim.\n- (i) can not comply with the requirements of section 275 (7A) within the period that a claimant may bring a proceeding for damages under section 302 ; and\n- (ii) terminates in writing the engagement of the law practice to act for the claimant in relation to the claim.\n- (a) must, within 14 days after the termination, refund to the claimant all fees and costs, including disbursements, paid by the claimant in relation to the claim; and\n- (b) can not charge or recover from the claimant any further fees and costs in relation to the claim.","sortOrder":645},{"sectionNumber":"sec.325P","sectionType":"section","heading":"False or misleading law practice certificate","content":"### sec.325P False or misleading law practice certificate\n\nA supervising principal of a law practice must not sign or give to a claimant, potential claimant or insurer, a law practice certificate or copy of a law practice certificate the principal knows is false or misleading in a material particular.\nMaximum penalty—300 penalty units.\ns 325P ins 2022 No. 13 s 60","sortOrder":646},{"sectionNumber":"ch.6B-pt.4","sectionType":"part","heading":"Referrals of claims and contact to solicit or induce claims","content":"# Referrals of claims and contact to solicit or induce claims","sortOrder":647},{"sectionNumber":"sec.325Q","sectionType":"section","heading":"Meaning of claim referral","content":"### sec.325Q Meaning of claim referral\n\nA claim referral is a referral of a claimant to a person for the purpose of—\nthe person providing a service for the claimant; or\nsomeone other than the person providing a service for the claimant.\nHowever, a claim referral does not include the advertisement or promotion of a service or person that results in a claimant using the service or person if the advertisement or promotion is made to the public or a group of persons.\nan advertisement of services provided by a law practice on the website or in the newsletter of a registered industrial organisation to its members\nthe distribution of promotional stationery or clothing that displays a law practice’s logo to members of a registered industrial organisation\nIn this section—\nclaimant includes a potential claimant.\nservice , for a claimant, means a service related to the claimant’s claim.\na legal service, a medical service\ns 325Q ins 2022 No. 13 s 60\namd 2024 No. 40 s 65 sch 1\n(sec.325Q-ssec.1) A claim referral is a referral of a claimant to a person for the purpose of— the person providing a service for the claimant; or someone other than the person providing a service for the claimant.\n(sec.325Q-ssec.2) However, a claim referral does not include the advertisement or promotion of a service or person that results in a claimant using the service or person if the advertisement or promotion is made to the public or a group of persons. an advertisement of services provided by a law practice on the website or in the newsletter of a registered industrial organisation to its members the distribution of promotional stationery or clothing that displays a law practice’s logo to members of a registered industrial organisation\n(sec.325Q-ssec.3) In this section— claimant includes a potential claimant. service , for a claimant, means a service related to the claimant’s claim. a legal service, a medical service\n- (a) the person providing a service for the claimant; or\n- (b) someone other than the person providing a service for the claimant.\n- • an advertisement of services provided by a law practice on the website or in the newsletter of a registered industrial organisation to its members\n- • the distribution of promotional stationery or clothing that displays a law practice’s logo to members of a registered industrial organisation","sortOrder":648},{"sectionNumber":"sec.325R","sectionType":"section","heading":"Giving or receiving consideration for claim referrals","content":"### sec.325R Giving or receiving consideration for claim referrals\n\nA person (a payer ) must not give, agree to give or allow or cause someone else to give consideration to another person (a payee ) for a claim referral or potential claim referral.\nMaximum penalty—300 penalty units.\nA person (also a payee ) must not receive, agree to receive or allow or cause someone else to receive consideration from another person (also a payer ) for a claim referral or potential claim referral.\nMaximum penalty—300 penalty units.\nThis section does not apply if—\nthe payee is a law practice (the current practice ) that is selling all or part of the law practice’s business to another law practice (the new practice ); and\nthe new practice gives, agrees to give or allows or causes someone else to give the current practice an amount for the referral of a claimant to the new practice; and\nthe amount is not more than the current legal costs for the claimant; and\nthe new practice discloses payment of the amount to the claimant in a costs agreement.\nIn this section—\nclaimant includes a potential claimant.\nconsideration , for a claim referral or potential claim referral, see section 325S .\nlegal costs , for a claimant, means the fees and costs, including disbursements, a law practice is entitled to charge and recover from the claimant in relation to the claimant’s claim or potential claim.\ns 325R ins 2022 No. 13 s 60\n(sec.325R-ssec.1) A person (a payer ) must not give, agree to give or allow or cause someone else to give consideration to another person (a payee ) for a claim referral or potential claim referral. Maximum penalty—300 penalty units.\n(sec.325R-ssec.2) A person (also a payee ) must not receive, agree to receive or allow or cause someone else to receive consideration from another person (also a payer ) for a claim referral or potential claim referral. Maximum penalty—300 penalty units.\n(sec.325R-ssec.3) This section does not apply if— the payee is a law practice (the current practice ) that is selling all or part of the law practice’s business to another law practice (the new practice ); and the new practice gives, agrees to give or allows or causes someone else to give the current practice an amount for the referral of a claimant to the new practice; and the amount is not more than the current legal costs for the claimant; and the new practice discloses payment of the amount to the claimant in a costs agreement.\n(sec.325R-ssec.4) In this section— claimant includes a potential claimant. consideration , for a claim referral or potential claim referral, see section 325S . legal costs , for a claimant, means the fees and costs, including disbursements, a law practice is entitled to charge and recover from the claimant in relation to the claimant’s claim or potential claim.\n- (a) the payee is a law practice (the current practice ) that is selling all or part of the law practice’s business to another law practice (the new practice ); and\n- (b) the new practice gives, agrees to give or allows or causes someone else to give the current practice an amount for the referral of a claimant to the new practice; and\n- (c) the amount is not more than the current legal costs for the claimant; and\n- (d) the new practice discloses payment of the amount to the claimant in a costs agreement.","sortOrder":649},{"sectionNumber":"sec.325S","sectionType":"section","heading":"Meaning of consideration for s 325R","content":"### sec.325S Meaning of consideration for s 325R\n\nConsideration , for a claim referral or potential claim referral, means a fee or other benefit given for the claim referral or potential claim referral but does not include a gift, other than money, or hospitality if the gift or hospitality has a value of $200 or less.\nTo remove any doubt, it is declared that consideration does not include—\na payment or other benefit, not for a claim referral or potential claim referral, to—\na community legal service; or\na registered industrial organisation; or\na registered entity within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) ; or\na school association; or\na sporting association; or\nlegal services provided pro bono by an associate of a law practice to a community legal service\nan amount given by a claimant for a service provided to the claimant as part of making a claim including, for example, an amount for legal costs.\nIn this section—\ncommunity legal service see the Legal Profession Act 2007 , schedule 2 .\nschool association means—\nan association under the Education (General Provisions) Act 2006 ; or\nfor a non-State school under the Education (Accreditation of Non-State Schools) Act 2017 —an association of parents and friends formed for the school.\nsporting association means an association formed and operated on a not-for-profit basis for the purpose of conducting a sporting activity.\ns 325S ins 2022 No. 13 s 60\namd 2024 No. 40 s 65 sch 1\n(sec.325S-ssec.1) Consideration , for a claim referral or potential claim referral, means a fee or other benefit given for the claim referral or potential claim referral but does not include a gift, other than money, or hospitality if the gift or hospitality has a value of $200 or less.\n(sec.325S-ssec.2) To remove any doubt, it is declared that consideration does not include— a payment or other benefit, not for a claim referral or potential claim referral, to— a community legal service; or a registered industrial organisation; or a registered entity within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) ; or a school association; or a sporting association; or legal services provided pro bono by an associate of a law practice to a community legal service an amount given by a claimant for a service provided to the claimant as part of making a claim including, for example, an amount for legal costs.\n(sec.325S-ssec.3) In this section— community legal service see the Legal Profession Act 2007 , schedule 2 . school association means— an association under the Education (General Provisions) Act 2006 ; or for a non-State school under the Education (Accreditation of Non-State Schools) Act 2017 —an association of parents and friends formed for the school. sporting association means an association formed and operated on a not-for-profit basis for the purpose of conducting a sporting activity.\n- (a) a payment or other benefit, not for a claim referral or potential claim referral, to— (i) a community legal service; or (ii) a registered industrial organisation; or (iii) a registered entity within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) ; or (iv) a school association; or (v) a sporting association; or Example— legal services provided pro bono by an associate of a law practice to a community legal service\n- (i) a community legal service; or\n- (ii) a registered industrial organisation; or\n- (iii) a registered entity within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) ; or\n- (iv) a school association; or\n- (v) a sporting association; or\n- (b) an amount given by a claimant for a service provided to the claimant as part of making a claim including, for example, an amount for legal costs.\n- (i) a community legal service; or\n- (ii) a registered industrial organisation; or\n- (iii) a registered entity within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) ; or\n- (iv) a school association; or\n- (v) a sporting association; or\n- (a) an association under the Education (General Provisions) Act 2006 ; or\n- (b) for a non-State school under the Education (Accreditation of Non-State Schools) Act 2017 —an association of parents and friends formed for the school.","sortOrder":650},{"sectionNumber":"sec.325T","sectionType":"section","heading":"Approach or contact for the purpose of making a claim","content":"### sec.325T Approach or contact for the purpose of making a claim\n\nA person (the first person ) must not personally approach or contact another person (the second person ) and solicit or induce the second person to make a claim.\nMaximum penalty—300 penalty units.\nFor subsection (1) , a person personally approaches or contacts another person if the person specifically contacts that person, whether in person or by mail, telephone, email or another form of electronic communication.\nThis section does not apply if—\nthe first person—\ndoes not expect or intend to receive, and does not receive, consideration because of the approach or contact; and\ndoes not ask for someone else to receive, or agree to someone else receiving, consideration because of the approach or contact; or\nboth of the following apply—\nthe first person is a law practice or lawyer that is supplying, or has previously supplied, the second person, or a relative of the second person, with legal services;\nthe first person reasonably believes the second person will not object to the approach or contact; or\nthe first person—\nis a law practice or lawyer that has been asked by a person on behalf of a community legal service or registered industrial organisation (a representative ) to approach or contact the second person; and\nhas been advised by the representative that the representative reasonably believes the second person will not object to the approach or contact.\nThis section applies regardless of whether—\nthe second person is entitled to make the claim; or\nthe second person had already decided to make, or had made, the claim.\nIn this section—\ncommunity legal service see the Legal Profession Act 2007 , schedule 2 .\nconsideration means a fee or other benefit but does not include a gift, other than money, or hospitality if the gift or hospitality has a value of $200 or less.\nlegal services means work done, or business transacted, in the ordinary course of legal practise.\ns 325T ins 2022 No. 13 s 60\namd 2024 No. 40 s 65 sch 1\n(sec.325T-ssec.1) A person (the first person ) must not personally approach or contact another person (the second person ) and solicit or induce the second person to make a claim. Maximum penalty—300 penalty units.\n(sec.325T-ssec.2) For subsection (1) , a person personally approaches or contacts another person if the person specifically contacts that person, whether in person or by mail, telephone, email or another form of electronic communication.\n(sec.325T-ssec.3) This section does not apply if— the first person— does not expect or intend to receive, and does not receive, consideration because of the approach or contact; and does not ask for someone else to receive, or agree to someone else receiving, consideration because of the approach or contact; or both of the following apply— the first person is a law practice or lawyer that is supplying, or has previously supplied, the second person, or a relative of the second person, with legal services; the first person reasonably believes the second person will not object to the approach or contact; or the first person— is a law practice or lawyer that has been asked by a person on behalf of a community legal service or registered industrial organisation (a representative ) to approach or contact the second person; and has been advised by the representative that the representative reasonably believes the second person will not object to the approach or contact.\n(sec.325T-ssec.4) This section applies regardless of whether— the second person is entitled to make the claim; or the second person had already decided to make, or had made, the claim.\n(sec.325T-ssec.5) In this section— community legal service see the Legal Profession Act 2007 , schedule 2 . consideration means a fee or other benefit but does not include a gift, other than money, or hospitality if the gift or hospitality has a value of $200 or less. legal services means work done, or business transacted, in the ordinary course of legal practise.\n- (a) the first person— (i) does not expect or intend to receive, and does not receive, consideration because of the approach or contact; and (ii) does not ask for someone else to receive, or agree to someone else receiving, consideration because of the approach or contact; or\n- (i) does not expect or intend to receive, and does not receive, consideration because of the approach or contact; and\n- (ii) does not ask for someone else to receive, or agree to someone else receiving, consideration because of the approach or contact; or\n- (b) both of the following apply— (i) the first person is a law practice or lawyer that is supplying, or has previously supplied, the second person, or a relative of the second person, with legal services; (ii) the first person reasonably believes the second person will not object to the approach or contact; or\n- (i) the first person is a law practice or lawyer that is supplying, or has previously supplied, the second person, or a relative of the second person, with legal services;\n- (ii) the first person reasonably believes the second person will not object to the approach or contact; or\n- (c) the first person— (i) is a law practice or lawyer that has been asked by a person on behalf of a community legal service or registered industrial organisation (a representative ) to approach or contact the second person; and (ii) has been advised by the representative that the representative reasonably believes the second person will not object to the approach or contact.\n- (i) is a law practice or lawyer that has been asked by a person on behalf of a community legal service or registered industrial organisation (a representative ) to approach or contact the second person; and\n- (ii) has been advised by the representative that the representative reasonably believes the second person will not object to the approach or contact.\n- (i) does not expect or intend to receive, and does not receive, consideration because of the approach or contact; and\n- (ii) does not ask for someone else to receive, or agree to someone else receiving, consideration because of the approach or contact; or\n- (i) the first person is a law practice or lawyer that is supplying, or has previously supplied, the second person, or a relative of the second person, with legal services;\n- (ii) the first person reasonably believes the second person will not object to the approach or contact; or\n- (i) is a law practice or lawyer that has been asked by a person on behalf of a community legal service or registered industrial organisation (a representative ) to approach or contact the second person; and\n- (ii) has been advised by the representative that the representative reasonably believes the second person will not object to the approach or contact.\n- (a) the second person is entitled to make the claim; or\n- (b) the second person had already decided to make, or had made, the claim.","sortOrder":651},{"sectionNumber":"sec.325U","sectionType":"section","heading":"Responsibility for acts or omissions of representative","content":"### sec.325U Responsibility for acts or omissions of representative\n\nThis section applies to a proceeding for an offence against section 325R (1) or (2) or 325T .\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable precautions and proper diligence, have prevented the act or omission.\nTo remove any doubt, it is declared that a representative for an individual includes an employee or agent of a partner of a partnership.\nIn this section—\nexecutive officer , of a corporation, means a person who is concerned with or takes part in its management, whether or not the person is a director or secretary or the person’s position is given the name of executive officer.\nrepresentative means—\nfor an individual—an employee or agent of the individual; or\nfor a corporation—an executive officer, employee or agent of the corporation.\nstate of mind , of a person, includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\ns 325U ins 2022 No. 13 s 60\n(sec.325U-ssec.1) This section applies to a proceeding for an offence against section 325R (1) or (2) or 325T .\n(sec.325U-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.325U-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable precautions and proper diligence, have prevented the act or omission.\n(sec.325U-ssec.4) To remove any doubt, it is declared that a representative for an individual includes an employee or agent of a partner of a partnership.\n(sec.325U-ssec.5) In this section— executive officer , of a corporation, means a person who is concerned with or takes part in its management, whether or not the person is a director or secretary or the person’s position is given the name of executive officer. representative means— for an individual—an employee or agent of the individual; or for a corporation—an executive officer, employee or agent of the corporation. state of mind , of a person, includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) for an individual—an employee or agent of the individual; or\n- (b) for a corporation—an executive officer, employee or agent of the corporation.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":652},{"sectionNumber":"sec.325V","sectionType":"section","heading":"Additional consequences for law practice","content":"### sec.325V Additional consequences for law practice\n\nThis section applies if an associate of a law practice is convicted of an offence against section 325J , 325L , 325R (1) or (2) or 325T in relation to a claim or potential claim.\nThe law practice is not entitled to recover any fees or costs, including disbursements, that relate to the provision of services for the claim and must repay any amount received that relate to the services to the person from whom it was received.\ns 325V ins 2022 No. 13 s 60\n(sec.325V-ssec.1) This section applies if an associate of a law practice is convicted of an offence against section 325J , 325L , 325R (1) or (2) or 325T in relation to a claim or potential claim.\n(sec.325V-ssec.2) The law practice is not entitled to recover any fees or costs, including disbursements, that relate to the provision of services for the claim and must repay any amount received that relate to the services to the person from whom it was received.","sortOrder":653},{"sectionNumber":"sec.325W","sectionType":"section","heading":"Injunction to prevent or restrain a contravention of s 325R or 325T","content":"### sec.325W Injunction to prevent or restrain a contravention of s 325R or 325T\n\nThis section applies if the Regulator reasonably believes a person (an offending party ) has engaged, is engaging or is proposing to engage in conduct, whether in Queensland or elsewhere, that contravened, is contravening or would contravene section 325R (1) or (2) or 325T .\nThe Regulator may apply to a court of competent jurisdiction (the court ) for an injunction restraining the offending party from engaging, or continuing to engage, in the conduct.\nThe court may grant an interim injunction restraining the offending party from engaging, or continuing to engage, in the conduct pending a decision about the application.\nAfter considering the application, the court may—\nif it is satisfied on the balance of probabilities that the offending party has engaged, or is likely to engage or continue to engage, in the conduct—grant the injunction; or\nrefuse to grant the injunction.\nThe court may grant the injunction—\nif it is satisfied the offending party has engaged in the conduct—whether or not it considers the offending party intends to engage again, or continue to engage, in the conduct; or\nif it is satisfied the offending party will engage in the conduct if the injunction is not granted—whether or not the offending party has previously engaged in the conduct.\nIf the court is satisfied there is a sufficient reason for doing so, it may grant an injunction under subsection (3) or (4) without notice to the offending party.\nIn this section—\ncourt of competent jurisdiction includes a court of another State vested with jurisdiction under the cross-vesting laws.\ncross-vesting laws means the Jurisdiction of Courts (Cross-vesting) Act 1987 and the corresponding laws of other States.\ns 325W ins 2022 No. 13 s 60\n(sec.325W-ssec.1) This section applies if the Regulator reasonably believes a person (an offending party ) has engaged, is engaging or is proposing to engage in conduct, whether in Queensland or elsewhere, that contravened, is contravening or would contravene section 325R (1) or (2) or 325T .\n(sec.325W-ssec.2) The Regulator may apply to a court of competent jurisdiction (the court ) for an injunction restraining the offending party from engaging, or continuing to engage, in the conduct.\n(sec.325W-ssec.3) The court may grant an interim injunction restraining the offending party from engaging, or continuing to engage, in the conduct pending a decision about the application.\n(sec.325W-ssec.4) After considering the application, the court may— if it is satisfied on the balance of probabilities that the offending party has engaged, or is likely to engage or continue to engage, in the conduct—grant the injunction; or refuse to grant the injunction.\n(sec.325W-ssec.5) The court may grant the injunction— if it is satisfied the offending party has engaged in the conduct—whether or not it considers the offending party intends to engage again, or continue to engage, in the conduct; or if it is satisfied the offending party will engage in the conduct if the injunction is not granted—whether or not the offending party has previously engaged in the conduct.\n(sec.325W-ssec.6) If the court is satisfied there is a sufficient reason for doing so, it may grant an injunction under subsection (3) or (4) without notice to the offending party.\n(sec.325W-ssec.7) In this section— court of competent jurisdiction includes a court of another State vested with jurisdiction under the cross-vesting laws. cross-vesting laws means the Jurisdiction of Courts (Cross-vesting) Act 1987 and the corresponding laws of other States.\n- (a) if it is satisfied on the balance of probabilities that the offending party has engaged, or is likely to engage or continue to engage, in the conduct—grant the injunction; or\n- (b) refuse to grant the injunction.\n- (a) if it is satisfied the offending party has engaged in the conduct—whether or not it considers the offending party intends to engage again, or continue to engage, in the conduct; or\n- (b) if it is satisfied the offending party will engage in the conduct if the injunction is not granted—whether or not the offending party has previously engaged in the conduct.","sortOrder":654},{"sectionNumber":"sec.325X","sectionType":"section","heading":"Extraterritorial application of part","content":"### sec.325X Extraterritorial application of part\n\nThis part applies both within and outside Queensland.\nThis part applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.\ns 325X ins 2022 No. 13 s 60\n(sec.325X-ssec.1) This part applies both within and outside Queensland.\n(sec.325X-ssec.2) This part applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.","sortOrder":655},{"sectionNumber":"ch.6B-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":656},{"sectionNumber":"sec.325Y","sectionType":"section","heading":null,"content":"### Section sec.325Y\n\ns 325Y ins 2022 No. 13 s 60\nom 2024 No. 40 s 48","sortOrder":657},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Office and appointment","content":"# Office and appointment","sortOrder":658},{"sectionNumber":"sec.326","sectionType":"section","heading":"Establishment of office and appointment of Regulator","content":"### sec.326 Establishment of office and appointment of Regulator\n\nThe office of the Workers’ Compensation Regulator is established.\nThe Governor in Council may appoint a public service officer as the Workers’ Compensation Regulator (the Regulator ).\nThe Regulator is appointed under the Public Sector Act 2022 and may hold that appointment in conjunction with another public service office.\nThe Regulator must act independently when making a decision under this Act but otherwise is subject to direction in the person’s capacity as a public service officer or an officer of the department.\ns 326 sub 2013 No. 52 s 82\namd 2022 No. 34 s 365 sch 3 ; 2024 No. 40 s 65 sch 1\n(sec.326-ssec.1) The office of the Workers’ Compensation Regulator is established.\n(sec.326-ssec.2) The Governor in Council may appoint a public service officer as the Workers’ Compensation Regulator (the Regulator ).\n(sec.326-ssec.3) The Regulator is appointed under the Public Sector Act 2022 and may hold that appointment in conjunction with another public service office.\n(sec.326-ssec.4) The Regulator must act independently when making a decision under this Act but otherwise is subject to direction in the person’s capacity as a public service officer or an officer of the department.","sortOrder":659},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Functions and powers","content":"# Functions and powers","sortOrder":660},{"sectionNumber":"sec.327","sectionType":"section","heading":"Functions of the Regulator","content":"### sec.327 Functions of the Regulator\n\nThe Regulator has the following functions—\nto regulate the workers’ compensation scheme;\nto monitor the compliance of insurers with this Act;\nto monitor the performance of insurers under this Act, including the consistent application of this Act;\nto decide applications relating to self-insurance;\nto approve amounts payable under an industrial instrument for the purposes of section 107B ;\nto undertake reviews of decisions under chapter 13 , part 2 and manage appeals under chapter 13 , part 3 ;\nto support and oversee the efficient administration of medical assessment tribunals;\nto undertake workplace rehabilitation and return to work accreditation activities;\nto provide rehabilitation advisory services;\nto maintain a database for scheme-wide reporting;\nto promote education about the workers’ compensation scheme;\nto collect fees under the Act ;\nto administer grants under the Act ;\nto conduct and defend proceedings under this Act before a court or tribunal;\nto perform other functions given to the Regulator under this or another Act.\nTo remove any doubt, it is declared that proceedings mentioned in subsection (1) (n) may be taken by or against the Regulator in the name ‘the Workers’ Compensation Regulator’.\ns 327 sub 2013 No. 52 s 82\namd 2015 No. 13 s 27\n(sec.327-ssec.1) The Regulator has the following functions— to regulate the workers’ compensation scheme; to monitor the compliance of insurers with this Act; to monitor the performance of insurers under this Act, including the consistent application of this Act; to decide applications relating to self-insurance; to approve amounts payable under an industrial instrument for the purposes of section 107B ; to undertake reviews of decisions under chapter 13 , part 2 and manage appeals under chapter 13 , part 3 ; to support and oversee the efficient administration of medical assessment tribunals; to undertake workplace rehabilitation and return to work accreditation activities; to provide rehabilitation advisory services; to maintain a database for scheme-wide reporting; to promote education about the workers’ compensation scheme; to collect fees under the Act ; to administer grants under the Act ; to conduct and defend proceedings under this Act before a court or tribunal; to perform other functions given to the Regulator under this or another Act.\n(sec.327-ssec.2) To remove any doubt, it is declared that proceedings mentioned in subsection (1) (n) may be taken by or against the Regulator in the name ‘the Workers’ Compensation Regulator’.\n- (a) to regulate the workers’ compensation scheme;\n- (b) to monitor the compliance of insurers with this Act;\n- (c) to monitor the performance of insurers under this Act, including the consistent application of this Act;\n- (d) to decide applications relating to self-insurance;\n- (e) to approve amounts payable under an industrial instrument for the purposes of section 107B ;\n- (f) to undertake reviews of decisions under chapter 13 , part 2 and manage appeals under chapter 13 , part 3 ;\n- (g) to support and oversee the efficient administration of medical assessment tribunals;\n- (h) to undertake workplace rehabilitation and return to work accreditation activities;\n- (i) to provide rehabilitation advisory services;\n- (j) to maintain a database for scheme-wide reporting;\n- (k) to promote education about the workers’ compensation scheme;\n- (l) to collect fees under the Act ;\n- (m) to administer grants under the Act ;\n- (n) to conduct and defend proceedings under this Act before a court or tribunal;\n- (o) to perform other functions given to the Regulator under this or another Act.","sortOrder":661},{"sectionNumber":"sec.328","sectionType":"section","heading":"Powers of the Regulator","content":"### sec.328 Powers of the Regulator\n\nSubject to this Act, the Regulator has the power to do all things necessary or convenient to be done for or in connection with the performance of the Regulator’s functions.\nWithout limiting subsection (1) , the Regulator has all the powers and functions that an authorised person has under this Act.\ns 328 sub 2013 No. 52 s 82\n(sec.328-ssec.1) Subject to this Act, the Regulator has the power to do all things necessary or convenient to be done for or in connection with the performance of the Regulator’s functions.\n(sec.328-ssec.2) Without limiting subsection (1) , the Regulator has all the powers and functions that an authorised person has under this Act.","sortOrder":662},{"sectionNumber":"sec.329","sectionType":"section","heading":"Delegation by the Regulator","content":"### sec.329 Delegation by the Regulator\n\nThe Regulator may delegate a function or power under this Act to an appropriately qualified—\npublic service employee; or\nauthorised person; or\nperson, or a person of a class, prescribed under a regulation.\ns 329 sub 2013 No. 52 s 82\n- (a) public service employee; or\n- (b) authorised person; or\n- (c) person, or a person of a class, prescribed under a regulation.","sortOrder":663},{"sectionNumber":"sec.329A","sectionType":"section","heading":"Scheme directions","content":"### sec.329A Scheme directions\n\nThe Regulator may, with the approval of the Minister, make the following scheme directions—\nscheme directions required or permitted to be made by a provision of this Act;\nscheme directions providing for matters prescribed by regulation.\nScheme directions are taken to be subordinate legislation that is exempt subordinate legislation.\ns 329A ins 2024 No. 40 s 49\n(sec.329A-ssec.1) The Regulator may, with the approval of the Minister, make the following scheme directions— scheme directions required or permitted to be made by a provision of this Act; scheme directions providing for matters prescribed by regulation.\n(sec.329A-ssec.2) Scheme directions are taken to be subordinate legislation that is exempt subordinate legislation.\n- (a) scheme directions required or permitted to be made by a provision of this Act;\n- (b) scheme directions providing for matters prescribed by regulation.","sortOrder":664},{"sectionNumber":"sec.329B","sectionType":"section","heading":"Scheme registers","content":"### sec.329B Scheme registers\n\nThe Regulator must keep the following registers—\na register of persons authorised to make DPI assessments under section 179 ;\na register of providers of attendant care and support and other services as mentioned in section 232K ;\nany other register prescribed by regulation.\nThe Regulator may make a register publicly available on the department’s website or available to insurers or employers by other means the Regulator considers appropriate.\ns 329B ins 2024 No. 40 s 49\n(sec.329B-ssec.1) The Regulator must keep the following registers— a register of persons authorised to make DPI assessments under section 179 ; a register of providers of attendant care and support and other services as mentioned in section 232K ; any other register prescribed by regulation.\n(sec.329B-ssec.2) The Regulator may make a register publicly available on the department’s website or available to insurers or employers by other means the Regulator considers appropriate.\n- (a) a register of persons authorised to make DPI assessments under section 179 ;\n- (b) a register of providers of attendant care and support and other services as mentioned in section 232K ;\n- (c) any other register prescribed by regulation.","sortOrder":665},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Authorised persons","content":"# Authorised persons","sortOrder":666},{"sectionNumber":"ch.7-pt.3-div.1","sectionType":"division","heading":"Appointment of authorised persons","content":"## Appointment of authorised persons","sortOrder":667},{"sectionNumber":"sec.330","sectionType":"section","heading":"Appointment of authorised persons","content":"### sec.330 Appointment of authorised persons\n\nThe Regulator may, by instrument, appoint any of the following as an authorised person for the Regulator—\na public service employee;\nthe holder of a statutory office;\na person of a class prescribed under a regulation.\nThe following are taken to be authorised persons appointed by the Regulator—\na person appointed as an inspector under the Industrial Relations Act 2016 , but only for the purposes of chapter 4 , part 6 , while that person holds the appointment;\na person appointed as an inspector under the Work Health and Safety Act 2011 , while that person holds the appointment.\ns 330 amd 2004 No. 45 s 60 ; 2007 No. 52 s 25\nsub 2013 No. 52 s 82\namd 2016 No. 63 s 1157 sch 6\n(sec.330-ssec.1) The Regulator may, by instrument, appoint any of the following as an authorised person for the Regulator— a public service employee; the holder of a statutory office; a person of a class prescribed under a regulation.\n(sec.330-ssec.2) The following are taken to be authorised persons appointed by the Regulator— a person appointed as an inspector under the Industrial Relations Act 2016 , but only for the purposes of chapter 4 , part 6 , while that person holds the appointment; a person appointed as an inspector under the Work Health and Safety Act 2011 , while that person holds the appointment.\n- (a) a public service employee;\n- (b) the holder of a statutory office;\n- (c) a person of a class prescribed under a regulation.\n- (a) a person appointed as an inspector under the Industrial Relations Act 2016 , but only for the purposes of chapter 4 , part 6 , while that person holds the appointment;\n- (b) a person appointed as an inspector under the Work Health and Safety Act 2011 , while that person holds the appointment.","sortOrder":668},{"sectionNumber":"sec.331","sectionType":"section","heading":"Accountability of authorised persons","content":"### sec.331 Accountability of authorised persons\n\nAn authorised person must give written notice to the Regulator of all interests, pecuniary or otherwise, that the authorised person has, or acquires, and that conflict or could conflict with the proper performance of the authorised person’s functions.\nThe Regulator must give a direction to an authorised person not to deal, or to no longer deal, with a matter if the Regulator becomes aware that the authorised person has a potential conflict of interest in relation to a matter and the Regulator considers that the authorised person should not deal, or should no longer deal, with the matter.\nFailure to comply with subsection (1) or a direction under subsection (2) may result in action by the Regulator under section 332 or disciplinary action under the Public Sector Act 2022 .\ns 331 sub 2013 No. 52 s 82\namd 2022 No. 34 s 365 sch 3\n(sec.331-ssec.1) An authorised person must give written notice to the Regulator of all interests, pecuniary or otherwise, that the authorised person has, or acquires, and that conflict or could conflict with the proper performance of the authorised person’s functions.\n(sec.331-ssec.2) The Regulator must give a direction to an authorised person not to deal, or to no longer deal, with a matter if the Regulator becomes aware that the authorised person has a potential conflict of interest in relation to a matter and the Regulator considers that the authorised person should not deal, or should no longer deal, with the matter. Failure to comply with subsection (1) or a direction under subsection (2) may result in action by the Regulator under section 332 or disciplinary action under the Public Sector Act 2022 .","sortOrder":669},{"sectionNumber":"sec.332","sectionType":"section","heading":"Suspension and ending of appointment of authorised persons","content":"### sec.332 Suspension and ending of appointment of authorised persons\n\nThe Regulator may suspend or end the appointment of a person appointed under section 330 (1) .\nA person’s appointment as an authorised person ends when the person ceases to be eligible for appointment as an authorised person.\ns 332 sub 2013 No. 52 s 82\n(sec.332-ssec.1) The Regulator may suspend or end the appointment of a person appointed under section 330 (1) .\n(sec.332-ssec.2) A person’s appointment as an authorised person ends when the person ceases to be eligible for appointment as an authorised person.","sortOrder":670},{"sectionNumber":"ch.7-pt.3-div.2","sectionType":"division","heading":"Identity cards","content":"## Identity cards","sortOrder":671},{"sectionNumber":"sec.333","sectionType":"section","heading":"Identity cards","content":"### sec.333 Identity cards\n\nThe Regulator must issue an identity card to each authorised person.\nThe card must—\ncontain a recent photo of the authorised person; and\ncontain a copy of the authorised person’s signature; and\nidentify the person as an authorised person under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\ns 333 sub 2013 No. 52 s 82\n(sec.333-ssec.1) The Regulator must issue an identity card to each authorised person.\n(sec.333-ssec.2) The card must— contain a recent photo of the authorised person; and contain a copy of the authorised person’s signature; and identify the person as an authorised person under this Act; and state an expiry date for the card.\n(sec.333-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the authorised person; and\n- (b) contain a copy of the authorised person’s signature; and\n- (c) identify the person as an authorised person under this Act; and\n- (d) state an expiry date for the card.","sortOrder":672},{"sectionNumber":"sec.334","sectionType":"section","heading":"Production or display of identity card","content":"### sec.334 Production or display of identity card\n\nIn exercising a power under this Act in relation to a person in the person’s presence, an authorised person must—\nproduce the authorised person’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the person’s inspection at the first reasonable opportunity.\ns 334 sub 2013 No. 52 s 82\n(sec.334-ssec.1) In exercising a power under this Act in relation to a person in the person’s presence, an authorised person must— produce the authorised person’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.334-ssec.2) However, if it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the person’s inspection at the first reasonable opportunity.\n- (a) produce the authorised person’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":673},{"sectionNumber":"sec.335","sectionType":"section","heading":"Return of identity card","content":"### sec.335 Return of identity card\n\nIf a person to whom an identity card has been issued ceases to be an authorised person, the person must return the identity card to the Regulator as soon as practicable.\nMaximum penalty—40 penalty units.\ns 335 sub 2013 No. 52 s 82","sortOrder":674},{"sectionNumber":"ch.7-pt.3-div.3","sectionType":"division","heading":"Functions of authorised persons etc.","content":"## Functions of authorised persons etc.","sortOrder":675},{"sectionNumber":"sec.336","sectionType":"section","heading":"Functions of authorised persons","content":"### sec.336 Functions of authorised persons\n\nAn authorised person has the following functions under this Act—\nto provide to the Regulator information and advice about compliance with this Act;\nto require compliance with this Act through the issuing of notices;\nto investigate contraventions of this Act and assist in the prosecution of offences against this Act.\ns 336 sub 2013 No. 52 s 82\n- (a) to provide to the Regulator information and advice about compliance with this Act;\n- (b) to require compliance with this Act through the issuing of notices;\n- (c) to investigate contraventions of this Act and assist in the prosecution of offences against this Act.","sortOrder":676},{"sectionNumber":"sec.337","sectionType":"section","heading":"Conditions on authorised persons’ compliance powers","content":"### sec.337 Conditions on authorised persons’ compliance powers\n\nAn authorised person’s powers under this Act are subject to any conditions stated in the instrument of the authorised person’s appointment.\ns 337 amd 2007 No. 20 s 118\nsub 2013 No. 52 s 82","sortOrder":677},{"sectionNumber":"sec.338","sectionType":"section","heading":"Authorised persons subject to Regulator’s directions","content":"### sec.338 Authorised persons subject to Regulator’s directions\n\nAn authorised person is subject to the Regulator’s direction in the exercise of powers under this Act.\nA direction under subsection (1) may be of a general nature or may relate to a stated matter or stated class of matter.\nWithout limiting subsection (1) , the Regulator must issue directions to authorised persons to ensure powers are exercised under this Act in a way that minimises any adverse effect on the privacy, confidentiality and security of persons and businesses.\ns 338 amd 2010 No. 24 s 3 sch\nsub 2013 No. 52 s 82\n(sec.338-ssec.1) An authorised person is subject to the Regulator’s direction in the exercise of powers under this Act.\n(sec.338-ssec.2) A direction under subsection (1) may be of a general nature or may relate to a stated matter or stated class of matter.\n(sec.338-ssec.3) Without limiting subsection (1) , the Regulator must issue directions to authorised persons to ensure powers are exercised under this Act in a way that minimises any adverse effect on the privacy, confidentiality and security of persons and businesses.","sortOrder":678},{"sectionNumber":"sec.339","sectionType":"section","heading":"Protection from liability","content":"### sec.339 Protection from liability\n\nAn authorised person does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to an authorised person, the liability attaches instead to the State.\ns 339 sub 2013 No. 52 s 82\n(sec.339-ssec.1) An authorised person does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.339-ssec.2) If subsection (1) prevents a civil liability attaching to an authorised person, the liability attaches instead to the State.","sortOrder":679},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":680},{"sectionNumber":"ch.7-pt.4-div.1","sectionType":"division","heading":null,"content":"","sortOrder":681},{"sectionNumber":"ch.7-pt.4-div.2","sectionType":"division","heading":null,"content":"","sortOrder":682},{"sectionNumber":"sec.340","sectionType":"section","heading":null,"content":"### Section sec.340\n\ns 340 om 2013 No. 52 s 82","sortOrder":683},{"sectionNumber":"sec.341","sectionType":"section","heading":null,"content":"### Section sec.341\n\ns 341 om 2013 No. 52 s 82","sortOrder":684},{"sectionNumber":"sec.342","sectionType":"section","heading":null,"content":"### Section sec.342\n\ns 342 om 2013 No. 52 s 82","sortOrder":685},{"sectionNumber":"sec.343","sectionType":"section","heading":null,"content":"### Section sec.343\n\ns 343 om 2013 No. 52 s 82","sortOrder":686},{"sectionNumber":"sec.344","sectionType":"section","heading":null,"content":"### Section sec.344\n\ns 344 om 2013 No. 52 s 82","sortOrder":687},{"sectionNumber":"sec.345","sectionType":"section","heading":null,"content":"### Section sec.345\n\ns 345 om 2013 No. 52 s 82","sortOrder":688},{"sectionNumber":"sec.346","sectionType":"section","heading":null,"content":"### Section sec.346\n\ns 346 om 2013 No. 52 s 82","sortOrder":689},{"sectionNumber":"sec.347","sectionType":"section","heading":null,"content":"### Section sec.347\n\ns 347 om 2013 No. 52 s 82","sortOrder":690},{"sectionNumber":"sec.348","sectionType":"section","heading":null,"content":"### Section sec.348\n\ns 348 om 2013 No. 52 s 82","sortOrder":691},{"sectionNumber":"sec.349","sectionType":"section","heading":null,"content":"### Section sec.349\n\ns 349 om 2013 No. 52 s 82","sortOrder":692},{"sectionNumber":"ch.7-pt.4-div.3","sectionType":"division","heading":null,"content":"","sortOrder":693},{"sectionNumber":"sec.350","sectionType":"section","heading":null,"content":"### Section sec.350\n\ns 350 om 2013 No. 52 s 82","sortOrder":694},{"sectionNumber":"sec.351","sectionType":"section","heading":null,"content":"### Section sec.351\n\ns 351 om 2013 No. 52 s 82","sortOrder":695},{"sectionNumber":"sec.352","sectionType":"section","heading":null,"content":"### Section sec.352\n\ns 352 om 2013 No. 52 s 82","sortOrder":696},{"sectionNumber":"sec.353","sectionType":"section","heading":null,"content":"### Section sec.353\n\ns 353 om 2013 No. 52 s 82","sortOrder":697},{"sectionNumber":"sec.354","sectionType":"section","heading":null,"content":"### Section sec.354\n\ns 354 om 2013 No. 52 s 82","sortOrder":698},{"sectionNumber":"ch.7-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":699},{"sectionNumber":"sec.355","sectionType":"section","heading":null,"content":"### Section sec.355\n\ns 355 amd 2008 No. 38 s 252 sch 3\nom 2013 No. 52 s 82","sortOrder":700},{"sectionNumber":"sec.356","sectionType":"section","heading":null,"content":"### Section sec.356\n\ns 356 om 2013 No. 52 s 82","sortOrder":701},{"sectionNumber":"sec.357","sectionType":"section","heading":null,"content":"### Section sec.357\n\ns 357 om 2013 No. 52 s 82","sortOrder":702},{"sectionNumber":"sec.358","sectionType":"section","heading":null,"content":"### Section sec.358\n\ns 358 om 2013 No. 52 s 82","sortOrder":703},{"sectionNumber":"sec.359","sectionType":"section","heading":null,"content":"### Section sec.359\n\ns 359 om 2013 No. 52 s 82","sortOrder":704},{"sectionNumber":"ch.7-pt.6","sectionType":"part","heading":null,"content":"","sortOrder":705},{"sectionNumber":"sec.360","sectionType":"section","heading":null,"content":"### Section sec.360\n\ns 360 amd 2008 No. 38 s 252 sch 3\nom 2013 No. 52 s 82","sortOrder":706},{"sectionNumber":"sec.361","sectionType":"section","heading":null,"content":"### Section sec.361\n\ns 361 sub 2008 No. 38 s 252 sch 3\nom 2013 No. 52 s 82","sortOrder":707},{"sectionNumber":"ch.7-pt.7","sectionType":"part","heading":null,"content":"","sortOrder":708},{"sectionNumber":"sec.362","sectionType":"section","heading":null,"content":"### Section sec.362\n\ns 362 om 2013 No. 52 s 82","sortOrder":709},{"sectionNumber":"sec.363","sectionType":"section","heading":null,"content":"### Section sec.363\n\ns 363 amd 2009 No. 9 s 136 sch 1\nom 2013 No. 52 s 82","sortOrder":710},{"sectionNumber":"sec.364","sectionType":"section","heading":null,"content":"### Section sec.364\n\ns 364 amd 2007 No. 52 s 26\nom 2013 No. 52 s 82","sortOrder":711},{"sectionNumber":"sec.365","sectionType":"section","heading":null,"content":"### Section sec.365\n\ns 365 om 2013 No. 52 s 82","sortOrder":712},{"sectionNumber":"ch.7-pt.8","sectionType":"part","heading":null,"content":"","sortOrder":713},{"sectionNumber":"ch.7-pt.8-div.1","sectionType":"division","heading":null,"content":"","sortOrder":714},{"sectionNumber":"sec.366","sectionType":"section","heading":null,"content":"### Section sec.366\n\ns 366 om 2013 No. 52 s 82","sortOrder":715},{"sectionNumber":"sec.367","sectionType":"section","heading":null,"content":"### Section sec.367\n\ns 367 om 2013 No. 52 s 82","sortOrder":716},{"sectionNumber":"sec.368","sectionType":"section","heading":null,"content":"### Section sec.368\n\ns 368 om 2013 No. 52 s 82","sortOrder":717},{"sectionNumber":"sec.369","sectionType":"section","heading":null,"content":"### Section sec.369\n\ns 369 om 2013 No. 52 s 82","sortOrder":718},{"sectionNumber":"ch.7-pt.8-div.2","sectionType":"division","heading":null,"content":"","sortOrder":719},{"sectionNumber":"sec.370","sectionType":"section","heading":null,"content":"### Section sec.370\n\ns 370 amd 2007 No. 23 s 65\nom 2013 No. 52 s 82","sortOrder":720},{"sectionNumber":"sec.371","sectionType":"section","heading":null,"content":"### Section sec.371\n\ns 371 amd 2007 No. 23 s 66\nom 2013 No. 52 s 82","sortOrder":721},{"sectionNumber":"sec.372","sectionType":"section","heading":null,"content":"### Section sec.372\n\ns 372 amd 2004 No. 45 s 3 sch ; 2007 No. 23 s 67\nom 2013 No. 52 s 82","sortOrder":722},{"sectionNumber":"sec.373","sectionType":"section","heading":null,"content":"### Section sec.373\n\ns 373 amd 2007 No. 23 s 68\nom 2013 No. 52 s 82","sortOrder":723},{"sectionNumber":"sec.374","sectionType":"section","heading":null,"content":"### Section sec.374\n\ns 374 om 2013 No. 52 s 82","sortOrder":724},{"sectionNumber":"ch.7-pt.9","sectionType":"part","heading":null,"content":"","sortOrder":725},{"sectionNumber":"sec.375","sectionType":"section","heading":null,"content":"### Section sec.375\n\ns 375 om 2013 No. 52 s 82","sortOrder":726},{"sectionNumber":"sec.376","sectionType":"section","heading":null,"content":"### Section sec.376\n\ns 376 om 2013 No. 52 s 82","sortOrder":727},{"sectionNumber":"sec.377","sectionType":"section","heading":null,"content":"### Section sec.377\n\ns 377 om 2013 No. 52 s 82","sortOrder":728},{"sectionNumber":"sec.378","sectionType":"section","heading":null,"content":"### Section sec.378\n\ns 378 om 2013 No. 52 s 82","sortOrder":729},{"sectionNumber":"sec.379","sectionType":"section","heading":null,"content":"### Section sec.379\n\ns 379 amd 2009 No. 13 s 213 sch 5 ; 2010 No. 38 s 78 sch 3\nom 2013 No. 52 s 82","sortOrder":730},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Establishment","content":"# Establishment","sortOrder":731},{"sectionNumber":"sec.380","sectionType":"section","heading":"WorkCover is established","content":"### sec.380 WorkCover is established\n\nWorkCover Queensland is established.","sortOrder":732},{"sectionNumber":"sec.381","sectionType":"section","heading":"WorkCover is a body corporate etc.","content":"### sec.381 WorkCover is a body corporate etc.\n\nWorkCover—\nis a body corporate with perpetual succession; and\nhas a common seal; and\nmay sue and be sued in its corporate name.\n- (a) is a body corporate with perpetual succession; and\n- (b) has a common seal; and\n- (c) may sue and be sued in its corporate name.","sortOrder":733},{"sectionNumber":"sec.382","sectionType":"section","heading":"Relationship with State","content":"### sec.382 Relationship with State\n\nWorkCover represents the State.\nWithout limiting subsection (1) , every WorkCover policy or other insurance contract with WorkCover is guaranteed by the government of the State.\nIf WorkCover is unable to pay from a fund under its control an amount payable by WorkCover under a policy or contract guaranteed under subsection (2) , the amount is to be paid out of consolidated fund to WorkCover.\nThe consolidated fund is appropriated for the amount.\n(sec.382-ssec.1) WorkCover represents the State.\n(sec.382-ssec.2) Without limiting subsection (1) , every WorkCover policy or other insurance contract with WorkCover is guaranteed by the government of the State.\n(sec.382-ssec.3) If WorkCover is unable to pay from a fund under its control an amount payable by WorkCover under a policy or contract guaranteed under subsection (2) , the amount is to be paid out of consolidated fund to WorkCover.\n(sec.382-ssec.4) The consolidated fund is appropriated for the amount.","sortOrder":734},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Functions and powers","content":"# Functions and powers","sortOrder":735},{"sectionNumber":"ch.8-pt.2-div.1","sectionType":"division","heading":"Functions and insurance business","content":"## Functions and insurance business","sortOrder":736},{"sectionNumber":"sec.383","sectionType":"section","heading":"General statement of WorkCover’s functions","content":"### sec.383 General statement of WorkCover’s functions\n\nWorkCover’s functions are as follows—\nto undertake the insurance business mentioned in section 384 ;\nto fund and provide programs and incentives to encourage improved health and safety performance by employers;\nto perform other functions conferred on it by this or another Act;\nto do anything necessary for the administration of this Act that is not the function of another entity.\nIn performing its functions, WorkCover—\nmust, as far as practicable, deliver insurance as a commercial enterprise; and\nis subject to the Minister’s directions under chapter 9 .\ns 383 amd 2019 No. 33 s 70\n(sec.383-ssec.1) WorkCover’s functions are as follows— to undertake the insurance business mentioned in section 384 ; to fund and provide programs and incentives to encourage improved health and safety performance by employers; to perform other functions conferred on it by this or another Act; to do anything necessary for the administration of this Act that is not the function of another entity.\n(sec.383-ssec.2) In performing its functions, WorkCover— must, as far as practicable, deliver insurance as a commercial enterprise; and is subject to the Minister’s directions under chapter 9 .\n- (a) to undertake the insurance business mentioned in section 384 ;\n- (b) to fund and provide programs and incentives to encourage improved health and safety performance by employers;\n- (c) to perform other functions conferred on it by this or another Act;\n- (d) to do anything necessary for the administration of this Act that is not the function of another entity.\n- (a) must, as far as practicable, deliver insurance as a commercial enterprise; and\n- (b) is subject to the Minister’s directions under chapter 9 .","sortOrder":737},{"sectionNumber":"sec.384","sectionType":"section","heading":"WorkCover’s insurance business","content":"### sec.384 WorkCover’s insurance business\n\nWorkCover may undertake the business of—\naccident insurance; and\nother insurance this Act authorises WorkCover to undertake.\nWorkCover may reinsure, on conditions that it considers appropriate, all or part of any risk accepted by it.\n(sec.384-ssec.1) WorkCover may undertake the business of— accident insurance; and other insurance this Act authorises WorkCover to undertake.\n(sec.384-ssec.2) WorkCover may reinsure, on conditions that it considers appropriate, all or part of any risk accepted by it.\n- (a) accident insurance; and\n- (b) other insurance this Act authorises WorkCover to undertake.","sortOrder":738},{"sectionNumber":"sec.385","sectionType":"section","heading":"WorkCover as the exclusive provider of accident insurance","content":"### sec.385 WorkCover as the exclusive provider of accident insurance\n\nAccident insurance is to be undertaken only by WorkCover.\nPolicies for accident insurance are to be issued by or for WorkCover and no other person or association or group of persons.\nA policy issued in contravention of this section is unenforceable at law.\nThis section is subject to the provisions of this Act authorising self-insurers to provide accident insurance.\n(sec.385-ssec.1) Accident insurance is to be undertaken only by WorkCover.\n(sec.385-ssec.2) Policies for accident insurance are to be issued by or for WorkCover and no other person or association or group of persons.\n(sec.385-ssec.3) A policy issued in contravention of this section is unenforceable at law.\n(sec.385-ssec.4) This section is subject to the provisions of this Act authorising self-insurers to provide accident insurance.","sortOrder":739},{"sectionNumber":"sec.385A","sectionType":"section","heading":"WorkCover may fund and provide programs and incentives","content":"### sec.385A WorkCover may fund and provide programs and incentives\n\nWorkCover may fund and provide programs and incentives to encourage improved health and safety performance by employers.\nBefore acting under subsection (1) , WorkCover must consult with—\nthe regulator under the Work Health and Safety Act 2011 ; and\nany prescribed entity that has a function or power under an Act relating to the program or incentive proposed.\nThis section does not limit section 384 or 481A .\nIn this section—\nprescribed entity means an entity prescribed by regulation for this definition.\ns 385A ins 2019 No. 33 s 71\n(sec.385A-ssec.1) WorkCover may fund and provide programs and incentives to encourage improved health and safety performance by employers.\n(sec.385A-ssec.2) Before acting under subsection (1) , WorkCover must consult with— the regulator under the Work Health and Safety Act 2011 ; and any prescribed entity that has a function or power under an Act relating to the program or incentive proposed.\n(sec.385A-ssec.3) This section does not limit section 384 or 481A .\n(sec.385A-ssec.4) In this section— prescribed entity means an entity prescribed by regulation for this definition.\n- (a) the regulator under the Work Health and Safety Act 2011 ; and\n- (b) any prescribed entity that has a function or power under an Act relating to the program or incentive proposed.","sortOrder":740},{"sectionNumber":"sec.386","sectionType":"section","heading":"WorkCover’s offices","content":"### sec.386 WorkCover’s offices\n\nWorkCover may establish offices anywhere and discontinue any WorkCover offices.","sortOrder":741},{"sectionNumber":"ch.8-pt.2-div.2","sectionType":"division","heading":"Powers generally","content":"## Powers generally","sortOrder":742},{"sectionNumber":"sec.387","sectionType":"section","heading":"Objects of div 2","content":"### sec.387 Objects of div 2\n\nThe objects of this division include—\nabolishing any application of the doctrine of ultra vires to WorkCover; and\nensuring that WorkCover gives effect to any restrictions on its objects or powers, but without affecting the validity of its dealings with outsiders.\n- (a) abolishing any application of the doctrine of ultra vires to WorkCover; and\n- (b) ensuring that WorkCover gives effect to any restrictions on its objects or powers, but without affecting the validity of its dealings with outsiders.","sortOrder":743},{"sectionNumber":"sec.388","sectionType":"section","heading":"WorkCover’s general powers","content":"### sec.388 WorkCover’s general powers\n\nWorkCover has, for or in connection with the performance of its functions, all the powers of a natural person, including, for example, the power to—\nenter into contracts; and\nacquire, hold, dispose of and deal with property; and\nappoint attorney and agents, including for debt collection; and\ncharge, and fix terms, for goods, services and information supplied by it; and\nengage consultants; and\nestablish subsidiaries; and\ndo all other things necessary or convenient to be done for, or in connection with, the performance of its functions.\nWithout limiting subsection (1) , WorkCover has the powers that are conferred on it by this or another Act.\nWorkCover may exercise its powers inside and outside Queensland.\nWithout limiting subsection (3) , WorkCover may exercise its powers in a foreign country.\nThe fact that the doing of an act by WorkCover would not be, or is not, in its best interests does not affect its power to do the act.\nIn this section—\npower includes legal capacity.\n(sec.388-ssec.1) WorkCover has, for or in connection with the performance of its functions, all the powers of a natural person, including, for example, the power to— enter into contracts; and acquire, hold, dispose of and deal with property; and appoint attorney and agents, including for debt collection; and charge, and fix terms, for goods, services and information supplied by it; and engage consultants; and establish subsidiaries; and do all other things necessary or convenient to be done for, or in connection with, the performance of its functions.\n(sec.388-ssec.2) Without limiting subsection (1) , WorkCover has the powers that are conferred on it by this or another Act.\n(sec.388-ssec.3) WorkCover may exercise its powers inside and outside Queensland.\n(sec.388-ssec.4) Without limiting subsection (3) , WorkCover may exercise its powers in a foreign country.\n(sec.388-ssec.5) The fact that the doing of an act by WorkCover would not be, or is not, in its best interests does not affect its power to do the act.\n(sec.388-ssec.6) In this section— power includes legal capacity.\n- (a) enter into contracts; and\n- (b) acquire, hold, dispose of and deal with property; and\n- (c) appoint attorney and agents, including for debt collection; and\n- (d) charge, and fix terms, for goods, services and information supplied by it; and\n- (e) engage consultants; and\n- (f) establish subsidiaries; and\n- (g) do all other things necessary or convenient to be done for, or in connection with, the performance of its functions.","sortOrder":744},{"sectionNumber":"sec.389","sectionType":"section","heading":"General restriction on WorkCover’s powers","content":"### sec.389 General restriction on WorkCover’s powers\n\nSection 388 applies to WorkCover subject to any restrictions on WorkCover’s powers expressly imposed under this or another Act.\nSection 388 also applies to WorkCover subject to any restrictions expressly imposed by—\nWorkCover’s statement of corporate intent; and\nany relevant directions, notifications or approvals given to WorkCover by the Minister.\nWorkCover contravenes this subsection if—\nWorkCover exercises a power contrary to a restriction mentioned in subsection (1) or (2) ; or\ndoes an act otherwise than for its functions.\nThe exercise of the power mentioned in subsection (3) (a) , or the act mentioned in subsection (3) (b) , is not invalid merely because of the contravention.\nA WorkCover officer who is involved in the contravention contravenes this subsection.\nAn act of the officer is not invalid merely because, by doing the act, the officer contravenes subsection (5) .\nWorkCover or a WorkCover officer is not guilty of an offence merely because of the contravention.\nThe fact that—\nby exercising the powers mentioned in subsection (3) (a) , or doing the act as mentioned in subsection (3) (b) , WorkCover contravened, or would contravene, subsection (3) ; or\nby doing a particular act, a WorkCover officer contravened, or would contravene, subsection (5) ;\nmay be asserted or relied on only in proceedings between the Minister or the State and officers of WorkCover.\nIn this section—\nrestriction includes prohibition.\nWorkCover officer means—\na WorkCover director; or\na WorkCover employee; or\nan employee of the employing office or of another government entity or non-Queensland government entity who performs work for WorkCover under a work performance arrangement.\ns 389 amd 2007 No. 20 s 119\n(sec.389-ssec.1) Section 388 applies to WorkCover subject to any restrictions on WorkCover’s powers expressly imposed under this or another Act.\n(sec.389-ssec.2) Section 388 also applies to WorkCover subject to any restrictions expressly imposed by— WorkCover’s statement of corporate intent; and any relevant directions, notifications or approvals given to WorkCover by the Minister.\n(sec.389-ssec.3) WorkCover contravenes this subsection if— WorkCover exercises a power contrary to a restriction mentioned in subsection (1) or (2) ; or does an act otherwise than for its functions.\n(sec.389-ssec.4) The exercise of the power mentioned in subsection (3) (a) , or the act mentioned in subsection (3) (b) , is not invalid merely because of the contravention.\n(sec.389-ssec.5) A WorkCover officer who is involved in the contravention contravenes this subsection.\n(sec.389-ssec.6) An act of the officer is not invalid merely because, by doing the act, the officer contravenes subsection (5) .\n(sec.389-ssec.7) WorkCover or a WorkCover officer is not guilty of an offence merely because of the contravention.\n(sec.389-ssec.8) The fact that— by exercising the powers mentioned in subsection (3) (a) , or doing the act as mentioned in subsection (3) (b) , WorkCover contravened, or would contravene, subsection (3) ; or by doing a particular act, a WorkCover officer contravened, or would contravene, subsection (5) ; may be asserted or relied on only in proceedings between the Minister or the State and officers of WorkCover.\n(sec.389-ssec.9) In this section— restriction includes prohibition. WorkCover officer means— a WorkCover director; or a WorkCover employee; or an employee of the employing office or of another government entity or non-Queensland government entity who performs work for WorkCover under a work performance arrangement.\n- (a) WorkCover’s statement of corporate intent; and\n- (b) any relevant directions, notifications or approvals given to WorkCover by the Minister.\n- (a) WorkCover exercises a power contrary to a restriction mentioned in subsection (1) or (2) ; or\n- (b) does an act otherwise than for its functions.\n- (a) by exercising the powers mentioned in subsection (3) (a) , or doing the act as mentioned in subsection (3) (b) , WorkCover contravened, or would contravene, subsection (3) ; or\n- (b) by doing a particular act, a WorkCover officer contravened, or would contravene, subsection (5) ;\n- (a) a WorkCover director; or\n- (b) a WorkCover employee; or\n- (c) an employee of the employing office or of another government entity or non-Queensland government entity who performs work for WorkCover under a work performance arrangement.","sortOrder":745},{"sectionNumber":"sec.390","sectionType":"section","heading":"Disposal of main undertakings","content":"### sec.390 Disposal of main undertakings\n\nWorkCover may dispose of any of its main undertakings only with the prior written approval of the Minister.\nIn this section—\nmain undertakings means the undertakings specified as WorkCover’s main undertakings in WorkCover’s most recent statement of corporate intent.\n(sec.390-ssec.1) WorkCover may dispose of any of its main undertakings only with the prior written approval of the Minister.\n(sec.390-ssec.2) In this section— main undertakings means the undertakings specified as WorkCover’s main undertakings in WorkCover’s most recent statement of corporate intent.","sortOrder":746},{"sectionNumber":"sec.391","sectionType":"section","heading":"Acquiring and disposing of subsidiaries","content":"### sec.391 Acquiring and disposing of subsidiaries\n\nWorkCover may do the following only with the prior written approval of the Minister—\nform, or participate in the formation of, a company that will become a WorkCover subsidiary;\nacquire shares, or participate in any other transaction that will result in a body corporate becoming, or ceasing to be a WorkCover subsidiary.\n- (a) form, or participate in the formation of, a company that will become a WorkCover subsidiary;\n- (b) acquire shares, or participate in any other transaction that will result in a body corporate becoming, or ceasing to be a WorkCover subsidiary.","sortOrder":747},{"sectionNumber":"sec.392","sectionType":"section","heading":"Protection of persons who deal with WorkCover","content":"### sec.392 Protection of persons who deal with WorkCover\n\nIf a person has dealings with WorkCover—\nthe person is entitled to make the assumptions mentioned in subsection (3) ; and\nin a proceeding about the dealings, any assertion by WorkCover that the matters that the person is entitled to assume were not correct must be disregarded.\nIf a person (the first person ) has dealings with another person (the second person ) who has acquired, or purports to have acquired, title to property from WorkCover (whether directly or indirectly)—\nthe first person is entitled to make the assumptions mentioned in subsection (3) ; and\nin a proceeding for the dealings, any assertion by WorkCover or the second person that the matters that the first person is entitled to assume were not correct must be disregarded.\nThe assumptions that a person is, because of subsection (1) or (2) , entitled to make are—\nthat, at all relevant times, this Act has been complied with; and\nthat a person who is held out by WorkCover to be a WorkCover officer or agent of WorkCover—\nhas been properly appointed; and\nhas authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and\nthat a WorkCover officer or agent of WorkCover who has authority to issue a document for WorkCover has authority to warrant that the document is genuine; and\nthat a WorkCover officer or agent of WorkCover who has authority to issue a certified copy of a document for WorkCover has authority to warrant that the copy is a true copy; and\nthat a document has been properly sealed by WorkCover if—\nit bears what appears to be an imprint of WorkCover’s seal; and\nthe sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be a WorkCover director or WorkCover’s chief executive officer; and\nthat the directors, chief executive officer, employees and agents of WorkCover have properly performed their duties to WorkCover.\nHowever, a person is not entitled to assume a matter mentioned in subsection (3) if—\nthe person has actual knowledge that the assumption would be incorrect; or\nbecause of the person’s connection or relationship with WorkCover, the person ought to know that the assumption would be incorrect.\nIf, because of subsection (4) , a person is not entitled to make a particular assumption—\nif the assumption is in relation to dealings with WorkCover— subsection (1) does not apply to any assertion by WorkCover in relation to the assumption; or\nif the assumption is in relation to an acquisition or purported acquisition from WorkCover of title to property— subsection (2) does not apply to any assertion by WorkCover or another person in relation to the assumption.\nIn this section—\nWorkCover officer means—\na WorkCover director; or\na WorkCover employee; or\nan employee of the employing office or of another government entity or non-Queensland government entity who performs work for WorkCover under a work performance arrangement.\ns 392 amd 2007 No. 20 s 120 ; 2010 No. 24 s 3 sch\n(sec.392-ssec.1) If a person has dealings with WorkCover— the person is entitled to make the assumptions mentioned in subsection (3) ; and in a proceeding about the dealings, any assertion by WorkCover that the matters that the person is entitled to assume were not correct must be disregarded.\n(sec.392-ssec.2) If a person (the first person ) has dealings with another person (the second person ) who has acquired, or purports to have acquired, title to property from WorkCover (whether directly or indirectly)— the first person is entitled to make the assumptions mentioned in subsection (3) ; and in a proceeding for the dealings, any assertion by WorkCover or the second person that the matters that the first person is entitled to assume were not correct must be disregarded.\n(sec.392-ssec.3) The assumptions that a person is, because of subsection (1) or (2) , entitled to make are— that, at all relevant times, this Act has been complied with; and that a person who is held out by WorkCover to be a WorkCover officer or agent of WorkCover— has been properly appointed; and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and that a WorkCover officer or agent of WorkCover who has authority to issue a document for WorkCover has authority to warrant that the document is genuine; and that a WorkCover officer or agent of WorkCover who has authority to issue a certified copy of a document for WorkCover has authority to warrant that the copy is a true copy; and that a document has been properly sealed by WorkCover if— it bears what appears to be an imprint of WorkCover’s seal; and the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be a WorkCover director or WorkCover’s chief executive officer; and that the directors, chief executive officer, employees and agents of WorkCover have properly performed their duties to WorkCover.\n(sec.392-ssec.4) However, a person is not entitled to assume a matter mentioned in subsection (3) if— the person has actual knowledge that the assumption would be incorrect; or because of the person’s connection or relationship with WorkCover, the person ought to know that the assumption would be incorrect.\n(sec.392-ssec.5) If, because of subsection (4) , a person is not entitled to make a particular assumption— if the assumption is in relation to dealings with WorkCover— subsection (1) does not apply to any assertion by WorkCover in relation to the assumption; or if the assumption is in relation to an acquisition or purported acquisition from WorkCover of title to property— subsection (2) does not apply to any assertion by WorkCover or another person in relation to the assumption.\n(sec.392-ssec.6) In this section— WorkCover officer means— a WorkCover director; or a WorkCover employee; or an employee of the employing office or of another government entity or non-Queensland government entity who performs work for WorkCover under a work performance arrangement.\n- (a) the person is entitled to make the assumptions mentioned in subsection (3) ; and\n- (b) in a proceeding about the dealings, any assertion by WorkCover that the matters that the person is entitled to assume were not correct must be disregarded.\n- (a) the first person is entitled to make the assumptions mentioned in subsection (3) ; and\n- (b) in a proceeding for the dealings, any assertion by WorkCover or the second person that the matters that the first person is entitled to assume were not correct must be disregarded.\n- (a) that, at all relevant times, this Act has been complied with; and\n- (b) that a person who is held out by WorkCover to be a WorkCover officer or agent of WorkCover— (i) has been properly appointed; and (ii) has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and\n- (i) has been properly appointed; and\n- (ii) has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and\n- (c) that a WorkCover officer or agent of WorkCover who has authority to issue a document for WorkCover has authority to warrant that the document is genuine; and\n- (d) that a WorkCover officer or agent of WorkCover who has authority to issue a certified copy of a document for WorkCover has authority to warrant that the copy is a true copy; and\n- (e) that a document has been properly sealed by WorkCover if— (i) it bears what appears to be an imprint of WorkCover’s seal; and (ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be a WorkCover director or WorkCover’s chief executive officer; and\n- (i) it bears what appears to be an imprint of WorkCover’s seal; and\n- (ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be a WorkCover director or WorkCover’s chief executive officer; and\n- (f) that the directors, chief executive officer, employees and agents of WorkCover have properly performed their duties to WorkCover.\n- (i) has been properly appointed; and\n- (ii) has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and\n- (i) it bears what appears to be an imprint of WorkCover’s seal; and\n- (ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be a WorkCover director or WorkCover’s chief executive officer; and\n- (a) the person has actual knowledge that the assumption would be incorrect; or\n- (b) because of the person’s connection or relationship with WorkCover, the person ought to know that the assumption would be incorrect.\n- (a) if the assumption is in relation to dealings with WorkCover— subsection (1) does not apply to any assertion by WorkCover in relation to the assumption; or\n- (b) if the assumption is in relation to an acquisition or purported acquisition from WorkCover of title to property— subsection (2) does not apply to any assertion by WorkCover or another person in relation to the assumption.\n- (a) a WorkCover director; or\n- (b) a WorkCover employee; or\n- (c) an employee of the employing office or of another government entity or non-Queensland government entity who performs work for WorkCover under a work performance arrangement.","sortOrder":748},{"sectionNumber":"sec.393","sectionType":"section","heading":"Reserve power of Minister to direct that asset not be disposed of","content":"### sec.393 Reserve power of Minister to direct that asset not be disposed of\n\nThe Minister may, after consultation with WorkCover’s board, give the board a written direction requiring WorkCover not to dispose of a specified asset.\nThe board must ensure that the direction is complied with.\nThe Minister must cause a copy of the direction to be published in the gazette within 21 days after it is given.\ns 393 amd 2009 No. 38 s 60\n(sec.393-ssec.1) The Minister may, after consultation with WorkCover’s board, give the board a written direction requiring WorkCover not to dispose of a specified asset.\n(sec.393-ssec.2) The board must ensure that the direction is complied with.\n(sec.393-ssec.3) The Minister must cause a copy of the direction to be published in the gazette within 21 days after it is given.","sortOrder":749},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Obligations","content":"# Obligations","sortOrder":750},{"sectionNumber":"ch.8-pt.3-div.1","sectionType":"division","heading":"Corporate plan","content":"## Corporate plan","sortOrder":751},{"sectionNumber":"sec.394","sectionType":"section","heading":"WorkCover must have corporate plan","content":"### sec.394 WorkCover must have corporate plan\n\nWorkCover must have a corporate plan.","sortOrder":752},{"sectionNumber":"sec.395","sectionType":"section","heading":"Guidelines in relation to corporate plans","content":"### sec.395 Guidelines in relation to corporate plans\n\nThe Minister may issue guidelines about the form and content of WorkCover’s corporate plan.\nWorkCover must comply with the guidelines.\n(sec.395-ssec.1) The Minister may issue guidelines about the form and content of WorkCover’s corporate plan.\n(sec.395-ssec.2) WorkCover must comply with the guidelines.","sortOrder":753},{"sectionNumber":"sec.396","sectionType":"section","heading":"Draft corporate plan","content":"### sec.396 Draft corporate plan\n\nWorkCover’s board must prepare, and submit to the Minister for the Minister’s agreement, a draft corporate plan not later than 2 months before the start of each financial year.\nThe board and the Minister must endeavour to reach agreement on the draft plan as soon as possible and, for a draft corporate plan for a financial year, in any case not later than 1 month before the start of the financial year.\n(sec.396-ssec.1) WorkCover’s board must prepare, and submit to the Minister for the Minister’s agreement, a draft corporate plan not later than 2 months before the start of each financial year.\n(sec.396-ssec.2) The board and the Minister must endeavour to reach agreement on the draft plan as soon as possible and, for a draft corporate plan for a financial year, in any case not later than 1 month before the start of the financial year.","sortOrder":754},{"sectionNumber":"sec.397","sectionType":"section","heading":"Special procedures for draft corporate plan","content":"### sec.397 Special procedures for draft corporate plan\n\nThe Minister may return a draft corporate plan to WorkCover’s board and ask it to—\nconsider or further consider any matter and deal with the matter in the draft plan; and\nrevise the draft plan in the light of its consideration or further consideration.\nThe board must comply with the request as a matter of urgency.\nIf, for a financial year, a draft corporate plan has not been agreed to by the Minister by 1 month before the start of the financial year, the Minister may, by written notice, direct the board—\nto take specified steps in relation to the draft plan; or\nto make specified changes to the draft plan.\nThe board must immediately comply with a direction under subsection (3) .\nThe Minister must cause a copy of the direction to be published in the gazette within 21 days after it is given.\ns 397 amd 2009 No. 38 s 60\n(sec.397-ssec.1) The Minister may return a draft corporate plan to WorkCover’s board and ask it to— consider or further consider any matter and deal with the matter in the draft plan; and revise the draft plan in the light of its consideration or further consideration.\n(sec.397-ssec.2) The board must comply with the request as a matter of urgency.\n(sec.397-ssec.3) If, for a financial year, a draft corporate plan has not been agreed to by the Minister by 1 month before the start of the financial year, the Minister may, by written notice, direct the board— to take specified steps in relation to the draft plan; or to make specified changes to the draft plan.\n(sec.397-ssec.4) The board must immediately comply with a direction under subsection (3) .\n(sec.397-ssec.5) The Minister must cause a copy of the direction to be published in the gazette within 21 days after it is given.\n- (a) consider or further consider any matter and deal with the matter in the draft plan; and\n- (b) revise the draft plan in the light of its consideration or further consideration.\n- (a) to take specified steps in relation to the draft plan; or\n- (b) to make specified changes to the draft plan.","sortOrder":755},{"sectionNumber":"sec.398","sectionType":"section","heading":"Corporate plan on agreement","content":"### sec.398 Corporate plan on agreement\n\nWhen a draft corporate plan is agreed to by the Minister, it becomes WorkCover’s corporate plan for the relevant financial year.","sortOrder":756},{"sectionNumber":"sec.399","sectionType":"section","heading":"Corporate plan pending agreement","content":"### sec.399 Corporate plan pending agreement\n\nThis section applies if, for a financial year, the Minister has not agreed to a draft corporate plan before the start of the financial year.\nThe draft corporate plan submitted or last submitted by WorkCover’s board to the Minister before the start of the financial year, with any changes made by the board, whether before or after that time, at the direction of the Minister, is taken to be WorkCover’s corporate plan until a draft corporate plan becomes WorkCover’s corporate plan under section 398 .\n(sec.399-ssec.1) This section applies if, for a financial year, the Minister has not agreed to a draft corporate plan before the start of the financial year.\n(sec.399-ssec.2) The draft corporate plan submitted or last submitted by WorkCover’s board to the Minister before the start of the financial year, with any changes made by the board, whether before or after that time, at the direction of the Minister, is taken to be WorkCover’s corporate plan until a draft corporate plan becomes WorkCover’s corporate plan under section 398 .","sortOrder":757},{"sectionNumber":"sec.400","sectionType":"section","heading":"Changes to corporate plan","content":"### sec.400 Changes to corporate plan\n\nWorkCover’s corporate plan may be changed by its board with the Minister’s agreement.\nThe Minister may, by written notice, direct the board to change the corporate plan.\nThe Minister must cause a copy of the direction to be published in the gazette within 21 days after it is given.\ns 400 amd 2009 No. 38 s 60\n(sec.400-ssec.1) WorkCover’s corporate plan may be changed by its board with the Minister’s agreement.\n(sec.400-ssec.2) The Minister may, by written notice, direct the board to change the corporate plan.\n(sec.400-ssec.3) The Minister must cause a copy of the direction to be published in the gazette within 21 days after it is given.","sortOrder":758},{"sectionNumber":"ch.8-pt.3-div.2","sectionType":"division","heading":"Statement of corporate intent","content":"## Statement of corporate intent","sortOrder":759},{"sectionNumber":"sec.401","sectionType":"section","heading":"WorkCover must have statement of corporate intent","content":"### sec.401 WorkCover must have statement of corporate intent\n\nWorkCover must have a statement of corporate intent for each financial year.","sortOrder":760},{"sectionNumber":"sec.402","sectionType":"section","heading":"Statement of corporate intent must be consistent with corporate plan","content":"### sec.402 Statement of corporate intent must be consistent with corporate plan\n\nWorkCover’s statement of corporate intent must be consistent with its corporate plan.","sortOrder":761},{"sectionNumber":"sec.403","sectionType":"section","heading":"Matters to be included in statement of corporate intent","content":"### sec.403 Matters to be included in statement of corporate intent\n\nWorkCover’s statement of corporate intent must specify WorkCover’s financial and non-financial performance targets for its activities for the relevant financial year.\nThe statement of corporate intent must also include the matters required by the following sections—\nsection 404 ;\nsection 410 ;\nsection 451 .\n(sec.403-ssec.1) WorkCover’s statement of corporate intent must specify WorkCover’s financial and non-financial performance targets for its activities for the relevant financial year.\n(sec.403-ssec.2) The statement of corporate intent must also include the matters required by the following sections— section 404 ; section 410 ; section 451 .\n- (a) section 404 ;\n- (b) section 410 ;\n- (c) section 451 .","sortOrder":762},{"sectionNumber":"sec.404","sectionType":"section","heading":"Additional matters to be included in statement of corporate intent","content":"### sec.404 Additional matters to be included in statement of corporate intent\n\nWorkCover’s statement of corporate intent must include the following additional matters—\nan outline of WorkCover’s objectives;\nan outline of the nature and scope of the activities proposed to be undertaken by WorkCover during the relevant financial year;\nan outline of WorkCover’s main undertakings during the relevant financial year;\nWorkCover’s capital structure and payments to the consolidated fund under section 460 ;\nan outline of the borrowings made, and proposed to be made, by WorkCover;\nan outline of the policies adopted by WorkCover to minimise and manage any risk of investments and borrowings that may adversely affect its financial stability;\nan outline of WorkCover’s policies and procedures relating to the acquisition and disposal of major assets;\nWorkCover’s accounting policies that apply to the preparation of its accounts;\nthe type of information to be given to the Minister, including information to be given in quarterly and annual reports.\nThe Minister may exempt WorkCover from including any matter, or any aspect of a matter, mentioned in subsection (1) in the statement of corporate intent.\nSubsection (1) does not limit the matters that may be included in a statement of corporate intent.\n(sec.404-ssec.1) WorkCover’s statement of corporate intent must include the following additional matters— an outline of WorkCover’s objectives; an outline of the nature and scope of the activities proposed to be undertaken by WorkCover during the relevant financial year; an outline of WorkCover’s main undertakings during the relevant financial year; WorkCover’s capital structure and payments to the consolidated fund under section 460 ; an outline of the borrowings made, and proposed to be made, by WorkCover; an outline of the policies adopted by WorkCover to minimise and manage any risk of investments and borrowings that may adversely affect its financial stability; an outline of WorkCover’s policies and procedures relating to the acquisition and disposal of major assets; WorkCover’s accounting policies that apply to the preparation of its accounts; the type of information to be given to the Minister, including information to be given in quarterly and annual reports.\n(sec.404-ssec.2) The Minister may exempt WorkCover from including any matter, or any aspect of a matter, mentioned in subsection (1) in the statement of corporate intent.\n(sec.404-ssec.3) Subsection (1) does not limit the matters that may be included in a statement of corporate intent.\n- (a) an outline of WorkCover’s objectives;\n- (b) an outline of the nature and scope of the activities proposed to be undertaken by WorkCover during the relevant financial year;\n- (c) an outline of WorkCover’s main undertakings during the relevant financial year;\n- (d) WorkCover’s capital structure and payments to the consolidated fund under section 460 ;\n- (e) an outline of the borrowings made, and proposed to be made, by WorkCover;\n- (f) an outline of the policies adopted by WorkCover to minimise and manage any risk of investments and borrowings that may adversely affect its financial stability;\n- (g) an outline of WorkCover’s policies and procedures relating to the acquisition and disposal of major assets;\n- (h) WorkCover’s accounting policies that apply to the preparation of its accounts;\n- (i) the type of information to be given to the Minister, including information to be given in quarterly and annual reports.","sortOrder":763},{"sectionNumber":"sec.405","sectionType":"section","heading":"Draft statement of corporate intent","content":"### sec.405 Draft statement of corporate intent\n\nWorkCover’s board must prepare, and submit to the Minister for the Minister’s agreement, a draft statement of corporate intent not later than 2 months before the start of each financial year.\nThe board and the Minister must endeavour to reach agreement on the draft statement as soon as possible and, for a draft statement of corporate intent for a financial year, in any case not later than the start of the financial year.\n(sec.405-ssec.1) WorkCover’s board must prepare, and submit to the Minister for the Minister’s agreement, a draft statement of corporate intent not later than 2 months before the start of each financial year.\n(sec.405-ssec.2) The board and the Minister must endeavour to reach agreement on the draft statement as soon as possible and, for a draft statement of corporate intent for a financial year, in any case not later than the start of the financial year.","sortOrder":764},{"sectionNumber":"sec.406","sectionType":"section","heading":"Special procedures for draft statement of corporate intent","content":"### sec.406 Special procedures for draft statement of corporate intent\n\nThe Minister may return the draft statement of corporate intent to WorkCover’s board and ask it to—\nconsider or further consider any matter and deal with the matter in the draft statement; and\nrevise the draft statement in the light of its consideration or further consideration.\nThe board must comply with the request as a matter of urgency.\nIf, for a financial year, a draft statement of corporate intent of WorkCover has not been agreed to by the Minister before the start of the financial year, the Minister may, by written notice, direct the board—\nto take specified steps in relation to the draft statement; or\nto make specified changes to the draft statement.\nThe board must immediately comply with a direction under subsection (3) .\nThe Minister must cause a copy of the direction to be published in the gazette within 21 days after it is given.\ns 406 amd 2009 No. 38 s 60\n(sec.406-ssec.1) The Minister may return the draft statement of corporate intent to WorkCover’s board and ask it to— consider or further consider any matter and deal with the matter in the draft statement; and revise the draft statement in the light of its consideration or further consideration.\n(sec.406-ssec.2) The board must comply with the request as a matter of urgency.\n(sec.406-ssec.3) If, for a financial year, a draft statement of corporate intent of WorkCover has not been agreed to by the Minister before the start of the financial year, the Minister may, by written notice, direct the board— to take specified steps in relation to the draft statement; or to make specified changes to the draft statement.\n(sec.406-ssec.4) The board must immediately comply with a direction under subsection (3) .\n(sec.406-ssec.5) The Minister must cause a copy of the direction to be published in the gazette within 21 days after it is given.\n- (a) consider or further consider any matter and deal with the matter in the draft statement; and\n- (b) revise the draft statement in the light of its consideration or further consideration.\n- (a) to take specified steps in relation to the draft statement; or\n- (b) to make specified changes to the draft statement.","sortOrder":765},{"sectionNumber":"sec.407","sectionType":"section","heading":"Statement of corporate intent on agreement","content":"### sec.407 Statement of corporate intent on agreement\n\nWhen a draft statement of corporate intent of WorkCover is agreed to by the Minister, it becomes WorkCover’s statement of corporate intent for the relevant financial year.","sortOrder":766},{"sectionNumber":"sec.408","sectionType":"section","heading":"Changes to statement of corporate intent","content":"### sec.408 Changes to statement of corporate intent\n\nWorkCover’s statement of corporate intent may be changed by its board with the Minister’s agreement.\nThe Minister may, by written notice, direct the board to change the statement of corporate intent.\nBefore giving the direction, the Minister must consult with the board and take its views into account.\nThe Minister must cause a copy of the direction to be published in the gazette within 21 days after it is given.\ns 408 amd 2009 No. 38 s 60\n(sec.408-ssec.1) WorkCover’s statement of corporate intent may be changed by its board with the Minister’s agreement.\n(sec.408-ssec.2) The Minister may, by written notice, direct the board to change the statement of corporate intent.\n(sec.408-ssec.3) Before giving the direction, the Minister must consult with the board and take its views into account.\n(sec.408-ssec.4) The Minister must cause a copy of the direction to be published in the gazette within 21 days after it is given.","sortOrder":767},{"sectionNumber":"ch.8-pt.3-div.3","sectionType":"division","heading":"Community service obligations","content":"## Community service obligations","sortOrder":768},{"sectionNumber":"sec.409","sectionType":"section","heading":"Meaning of community service obligations","content":"### sec.409 Meaning of community service obligations\n\nWorkCover’s community service obligations are obligations to perform activities that WorkCover’s board establishes to the Minister’s satisfaction—\nare not in the commercial interests of WorkCover to perform; and\narise because of a direction, notification or duty to which this section applies.\nThis section applies to the following directions, notifications and duties—\na direction given to WorkCover’s board under section 393 ;\na direction given to WorkCover’s board under section 397 ;\na direction given to WorkCover’s board under section 400 ;\na direction given to WorkCover’s board under section 406 ;\na direction given to WorkCover’s board under section 408 ;\na notification given to WorkCover’s board under section 480 ;\na direction given to WorkCover’s board under section 481 ;\na statutory duty to perform activities, including any economic development activities.\ns 409 amd 2013 No. 52 s 83\n(sec.409-ssec.1) WorkCover’s community service obligations are obligations to perform activities that WorkCover’s board establishes to the Minister’s satisfaction— are not in the commercial interests of WorkCover to perform; and arise because of a direction, notification or duty to which this section applies.\n(sec.409-ssec.2) This section applies to the following directions, notifications and duties— a direction given to WorkCover’s board under section 393 ; a direction given to WorkCover’s board under section 397 ; a direction given to WorkCover’s board under section 400 ; a direction given to WorkCover’s board under section 406 ; a direction given to WorkCover’s board under section 408 ; a notification given to WorkCover’s board under section 480 ; a direction given to WorkCover’s board under section 481 ; a statutory duty to perform activities, including any economic development activities.\n- (a) are not in the commercial interests of WorkCover to perform; and\n- (b) arise because of a direction, notification or duty to which this section applies.\n- (a) a direction given to WorkCover’s board under section 393 ;\n- (b) a direction given to WorkCover’s board under section 397 ;\n- (c) a direction given to WorkCover’s board under section 400 ;\n- (d) a direction given to WorkCover’s board under section 406 ;\n- (e) a direction given to WorkCover’s board under section 408 ;\n- (f) a notification given to WorkCover’s board under section 480 ;\n- (g) a direction given to WorkCover’s board under section 481 ;\n- (h) a statutory duty to perform activities, including any economic development activities.","sortOrder":769},{"sectionNumber":"sec.410","sectionType":"section","heading":"Community service obligations to be specified in statement of corporate intent","content":"### sec.410 Community service obligations to be specified in statement of corporate intent\n\nThe community service obligations that WorkCover is to perform are to be specified in its statement of corporate intent.\nThe costings of, funding for, or other arrangements to make adjustments relating to, WorkCover’s community service obligations are also to be specified in its statement of corporate intent.\nThe statement of corporate intent is conclusive, as between the Government and WorkCover, of—\nthe nature and extent of WorkCover’s community service obligations; and\nthe ways in which, and the extent to which, WorkCover is to be compensated by the Government for performing its community service obligations.\n(sec.410-ssec.1) The community service obligations that WorkCover is to perform are to be specified in its statement of corporate intent.\n(sec.410-ssec.2) The costings of, funding for, or other arrangements to make adjustments relating to, WorkCover’s community service obligations are also to be specified in its statement of corporate intent.\n(sec.410-ssec.3) The statement of corporate intent is conclusive, as between the Government and WorkCover, of— the nature and extent of WorkCover’s community service obligations; and the ways in which, and the extent to which, WorkCover is to be compensated by the Government for performing its community service obligations.\n- (a) the nature and extent of WorkCover’s community service obligations; and\n- (b) the ways in which, and the extent to which, WorkCover is to be compensated by the Government for performing its community service obligations.","sortOrder":770},{"sectionNumber":"ch.8-pt.3-div.4","sectionType":"division","heading":"Reports and other accountability matters","content":"## Reports and other accountability matters","sortOrder":771},{"sectionNumber":"sec.411","sectionType":"section","heading":"Quarterly reports","content":"### sec.411 Quarterly reports\n\nWorkCover’s board must give to the Minister a report on the operations of WorkCover for each quarter of a financial year.\nA quarterly report must be given to the Minister—\nwithin 1 month after the end of the quarter; or\nif another period after the end of the quarter is agreed between the board and the Minister—within the agreed period.\nA quarterly report must include the information required to be given in the report by WorkCover’s statement of corporate intent.\n(sec.411-ssec.1) WorkCover’s board must give to the Minister a report on the operations of WorkCover for each quarter of a financial year.\n(sec.411-ssec.2) A quarterly report must be given to the Minister— within 1 month after the end of the quarter; or if another period after the end of the quarter is agreed between the board and the Minister—within the agreed period.\n(sec.411-ssec.3) A quarterly report must include the information required to be given in the report by WorkCover’s statement of corporate intent.\n- (a) within 1 month after the end of the quarter; or\n- (b) if another period after the end of the quarter is agreed between the board and the Minister—within the agreed period.","sortOrder":772},{"sectionNumber":"sec.412","sectionType":"section","heading":"Matters to be included in annual report","content":"### sec.412 Matters to be included in annual report\n\nEach annual report of WorkCover must—\ncontain the information that is required to be included in the report by the Minister to enable an informed assessment to be made of WorkCover’s operations, including a comparison of the performance of WorkCover’s statement of corporate intent; and\nstate WorkCover’s policy for the relevant financial year for payments to the consolidated fund under section 460 ; and\ninclude the statement of corporate intent for the relevant financial year; and\ninclude particulars of any changes made to the statement of corporate intent during the relevant financial year; and\ninclude particulars of any directions and notifications given to WorkCover’s board by the Minister that relate to the relevant financial year; and\ninclude particulars of the impact on the financial position, profits and losses and prospects of WorkCover of any changes made to the statement of corporate intent, and any directions and notifications given to the board by the Minister, that relate to the relevant financial year.\nEach annual report of WorkCover must also state whether or not WorkCover’s directors consider there are, when the statement is made, reasonable grounds to believe that WorkCover will be able to pay its debts as and when they fall due.\n(sec.412-ssec.1) Each annual report of WorkCover must— contain the information that is required to be included in the report by the Minister to enable an informed assessment to be made of WorkCover’s operations, including a comparison of the performance of WorkCover’s statement of corporate intent; and state WorkCover’s policy for the relevant financial year for payments to the consolidated fund under section 460 ; and include the statement of corporate intent for the relevant financial year; and include particulars of any changes made to the statement of corporate intent during the relevant financial year; and include particulars of any directions and notifications given to WorkCover’s board by the Minister that relate to the relevant financial year; and include particulars of the impact on the financial position, profits and losses and prospects of WorkCover of any changes made to the statement of corporate intent, and any directions and notifications given to the board by the Minister, that relate to the relevant financial year.\n(sec.412-ssec.2) Each annual report of WorkCover must also state whether or not WorkCover’s directors consider there are, when the statement is made, reasonable grounds to believe that WorkCover will be able to pay its debts as and when they fall due.\n- (a) contain the information that is required to be included in the report by the Minister to enable an informed assessment to be made of WorkCover’s operations, including a comparison of the performance of WorkCover’s statement of corporate intent; and\n- (b) state WorkCover’s policy for the relevant financial year for payments to the consolidated fund under section 460 ; and\n- (c) include the statement of corporate intent for the relevant financial year; and\n- (d) include particulars of any changes made to the statement of corporate intent during the relevant financial year; and\n- (e) include particulars of any directions and notifications given to WorkCover’s board by the Minister that relate to the relevant financial year; and\n- (f) include particulars of the impact on the financial position, profits and losses and prospects of WorkCover of any changes made to the statement of corporate intent, and any directions and notifications given to the board by the Minister, that relate to the relevant financial year.","sortOrder":773},{"sectionNumber":"sec.413","sectionType":"section","heading":"Deletion of commercially sensitive matters from annual report etc.","content":"### sec.413 Deletion of commercially sensitive matters from annual report etc.\n\nIf WorkCover’s board asks the Minister to delete from the copies of an annual report of WorkCover and accompanying documents that are to be made public a matter that is of a commercially sensitive nature, the Minister may delete the matter from the copies of the annual report and accompanying documents that are laid before the Legislative Assembly or otherwise made public.\nAn annual report of WorkCover may include a summary of a matter required to be included in the annual report, rather than a full statement of the matter, if—\nthe summary indicates that it is a summary only; and\na full statement of the matter is laid before the Legislative Assembly at the same time as a copy of the annual report is laid before the Legislative Assembly.\nSubsections (1) and (2) have effect despite section 412 or another Act.\nSubsection (1) has effect despite subsection (2) .\n(sec.413-ssec.1) If WorkCover’s board asks the Minister to delete from the copies of an annual report of WorkCover and accompanying documents that are to be made public a matter that is of a commercially sensitive nature, the Minister may delete the matter from the copies of the annual report and accompanying documents that are laid before the Legislative Assembly or otherwise made public.\n(sec.413-ssec.2) An annual report of WorkCover may include a summary of a matter required to be included in the annual report, rather than a full statement of the matter, if— the summary indicates that it is a summary only; and a full statement of the matter is laid before the Legislative Assembly at the same time as a copy of the annual report is laid before the Legislative Assembly.\n(sec.413-ssec.3) Subsections (1) and (2) have effect despite section 412 or another Act.\n(sec.413-ssec.4) Subsection (1) has effect despite subsection (2) .\n- (a) the summary indicates that it is a summary only; and\n- (b) a full statement of the matter is laid before the Legislative Assembly at the same time as a copy of the annual report is laid before the Legislative Assembly.","sortOrder":774},{"sectionNumber":"sec.414","sectionType":"section","heading":"Board to keep Minister informed","content":"### sec.414 Board to keep Minister informed\n\nWorkCover’s board must—\nkeep the Minister reasonably informed of the operations, financial performance and financial position of WorkCover, including the assets and liabilities, profits and losses and prospects of WorkCover; and\ngive the Minister reports and information that the Minister requires to enable the Minister to make informed assessments of matters mentioned in paragraph (a) ; and\nif matters arise that in the board’s opinion may prevent, or significantly affect, achievement of WorkCover’s objectives outlined in its statement of corporate intent or targets under its corporate plan—immediately inform the Minister of the matters and its opinion about them.\nSubsection (1) does not limit the matters of which the board is required to keep the Minister informed, or limit the reports or information that the board is required, or may be required, to give to the Minister, by another Act.\n(sec.414-ssec.1) WorkCover’s board must— keep the Minister reasonably informed of the operations, financial performance and financial position of WorkCover, including the assets and liabilities, profits and losses and prospects of WorkCover; and give the Minister reports and information that the Minister requires to enable the Minister to make informed assessments of matters mentioned in paragraph (a) ; and if matters arise that in the board’s opinion may prevent, or significantly affect, achievement of WorkCover’s objectives outlined in its statement of corporate intent or targets under its corporate plan—immediately inform the Minister of the matters and its opinion about them.\n(sec.414-ssec.2) Subsection (1) does not limit the matters of which the board is required to keep the Minister informed, or limit the reports or information that the board is required, or may be required, to give to the Minister, by another Act.\n- (a) keep the Minister reasonably informed of the operations, financial performance and financial position of WorkCover, including the assets and liabilities, profits and losses and prospects of WorkCover; and\n- (b) give the Minister reports and information that the Minister requires to enable the Minister to make informed assessments of matters mentioned in paragraph (a) ; and\n- (c) if matters arise that in the board’s opinion may prevent, or significantly affect, achievement of WorkCover’s objectives outlined in its statement of corporate intent or targets under its corporate plan—immediately inform the Minister of the matters and its opinion about them.","sortOrder":775},{"sectionNumber":"ch.8-pt.3-div.5","sectionType":"division","heading":"Duties and liabilities of directors and other officers of WorkCover","content":"## Duties and liabilities of directors and other officers of WorkCover","sortOrder":776},{"sectionNumber":"sec.415","sectionType":"section","heading":"Disclosure of interests by director","content":"### sec.415 Disclosure of interests by director\n\nIf a WorkCover director has a direct or indirect interest in a matter being considered, or about to be considered, by WorkCover’s board, the director must disclose the nature of the interest to a meeting of the board as soon as practicable after the relevant facts come to the director’s knowledge.\nMaximum penalty—100 penalty units.\nThe disclosure must be recorded in the board’s minutes.\n(sec.415-ssec.1) If a WorkCover director has a direct or indirect interest in a matter being considered, or about to be considered, by WorkCover’s board, the director must disclose the nature of the interest to a meeting of the board as soon as practicable after the relevant facts come to the director’s knowledge. Maximum penalty—100 penalty units.\n(sec.415-ssec.2) The disclosure must be recorded in the board’s minutes.","sortOrder":777},{"sectionNumber":"sec.416","sectionType":"section","heading":"Voting by interested director","content":"### sec.416 Voting by interested director\n\nA WorkCover director who has a material personal interest in a matter that is being considered by WorkCover’s board must not—\nvote on the matter; or\nvote on a proposed resolution (a related resolution ) under subsection (2) in relation to the matter (whether in relation to the director or another director); or\nbe present while the matter, or a related resolution, is being considered by the board; or\notherwise take part in any decision of the board in relation to the matter or a related resolution.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to the matter if the board has at any time passed a resolution that—\nspecifies the director, the interest and the matter; and\nstates that the directors voting for the resolution are satisfied that the interest should not disqualify the director from considering or voting on the matter.\nA quorum is present during a consideration of a matter by the board only if at least 2 directors are present who are entitled to vote on any motion that may be moved in relation to the matter.\nThe Minister may, by signing consent to a proposed resolution, deal with a matter if the board can not deal with it because of subsection (3) .\n(sec.416-ssec.1) A WorkCover director who has a material personal interest in a matter that is being considered by WorkCover’s board must not— vote on the matter; or vote on a proposed resolution (a related resolution ) under subsection (2) in relation to the matter (whether in relation to the director or another director); or be present while the matter, or a related resolution, is being considered by the board; or otherwise take part in any decision of the board in relation to the matter or a related resolution. Maximum penalty—100 penalty units.\n(sec.416-ssec.2) Subsection (1) does not apply to the matter if the board has at any time passed a resolution that— specifies the director, the interest and the matter; and states that the directors voting for the resolution are satisfied that the interest should not disqualify the director from considering or voting on the matter.\n(sec.416-ssec.3) A quorum is present during a consideration of a matter by the board only if at least 2 directors are present who are entitled to vote on any motion that may be moved in relation to the matter.\n(sec.416-ssec.4) The Minister may, by signing consent to a proposed resolution, deal with a matter if the board can not deal with it because of subsection (3) .\n- (a) vote on the matter; or\n- (b) vote on a proposed resolution (a related resolution ) under subsection (2) in relation to the matter (whether in relation to the director or another director); or\n- (c) be present while the matter, or a related resolution, is being considered by the board; or\n- (d) otherwise take part in any decision of the board in relation to the matter or a related resolution.\n- (a) specifies the director, the interest and the matter; and\n- (b) states that the directors voting for the resolution are satisfied that the interest should not disqualify the director from considering or voting on the matter.","sortOrder":778},{"sectionNumber":"sec.417","sectionType":"section","heading":"Duty and liability of certain officers of WorkCover","content":"### sec.417 Duty and liability of certain officers of WorkCover\n\nA WorkCover officer must act honestly in the exercise of powers, and discharge of functions, as a WorkCover officer.\nMaximum penalty—\nif the contravention is committed with intent to deceive or defraud WorkCover, WorkCover’s creditors or creditors of another person or for another fraudulent purpose—500 penalty units or 5 years imprisonment; or\nin any other case—100 penalty units.\nIn the exercise of powers and the discharge of functions, a WorkCover officer must exercise the degree of care and diligence that a reasonable person in a like position within WorkCover would exercise.\nMaximum penalty—100 penalty units.\nA person who is, or was, a WorkCover officer must not make improper use of information acquired because of the person’s position as a WorkCover officer—\nto gain, directly or indirectly, an advantage for the person or for another person; or\nto cause detriment to WorkCover.\nMaximum penalty—500 penalty units or 5 years imprisonment.\nA WorkCover officer must not make improper use of the officer’s position as a WorkCover officer—\nto gain, directly or indirectly, an advantage for the officer or another person; or\nto cause detriment to WorkCover.\nMaximum penalty—500 penalty units or 5 years imprisonment.\nIf a person contravenes this section in relation to WorkCover, WorkCover may recover from the person as a debt due to WorkCover—\nif the person or another person made a profit because of the contravention—an amount equal to the profit; and\nif WorkCover suffered loss or damage because of the contravention—an amount equal to the loss or damage.\nAn amount may be recovered from the person whether or not the person has been convicted of an offence in relation to the contravention.\nSubsection (5) is in addition to, and does not limit, the Criminal Proceeds Confiscation Act 2002 .\nIn deciding for subsection (2) the degree of care and diligence that a reasonable person in a like position within WorkCover would exercise, regard must be had to—\nthe fact that the person is a WorkCover officer; and\nthe application of this Act to WorkCover; and\nrelevant matters required or permitted to be done under this Act in relation to WorkCover;\nincluding, for example—\nany relevant community service obligations of WorkCover; and\nany relevant directions, notifications or approvals given to WorkCover by the Minister.\nSubsection (8) does not limit the matters to which regard may be had for the purposes of subsection (2) .\nIn this section—\nWorkCover officer means—\na WorkCover director; or\nWorkCover’s chief executive officer; or\nanother person who is concerned, or takes part, in WorkCover’s management.\n(sec.417-ssec.1) A WorkCover officer must act honestly in the exercise of powers, and discharge of functions, as a WorkCover officer. Maximum penalty— if the contravention is committed with intent to deceive or defraud WorkCover, WorkCover’s creditors or creditors of another person or for another fraudulent purpose—500 penalty units or 5 years imprisonment; or in any other case—100 penalty units.\n(sec.417-ssec.2) In the exercise of powers and the discharge of functions, a WorkCover officer must exercise the degree of care and diligence that a reasonable person in a like position within WorkCover would exercise. Maximum penalty—100 penalty units.\n(sec.417-ssec.3) A person who is, or was, a WorkCover officer must not make improper use of information acquired because of the person’s position as a WorkCover officer— to gain, directly or indirectly, an advantage for the person or for another person; or to cause detriment to WorkCover. Maximum penalty—500 penalty units or 5 years imprisonment.\n(sec.417-ssec.4) A WorkCover officer must not make improper use of the officer’s position as a WorkCover officer— to gain, directly or indirectly, an advantage for the officer or another person; or to cause detriment to WorkCover. Maximum penalty—500 penalty units or 5 years imprisonment.\n(sec.417-ssec.5) If a person contravenes this section in relation to WorkCover, WorkCover may recover from the person as a debt due to WorkCover— if the person or another person made a profit because of the contravention—an amount equal to the profit; and if WorkCover suffered loss or damage because of the contravention—an amount equal to the loss or damage.\n(sec.417-ssec.6) An amount may be recovered from the person whether or not the person has been convicted of an offence in relation to the contravention.\n(sec.417-ssec.7) Subsection (5) is in addition to, and does not limit, the Criminal Proceeds Confiscation Act 2002 .\n(sec.417-ssec.8) In deciding for subsection (2) the degree of care and diligence that a reasonable person in a like position within WorkCover would exercise, regard must be had to— the fact that the person is a WorkCover officer; and the application of this Act to WorkCover; and relevant matters required or permitted to be done under this Act in relation to WorkCover; including, for example— any relevant community service obligations of WorkCover; and any relevant directions, notifications or approvals given to WorkCover by the Minister.\n(sec.417-ssec.9) Subsection (8) does not limit the matters to which regard may be had for the purposes of subsection (2) .\n(sec.417-ssec.10) In this section— WorkCover officer means— a WorkCover director; or WorkCover’s chief executive officer; or another person who is concerned, or takes part, in WorkCover’s management.\n- (a) if the contravention is committed with intent to deceive or defraud WorkCover, WorkCover’s creditors or creditors of another person or for another fraudulent purpose—500 penalty units or 5 years imprisonment; or\n- (b) in any other case—100 penalty units.\n- (a) to gain, directly or indirectly, an advantage for the person or for another person; or\n- (b) to cause detriment to WorkCover.\n- (a) to gain, directly or indirectly, an advantage for the officer or another person; or\n- (b) to cause detriment to WorkCover.\n- (a) if the person or another person made a profit because of the contravention—an amount equal to the profit; and\n- (b) if WorkCover suffered loss or damage because of the contravention—an amount equal to the loss or damage.\n- (a) the fact that the person is a WorkCover officer; and\n- (b) the application of this Act to WorkCover; and\n- (c) relevant matters required or permitted to be done under this Act in relation to WorkCover;\n- (d) any relevant community service obligations of WorkCover; and\n- (e) any relevant directions, notifications or approvals given to WorkCover by the Minister.\n- (a) a WorkCover director; or\n- (b) WorkCover’s chief executive officer; or\n- (c) another person who is concerned, or takes part, in WorkCover’s management.","sortOrder":779},{"sectionNumber":"sec.418","sectionType":"section","heading":"Prohibition on loans to directors","content":"### sec.418 Prohibition on loans to directors\n\nWorkCover must not, whether directly or indirectly—\nmake a loan to a WorkCover director, a spouse of a director or a relative of a director or spouse; or\ngive a guarantee or provide security in connection with a loan made to a WorkCover director, a spouse of a director or a relative of a director or spouse.\nSubsection (1) does not apply to the entering into by WorkCover of an instrument with a person mentioned in subsection (1) if the instrument is entered into on the same terms as similar instruments, if any, are entered into by WorkCover with members of the public.\nA WorkCover director must not be knowingly concerned in a contravention of subsection (1) by WorkCover (whether or not in relation to the director).\nMaximum penalty—100 penalty units.\nIn this section—\nrelative means—\na parent or remoter lineal ancestor; or\na son, daughter or remoter issue; or\na brother or sister.\n(sec.418-ssec.1) WorkCover must not, whether directly or indirectly— make a loan to a WorkCover director, a spouse of a director or a relative of a director or spouse; or give a guarantee or provide security in connection with a loan made to a WorkCover director, a spouse of a director or a relative of a director or spouse.\n(sec.418-ssec.2) Subsection (1) does not apply to the entering into by WorkCover of an instrument with a person mentioned in subsection (1) if the instrument is entered into on the same terms as similar instruments, if any, are entered into by WorkCover with members of the public.\n(sec.418-ssec.3) A WorkCover director must not be knowingly concerned in a contravention of subsection (1) by WorkCover (whether or not in relation to the director). Maximum penalty—100 penalty units.\n(sec.418-ssec.4) In this section— relative means— a parent or remoter lineal ancestor; or a son, daughter or remoter issue; or a brother or sister.\n- (a) make a loan to a WorkCover director, a spouse of a director or a relative of a director or spouse; or\n- (b) give a guarantee or provide security in connection with a loan made to a WorkCover director, a spouse of a director or a relative of a director or spouse.\n- (a) a parent or remoter lineal ancestor; or\n- (b) a son, daughter or remoter issue; or\n- (c) a brother or sister.","sortOrder":780},{"sectionNumber":"sec.419","sectionType":"section","heading":"WorkCover not to indemnify WorkCover officers","content":"### sec.419 WorkCover not to indemnify WorkCover officers\n\nWorkCover must not—\nindemnify a person who is or has been a WorkCover officer against a liability incurred as an officer; or\nexempt a person who is or has been a WorkCover officer from a liability incurred as an officer.\nAn instrument is void so far as it provides for WorkCover to do something that subsection (1) prohibits.\nSubsection (1) does not prevent WorkCover from indemnifying a person against a civil liability, other than a liability to WorkCover, unless the liability arises out of conduct involving a lack of good faith.\nSubsection (1) does not prevent WorkCover from indemnifying a person against a liability for costs and expenses incurred by the person—\nin defending a proceeding, whether civil or criminal, in which judgment is given in favour of the person or in which the person is acquitted; or\nin connection with an application in relation to a proceeding in which relief is granted to the person by a court.\nWorkCover may give an indemnity mentioned in subsection (3) or (4) only with the prior approval of the Minister.\nIn this section—\nindemnify includes indemnify indirectly through 1 or more interposed entities.\nWorkCover officer means—\na WorkCover director; or\nWorkCover’s chief executive officer; or\nanother person who is concerned, or takes part, in WorkCover’s management.\n(sec.419-ssec.1) WorkCover must not— indemnify a person who is or has been a WorkCover officer against a liability incurred as an officer; or exempt a person who is or has been a WorkCover officer from a liability incurred as an officer.\n(sec.419-ssec.2) An instrument is void so far as it provides for WorkCover to do something that subsection (1) prohibits.\n(sec.419-ssec.3) Subsection (1) does not prevent WorkCover from indemnifying a person against a civil liability, other than a liability to WorkCover, unless the liability arises out of conduct involving a lack of good faith.\n(sec.419-ssec.4) Subsection (1) does not prevent WorkCover from indemnifying a person against a liability for costs and expenses incurred by the person— in defending a proceeding, whether civil or criminal, in which judgment is given in favour of the person or in which the person is acquitted; or in connection with an application in relation to a proceeding in which relief is granted to the person by a court.\n(sec.419-ssec.5) WorkCover may give an indemnity mentioned in subsection (3) or (4) only with the prior approval of the Minister.\n(sec.419-ssec.6) In this section— indemnify includes indemnify indirectly through 1 or more interposed entities. WorkCover officer means— a WorkCover director; or WorkCover’s chief executive officer; or another person who is concerned, or takes part, in WorkCover’s management.\n- (a) indemnify a person who is or has been a WorkCover officer against a liability incurred as an officer; or\n- (b) exempt a person who is or has been a WorkCover officer from a liability incurred as an officer.\n- (a) in defending a proceeding, whether civil or criminal, in which judgment is given in favour of the person or in which the person is acquitted; or\n- (b) in connection with an application in relation to a proceeding in which relief is granted to the person by a court.\n- (a) a WorkCover director; or\n- (b) WorkCover’s chief executive officer; or\n- (c) another person who is concerned, or takes part, in WorkCover’s management.","sortOrder":781},{"sectionNumber":"sec.420","sectionType":"section","heading":"WorkCover not to pay premiums for certain liabilities of WorkCover officers","content":"### sec.420 WorkCover not to pay premiums for certain liabilities of WorkCover officers\n\nWorkCover must not pay, or agree to pay, a premium in relation to a contract insuring a person who is or has been a WorkCover officer against a liability—\nincurred by the person as an officer; and\narising out of conduct involving—\na wilful breach of duty in relation to WorkCover; or\nwithout limiting subparagraph (i) , a contravention of section 417 (3) or (4) .\nSubsection (1) does not apply to a liability for costs and expenses incurred by a person in defending proceedings, whether civil or criminal, and whatever their outcome.\nAn instrument is void so far as it insures a person against a liability in contravention of subsection (1) .\nIn this section—\npay includes pay indirectly through 1 or more interposed entities.\nWorkCover officer means—\na WorkCover director; or\nWorkCover’s chief executive officer; or\nanother person who is concerned, or takes part, in WorkCover’s management.\n(sec.420-ssec.1) WorkCover must not pay, or agree to pay, a premium in relation to a contract insuring a person who is or has been a WorkCover officer against a liability— incurred by the person as an officer; and arising out of conduct involving— a wilful breach of duty in relation to WorkCover; or without limiting subparagraph (i) , a contravention of section 417 (3) or (4) .\n(sec.420-ssec.2) Subsection (1) does not apply to a liability for costs and expenses incurred by a person in defending proceedings, whether civil or criminal, and whatever their outcome.\n(sec.420-ssec.3) An instrument is void so far as it insures a person against a liability in contravention of subsection (1) .\n(sec.420-ssec.4) In this section— pay includes pay indirectly through 1 or more interposed entities. WorkCover officer means— a WorkCover director; or WorkCover’s chief executive officer; or another person who is concerned, or takes part, in WorkCover’s management.\n- (a) incurred by the person as an officer; and\n- (b) arising out of conduct involving— (i) a wilful breach of duty in relation to WorkCover; or (ii) without limiting subparagraph (i) , a contravention of section 417 (3) or (4) .\n- (i) a wilful breach of duty in relation to WorkCover; or\n- (ii) without limiting subparagraph (i) , a contravention of section 417 (3) or (4) .\n- (i) a wilful breach of duty in relation to WorkCover; or\n- (ii) without limiting subparagraph (i) , a contravention of section 417 (3) or (4) .\n- (a) a WorkCover director; or\n- (b) WorkCover’s chief executive officer; or\n- (c) another person who is concerned, or takes part, in WorkCover’s management.","sortOrder":782},{"sectionNumber":"sec.421","sectionType":"section","heading":"Examination of persons concerned with WorkCover","content":"### sec.421 Examination of persons concerned with WorkCover\n\nThis section applies if it appears to the Attorney-General that—\na person who has been concerned, or taken part, in WorkCover’s management, administration or affairs has been, or may have been, guilty of fraud, negligence, default, breach of trust or breach of duty or other misconduct in relation to WorkCover; or\na person may be capable of giving information about WorkCover’s management, administration or affairs.\nThe Attorney-General may apply to the Supreme Court or a District Court for an order under this section about the person.\nThe court may order that the person attend before the court at a time and place fixed by the court to be examined on oath on anything about WorkCover’s management, administration or affairs.\nThe examination of the person is to be held in public except so far as the court considers that, because of special circumstances, it is desirable to hold the examination in private.\nThe court may give directions about—\nthe matters to be inquired into at the examination; and\nthe procedures to be followed at the examination, including, if the examination is to be held in private, the persons who may be present.\nThe person must not fail, without reasonable excuse—\nto attend as required by the order; or\nto continue to attend as required by the court until the completion of the examination.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nThe person must not fail to take an oath or make an affirmation at the examination.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nThe person must not fail to answer a question that the person is directed by the court to answer.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nThe person may be directed by the court, in the order or by subsequent direction, to produce any document in the person’s possession, or under the person’s control, relevant to the matters on which the person is to be, or is being, examined.\nThe person must not, without reasonable excuse, contravene a direction under subsection (9) .\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIf the court directs the person to produce a document and the person has a lien on the document, the production of the document does not prejudice the lien.\nThe person must not knowingly make a statement at the examination that is false or misleading in a material particular.\nMaximum penalty—500 penalty units or 5 years imprisonment.\nThe person is not excused from answering a question put to the person at the examination on the ground that the answer might tend to incriminate the person or make the person liable to a penalty.\nIf—\nbefore answering a question put to the person at the examination, the person claims that the answer might tend to incriminate the person or make the person liable to a penalty; and\nthe answer might in fact tend to incriminate the person or make the person liable to a penalty;\nthe answer is not admissible in evidence against the person in—\na criminal proceeding; or\na proceeding for the imposition of a penalty;\nother than a proceeding for an offence against this section or another proceeding in relation to the falsity of the answer.\nThe court may order the questions put to the person and the answers given by the person at the examination to be recorded in writing and may require the person to sign the record.\nSubject to subsection (14) , any written record of the examination signed by the person, or any transcript of the examination that is authenticated by the signature of the examiner, may be used in evidence in any legal proceeding against the person.\nThe person may, at the person’s own expense, employ counsel or a solicitor, and the counsel or solicitor may put to the person questions that the court considers just for the purpose of enabling the person to explain or qualify any answers given by the person.\nThe court may adjourn the examination from time to time.\nIf the court is satisfied that the order for the examination of the person was obtained without reasonable cause, the court may order the whole or any part of the costs incurred by the person be paid by the State.\n(sec.421-ssec.1) This section applies if it appears to the Attorney-General that— a person who has been concerned, or taken part, in WorkCover’s management, administration or affairs has been, or may have been, guilty of fraud, negligence, default, breach of trust or breach of duty or other misconduct in relation to WorkCover; or a person may be capable of giving information about WorkCover’s management, administration or affairs.\n(sec.421-ssec.2) The Attorney-General may apply to the Supreme Court or a District Court for an order under this section about the person.\n(sec.421-ssec.3) The court may order that the person attend before the court at a time and place fixed by the court to be examined on oath on anything about WorkCover’s management, administration or affairs.\n(sec.421-ssec.4) The examination of the person is to be held in public except so far as the court considers that, because of special circumstances, it is desirable to hold the examination in private.\n(sec.421-ssec.5) The court may give directions about— the matters to be inquired into at the examination; and the procedures to be followed at the examination, including, if the examination is to be held in private, the persons who may be present.\n(sec.421-ssec.6) The person must not fail, without reasonable excuse— to attend as required by the order; or to continue to attend as required by the court until the completion of the examination. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.421-ssec.7) The person must not fail to take an oath or make an affirmation at the examination. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.421-ssec.8) The person must not fail to answer a question that the person is directed by the court to answer. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.421-ssec.9) The person may be directed by the court, in the order or by subsequent direction, to produce any document in the person’s possession, or under the person’s control, relevant to the matters on which the person is to be, or is being, examined.\n(sec.421-ssec.10) The person must not, without reasonable excuse, contravene a direction under subsection (9) . Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.421-ssec.11) If the court directs the person to produce a document and the person has a lien on the document, the production of the document does not prejudice the lien.\n(sec.421-ssec.12) The person must not knowingly make a statement at the examination that is false or misleading in a material particular. Maximum penalty—500 penalty units or 5 years imprisonment.\n(sec.421-ssec.13) The person is not excused from answering a question put to the person at the examination on the ground that the answer might tend to incriminate the person or make the person liable to a penalty.\n(sec.421-ssec.14) If— before answering a question put to the person at the examination, the person claims that the answer might tend to incriminate the person or make the person liable to a penalty; and the answer might in fact tend to incriminate the person or make the person liable to a penalty; the answer is not admissible in evidence against the person in— a criminal proceeding; or a proceeding for the imposition of a penalty; other than a proceeding for an offence against this section or another proceeding in relation to the falsity of the answer.\n(sec.421-ssec.15) The court may order the questions put to the person and the answers given by the person at the examination to be recorded in writing and may require the person to sign the record.\n(sec.421-ssec.16) Subject to subsection (14) , any written record of the examination signed by the person, or any transcript of the examination that is authenticated by the signature of the examiner, may be used in evidence in any legal proceeding against the person.\n(sec.421-ssec.17) The person may, at the person’s own expense, employ counsel or a solicitor, and the counsel or solicitor may put to the person questions that the court considers just for the purpose of enabling the person to explain or qualify any answers given by the person.\n(sec.421-ssec.18) The court may adjourn the examination from time to time.\n(sec.421-ssec.19) If the court is satisfied that the order for the examination of the person was obtained without reasonable cause, the court may order the whole or any part of the costs incurred by the person be paid by the State.\n- (a) a person who has been concerned, or taken part, in WorkCover’s management, administration or affairs has been, or may have been, guilty of fraud, negligence, default, breach of trust or breach of duty or other misconduct in relation to WorkCover; or\n- (b) a person may be capable of giving information about WorkCover’s management, administration or affairs.\n- (a) the matters to be inquired into at the examination; and\n- (b) the procedures to be followed at the examination, including, if the examination is to be held in private, the persons who may be present.\n- (a) to attend as required by the order; or\n- (b) to continue to attend as required by the court until the completion of the examination.\n- (a) before answering a question put to the person at the examination, the person claims that the answer might tend to incriminate the person or make the person liable to a penalty; and\n- (b) the answer might in fact tend to incriminate the person or make the person liable to a penalty;\n- (c) a criminal proceeding; or\n- (d) a proceeding for the imposition of a penalty;","sortOrder":783},{"sectionNumber":"sec.422","sectionType":"section","heading":"Power to grant relief","content":"### sec.422 Power to grant relief\n\nIf, in a proceeding against a WorkCover officer for negligence, default, breach of trust or breach of duty as an officer, it appears to the court that—\nthe officer is or may be liable for the negligence, default or breach; and\nthe officer has acted honestly; and\nhaving regard to all the circumstances of the case, including circumstances connected with the officer’s appointment, the officer ought fairly to be excused for the negligence, default or breach;\nthe court may relieve the officer, completely or partly, from liability on terms that the court considers appropriate.\nIf a WorkCover officer believes that a claim will or might be made against the officer for negligence, default, breach of trust or breach of duty as an officer, the officer may apply to the Supreme Court or a District Court for relief.\nThe court has the same power to relieve the officer as it would have if a proceeding had been brought against the officer in the court for the negligence, default or breach.\nIf—\na proceeding mentioned in subsection (1) is being tried by a judge with a jury; and\nthe judge, after hearing the evidence, is satisfied that the defendant ought under that subsection be relieved, completely or partly, from the liability sought to be enforced against the person;\nthe judge may withdraw the case, completely or partly, from the jury and direct that judgment be entered for the defendant on the terms, as to costs or otherwise, the judge considers appropriate.\nIn this section—\nWorkCover officer means—\na WorkCover director; or\na WorkCover employee; or\nan employee of the employing office or of another government entity or non-Queensland government entity who performs work for WorkCover under a work performance arrangement.\ns 422 amd 2003 No. 85 s 28 sch ; 2007 No. 20 s 121\n(sec.422-ssec.1) If, in a proceeding against a WorkCover officer for negligence, default, breach of trust or breach of duty as an officer, it appears to the court that— the officer is or may be liable for the negligence, default or breach; and the officer has acted honestly; and having regard to all the circumstances of the case, including circumstances connected with the officer’s appointment, the officer ought fairly to be excused for the negligence, default or breach; the court may relieve the officer, completely or partly, from liability on terms that the court considers appropriate.\n(sec.422-ssec.2) If a WorkCover officer believes that a claim will or might be made against the officer for negligence, default, breach of trust or breach of duty as an officer, the officer may apply to the Supreme Court or a District Court for relief.\n(sec.422-ssec.3) The court has the same power to relieve the officer as it would have if a proceeding had been brought against the officer in the court for the negligence, default or breach.\n(sec.422-ssec.4) If— a proceeding mentioned in subsection (1) is being tried by a judge with a jury; and the judge, after hearing the evidence, is satisfied that the defendant ought under that subsection be relieved, completely or partly, from the liability sought to be enforced against the person; the judge may withdraw the case, completely or partly, from the jury and direct that judgment be entered for the defendant on the terms, as to costs or otherwise, the judge considers appropriate.\n(sec.422-ssec.5) In this section— WorkCover officer means— a WorkCover director; or a WorkCover employee; or an employee of the employing office or of another government entity or non-Queensland government entity who performs work for WorkCover under a work performance arrangement.\n- (a) the officer is or may be liable for the negligence, default or breach; and\n- (b) the officer has acted honestly; and\n- (c) having regard to all the circumstances of the case, including circumstances connected with the officer’s appointment, the officer ought fairly to be excused for the negligence, default or breach;\n- (a) a proceeding mentioned in subsection (1) is being tried by a judge with a jury; and\n- (b) the judge, after hearing the evidence, is satisfied that the defendant ought under that subsection be relieved, completely or partly, from the liability sought to be enforced against the person;\n- (a) a WorkCover director; or\n- (b) a WorkCover employee; or\n- (c) an employee of the employing office or of another government entity or non-Queensland government entity who performs work for WorkCover under a work performance arrangement.","sortOrder":784},{"sectionNumber":"sec.423","sectionType":"section","heading":"False or misleading information or documents","content":"### sec.423 False or misleading information or documents\n\nA WorkCover officer must not make a statement concerning the affairs of WorkCover to another WorkCover officer or the Minister that the first officer knows is false or misleading in a material particular.\nA complaint against a person for an offence against subsection (1) is sufficient if it states that the statement was false or misleading to the person’s knowledge, without specifying which.\nA WorkCover officer must not give to another WorkCover officer or the Minister a document containing information that the first officer knows is false or misleading in a material particular without—\nindicating to the recipient that the document is false or misleading and the respect in which the document is false or misleading; and\ngiving the correct information to the recipient if the first officer has, or can reasonably obtain, the correct information.\nMaximum penalty—\nif the contravention is committed with intent to deceive or defraud WorkCover, creditors of WorkCover or creditors of another person or for another fraudulent purpose—500 penalty units or 5 years imprisonment; or\nin any other case—100 penalty units.\nIn this section—\nWorkCover officer means—\na WorkCover director; or\na WorkCover employee; or\nan employee of the employing office or of another government entity or non-Queensland government entity who performs work for WorkCover under a work performance arrangement.\ns 423 amd 2007 No. 20 s 122\n(sec.423-ssec.1) A WorkCover officer must not make a statement concerning the affairs of WorkCover to another WorkCover officer or the Minister that the first officer knows is false or misleading in a material particular.\n(sec.423-ssec.2) A complaint against a person for an offence against subsection (1) is sufficient if it states that the statement was false or misleading to the person’s knowledge, without specifying which.\n(sec.423-ssec.3) A WorkCover officer must not give to another WorkCover officer or the Minister a document containing information that the first officer knows is false or misleading in a material particular without— indicating to the recipient that the document is false or misleading and the respect in which the document is false or misleading; and giving the correct information to the recipient if the first officer has, or can reasonably obtain, the correct information. Maximum penalty— if the contravention is committed with intent to deceive or defraud WorkCover, creditors of WorkCover or creditors of another person or for another fraudulent purpose—500 penalty units or 5 years imprisonment; or in any other case—100 penalty units.\n(sec.423-ssec.4) In this section— WorkCover officer means— a WorkCover director; or a WorkCover employee; or an employee of the employing office or of another government entity or non-Queensland government entity who performs work for WorkCover under a work performance arrangement.\n- (a) indicating to the recipient that the document is false or misleading and the respect in which the document is false or misleading; and\n- (b) giving the correct information to the recipient if the first officer has, or can reasonably obtain, the correct information.\n- (a) if the contravention is committed with intent to deceive or defraud WorkCover, creditors of WorkCover or creditors of another person or for another fraudulent purpose—500 penalty units or 5 years imprisonment; or\n- (b) in any other case—100 penalty units.\n- (a) a WorkCover director; or\n- (b) a WorkCover employee; or\n- (c) an employee of the employing office or of another government entity or non-Queensland government entity who performs work for WorkCover under a work performance arrangement.","sortOrder":785},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":"Board of directors","content":"# Board of directors","sortOrder":786},{"sectionNumber":"ch.8-pt.4-div.1","sectionType":"division","heading":"Establishment of WorkCover’s board","content":"## Establishment of WorkCover’s board","sortOrder":787},{"sectionNumber":"sec.424","sectionType":"section","heading":"Establishment of board","content":"### sec.424 Establishment of board\n\nWorkCover’s board of directors is established.\nThe board consists of not more than 9 members appointed by the Governor in Council.\ns 424 amd 2013 No. 52 s 84\n(sec.424-ssec.1) WorkCover’s board of directors is established.\n(sec.424-ssec.2) The board consists of not more than 9 members appointed by the Governor in Council.","sortOrder":788},{"sectionNumber":"sec.425","sectionType":"section","heading":"Appointment of chairperson and deputy chairperson","content":"### sec.425 Appointment of chairperson and deputy chairperson\n\nThe Governor in Council may appoint a director to be the board’s chairperson and another director to be the board’s deputy chairperson.\nThe deputy chairperson is to act as chairperson—\nduring a vacancy in the office of chairperson; and\nduring all periods when the chairperson is absent from duty or is, for another reason, unable to perform the functions of the office.\n(sec.425-ssec.1) The Governor in Council may appoint a director to be the board’s chairperson and another director to be the board’s deputy chairperson.\n(sec.425-ssec.2) The deputy chairperson is to act as chairperson— during a vacancy in the office of chairperson; and during all periods when the chairperson is absent from duty or is, for another reason, unable to perform the functions of the office.\n- (a) during a vacancy in the office of chairperson; and\n- (b) during all periods when the chairperson is absent from duty or is, for another reason, unable to perform the functions of the office.","sortOrder":789},{"sectionNumber":"sec.426","sectionType":"section","heading":"Regard to particular ability in appointment of directors","content":"### sec.426 Regard to particular ability in appointment of directors\n\nIn appointing a person as a director, the Governor in Council must have regard to the person’s ability to make a contribution to WorkCover’s implementation of its statement of corporate intent and to its performance as a commercial enterprise.\nA person is not eligible for appointment as a director if the person is not able to manage a corporation because of the Corporations Act , part 2D .6.\n(sec.426-ssec.1) In appointing a person as a director, the Governor in Council must have regard to the person’s ability to make a contribution to WorkCover’s implementation of its statement of corporate intent and to its performance as a commercial enterprise.\n(sec.426-ssec.2) A person is not eligible for appointment as a director if the person is not able to manage a corporation because of the Corporations Act , part 2D .6.","sortOrder":790},{"sectionNumber":"sec.427","sectionType":"section","heading":"Role of board","content":"### sec.427 Role of board\n\nThe board’s role includes the following—\nensuring that, as far as possible, WorkCover achieves, and acts in accordance with, its statement of corporate intent and carries out the objectives outlined in its statement of corporate intent;\naccounting to the Minister for its performance as required by this Act or under another law applying to WorkCover;\nresponsibility for WorkCover’s commercial policy and management;\nnotifying the Minister of the methods and rates it proposes to use to assess premiums;\ngiving timely advice to the Regulator on information impacting on the workers’ compensation scheme;\nperforming other functions conferred on the board under this or another Act;\nensuring WorkCover otherwise performs its functions in a proper, effective and efficient way.\ns 427 amd 2013 No. 52 s 85\n- (a) ensuring that, as far as possible, WorkCover achieves, and acts in accordance with, its statement of corporate intent and carries out the objectives outlined in its statement of corporate intent;\n- (b) accounting to the Minister for its performance as required by this Act or under another law applying to WorkCover;\n- (c) responsibility for WorkCover’s commercial policy and management;\n- (d) notifying the Minister of the methods and rates it proposes to use to assess premiums;\n- (e) giving timely advice to the Regulator on information impacting on the workers’ compensation scheme;\n- (f) performing other functions conferred on the board under this or another Act;\n- (g) ensuring WorkCover otherwise performs its functions in a proper, effective and efficient way.","sortOrder":791},{"sectionNumber":"sec.428","sectionType":"section","heading":"Delegation by board","content":"### sec.428 Delegation by board\n\nThe board may, by resolution, delegate its powers to—\na WorkCover director; or\na committee of the board; or\nWorkCover’s chief executive officer; or\nan appropriately qualified WorkCover employee or employee of the employing office or of another government entity or non-Queensland government entity who performs work for WorkCover under a work performance arrangement.\ns 428 amd 2007 No. 20 s 123 ; 2013 No. 52 s 114 sch 2\n- (a) a WorkCover director; or\n- (b) a committee of the board; or\n- (c) WorkCover’s chief executive officer; or\n- (d) an appropriately qualified WorkCover employee or employee of the employing office or of another government entity or non-Queensland government entity who performs work for WorkCover under a work performance arrangement.","sortOrder":792},{"sectionNumber":"ch.8-pt.4-div.2","sectionType":"division","heading":"Meetings and other business of board","content":"## Meetings and other business of board","sortOrder":793},{"sectionNumber":"sec.429","sectionType":"section","heading":"Meaning of required minimum number of directors","content":"### sec.429 Meaning of required minimum number of directors\n\nIn this division—\nrequired minimum number of directors means the number that is half the number of directors of which the board for the time being consists or, if that number is not a whole number, the next higher whole number.","sortOrder":794},{"sectionNumber":"sec.430","sectionType":"section","heading":"Conduct of meetings and other business","content":"### sec.430 Conduct of meetings and other business\n\nSubject to this division, the board may conduct its business, including its meetings, in the way it considers appropriate.","sortOrder":795},{"sectionNumber":"sec.431","sectionType":"section","heading":"Times and places of meetings","content":"### sec.431 Times and places of meetings\n\nMeetings of the board are to be held at the times and places that the board decides.\nHowever, the chairperson—\nmay at any time convene a meeting; and\nmust convene a meeting when asked by at least the required minimum number of directors.\n(sec.431-ssec.1) Meetings of the board are to be held at the times and places that the board decides.\n(sec.431-ssec.2) However, the chairperson— may at any time convene a meeting; and must convene a meeting when asked by at least the required minimum number of directors.\n- (a) may at any time convene a meeting; and\n- (b) must convene a meeting when asked by at least the required minimum number of directors.","sortOrder":796},{"sectionNumber":"sec.432","sectionType":"section","heading":"Presiding at meetings","content":"### sec.432 Presiding at meetings\n\nThe chairperson is to preside at all meetings at which the chairperson is present.\nIf the chairperson is not present at a meeting, the deputy chairperson is to preside.\nIf both the chairperson and deputy chairperson are not present at a meeting, the director chosen by the directors present at the meeting is to preside.\n(sec.432-ssec.1) The chairperson is to preside at all meetings at which the chairperson is present.\n(sec.432-ssec.2) If the chairperson is not present at a meeting, the deputy chairperson is to preside.\n(sec.432-ssec.3) If both the chairperson and deputy chairperson are not present at a meeting, the director chosen by the directors present at the meeting is to preside.","sortOrder":797},{"sectionNumber":"sec.433","sectionType":"section","heading":"Quorum and voting at meetings","content":"### sec.433 Quorum and voting at meetings\n\nAt a meeting of the board—\nthe required minimum number of directors constitute a quorum; and\na question is to be decided by a majority of the votes of the directors present and voting; and\neach director present has a vote on each question arising for decision and, if the votes are equal, the director presiding also has a casting vote.\nSubsection (1) (a) has effect subject to section 416 .\n(sec.433-ssec.1) At a meeting of the board— the required minimum number of directors constitute a quorum; and a question is to be decided by a majority of the votes of the directors present and voting; and each director present has a vote on each question arising for decision and, if the votes are equal, the director presiding also has a casting vote.\n(sec.433-ssec.2) Subsection (1) (a) has effect subject to section 416 .\n- (a) the required minimum number of directors constitute a quorum; and\n- (b) a question is to be decided by a majority of the votes of the directors present and voting; and\n- (c) each director present has a vote on each question arising for decision and, if the votes are equal, the director presiding also has a casting vote.","sortOrder":798},{"sectionNumber":"sec.434","sectionType":"section","heading":"Participation in meetings","content":"### sec.434 Participation in meetings\n\nThe board may hold meetings, or allow directors to take part in its meetings, by using any technology that reasonably allows directors to hear and take part in discussions as they happen.\nteleconferencing\nA director who takes part in a meeting under subsection (1) is taken to be present at the meeting.\n(sec.434-ssec.1) The board may hold meetings, or allow directors to take part in its meetings, by using any technology that reasonably allows directors to hear and take part in discussions as they happen. teleconferencing\n(sec.434-ssec.2) A director who takes part in a meeting under subsection (1) is taken to be present at the meeting.","sortOrder":799},{"sectionNumber":"sec.435","sectionType":"section","heading":"Resolutions without meetings","content":"### sec.435 Resolutions without meetings\n\nIf at least a majority of directors sign a document containing a statement that they are in favour of a resolution stated in the document, a resolution in those terms is taken to have been passed at a meeting of the board held—\non the day on which the document is signed; or\nif the directors do not sign it on the same day, the day on which the last of the directors constituting the majority signs the document.\nIf a resolution is, under subsection (1) , taken to have been passed at a meeting of the board, each director must immediately be advised of the matter and given a copy of the terms of the resolution.\nFor subsection (1) , 2 or more separate documents containing a statement in identical terms, each of which is signed by 1 or more directors, are taken to constitute a single document.\n(sec.435-ssec.1) If at least a majority of directors sign a document containing a statement that they are in favour of a resolution stated in the document, a resolution in those terms is taken to have been passed at a meeting of the board held— on the day on which the document is signed; or if the directors do not sign it on the same day, the day on which the last of the directors constituting the majority signs the document.\n(sec.435-ssec.2) If a resolution is, under subsection (1) , taken to have been passed at a meeting of the board, each director must immediately be advised of the matter and given a copy of the terms of the resolution.\n(sec.435-ssec.3) For subsection (1) , 2 or more separate documents containing a statement in identical terms, each of which is signed by 1 or more directors, are taken to constitute a single document.\n- (a) on the day on which the document is signed; or\n- (b) if the directors do not sign it on the same day, the day on which the last of the directors constituting the majority signs the document.","sortOrder":800},{"sectionNumber":"sec.436","sectionType":"section","heading":"Minutes","content":"### sec.436 Minutes\n\nThe board must keep minutes of its proceedings.","sortOrder":801},{"sectionNumber":"ch.8-pt.4-div.3","sectionType":"division","heading":"Other provisions about directors","content":"## Other provisions about directors","sortOrder":802},{"sectionNumber":"sec.437","sectionType":"section","heading":"Term of appointment of directors","content":"### sec.437 Term of appointment of directors\n\nA director is to be appointed by the Governor in Council for a term of not more than 5 years.","sortOrder":803},{"sectionNumber":"sec.438","sectionType":"section","heading":"Terms of appointment not provided for under Act","content":"### sec.438 Terms of appointment not provided for under Act\n\nIn relation to matters not provided for under this Act, a director holds office on the terms of appointment decided by the Governor in Council.\nExcept as decided by the Governor in Council, a director is not entitled to receive any payment, any interest in property or other valuable consideration or benefit—\nby way of remuneration as a director; or\nin connection with retirement from office, or other termination of office, as a director.\n(sec.438-ssec.1) In relation to matters not provided for under this Act, a director holds office on the terms of appointment decided by the Governor in Council.\n(sec.438-ssec.2) Except as decided by the Governor in Council, a director is not entitled to receive any payment, any interest in property or other valuable consideration or benefit— by way of remuneration as a director; or in connection with retirement from office, or other termination of office, as a director.\n- (a) by way of remuneration as a director; or\n- (b) in connection with retirement from office, or other termination of office, as a director.","sortOrder":804},{"sectionNumber":"sec.439","sectionType":"section","heading":"Appointment of acting director","content":"### sec.439 Appointment of acting director\n\nThe Governor in Council may appoint a person to act as a director during any period, or all periods, when a director is absent from duty or is, for another reason, unable to perform the functions of the office.","sortOrder":805},{"sectionNumber":"sec.440","sectionType":"section","heading":"Resignation","content":"### sec.440 Resignation\n\nA director, or person appointed under section 425 may resign by signed notice given to the Governor.\nThe chairperson or deputy chairperson may resign as chairperson or deputy chairperson and remain a director.\n(sec.440-ssec.1) A director, or person appointed under section 425 may resign by signed notice given to the Governor.\n(sec.440-ssec.2) The chairperson or deputy chairperson may resign as chairperson or deputy chairperson and remain a director.","sortOrder":806},{"sectionNumber":"sec.441","sectionType":"section","heading":"Termination of appointment as director","content":"### sec.441 Termination of appointment as director\n\nThe Governor in Council may, at any time, terminate the appointment of all or any directors of the board for any reason or none.\nIf a person who is a public service officer when appointed as a director ceases to be a public service officer, the person ceases to be a director.\n(sec.441-ssec.1) The Governor in Council may, at any time, terminate the appointment of all or any directors of the board for any reason or none.\n(sec.441-ssec.2) If a person who is a public service officer when appointed as a director ceases to be a public service officer, the person ceases to be a director.","sortOrder":807},{"sectionNumber":"ch.8-pt.5","sectionType":"part","heading":"The chief executive officer","content":"# The chief executive officer","sortOrder":808},{"sectionNumber":"sec.442","sectionType":"section","heading":"WorkCover’s chief executive officer","content":"### sec.442 WorkCover’s chief executive officer\n\nWorkCover is to have a chief executive officer.\nThe chief executive officer is to be appointed by the Governor in Council, by gazette notice, on the board’s recommendation.\nThe chief executive officer is to be appointed under this Act and not under the Public Sector Act 2022 .\nA person appointed as the chief executive officer must enter into a contract with WorkCover.\nThe contract must be signed for WorkCover by the board’s chairperson.\nThe conditions of the contract are to be decided by the board.\nThe contract must state the conditions of appointment, including—\na term of the contract of not longer than 5 years; and\nthe remuneration to which the person is entitled.\nSubsection (7) (a) does not prevent the chief executive officer from being reappointed.\nAn industrial instrument does not apply to a person appointed as the chief executive officer.\nHowever, subsection (9) has no effect on the Industrial Relations Act 2016 , section 471 or chapter 8 , part 2 .\ns 442 amd 2008 No. 38 s 252 sch 3 ; 2016 No. 63 s 1157 sch 6 ; 2022 No. 34 s 365 sch 3\n(sec.442-ssec.1) WorkCover is to have a chief executive officer.\n(sec.442-ssec.2) The chief executive officer is to be appointed by the Governor in Council, by gazette notice, on the board’s recommendation.\n(sec.442-ssec.3) The chief executive officer is to be appointed under this Act and not under the Public Sector Act 2022 .\n(sec.442-ssec.4) A person appointed as the chief executive officer must enter into a contract with WorkCover.\n(sec.442-ssec.5) The contract must be signed for WorkCover by the board’s chairperson.\n(sec.442-ssec.6) The conditions of the contract are to be decided by the board.\n(sec.442-ssec.7) The contract must state the conditions of appointment, including— a term of the contract of not longer than 5 years; and the remuneration to which the person is entitled.\n(sec.442-ssec.8) Subsection (7) (a) does not prevent the chief executive officer from being reappointed.\n(sec.442-ssec.9) An industrial instrument does not apply to a person appointed as the chief executive officer.\n(sec.442-ssec.10) However, subsection (9) has no effect on the Industrial Relations Act 2016 , section 471 or chapter 8 , part 2 .\n- (a) a term of the contract of not longer than 5 years; and\n- (b) the remuneration to which the person is entitled.","sortOrder":809},{"sectionNumber":"sec.443","sectionType":"section","heading":"Duties of chief executive officer","content":"### sec.443 Duties of chief executive officer\n\nWorkCover’s chief executive officer is, under the board, to manage WorkCover.","sortOrder":810},{"sectionNumber":"sec.444","sectionType":"section","heading":"Things done by chief executive officer","content":"### sec.444 Things done by chief executive officer\n\nAnything done in the name of, or for, WorkCover by its chief executive officer is taken to have been done by WorkCover.","sortOrder":811},{"sectionNumber":"sec.445","sectionType":"section","heading":"Delegation by chief executive officer","content":"### sec.445 Delegation by chief executive officer\n\nWorkCover’s chief executive officer may delegate the chief executive officer’s powers, including a power delegated to the chief executive officer, to an appropriately qualified WorkCover employee or employee of the employing office or of another government entity or non-Queensland government entity who performs work for WorkCover under a work performance arrangement.\nSubsection (1) has effect subject to any directions of the board further limiting the power to delegate.\ns 445 amd 2007 No. 20 s 124 ; 2013 No. 52 s 114 sch 2\n(sec.445-ssec.1) WorkCover’s chief executive officer may delegate the chief executive officer’s powers, including a power delegated to the chief executive officer, to an appropriately qualified WorkCover employee or employee of the employing office or of another government entity or non-Queensland government entity who performs work for WorkCover under a work performance arrangement.\n(sec.445-ssec.2) Subsection (1) has effect subject to any directions of the board further limiting the power to delegate.","sortOrder":812},{"sectionNumber":"sec.446","sectionType":"section","heading":"Additional provisions relating to chief executive officer","content":"### sec.446 Additional provisions relating to chief executive officer\n\nThe board may appoint a person to act as chief executive officer—\nduring a vacancy in the office; or\nduring any period, or all periods, when the chief executive officer is absent from duty or is, for another reason, unable to perform the functions of the office.\nThe chief executive officer may resign by signed notice given to the chairperson.\nThe board may, at any time, terminate the appointment of the chief executive officer for any reason or none.\nThe termination of the appointment of the chief executive officer does not affect a right to which the chief executive officer is entitled under the terms of the chief executive officer’s appointment.\n(sec.446-ssec.1) The board may appoint a person to act as chief executive officer— during a vacancy in the office; or during any period, or all periods, when the chief executive officer is absent from duty or is, for another reason, unable to perform the functions of the office.\n(sec.446-ssec.2) The chief executive officer may resign by signed notice given to the chairperson.\n(sec.446-ssec.3) The board may, at any time, terminate the appointment of the chief executive officer for any reason or none.\n(sec.446-ssec.4) The termination of the appointment of the chief executive officer does not affect a right to which the chief executive officer is entitled under the terms of the chief executive officer’s appointment.\n- (a) during a vacancy in the office; or\n- (b) during any period, or all periods, when the chief executive officer is absent from duty or is, for another reason, unable to perform the functions of the office.","sortOrder":813},{"sectionNumber":"ch.8-pt.6","sectionType":"part","heading":"Other employment provisions","content":"# Other employment provisions","sortOrder":814},{"sectionNumber":"sec.447","sectionType":"section","heading":"Appointment of senior executives","content":"### sec.447 Appointment of senior executives\n\nSenior executives of WorkCover may be appointed by the Governor in Council, by gazette notice, on the board’s recommendation.\nA senior executive is to be appointed under this Act and not under the Public Sector Act 2022 .\nA person appointed as a senior executive must enter into a contract with WorkCover.\nThe conditions of the contract are to be decided by the board.\nThe contract must state the conditions of appointment, including—\na term of the contract of not longer than 5 years; and\nthe remuneration to which the person is entitled.\nThe contract must be signed for WorkCover by the board’s chairperson.\nSubsection (6) (a) does not prevent the senior executive from being reappointed.\nAn industrial instrument does not apply to a person appointed as a senior executive.\nHowever, subsection (9) has no effect on the Industrial Relations Act 2016 , section 471 or chapter 8 , part 2 .\ns 447 amd 2008 No. 38 s 252 sch 3 ; 2016 No. 63 s 1157 sch 6 ; 2022 No. 34 s 365 sch 3\n(sec.447-ssec.1) Senior executives of WorkCover may be appointed by the Governor in Council, by gazette notice, on the board’s recommendation.\n(sec.447-ssec.2) A senior executive is to be appointed under this Act and not under the Public Sector Act 2022 .\n(sec.447-ssec.4) A person appointed as a senior executive must enter into a contract with WorkCover.\n(sec.447-ssec.5) The conditions of the contract are to be decided by the board.\n(sec.447-ssec.6) The contract must state the conditions of appointment, including— a term of the contract of not longer than 5 years; and the remuneration to which the person is entitled.\n(sec.447-ssec.7) The contract must be signed for WorkCover by the board’s chairperson.\n(sec.447-ssec.8) Subsection (6) (a) does not prevent the senior executive from being reappointed.\n(sec.447-ssec.9) An industrial instrument does not apply to a person appointed as a senior executive.\n(sec.447-ssec.10) However, subsection (9) has no effect on the Industrial Relations Act 2016 , section 471 or chapter 8 , part 2 .\n- (a) a term of the contract of not longer than 5 years; and\n- (b) the remuneration to which the person is entitled.","sortOrder":815},{"sectionNumber":"sec.448","sectionType":"section","heading":"WorkCover may enter into work performance arrangements","content":"### sec.448 WorkCover may enter into work performance arrangements\n\nWorkCover may enter into, and give effect to, a work performance arrangement with—\nthe employing office; or\nthe appropriate authority of another government entity or non-Queensland government entity.\nA work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.\nFor example, a work performance arrangement may provide for—\nthe appointment of a person to an office, and the holding of the office by the person, for the arrangement; and\nthe authorising of a person to exercise powers for the arrangement; and\nwhether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.\nA person performing work for WorkCover under a work performance arrangement entered into under subsection (1) —\nis not employed by WorkCover; and\nremains an employee of the employing office, or an employee of the other government entity or non-Queensland government entity whose appropriate authority is a party to the arrangement.\nTo remove any doubt, it is declared that WorkCover does not have power to employ a person performing work for WorkCover under a work performance arrangement entered into under subsection (1) .\ns 448 sub 2007 No. 20 s 125\n(sec.448-ssec.1) WorkCover may enter into, and give effect to, a work performance arrangement with— the employing office; or the appropriate authority of another government entity or non-Queensland government entity.\n(sec.448-ssec.2) A work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.\n(sec.448-ssec.3) For example, a work performance arrangement may provide for— the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and the authorising of a person to exercise powers for the arrangement; and whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.\n(sec.448-ssec.4) A person performing work for WorkCover under a work performance arrangement entered into under subsection (1) — is not employed by WorkCover; and remains an employee of the employing office, or an employee of the other government entity or non-Queensland government entity whose appropriate authority is a party to the arrangement.\n(sec.448-ssec.5) To remove any doubt, it is declared that WorkCover does not have power to employ a person performing work for WorkCover under a work performance arrangement entered into under subsection (1) .\n- (a) the employing office; or\n- (b) the appropriate authority of another government entity or non-Queensland government entity.\n- (a) the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and\n- (b) the authorising of a person to exercise powers for the arrangement; and\n- (c) whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.\n- (a) is not employed by WorkCover; and\n- (b) remains an employee of the employing office, or an employee of the other government entity or non-Queensland government entity whose appropriate authority is a party to the arrangement.","sortOrder":816},{"sectionNumber":"sec.449","sectionType":"section","heading":"Superannuation schemes","content":"### sec.449 Superannuation schemes\n\nWorkCover may—\nestablish or amend superannuation schemes; or\njoin in establishing or amending superannuation schemes; or\ntake part in superannuation schemes.\nThe auditor-general may audit the schemes.\nSubsection (2) is subject to the Auditor-General Act 2009 .\ns 449 amd 2009 No. 9 s 136 sch 1\n(sec.449-ssec.1) WorkCover may— establish or amend superannuation schemes; or join in establishing or amending superannuation schemes; or take part in superannuation schemes.\n(sec.449-ssec.2) The auditor-general may audit the schemes.\n(sec.449-ssec.3) Subsection (2) is subject to the Auditor-General Act 2009 .\n- (a) establish or amend superannuation schemes; or\n- (b) join in establishing or amending superannuation schemes; or\n- (c) take part in superannuation schemes.","sortOrder":817},{"sectionNumber":"sec.450","sectionType":"section","heading":null,"content":"### Section sec.450\n\ns 450 om 2007 No. 20 s 126","sortOrder":818},{"sectionNumber":"sec.451","sectionType":"section","heading":"Employment and industrial relations plan","content":"### sec.451 Employment and industrial relations plan\n\nWorkCover’s board must prepare an employment and industrial relations plan.\nThe plan must specify the arrangements for all major employment and industrial relations issues for WorkCover.\n(sec.451-ssec.1) WorkCover’s board must prepare an employment and industrial relations plan.\n(sec.451-ssec.2) The plan must specify the arrangements for all major employment and industrial relations issues for WorkCover.","sortOrder":819},{"sectionNumber":"sec.452","sectionType":"section","heading":"Application of equity, diversity, respect and inclusion provisions under Public Sector Act 2022","content":"### sec.452 Application of equity, diversity, respect and inclusion provisions under Public Sector Act 2022\n\nWorkCover is a prescribed entity for the Public Sector Act 2022 , section 25 , definition prescribed entity , paragraph (c) .\ns 452 sub 2008 No. 38 s 252 sch 3\namd 2022 No. 34 s 365 sch 3","sortOrder":820},{"sectionNumber":"ch.8-pt.7","sectionType":"part","heading":"Financial provisions","content":"# Financial provisions","sortOrder":821},{"sectionNumber":"sec.453","sectionType":"section","heading":"WorkCover’s capital adequacy","content":"### sec.453 WorkCover’s capital adequacy\n\nWorkCover is taken to be fully funded if WorkCover—\nis able to meet its liabilities for compensation and damages payable from its funds and accounts; and\nmaintains capital adequacy as required under a regulation.\ns 453 amd 2004 No. 45 s 61 ; 2005 No. 50 s 37\n- (a) is able to meet its liabilities for compensation and damages payable from its funds and accounts; and\n- (b) maintains capital adequacy as required under a regulation.","sortOrder":822},{"sectionNumber":"sec.454","sectionType":"section","heading":"Application of financial legislation","content":"### sec.454 Application of financial legislation\n\nWorkCover is—\na statutory body under the Financial Accountability Act 2009 ; and\na statutory body under the Statutory Bodies Financial Arrangements Act 1982 .\ns 454 amd 2009 No. 9 s 136 sch 1\n- (a) a statutory body under the Financial Accountability Act 2009 ; and\n- (b) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":823},{"sectionNumber":"sec.455","sectionType":"section","heading":"Liability for State taxes","content":"### sec.455 Liability for State taxes\n\nWorkCover is not exempt from State tax merely because it represents the State.\nA regulation, or the Treasurer by certificate, may exempt WorkCover from liability to pay a State tax, other than a duty under the Duties Act 2001 , completely or partly.\nState tax is not payable for anything done, including, for example, a transaction entered into or an instrument made, executed, lodged or given, because of, or for a purpose connected with or arising out of, chapter 15 .\nThe Treasurer may certify that a specified matter, instrument, transaction or thing is exempt from State tax under subsection (3) , and the matter, instrument, transaction or thing is exempt from State tax.\nSo far as the legislative power of the Parliament permits, the reference in subsection (3) to State tax includes a reference to tax imposed under an Act of another State.\n(sec.455-ssec.1) WorkCover is not exempt from State tax merely because it represents the State.\n(sec.455-ssec.2) A regulation, or the Treasurer by certificate, may exempt WorkCover from liability to pay a State tax, other than a duty under the Duties Act 2001 , completely or partly.\n(sec.455-ssec.3) State tax is not payable for anything done, including, for example, a transaction entered into or an instrument made, executed, lodged or given, because of, or for a purpose connected with or arising out of, chapter 15 .\n(sec.455-ssec.4) The Treasurer may certify that a specified matter, instrument, transaction or thing is exempt from State tax under subsection (3) , and the matter, instrument, transaction or thing is exempt from State tax.\n(sec.455-ssec.5) So far as the legislative power of the Parliament permits, the reference in subsection (3) to State tax includes a reference to tax imposed under an Act of another State.","sortOrder":824},{"sectionNumber":"sec.456","sectionType":"section","heading":"Liability for Commonwealth tax equivalents","content":"### sec.456 Liability for Commonwealth tax equivalents\n\nWorkCover must pay amounts to the Treasurer for payment into the consolidated fund as required under the tax equivalents manual.\nFor subsection (1) , the tax equivalents manual applies as if WorkCover were a GOC.\nIn this section—\ntax equivalents manual means the tax equivalents manual issued under the Government Owned Corporations Act 1993 , section 129 .\ns 456 amd 2010 No. 24 s 3 sch\n(sec.456-ssec.1) WorkCover must pay amounts to the Treasurer for payment into the consolidated fund as required under the tax equivalents manual.\n(sec.456-ssec.2) For subsection (1) , the tax equivalents manual applies as if WorkCover were a GOC.\n(sec.456-ssec.3) In this section— tax equivalents manual means the tax equivalents manual issued under the Government Owned Corporations Act 1993 , section 129 .","sortOrder":825},{"sectionNumber":"sec.457","sectionType":"section","heading":"Funds and accounts","content":"### sec.457 Funds and accounts\n\nWorkCover may establish funds and accounts.\nWorkCover must pay into the funds and accounts all amounts received by it.\nWorkCover may pay out of a WorkCover fund—\namounts in relation to policies, whether of accident insurance or other insurance business undertaken by or for WorkCover; or\namounts for the administration of accident insurance or other insurance business undertaken by or for WorkCover; or\namounts WorkCover considers appropriate for the performance of its functions; or\nother amounts that WorkCover may or must pay for any purpose under this or another Act.\n(sec.457-ssec.1) WorkCover may establish funds and accounts.\n(sec.457-ssec.2) WorkCover must pay into the funds and accounts all amounts received by it.\n(sec.457-ssec.3) WorkCover may pay out of a WorkCover fund— amounts in relation to policies, whether of accident insurance or other insurance business undertaken by or for WorkCover; or amounts for the administration of accident insurance or other insurance business undertaken by or for WorkCover; or amounts WorkCover considers appropriate for the performance of its functions; or other amounts that WorkCover may or must pay for any purpose under this or another Act.\n- (a) amounts in relation to policies, whether of accident insurance or other insurance business undertaken by or for WorkCover; or\n- (b) amounts for the administration of accident insurance or other insurance business undertaken by or for WorkCover; or\n- (c) amounts WorkCover considers appropriate for the performance of its functions; or\n- (d) other amounts that WorkCover may or must pay for any purpose under this or another Act.","sortOrder":826},{"sectionNumber":"sec.458","sectionType":"section","heading":"Reserves","content":"### sec.458 Reserves\n\nWorkCover may establish reserves it considers appropriate for the performance of its functions.\ns 458 amd 2005 No. 50 s 38","sortOrder":827},{"sectionNumber":"sec.459","sectionType":"section","heading":"Procedures for borrowing","content":"### sec.459 Procedures for borrowing\n\nWorkCover may borrow in accordance with its policies, as outlined in its statement of corporate intent, to minimise and manage any risk of investments and borrowings that may adversely affect its financial stability.\nIf a proposed borrowing is in accordance with those policies, the Statutory Bodies Financial Arrangements Act 1982 does not apply to the borrowing.\n(sec.459-ssec.1) WorkCover may borrow in accordance with its policies, as outlined in its statement of corporate intent, to minimise and manage any risk of investments and borrowings that may adversely affect its financial stability.\n(sec.459-ssec.2) If a proposed borrowing is in accordance with those policies, the Statutory Bodies Financial Arrangements Act 1982 does not apply to the borrowing.","sortOrder":828},{"sectionNumber":"sec.460","sectionType":"section","heading":"Payment to consolidated fund","content":"### sec.460 Payment to consolidated fund\n\nFor any financial year, WorkCover may pay to the consolidated fund a proportion of a surplus in WorkCover’s funds.\nWorkCover may only make a payment under this section if WorkCover is fully funded, and the payment does not stop WorkCover being fully funded.\nWorkCover’s payment must not exceed profits after provision has been made for—\npayment of income tax and its equivalents; and\nexclusion of unrealised capital gains from upward revaluation of non-current assets.\nWithin 4 months after the end of each financial year, the board must—\nrecommend to the Minister whether or not WorkCover may make a payment; and\nif the board recommends WorkCover make a payment—recommend to the Minister the amount WorkCover should pay.\nThe board must consult with the Minister before giving the recommendation.\nWithin 1 month after receiving the recommendation, the Minister must—\napprove the recommendation; or\ndirect the board to pay an amount the Minister specifies.\nThe Minister must cause a copy of the direction to be published in the gazette within 21 days after it is given.\ns 460 amd 2009 No. 38 s 60\n(sec.460-ssec.1) For any financial year, WorkCover may pay to the consolidated fund a proportion of a surplus in WorkCover’s funds.\n(sec.460-ssec.2) WorkCover may only make a payment under this section if WorkCover is fully funded, and the payment does not stop WorkCover being fully funded.\n(sec.460-ssec.3) WorkCover’s payment must not exceed profits after provision has been made for— payment of income tax and its equivalents; and exclusion of unrealised capital gains from upward revaluation of non-current assets.\n(sec.460-ssec.4) Within 4 months after the end of each financial year, the board must— recommend to the Minister whether or not WorkCover may make a payment; and if the board recommends WorkCover make a payment—recommend to the Minister the amount WorkCover should pay.\n(sec.460-ssec.5) The board must consult with the Minister before giving the recommendation.\n(sec.460-ssec.6) Within 1 month after receiving the recommendation, the Minister must— approve the recommendation; or direct the board to pay an amount the Minister specifies.\n(sec.460-ssec.7) The Minister must cause a copy of the direction to be published in the gazette within 21 days after it is given.\n- (a) payment of income tax and its equivalents; and\n- (b) exclusion of unrealised capital gains from upward revaluation of non-current assets.\n- (a) recommend to the Minister whether or not WorkCover may make a payment; and\n- (b) if the board recommends WorkCover make a payment—recommend to the Minister the amount WorkCover should pay.\n- (a) approve the recommendation; or\n- (b) direct the board to pay an amount the Minister specifies.","sortOrder":829},{"sectionNumber":"sec.461","sectionType":"section","heading":"Additional financial reporting requirements","content":"### sec.461 Additional financial reporting requirements\n\nAs soon as practicable after the end of each financial year, WorkCover must give the Minister a report stating the extent to which WorkCover is fully funded.\nWorkCover must seek the advice of an appropriately qualified actuary in preparing the report.\n(sec.461-ssec.1) As soon as practicable after the end of each financial year, WorkCover must give the Minister a report stating the extent to which WorkCover is fully funded.\n(sec.461-ssec.2) WorkCover must seek the advice of an appropriately qualified actuary in preparing the report.","sortOrder":830},{"sectionNumber":"ch.8-pt.8","sectionType":"part","heading":"Authorised persons","content":"# Authorised persons","sortOrder":831},{"sectionNumber":"ch.8-pt.8-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":832},{"sectionNumber":"sec.462","sectionType":"section","heading":"Function of authorised person","content":"### sec.462 Function of authorised person\n\nAn authorised person of WorkCover has the function of conducting investigations and inspections to monitor compliance with the requirements of WorkCover in the discharge of its functions under this Act.","sortOrder":833},{"sectionNumber":"sec.463","sectionType":"section","heading":"Authorised person subject to WorkCover’s directions","content":"### sec.463 Authorised person subject to WorkCover’s directions\n\nAn authorised person is subject to WorkCover’s directions in exercising powers of an authorised person.","sortOrder":834},{"sectionNumber":"sec.464","sectionType":"section","heading":"Powers of authorised persons","content":"### sec.464 Powers of authorised persons\n\nAn authorised person has the powers given to the person under this Act or another Act.","sortOrder":835},{"sectionNumber":"sec.465","sectionType":"section","heading":"Limitation on powers of authorised person","content":"### sec.465 Limitation on powers of authorised person\n\nThe powers of an authorised person may be limited—\nunder a regulation; or\nunder a condition of appointment; or\nby written notice given by WorkCover to the authorised person.\n- (a) under a regulation; or\n- (b) under a condition of appointment; or\n- (c) by written notice given by WorkCover to the authorised person.","sortOrder":836},{"sectionNumber":"ch.8-pt.8-div.2","sectionType":"division","heading":"Appointment of authorised persons and other matters","content":"## Appointment of authorised persons and other matters","sortOrder":837},{"sectionNumber":"sec.466","sectionType":"section","heading":"Appointment of authorised persons","content":"### sec.466 Appointment of authorised persons\n\nWorkCover may appoint a WorkCover employee or an employee of the employing office or of another government entity or non-Queensland government entity who performs work for WorkCover under a work performance arrangement as an authorised person.\nWorkCover may appoint the person as an authorised person only if WorkCover considers the person has the necessary expertise or experience to be an authorised person.\ns 466 amd 2007 No. 20 s 127\n(sec.466-ssec.1) WorkCover may appoint a WorkCover employee or an employee of the employing office or of another government entity or non-Queensland government entity who performs work for WorkCover under a work performance arrangement as an authorised person.\n(sec.466-ssec.2) WorkCover may appoint the person as an authorised person only if WorkCover considers the person has the necessary expertise or experience to be an authorised person.","sortOrder":838},{"sectionNumber":"sec.467","sectionType":"section","heading":"Authorised person’s appointment conditions","content":"### sec.467 Authorised person’s appointment conditions\n\nAn authorised person holds office on the conditions stated in the instrument of appointment.\nAn authorised person—\nif the appointment provides for a term of appointment—ceases holding office at the end of the term; and\nmay resign by signed notice given to WorkCover; and\nif the conditions of appointment provide—ceases holding office as an authorised person on ceasing to hold another office stated in the appointment conditions (the main office ).\nHowever, an authorised person may not resign from the office of authorised person (the secondary office ) if a term of the authorised person’s employment to the main office requires the authorised person to hold the secondary office.\n(sec.467-ssec.1) An authorised person holds office on the conditions stated in the instrument of appointment.\n(sec.467-ssec.2) An authorised person— if the appointment provides for a term of appointment—ceases holding office at the end of the term; and may resign by signed notice given to WorkCover; and if the conditions of appointment provide—ceases holding office as an authorised person on ceasing to hold another office stated in the appointment conditions (the main office ).\n(sec.467-ssec.3) However, an authorised person may not resign from the office of authorised person (the secondary office ) if a term of the authorised person’s employment to the main office requires the authorised person to hold the secondary office.\n- (a) if the appointment provides for a term of appointment—ceases holding office at the end of the term; and\n- (b) may resign by signed notice given to WorkCover; and\n- (c) if the conditions of appointment provide—ceases holding office as an authorised person on ceasing to hold another office stated in the appointment conditions (the main office ).","sortOrder":839},{"sectionNumber":"sec.468","sectionType":"section","heading":"Authorised person’s identity card","content":"### sec.468 Authorised person’s identity card\n\nWorkCover must give an identity card to each authorised person.\nThe identity card must—\ncontain a recent photograph of the authorised person; and\nbe signed by the authorised person; and\nidentify the person as an authorised person for WorkCover; and\ninclude an expiry date; and\nbe signed by WorkCover’s chief executive officer.\nA person who ceases to be an authorised person must return the person’s identity card to WorkCover within 5 business days after the person ceases to be an authorised person, unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\ns 468 amd 2004 No. 45 s 3 sch\n(sec.468-ssec.1) WorkCover must give an identity card to each authorised person.\n(sec.468-ssec.2) The identity card must— contain a recent photograph of the authorised person; and be signed by the authorised person; and identify the person as an authorised person for WorkCover; and include an expiry date; and be signed by WorkCover’s chief executive officer.\n(sec.468-ssec.3) A person who ceases to be an authorised person must return the person’s identity card to WorkCover within 5 business days after the person ceases to be an authorised person, unless the person has a reasonable excuse. Maximum penalty—10 penalty units.\n- (a) contain a recent photograph of the authorised person; and\n- (b) be signed by the authorised person; and\n- (c) identify the person as an authorised person for WorkCover; and\n- (d) include an expiry date; and\n- (e) be signed by WorkCover’s chief executive officer.","sortOrder":840},{"sectionNumber":"sec.469","sectionType":"section","heading":"Display of authorised person’s identity card","content":"### sec.469 Display of authorised person’s identity card\n\nAn authorised person may exercise a power in relation to someone else only if the authorised person—\nfirst produces the authorised person’s identity card for the person’s inspection; or\nhas the identity card displayed so it is clearly visible to the person.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for inspection by the person at the first reasonable opportunity.\ns 469 amd 2024 No. 40 s 65 sch 1\n(sec.469-ssec.1) An authorised person may exercise a power in relation to someone else only if the authorised person— first produces the authorised person’s identity card for the person’s inspection; or has the identity card displayed so it is clearly visible to the person.\n(sec.469-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for inspection by the person at the first reasonable opportunity.\n- (a) first produces the authorised person’s identity card for the person’s inspection; or\n- (b) has the identity card displayed so it is clearly visible to the person.","sortOrder":841},{"sectionNumber":"sec.470","sectionType":"section","heading":"Protection from liability","content":"### sec.470 Protection from liability\n\nAn authorised person does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to an authorised person, the liability attaches instead to WorkCover.\n(sec.470-ssec.1) An authorised person does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.470-ssec.2) If subsection (1) prevents a civil liability attaching to an authorised person, the liability attaches instead to WorkCover.","sortOrder":842},{"sectionNumber":"ch.8-pt.9","sectionType":"part","heading":"Other provisions about WorkCover","content":"# Other provisions about WorkCover","sortOrder":843},{"sectionNumber":"sec.471","sectionType":"section","heading":"WorkCover’s seal","content":"### sec.471 WorkCover’s seal\n\nWorkCover’s seal is to be kept in the custody directed by the board and may be used only as authorised by the board.\nThe affixing of the seal to a document must be attested by—\n2 or more directors; or\nat least 1 director and the chief executive officer; or\na director or the chief executive officer and 1 or more persons authorised by the board.\nJudicial notice must be taken of the imprint of WorkCover’s seal appearing on a document.\n(sec.471-ssec.1) WorkCover’s seal is to be kept in the custody directed by the board and may be used only as authorised by the board.\n(sec.471-ssec.2) The affixing of the seal to a document must be attested by— 2 or more directors; or at least 1 director and the chief executive officer; or a director or the chief executive officer and 1 or more persons authorised by the board.\n(sec.471-ssec.3) Judicial notice must be taken of the imprint of WorkCover’s seal appearing on a document.\n- (a) 2 or more directors; or\n- (b) at least 1 director and the chief executive officer; or\n- (c) a director or the chief executive officer and 1 or more persons authorised by the board.","sortOrder":844},{"sectionNumber":"sec.472","sectionType":"section","heading":"Authentication of documents","content":"### sec.472 Authentication of documents\n\nA document made by WorkCover, other than a document that is required by law to be sealed, is sufficiently authenticated if it is signed by—\nthe chairperson of the board; or\nits chief executive officer; or\na person authorised to sign the document by—\nresolution of the board; or\ndirection of its chief executive officer.\n- (a) the chairperson of the board; or\n- (b) its chief executive officer; or\n- (c) a person authorised to sign the document by— (i) resolution of the board; or (ii) direction of its chief executive officer.\n- (i) resolution of the board; or\n- (ii) direction of its chief executive officer.\n- (i) resolution of the board; or\n- (ii) direction of its chief executive officer.","sortOrder":845},{"sectionNumber":"sec.473","sectionType":"section","heading":"Judicial notice of certain signatures","content":"### sec.473 Judicial notice of certain signatures\n\nJudicial notice must be taken of—\nthe official signature of a person who is or has been chairperson of WorkCover’s board, a WorkCover director or WorkCover’s chief executive officer; and\nthe fact that the person holds or has held the relevant office.\n- (a) the official signature of a person who is or has been chairperson of WorkCover’s board, a WorkCover director or WorkCover’s chief executive officer; and\n- (b) the fact that the person holds or has held the relevant office.","sortOrder":846},{"sectionNumber":"sec.474","sectionType":"section","heading":"Giving of documents to board","content":"### sec.474 Giving of documents to board\n\nIf this Act authorises or requires a document to be given to WorkCover’s board, it may be given to the board’s chairperson.","sortOrder":847},{"sectionNumber":"sec.475","sectionType":"section","heading":"Application of various other Acts","content":"### sec.475 Application of various other Acts\n\nWorkCover is—\na unit of public administration under the Crime and Corruption Act 2001 ; and\na public authority under the Ombudsman Act 2001 .\ns 475 amd 2009 No. 13 s 213 sch 5 ; 2014 No. 21 s 94 (2) sch 2\n- (a) a unit of public administration under the Crime and Corruption Act 2001 ; and\n- (b) a public authority under the Ombudsman Act 2001 .","sortOrder":848},{"sectionNumber":"ch.8A-pt.1","sectionType":"part","heading":"Establishment and functions of employing office","content":"# Establishment and functions of employing office","sortOrder":849},{"sectionNumber":"sec.475A","sectionType":"section","heading":"Establishment of employing office","content":"### sec.475A Establishment of employing office\n\nThe WorkCover Employing Office is established.\nThe employing office consists of—\nthe executive officer; and\nthe employees of the employing office.\nThe employing office is a separate entity from WorkCover.\ns 475A ins 2007 No. 20 s 128\n(sec.475A-ssec.1) The WorkCover Employing Office is established.\n(sec.475A-ssec.2) The employing office consists of— the executive officer; and the employees of the employing office.\n(sec.475A-ssec.3) The employing office is a separate entity from WorkCover.\n- (a) the executive officer; and\n- (b) the employees of the employing office.","sortOrder":850},{"sectionNumber":"sec.475B","sectionType":"section","heading":"Employing office represents the State","content":"### sec.475B Employing office represents the State\n\nThe employing office represents the State.\nWithout limiting subsection (1) , the employing office has the status, privileges and immunities of the State.\ns 475B ins 2007 No. 20 s 128\n(sec.475B-ssec.1) The employing office represents the State.\n(sec.475B-ssec.2) Without limiting subsection (1) , the employing office has the status, privileges and immunities of the State.","sortOrder":851},{"sectionNumber":"sec.475C","sectionType":"section","heading":"Functions of employing office","content":"### sec.475C Functions of employing office\n\nThe main functions of the employing office are—\nentering into, for the State, a work performance arrangement with WorkCover under which employees of the employing office perform work for WorkCover; and\nemploying, for the State, staff to perform work for WorkCover under the work performance arrangement; and\ndoing anything incidental to the discharge of the functions mentioned in paragraphs (a) and (b) .\nAlso, the employing office has any other function conferred on the employing office under this or another Act.\nThis section does not limit the employing office’s power to enter into and give effect to a work performance arrangement under section 475G with a government entity, other than WorkCover, or a non-Queensland government entity.\ns 475C ins 2007 No. 20 s 128\n(sec.475C-ssec.1) The main functions of the employing office are— entering into, for the State, a work performance arrangement with WorkCover under which employees of the employing office perform work for WorkCover; and employing, for the State, staff to perform work for WorkCover under the work performance arrangement; and doing anything incidental to the discharge of the functions mentioned in paragraphs (a) and (b) .\n(sec.475C-ssec.2) Also, the employing office has any other function conferred on the employing office under this or another Act.\n(sec.475C-ssec.3) This section does not limit the employing office’s power to enter into and give effect to a work performance arrangement under section 475G with a government entity, other than WorkCover, or a non-Queensland government entity.\n- (a) entering into, for the State, a work performance arrangement with WorkCover under which employees of the employing office perform work for WorkCover; and\n- (b) employing, for the State, staff to perform work for WorkCover under the work performance arrangement; and\n- (c) doing anything incidental to the discharge of the functions mentioned in paragraphs (a) and (b) .","sortOrder":852},{"sectionNumber":"ch.8A-pt.2","sectionType":"part","heading":"Executive officer","content":"# Executive officer","sortOrder":853},{"sectionNumber":"sec.475D","sectionType":"section","heading":"Appointment of executive officer","content":"### sec.475D Appointment of executive officer\n\nThere is to be an executive officer of the employing office.\nThe executive officer is to be appointed by the Governor in Council.\nThe executive officer is appointed under this Act and not under the Public Sector Act 2022 .\ns 475D ins 2007 No. 20 s 128\namd 2008 No. 38 s 252 sch 3 ; 2022 No. 34 s 365 sch 3\n(sec.475D-ssec.1) There is to be an executive officer of the employing office.\n(sec.475D-ssec.2) The executive officer is to be appointed by the Governor in Council.\n(sec.475D-ssec.3) The executive officer is appointed under this Act and not under the Public Sector Act 2022 .","sortOrder":854},{"sectionNumber":"sec.475E","sectionType":"section","heading":"Executive officer acting for employing office","content":"### sec.475E Executive officer acting for employing office\n\nThe employing office acts through the executive officer.\nAnything done by the executive officer in the name of, or for, the employing office is taken to have been done by the employing office.\ns 475E ins 2007 No. 20 s 128\n(sec.475E-ssec.1) The employing office acts through the executive officer.\n(sec.475E-ssec.2) Anything done by the executive officer in the name of, or for, the employing office is taken to have been done by the employing office.","sortOrder":855},{"sectionNumber":"ch.8A-pt.3","sectionType":"part","heading":"Staff of employing office","content":"# Staff of employing office","sortOrder":856},{"sectionNumber":"sec.475F","sectionType":"section","heading":"Employing office may employ staff","content":"### sec.475F Employing office may employ staff\n\nThe employing office may, for the State, employ staff.\nA person employed under subsection (1) is an employee of the employing office .\nThe employing office may decide the terms of employment of the employees of the employing office.\nSubsection (3) applies subject to any relevant industrial instrument.\nEmployees of the employing office are employed under this Act and not under the Public Sector Act 2022 .\ns 475F ins 2007 No. 20 s 128\namd 2008 No. 38 s 252 sch 3 ; 2022 No. 34 s 365 sch 3\n(sec.475F-ssec.1) The employing office may, for the State, employ staff.\n(sec.475F-ssec.2) A person employed under subsection (1) is an employee of the employing office .\n(sec.475F-ssec.3) The employing office may decide the terms of employment of the employees of the employing office.\n(sec.475F-ssec.4) Subsection (3) applies subject to any relevant industrial instrument.\n(sec.475F-ssec.5) Employees of the employing office are employed under this Act and not under the Public Sector Act 2022 .","sortOrder":857},{"sectionNumber":"sec.475G","sectionType":"section","heading":"Employing office may enter into work performance arrangements","content":"### sec.475G Employing office may enter into work performance arrangements\n\nThe employing office may, for the State, enter into and give effect to a work performance arrangement with—\nWorkCover; or\nthe appropriate authority of another government entity or non-Queensland government entity.\nA work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.\nFor example, a work performance arrangement may provide for—\nthe appointment of a person to an office, and the holding of the office by the person, for the arrangement; and\nthe authorising of a person to exercise powers for the arrangement; and\nwhether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.\nA person performing work for WorkCover or other government entity or non-Queensland government entity under a work performance arrangement entered into under subsection (1) —\nis not employed by WorkCover or the other government entity or non-Queensland government entity; and\nremains an employee of the employing office.\nTo remove any doubt, it is declared that WorkCover or another government entity or non-Queensland government entity does not have power to employ a person performing work for WorkCover or other government entity or non-Queensland government entity under a work performance arrangement entered into under subsection (1) .\ns 475G ins 2007 No. 20 s 128\n(sec.475G-ssec.1) The employing office may, for the State, enter into and give effect to a work performance arrangement with— WorkCover; or the appropriate authority of another government entity or non-Queensland government entity.\n(sec.475G-ssec.2) A work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.\n(sec.475G-ssec.3) For example, a work performance arrangement may provide for— the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and the authorising of a person to exercise powers for the arrangement; and whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.\n(sec.475G-ssec.4) A person performing work for WorkCover or other government entity or non-Queensland government entity under a work performance arrangement entered into under subsection (1) — is not employed by WorkCover or the other government entity or non-Queensland government entity; and remains an employee of the employing office.\n(sec.475G-ssec.5) To remove any doubt, it is declared that WorkCover or another government entity or non-Queensland government entity does not have power to employ a person performing work for WorkCover or other government entity or non-Queensland government entity under a work performance arrangement entered into under subsection (1) .\n- (a) WorkCover; or\n- (b) the appropriate authority of another government entity or non-Queensland government entity.\n- (a) the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and\n- (b) the authorising of a person to exercise powers for the arrangement; and\n- (c) whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.\n- (a) is not employed by WorkCover or the other government entity or non-Queensland government entity; and\n- (b) remains an employee of the employing office.","sortOrder":858},{"sectionNumber":"ch.8A-pt.4","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":859},{"sectionNumber":"sec.475H","sectionType":"section","heading":"Employing office is statutory body","content":"### sec.475H Employing office is statutory body\n\nThe employing office is a statutory body under—\nthe Financial Accountability Act 2009 ; and\nthe Statutory Bodies Financial Arrangements Act 1982 .\nFor applying the Financial Accountability Act 2009 to the employing office as a statutory body—\nthe executive officer is taken to be the chairperson of the employing office; and\nthe Financial Accountability Act 2009 is taken to require the executive officer to consider the annual financial statements and the auditor-general’s report mentioned in the subsection as soon as practicable after they are received by the employing office; and\nthe Financial Accountability Act 2009 is taken to require the executive officer to consider any observations, suggestions or comments given to the executive officer under the Auditor-General Act 2009 as soon as practicable after the executive officer receives them.\ns 475H ins 2007 No. 20 s 128\namd 2009 No. 9 s 136 sch 1\n(sec.475H-ssec.1) The employing office is a statutory body under— the Financial Accountability Act 2009 ; and the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.475H-ssec.2) For applying the Financial Accountability Act 2009 to the employing office as a statutory body— the executive officer is taken to be the chairperson of the employing office; and the Financial Accountability Act 2009 is taken to require the executive officer to consider the annual financial statements and the auditor-general’s report mentioned in the subsection as soon as practicable after they are received by the employing office; and the Financial Accountability Act 2009 is taken to require the executive officer to consider any observations, suggestions or comments given to the executive officer under the Auditor-General Act 2009 as soon as practicable after the executive officer receives them.\n- (a) the Financial Accountability Act 2009 ; and\n- (b) the Statutory Bodies Financial Arrangements Act 1982 .\n- (a) the executive officer is taken to be the chairperson of the employing office; and\n- (b) the Financial Accountability Act 2009 is taken to require the executive officer to consider the annual financial statements and the auditor-general’s report mentioned in the subsection as soon as practicable after they are received by the employing office; and\n- (c) the Financial Accountability Act 2009 is taken to require the executive officer to consider any observations, suggestions or comments given to the executive officer under the Auditor-General Act 2009 as soon as practicable after the executive officer receives them.","sortOrder":860},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"The Minister and WorkCover","content":"# The Minister and WorkCover","sortOrder":861},{"sectionNumber":"sec.476","sectionType":"section","heading":null,"content":"### Section sec.476\n\ns 476 amd 2009 No. 38 s 60\nom 2013 No. 52 s 86","sortOrder":862},{"sectionNumber":"sec.477","sectionType":"section","heading":null,"content":"### Section sec.477\n\ns 477 amd 2009 No. 38 s 60\nom 2013 No. 52 s 86","sortOrder":863},{"sectionNumber":"sec.478","sectionType":"section","heading":null,"content":"### Section sec.478\n\ns 478 om 2013 No. 52 s 86","sortOrder":864},{"sectionNumber":"sec.479","sectionType":"section","heading":null,"content":"### Section sec.479\n\ns 479 amd 2007 No. 52 s 27 ; 2009 No. 38 s 61\nom 2013 No. 52 s 86","sortOrder":865},{"sectionNumber":"sec.480","sectionType":"section","heading":"Reserve power of Minister to notify board of public sector policies","content":"### sec.480 Reserve power of Minister to notify board of public sector policies\n\nThe Minister may notify WorkCover’s board, in writing, of a public sector policy that is to apply to WorkCover if the Minister is satisfied that it is necessary to give the notification in the public interest.\nThe board must ensure the policy is carried out in relation to WorkCover.\nBefore giving the notification, the Minister must—\nconsult with the board; and\nask the board to advise the Minister whether, in its opinion, carrying out the policy would not be in the commercial interests of WorkCover.\nThe Minister must cause a copy of the notification to be—\npublished in the gazette within 21 days after it is given; and\ntabled in the Legislative Assembly within 14 sitting days after it is given.\ns 480 amd 2009 No. 38 s 62\n(sec.480-ssec.1) The Minister may notify WorkCover’s board, in writing, of a public sector policy that is to apply to WorkCover if the Minister is satisfied that it is necessary to give the notification in the public interest.\n(sec.480-ssec.2) The board must ensure the policy is carried out in relation to WorkCover.\n(sec.480-ssec.3) Before giving the notification, the Minister must— consult with the board; and ask the board to advise the Minister whether, in its opinion, carrying out the policy would not be in the commercial interests of WorkCover.\n(sec.480-ssec.4) The Minister must cause a copy of the notification to be— published in the gazette within 21 days after it is given; and tabled in the Legislative Assembly within 14 sitting days after it is given.\n- (a) consult with the board; and\n- (b) ask the board to advise the Minister whether, in its opinion, carrying out the policy would not be in the commercial interests of WorkCover.\n- (a) published in the gazette within 21 days after it is given; and\n- (b) tabled in the Legislative Assembly within 14 sitting days after it is given.","sortOrder":866},{"sectionNumber":"sec.481","sectionType":"section","heading":"Reserve power of Minister to give directions in public interest","content":"### sec.481 Reserve power of Minister to give directions in public interest\n\nThe Minister may give the board a written direction in relation to WorkCover if the Minister is satisfied that it is necessary to give the direction in the public interest.\nThe board must ensure the direction is complied with in relation to WorkCover.\nBefore giving the direction, the Minister must—\nconsult with the board; and\nask the board to advise the Minister whether, in its opinion, complying with the direction would not be in the commercial interests of WorkCover.\nThe Minister must cause a copy of the direction to be—\npublished in the gazette within 21 days after it is given; and\ntabled in the Legislative Assembly within 14 sitting days after it is given.\ns 481 amd 2009 No. 38 s 62\n(sec.481-ssec.1) The Minister may give the board a written direction in relation to WorkCover if the Minister is satisfied that it is necessary to give the direction in the public interest.\n(sec.481-ssec.2) The board must ensure the direction is complied with in relation to WorkCover.\n(sec.481-ssec.3) Before giving the direction, the Minister must— consult with the board; and ask the board to advise the Minister whether, in its opinion, complying with the direction would not be in the commercial interests of WorkCover.\n(sec.481-ssec.4) The Minister must cause a copy of the direction to be— published in the gazette within 21 days after it is given; and tabled in the Legislative Assembly within 14 sitting days after it is given.\n- (a) consult with the board; and\n- (b) ask the board to advise the Minister whether, in its opinion, complying with the direction would not be in the commercial interests of WorkCover.\n- (a) published in the gazette within 21 days after it is given; and\n- (b) tabled in the Legislative Assembly within 14 sitting days after it is given.","sortOrder":867},{"sectionNumber":"sec.481A","sectionType":"section","heading":"Amounts payable by WorkCover on Minister’s instruction","content":"### sec.481A Amounts payable by WorkCover on Minister’s instruction\n\nWorkCover must make payments to organisations or bodies that the Minister considers will help in—\nthe treatment or alleviation of injury sustained by workers; or\nthe prevention or recognition of injury to workers; or\nmaking employers and workers aware of their rights, and procedures they need to follow, under the Act ; or\nscheme-wide rehabilitation and return to work programs for workers.\nA payment must be approved by the Governor in Council by gazette notice before it is made.\nThe Minister must cause a copy of the approval to be tabled in the Legislative Assembly within 14 sitting days after it is given.\nThis section does not limit section 385A .\ns 481A ins 2013 No. 52 s 88\namd 2019 No. 33 s 72\n(sec.481A-ssec.1) WorkCover must make payments to organisations or bodies that the Minister considers will help in— the treatment or alleviation of injury sustained by workers; or the prevention or recognition of injury to workers; or making employers and workers aware of their rights, and procedures they need to follow, under the Act ; or scheme-wide rehabilitation and return to work programs for workers.\n(sec.481A-ssec.2) A payment must be approved by the Governor in Council by gazette notice before it is made.\n(sec.481A-ssec.3) The Minister must cause a copy of the approval to be tabled in the Legislative Assembly within 14 sitting days after it is given.\n(sec.481A-ssec.4) This section does not limit section 385A .\n- (a) the treatment or alleviation of injury sustained by workers; or\n- (b) the prevention or recognition of injury to workers; or\n- (c) making employers and workers aware of their rights, and procedures they need to follow, under the Act ; or\n- (d) scheme-wide rehabilitation and return to work programs for workers.","sortOrder":868},{"sectionNumber":"sec.482","sectionType":"section","heading":"Additional power to direct WorkCover","content":"### sec.482 Additional power to direct WorkCover\n\nThis section applies to anything other than a commercial activity of WorkCover.\nThe Minister may give WorkCover a written direction for the administration of this Act.\nBefore giving the direction, the Minister must—\nconsult with WorkCover’s board; and\nask the board to advise the Minister whether it considers complying with the direction would adversely affect the performance of its functions.\nSubsection (3) does not apply if the Minister’s direction is in response to a written recommendation of the board about the relevant matter, whether or not the direction implements the recommendation.\nThe board must comply with the direction.\nThe Minister must cause a copy of the direction to be—\npublished in the gazette within 21 days after it is given; and\ntabled in the Legislative Assembly within 14 sitting days after it is given.\ns 482 amd 2009 No. 38 s 62\n(sec.482-ssec.1) This section applies to anything other than a commercial activity of WorkCover.\n(sec.482-ssec.2) The Minister may give WorkCover a written direction for the administration of this Act.\n(sec.482-ssec.3) Before giving the direction, the Minister must— consult with WorkCover’s board; and ask the board to advise the Minister whether it considers complying with the direction would adversely affect the performance of its functions.\n(sec.482-ssec.4) Subsection (3) does not apply if the Minister’s direction is in response to a written recommendation of the board about the relevant matter, whether or not the direction implements the recommendation.\n(sec.482-ssec.5) The board must comply with the direction.\n(sec.482-ssec.6) The Minister must cause a copy of the direction to be— published in the gazette within 21 days after it is given; and tabled in the Legislative Assembly within 14 sitting days after it is given.\n- (a) consult with WorkCover’s board; and\n- (b) ask the board to advise the Minister whether it considers complying with the direction would adversely affect the performance of its functions.\n- (a) published in the gazette within 21 days after it is given; and\n- (b) tabled in the Legislative Assembly within 14 sitting days after it is given.","sortOrder":869},{"sectionNumber":"sec.483","sectionType":"section","heading":"Notice of suspected threat to full funding because of direction or notification","content":"### sec.483 Notice of suspected threat to full funding because of direction or notification\n\nThis section applies if—\nthe board is given a direction or notification by the Minister; and\nthe board suspects that complying with the direction or notification will threaten WorkCover’s ability to achieve or maintain full funding.\nThe board must immediately give written notice to the Minister and the auditor-general of the suspicion and its reasons for its opinion.\nThe notice must state that it is given under this section.\nThe giving of the notice operates to suspend the direction or notification until the Minister gives a written direction to the board stating—\nwhether the direction or notification mentioned in subsection (1) is to be—\nrevoked and replaced with an alternative direction or notification; or\nrevoked; or\ncomplied with by the board; and\nthe reasons for the direction.\nThe board must ensure the direction under subsection (4) is complied with, subject to subsection (7) .\nThe Minister must cause a copy of the written notice given by the board to the Minister and the auditor-general and the Minister’s direction under subsection (4) to be—\npublished in the gazette within 21 days after it is given; and\ntabled in the Legislative Assembly within 14 sitting days after it is given.\nThis section applies to an alternative direction mentioned in subsection (4) (a) (i) in the way it applies to any other direction.\nThis section does not apply to a direction or notification given for the purposes of section 481A .\ns 483 amd 2009 No. 38 s 62 ; 2013 No. 52 s 89\n(sec.483-ssec.1) This section applies if— the board is given a direction or notification by the Minister; and the board suspects that complying with the direction or notification will threaten WorkCover’s ability to achieve or maintain full funding.\n(sec.483-ssec.2) The board must immediately give written notice to the Minister and the auditor-general of the suspicion and its reasons for its opinion.\n(sec.483-ssec.3) The notice must state that it is given under this section.\n(sec.483-ssec.4) The giving of the notice operates to suspend the direction or notification until the Minister gives a written direction to the board stating— whether the direction or notification mentioned in subsection (1) is to be— revoked and replaced with an alternative direction or notification; or revoked; or complied with by the board; and the reasons for the direction.\n(sec.483-ssec.5) The board must ensure the direction under subsection (4) is complied with, subject to subsection (7) .\n(sec.483-ssec.6) The Minister must cause a copy of the written notice given by the board to the Minister and the auditor-general and the Minister’s direction under subsection (4) to be— published in the gazette within 21 days after it is given; and tabled in the Legislative Assembly within 14 sitting days after it is given.\n(sec.483-ssec.7) This section applies to an alternative direction mentioned in subsection (4) (a) (i) in the way it applies to any other direction.\n(sec.483-ssec.8) This section does not apply to a direction or notification given for the purposes of section 481A .\n- (a) the board is given a direction or notification by the Minister; and\n- (b) the board suspects that complying with the direction or notification will threaten WorkCover’s ability to achieve or maintain full funding.\n- (a) whether the direction or notification mentioned in subsection (1) is to be— (i) revoked and replaced with an alternative direction or notification; or (ii) revoked; or (iii) complied with by the board; and\n- (i) revoked and replaced with an alternative direction or notification; or\n- (ii) revoked; or\n- (iii) complied with by the board; and\n- (b) the reasons for the direction.\n- (i) revoked and replaced with an alternative direction or notification; or\n- (ii) revoked; or\n- (iii) complied with by the board; and\n- (a) published in the gazette within 21 days after it is given; and\n- (b) tabled in the Legislative Assembly within 14 sitting days after it is given.","sortOrder":870},{"sectionNumber":"sec.484","sectionType":"section","heading":"WorkCover and WorkCover’s board not otherwise subject to government direction","content":"### sec.484 WorkCover and WorkCover’s board not otherwise subject to government direction\n\nOther than as provided by this or another Act, WorkCover and its board are not subject to direction by or on behalf of the Government.","sortOrder":871},{"sectionNumber":"sec.485","sectionType":"section","heading":"Minister not director etc.","content":"### sec.485 Minister not director etc.\n\nThe Minister is not to be treated as a WorkCover director.\nThe Minister does not incur civil liability for an act or omission done or omitted to be done honestly and without negligence under or for this Act in relation to WorkCover.\nA liability that would, apart from subsection (2) , attach to the Minister attaches instead to the State.\nThis section has effect despite the Corporations Act .\n(sec.485-ssec.1) The Minister is not to be treated as a WorkCover director.\n(sec.485-ssec.2) The Minister does not incur civil liability for an act or omission done or omitted to be done honestly and without negligence under or for this Act in relation to WorkCover.\n(sec.485-ssec.3) A liability that would, apart from subsection (2) , attach to the Minister attaches instead to the State.\n(sec.485-ssec.4) This section has effect despite the Corporations Act .","sortOrder":872},{"sectionNumber":"sec.486","sectionType":"section","heading":"Monitoring and assessment of WorkCover","content":"### sec.486 Monitoring and assessment of WorkCover\n\nThe Minister may delegate the Minister’s powers under section 414 to—\nfor any provision of section 414 —the chief executive of the department (the department chief executive ) or an appropriately qualified public service officer of the department; or\nfor section 414 (1) (a) or (b) —a person appropriately qualified to assess the matters mentioned in section 414 (1) (a) .\nThe Minister may ask the department chief executive to investigate, and report to the Minister on, any matter relating to WorkCover.\nFor an investigation under this section of a matter relating to WorkCover, the department chief executive may give WorkCover written directions.\nWithout limiting subsection (3) , the department chief executive may direct WorkCover—\nto give to the department chief executive any information about WorkCover that the department chief executive considers necessary or desirable in connection with the investigation; and\nto permit persons authorised by the department chief executive to have access to specified documents about WorkCover that the department chief executive considers necessary or desirable in connection with the investigation; and\nto take steps that the department chief executive considers necessary or desirable for the purposes of the investigation.\nWorkCover must ensure that any direction given to it under this section is complied with.\nThe department chief executive may delegate to an officer of the department or another person the chief executive’s powers under this section, including powers delegated to the chief executive under subsection (1) (b) .\n(sec.486-ssec.1) The Minister may delegate the Minister’s powers under section 414 to— for any provision of section 414 —the chief executive of the department (the department chief executive ) or an appropriately qualified public service officer of the department; or for section 414 (1) (a) or (b) —a person appropriately qualified to assess the matters mentioned in section 414 (1) (a) .\n(sec.486-ssec.2) The Minister may ask the department chief executive to investigate, and report to the Minister on, any matter relating to WorkCover.\n(sec.486-ssec.3) For an investigation under this section of a matter relating to WorkCover, the department chief executive may give WorkCover written directions.\n(sec.486-ssec.4) Without limiting subsection (3) , the department chief executive may direct WorkCover— to give to the department chief executive any information about WorkCover that the department chief executive considers necessary or desirable in connection with the investigation; and to permit persons authorised by the department chief executive to have access to specified documents about WorkCover that the department chief executive considers necessary or desirable in connection with the investigation; and to take steps that the department chief executive considers necessary or desirable for the purposes of the investigation.\n(sec.486-ssec.5) WorkCover must ensure that any direction given to it under this section is complied with.\n(sec.486-ssec.6) The department chief executive may delegate to an officer of the department or another person the chief executive’s powers under this section, including powers delegated to the chief executive under subsection (1) (b) .\n- (a) for any provision of section 414 —the chief executive of the department (the department chief executive ) or an appropriately qualified public service officer of the department; or\n- (b) for section 414 (1) (a) or (b) —a person appropriately qualified to assess the matters mentioned in section 414 (1) (a) .\n- (a) to give to the department chief executive any information about WorkCover that the department chief executive considers necessary or desirable in connection with the investigation; and\n- (b) to permit persons authorised by the department chief executive to have access to specified documents about WorkCover that the department chief executive considers necessary or desirable in connection with the investigation; and\n- (c) to take steps that the department chief executive considers necessary or desirable for the purposes of the investigation.","sortOrder":873},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"The Minister and codes of practice","content":"# The Minister and codes of practice","sortOrder":874},{"sectionNumber":"sec.486A","sectionType":"section","heading":"Codes of practice","content":"### sec.486A Codes of practice\n\nThe Minister may make codes of practice under this Act.\nA code of practice may state action to be taken by an insurer, employer or other person in performing functions, exercising powers or complying with obligations under this Act.\nA code of practice may state action to be taken in relation to the following—\ntraining and development for claims managers or other staff or contractors;\nreferring workers to early support services for psychiatric or psychological injuries;\nmanaging complaints against providers of workplace rehabilitation services or employers.\nIn particular, a code of practice may prescribe, for a reasonable steps offence, steps that are reasonable steps.\nA code of practice is taken to be subordinate legislation that is exempt subordinate legislation.\nThe Minister must review a code of practice at least once every 5 years.\nIn this section—\nreasonable steps offence means—\nan offence against—\nsection 220 (1) ; or\nsection 228 (1) (b) or (c) ; or\nsection 229A ; or\nsection 232AB (1) ; or\nsection 232AC (2) ; or\nan offence prescribed by regulation to be a reasonable steps offence.\ns 486A ins 2004 No. 45 s 62\namd 2013 No. 52 s 90\nsub 2024 No. 40 s 50\n(sec.486A-ssec.1) The Minister may make codes of practice under this Act.\n(sec.486A-ssec.2) A code of practice may state action to be taken by an insurer, employer or other person in performing functions, exercising powers or complying with obligations under this Act. A code of practice may state action to be taken in relation to the following— training and development for claims managers or other staff or contractors; referring workers to early support services for psychiatric or psychological injuries; managing complaints against providers of workplace rehabilitation services or employers.\n(sec.486A-ssec.3) In particular, a code of practice may prescribe, for a reasonable steps offence, steps that are reasonable steps.\n(sec.486A-ssec.4) A code of practice is taken to be subordinate legislation that is exempt subordinate legislation.\n(sec.486A-ssec.5) The Minister must review a code of practice at least once every 5 years.\n(sec.486A-ssec.6) In this section— reasonable steps offence means— an offence against— section 220 (1) ; or section 228 (1) (b) or (c) ; or section 229A ; or section 232AB (1) ; or section 232AC (2) ; or an offence prescribed by regulation to be a reasonable steps offence.\n- (a) training and development for claims managers or other staff or contractors;\n- (b) referring workers to early support services for psychiatric or psychological injuries;\n- (c) managing complaints against providers of workplace rehabilitation services or employers.\n- (a) an offence against— (i) section 220 (1) ; or (ii) section 228 (1) (b) or (c) ; or (iii) section 229A ; or (iv) section 232AB (1) ; or (v) section 232AC (2) ; or\n- (i) section 220 (1) ; or\n- (ii) section 228 (1) (b) or (c) ; or\n- (iii) section 229A ; or\n- (iv) section 232AB (1) ; or\n- (v) section 232AC (2) ; or\n- (b) an offence prescribed by regulation to be a reasonable steps offence.\n- (i) section 220 (1) ; or\n- (ii) section 228 (1) (b) or (c) ; or\n- (iii) section 229A ; or\n- (iv) section 232AB (1) ; or\n- (v) section 232AC (2) ; or","sortOrder":875},{"sectionNumber":"sec.486B","sectionType":"section","heading":"Effect of code of practice","content":"### sec.486B Effect of code of practice\n\nUnless otherwise stated in a code of practice made under section 486A , the code of practice does not state all that a person must do, or must not do, to perform the person’s functions, exercise the person’s powers, or comply with the person’s obligations under this Act.\nA person to whom a code of practice made under section 486A applies must take the action stated in the code for performing the person’s functions, exercising the person’s powers, or complying with the person’s obligations, under this Act.\nMaximum penalty—\nfor an offence committed in the capacity of an insurer—1,000 penalty units; or\nfor an offence committed in the capacity of an employer—500 penalty units; or\nin any other case—300 penalty units.\nSubsection (2) does not apply if the failure to take action stated in the code of practice constitutes an offence against another provision of this Act.\nSubsection (5) applies in relation to a prosecution for—\nan offence against subsection (2) ; or\nan offence against another provision of this Act that is constituted by a failure to take action stated in a code of practice.\nIt is a defence for the defendant to prove that the defendant took action that is as effective as, or more effective than, the action stated in the code of practice.\ns 486B ins 2004 No. 45 s 62\namd 2024 No. 40 s 51\n(sec.486B-ssec.1) Unless otherwise stated in a code of practice made under section 486A , the code of practice does not state all that a person must do, or must not do, to perform the person’s functions, exercise the person’s powers, or comply with the person’s obligations under this Act.\n(sec.486B-ssec.2) A person to whom a code of practice made under section 486A applies must take the action stated in the code for performing the person’s functions, exercising the person’s powers, or complying with the person’s obligations, under this Act. Maximum penalty— for an offence committed in the capacity of an insurer—1,000 penalty units; or for an offence committed in the capacity of an employer—500 penalty units; or in any other case—300 penalty units.\n(sec.486B-ssec.3) Subsection (2) does not apply if the failure to take action stated in the code of practice constitutes an offence against another provision of this Act.\n(sec.486B-ssec.4) Subsection (5) applies in relation to a prosecution for— an offence against subsection (2) ; or an offence against another provision of this Act that is constituted by a failure to take action stated in a code of practice.\n(sec.486B-ssec.5) It is a defence for the defendant to prove that the defendant took action that is as effective as, or more effective than, the action stated in the code of practice.\n- (a) for an offence committed in the capacity of an insurer—1,000 penalty units; or\n- (b) for an offence committed in the capacity of an employer—500 penalty units; or\n- (c) in any other case—300 penalty units.\n- (a) an offence against subsection (2) ; or\n- (b) an offence against another provision of this Act that is constituted by a failure to take action stated in a code of practice.","sortOrder":876},{"sectionNumber":"ch.11-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":877},{"sectionNumber":"sec.490","sectionType":"section","heading":"Object of ch 11","content":"### sec.490 Object of ch 11\n\nThe object of this chapter is to provide for an independent and non-adversarial system of medical review and assessment of—\ninjury and impairment sustained by workers or other persons for which compensation is payable under this Act or a former Act; and\nother personal injury sustained by persons for which payment of an amount is payable under an Act prescribed under a regulation.\ns 490 sub 2005 No. 50 s 39\namd 2006 No. 13 s 3\n- (a) injury and impairment sustained by workers or other persons for which compensation is payable under this Act or a former Act; and\n- (b) other personal injury sustained by persons for which payment of an amount is payable under an Act prescribed under a regulation.","sortOrder":878},{"sectionNumber":"sec.490A","sectionType":"section","heading":"Application of ch 11","content":"### sec.490A Application of ch 11\n\nThis chapter applies in relation to—\nan injury as defined under this Act sustained after the commencement of this Act on 1 July 2003; and\ndespite section 603 , an injury as defined under a former Act as in force when the injury was sustained.\nSubsection (1) does not affect section 36A .\nFor subsection (1) (b) , this section also applies, for some purposes, particular provisions of a former Act.\ns 490A ins 2006 No. 13 s 4\n(sec.490A-ssec.1) This chapter applies in relation to— an injury as defined under this Act sustained after the commencement of this Act on 1 July 2003; and despite section 603 , an injury as defined under a former Act as in force when the injury was sustained.\n(sec.490A-ssec.2) Subsection (1) does not affect section 36A .\n(sec.490A-ssec.3) For subsection (1) (b) , this section also applies, for some purposes, particular provisions of a former Act.\n- (a) an injury as defined under this Act sustained after the commencement of this Act on 1 July 2003; and\n- (b) despite section 603 , an injury as defined under a former Act as in force when the injury was sustained.","sortOrder":879},{"sectionNumber":"sec.491","sectionType":"section","heading":"Interpretation","content":"### sec.491 Interpretation\n\nFor this chapter or a regulation made for this chapter, worker includes—\na person to whom compensation is payable under this Act or a former Act for injury, including impairment or disfigurement; and\na person to whom an amount is payable for any personal injury under an Act prescribed under a regulation.\nThis chapter deals with injury in terms of injury, impairment and disfigurement.\nFor the application of this chapter or a regulation made for this chapter in relation to an injury mentioned in section 490A (1) (b) , compensation , disfigurement , impairment and injury , and any term used in an applicable provision of a former Act, have the same meaning as they have under the former Act.\ns 491 sub 2005 No. 50 s 39\namd 2006 No. 13 s 5\n(sec.491-ssec.1) For this chapter or a regulation made for this chapter, worker includes— a person to whom compensation is payable under this Act or a former Act for injury, including impairment or disfigurement; and a person to whom an amount is payable for any personal injury under an Act prescribed under a regulation. This chapter deals with injury in terms of injury, impairment and disfigurement.\n(sec.491-ssec.2) For the application of this chapter or a regulation made for this chapter in relation to an injury mentioned in section 490A (1) (b) , compensation , disfigurement , impairment and injury , and any term used in an applicable provision of a former Act, have the same meaning as they have under the former Act.\n- (a) a person to whom compensation is payable under this Act or a former Act for injury, including impairment or disfigurement; and\n- (b) a person to whom an amount is payable for any personal injury under an Act prescribed under a regulation.","sortOrder":880},{"sectionNumber":"ch.11-pt.2","sectionType":"part","heading":"Tribunals","content":"# Tribunals","sortOrder":881},{"sectionNumber":"sec.492","sectionType":"section","heading":"Medical assessment tribunals to be maintained","content":"### sec.492 Medical assessment tribunals to be maintained\n\nThere are to be maintained for this Act and other Acts prescribed under a regulation the medical assessment tribunals that are prescribed under a regulation.\ns 492 sub 2005 No. 50 s 39","sortOrder":882},{"sectionNumber":"sec.493","sectionType":"section","heading":"Panels for tribunals","content":"### sec.493 Panels for tribunals\n\nThe Governor in Council, by gazette notice, may appoint, for a specified period of not more than 3 years, a panel of doctors for designation to a tribunal.\nEach appointee to a panel for a tribunal must be a specialist in the speciality for which the appointment is made.\nThe Governor in Council, by gazette notice, may also appoint—\nan appointee to a panel for a tribunal to be chairperson of the tribunal; and\nat least 2 appointees to a panel for a tribunal to be deputy chairpersons of the tribunal.\ns 493 sub 2005 No. 50 s 39\n(sec.493-ssec.1) The Governor in Council, by gazette notice, may appoint, for a specified period of not more than 3 years, a panel of doctors for designation to a tribunal.\n(sec.493-ssec.2) Each appointee to a panel for a tribunal must be a specialist in the speciality for which the appointment is made.\n(sec.493-ssec.3) The Governor in Council, by gazette notice, may also appoint— an appointee to a panel for a tribunal to be chairperson of the tribunal; and at least 2 appointees to a panel for a tribunal to be deputy chairpersons of the tribunal.\n- (a) an appointee to a panel for a tribunal to be chairperson of the tribunal; and\n- (b) at least 2 appointees to a panel for a tribunal to be deputy chairpersons of the tribunal.","sortOrder":883},{"sectionNumber":"sec.494","sectionType":"section","heading":"Composition and constitution of tribunals","content":"### sec.494 Composition and constitution of tribunals\n\nThe composition and constitution of the medical assessment tribunals are as prescribed under a regulation.\ns 494 sub 2005 No. 50 s 39","sortOrder":884},{"sectionNumber":"sec.495","sectionType":"section","heading":"Conditions of appointment to tribunal","content":"### sec.495 Conditions of appointment to tribunal\n\nAn appointee to a panel for a tribunal is to be paid the remuneration and allowances decided by the Governor in Council.\nThe appointee holds office for the period stated in the gazette notice on the conditions, not otherwise provided for by this Act, decided by the Governor in Council.\nThe office of an appointee to a panel becomes vacant if the appointee—\nresigns by signed notice given to the Minister; or\nbecomes incapable of discharging the appointee’s duties; or\nis removed from office by signed notice from the Minister given in accordance with the conditions of the appointee’s appointment; or\nbecomes an employee of an insurer.\ns 495 prev s 495 om 2005 No. 50 s 39\npres s 495 (prev s 498) renum 2005 No. 50 s 3 sch\namd 2013 No. 52 s 92\n(sec.495-ssec.1) An appointee to a panel for a tribunal is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.495-ssec.2) The appointee holds office for the period stated in the gazette notice on the conditions, not otherwise provided for by this Act, decided by the Governor in Council.\n(sec.495-ssec.3) The office of an appointee to a panel becomes vacant if the appointee— resigns by signed notice given to the Minister; or becomes incapable of discharging the appointee’s duties; or is removed from office by signed notice from the Minister given in accordance with the conditions of the appointee’s appointment; or becomes an employee of an insurer.\n- (a) resigns by signed notice given to the Minister; or\n- (b) becomes incapable of discharging the appointee’s duties; or\n- (c) is removed from office by signed notice from the Minister given in accordance with the conditions of the appointee’s appointment; or\n- (d) becomes an employee of an insurer.","sortOrder":885},{"sectionNumber":"sec.496","sectionType":"section","heading":"Proceedings of tribunals","content":"### sec.496 Proceedings of tribunals\n\nFor each tribunal—\nthe Regulator may appoint a secretary; and\nmeetings are to be held at the place and time decided by the tribunal or, if there is no decision, as the secretary to the tribunal directs; and\nif there is disagreement among the members of the tribunal, a decision of the tribunal is that of the majority of its members.\ns 496 prev s 496 om 2005 No. 50 s 39\npres s 496 (prev s 499) renum 2005 No. 50 s 3 sch\namd 2013 No. 52 s 114 sch 2\n- (a) the Regulator may appoint a secretary; and\n- (b) meetings are to be held at the place and time decided by the tribunal or, if there is no decision, as the secretary to the tribunal directs; and\n- (c) if there is disagreement among the members of the tribunal, a decision of the tribunal is that of the majority of its members.","sortOrder":886},{"sectionNumber":"sec.497","sectionType":"section","heading":null,"content":"### Section sec.497\n\ns 497 om 2005 No. 50 s 39","sortOrder":887},{"sectionNumber":"ch.11-pt.3","sectionType":"part","heading":"Jurisdiction of tribunals","content":"# Jurisdiction of tribunals","sortOrder":888},{"sectionNumber":"sec.499","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.499 Definitions for pt 3\n\nIn this part—\nformer tribunal means any of the following established under a former Act—\na General Medical Board\na General Medical Assessment Tribunal\na specialty medical board\na specialty medical assessment tribunal.\nrelevant document means a document relevant to a reference of a matter to a tribunal and, in particular, includes the following documents—\nan application for compensation;\nan application for a damages certificate under the repealed WorkCover Queensland Act 1996 , section 270 before 1 July 2001;\na notice of claim;\nmedical reports;\ninvestigative or expert reports;\ninformation about medical treatment or investigations;\nstatements made by a worker, the worker’s employer or a witness;\nreasons for a decision made by the insurer under the Act or former Act relevant to the reference.\ns 499 def relevant document amd 2010 No. 24 s 3 sch\ns 499 ins 2006 No. 13 s 6\n- • a General Medical Board\n- • a General Medical Assessment Tribunal\n- • a specialty medical board\n- • a specialty medical assessment tribunal.\n- (a) an application for compensation;\n- (b) an application for a damages certificate under the repealed WorkCover Queensland Act 1996 , section 270 before 1 July 2001;\n- (c) a notice of claim;\n- (d) medical reports;\n- (e) investigative or expert reports;\n- (f) information about medical treatment or investigations;\n- (g) statements made by a worker, the worker’s employer or a witness;\n- (h) reasons for a decision made by the insurer under the Act or former Act relevant to the reference.","sortOrder":889},{"sectionNumber":"sec.500","sectionType":"section","heading":"Reference to tribunals","content":"### sec.500 Reference to tribunals\n\nAn insurer may refer the following matters in relation to an injury under this Act to the appropriate tribunal for decision on the medical matters involved—\na worker’s application for compensation for an alleged injury;\na worker’s capacity for work;\na worker’s permanent impairment under section 160 ;\na worker’s permanent impairment under section 179 ;\na worker’s level of dependency under section 193 ;\nwhether a worker has a serious personal injury that meets the chapter 4A eligibility criteria for the injury;\nfor a worker who the insurer decides is entitled to treatment, care and support payments for an interim period under section 232M , whether the worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends;\nwhether a particular treatment, care and support need resulting from the worker’s serious personal injury is necessary and reasonable in the circumstances;\na worker’s permanent impairment reviewable under section 266 .\nAn insurer may also, in relation to an injury mentioned in section 490A (1) (b) , refer to the appropriate tribunal, for decision on the medical matters involved, a matter that could have been referred to a former tribunal under a former Act.\ns 500 amd 2006 No. 13 s 7 ; 2013 No. 52 s 32 (retro); 2016 No. 44 s 38\n(sec.500-ssec.1) An insurer may refer the following matters in relation to an injury under this Act to the appropriate tribunal for decision on the medical matters involved— a worker’s application for compensation for an alleged injury; a worker’s capacity for work; a worker’s permanent impairment under section 160 ; a worker’s permanent impairment under section 179 ; a worker’s level of dependency under section 193 ; whether a worker has a serious personal injury that meets the chapter 4A eligibility criteria for the injury; for a worker who the insurer decides is entitled to treatment, care and support payments for an interim period under section 232M , whether the worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; whether a particular treatment, care and support need resulting from the worker’s serious personal injury is necessary and reasonable in the circumstances; a worker’s permanent impairment reviewable under section 266 .\n(sec.500-ssec.2) An insurer may also, in relation to an injury mentioned in section 490A (1) (b) , refer to the appropriate tribunal, for decision on the medical matters involved, a matter that could have been referred to a former tribunal under a former Act.\n- (a) a worker’s application for compensation for an alleged injury;\n- (b) a worker’s capacity for work;\n- (d) a worker’s permanent impairment under section 160 ;\n- (e) a worker’s permanent impairment under section 179 ;\n- (f) a worker’s level of dependency under section 193 ;\n- (fa) whether a worker has a serious personal injury that meets the chapter 4A eligibility criteria for the injury;\n- (fb) for a worker who the insurer decides is entitled to treatment, care and support payments for an interim period under section 232M , whether the worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends;\n- (fc) whether a particular treatment, care and support need resulting from the worker’s serious personal injury is necessary and reasonable in the circumstances;\n- (g) a worker’s permanent impairment reviewable under section 266 .","sortOrder":890},{"sectionNumber":"sec.500A","sectionType":"section","heading":"How to make a reference","content":"### sec.500A How to make a reference\n\nAn insurer refers a matter to a tribunal by—\nmaking a reference in the approved form; and\ngiving the tribunal a copy of all relevant documents.\nThe insurer must give the tribunal relevant documents even though otherwise protected by legal professional privilege.\nHowever, the insurer is not required to give the tribunal correspondence between the insurer and the insurer’s lawyer that is protected by legal professional privilege.\ns 500A ins 2006 No. 13 s 8\n(sec.500A-ssec.1) An insurer refers a matter to a tribunal by— making a reference in the approved form; and giving the tribunal a copy of all relevant documents.\n(sec.500A-ssec.2) The insurer must give the tribunal relevant documents even though otherwise protected by legal professional privilege.\n(sec.500A-ssec.3) However, the insurer is not required to give the tribunal correspondence between the insurer and the insurer’s lawyer that is protected by legal professional privilege.\n- (a) making a reference in the approved form; and\n- (b) giving the tribunal a copy of all relevant documents.","sortOrder":891},{"sectionNumber":"sec.501","sectionType":"section","heading":"Reference about application for compensation","content":"### sec.501 Reference about application for compensation\n\nThis section applies on a reference to a tribunal under section 500 (1) (a) .\nIf the insurer has not admitted that an injury was sustained by a worker, and the nature of the injury, the tribunal must decide—\nwhether the matters alleged in the application for compensation constitute an injury to the worker and, if so, the nature of the injury; and\nwhether an incapacity for work resulting from the injury—\nis total or partial; and\nis permanent or temporary; and\nif the tribunal decides that the worker has sustained an injury resulting in permanent impairment and the insurer asks—the DPI for the injury.\nFor section 130 , the tribunal must decide—\nthe degree of permanent impairment that could result from the injury; and\nthe DPI for the injury.\nFor section 131 (4) , the tribunal must decide—\nwhether special circumstances of a medical nature exist; and\nif special circumstances do exist—the nature and extent of the circumstances.\nIf subsections (2) to (4) do not apply, the tribunal must decide—\nwhether an incapacity for work resulting from the injury—\nis total or partial; and\nis permanent or temporary; and\nif the worker has sustained an injury resulting in permanent impairment and the insurer asks—the DPI for the injury.\ns 501 amd 2006 No. 13 s 2 sch ; 2013 No. 52 s 33 (retro)\n(sec.501-ssec.1) This section applies on a reference to a tribunal under section 500 (1) (a) .\n(sec.501-ssec.2) If the insurer has not admitted that an injury was sustained by a worker, and the nature of the injury, the tribunal must decide— whether the matters alleged in the application for compensation constitute an injury to the worker and, if so, the nature of the injury; and whether an incapacity for work resulting from the injury— is total or partial; and is permanent or temporary; and if the tribunal decides that the worker has sustained an injury resulting in permanent impairment and the insurer asks—the DPI for the injury.\n(sec.501-ssec.3) For section 130 , the tribunal must decide— the degree of permanent impairment that could result from the injury; and the DPI for the injury.\n(sec.501-ssec.4) For section 131 (4) , the tribunal must decide— whether special circumstances of a medical nature exist; and if special circumstances do exist—the nature and extent of the circumstances.\n(sec.501-ssec.5) If subsections (2) to (4) do not apply, the tribunal must decide— whether an incapacity for work resulting from the injury— is total or partial; and is permanent or temporary; and if the worker has sustained an injury resulting in permanent impairment and the insurer asks—the DPI for the injury.\n- (a) whether the matters alleged in the application for compensation constitute an injury to the worker and, if so, the nature of the injury; and\n- (b) whether an incapacity for work resulting from the injury— (i) is total or partial; and (ii) is permanent or temporary; and\n- (i) is total or partial; and\n- (ii) is permanent or temporary; and\n- (c) if the tribunal decides that the worker has sustained an injury resulting in permanent impairment and the insurer asks—the DPI for the injury.\n- (i) is total or partial; and\n- (ii) is permanent or temporary; and\n- (a) the degree of permanent impairment that could result from the injury; and\n- (b) the DPI for the injury.\n- (a) whether special circumstances of a medical nature exist; and\n- (b) if special circumstances do exist—the nature and extent of the circumstances.\n- (a) whether an incapacity for work resulting from the injury— (i) is total or partial; and (ii) is permanent or temporary; and\n- (i) is total or partial; and\n- (ii) is permanent or temporary; and\n- (b) if the worker has sustained an injury resulting in permanent impairment and the insurer asks—the DPI for the injury.\n- (i) is total or partial; and\n- (ii) is permanent or temporary; and","sortOrder":892},{"sectionNumber":"sec.502","sectionType":"section","heading":"Reference about worker’s capacity for work","content":"### sec.502 Reference about worker’s capacity for work\n\nThis section applies on a reference to a tribunal under section 500 (1) (b) .\nA reference under section 500 (1) (b) may be made at any time and from time to time.\nThe tribunal must decide—\nwhether, when it makes its decision, there exists in the worker an incapacity for work resulting from the injury for which the application for compensation was made; and\nwhether the incapacity—\nis total or partial; and\nis permanent or temporary; and\nif the worker has sustained an injury resulting in permanent impairment and the insurer asks—the DPI for the injury.\ns 502 amd 2006 No. 13 s 2 sch ; 2013 No. 52 s 34 (retro)\n(sec.502-ssec.1) This section applies on a reference to a tribunal under section 500 (1) (b) .\n(sec.502-ssec.2) A reference under section 500 (1) (b) may be made at any time and from time to time.\n(sec.502-ssec.3) The tribunal must decide— whether, when it makes its decision, there exists in the worker an incapacity for work resulting from the injury for which the application for compensation was made; and whether the incapacity— is total or partial; and is permanent or temporary; and if the worker has sustained an injury resulting in permanent impairment and the insurer asks—the DPI for the injury.\n- (a) whether, when it makes its decision, there exists in the worker an incapacity for work resulting from the injury for which the application for compensation was made; and\n- (b) whether the incapacity— (i) is total or partial; and (ii) is permanent or temporary; and\n- (i) is total or partial; and\n- (ii) is permanent or temporary; and\n- (c) if the worker has sustained an injury resulting in permanent impairment and the insurer asks—the DPI for the injury.\n- (i) is total or partial; and\n- (ii) is permanent or temporary; and","sortOrder":893},{"sectionNumber":"sec.503","sectionType":"section","heading":null,"content":"### Section sec.503\n\ns 503 amd 2006 No. 13 s 2 sch\nom 2013 No. 52 s 35 (retro)","sortOrder":894},{"sectionNumber":"sec.504","sectionType":"section","heading":"Reference about worker’s permanent impairment","content":"### sec.504 Reference about worker’s permanent impairment\n\nThis section applies on a reference to a tribunal under section 500 (1) (d) .\nThe tribunal must decide—\nthe degree of permanent impairment that could result from the injury; and\nthe DPI for the injury.\ns 504 amd 2006 No. 13 s 2 sch ; 2013 No. 52 s 36 (retro)\n(sec.504-ssec.1) This section applies on a reference to a tribunal under section 500 (1) (d) .\n(sec.504-ssec.2) The tribunal must decide— the degree of permanent impairment that could result from the injury; and the DPI for the injury.\n- (a) the degree of permanent impairment that could result from the injury; and\n- (b) the DPI for the injury.","sortOrder":895},{"sectionNumber":"sec.505","sectionType":"section","heading":"Reference about worker’s permanent impairment","content":"### sec.505 Reference about worker’s permanent impairment\n\nThis section applies on a reference to a tribunal under section 500 (1) (e) .\nThe tribunal must decide—\nwhether the worker has sustained a degree of permanent impairment; and\nif the worker has sustained a degree of permanent impairment—\nthe degree of permanent impairment resulting from the injury; and\nthe DPI for the injury.\ns 505 amd 2006 No. 13 s 2 sch ; 2013 No. 52 s 37 (retro)\n(sec.505-ssec.1) This section applies on a reference to a tribunal under section 500 (1) (e) .\n(sec.505-ssec.2) The tribunal must decide— whether the worker has sustained a degree of permanent impairment; and if the worker has sustained a degree of permanent impairment— the degree of permanent impairment resulting from the injury; and the DPI for the injury.\n- (a) whether the worker has sustained a degree of permanent impairment; and\n- (b) if the worker has sustained a degree of permanent impairment— (i) the degree of permanent impairment resulting from the injury; and (ii) the DPI for the injury.\n- (i) the degree of permanent impairment resulting from the injury; and\n- (ii) the DPI for the injury.\n- (i) the degree of permanent impairment resulting from the injury; and\n- (ii) the DPI for the injury.","sortOrder":896},{"sectionNumber":"sec.506","sectionType":"section","heading":"Reference about worker’s level of dependency","content":"### sec.506 Reference about worker’s level of dependency\n\nOn a reference to a tribunal under section 500 (1) (f) , the tribunal must decide the worker’s level of dependency.\nThe tribunal must decide the worker’s level of dependency in the way prescribed under a regulation.\ns 506 amd 2006 No. 13 s 2 sch\n(sec.506-ssec.1) On a reference to a tribunal under section 500 (1) (f) , the tribunal must decide the worker’s level of dependency.\n(sec.506-ssec.2) The tribunal must decide the worker’s level of dependency in the way prescribed under a regulation.","sortOrder":897},{"sectionNumber":"sec.506A","sectionType":"section","heading":"Reference about whether serious personal injury meets chapter 4A eligibility criteria","content":"### sec.506A Reference about whether serious personal injury meets chapter 4A eligibility criteria\n\nOn a reference to a tribunal under section 500 (1) (fa) , the tribunal must decide whether the worker’s injury is a serious personal injury that meets the chapter 4A eligibility criteria for the injury.\ns 506A ins 2016 No. 44 s 39","sortOrder":898},{"sectionNumber":"sec.506B","sectionType":"section","heading":"Reference about whether serious personal injury will continue to meet chapter 4A eligibility criteria after interim period ends","content":"### sec.506B Reference about whether serious personal injury will continue to meet chapter 4A eligibility criteria after interim period ends\n\nOn a reference to a tribunal under section 500 (1) (fb) , the tribunal must decide whether the worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends.\ns 506B ins 2016 No. 44 s 39","sortOrder":899},{"sectionNumber":"sec.506C","sectionType":"section","heading":"Reference about whether particular treatment, care or support need is necessary and reasonable","content":"### sec.506C Reference about whether particular treatment, care or support need is necessary and reasonable\n\nOn a reference to a tribunal under section 500 (1) (fc) , the tribunal must decide whether the particular treatment, care and support need resulting from the worker’s serious personal injury is necessary and reasonable in the circumstances.\ns 506C ins 2016 No. 44 s 39","sortOrder":900},{"sectionNumber":"sec.507","sectionType":"section","heading":"Reference about review of worker’s permanent impairment","content":"### sec.507 Reference about review of worker’s permanent impairment\n\nThis section applies on a reference to a tribunal under section 500 (1) (g) .\nThe tribunal must review the medical evidence and decide—\nif there has been a further material deterioration in relation to the worker’s permanent impairment; and\nthe degree of the further permanent impairment; and\nthe additional DPI for the injury.\ns 507 amd 2006 No. 13 s 2 sch ; 2013 No. 52 s 38 (retro)\n(sec.507-ssec.1) This section applies on a reference to a tribunal under section 500 (1) (g) .\n(sec.507-ssec.2) The tribunal must review the medical evidence and decide— if there has been a further material deterioration in relation to the worker’s permanent impairment; and the degree of the further permanent impairment; and the additional DPI for the injury.\n- (a) if there has been a further material deterioration in relation to the worker’s permanent impairment; and\n- (b) the degree of the further permanent impairment; and\n- (c) the additional DPI for the injury.","sortOrder":901},{"sectionNumber":"sec.508","sectionType":"section","heading":null,"content":"### Section sec.508\n\ns 508 amd 2006 No. 13 s 2 sch\nom 2013 No. 52 s 39 (retro)","sortOrder":902},{"sectionNumber":"sec.508A","sectionType":"section","heading":"Reference for former Act","content":"### sec.508A Reference for former Act\n\nThis section applies on a reference to a tribunal under section 500 (2) .\nA provision of a former Act that authorised or regulated the matters that could be referred to a former tribunal, or a decision on those matters, applies to the reference.\nIn the event of doubt, a regulation may declare a provision of a former Act to be a provision to which subsection (2) applies.\ns 508A ins 2006 No. 13 s 9\n(sec.508A-ssec.1) This section applies on a reference to a tribunal under section 500 (2) .\n(sec.508A-ssec.2) A provision of a former Act that authorised or regulated the matters that could be referred to a former tribunal, or a decision on those matters, applies to the reference.\n(sec.508A-ssec.3) In the event of doubt, a regulation may declare a provision of a former Act to be a provision to which subsection (2) applies.","sortOrder":903},{"sectionNumber":"sec.509","sectionType":"section","heading":"Limitation of tribunals’ jurisdiction","content":"### sec.509 Limitation of tribunals’ jurisdiction\n\nA tribunal has no jurisdiction to decide whether a person to whom an application for compensation relates is or is not, or was or was not, a worker at any time material to the application.\nA decision of a tribunal is not admissible in evidence as proof, or as tending to prove, that a person to whom an application for compensation relates, or who has sustained an injury, is or is not, or was or was not, a worker at any time material to the application.\n(sec.509-ssec.1) A tribunal has no jurisdiction to decide whether a person to whom an application for compensation relates is or is not, or was or was not, a worker at any time material to the application.\n(sec.509-ssec.2) A decision of a tribunal is not admissible in evidence as proof, or as tending to prove, that a person to whom an application for compensation relates, or who has sustained an injury, is or is not, or was or was not, a worker at any time material to the application.","sortOrder":904},{"sectionNumber":"sec.510","sectionType":"section","heading":"Power of tribunal to examine worker","content":"### sec.510 Power of tribunal to examine worker\n\nOn a reference to a tribunal about a non-fatal injury, the tribunal—\nmay make a personal examination of the worker at any time; or\nmay arrange for the examination to be made by a registered person nominated by it.\nIt is entirely in the tribunal’s discretion who may be present at a personal examination of the worker, but in any circumstances the only representative who may be present is a person nominated by the worker to be the worker’s representative.\nSubsection (3) applies if a worker—\nfails, without reasonable excuse, to attend at the time and place of which the worker has been given at least 5 business days written notice by the secretary to the tribunal; or\nhaving attended, refuses to be examined by the tribunal, a member of the tribunal, or the doctor; or\nobstructs, or attempts to obstruct, the examination.\nAny entitlement the worker may have to compensation is suspended until—\nthe worker undergoes the examination; or\nthe tribunal, with the agreement of the secretary to the tribunal, exempts the worker from the examination.\ns 510 amd 2004 No. 45 s 3 sch ; 2006 No. 13 s 10 ; 2016 No. 44 s 40\n(sec.510-ssec.1) On a reference to a tribunal about a non-fatal injury, the tribunal— may make a personal examination of the worker at any time; or may arrange for the examination to be made by a registered person nominated by it.\n(sec.510-ssec.1A) It is entirely in the tribunal’s discretion who may be present at a personal examination of the worker, but in any circumstances the only representative who may be present is a person nominated by the worker to be the worker’s representative.\n(sec.510-ssec.2) Subsection (3) applies if a worker— fails, without reasonable excuse, to attend at the time and place of which the worker has been given at least 5 business days written notice by the secretary to the tribunal; or having attended, refuses to be examined by the tribunal, a member of the tribunal, or the doctor; or obstructs, or attempts to obstruct, the examination.\n(sec.510-ssec.3) Any entitlement the worker may have to compensation is suspended until— the worker undergoes the examination; or the tribunal, with the agreement of the secretary to the tribunal, exempts the worker from the examination.\n- (a) may make a personal examination of the worker at any time; or\n- (b) may arrange for the examination to be made by a registered person nominated by it.\n- (a) fails, without reasonable excuse, to attend at the time and place of which the worker has been given at least 5 business days written notice by the secretary to the tribunal; or\n- (b) having attended, refuses to be examined by the tribunal, a member of the tribunal, or the doctor; or\n- (c) obstructs, or attempts to obstruct, the examination.\n- (a) the worker undergoes the examination; or\n- (b) the tribunal, with the agreement of the secretary to the tribunal, exempts the worker from the examination.","sortOrder":905},{"sectionNumber":"ch.11-pt.4","sectionType":"part","heading":"Proceedings for exercise of tribunals’ jurisdiction","content":"# Proceedings for exercise of tribunals’ jurisdiction","sortOrder":906},{"sectionNumber":"sec.510A","sectionType":"section","heading":"Definitions for pt 4","content":"### sec.510A Definitions for pt 4\n\nIn this part—\nrelevant document see section 499 .\nrepresentative means a person nominated by a worker to be the worker’s representative in relation to a reference of a matter to a tribunal.\ns 510A ins 2006 No. 13 s 11","sortOrder":907},{"sectionNumber":"sec.510B","sectionType":"section","heading":"Tribunal may require insurer to give further information","content":"### sec.510B Tribunal may require insurer to give further information\n\nThe tribunal may, by written notice, require the insurer to give the tribunal, within the period stated in the notice, any further information the tribunal needs to decide the matter referred to the tribunal.\nThe insurer must comply with the notice.\ns 510B ins 2006 No. 13 s 11\n(sec.510B-ssec.1) The tribunal may, by written notice, require the insurer to give the tribunal, within the period stated in the notice, any further information the tribunal needs to decide the matter referred to the tribunal.\n(sec.510B-ssec.2) The insurer must comply with the notice.","sortOrder":908},{"sectionNumber":"sec.510C","sectionType":"section","heading":"Exchange of relevant documents before tribunal","content":"### sec.510C Exchange of relevant documents before tribunal\n\nAfter an insurer refers a matter to a tribunal, relevant documents can only be exchanged between an insurer, the worker and the tribunal.\nTo remove any doubt, it is declared that an employer who is not an insurer or any other person not mentioned in subsection (1) whose interests may be affected by a decision made by a tribunal can not be given copies of relevant documents after a matter is referred to a tribunal.\nThe tribunal must give the worker a copy of a relevant document given by the insurer to the tribunal—\nif the document is given under section 500A —within 10 business days after a matter is referred to the tribunal; or\notherwise—within 5 business days after the tribunal receives the document.\nAt least 10 business days before the worker is scheduled to attend before the tribunal, the worker must give the tribunal and the insurer a copy of any relevant document the worker wants considered by the tribunal.\nAt least 3 business days before the worker is scheduled to attend before the tribunal, the insurer may give the tribunal and the worker a written submission on the factual matters referred to in the relevant documents given by the worker under subsection (4) .\nA tribunal may proceed to decide a matter even though an insurer has not given a written submission to the tribunal and the worker.\nA tribunal can not consider or rely on any relevant document given by the insurer or worker that has not been exchanged under this part.\nHowever, subsection (7) does not prevent the tribunal from relying on either of the following—\na report resulting from an examination of a worker by a registered person nominated by the tribunal under section 510 (1) (b) ;\na medical image given to the tribunal by the worker.\nCT, MRI, ultrasound scan, X-ray\ns 510C ins 2006 No. 13 s 11\namd 2016 No. 44 s 53 sch 1\n(sec.510C-ssec.1) After an insurer refers a matter to a tribunal, relevant documents can only be exchanged between an insurer, the worker and the tribunal.\n(sec.510C-ssec.2) To remove any doubt, it is declared that an employer who is not an insurer or any other person not mentioned in subsection (1) whose interests may be affected by a decision made by a tribunal can not be given copies of relevant documents after a matter is referred to a tribunal.\n(sec.510C-ssec.3) The tribunal must give the worker a copy of a relevant document given by the insurer to the tribunal— if the document is given under section 500A —within 10 business days after a matter is referred to the tribunal; or otherwise—within 5 business days after the tribunal receives the document.\n(sec.510C-ssec.4) At least 10 business days before the worker is scheduled to attend before the tribunal, the worker must give the tribunal and the insurer a copy of any relevant document the worker wants considered by the tribunal.\n(sec.510C-ssec.5) At least 3 business days before the worker is scheduled to attend before the tribunal, the insurer may give the tribunal and the worker a written submission on the factual matters referred to in the relevant documents given by the worker under subsection (4) .\n(sec.510C-ssec.6) A tribunal may proceed to decide a matter even though an insurer has not given a written submission to the tribunal and the worker.\n(sec.510C-ssec.7) A tribunal can not consider or rely on any relevant document given by the insurer or worker that has not been exchanged under this part.\n(sec.510C-ssec.8) However, subsection (7) does not prevent the tribunal from relying on either of the following— a report resulting from an examination of a worker by a registered person nominated by the tribunal under section 510 (1) (b) ; a medical image given to the tribunal by the worker. CT, MRI, ultrasound scan, X-ray\n- (a) if the document is given under section 500A —within 10 business days after a matter is referred to the tribunal; or\n- (b) otherwise—within 5 business days after the tribunal receives the document.\n- (a) a report resulting from an examination of a worker by a registered person nominated by the tribunal under section 510 (1) (b) ;\n- (b) a medical image given to the tribunal by the worker. Examples of medical images— CT, MRI, ultrasound scan, X-ray","sortOrder":909},{"sectionNumber":"sec.511","sectionType":"section","heading":"Right to appear and be heard before tribunal","content":"### sec.511 Right to appear and be heard before tribunal\n\nDespite any Act or law, this section is the only provision of law under which a person may be heard in relation to a matter referred to a tribunal, whether in relation to an injury mentioned in section 490A (1) (a) or (b) .\nOn a reference to a tribunal, the worker is entitled to be heard before the tribunal in person or by the worker’s representative.\nOnly the worker and any representative of the worker may be present or heard before the tribunal.\nTo remove any doubt, it is declared that an insurer, employer, or any other person (not being the worker) whose interests may be affected by a decision made by a tribunal can not be present, represented or heard before a tribunal.\ns 511 sub 2006 No. 13 s 11\n(sec.511-ssec.1) Despite any Act or law, this section is the only provision of law under which a person may be heard in relation to a matter referred to a tribunal, whether in relation to an injury mentioned in section 490A (1) (a) or (b) .\n(sec.511-ssec.2) On a reference to a tribunal, the worker is entitled to be heard before the tribunal in person or by the worker’s representative.\n(sec.511-ssec.3) Only the worker and any representative of the worker may be present or heard before the tribunal.\n(sec.511-ssec.4) To remove any doubt, it is declared that an insurer, employer, or any other person (not being the worker) whose interests may be affected by a decision made by a tribunal can not be present, represented or heard before a tribunal.","sortOrder":910},{"sectionNumber":"sec.511A","sectionType":"section","heading":"New medical information","content":"### sec.511A New medical information\n\nThis section applies if—\nnew information about a medical matter, other than information in a relevant document, comes to the tribunal’s knowledge when a worker attends before the tribunal; or\nthe tribunal receives a report resulting from an examination of a worker by a registered person nominated by the tribunal under section 510 (1) (b) .\nThe tribunal is not required to give the information or report to an insurer or the worker’s employer or to anyone else for any purpose, either before or after the tribunal makes its decision.\ns 511A ins 2005 No. 50 s 40\nsub 2006 No. 13 s 11\namd 2016 No. 44 s 53 sch 1\n(sec.511A-ssec.1) This section applies if— new information about a medical matter, other than information in a relevant document, comes to the tribunal’s knowledge when a worker attends before the tribunal; or the tribunal receives a report resulting from an examination of a worker by a registered person nominated by the tribunal under section 510 (1) (b) .\n(sec.511A-ssec.2) The tribunal is not required to give the information or report to an insurer or the worker’s employer or to anyone else for any purpose, either before or after the tribunal makes its decision.\n- (a) new information about a medical matter, other than information in a relevant document, comes to the tribunal’s knowledge when a worker attends before the tribunal; or\n- (b) the tribunal receives a report resulting from an examination of a worker by a registered person nominated by the tribunal under section 510 (1) (b) .","sortOrder":911},{"sectionNumber":"sec.511B","sectionType":"section","heading":"Record keeping by tribunal","content":"### sec.511B Record keeping by tribunal\n\nThe tribunal must keep a record of—\nrelevant documents exchanged in relation to a matter referred to the tribunal; and\nthe reasons for its decision on the reference.\nHowever, the tribunal is not required to make a transcript or recording of the worker’s attendance before the tribunal.\nA transcript or recording, if made, can only be disclosed to the worker and any representative of the worker.\nThis section does not limit section 516 .\ns 511B ins 2006 No. 13 s 11\n(sec.511B-ssec.1) The tribunal must keep a record of— relevant documents exchanged in relation to a matter referred to the tribunal; and the reasons for its decision on the reference.\n(sec.511B-ssec.2) However, the tribunal is not required to make a transcript or recording of the worker’s attendance before the tribunal.\n(sec.511B-ssec.3) A transcript or recording, if made, can only be disclosed to the worker and any representative of the worker.\n(sec.511B-ssec.4) This section does not limit section 516 .\n- (a) relevant documents exchanged in relation to a matter referred to the tribunal; and\n- (b) the reasons for its decision on the reference.","sortOrder":912},{"sectionNumber":"sec.512","sectionType":"section","heading":"Further reference on fresh evidence","content":"### sec.512 Further reference on fresh evidence\n\nThis section applies to any reference to a tribunal under any paragraph of section 500 (1) relating to a worker’s injury if the reference is not about a matter mentioned in section 266 .\nThe worker may ask the insurer to consider fresh medical evidence about the worker’s injury within 12 months of the making of the original decision.\nThe insurer must refer the medical evidence to a review panel to decide if the medical evidence—\nis relevant to the application so decided; and\nis factual medical data not known about the worker at the time of the tribunal’s decision.\nThe review panel must consider the medical evidence produced by the worker and may accept or reject the evidence.\nA decision of the review panel is final and may not be appealed against.\nIf the review panel accepts the medical evidence, the insurer must refer the application to the appropriate tribunal for further decision.\nIf practicable, the application under this section must be further decided by the original tribunal.\nIf, as a result of the review, the worker is entitled to further lump sum compensation for an injury resulting in a DPI of the worker of less than 20%, the worker’s entitlement does not extend to a further election under section 189 for the injury.\nIn relation to a reference to a tribunal under section 500 (2) , a provision of a former Act dealing with a further reference on fresh evidence applies and subsections (1) to (8) do not apply.\nIn this section—\nreview panel means a panel consisting of the chairperson or deputy chairperson of the General Medical Assessment Tribunal and a member of the original panel.\ns 512 amd 2006 No. 13 ss 12 , 2 sch ; 2013 No. 52 s 56 sch 1 (retro)\n(sec.512-ssec.1) This section applies to any reference to a tribunal under any paragraph of section 500 (1) relating to a worker’s injury if the reference is not about a matter mentioned in section 266 .\n(sec.512-ssec.2) The worker may ask the insurer to consider fresh medical evidence about the worker’s injury within 12 months of the making of the original decision.\n(sec.512-ssec.3) The insurer must refer the medical evidence to a review panel to decide if the medical evidence— is relevant to the application so decided; and is factual medical data not known about the worker at the time of the tribunal’s decision.\n(sec.512-ssec.4) The review panel must consider the medical evidence produced by the worker and may accept or reject the evidence.\n(sec.512-ssec.5) A decision of the review panel is final and may not be appealed against.\n(sec.512-ssec.6) If the review panel accepts the medical evidence, the insurer must refer the application to the appropriate tribunal for further decision.\n(sec.512-ssec.7) If practicable, the application under this section must be further decided by the original tribunal.\n(sec.512-ssec.8) If, as a result of the review, the worker is entitled to further lump sum compensation for an injury resulting in a DPI of the worker of less than 20%, the worker’s entitlement does not extend to a further election under section 189 for the injury.\n(sec.512-ssec.8A) In relation to a reference to a tribunal under section 500 (2) , a provision of a former Act dealing with a further reference on fresh evidence applies and subsections (1) to (8) do not apply.\n(sec.512-ssec.9) In this section— review panel means a panel consisting of the chairperson or deputy chairperson of the General Medical Assessment Tribunal and a member of the original panel.\n- (a) is relevant to the application so decided; and\n- (b) is factual medical data not known about the worker at the time of the tribunal’s decision.","sortOrder":913},{"sectionNumber":"sec.513","sectionType":"section","heading":"Deferral of decisions","content":"### sec.513 Deferral of decisions\n\nA tribunal may, from time to time, defer its decision on a reference to it.\nHowever, a deferral must not be for longer than 3 months at any 1 time.\n(sec.513-ssec.1) A tribunal may, from time to time, defer its decision on a reference to it.\n(sec.513-ssec.2) However, a deferral must not be for longer than 3 months at any 1 time.","sortOrder":914},{"sectionNumber":"sec.514","sectionType":"section","heading":"Tribunal may refer non-medical matters back to insurer","content":"### sec.514 Tribunal may refer non-medical matters back to insurer\n\nIf the tribunal considers that the terms of a reference to it involve—\nboth medical and non-medical matters; or\nentirely non-medical matters;\nthe tribunal may refer the non-medical matters back to the insurer for a decision.\nTo remove any doubt, it is declared that if the tribunal decides a medical matter mentioned in subsection (1) (a) , section 515 applies to that decision.\nSection 513 applies to a reference back to the insurer under subsection (1) .\n(sec.514-ssec.1) If the tribunal considers that the terms of a reference to it involve— both medical and non-medical matters; or entirely non-medical matters; the tribunal may refer the non-medical matters back to the insurer for a decision.\n(sec.514-ssec.2) To remove any doubt, it is declared that if the tribunal decides a medical matter mentioned in subsection (1) (a) , section 515 applies to that decision.\n(sec.514-ssec.3) Section 513 applies to a reference back to the insurer under subsection (1) .\n- (a) both medical and non-medical matters; or\n- (b) entirely non-medical matters;","sortOrder":915},{"sectionNumber":"sec.515","sectionType":"section","heading":"Finality of tribunal’s decision","content":"### sec.515 Finality of tribunal’s decision\n\nEither of the following decisions of the tribunal is final and can not be questioned in a proceeding before a tribunal or a court, except under section 512 —\na decision on a medical matter referred to the tribunal under section 500 ;\na decision under section 514 (1) .\nSubsection (1) has no effect on the Judicial Review Act 1991 .\n(sec.515-ssec.1) Either of the following decisions of the tribunal is final and can not be questioned in a proceeding before a tribunal or a court, except under section 512 — a decision on a medical matter referred to the tribunal under section 500 ; a decision under section 514 (1) .\n(sec.515-ssec.2) Subsection (1) has no effect on the Judicial Review Act 1991 .\n- (a) a decision on a medical matter referred to the tribunal under section 500 ;\n- (b) a decision under section 514 (1) .","sortOrder":916},{"sectionNumber":"sec.516","sectionType":"section","heading":"Decisions of tribunal","content":"### sec.516 Decisions of tribunal\n\nA tribunal must give a written decision for any matter referred to it with reasons for the decision.\nA tribunal must give a copy of its decision to the insurer and to—\nthe worker; or\nthe worker’s representative.\ns 516 amd 2006 No. 13 s 13\n(sec.516-ssec.1) A tribunal must give a written decision for any matter referred to it with reasons for the decision.\n(sec.516-ssec.2) A tribunal must give a copy of its decision to the insurer and to— the worker; or the worker’s representative.\n- (a) the worker; or\n- (b) the worker’s representative.","sortOrder":917},{"sectionNumber":"sec.517","sectionType":"section","heading":"Protection from liability","content":"### sec.517 Protection from liability\n\nA member of a tribunal does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to a member of the tribunal, the liability attaches instead to the State.\ns 517 amd 2013 No. 52 s 93\n(sec.517-ssec.1) A member of a tribunal does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.517-ssec.2) If subsection (1) prevents a civil liability attaching to a member of the tribunal, the liability attaches instead to the State.","sortOrder":918},{"sectionNumber":"ch.12-pt.1","sectionType":"part","heading":"Authorised persons and enforcement","content":"# Authorised persons and enforcement","sortOrder":919},{"sectionNumber":"ch.12-pt.1-div.1","sectionType":"division","heading":"Power to enter","content":"## Power to enter","sortOrder":920},{"sectionNumber":"sec.518","sectionType":"section","heading":"Powers of entry","content":"### sec.518 Powers of entry\n\nFor performing functions under this Act, an authorised person may at any time enter a place that is, or that the authorised person reasonably suspects is, a workplace.\nAn entry may be made under subsection (1) with, or without, the consent of the person with management or control of the workplace.\nIf an authorised person enters a place under subsection (1) and it is not a workplace, the authorised person must leave the place immediately.\nAn authorised person may enter any place if the entry is authorised by a search warrant.\ns 518 sub 2013 No. 52 s 94\n(sec.518-ssec.1) For performing functions under this Act, an authorised person may at any time enter a place that is, or that the authorised person reasonably suspects is, a workplace.\n(sec.518-ssec.2) An entry may be made under subsection (1) with, or without, the consent of the person with management or control of the workplace.\n(sec.518-ssec.3) If an authorised person enters a place under subsection (1) and it is not a workplace, the authorised person must leave the place immediately.\n(sec.518-ssec.4) An authorised person may enter any place if the entry is authorised by a search warrant.","sortOrder":921},{"sectionNumber":"sec.519","sectionType":"section","heading":"Notification of entry","content":"### sec.519 Notification of entry\n\nAn authorised person may enter a place under section 518 without prior notice to any person.\nAn authorised person must, as soon as practicable after entry to a workplace or suspected workplace, take all reasonable steps to notify the following persons of the entry and the purpose of the entry—\nthe person conducting a relevant business or undertaking at the workplace;\nthe person with management or control of the workplace.\nHowever, an authorised person is not required to notify any person if to do so would defeat the purpose for which the place was entered or cause unreasonable delay.\nIn this section—\nrelevant business or undertaking means a business or undertaking in relation to which the authorised person is exercising the power of entry.\ns 519 sub 2013 No. 52 s 94\n(sec.519-ssec.1) An authorised person may enter a place under section 518 without prior notice to any person.\n(sec.519-ssec.2) An authorised person must, as soon as practicable after entry to a workplace or suspected workplace, take all reasonable steps to notify the following persons of the entry and the purpose of the entry— the person conducting a relevant business or undertaking at the workplace; the person with management or control of the workplace.\n(sec.519-ssec.3) However, an authorised person is not required to notify any person if to do so would defeat the purpose for which the place was entered or cause unreasonable delay.\n(sec.519-ssec.4) In this section— relevant business or undertaking means a business or undertaking in relation to which the authorised person is exercising the power of entry.\n- (a) the person conducting a relevant business or undertaking at the workplace;\n- (b) the person with management or control of the workplace.","sortOrder":922},{"sectionNumber":"sec.520","sectionType":"section","heading":"Persons assisting authorised persons","content":"### sec.520 Persons assisting authorised persons\n\nA person (the assistant ), including an interpreter, may accompany an authorised person entering a place under section 518 to assist the authorised person if the authorised person considers the assistance is necessary.\nThe assistant—\nmay do the things at the place, and in the way, that the authorised person reasonably requires to assist the authorised person to exercise the authorised person’s powers under this part; but\nmust not do anything that the authorised person does not have power to do, except as permitted under a search warrant.\nAnything done lawfully by the assistant is taken for all purposes to have been done by the authorised person.\ns 520 sub 2013 No. 52 s 94\n(sec.520-ssec.1) A person (the assistant ), including an interpreter, may accompany an authorised person entering a place under section 518 to assist the authorised person if the authorised person considers the assistance is necessary.\n(sec.520-ssec.2) The assistant— may do the things at the place, and in the way, that the authorised person reasonably requires to assist the authorised person to exercise the authorised person’s powers under this part; but must not do anything that the authorised person does not have power to do, except as permitted under a search warrant.\n(sec.520-ssec.3) Anything done lawfully by the assistant is taken for all purposes to have been done by the authorised person.\n- (a) may do the things at the place, and in the way, that the authorised person reasonably requires to assist the authorised person to exercise the authorised person’s powers under this part; but\n- (b) must not do anything that the authorised person does not have power to do, except as permitted under a search warrant.","sortOrder":923},{"sectionNumber":"sec.521","sectionType":"section","heading":"Search warrants","content":"### sec.521 Search warrants\n\nAn authorised person may apply to a magistrate for a search warrant for a place.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\nThe magistrate may issue a search warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\nthe evidence is, or may be within the next 72 hours, at the place.\nThe search warrant must state—\nthat a stated authorised person may, with necessary and reasonable help and force, enter the place and exercise the authorised person’s powers under this part; and\nthe offence for which the search warrant is sought; and\nthe evidence that may be seized under the search warrant; and\nthe hours of the day or night when the place may be entered; and\nthe date, within 7 days after the search warrant’s issue, the search warrant ends.\ns 521 sub 2013 No. 52 s 94\n(sec.521-ssec.1) An authorised person may apply to a magistrate for a search warrant for a place.\n(sec.521-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.521-ssec.3) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.521-ssec.4) The magistrate may issue a search warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is, or may be within the next 72 hours, at the place.\n(sec.521-ssec.5) The search warrant must state— that a stated authorised person may, with necessary and reasonable help and force, enter the place and exercise the authorised person’s powers under this part; and the offence for which the search warrant is sought; and the evidence that may be seized under the search warrant; and the hours of the day or night when the place may be entered; and the date, within 7 days after the search warrant’s issue, the search warrant ends.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\n- (b) the evidence is, or may be within the next 72 hours, at the place.\n- (a) that a stated authorised person may, with necessary and reasonable help and force, enter the place and exercise the authorised person’s powers under this part; and\n- (b) the offence for which the search warrant is sought; and\n- (c) the evidence that may be seized under the search warrant; and\n- (d) the hours of the day or night when the place may be entered; and\n- (e) the date, within 7 days after the search warrant’s issue, the search warrant ends.","sortOrder":924},{"sectionNumber":"sec.522","sectionType":"section","heading":"Electronic application","content":"### sec.522 Electronic application\n\nAn application under section 521 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised person’s remote location.\nThe application—\nmay not be made before the authorised person prepares a written application under section 521 (2) ; but\nmay be made before the application is sworn.\nThe magistrate may issue the search warrant (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under this section; and\nthe way the application was made was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or\notherwise—\nthe magistrate must tell the authorised person the information mentioned in section 521 (5) ; and\nthe authorised person must complete a form of warrant, including by writing on it the information mentioned in section 521 (5) provided by the magistrate.\nThe copy of the original warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe authorised person must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 521 (2) ; and\nif the authorised person completed a form of warrant under subsection (4) (b) —the completed form of warrant.\nThe magistrate must keep the original warrant and, on receiving the documents under subsection (6) —\nattach the documents to the original warrant; and\ngive the original warrant and documents to the clerk of the court of the Magistrates Court.\nDespite subsection (5) , if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a search warrant issued under this section; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a search warrant authorised the exercise of the power.\nThis section does not limit section 521 .\ns 522 sub 2013 No. 52 s 94\n(sec.522-ssec.1) An application under section 521 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised person’s remote location.\n(sec.522-ssec.2) The application— may not be made before the authorised person prepares a written application under section 521 (2) ; but may be made before the application is sworn.\n(sec.522-ssec.3) The magistrate may issue the search warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under this section; and the way the application was made was appropriate.\n(sec.522-ssec.4) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or otherwise— the magistrate must tell the authorised person the information mentioned in section 521 (5) ; and the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 521 (5) provided by the magistrate.\n(sec.522-ssec.5) The copy of the original warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sec.522-ssec.6) The authorised person must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 521 (2) ; and if the authorised person completed a form of warrant under subsection (4) (b) —the completed form of warrant.\n(sec.522-ssec.7) The magistrate must keep the original warrant and, on receiving the documents under subsection (6) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the Magistrates Court.\n(sec.522-ssec.8) Despite subsection (5) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a search warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a search warrant authorised the exercise of the power.\n(sec.522-ssec.9) This section does not limit section 521 .\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the authorised person’s remote location.\n- (a) may not be made before the authorised person prepares a written application under section 521 (2) ; but\n- (b) may be made before the application is sworn.\n- (a) it was necessary to make the application under this section; and\n- (b) the way the application was made was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or\n- (b) otherwise— (i) the magistrate must tell the authorised person the information mentioned in section 521 (5) ; and (ii) the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 521 (5) provided by the magistrate.\n- (i) the magistrate must tell the authorised person the information mentioned in section 521 (5) ; and\n- (ii) the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 521 (5) provided by the magistrate.\n- (i) the magistrate must tell the authorised person the information mentioned in section 521 (5) ; and\n- (ii) the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 521 (5) provided by the magistrate.\n- (a) the written application complying with section 521 (2) ; and\n- (b) if the authorised person completed a form of warrant under subsection (4) (b) —the completed form of warrant.\n- (a) attach the documents to the original warrant; and\n- (b) give the original warrant and documents to the clerk of the court of the Magistrates Court.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a search warrant issued under this section; and\n- (b) the original warrant is not produced in evidence;","sortOrder":925},{"sectionNumber":"sec.523","sectionType":"section","heading":"Entry procedure","content":"### sec.523 Entry procedure\n\nThis section applies if an authorised person is intending to enter a place under a search warrant issued under this subdivision.\nBefore executing a search warrant, the authorised person named in the warrant or an assistant to the authorised person must do or make a reasonable attempt to do the following things—\nidentify themself to a person who is an occupier of the place and is present by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment;\ngive the person a copy of the warrant;\ntell the person the authorised officer is authorised by the warrant to enter the place;\ngive any person at the place an opportunity to allow the authorised person immediate entry without using force.\nHowever, the authorised person or an assistant to the authorised person is not required to comply with subsection (1) if the authorised person or assistant reasonably believes that immediate entry to the place is needed to ensure—\nthe safety of any person; or\nthat the effective execution of the search warrant is not frustrated.\ns 523 sub 2013 No. 52 s 94\namd 2024 No. 40 s 65 sch 1\n(sec.523-ssec.1) This section applies if an authorised person is intending to enter a place under a search warrant issued under this subdivision.\n(sec.523-ssec.2) Before executing a search warrant, the authorised person named in the warrant or an assistant to the authorised person must do or make a reasonable attempt to do the following things— identify themself to a person who is an occupier of the place and is present by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment; give the person a copy of the warrant; tell the person the authorised officer is authorised by the warrant to enter the place; give any person at the place an opportunity to allow the authorised person immediate entry without using force.\n(sec.523-ssec.3) However, the authorised person or an assistant to the authorised person is not required to comply with subsection (1) if the authorised person or assistant reasonably believes that immediate entry to the place is needed to ensure— the safety of any person; or that the effective execution of the search warrant is not frustrated.\n- (a) identify themself to a person who is an occupier of the place and is present by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the authorised officer is authorised by the warrant to enter the place;\n- (d) give any person at the place an opportunity to allow the authorised person immediate entry without using force.\n- (a) the safety of any person; or\n- (b) that the effective execution of the search warrant is not frustrated.","sortOrder":926},{"sectionNumber":"sec.524","sectionType":"section","heading":"Copy of search warrant to be given to person with management or control of place","content":"### sec.524 Copy of search warrant to be given to person with management or control of place\n\nIf the person who has or appears to have management or control of a place is present at the place when a search warrant is being executed, the authorised person must—\nproduce the authorised person’s identity card to that person for inspection; and\ngive that person a copy of the execution copy of the warrant.\nIn this section—\nexecution copy includes a duplicate warrant mentioned in section 522 (5) .\ns 524 sub 2013 No. 52 s 94\namd 2024 No. 40 s 65 sch 1\n(sec.524-ssec.1) If the person who has or appears to have management or control of a place is present at the place when a search warrant is being executed, the authorised person must— produce the authorised person’s identity card to that person for inspection; and give that person a copy of the execution copy of the warrant.\n(sec.524-ssec.2) In this section— execution copy includes a duplicate warrant mentioned in section 522 (5) .\n- (a) produce the authorised person’s identity card to that person for inspection; and\n- (b) give that person a copy of the execution copy of the warrant.","sortOrder":927},{"sectionNumber":"sec.525","sectionType":"section","heading":"Places used for residential purposes","content":"### sec.525 Places used for residential purposes\n\nDespite anything else in this part, the powers of an authorised person under this part in relation to entering a place are not exercisable in relation to any part of a place that is used only for residential purposes except—\nwith the consent of the person with management or control of the place; or\nunder the authority conferred by a search warrant; or\nfor the purpose only of gaining access to a suspected workplace, but only—\nif the authorised person reasonably believes that no reasonable alternative access is available; and\nat a reasonable time having regard to the times at which the authorised person believes work is being carried out at the place to which access is sought.\ns 525 sub 2013 No. 52 s 94\n- (a) with the consent of the person with management or control of the place; or\n- (b) under the authority conferred by a search warrant; or\n- (c) for the purpose only of gaining access to a suspected workplace, but only— (i) if the authorised person reasonably believes that no reasonable alternative access is available; and (ii) at a reasonable time having regard to the times at which the authorised person believes work is being carried out at the place to which access is sought.\n- (i) if the authorised person reasonably believes that no reasonable alternative access is available; and\n- (ii) at a reasonable time having regard to the times at which the authorised person believes work is being carried out at the place to which access is sought.\n- (i) if the authorised person reasonably believes that no reasonable alternative access is available; and\n- (ii) at a reasonable time having regard to the times at which the authorised person believes work is being carried out at the place to which access is sought.","sortOrder":928},{"sectionNumber":"ch.12-pt.1-div.2","sectionType":"division","heading":"Specific powers after entry","content":"## Specific powers after entry","sortOrder":929},{"sectionNumber":"sec.526","sectionType":"section","heading":"General powers","content":"### sec.526 General powers\n\nAn authorised person who enters a place under this part may do all or any of the following—\nsearch any part of the place;\ninspect, examine, take measurements of or film any part of the place or anything at the place;\ntake for examination a thing, or a sample of or from a thing, at the place;\nplace an identifying mark in or on anything at the place;\ntake to, into or onto the place and use any person, equipment and materials the authorised person reasonably requires for exercising the authorised person’s functions under this part;\ntake an extract from, or copy, a document at the place, or take the document to another place to copy;\nproduce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\nremain at the place for the time necessary to achieve the purpose of the entry.\nThe authorised person may take a necessary step to allow the exercise of a power under subsection (1) .\nIf the authorised person takes a document from the place to copy it, the authorised person must copy the document and return it to the place as soon as practicable.\nIf the authorised person takes from the place an article or device reasonably capable of producing a document from an electronic document, the authorised person must produce the document and return the article or device as soon as practicable.\nIn this section—\nexamine includes analyse, test, account, measure, weigh, grade, gauge and identify.\nfilm includes photograph, videotape and record an image in another way.\ns 526 sub 2013 No. 52 s 94\n(sec.526-ssec.1) An authorised person who enters a place under this part may do all or any of the following— search any part of the place; inspect, examine, take measurements of or film any part of the place or anything at the place; take for examination a thing, or a sample of or from a thing, at the place; place an identifying mark in or on anything at the place; take to, into or onto the place and use any person, equipment and materials the authorised person reasonably requires for exercising the authorised person’s functions under this part; take an extract from, or copy, a document at the place, or take the document to another place to copy; produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing; remain at the place for the time necessary to achieve the purpose of the entry.\n(sec.526-ssec.2) The authorised person may take a necessary step to allow the exercise of a power under subsection (1) .\n(sec.526-ssec.3) If the authorised person takes a document from the place to copy it, the authorised person must copy the document and return it to the place as soon as practicable.\n(sec.526-ssec.4) If the authorised person takes from the place an article or device reasonably capable of producing a document from an electronic document, the authorised person must produce the document and return the article or device as soon as practicable.\n(sec.526-ssec.5) In this section— examine includes analyse, test, account, measure, weigh, grade, gauge and identify. film includes photograph, videotape and record an image in another way.\n- (a) search any part of the place;\n- (b) inspect, examine, take measurements of or film any part of the place or anything at the place;\n- (c) take for examination a thing, or a sample of or from a thing, at the place;\n- (d) place an identifying mark in or on anything at the place;\n- (e) take to, into or onto the place and use any person, equipment and materials the authorised person reasonably requires for exercising the authorised person’s functions under this part;\n- (f) take an extract from, or copy, a document at the place, or take the document to another place to copy;\n- (g) produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\n- (h) remain at the place for the time necessary to achieve the purpose of the entry.","sortOrder":930},{"sectionNumber":"sec.527","sectionType":"section","heading":"Power to require reasonable help","content":"### sec.527 Power to require reasonable help\n\nAn authorised person who enters a place under this part may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the authorised person reasonable help to exercise a power under section 526 , including, for example, to produce a document or to give information.\nWhen making the help requirement, the authorised person must give the person an offence warning for the requirement.\ns 527 sub 2013 No. 52 s 94\n(sec.527-ssec.1) An authorised person who enters a place under this part may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the authorised person reasonable help to exercise a power under section 526 , including, for example, to produce a document or to give information.\n(sec.527-ssec.2) When making the help requirement, the authorised person must give the person an offence warning for the requirement.","sortOrder":931},{"sectionNumber":"sec.528","sectionType":"section","heading":"Offence to contravene help requirement","content":"### sec.528 Offence to contravene help requirement\n\nA person of whom a help requirement under section 527 has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIt is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\nHowever, subsection (2) does not apply if a document or information the subject of the help requirement is required to be held or kept by the person under this Act.\ns 528 sub 2013 No. 52 s 94\n(sec.528-ssec.1) A person of whom a help requirement under section 527 has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.528-ssec.2) It is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\n(sec.528-ssec.3) However, subsection (2) does not apply if a document or information the subject of the help requirement is required to be held or kept by the person under this Act.","sortOrder":932},{"sectionNumber":"sec.529","sectionType":"section","heading":"Power to seize evidence etc.","content":"### sec.529 Power to seize evidence etc.\n\nAn authorised person who enters a place under this part, other than under a search warrant, may seize anything, including a document, at the place if the authorised person reasonably believes the thing is evidence of an offence against this Act.\nAn authorised person who enters a place with a search warrant may seize the evidence for which the warrant was issued.\nAn authorised person who enters a place with a search warrant may also seize anything else at the place if the authorised person reasonably believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being hidden, lost or destroyed or used to continue or repeat the offence.\ns 529 sub 2013 No. 52 s 94\n(sec.529-ssec.1) An authorised person who enters a place under this part, other than under a search warrant, may seize anything, including a document, at the place if the authorised person reasonably believes the thing is evidence of an offence against this Act.\n(sec.529-ssec.2) An authorised person who enters a place with a search warrant may seize the evidence for which the warrant was issued.\n(sec.529-ssec.3) An authorised person who enters a place with a search warrant may also seize anything else at the place if the authorised person reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being hidden, lost or destroyed or used to continue or repeat the offence.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed or used to continue or repeat the offence.","sortOrder":933},{"sectionNumber":"sec.530","sectionType":"section","heading":"Receipt for seized things","content":"### sec.530 Receipt for seized things\n\nAs soon as practicable after an authorised person seizes a thing under this subdivision, the authorised person must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the authorised person must leave the receipt in a conspicuous position and in a reasonably secure way at the place of seizure.\nThe receipt must describe generally each thing seized and its condition.\nThis section does not apply to a thing if it is impracticable or would be unreasonable, given the thing’s nature, condition and value, to give the receipt required by this section.\ns 530 sub 2013 No. 52 s 94\n(sec.530-ssec.1) As soon as practicable after an authorised person seizes a thing under this subdivision, the authorised person must give a receipt for it to the person from whom it was seized.\n(sec.530-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the authorised person must leave the receipt in a conspicuous position and in a reasonably secure way at the place of seizure.\n(sec.530-ssec.3) The receipt must describe generally each thing seized and its condition.\n(sec.530-ssec.4) This section does not apply to a thing if it is impracticable or would be unreasonable, given the thing’s nature, condition and value, to give the receipt required by this section.","sortOrder":934},{"sectionNumber":"sec.531","sectionType":"section","heading":"Access to seized thing","content":"### sec.531 Access to seized thing\n\nUntil a thing seized under this subdivision is returned, the authorised person who seized the thing must allow an owner of the thing—\nto inspect it at any reasonable time and from time to time; and\nif it is a document—to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\nThe inspection or copying must be allowed free of charge.\ns 531 sub 2013 No. 52 s 94\n(sec.531-ssec.1) Until a thing seized under this subdivision is returned, the authorised person who seized the thing must allow an owner of the thing— to inspect it at any reasonable time and from time to time; and if it is a document—to copy it.\n(sec.531-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.531-ssec.3) The inspection or copying must be allowed free of charge.\n- (a) to inspect it at any reasonable time and from time to time; and\n- (b) if it is a document—to copy it.","sortOrder":935},{"sectionNumber":"sec.532","sectionType":"section","heading":"Return of seized thing","content":"### sec.532 Return of seized thing\n\nThe authorised person must return a thing seized under this subdivision to an owner—\ngenerally—at the end of 6 months after the seizure; or\nif a proceeding for an offence involving the thing is started within the 6 months—at the end of the proceeding and any appeal from the proceeding.\nDespite subsection (1) , if the thing was seized as evidence, the authorised person must return the thing seized to an owner as soon as practicable after the authorised person is satisfied—\nits continued retention as evidence is no longer necessary; and\nit is lawful for the owner to possess it.\nNothing in this section affects a lien or other security over the seized thing.\ns 532 sub 2013 No. 52 s 94\n(sec.532-ssec.1) The authorised person must return a thing seized under this subdivision to an owner— generally—at the end of 6 months after the seizure; or if a proceeding for an offence involving the thing is started within the 6 months—at the end of the proceeding and any appeal from the proceeding.\n(sec.532-ssec.2) Despite subsection (1) , if the thing was seized as evidence, the authorised person must return the thing seized to an owner as soon as practicable after the authorised person is satisfied— its continued retention as evidence is no longer necessary; and it is lawful for the owner to possess it.\n(sec.532-ssec.3) Nothing in this section affects a lien or other security over the seized thing.\n- (a) generally—at the end of 6 months after the seizure; or\n- (b) if a proceeding for an offence involving the thing is started within the 6 months—at the end of the proceeding and any appeal from the proceeding.\n- (a) its continued retention as evidence is no longer necessary; and\n- (b) it is lawful for the owner to possess it.","sortOrder":936},{"sectionNumber":"ch.12-pt.1-div.3","sectionType":"division","heading":"Other powers of authorised person etc.","content":"## Other powers of authorised person etc.","sortOrder":937},{"sectionNumber":"sec.532A","sectionType":"section","heading":"Power to require name and address","content":"### sec.532A Power to require name and address\n\nThis section applies if an authorised person—\nfinds a person committing an offence against this Act; or\nfinds a person in circumstances that lead the authorised person to reasonably suspect the person has just committed an offence against this Act; or\nhas information that leads the authorised person to reasonably suspect a person has just committed an offence against this Act.\nThe authorised person may require the person to state the person’s name and residential address.\nThe authorised person may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—\nbe in possession of evidence of the correctness of the stated name or address; or\notherwise be able to give the evidence.\nWhen making a personal details requirement, the authorised person must give the person an offence warning for the requirement.\nA requirement under this section is a personal details requirement .\ns 532A ins 2013 No. 52 s 94\n(sec.532A-ssec.1) This section applies if an authorised person— finds a person committing an offence against this Act; or finds a person in circumstances that lead the authorised person to reasonably suspect the person has just committed an offence against this Act; or has information that leads the authorised person to reasonably suspect a person has just committed an offence against this Act.\n(sec.532A-ssec.2) The authorised person may require the person to state the person’s name and residential address.\n(sec.532A-ssec.3) The authorised person may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to— be in possession of evidence of the correctness of the stated name or address; or otherwise be able to give the evidence.\n(sec.532A-ssec.4) When making a personal details requirement, the authorised person must give the person an offence warning for the requirement.\n(sec.532A-ssec.5) A requirement under this section is a personal details requirement .\n- (a) finds a person committing an offence against this Act; or\n- (b) finds a person in circumstances that lead the authorised person to reasonably suspect the person has just committed an offence against this Act; or\n- (c) has information that leads the authorised person to reasonably suspect a person has just committed an offence against this Act.\n- (a) be in possession of evidence of the correctness of the stated name or address; or\n- (b) otherwise be able to give the evidence.","sortOrder":938},{"sectionNumber":"sec.532B","sectionType":"section","heading":"Offence to contravene personal details requirement","content":"### sec.532B Offence to contravene personal details requirement\n\nA person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nA person may not be convicted of an offence under subsection (1) unless the person is found guilty of the offence in relation to which the personal details requirement was made.\nIn this section—\nperson details requirement see section 532A (5) .\ns 532B ins 2013 No. 52 s 94\n(sec.532B-ssec.1) A person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.532B-ssec.2) A person may not be convicted of an offence under subsection (1) unless the person is found guilty of the offence in relation to which the personal details requirement was made.\n(sec.532B-ssec.3) In this section— person details requirement see section 532A (5) .","sortOrder":939},{"sectionNumber":"sec.532C","sectionType":"section","heading":"Power to require information or documents from particular persons","content":"### sec.532C Power to require information or documents from particular persons\n\nThis section applies if an authorised person reasonably believes that a person has information, or documents providing information, relevant to any of the following matters—\nany person’s liability to insure as an employer, including liability for premiums;\nany person’s entitlement to compensation;\nany person’s entitlement to claim damages;\nany contravention of this Act the authorised person reasonably believes has been committed.\nThe authorised person may require the person to give the information or produce for inspection the documents to the authorised person at a reasonable time and place nominated by the authorised person and allow the authorised person to make a copy of the documents.\nTo remove any doubt, it is declared that under subsection (2) , an authorised person may require the information to be given, or the documents to be produced immediately, at the place the requirement is made, if the requirement is reasonable in the circumstances.\nWhen making a requirement under subsection (2) , the authorised person must give the person an offence warning for the requirement.\nThe person must comply with a requirement under subsection (2) , unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIt is a reasonable excuse for an individual not to comply with a requirement under subsection (2) if complying might tend to incriminate the individual or expose the individual to a penalty.\nThe person does not commit an offence against this section if the information or documents sought by the authorised person are not in fact relevant to a matter mentioned in subsection (1) .\ns 532C ins 2013 No. 52 s 94\namd 2019 No. 33 ss 73 , 92 sch 1\n(sec.532C-ssec.1) This section applies if an authorised person reasonably believes that a person has information, or documents providing information, relevant to any of the following matters— any person’s liability to insure as an employer, including liability for premiums; any person’s entitlement to compensation; any person’s entitlement to claim damages; any contravention of this Act the authorised person reasonably believes has been committed.\n(sec.532C-ssec.2) The authorised person may require the person to give the information or produce for inspection the documents to the authorised person at a reasonable time and place nominated by the authorised person and allow the authorised person to make a copy of the documents.\n(sec.532C-ssec.3) To remove any doubt, it is declared that under subsection (2) , an authorised person may require the information to be given, or the documents to be produced immediately, at the place the requirement is made, if the requirement is reasonable in the circumstances.\n(sec.532C-ssec.4) When making a requirement under subsection (2) , the authorised person must give the person an offence warning for the requirement.\n(sec.532C-ssec.5) The person must comply with a requirement under subsection (2) , unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.532C-ssec.6) It is a reasonable excuse for an individual not to comply with a requirement under subsection (2) if complying might tend to incriminate the individual or expose the individual to a penalty.\n(sec.532C-ssec.7) The person does not commit an offence against this section if the information or documents sought by the authorised person are not in fact relevant to a matter mentioned in subsection (1) .\n- (a) any person’s liability to insure as an employer, including liability for premiums;\n- (b) any person’s entitlement to compensation;\n- (c) any person’s entitlement to claim damages;\n- (d) any contravention of this Act the authorised person reasonably believes has been committed.","sortOrder":940},{"sectionNumber":"sec.532D","sectionType":"section","heading":"Keeping and inspection of particular documents","content":"### sec.532D Keeping and inspection of particular documents\n\nAn employer or contractor must keep the documents about workers, and contracts for the performance of work, prescribed under a regulation.\nMaximum penalty—100 penalty units.\nA regulation may prescribe the particulars the documents must contain.\nThe employer or contractor must—\nkeep each document for at least 3 financial years after the last entry is made in it; and\nmake available for inspection by an authorised person, or produce to the authorised person for inspection, the documents at a reasonable time and place nominated by the authorised person; and\npermit the authorised person to make a copy of a document.\nMaximum penalty—100 penalty units.\nThe authorised person may keep the document to make a copy of it.\nThe authorised person must return the document to the person as soon as practicable after making the copy.\ns 532D ins 2013 No. 52 s 94\n(sec.532D-ssec.1) An employer or contractor must keep the documents about workers, and contracts for the performance of work, prescribed under a regulation. Maximum penalty—100 penalty units.\n(sec.532D-ssec.2) A regulation may prescribe the particulars the documents must contain.\n(sec.532D-ssec.3) The employer or contractor must— keep each document for at least 3 financial years after the last entry is made in it; and make available for inspection by an authorised person, or produce to the authorised person for inspection, the documents at a reasonable time and place nominated by the authorised person; and permit the authorised person to make a copy of a document. Maximum penalty—100 penalty units.\n(sec.532D-ssec.4) The authorised person may keep the document to make a copy of it.\n(sec.532D-ssec.5) The authorised person must return the document to the person as soon as practicable after making the copy.\n- (a) keep each document for at least 3 financial years after the last entry is made in it; and\n- (b) make available for inspection by an authorised person, or produce to the authorised person for inspection, the documents at a reasonable time and place nominated by the authorised person; and\n- (c) permit the authorised person to make a copy of a document.","sortOrder":941},{"sectionNumber":"ch.12-pt.1-div.4","sectionType":"division","heading":"Damage and compensation","content":"## Damage and compensation","sortOrder":942},{"sectionNumber":"sec.532E","sectionType":"section","heading":"Duty to avoid inconvenience and minimise damage","content":"### sec.532E Duty to avoid inconvenience and minimise damage\n\nIn exercising a power under this part, an authorised person must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible.\nSee also section 532G .\ns 532E ins 2013 No. 52 s 94","sortOrder":943},{"sectionNumber":"sec.532F","sectionType":"section","heading":"Notice of damage","content":"### sec.532F Notice of damage\n\nThis section applies if an authorised person or an assistant to an authorised person damages a thing when exercising or purporting to exercise a power under this part.\nHowever, this section does not apply to damage the authorised person reasonably considers is trivial or if the authorised person reasonably believes—\nthere is no-one apparently in possession of the thing; or\nthe thing has been abandoned.\nThe authorised person must give notice of the damage to the person who appears to the authorised person to be an owner, or person in control, of the thing.\nHowever, if for any reason it is not practicable to comply with subsection (3) , the authorised person must—\nleave the notice at the place where the damage happened; and\nensure it is left in a conspicuous position and in a reasonably secure way.\nThe authorised person may delay complying with subsection (3) or (4) if the authorised person reasonably suspects complying with the subsection may frustrate or otherwise hinder an investigation by the authorised person.\nThe delay may be only for so long as the authorised person continues to have the reasonable suspicion and remains in the vicinity of the place.\nIf the authorised person believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the authorised person or the assistant, the authorised person may state the belief in the notice.\nThe notice must state—\nparticulars of the damage; and\nthat the person who suffered the damage may claim compensation under section 532G .\ns 532F ins 2013 No. 52 s 94\n(sec.532F-ssec.1) This section applies if an authorised person or an assistant to an authorised person damages a thing when exercising or purporting to exercise a power under this part.\n(sec.532F-ssec.2) However, this section does not apply to damage the authorised person reasonably considers is trivial or if the authorised person reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned.\n(sec.532F-ssec.3) The authorised person must give notice of the damage to the person who appears to the authorised person to be an owner, or person in control, of the thing.\n(sec.532F-ssec.4) However, if for any reason it is not practicable to comply with subsection (3) , the authorised person must— leave the notice at the place where the damage happened; and ensure it is left in a conspicuous position and in a reasonably secure way.\n(sec.532F-ssec.5) The authorised person may delay complying with subsection (3) or (4) if the authorised person reasonably suspects complying with the subsection may frustrate or otherwise hinder an investigation by the authorised person.\n(sec.532F-ssec.6) The delay may be only for so long as the authorised person continues to have the reasonable suspicion and remains in the vicinity of the place.\n(sec.532F-ssec.7) If the authorised person believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the authorised person or the assistant, the authorised person may state the belief in the notice.\n(sec.532F-ssec.8) The notice must state— particulars of the damage; and that the person who suffered the damage may claim compensation under section 532G .\n- (a) there is no-one apparently in possession of the thing; or\n- (b) the thing has been abandoned.\n- (a) leave the notice at the place where the damage happened; and\n- (b) ensure it is left in a conspicuous position and in a reasonably secure way.\n- (a) particulars of the damage; and\n- (b) that the person who suffered the damage may claim compensation under section 532G .","sortOrder":944},{"sectionNumber":"sec.532G","sectionType":"section","heading":"Compensation","content":"### sec.532G Compensation\n\nA person may claim compensation if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised person including a loss arising from compliance with a requirement made of the person under this part.\nThe compensation may be claimed from—\nfor the exercise, or purported exercise, of a power by or for an authorised person of the Regulator—the State; or\nfor the exercise, or purported exercise, of a power by or for an authorised person of WorkCover—WorkCover.\nThe compensation may be claimed and ordered in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an alleged offence against this Act the investigation of which gave rise to the claim for compensation.\nA court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\nIn considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant.\nA regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\nSection 532E does not provide for a statutory right of compensation other than is provided by this section.\nIn this section—\nloss includes costs and damage.\ns 532G ins 2013 No. 52 s 94\n(sec.532G-ssec.1) A person may claim compensation if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised person including a loss arising from compliance with a requirement made of the person under this part.\n(sec.532G-ssec.2) The compensation may be claimed from— for the exercise, or purported exercise, of a power by or for an authorised person of the Regulator—the State; or for the exercise, or purported exercise, of a power by or for an authorised person of WorkCover—WorkCover.\n(sec.532G-ssec.3) The compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.\n(sec.532G-ssec.4) A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.532G-ssec.5) In considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant.\n(sec.532G-ssec.6) A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\n(sec.532G-ssec.7) Section 532E does not provide for a statutory right of compensation other than is provided by this section.\n(sec.532G-ssec.8) In this section— loss includes costs and damage.\n- (a) for the exercise, or purported exercise, of a power by or for an authorised person of the Regulator—the State; or\n- (b) for the exercise, or purported exercise, of a power by or for an authorised person of WorkCover—WorkCover.\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.","sortOrder":945},{"sectionNumber":"ch.12-pt.1-div.5","sectionType":"division","heading":"Offences in relation to authorised persons","content":"## Offences in relation to authorised persons","sortOrder":946},{"sectionNumber":"sec.532H","sectionType":"section","heading":"Offence to hinder or obstruct authorised person","content":"### sec.532H Offence to hinder or obstruct authorised person\n\nA person must not obstruct an authorised person exercising a power, or someone helping an authorised person exercising a power, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a person has obstructed an authorised person, or someone helping an authorised person, and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that—\nit is an offence to cause an obstruction unless the person has a reasonable excuse; and\nthe authorised person considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.\ns 532H ins 2013 No. 52 s 94\n(sec.532H-ssec.1) A person must not obstruct an authorised person exercising a power, or someone helping an authorised person exercising a power, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.532H-ssec.2) If a person has obstructed an authorised person, or someone helping an authorised person, and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that— it is an offence to cause an obstruction unless the person has a reasonable excuse; and the authorised person considers the person’s conduct an obstruction.\n(sec.532H-ssec.3) In this section— obstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.\n- (a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and\n- (b) the authorised person considers the person’s conduct an obstruction.","sortOrder":947},{"sectionNumber":"sec.532I","sectionType":"section","heading":"Impersonating an authorised person","content":"### sec.532I Impersonating an authorised person\n\nA person must not impersonate an authorised person.\nMaximum penalty—100 penalty units.\ns 532I ins 2013 No. 52 s 94","sortOrder":948},{"sectionNumber":"sec.532J","sectionType":"section","heading":"Giving authorised person false or misleading information","content":"### sec.532J Giving authorised person false or misleading information\n\nA person must not, in relation to the administration of this Act, give an authorised person information, or a document containing information, that the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\ns 532J ins 2013 No. 52 s 94","sortOrder":949},{"sectionNumber":"ch.12-pt.1-div.6","sectionType":"division","heading":"Recovery of costs","content":"## Recovery of costs","sortOrder":950},{"sectionNumber":"sec.532K","sectionType":"section","heading":"Costs of investigation","content":"### sec.532K Costs of investigation\n\nThis section applies if a person is convicted by a court of an offence against this Act.\nThe court may order the person to pay to the Regulator or WorkCover the reasonable costs of any investigation about the offence, including reasonable costs of preparing for the prosecution.\nThis section does not limit the orders for costs the court may make on the conviction.\ns 532K ins 2013 No. 52 s 94\n(sec.532K-ssec.1) This section applies if a person is convicted by a court of an offence against this Act.\n(sec.532K-ssec.2) The court may order the person to pay to the Regulator or WorkCover the reasonable costs of any investigation about the offence, including reasonable costs of preparing for the prosecution.\n(sec.532K-ssec.3) This section does not limit the orders for costs the court may make on the conviction.","sortOrder":951},{"sectionNumber":"ch.12-pt.1A","sectionType":"part","heading":"Special investigations","content":"# Special investigations","sortOrder":952},{"sectionNumber":"sec.532L","sectionType":"section","heading":"Definitions for part","content":"### sec.532L Definitions for part\n\nIn this part—\nassociated person , for an investigated person, means—\nfor an investigated person that is an insurer—an officer of the insurer; or\nfor an investigated person that is a related body corporate for an insurer—an officer of the body corporate; or\nfor an investigated person that is a law practice—\nan associate of the law practice; or\na barrister briefed by the law practice in relation to a claim the Regulator reasonably suspects is connected to a contravention of section 325R (1) or (2) or 325T ; or\nfor an investigated person who is a lawyer—a barrister briefed by the lawyer in relation to a claim the Regulator reasonably suspects is connected to a contravention of section 325R (1) or (2) or 325T .\nclaim means—\nan application for compensation; or\na claim for damages.\ninvestigated person means any of the following—\nan insurer mentioned in section 532N (1) ;\nan entity mentioned in section 532N (2) ;\na body corporate mentioned in section 532P .\ninvestigator means a person appointed under section 532N .\ns 532L ins 2022 No. 13 s 61\n- (a) for an investigated person that is an insurer—an officer of the insurer; or\n- (b) for an investigated person that is a related body corporate for an insurer—an officer of the body corporate; or\n- (c) for an investigated person that is a law practice— (i) an associate of the law practice; or (ii) a barrister briefed by the law practice in relation to a claim the Regulator reasonably suspects is connected to a contravention of section 325R (1) or (2) or 325T ; or\n- (i) an associate of the law practice; or\n- (ii) a barrister briefed by the law practice in relation to a claim the Regulator reasonably suspects is connected to a contravention of section 325R (1) or (2) or 325T ; or\n- (d) for an investigated person who is a lawyer—a barrister briefed by the lawyer in relation to a claim the Regulator reasonably suspects is connected to a contravention of section 325R (1) or (2) or 325T .\n- (i) an associate of the law practice; or\n- (ii) a barrister briefed by the law practice in relation to a claim the Regulator reasonably suspects is connected to a contravention of section 325R (1) or (2) or 325T ; or\n- (a) an application for compensation; or\n- (b) a claim for damages.\n- (a) an insurer mentioned in section 532N (1) ;\n- (b) an entity mentioned in section 532N (2) ;\n- (c) a body corporate mentioned in section 532P .","sortOrder":953},{"sectionNumber":"sec.532M","sectionType":"section","heading":"Reference to document includes reference to reproductions from electronic document","content":"### sec.532M Reference to document includes reference to reproductions from electronic document\n\nA reference in this part to a document includes a reference to an image or writing—\nproduced from an electronic document; or\nnot yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.\ns 532M ins 2022 No. 13 s 61\namd 2023 No. 23 s 247 sch 1 s 42\n- (a) produced from an electronic document; or\n- (b) not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.","sortOrder":954},{"sectionNumber":"sec.532N","sectionType":"section","heading":"Appointment of investigator","content":"### sec.532N Appointment of investigator\n\nIf the Regulator considers it desirable in the public interest, the Regulator may appoint an investigator to investigate the affairs of an insurer.\nSee also section 532P .\nAlso, the Regulator may appoint an investigator to investigate the relevant affairs of either of the following entities—\na law practice or lawyer that is acting or has acted for a claimant;\nan entity prescribed by regulation for this section.\nThe Regulator may appoint an investigator under subsection (2) if the Regulator reasonably suspects that section 325R (1) or (2) or 325T may have been contravened by the investigated person or an associated person for the investigated person.\nThe Regulator may, by written instrument, appoint any of the following persons as an investigator—\nan Australian legal practitioner;\na qualified accountant;\nanother appropriately qualified person.\nThe instrument of appointment must state the terms of appointment and the matters into which the investigation is to be made.\nThe instrument of appointment may state a period within which the investigation must be completed.\nWithout limiting the Acts Interpretation Act 1954 , section 25 , the Regulator may, by written notice given to the investigator—\namend the instrument of appointment; or\nend the appointment.\nIn this section—\nAustralian legal practitioner see the Legal Profession Act 2007 , section 6 .\nqualified accountant means—\na member of CPA Australia Ltd ACN 008 392 452 who is entitled to use the letters ‘CPA’ or ‘FCPA’; or\na member of Chartered Accountants Australia and New Zealand ARBN 084 642 571 who is entitled to use the letters ‘CA’ or ‘FCA’; or\na member of the Institute of Public Accountants Ltd ACN 004 130 643 who is entitled to use the words ‘MIPA’ or ‘FIPA’.\nrelevant affairs , of an investigated person, means matters relating to how the investigated person received or was referred instructions for a claim, and how the investigated person gave or referred instructions for a claim, and includes a transaction involving the investigated person or an associated person for the investigated person relevant to the receipt or referral of instructions.\ns 532N ins 2022 No. 13 s 61\n(sec.532N-ssec.1) If the Regulator considers it desirable in the public interest, the Regulator may appoint an investigator to investigate the affairs of an insurer. See also section 532P .\n(sec.532N-ssec.2) Also, the Regulator may appoint an investigator to investigate the relevant affairs of either of the following entities— a law practice or lawyer that is acting or has acted for a claimant; an entity prescribed by regulation for this section.\n(sec.532N-ssec.3) The Regulator may appoint an investigator under subsection (2) if the Regulator reasonably suspects that section 325R (1) or (2) or 325T may have been contravened by the investigated person or an associated person for the investigated person.\n(sec.532N-ssec.4) The Regulator may, by written instrument, appoint any of the following persons as an investigator— an Australian legal practitioner; a qualified accountant; another appropriately qualified person.\n(sec.532N-ssec.5) The instrument of appointment must state the terms of appointment and the matters into which the investigation is to be made.\n(sec.532N-ssec.6) The instrument of appointment may state a period within which the investigation must be completed.\n(sec.532N-ssec.7) Without limiting the Acts Interpretation Act 1954 , section 25 , the Regulator may, by written notice given to the investigator— amend the instrument of appointment; or end the appointment.\n(sec.532N-ssec.8) In this section— Australian legal practitioner see the Legal Profession Act 2007 , section 6 . qualified accountant means— a member of CPA Australia Ltd ACN 008 392 452 who is entitled to use the letters ‘CPA’ or ‘FCPA’; or a member of Chartered Accountants Australia and New Zealand ARBN 084 642 571 who is entitled to use the letters ‘CA’ or ‘FCA’; or a member of the Institute of Public Accountants Ltd ACN 004 130 643 who is entitled to use the words ‘MIPA’ or ‘FIPA’. relevant affairs , of an investigated person, means matters relating to how the investigated person received or was referred instructions for a claim, and how the investigated person gave or referred instructions for a claim, and includes a transaction involving the investigated person or an associated person for the investigated person relevant to the receipt or referral of instructions.\n- (a) a law practice or lawyer that is acting or has acted for a claimant;\n- (b) an entity prescribed by regulation for this section.\n- (a) an Australian legal practitioner;\n- (b) a qualified accountant;\n- (c) another appropriately qualified person.\n- (a) amend the instrument of appointment; or\n- (b) end the appointment.\n- (a) a member of CPA Australia Ltd ACN 008 392 452 who is entitled to use the letters ‘CPA’ or ‘FCPA’; or\n- (b) a member of Chartered Accountants Australia and New Zealand ARBN 084 642 571 who is entitled to use the letters ‘CA’ or ‘FCA’; or\n- (c) a member of the Institute of Public Accountants Ltd ACN 004 130 643 who is entitled to use the words ‘MIPA’ or ‘FIPA’.","sortOrder":955},{"sectionNumber":"sec.532O","sectionType":"section","heading":"Delegation of powers by investigator","content":"### sec.532O Delegation of powers by investigator\n\nAn investigator may delegate a power under this part other than the power to administer an oath or affirmation or the power to examine on oath or affirmation.\nA delegate must produce the instrument of delegation for inspection on request by an investigated person or an associated person for an investigated person.\ns 532O ins 2022 No. 13 s 61\n(sec.532O-ssec.1) An investigator may delegate a power under this part other than the power to administer an oath or affirmation or the power to examine on oath or affirmation.\n(sec.532O-ssec.2) A delegate must produce the instrument of delegation for inspection on request by an investigated person or an associated person for an investigated person.","sortOrder":956},{"sectionNumber":"sec.532P","sectionType":"section","heading":"Investigation of related body corporate","content":"### sec.532P Investigation of related body corporate\n\nIf an investigator considers it necessary, in investigating the affairs of an insurer, to investigate the affairs of a body corporate that is or has at any relevant time been a related body corporate for the insurer, the investigator may investigate the affairs of the body corporate with the Regulator’s written agreement.\ns 532P ins 2022 No. 13 s 61","sortOrder":957},{"sectionNumber":"sec.532Q","sectionType":"section","heading":"Powers of investigators","content":"### sec.532Q Powers of investigators\n\nAn investigator may, by written notice, require an investigated person or an associated person for an investigated person—\nto produce to the investigator a document that is in the custody or control of the investigated person or associated person; and\nto give the investigator all reasonable help in connection with the investigation.\nAn investigator may, by written notice, require an investigated person, or an associated person for an investigated person, who is an individual to appear before the investigator for examination on oath or affirmation.\nAn investigator may administer an oath or affirmation.\nFor an electronic document, compliance with the requirement requires the giving of a clear image or written version of the electronic document.\ns 532Q ins 2022 No. 13 s 61\namd 2023 No. 23 s 247 sch 1 s 42\n(sec.532Q-ssec.1) An investigator may, by written notice, require an investigated person or an associated person for an investigated person— to produce to the investigator a document that is in the custody or control of the investigated person or associated person; and to give the investigator all reasonable help in connection with the investigation.\n(sec.532Q-ssec.2) An investigator may, by written notice, require an investigated person, or an associated person for an investigated person, who is an individual to appear before the investigator for examination on oath or affirmation.\n(sec.532Q-ssec.3) An investigator may administer an oath or affirmation.\n(sec.532Q-ssec.4) For an electronic document, compliance with the requirement requires the giving of a clear image or written version of the electronic document.\n- (a) to produce to the investigator a document that is in the custody or control of the investigated person or associated person; and\n- (b) to give the investigator all reasonable help in connection with the investigation.","sortOrder":958},{"sectionNumber":"sec.532R","sectionType":"section","heading":"Documents produced to investigator","content":"### sec.532R Documents produced to investigator\n\nIf a document is produced to an investigator under this part, the investigator may keep the document for the period that the investigator reasonably considers necessary for the investigation.\nThe investigator must allow a person who would be entitled to inspect the document if it were not being kept by the investigator to inspect the document at all reasonable times.\nThe investigator must allow an owner of the document to copy it.\ns 532R ins 2022 No. 13 s 61\n(sec.532R-ssec.1) If a document is produced to an investigator under this part, the investigator may keep the document for the period that the investigator reasonably considers necessary for the investigation.\n(sec.532R-ssec.2) The investigator must allow a person who would be entitled to inspect the document if it were not being kept by the investigator to inspect the document at all reasonable times.\n(sec.532R-ssec.3) The investigator must allow an owner of the document to copy it.","sortOrder":959},{"sectionNumber":"sec.532S","sectionType":"section","heading":"Examination of investigated person or associated person","content":"### sec.532S Examination of investigated person or associated person\n\nAn investigated person or associated person for an investigated person must not—\nfail to comply with a lawful requirement (a relevant requirement ) of an investigator to the extent the person is able to comply with it; or\nin purported compliance with a relevant requirement, give information to an investigator knowing it to be false or misleading in a material particular; or\nwhen appearing before an investigator for examination under a relevant requirement—\nstate anything knowing it is false or misleading in a material particular; or\nfail to be sworn or to make an affirmation.\nMaximum penalty—300 penalty units or 2 years imprisonment.\nSubsection (1) does not apply to a person if the person, when giving information in a document—\ntells the investigator, to the best of the person’s ability, how the information is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information to the investigator.\nA person who complies with a relevant requirement of an investigator under this section does not merely because of the compliance—\ncontravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy; or\nincur any civil liability.\nA person required to attend for examination under this part is entitled to the allowances and expenses prescribed by regulation.\ns 532S ins 2022 No. 13 s 61\n(sec.532S-ssec.1) An investigated person or associated person for an investigated person must not— fail to comply with a lawful requirement (a relevant requirement ) of an investigator to the extent the person is able to comply with it; or in purported compliance with a relevant requirement, give information to an investigator knowing it to be false or misleading in a material particular; or when appearing before an investigator for examination under a relevant requirement— state anything knowing it is false or misleading in a material particular; or fail to be sworn or to make an affirmation. Maximum penalty—300 penalty units or 2 years imprisonment.\n(sec.532S-ssec.2) Subsection (1) does not apply to a person if the person, when giving information in a document— tells the investigator, to the best of the person’s ability, how the information is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information to the investigator.\n(sec.532S-ssec.3) A person who complies with a relevant requirement of an investigator under this section does not merely because of the compliance— contravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy; or incur any civil liability.\n(sec.532S-ssec.4) A person required to attend for examination under this part is entitled to the allowances and expenses prescribed by regulation.\n- (a) fail to comply with a lawful requirement (a relevant requirement ) of an investigator to the extent the person is able to comply with it; or\n- (b) in purported compliance with a relevant requirement, give information to an investigator knowing it to be false or misleading in a material particular; or\n- (c) when appearing before an investigator for examination under a relevant requirement— (i) state anything knowing it is false or misleading in a material particular; or (ii) fail to be sworn or to make an affirmation.\n- (i) state anything knowing it is false or misleading in a material particular; or\n- (ii) fail to be sworn or to make an affirmation.\n- (i) state anything knowing it is false or misleading in a material particular; or\n- (ii) fail to be sworn or to make an affirmation.\n- (a) tells the investigator, to the best of the person’s ability, how the information is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information to the investigator.\n- (a) contravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy; or\n- (b) incur any civil liability.","sortOrder":960},{"sectionNumber":"sec.532T","sectionType":"section","heading":"Self-incrimination and legal professional privilege","content":"### sec.532T Self-incrimination and legal professional privilege\n\nThis section applies to a person who is an investigated person or an associated person for an investigated person if the person is required to answer a question put to the person by, or produce a document to, an investigator.\nThe person is not excused from failure to comply with the requirement on the basis that complying—\nmight tend to incriminate the person or expose the person to a penalty; or\nfor an investigated person mentioned in section 532N (2) or an associated person for an investigated person mentioned in section 532N (2) , would disclose a privileged client communication.\nThe investigator must inform the person, in a way that is reasonable in the circumstances, that—\nthe person must comply with the requirement even though complying—\nmight tend to incriminate the person or expose the person to a penalty; or\nwould disclose a privileged client communication; and\nif the person is an individual—under section 532ZA , there is a limited immunity against the future use of the information or document given in compliance with the requirement.\nIf the person is an individual and the individual fails to comply with the requirement when the investigator has failed to comply with subsection (3) , the individual may not be convicted of the offence against section 532S (1) .\nIf, in complying with a requirement made under section 532S , the person discloses a privileged client communication—\nthe person is taken for all purposes not to have breached legal professional privilege in complying with the requirement; and\nthe disclosure does not constitute a waiver of legal professional privilege or otherwise affect any claim of legal professional privilege for any purpose other than a proceeding for an offence against chapter 6B , part 2 or section 325P , 325R (1) or (2) or 325T .\nIn this section—\nprivileged client communication means communication protected against disclosure by legal professional privilege that operates for the benefit of a client of an investigated person.\ns 532T ins 2022 No. 13 s 61\n(sec.532T-ssec.1) This section applies to a person who is an investigated person or an associated person for an investigated person if the person is required to answer a question put to the person by, or produce a document to, an investigator.\n(sec.532T-ssec.2) The person is not excused from failure to comply with the requirement on the basis that complying— might tend to incriminate the person or expose the person to a penalty; or for an investigated person mentioned in section 532N (2) or an associated person for an investigated person mentioned in section 532N (2) , would disclose a privileged client communication.\n(sec.532T-ssec.3) The investigator must inform the person, in a way that is reasonable in the circumstances, that— the person must comply with the requirement even though complying— might tend to incriminate the person or expose the person to a penalty; or would disclose a privileged client communication; and if the person is an individual—under section 532ZA , there is a limited immunity against the future use of the information or document given in compliance with the requirement.\n(sec.532T-ssec.4) If the person is an individual and the individual fails to comply with the requirement when the investigator has failed to comply with subsection (3) , the individual may not be convicted of the offence against section 532S (1) .\n(sec.532T-ssec.5) If, in complying with a requirement made under section 532S , the person discloses a privileged client communication— the person is taken for all purposes not to have breached legal professional privilege in complying with the requirement; and the disclosure does not constitute a waiver of legal professional privilege or otherwise affect any claim of legal professional privilege for any purpose other than a proceeding for an offence against chapter 6B , part 2 or section 325P , 325R (1) or (2) or 325T .\n(sec.532T-ssec.6) In this section— privileged client communication means communication protected against disclosure by legal professional privilege that operates for the benefit of a client of an investigated person.\n- (a) might tend to incriminate the person or expose the person to a penalty; or\n- (b) for an investigated person mentioned in section 532N (2) or an associated person for an investigated person mentioned in section 532N (2) , would disclose a privileged client communication.\n- (a) the person must comply with the requirement even though complying— (i) might tend to incriminate the person or expose the person to a penalty; or (ii) would disclose a privileged client communication; and\n- (i) might tend to incriminate the person or expose the person to a penalty; or\n- (ii) would disclose a privileged client communication; and\n- (b) if the person is an individual—under section 532ZA , there is a limited immunity against the future use of the information or document given in compliance with the requirement.\n- (i) might tend to incriminate the person or expose the person to a penalty; or\n- (ii) would disclose a privileged client communication; and\n- (a) the person is taken for all purposes not to have breached legal professional privilege in complying with the requirement; and\n- (b) the disclosure does not constitute a waiver of legal professional privilege or otherwise affect any claim of legal professional privilege for any purpose other than a proceeding for an offence against chapter 6B , part 2 or section 325P , 325R (1) or (2) or 325T .","sortOrder":961},{"sectionNumber":"sec.532U","sectionType":"section","heading":"Failure of person to comply with requirement of investigator","content":"### sec.532U Failure of person to comply with requirement of investigator\n\nIf an investigated person or associated person for an investigated person fails to comply with a requirement of an investigator, the investigator may give the Supreme Court a certificate about the failure to comply.\nIf an investigator gives a certificate under subsection (1) , the court may inquire into the case and may order the person to comply with the requirements of the investigator within a period fixed by the court.\ns 532U ins 2022 No. 13 s 61\n(sec.532U-ssec.1) If an investigated person or associated person for an investigated person fails to comply with a requirement of an investigator, the investigator may give the Supreme Court a certificate about the failure to comply.\n(sec.532U-ssec.2) If an investigator gives a certificate under subsection (1) , the court may inquire into the case and may order the person to comply with the requirements of the investigator within a period fixed by the court.","sortOrder":962},{"sectionNumber":"sec.532V","sectionType":"section","heading":"Recording of examination","content":"### sec.532V Recording of examination\n\nAn investigator must make a record of the questions asked and the answers given at an examination under this chapter.\nSubject to section 532ZA , a record of the examination of a person under this part may be used in evidence in a legal proceeding against the person.\nThe investigator must, on the written request of the person, give a copy of the record of the examination to the person without fee.\nThe record must be included with the investigator’s final report on the investigation.\nNothing in this section affects or limits the admissibility of other written or oral evidence.\ns 532V ins 2022 No. 13 s 61\n(sec.532V-ssec.1) An investigator must make a record of the questions asked and the answers given at an examination under this chapter.\n(sec.532V-ssec.2) Subject to section 532ZA , a record of the examination of a person under this part may be used in evidence in a legal proceeding against the person.\n(sec.532V-ssec.3) The investigator must, on the written request of the person, give a copy of the record of the examination to the person without fee.\n(sec.532V-ssec.4) The record must be included with the investigator’s final report on the investigation.\n(sec.532V-ssec.5) Nothing in this section affects or limits the admissibility of other written or oral evidence.","sortOrder":963},{"sectionNumber":"sec.532W","sectionType":"section","heading":"Report of investigator","content":"### sec.532W Report of investigator\n\nAn investigator may, and if directed by the Regulator must, make interim reports about a special investigation to the Regulator.\nOn the completion or termination of the investigation, the investigator must report to the Regulator the investigator’s opinion on the matters under investigation, together with the facts on which the opinion is based.\nA copy of a final report must, and a copy of the whole or part of an interim report may, be given by the Regulator to the investigated person that is the subject of the report.\nHowever, the Regulator is not bound to give an investigated person a copy of a report, or a part of the report, if the Regulator considers it would not be appropriate to disclose the report, or part of the report, to the person that is the subject of the report.\nThe Regulator may publish on its website and any other place the Regulator considers appropriate the whole or a part of a report only if—\nthe investigated person the subject of the report is convicted of an offence against chapter 6B ; and\nthe Regulator considers publishing the report or part of the report is in the public interest.\nIf a report given to the Regulator is accompanied by a record of an examination made under section 532V , the Regulator may give a copy of the record to any person, and on the conditions, the Regulator considers appropriate.\ns 532W ins 2022 No. 13 s 61\n(sec.532W-ssec.1) An investigator may, and if directed by the Regulator must, make interim reports about a special investigation to the Regulator.\n(sec.532W-ssec.2) On the completion or termination of the investigation, the investigator must report to the Regulator the investigator’s opinion on the matters under investigation, together with the facts on which the opinion is based.\n(sec.532W-ssec.3) A copy of a final report must, and a copy of the whole or part of an interim report may, be given by the Regulator to the investigated person that is the subject of the report.\n(sec.532W-ssec.4) However, the Regulator is not bound to give an investigated person a copy of a report, or a part of the report, if the Regulator considers it would not be appropriate to disclose the report, or part of the report, to the person that is the subject of the report.\n(sec.532W-ssec.5) The Regulator may publish on its website and any other place the Regulator considers appropriate the whole or a part of a report only if— the investigated person the subject of the report is convicted of an offence against chapter 6B ; and the Regulator considers publishing the report or part of the report is in the public interest.\n(sec.532W-ssec.6) If a report given to the Regulator is accompanied by a record of an examination made under section 532V , the Regulator may give a copy of the record to any person, and on the conditions, the Regulator considers appropriate.\n- (a) the investigated person the subject of the report is convicted of an offence against chapter 6B ; and\n- (b) the Regulator considers publishing the report or part of the report is in the public interest.","sortOrder":964},{"sectionNumber":"sec.532X","sectionType":"section","heading":"Documents taken during investigation","content":"### sec.532X Documents taken during investigation\n\nOn the completion or termination of an investigation, an investigator must give the Regulator any documents the investigator has taken possession of under this part.\nThe Regulator may—\nkeep the documents for the period the Regulator reasonably considers necessary to enable a decision to be made about whether or not a legal proceeding ought to be started in relation to the investigation; and\nkeep the documents for any further period the Regulator considers necessary to enable a legal proceeding to be started or continued.\nThe Regulator may, during the period the documents are kept by the Regulator—\nallow a person to inspect the documents; and\nallow the use of the documents for a legal proceeding started because of the investigation.\nThe Regulator must allow a person who would be entitled to inspect a document if it were not being kept by the Regulator to inspect the document at all reasonable times.\ns 532X ins 2022 No. 13 s 61\n(sec.532X-ssec.1) On the completion or termination of an investigation, an investigator must give the Regulator any documents the investigator has taken possession of under this part.\n(sec.532X-ssec.2) The Regulator may— keep the documents for the period the Regulator reasonably considers necessary to enable a decision to be made about whether or not a legal proceeding ought to be started in relation to the investigation; and keep the documents for any further period the Regulator considers necessary to enable a legal proceeding to be started or continued.\n(sec.532X-ssec.3) The Regulator may, during the period the documents are kept by the Regulator— allow a person to inspect the documents; and allow the use of the documents for a legal proceeding started because of the investigation.\n(sec.532X-ssec.4) The Regulator must allow a person who would be entitled to inspect a document if it were not being kept by the Regulator to inspect the document at all reasonable times.\n- (a) keep the documents for the period the Regulator reasonably considers necessary to enable a decision to be made about whether or not a legal proceeding ought to be started in relation to the investigation; and\n- (b) keep the documents for any further period the Regulator considers necessary to enable a legal proceeding to be started or continued.\n- (a) allow a person to inspect the documents; and\n- (b) allow the use of the documents for a legal proceeding started because of the investigation.","sortOrder":965},{"sectionNumber":"sec.532Y","sectionType":"section","heading":"Costs of investigation","content":"### sec.532Y Costs of investigation\n\nThis section applies if an investigated person is convicted of an offence against section 325R (1) or (2) or 325T .\nThe Regulator may recover the costs of and incidental to an investigation under this chapter from the investigated person.\ns 532Y ins 2022 No. 13 s 61\n(sec.532Y-ssec.1) This section applies if an investigated person is convicted of an offence against section 325R (1) or (2) or 325T .\n(sec.532Y-ssec.2) The Regulator may recover the costs of and incidental to an investigation under this chapter from the investigated person.","sortOrder":966},{"sectionNumber":"sec.532Z","sectionType":"section","heading":"Other offences about investigations","content":"### sec.532Z Other offences about investigations\n\nA person must not—\nconceal, destroy, mutilate or alter a document of or about an investigated person or associated person for an investigated person; or\nsend, cause to be sent or conspire with someone else to send out of the State a document mentioned in paragraph (a) or any property belonging to or under the control of the investigated person or associated person for the investigated person.\nMaximum penalty—300 penalty units or 2 years imprisonment.\nIt is a defence to a prosecution of an offence against subsection (1) for the defendant to prove that the defendant did not act with intent to defeat the purposes of this part or to delay or obstruct the carrying out of an investigation under this part.\ns 532Z ins 2022 No. 13 s 61\n(sec.532Z-ssec.1) A person must not— conceal, destroy, mutilate or alter a document of or about an investigated person or associated person for an investigated person; or send, cause to be sent or conspire with someone else to send out of the State a document mentioned in paragraph (a) or any property belonging to or under the control of the investigated person or associated person for the investigated person. Maximum penalty—300 penalty units or 2 years imprisonment.\n(sec.532Z-ssec.2) It is a defence to a prosecution of an offence against subsection (1) for the defendant to prove that the defendant did not act with intent to defeat the purposes of this part or to delay or obstruct the carrying out of an investigation under this part.\n- (a) conceal, destroy, mutilate or alter a document of or about an investigated person or associated person for an investigated person; or\n- (b) send, cause to be sent or conspire with someone else to send out of the State a document mentioned in paragraph (a) or any property belonging to or under the control of the investigated person or associated person for the investigated person.","sortOrder":967},{"sectionNumber":"sec.532ZA","sectionType":"section","heading":"Evidential immunity for individuals complying with particular requirements","content":"### sec.532ZA Evidential immunity for individuals complying with particular requirements\n\nThis section applies if an individual gives or produces information or a document to an investigator under section 532Q .\nEvidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.\nHowever, this section does not apply to—\na proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence; or\na proceeding for an offence against chapter 6B , part 2 or section 325P , 325R (1) or (2) or 325T .\ns 532ZA ins 2022 No. 13 s 61\n(sec.532ZA-ssec.1) This section applies if an individual gives or produces information or a document to an investigator under section 532Q .\n(sec.532ZA-ssec.2) Evidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.\n(sec.532ZA-ssec.3) However, this section does not apply to— a proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence; or a proceeding for an offence against chapter 6B , part 2 or section 325P , 325R (1) or (2) or 325T .\n- (a) a proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence; or\n- (b) a proceeding for an offence against chapter 6B , part 2 or section 325P , 325R (1) or (2) or 325T .","sortOrder":968},{"sectionNumber":"sec.532ZB","sectionType":"section","heading":"Extraterritorial application of part","content":"### sec.532ZB Extraterritorial application of part\n\nThis part applies both within and outside Queensland to the extent necessary for any investigation of—\na contravention of chapter 6B , part 2 or section 325P , 325R (1) or (2) or 325T ; or\nthe affairs of an investigated person under section 532N (2) .\nFor subsection (1) , this part applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.\ns 532ZB ins 2022 No. 13 s 61\n(sec.532ZB-ssec.1) This part applies both within and outside Queensland to the extent necessary for any investigation of— a contravention of chapter 6B , part 2 or section 325P , 325R (1) or (2) or 325T ; or the affairs of an investigated person under section 532N (2) .\n(sec.532ZB-ssec.2) For subsection (1) , this part applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.\n- (a) a contravention of chapter 6B , part 2 or section 325P , 325R (1) or (2) or 325T ; or\n- (b) the affairs of an investigated person under section 532N (2) .","sortOrder":969},{"sectionNumber":"sec.532ZC","sectionType":"section","heading":"Confidentiality of information","content":"### sec.532ZC Confidentiality of information\n\nAn investigator must not, whether directly or indirectly, disclose confidential information.\nMaximum penalty—100 penalty units.\nHowever, subsection (1) does not apply if—\nthe confidential information is disclosed—\nin the performance of functions under this part; or\nwith the written consent of the person to whom the information relates; or\nto the person to whom the information relates; or\nin a form that could not identify any person; or\nthe disclosure of the confidential information is authorised under an Act or another law.\nIn this section—\nconfidential information means information that has become known to an investigator in the course of performing the investigator’s functions for this part.\ns 532ZC ins 2022 No. 13 s 61\n(sec.532ZC-ssec.1) An investigator must not, whether directly or indirectly, disclose confidential information. Maximum penalty—100 penalty units.\n(sec.532ZC-ssec.2) However, subsection (1) does not apply if— the confidential information is disclosed— in the performance of functions under this part; or with the written consent of the person to whom the information relates; or to the person to whom the information relates; or in a form that could not identify any person; or the disclosure of the confidential information is authorised under an Act or another law.\n(sec.532ZC-ssec.3) In this section— confidential information means information that has become known to an investigator in the course of performing the investigator’s functions for this part.\n- (a) the confidential information is disclosed— (i) in the performance of functions under this part; or (ii) with the written consent of the person to whom the information relates; or (iii) to the person to whom the information relates; or (iv) in a form that could not identify any person; or\n- (i) in the performance of functions under this part; or\n- (ii) with the written consent of the person to whom the information relates; or\n- (iii) to the person to whom the information relates; or\n- (iv) in a form that could not identify any person; or\n- (b) the disclosure of the confidential information is authorised under an Act or another law.\n- (i) in the performance of functions under this part; or\n- (ii) with the written consent of the person to whom the information relates; or\n- (iii) to the person to whom the information relates; or\n- (iv) in a form that could not identify any person; or","sortOrder":970},{"sectionNumber":"ch.12-pt.2","sectionType":"part","heading":"Fraud and false and misleading statements","content":"# Fraud and false and misleading statements","sortOrder":971},{"sectionNumber":"sec.533","sectionType":"section","heading":"Offences involving fraud","content":"### sec.533 Offences involving fraud\n\nA person must not in any way defraud or attempt to defraud an insurer.\nMaximum penalty—500 penalty units or 5 years imprisonment.\nIf conduct that constitutes an offence defined in subsection (1) is recurrent so that, but for this subsection, each instance of the conduct would constitute a separate offence, 2 or more instances of the conduct are to be taken to constitute but 1 offence committed over a period specified in the complaint laid in relation to the conduct, and may be charged and be dealt with on 1 complaint.\ns 533 amd 2013 No. 52 s 95\n(sec.533-ssec.1) A person must not in any way defraud or attempt to defraud an insurer. Maximum penalty—500 penalty units or 5 years imprisonment.\n(sec.533-ssec.2) If conduct that constitutes an offence defined in subsection (1) is recurrent so that, but for this subsection, each instance of the conduct would constitute a separate offence, 2 or more instances of the conduct are to be taken to constitute but 1 offence committed over a period specified in the complaint laid in relation to the conduct, and may be charged and be dealt with on 1 complaint.","sortOrder":972},{"sectionNumber":"sec.534","sectionType":"section","heading":"False or misleading information or documents","content":"### sec.534 False or misleading information or documents\n\nThis section applies to a statement made or document given—\nto the Regulator or WorkCover for the purpose of its functions under this Act; or\nto an entity or person as a self-insurer; or\nto a registered person for the purpose of an application for compensation or a claim for damages.\nA person must not state anything to the Regulator, WorkCover, a self-insurer or a registered person the person knows is false or misleading in a material particular.\nMaximum penalty—150 penalty units or 1 year’s imprisonment.\nA person must not give the Regulator, WorkCover, a self-insurer or a registered person a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—150 penalty units or 1 year’s imprisonment.\nSubsection (3) does not apply to a person who, when giving the document—\ninforms the Regulator, WorkCover, the self-insurer or the registered person, to the best of the person’s ability, how it is false or misleading; and\ngives the correct information to the Regulator, WorkCover, the self-insurer or the registered person, if the person has, or can reasonably obtain, the correct information.\nIt is enough for a complaint against a person for an offence against subsection (2) or (3) to state the information or document was false or misleading to the person’s knowledge, without specifying which.\ns 534 amd 2013 No. 52 s 114 sch 2\n(sec.534-ssec.1) This section applies to a statement made or document given— to the Regulator or WorkCover for the purpose of its functions under this Act; or to an entity or person as a self-insurer; or to a registered person for the purpose of an application for compensation or a claim for damages.\n(sec.534-ssec.2) A person must not state anything to the Regulator, WorkCover, a self-insurer or a registered person the person knows is false or misleading in a material particular. Maximum penalty—150 penalty units or 1 year’s imprisonment.\n(sec.534-ssec.3) A person must not give the Regulator, WorkCover, a self-insurer or a registered person a document containing information the person knows is false or misleading in a material particular. Maximum penalty—150 penalty units or 1 year’s imprisonment.\n(sec.534-ssec.4) Subsection (3) does not apply to a person who, when giving the document— informs the Regulator, WorkCover, the self-insurer or the registered person, to the best of the person’s ability, how it is false or misleading; and gives the correct information to the Regulator, WorkCover, the self-insurer or the registered person, if the person has, or can reasonably obtain, the correct information.\n(sec.534-ssec.5) It is enough for a complaint against a person for an offence against subsection (2) or (3) to state the information or document was false or misleading to the person’s knowledge, without specifying which.\n- (a) to the Regulator or WorkCover for the purpose of its functions under this Act; or\n- (b) to an entity or person as a self-insurer; or\n- (c) to a registered person for the purpose of an application for compensation or a claim for damages.\n- (a) informs the Regulator, WorkCover, the self-insurer or the registered person, to the best of the person’s ability, how it is false or misleading; and\n- (b) gives the correct information to the Regulator, WorkCover, the self-insurer or the registered person, if the person has, or can reasonably obtain, the correct information.","sortOrder":973},{"sectionNumber":"sec.535","sectionType":"section","heading":"Particular acts taken to be fraud","content":"### sec.535 Particular acts taken to be fraud\n\nThis section applies if a person—\nlodges an application for compensation with an insurer; and\nengages in a calling; and\nwithout reasonable excuse, does not inform the insurer, in the way stated under section 136 , of the person’s engagement in the calling.\nIf compensation is paid by the insurer under the application to the person or anyone else—\nafter the start of the engagement in the calling; and\nbefore the insurer is informed in the way stated under section 136 of the engagement in the calling;\nthe person is taken to have defrauded the insurer of the payments under section 533 .\nIf payments to which subsection (2) applies are not made, the person is taken to have attempted to defraud the insurer under section 533 .\n(sec.535-ssec.1) This section applies if a person— lodges an application for compensation with an insurer; and engages in a calling; and without reasonable excuse, does not inform the insurer, in the way stated under section 136 , of the person’s engagement in the calling.\n(sec.535-ssec.2) If compensation is paid by the insurer under the application to the person or anyone else— after the start of the engagement in the calling; and before the insurer is informed in the way stated under section 136 of the engagement in the calling; the person is taken to have defrauded the insurer of the payments under section 533 .\n(sec.535-ssec.3) If payments to which subsection (2) applies are not made, the person is taken to have attempted to defraud the insurer under section 533 .\n- (a) lodges an application for compensation with an insurer; and\n- (b) engages in a calling; and\n- (c) without reasonable excuse, does not inform the insurer, in the way stated under section 136 , of the person’s engagement in the calling.\n- (a) after the start of the engagement in the calling; and\n- (b) before the insurer is informed in the way stated under section 136 of the engagement in the calling;","sortOrder":974},{"sectionNumber":"sec.536","sectionType":"section","heading":null,"content":"### Section sec.536\n\ns 536 amd 2013 No. 52 s 96 ; 2016 No. 44 s 41\nom 2024 No. 40 s 52","sortOrder":975},{"sectionNumber":"sec.537","sectionType":"section","heading":"Fraud and related offences end entitlement to compensation and damages","content":"### sec.537 Fraud and related offences end entitlement to compensation and damages\n\nThis section applies if a person is convicted of any of the following offences committed against an insurer in relation to an application for compensation or a claim for damages—\nan offence under section 533 ;\nan offence or an attempt to commit an offence under the Criminal Code , section 123 , 408C or 488 .\nAny entitlement the person may have to compensation or damages for the injury, and any existing claim for compensation or damages, ends.\nIf, in the proceeding for the offence, the prosecution proves the person obtained payment of compensation or damages by the insurer, by conduct that is the offence, then, whether or not a penalty is imposed, the court must, on application by the insurer, order the person to repay the insurer all amounts of compensation or damages paid to or on account of the person as a result of the commission of the offence.\nThe Regulator may represent WorkCover or the self-insurer for subsection (3) .\nAn order made by a court under subsection (3) may be enforced as if it were an order made by a court in civil proceedings for a debt.\nAny costs incurred by an insurer in relation to a proceeding for damages to which subsection (3) applies are to be recovered on a solicitor and own client basis from the person convicted under section 533 .\nSubsection (2) does not apply to a person only because the person is taken under section 535 to have—\nattempted to defraud an insurer; or\ndefrauded an insurer of an amount not more than the equivalent of 1 week of the person’s normal weekly earnings.\ns 537 amd 2008 No. 55 s 150 sch ; 2013 No. 52 s 97\n(sec.537-ssec.1) This section applies if a person is convicted of any of the following offences committed against an insurer in relation to an application for compensation or a claim for damages— an offence under section 533 ; an offence or an attempt to commit an offence under the Criminal Code , section 123 , 408C or 488 .\n(sec.537-ssec.2) Any entitlement the person may have to compensation or damages for the injury, and any existing claim for compensation or damages, ends.\n(sec.537-ssec.3) If, in the proceeding for the offence, the prosecution proves the person obtained payment of compensation or damages by the insurer, by conduct that is the offence, then, whether or not a penalty is imposed, the court must, on application by the insurer, order the person to repay the insurer all amounts of compensation or damages paid to or on account of the person as a result of the commission of the offence.\n(sec.537-ssec.4) The Regulator may represent WorkCover or the self-insurer for subsection (3) .\n(sec.537-ssec.5) An order made by a court under subsection (3) may be enforced as if it were an order made by a court in civil proceedings for a debt.\n(sec.537-ssec.6) Any costs incurred by an insurer in relation to a proceeding for damages to which subsection (3) applies are to be recovered on a solicitor and own client basis from the person convicted under section 533 .\n(sec.537-ssec.7) Subsection (2) does not apply to a person only because the person is taken under section 535 to have— attempted to defraud an insurer; or defrauded an insurer of an amount not more than the equivalent of 1 week of the person’s normal weekly earnings.\n- (a) an offence under section 533 ;\n- (b) an offence or an attempt to commit an offence under the Criminal Code , section 123 , 408C or 488 .\n- (a) attempted to defraud an insurer; or\n- (b) defrauded an insurer of an amount not more than the equivalent of 1 week of the person’s normal weekly earnings.","sortOrder":976},{"sectionNumber":"ch.12-pt.3","sectionType":"part","heading":"Duty to report","content":"# Duty to report","sortOrder":977},{"sectionNumber":"sec.537A","sectionType":"section","heading":"Duty to report","content":"### sec.537A Duty to report\n\nWorkCover or a self-insurer must—\ninform the Regulator if WorkCover or the self-insurer forms a reasonable belief that a category 1 offence is being or has been committed; and\ngive the Regulator the information WorkCover or the self-insurer has about the grounds for the belief.\nMaximum penalty—50 penalty units.\nAn employer who is not a self-insurer must—\ninform WorkCover if the employer forms a reasonable belief that a category 2 offence is being or has been committed; and\ngive WorkCover the information the employer has about the grounds for the belief.\nMaximum penalty—50 penalty units.\nA regulation may prescribe how and when information must be given to the Regulator or WorkCover for the purposes of subsection (1) or (2) .\nSubject to a regulation made for subsection (3) , the information must be given to the Regulator or WorkCover without delay.\nIn this section—\ncategory 1 offence means—\nan offence against any of the following—\nchapter 6B , part 2 ;\nsection 325P ;\nsection 325R ;\nsection 325T ;\nsection 533 ;\nsection 534 ; or\nan offence prescribed by regulation to be a category 1 offence.\ncategory 2 offence means—\nan offence against—\nsection 533 ; or\nsection 534 ; or\nan offence prescribed by regulation to be a category 2 offence.\ns 537A ins 2024 No. 40 s 53\n(sec.537A-ssec.1) WorkCover or a self-insurer must— inform the Regulator if WorkCover or the self-insurer forms a reasonable belief that a category 1 offence is being or has been committed; and give the Regulator the information WorkCover or the self-insurer has about the grounds for the belief. Maximum penalty—50 penalty units.\n(sec.537A-ssec.2) An employer who is not a self-insurer must— inform WorkCover if the employer forms a reasonable belief that a category 2 offence is being or has been committed; and give WorkCover the information the employer has about the grounds for the belief. Maximum penalty—50 penalty units.\n(sec.537A-ssec.3) A regulation may prescribe how and when information must be given to the Regulator or WorkCover for the purposes of subsection (1) or (2) .\n(sec.537A-ssec.4) Subject to a regulation made for subsection (3) , the information must be given to the Regulator or WorkCover without delay.\n(sec.537A-ssec.5) In this section— category 1 offence means— an offence against any of the following— chapter 6B , part 2 ; section 325P ; section 325R ; section 325T ; section 533 ; section 534 ; or an offence prescribed by regulation to be a category 1 offence. category 2 offence means— an offence against— section 533 ; or section 534 ; or an offence prescribed by regulation to be a category 2 offence.\n- (a) inform the Regulator if WorkCover or the self-insurer forms a reasonable belief that a category 1 offence is being or has been committed; and\n- (b) give the Regulator the information WorkCover or the self-insurer has about the grounds for the belief.\n- (a) inform WorkCover if the employer forms a reasonable belief that a category 2 offence is being or has been committed; and\n- (b) give WorkCover the information the employer has about the grounds for the belief.\n- (a) an offence against any of the following— (i) chapter 6B , part 2 ; (ii) section 325P ; (iii) section 325R ; (iv) section 325T ; (v) section 533 ; (vi) section 534 ; or\n- (i) chapter 6B , part 2 ;\n- (ii) section 325P ;\n- (iii) section 325R ;\n- (iv) section 325T ;\n- (v) section 533 ;\n- (vi) section 534 ; or\n- (b) an offence prescribed by regulation to be a category 1 offence.\n- (i) chapter 6B , part 2 ;\n- (ii) section 325P ;\n- (iii) section 325R ;\n- (iv) section 325T ;\n- (v) section 533 ;\n- (vi) section 534 ; or\n- (a) an offence against— (i) section 533 ; or (ii) section 534 ; or\n- (i) section 533 ; or\n- (ii) section 534 ; or\n- (b) an offence prescribed by regulation to be a category 2 offence.\n- (i) section 533 ; or\n- (ii) section 534 ; or","sortOrder":978},{"sectionNumber":"sec.537B","sectionType":"section","heading":"Protection from reprisal","content":"### sec.537B Protection from reprisal\n\nA person must not cause, or attempt or conspire to cause, detriment to another person for either of the following reasons—\nthe other person has made, or intends to make, an enforcement disclosure;\nthe person believes the other person has made, or intends to make, an enforcement disclosure.\nMaximum penalty—300 penalty units.\nFor subsection (1) —\nan attempt to cause detriment includes an attempt to induce a person to cause detriment; and\nthe reason need not be the only or main reason for causing the detriment but must be a substantial reason.\nThe Public Interest Disclosure Act 2010 , chapter 4 (except section 41 ) applies in relation to an enforcement disclosure as if—\nthe enforcement disclosure were a public interest disclosure; and\nthe contravention of this section relating to the enforcement disclosure were the taking of a reprisal under that Act; and\nthe reference in section 43 of that Act to a contravention of section 40 of that Act were a reference to the contravention of this section; and\nthe provisions were subject to any other modifications prescribed by regulation for the purposes of this subsection.\nIn this section—\nenforcement disclosure means—\ngiving information to the Regulator or WorkCover under section 537A ; or\ngiving assistance or further information to the Regulator or WorkCover in relation to information given under section 537A .\ns 537B ins 2024 No. 40 s 53\n(sec.537B-ssec.1) A person must not cause, or attempt or conspire to cause, detriment to another person for either of the following reasons— the other person has made, or intends to make, an enforcement disclosure; the person believes the other person has made, or intends to make, an enforcement disclosure. Maximum penalty—300 penalty units.\n(sec.537B-ssec.2) For subsection (1) — an attempt to cause detriment includes an attempt to induce a person to cause detriment; and the reason need not be the only or main reason for causing the detriment but must be a substantial reason.\n(sec.537B-ssec.3) The Public Interest Disclosure Act 2010 , chapter 4 (except section 41 ) applies in relation to an enforcement disclosure as if— the enforcement disclosure were a public interest disclosure; and the contravention of this section relating to the enforcement disclosure were the taking of a reprisal under that Act; and the reference in section 43 of that Act to a contravention of section 40 of that Act were a reference to the contravention of this section; and the provisions were subject to any other modifications prescribed by regulation for the purposes of this subsection.\n(sec.537B-ssec.4) In this section— enforcement disclosure means— giving information to the Regulator or WorkCover under section 537A ; or giving assistance or further information to the Regulator or WorkCover in relation to information given under section 537A .\n- (a) the other person has made, or intends to make, an enforcement disclosure;\n- (b) the person believes the other person has made, or intends to make, an enforcement disclosure.\n- (a) an attempt to cause detriment includes an attempt to induce a person to cause detriment; and\n- (b) the reason need not be the only or main reason for causing the detriment but must be a substantial reason.\n- (a) the enforcement disclosure were a public interest disclosure; and\n- (b) the contravention of this section relating to the enforcement disclosure were the taking of a reprisal under that Act; and\n- (c) the reference in section 43 of that Act to a contravention of section 40 of that Act were a reference to the contravention of this section; and\n- (d) the provisions were subject to any other modifications prescribed by regulation for the purposes of this subsection.\n- (a) giving information to the Regulator or WorkCover under section 537A ; or\n- (b) giving assistance or further information to the Regulator or WorkCover in relation to information given under section 537A .","sortOrder":979},{"sectionNumber":"ch.12-pt.4","sectionType":"part","heading":"Compliance notices","content":"# Compliance notices","sortOrder":980},{"sectionNumber":"sec.537C","sectionType":"section","heading":"Compliance notice","content":"### sec.537C Compliance notice\n\nAn authorised person appointed by the Regulator may give a person a written notice (a compliance notice ) requiring the person to take stated action, or to refrain from taking stated action, to prevent a contravention of this Act from continuing or being repeated.\nIf the contravention constitutes an offence, compliance with the compliance notice does not prevent prosecution for the alleged offence.\nThe authorised person must be satisfied on reasonable grounds that the person—\nhas contravened this Act; and\nthe contravention is continuing or is likely to be repeated.\nThe compliance notice must state—\nthe name of the person to whom it is given; and\ndetails of—\nthe alleged contravention; and\nthe grounds relied on under subsection (2) ; and\nthe facts establishing the grounds; and\nthe action required to be taken, or refrained from being taken, to prevent the contravention continuing or being repeated; and\nthe day by which the notice must be complied with; and\nthat failure to comply with the notice is an offence; and\nthat the person may, within 10 business days after the day the notice is given to the person, apply to the Regulator for review of the compliance notice; and\nthat, under section 537D (5) , an application for review of the compliance notice stays the operation of the notice.\nThe action required to be taken, or refrained from being taken—\nmay be expressed as action that may be chosen by the person from a range of stated measures; and\nmust be relevant, reasonable and able to be followed.\nThe day stated as the day by which the notice must be complied with must be reasonable in the circumstances.\nAn authorised person appointed by the Regulator may, by written notice to the person to whom the compliance notice is given, amend the compliance notice—\nby stating a later day by which the notice must be complied with; or\nby making a minor change to correct an error or for clarification.\nAn authorised person can not amend the compliance notice under subsection (6) after the day by which the notice must be complied with.\nThe Regulator may, on the Regulator’s own initiative, withdraw the compliance notice at any time by written notice to the person to whom it is given.\nA compliance notice is not invalid only because of—\na formal defect or irregularity in the notice unless the defect or irregularity causes or is likely to cause substantial injustice; or\na failure to use the correct name or address of the person to whom the notice is given if the notice sufficiently identifies the person and is served on the person.\ns 537C ins 2024 No. 40 s 53\n(sec.537C-ssec.1) An authorised person appointed by the Regulator may give a person a written notice (a compliance notice ) requiring the person to take stated action, or to refrain from taking stated action, to prevent a contravention of this Act from continuing or being repeated. If the contravention constitutes an offence, compliance with the compliance notice does not prevent prosecution for the alleged offence.\n(sec.537C-ssec.2) The authorised person must be satisfied on reasonable grounds that the person— has contravened this Act; and the contravention is continuing or is likely to be repeated.\n(sec.537C-ssec.3) The compliance notice must state— the name of the person to whom it is given; and details of— the alleged contravention; and the grounds relied on under subsection (2) ; and the facts establishing the grounds; and the action required to be taken, or refrained from being taken, to prevent the contravention continuing or being repeated; and the day by which the notice must be complied with; and that failure to comply with the notice is an offence; and that the person may, within 10 business days after the day the notice is given to the person, apply to the Regulator for review of the compliance notice; and that, under section 537D (5) , an application for review of the compliance notice stays the operation of the notice.\n(sec.537C-ssec.4) The action required to be taken, or refrained from being taken— may be expressed as action that may be chosen by the person from a range of stated measures; and must be relevant, reasonable and able to be followed.\n(sec.537C-ssec.5) The day stated as the day by which the notice must be complied with must be reasonable in the circumstances.\n(sec.537C-ssec.6) An authorised person appointed by the Regulator may, by written notice to the person to whom the compliance notice is given, amend the compliance notice— by stating a later day by which the notice must be complied with; or by making a minor change to correct an error or for clarification.\n(sec.537C-ssec.7) An authorised person can not amend the compliance notice under subsection (6) after the day by which the notice must be complied with.\n(sec.537C-ssec.8) The Regulator may, on the Regulator’s own initiative, withdraw the compliance notice at any time by written notice to the person to whom it is given.\n(sec.537C-ssec.9) A compliance notice is not invalid only because of— a formal defect or irregularity in the notice unless the defect or irregularity causes or is likely to cause substantial injustice; or a failure to use the correct name or address of the person to whom the notice is given if the notice sufficiently identifies the person and is served on the person.\n- (a) has contravened this Act; and\n- (b) the contravention is continuing or is likely to be repeated.\n- (a) the name of the person to whom it is given; and\n- (b) details of— (i) the alleged contravention; and (ii) the grounds relied on under subsection (2) ; and (iii) the facts establishing the grounds; and\n- (i) the alleged contravention; and\n- (ii) the grounds relied on under subsection (2) ; and\n- (iii) the facts establishing the grounds; and\n- (c) the action required to be taken, or refrained from being taken, to prevent the contravention continuing or being repeated; and\n- (d) the day by which the notice must be complied with; and\n- (e) that failure to comply with the notice is an offence; and\n- (f) that the person may, within 10 business days after the day the notice is given to the person, apply to the Regulator for review of the compliance notice; and\n- (g) that, under section 537D (5) , an application for review of the compliance notice stays the operation of the notice.\n- (i) the alleged contravention; and\n- (ii) the grounds relied on under subsection (2) ; and\n- (iii) the facts establishing the grounds; and\n- (a) may be expressed as action that may be chosen by the person from a range of stated measures; and\n- (b) must be relevant, reasonable and able to be followed.\n- (a) by stating a later day by which the notice must be complied with; or\n- (b) by making a minor change to correct an error or for clarification.\n- (a) a formal defect or irregularity in the notice unless the defect or irregularity causes or is likely to cause substantial injustice; or\n- (b) a failure to use the correct name or address of the person to whom the notice is given if the notice sufficiently identifies the person and is served on the person.","sortOrder":981},{"sectionNumber":"sec.537D","sectionType":"section","heading":"Review by Regulator","content":"### sec.537D Review by Regulator\n\nA person to whom a compliance notice is given may apply to the Regulator for review of the compliance notice.\nThe application must be made within 10 business days after the day the compliance notice is given to the person.\nThe Regulator may, at any time, extend the time for making the application.\nThe application—\nmust be made in the approved form and given to the Regulator; and\nmust state the grounds on which the applicant seeks review; and\nmay be accompanied by evidence or information the applicant wants considered in the review.\nAn application for review has the effect of staying the operation of the compliance notice until the review is decided and the period for appealing against the decision on the review expires.\nThe Regulator—\nmust review the decision to issue the notice and the terms of the notice as issued or amended; and\nmay ask the applicant to provide further information reasonably necessary for making a decision on the application.\nThe Regulator must decide the application within 10 business days after the day the application is made.\nHowever, the time for making a decision may be extended if, in the opinion of the Regulator, the extension is reasonably necessary—\nto enable the applicant to provide further information; or\nto consider further information provided by the applicant.\nIn deciding a review, the Regulator has the same powers as an authorised person has to issue a compliance notice.\nThe Regulator may—\nconfirm the compliance notice; or\nwithdraw the compliance notice; or\nwithdraw the compliance notice and issue a new compliance notice in a form the Regulator considers appropriate.\nThe Regulator must give the applicant written notice of the Regulator’s decision as soon as practicable.\nThe notice must state the reasons for the decision.\nIf the Regulator confirms the compliance notice or issues a new compliance notice, the notice must also state—\nthat the applicant may appeal against the decision to the industrial commission within 20 business days after the day the notice is given; and\nthat, under section 537E (4) , an appeal against the decision stays the operation of the notice subject to an order of the industrial commission.\ns 537D ins 2024 No. 40 s 53\n(sec.537D-ssec.1) A person to whom a compliance notice is given may apply to the Regulator for review of the compliance notice.\n(sec.537D-ssec.2) The application must be made within 10 business days after the day the compliance notice is given to the person.\n(sec.537D-ssec.3) The Regulator may, at any time, extend the time for making the application.\n(sec.537D-ssec.4) The application— must be made in the approved form and given to the Regulator; and must state the grounds on which the applicant seeks review; and may be accompanied by evidence or information the applicant wants considered in the review.\n(sec.537D-ssec.5) An application for review has the effect of staying the operation of the compliance notice until the review is decided and the period for appealing against the decision on the review expires.\n(sec.537D-ssec.6) The Regulator— must review the decision to issue the notice and the terms of the notice as issued or amended; and may ask the applicant to provide further information reasonably necessary for making a decision on the application.\n(sec.537D-ssec.7) The Regulator must decide the application within 10 business days after the day the application is made.\n(sec.537D-ssec.8) However, the time for making a decision may be extended if, in the opinion of the Regulator, the extension is reasonably necessary— to enable the applicant to provide further information; or to consider further information provided by the applicant.\n(sec.537D-ssec.9) In deciding a review, the Regulator has the same powers as an authorised person has to issue a compliance notice.\n(sec.537D-ssec.10) The Regulator may— confirm the compliance notice; or withdraw the compliance notice; or withdraw the compliance notice and issue a new compliance notice in a form the Regulator considers appropriate.\n(sec.537D-ssec.11) The Regulator must give the applicant written notice of the Regulator’s decision as soon as practicable.\n(sec.537D-ssec.12) The notice must state the reasons for the decision.\n(sec.537D-ssec.13) If the Regulator confirms the compliance notice or issues a new compliance notice, the notice must also state— that the applicant may appeal against the decision to the industrial commission within 20 business days after the day the notice is given; and that, under section 537E (4) , an appeal against the decision stays the operation of the notice subject to an order of the industrial commission.\n- (a) must be made in the approved form and given to the Regulator; and\n- (b) must state the grounds on which the applicant seeks review; and\n- (c) may be accompanied by evidence or information the applicant wants considered in the review.\n- (a) must review the decision to issue the notice and the terms of the notice as issued or amended; and\n- (b) may ask the applicant to provide further information reasonably necessary for making a decision on the application.\n- (a) to enable the applicant to provide further information; or\n- (b) to consider further information provided by the applicant.\n- (a) confirm the compliance notice; or\n- (b) withdraw the compliance notice; or\n- (c) withdraw the compliance notice and issue a new compliance notice in a form the Regulator considers appropriate.\n- (a) that the applicant may appeal against the decision to the industrial commission within 20 business days after the day the notice is given; and\n- (b) that, under section 537E (4) , an appeal against the decision stays the operation of the notice subject to an order of the industrial commission.","sortOrder":982},{"sectionNumber":"sec.537E","sectionType":"section","heading":"Appeal to industrial commission","content":"### sec.537E Appeal to industrial commission\n\nAn applicant for review of a compliance notice may appeal to the industrial commission against the Regulator’s decision on the review.\nThe appeal must be started by filing a notice of appeal in the industrial registry within 20 business days after notice of the Regulator’s decision is given to the person.\nThe industrial commission may, at any time, extend the time for making the appeal.\nAn appeal has the effect of staying the operation of the compliance notice until the appeal is finally decided.\nHowever, the industrial commission may, on the application of the Regulator or on its own initiative, make an order lifting the stay on the operation of the compliance notice or a stated part of the compliance notice if satisfied that it is in the interests of justice to do so.\nAn order under subsection (5) may state a day by which the compliance notice, or the stated part of the compliance notice, to which the order relates must be complied with.\nThe Regulator and the appellant may be represented by a lawyer in the proceedings.\nThe Regulator must comply with a request of the industrial commission to give the commission—\ndocuments or things in the Regulator’s possession or control that may be relevant to the appeal; or\nan additional statement containing stated further particulars relating to the Regulator’s reasons for the decision.\nIn deciding the appeal, the industrial commission has the same powers as the Regulator in deciding the review of the compliance notice.\nThe Industrial Relations Act 2016 , section 447 (2) , does not apply to the appeal.\nThe industrial commission may—\nconfirm the Regulator’s decision; or\nset aside the Regulator’s decision and substitute another decision; or\nset aside the decision and return the matter to the Regulator with the directions the commission considers appropriate.\nThe industrial commission must give a written copy of the decision to the Regulator and appellant.\nA regulation may prescribe circumstances in which costs are in the industrial commission’s discretion.\ns 537E ins 2024 No. 40 s 53\n(sec.537E-ssec.1) An applicant for review of a compliance notice may appeal to the industrial commission against the Regulator’s decision on the review.\n(sec.537E-ssec.2) The appeal must be started by filing a notice of appeal in the industrial registry within 20 business days after notice of the Regulator’s decision is given to the person.\n(sec.537E-ssec.3) The industrial commission may, at any time, extend the time for making the appeal.\n(sec.537E-ssec.4) An appeal has the effect of staying the operation of the compliance notice until the appeal is finally decided.\n(sec.537E-ssec.5) However, the industrial commission may, on the application of the Regulator or on its own initiative, make an order lifting the stay on the operation of the compliance notice or a stated part of the compliance notice if satisfied that it is in the interests of justice to do so.\n(sec.537E-ssec.6) An order under subsection (5) may state a day by which the compliance notice, or the stated part of the compliance notice, to which the order relates must be complied with.\n(sec.537E-ssec.7) The Regulator and the appellant may be represented by a lawyer in the proceedings.\n(sec.537E-ssec.8) The Regulator must comply with a request of the industrial commission to give the commission— documents or things in the Regulator’s possession or control that may be relevant to the appeal; or an additional statement containing stated further particulars relating to the Regulator’s reasons for the decision.\n(sec.537E-ssec.9) In deciding the appeal, the industrial commission has the same powers as the Regulator in deciding the review of the compliance notice.\n(sec.537E-ssec.10) The Industrial Relations Act 2016 , section 447 (2) , does not apply to the appeal.\n(sec.537E-ssec.11) The industrial commission may— confirm the Regulator’s decision; or set aside the Regulator’s decision and substitute another decision; or set aside the decision and return the matter to the Regulator with the directions the commission considers appropriate.\n(sec.537E-ssec.12) The industrial commission must give a written copy of the decision to the Regulator and appellant.\n(sec.537E-ssec.13) A regulation may prescribe circumstances in which costs are in the industrial commission’s discretion.\n- (a) documents or things in the Regulator’s possession or control that may be relevant to the appeal; or\n- (b) an additional statement containing stated further particulars relating to the Regulator’s reasons for the decision.\n- (a) confirm the Regulator’s decision; or\n- (b) set aside the Regulator’s decision and substitute another decision; or\n- (c) set aside the decision and return the matter to the Regulator with the directions the commission considers appropriate.","sortOrder":983},{"sectionNumber":"sec.537F","sectionType":"section","heading":"Offence of failure to comply with compliance notice","content":"### sec.537F Offence of failure to comply with compliance notice\n\nA person to whom a compliance notice is given must take action, or refrain from taking action, as stated in the notice.\nMaximum penalty—300 penalty units.\ns 537F ins 2024 No. 40 s 53","sortOrder":984},{"sectionNumber":"ch.13-pt.1","sectionType":"part","heading":"Internal review of proposed decisions","content":"# Internal review of proposed decisions","sortOrder":985},{"sectionNumber":"sec.538","sectionType":"section","heading":"Internal review by insurer","content":"### sec.538 Internal review by insurer\n\nBefore an insurer makes any of the following decisions, the insurer must undertake an internal review of the proposed decision—\na decision to reject an application for compensation;\na decision not to provide a service under section 232AB ;\na decision under section 232M that a worker is not entitled to treatment, care and support payments;\na decision to refuse a service request, or approve a service request on conditions, under section 232P ;\na decision to refuse a payment request under section 232R ;\na decision under section 232S that the insurer is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends;\na decision under section 232S that a worker’s entitlement to treatment, care and support payments ends before the end of the interim period;\na decision to not accept liability to make treatment, care and support payments under section 232ZD ;\na decision to amend approved services for an eligible worker under section 232ZG ;\na decision to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia;\na decision to terminate compensation;\na decision under section 325C to refuse an examination application.\nThe review must be made by a person who is in a more senior position than the person who proposes to make the decision.\ns 538 amd 2016 No. 44 s 42 ; 2017 No. 27 s 29 ; 2019 No. 33 s 74\n(sec.538-ssec.1) Before an insurer makes any of the following decisions, the insurer must undertake an internal review of the proposed decision— a decision to reject an application for compensation; a decision not to provide a service under section 232AB ; a decision under section 232M that a worker is not entitled to treatment, care and support payments; a decision to refuse a service request, or approve a service request on conditions, under section 232P ; a decision to refuse a payment request under section 232R ; a decision under section 232S that the insurer is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; a decision under section 232S that a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; a decision to not accept liability to make treatment, care and support payments under section 232ZD ; a decision to amend approved services for an eligible worker under section 232ZG ; a decision to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; a decision to terminate compensation; a decision under section 325C to refuse an examination application.\n(sec.538-ssec.2) The review must be made by a person who is in a more senior position than the person who proposes to make the decision.\n- (a) a decision to reject an application for compensation;\n- (aa) a decision not to provide a service under section 232AB ;\n- (b) a decision under section 232M that a worker is not entitled to treatment, care and support payments;\n- (c) a decision to refuse a service request, or approve a service request on conditions, under section 232P ;\n- (d) a decision to refuse a payment request under section 232R ;\n- (e) a decision under section 232S that the insurer is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends;\n- (f) a decision under section 232S that a worker’s entitlement to treatment, care and support payments ends before the end of the interim period;\n- (g) a decision to not accept liability to make treatment, care and support payments under section 232ZD ;\n- (h) a decision to amend approved services for an eligible worker under section 232ZG ;\n- (i) a decision to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia;\n- (j) a decision to terminate compensation;\n- (k) a decision under section 325C to refuse an examination application.","sortOrder":986},{"sectionNumber":"ch.13-pt.2","sectionType":"part","heading":"Regulator’s review of decisions","content":"# Regulator’s review of decisions","sortOrder":987},{"sectionNumber":"sec.539","sectionType":"section","heading":"Object of pt 2","content":"### sec.539 Object of pt 2\n\nThe object of this part is to provide a non-adversarial system for prompt resolution of disputes.","sortOrder":988},{"sectionNumber":"sec.540","sectionType":"section","heading":"Application of pt 2","content":"### sec.540 Application of pt 2\n\nThis part applies to the following—\na decision by WorkCover—\nnot to give an exemption from insuring under this Act under section 49 ; or\nto set the premium payable under a policy under section 54 ; or\nto issue a reassessment premium notice under section 56 ; or\nto refuse to waive or reduce a penalty under section 57 , 66 , 109A , 146A or 229 ; or\nto refuse to reassess a default assessment under section 58 ; or\nto refuse to waive or reduce additional premium under section 64 ; or\nto waive or not to waive section 131 (1) or (2) ; or\nto allow or reject an application for compensation; or\nto allow or reject an application under section 132A or 132B ; or\nto terminate or suspend payment of compensation; or\nto increase or decrease a weekly payment of compensation under chapter 3 ; or\nto refuse to vary an entitlement under section 171 , 172 or 173 ; or\nto apportion compensation under chapter 3 , part 11 ; or\nto allow or refuse an entitlement under section 212 , 216 or 219 ; or\nunder section 232M , that a worker is not entitled to treatment, care and support payments; or\nto refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of WorkCover under section 220 (4) ; or\nthat a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of WorkCover under section 220 (5) ; or\nto refuse a service request, or approve a service request on conditions, under section 232P ; or\nto refuse a payment request under section 232R ; or\nthat, under section 232S , WorkCover is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; or\nthat, under section 232S , a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; or\nnot to accept liability to make treatment, care and support payments under section 232ZD ; or\nto amend approved services for an eligible worker under section 232ZG ; or\nto suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; or\nfor section 239A (4) that a claimant has or has not sustained an injury; or\nto refuse an examination application under section 325C ;\na decision by a self-insurer—\nto waive or not to waive section 131 (1) or (2) ; or\nto allow or reject an application for compensation; or\nto allow or reject an application under section 132A or 132B ; or\nto terminate or suspend payment of compensation; or\nto increase or decrease a weekly payment of compensation under chapter 3 ; or\nto refuse to vary an entitlement under section 171 , 172 or 173 ; or\nto apportion compensation under chapter 3 , part 11 ; or\nto allow or refuse an entitlement under section 212 , 216 or 219 ; or\nunder section 232M , that a worker is not entitled to treatment, care and support payments; or\nto refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of the self-insurer under section 220 (4) ; or\nthat a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of the self-insurer under section 220 (5) ; or\nto refuse a service request, or approve a service request on conditions, under section 232P ; or\nto refuse a payment request under section 232R ; or\nthat, under section 232S , the self-insurer is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; or\nthat, under section 232S , a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; or\nnot to accept liability to make treatment, care and support payments under section 232ZD ; or\nto amend approved services for an eligible worker under section 232ZG ; or\nto suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; or\nfor section 239A (4) that a claimant has or has not sustained an injury; or\nto refuse an examination application under section 325C ;\na failure by WorkCover or a self-insurer to make a decision—\non an application under section 132A , 132B or 134 within the time stated in the section; or\nunder section 232M (4) , on request from a worker, within the time stated in section 232M (3) ; or\nunder section 232P (3) within the time stated in the section; or\non a payment request within the time stated in section 232R (1) ; or\non a review under section 232S within the time stated in the section; or\nunder section 232ZD (5) within the time stated in the section; or\nfor section 239A (4) within the time stated in section 239A (5) ; or\nunder section 325C (1) within the period stated in the section.\nWorkCover or the self-insurer (the decision-maker ) must give written reasons for the decision or for the failure to make a decision.\nThe decision-maker need not give reasons for a decision mentioned in subsection (1) (a) (ii) or (iii) .\nThe reasons for the decision must—\naddress the matters prescribed by regulation; and\nbe accompanied by information about the rights of review under this Act for the decision.\nThe decision or the failure to make a decision may be reviewed only by the Regulator.\ns 540 amd 2004 No. 45 s 63 ; 2004 No. 53 s 2 sch ; 2013 No. 52 ss 56 sch 1 (retro), 114 sch 2 ; 2015 No.12 s 10 (retro); 2016 No. 44 s 43 ; 2017 No. 27 s 30 ; 2019 No. 33 ss 75 , 92 sch 1 ; 2024 No. 40 ss 54 , 65 sch 1\n(sec.540-ssec.1) This part applies to the following— a decision by WorkCover— not to give an exemption from insuring under this Act under section 49 ; or to set the premium payable under a policy under section 54 ; or to issue a reassessment premium notice under section 56 ; or to refuse to waive or reduce a penalty under section 57 , 66 , 109A , 146A or 229 ; or to refuse to reassess a default assessment under section 58 ; or to refuse to waive or reduce additional premium under section 64 ; or to waive or not to waive section 131 (1) or (2) ; or to allow or reject an application for compensation; or to allow or reject an application under section 132A or 132B ; or to terminate or suspend payment of compensation; or to increase or decrease a weekly payment of compensation under chapter 3 ; or to refuse to vary an entitlement under section 171 , 172 or 173 ; or to apportion compensation under chapter 3 , part 11 ; or to allow or refuse an entitlement under section 212 , 216 or 219 ; or under section 232M , that a worker is not entitled to treatment, care and support payments; or to refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of WorkCover under section 220 (4) ; or that a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of WorkCover under section 220 (5) ; or to refuse a service request, or approve a service request on conditions, under section 232P ; or to refuse a payment request under section 232R ; or that, under section 232S , WorkCover is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; or that, under section 232S , a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; or not to accept liability to make treatment, care and support payments under section 232ZD ; or to amend approved services for an eligible worker under section 232ZG ; or to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; or for section 239A (4) that a claimant has or has not sustained an injury; or to refuse an examination application under section 325C ; a decision by a self-insurer— to waive or not to waive section 131 (1) or (2) ; or to allow or reject an application for compensation; or to allow or reject an application under section 132A or 132B ; or to terminate or suspend payment of compensation; or to increase or decrease a weekly payment of compensation under chapter 3 ; or to refuse to vary an entitlement under section 171 , 172 or 173 ; or to apportion compensation under chapter 3 , part 11 ; or to allow or refuse an entitlement under section 212 , 216 or 219 ; or under section 232M , that a worker is not entitled to treatment, care and support payments; or to refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of the self-insurer under section 220 (4) ; or that a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of the self-insurer under section 220 (5) ; or to refuse a service request, or approve a service request on conditions, under section 232P ; or to refuse a payment request under section 232R ; or that, under section 232S , the self-insurer is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; or that, under section 232S , a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; or not to accept liability to make treatment, care and support payments under section 232ZD ; or to amend approved services for an eligible worker under section 232ZG ; or to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; or for section 239A (4) that a claimant has or has not sustained an injury; or to refuse an examination application under section 325C ; a failure by WorkCover or a self-insurer to make a decision— on an application under section 132A , 132B or 134 within the time stated in the section; or under section 232M (4) , on request from a worker, within the time stated in section 232M (3) ; or under section 232P (3) within the time stated in the section; or on a payment request within the time stated in section 232R (1) ; or on a review under section 232S within the time stated in the section; or under section 232ZD (5) within the time stated in the section; or for section 239A (4) within the time stated in section 239A (5) ; or under section 325C (1) within the period stated in the section.\n(sec.540-ssec.2) WorkCover or the self-insurer (the decision-maker ) must give written reasons for the decision or for the failure to make a decision.\n(sec.540-ssec.3) The decision-maker need not give reasons for a decision mentioned in subsection (1) (a) (ii) or (iii) .\n(sec.540-ssec.4) The reasons for the decision must— address the matters prescribed by regulation; and be accompanied by information about the rights of review under this Act for the decision.\n(sec.540-ssec.5) The decision or the failure to make a decision may be reviewed only by the Regulator.\n- (a) a decision by WorkCover— (i) not to give an exemption from insuring under this Act under section 49 ; or (ii) to set the premium payable under a policy under section 54 ; or (iii) to issue a reassessment premium notice under section 56 ; or (iv) to refuse to waive or reduce a penalty under section 57 , 66 , 109A , 146A or 229 ; or (v) to refuse to reassess a default assessment under section 58 ; or (vi) to refuse to waive or reduce additional premium under section 64 ; or (vii) to waive or not to waive section 131 (1) or (2) ; or (viii) to allow or reject an application for compensation; or (viiia) to allow or reject an application under section 132A or 132B ; or (ix) to terminate or suspend payment of compensation; or (ixa) to increase or decrease a weekly payment of compensation under chapter 3 ; or (x) to refuse to vary an entitlement under section 171 , 172 or 173 ; or (xi) to apportion compensation under chapter 3 , part 11 ; or (xii) to allow or refuse an entitlement under section 212 , 216 or 219 ; or (xiia) under section 232M , that a worker is not entitled to treatment, care and support payments; or (xiiaa) to refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of WorkCover under section 220 (4) ; or (xiiab) that a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of WorkCover under section 220 (5) ; or (xiib) to refuse a service request, or approve a service request on conditions, under section 232P ; or (xiic) to refuse a payment request under section 232R ; or (xiid) that, under section 232S , WorkCover is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; or (xiie) that, under section 232S , a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; or (xiif) not to accept liability to make treatment, care and support payments under section 232ZD ; or (xiig) to amend approved services for an eligible worker under section 232ZG ; or (xiih) to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; or (xiii) for section 239A (4) that a claimant has or has not sustained an injury; or (xiv) to refuse an examination application under section 325C ;\n- (i) not to give an exemption from insuring under this Act under section 49 ; or\n- (ii) to set the premium payable under a policy under section 54 ; or\n- (iii) to issue a reassessment premium notice under section 56 ; or\n- (iv) to refuse to waive or reduce a penalty under section 57 , 66 , 109A , 146A or 229 ; or\n- (v) to refuse to reassess a default assessment under section 58 ; or\n- (vi) to refuse to waive or reduce additional premium under section 64 ; or\n- (vii) to waive or not to waive section 131 (1) or (2) ; or\n- (viii) to allow or reject an application for compensation; or\n- (viiia) to allow or reject an application under section 132A or 132B ; or\n- (ix) to terminate or suspend payment of compensation; or\n- (ixa) to increase or decrease a weekly payment of compensation under chapter 3 ; or\n- (x) to refuse to vary an entitlement under section 171 , 172 or 173 ; or\n- (xi) to apportion compensation under chapter 3 , part 11 ; or\n- (xii) to allow or refuse an entitlement under section 212 , 216 or 219 ; or\n- (xiia) under section 232M , that a worker is not entitled to treatment, care and support payments; or\n- (xiiaa) to refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of WorkCover under section 220 (4) ; or\n- (xiiab) that a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of WorkCover under section 220 (5) ; or\n- (xiib) to refuse a service request, or approve a service request on conditions, under section 232P ; or\n- (xiic) to refuse a payment request under section 232R ; or\n- (xiid) that, under section 232S , WorkCover is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; or\n- (xiie) that, under section 232S , a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; or\n- (xiif) not to accept liability to make treatment, care and support payments under section 232ZD ; or\n- (xiig) to amend approved services for an eligible worker under section 232ZG ; or\n- (xiih) to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; or\n- (xiii) for section 239A (4) that a claimant has or has not sustained an injury; or\n- (xiv) to refuse an examination application under section 325C ;\n- (b) a decision by a self-insurer— (i) to waive or not to waive section 131 (1) or (2) ; or (ii) to allow or reject an application for compensation; or (iia) to allow or reject an application under section 132A or 132B ; or (iii) to terminate or suspend payment of compensation; or (iiia) to increase or decrease a weekly payment of compensation under chapter 3 ; or (iv) to refuse to vary an entitlement under section 171 , 172 or 173 ; or (v) to apportion compensation under chapter 3 , part 11 ; or (vi) to allow or refuse an entitlement under section 212 , 216 or 219 ; or (via) under section 232M , that a worker is not entitled to treatment, care and support payments; or (viaa) to refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of the self-insurer under section 220 (4) ; or (viab) that a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of the self-insurer under section 220 (5) ; or (vib) to refuse a service request, or approve a service request on conditions, under section 232P ; or (vic) to refuse a payment request under section 232R ; or (vid) that, under section 232S , the self-insurer is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; or (vie) that, under section 232S , a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; or (vif) not to accept liability to make treatment, care and support payments under section 232ZD ; or (vig) to amend approved services for an eligible worker under section 232ZG ; or (vih) to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; or (vii) for section 239A (4) that a claimant has or has not sustained an injury; or (viii) to refuse an examination application under section 325C ;\n- (i) to waive or not to waive section 131 (1) or (2) ; or\n- (ii) to allow or reject an application for compensation; or\n- (iia) to allow or reject an application under section 132A or 132B ; or\n- (iii) to terminate or suspend payment of compensation; or\n- (iiia) to increase or decrease a weekly payment of compensation under chapter 3 ; or\n- (iv) to refuse to vary an entitlement under section 171 , 172 or 173 ; or\n- (v) to apportion compensation under chapter 3 , part 11 ; or\n- (vi) to allow or refuse an entitlement under section 212 , 216 or 219 ; or\n- (via) under section 232M , that a worker is not entitled to treatment, care and support payments; or\n- (viaa) to refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of the self-insurer under section 220 (4) ; or\n- (viab) that a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of the self-insurer under section 220 (5) ; or\n- (vib) to refuse a service request, or approve a service request on conditions, under section 232P ; or\n- (vic) to refuse a payment request under section 232R ; or\n- (vid) that, under section 232S , the self-insurer is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; or\n- (vie) that, under section 232S , a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; or\n- (vif) not to accept liability to make treatment, care and support payments under section 232ZD ; or\n- (vig) to amend approved services for an eligible worker under section 232ZG ; or\n- (vih) to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; or\n- (vii) for section 239A (4) that a claimant has or has not sustained an injury; or\n- (viii) to refuse an examination application under section 325C ;\n- (c) a failure by WorkCover or a self-insurer to make a decision— (i) on an application under section 132A , 132B or 134 within the time stated in the section; or (ia) under section 232M (4) , on request from a worker, within the time stated in section 232M (3) ; or (ib) under section 232P (3) within the time stated in the section; or (ic) on a payment request within the time stated in section 232R (1) ; or (id) on a review under section 232S within the time stated in the section; or (ie) under section 232ZD (5) within the time stated in the section; or (ii) for section 239A (4) within the time stated in section 239A (5) ; or (iii) under section 325C (1) within the period stated in the section.\n- (i) on an application under section 132A , 132B or 134 within the time stated in the section; or\n- (ia) under section 232M (4) , on request from a worker, within the time stated in section 232M (3) ; or\n- (ib) under section 232P (3) within the time stated in the section; or\n- (ic) on a payment request within the time stated in section 232R (1) ; or\n- (id) on a review under section 232S within the time stated in the section; or\n- (ie) under section 232ZD (5) within the time stated in the section; or\n- (ii) for section 239A (4) within the time stated in section 239A (5) ; or\n- (iii) under section 325C (1) within the period stated in the section.\n- (i) not to give an exemption from insuring under this Act under section 49 ; or\n- (ii) to set the premium payable under a policy under section 54 ; or\n- (iii) to issue a reassessment premium notice under section 56 ; or\n- (iv) to refuse to waive or reduce a penalty under section 57 , 66 , 109A , 146A or 229 ; or\n- (v) to refuse to reassess a default assessment under section 58 ; or\n- (vi) to refuse to waive or reduce additional premium under section 64 ; or\n- (vii) to waive or not to waive section 131 (1) or (2) ; or\n- (viii) to allow or reject an application for compensation; or\n- (viiia) to allow or reject an application under section 132A or 132B ; or\n- (ix) to terminate or suspend payment of compensation; or\n- (ixa) to increase or decrease a weekly payment of compensation under chapter 3 ; or\n- (x) to refuse to vary an entitlement under section 171 , 172 or 173 ; or\n- (xi) to apportion compensation under chapter 3 , part 11 ; or\n- (xii) to allow or refuse an entitlement under section 212 , 216 or 219 ; or\n- (xiia) under section 232M , that a worker is not entitled to treatment, care and support payments; or\n- (xiiaa) to refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of WorkCover under section 220 (4) ; or\n- (xiiab) that a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of WorkCover under section 220 (5) ; or\n- (xiib) to refuse a service request, or approve a service request on conditions, under section 232P ; or\n- (xiic) to refuse a payment request under section 232R ; or\n- (xiid) that, under section 232S , WorkCover is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; or\n- (xiie) that, under section 232S , a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; or\n- (xiif) not to accept liability to make treatment, care and support payments under section 232ZD ; or\n- (xiig) to amend approved services for an eligible worker under section 232ZG ; or\n- (xiih) to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; or\n- (xiii) for section 239A (4) that a claimant has or has not sustained an injury; or\n- (xiv) to refuse an examination application under section 325C ;\n- (i) to waive or not to waive section 131 (1) or (2) ; or\n- (ii) to allow or reject an application for compensation; or\n- (iia) to allow or reject an application under section 132A or 132B ; or\n- (iii) to terminate or suspend payment of compensation; or\n- (iiia) to increase or decrease a weekly payment of compensation under chapter 3 ; or\n- (iv) to refuse to vary an entitlement under section 171 , 172 or 173 ; or\n- (v) to apportion compensation under chapter 3 , part 11 ; or\n- (vi) to allow or refuse an entitlement under section 212 , 216 or 219 ; or\n- (via) under section 232M , that a worker is not entitled to treatment, care and support payments; or\n- (viaa) to refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of the self-insurer under section 220 (4) ; or\n- (viab) that a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of the self-insurer under section 220 (5) ; or\n- (vib) to refuse a service request, or approve a service request on conditions, under section 232P ; or\n- (vic) to refuse a payment request under section 232R ; or\n- (vid) that, under section 232S , the self-insurer is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; or\n- (vie) that, under section 232S , a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; or\n- (vif) not to accept liability to make treatment, care and support payments under section 232ZD ; or\n- (vig) to amend approved services for an eligible worker under section 232ZG ; or\n- (vih) to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; or\n- (vii) for section 239A (4) that a claimant has or has not sustained an injury; or\n- (viii) to refuse an examination application under section 325C ;\n- (i) on an application under section 132A , 132B or 134 within the time stated in the section; or\n- (ia) under section 232M (4) , on request from a worker, within the time stated in section 232M (3) ; or\n- (ib) under section 232P (3) within the time stated in the section; or\n- (ic) on a payment request within the time stated in section 232R (1) ; or\n- (id) on a review under section 232S within the time stated in the section; or\n- (ie) under section 232ZD (5) within the time stated in the section; or\n- (ii) for section 239A (4) within the time stated in section 239A (5) ; or\n- (iii) under section 325C (1) within the period stated in the section.\n- (a) address the matters prescribed by regulation; and\n- (b) be accompanied by information about the rights of review under this Act for the decision.","sortOrder":989},{"sectionNumber":"sec.541","sectionType":"section","heading":"Who may apply for review","content":"### sec.541 Who may apply for review\n\nA claimant, worker or an employer aggrieved by a decision or the failure to make a decision may apply for review.","sortOrder":990},{"sectionNumber":"sec.542","sectionType":"section","heading":"Applying for review","content":"### sec.542 Applying for review\n\nAn application for review must be made within 3 months after the person applying for review (the applicant ) receives written notice of the decision or the failure to make a decision and the reasons for the decision or failure, unless subsection (4) applies.\nFor subsection (1) , the applicant may, at any time but not more than once, ask the Regulator to allow further time to apply for review.\nThe Regulator may grant the extension if it is satisfied that special circumstances exist.\nIf the notice did not state the reasons for the decision or the failure to make a decision—\nthe applicant must ask the decision-maker for the reasons within 20 business days after receiving the notice; and\nthe decision-maker must give written reasons within 5 business days after the applicant asks for the reasons; and\nthe application for review must be made within 3 months after the applicant receives the reasons, regardless of whether the reasons addressed the matters prescribed under a regulation.\nThe application for review—\nmust be made in the approved form and given to the Regulator; and\nmust state the grounds on which the applicant seeks review; and\nmay be accompanied by any relevant document the applicant wants considered in the review.\nThe Regulator must, within 10 business days after receiving the application, give the applicant and the decision-maker written notice that the application has been received.\ns 542 amd 2005 No. 50 s 41 ; 2013 No. 52 s 114 sch 2 ; 2015 No. 13 s 28\n(sec.542-ssec.1) An application for review must be made within 3 months after the person applying for review (the applicant ) receives written notice of the decision or the failure to make a decision and the reasons for the decision or failure, unless subsection (4) applies.\n(sec.542-ssec.2) For subsection (1) , the applicant may, at any time but not more than once, ask the Regulator to allow further time to apply for review.\n(sec.542-ssec.3) The Regulator may grant the extension if it is satisfied that special circumstances exist.\n(sec.542-ssec.4) If the notice did not state the reasons for the decision or the failure to make a decision— the applicant must ask the decision-maker for the reasons within 20 business days after receiving the notice; and the decision-maker must give written reasons within 5 business days after the applicant asks for the reasons; and the application for review must be made within 3 months after the applicant receives the reasons, regardless of whether the reasons addressed the matters prescribed under a regulation.\n(sec.542-ssec.5) The application for review— must be made in the approved form and given to the Regulator; and must state the grounds on which the applicant seeks review; and may be accompanied by any relevant document the applicant wants considered in the review.\n(sec.542-ssec.6) The Regulator must, within 10 business days after receiving the application, give the applicant and the decision-maker written notice that the application has been received.\n- (a) the applicant must ask the decision-maker for the reasons within 20 business days after receiving the notice; and\n- (b) the decision-maker must give written reasons within 5 business days after the applicant asks for the reasons; and\n- (c) the application for review must be made within 3 months after the applicant receives the reasons, regardless of whether the reasons addressed the matters prescribed under a regulation.\n- (a) must be made in the approved form and given to the Regulator; and\n- (b) must state the grounds on which the applicant seeks review; and\n- (c) may be accompanied by any relevant document the applicant wants considered in the review.","sortOrder":991},{"sectionNumber":"sec.543","sectionType":"section","heading":"Right of appearance","content":"### sec.543 Right of appearance\n\nThe applicant may appear before the Regulator in person or be represented by another person at the applicant’s expense with a view to achieving a resolution of the matter.\nThe applicant may also make representations to the Regulator by telephone or another form of communication.\ns 543 amd 2013 No. 52 s 114 sch 2\n(sec.543-ssec.1) The applicant may appear before the Regulator in person or be represented by another person at the applicant’s expense with a view to achieving a resolution of the matter.\n(sec.543-ssec.2) The applicant may also make representations to the Regulator by telephone or another form of communication.","sortOrder":992},{"sectionNumber":"sec.544","sectionType":"section","heading":"Decision-maker must give information to Regulator","content":"### sec.544 Decision-maker must give information to Regulator\n\nThe Regulator may, by written notice, require the decision-maker to give the Regulator—\nwithin 5 business days after receiving the notice—\nall relevant information and documents in relation to the application that is in the decision-maker’s possession; or\nthe information asked for by the Regulator; or\nif the Regulator believes on reasonable grounds that the reasons given by the decision-maker for the decision-maker’s decision have not addressed the matters prescribed under a regulation for section 540 (4) —reasons for the decision that address those matters; or\nwithin the period stated in the notice, any further information the Regulator needs to decide the matter.\nThe notice may state the way the information, documents and reasons must be given.\nThe decision-maker must comply with the notice.\nThe decision-maker must pay the cost of obtaining the further information.\ns 544 amd 2004 No. 45 s 3 sch ; 2005 No. 50 s 42 ; 2013 No. 52 s 114 sch 2 ; 2024 No. 40 s 55\n(sec.544-ssec.1) The Regulator may, by written notice, require the decision-maker to give the Regulator— within 5 business days after receiving the notice— all relevant information and documents in relation to the application that is in the decision-maker’s possession; or the information asked for by the Regulator; or if the Regulator believes on reasonable grounds that the reasons given by the decision-maker for the decision-maker’s decision have not addressed the matters prescribed under a regulation for section 540 (4) —reasons for the decision that address those matters; or within the period stated in the notice, any further information the Regulator needs to decide the matter.\n(sec.544-ssec.2) The notice may state the way the information, documents and reasons must be given.\n(sec.544-ssec.3) The decision-maker must comply with the notice.\n(sec.544-ssec.4) The decision-maker must pay the cost of obtaining the further information.\n- (a) within 5 business days after receiving the notice— (i) all relevant information and documents in relation to the application that is in the decision-maker’s possession; or (ii) the information asked for by the Regulator; or (iii) if the Regulator believes on reasonable grounds that the reasons given by the decision-maker for the decision-maker’s decision have not addressed the matters prescribed under a regulation for section 540 (4) —reasons for the decision that address those matters; or\n- (i) all relevant information and documents in relation to the application that is in the decision-maker’s possession; or\n- (ii) the information asked for by the Regulator; or\n- (iii) if the Regulator believes on reasonable grounds that the reasons given by the decision-maker for the decision-maker’s decision have not addressed the matters prescribed under a regulation for section 540 (4) —reasons for the decision that address those matters; or\n- (b) within the period stated in the notice, any further information the Regulator needs to decide the matter.\n- (i) all relevant information and documents in relation to the application that is in the decision-maker’s possession; or\n- (ii) the information asked for by the Regulator; or\n- (iii) if the Regulator believes on reasonable grounds that the reasons given by the decision-maker for the decision-maker’s decision have not addressed the matters prescribed under a regulation for section 540 (4) —reasons for the decision that address those matters; or","sortOrder":993},{"sectionNumber":"sec.545","sectionType":"section","heading":"Review of decision or failure to make a decision","content":"### sec.545 Review of decision or failure to make a decision\n\nThe Regulator must, within 25 business days after receiving the application, review the decision and decide (the review decision ) to—\nconfirm the decision; or\nvary the decision; or\nset aside the decision and substitute another decision; or\nset aside the decision and return the matter to the decision-maker with the directions the Regulator considers appropriate.\nThe Regulator may act under subsection (1) (d) only if the Regulator—\nhas considered information that was not available to, or known by, the decision-maker when the decision-maker made its decision; or\nbelieves on reasonable grounds that the decision-maker did not have satisfactory evidence or information to make its decision; or\nbelieves on reasonable grounds that the decision-maker has not observed natural justice in making its decision.\nIf an application is about the failure to make a decision, the Regulator may—\nmake the decision (also a review decision ) after considering the information before it; or\nreturn the matter to the decision-maker with the directions the Regulator considers appropriate.\nThe decision-maker to whom the directions are given must comply with the directions.\nThe Regulator may extend the time in subsection (1) —\nwith the applicant’s consent, to allow the applicant a right of appearance or to make representations under section 543 ; or\nwith the applicant’s consent, to obtain information under section 544 ; or\nif the applicant applies to the Regulator in writing for time to give the Regulator further information.\nIf the Regulator acts under subsection (1) (b) or (c) or (2) (a) , the decision is taken for this Act, other than this part, to be the decision of the decision-maker.\ns 545 amd 2004 No. 45 ss 64 , 3 sch ; 2013 No. 52 s 114 sch 2\n(sec.545-ssec.1) The Regulator must, within 25 business days after receiving the application, review the decision and decide (the review decision ) to— confirm the decision; or vary the decision; or set aside the decision and substitute another decision; or set aside the decision and return the matter to the decision-maker with the directions the Regulator considers appropriate.\n(sec.545-ssec.1A) The Regulator may act under subsection (1) (d) only if the Regulator— has considered information that was not available to, or known by, the decision-maker when the decision-maker made its decision; or believes on reasonable grounds that the decision-maker did not have satisfactory evidence or information to make its decision; or believes on reasonable grounds that the decision-maker has not observed natural justice in making its decision.\n(sec.545-ssec.2) If an application is about the failure to make a decision, the Regulator may— make the decision (also a review decision ) after considering the information before it; or return the matter to the decision-maker with the directions the Regulator considers appropriate.\n(sec.545-ssec.3) The decision-maker to whom the directions are given must comply with the directions.\n(sec.545-ssec.4) The Regulator may extend the time in subsection (1) — with the applicant’s consent, to allow the applicant a right of appearance or to make representations under section 543 ; or with the applicant’s consent, to obtain information under section 544 ; or if the applicant applies to the Regulator in writing for time to give the Regulator further information.\n(sec.545-ssec.5) If the Regulator acts under subsection (1) (b) or (c) or (2) (a) , the decision is taken for this Act, other than this part, to be the decision of the decision-maker.\n- (a) confirm the decision; or\n- (b) vary the decision; or\n- (c) set aside the decision and substitute another decision; or\n- (d) set aside the decision and return the matter to the decision-maker with the directions the Regulator considers appropriate.\n- (a) has considered information that was not available to, or known by, the decision-maker when the decision-maker made its decision; or\n- (b) believes on reasonable grounds that the decision-maker did not have satisfactory evidence or information to make its decision; or\n- (c) believes on reasonable grounds that the decision-maker has not observed natural justice in making its decision.\n- (a) make the decision (also a review decision ) after considering the information before it; or\n- (b) return the matter to the decision-maker with the directions the Regulator considers appropriate.\n- (a) with the applicant’s consent, to allow the applicant a right of appearance or to make representations under section 543 ; or\n- (b) with the applicant’s consent, to obtain information under section 544 ; or\n- (c) if the applicant applies to the Regulator in writing for time to give the Regulator further information.","sortOrder":994},{"sectionNumber":"sec.546","sectionType":"section","heading":"Notice of review decision","content":"### sec.546 Notice of review decision\n\nWithin 10 business days after making a review decision, the Regulator must give the applicant and the decision-maker written notice of the review decision.\nHowever, if the decision relates to a matter mentioned in section 540 (1) (a) (vii) to (xiv) or (1) (b) or (c) , the Regulator must also give a copy of the review decision to the claimant or worker and to the employer.\nThe notice must state—\nthe reasons for the review decision; and\nthat the applicant may appeal against the decision to the industrial commission within 20 business days after the applicant receives notice of the decision, unless the Regulator has acted under section 545 (1) (d) .\nThe reasons for the decision must address the matters prescribed under a regulation.\nA decision of the Regulator under section 545 to return a matter to the decision-maker can not be appealed.\nIf the Regulator does not make a review decision within the time allowed under section 545 (1) or (4) , the applicant may appeal to an industrial magistrate against the Regulator’s failure to make the decision.\ns 546 amd 2004 No. 45 ss 65 , 3 sch ; 2005 No. 50 s 3 sch ; 2005 No. 50 s 43 ; 2007 No. 36 s 2 sch ; 2010 No. 26 s 145 ; 2013 No. 52 ss 56 sch 1 (retro), 114 sch 2 ; 2016 No. 44 s 53 sch 1 ; 2017 No. 27 s 41 sch 1\n(sec.546-ssec.1) Within 10 business days after making a review decision, the Regulator must give the applicant and the decision-maker written notice of the review decision.\n(sec.546-ssec.2) However, if the decision relates to a matter mentioned in section 540 (1) (a) (vii) to (xiv) or (1) (b) or (c) , the Regulator must also give a copy of the review decision to the claimant or worker and to the employer.\n(sec.546-ssec.3) The notice must state— the reasons for the review decision; and that the applicant may appeal against the decision to the industrial commission within 20 business days after the applicant receives notice of the decision, unless the Regulator has acted under section 545 (1) (d) .\n(sec.546-ssec.3AA) The reasons for the decision must address the matters prescribed under a regulation.\n(sec.546-ssec.3A) A decision of the Regulator under section 545 to return a matter to the decision-maker can not be appealed.\n(sec.546-ssec.4) If the Regulator does not make a review decision within the time allowed under section 545 (1) or (4) , the applicant may appeal to an industrial magistrate against the Regulator’s failure to make the decision.\n- (a) the reasons for the review decision; and\n- (b) that the applicant may appeal against the decision to the industrial commission within 20 business days after the applicant receives notice of the decision, unless the Regulator has acted under section 545 (1) (d) .","sortOrder":995},{"sectionNumber":"sec.546A","sectionType":"section","heading":"Matter returned to decision-maker","content":"### sec.546A Matter returned to decision-maker\n\nThis section applies if the Regulator returns a matter under section 545 to a decision-maker.\nThe decision-maker must, within the time specified by the Regulator—\nmake a decision; and\ngive the applicant and the Regulator written notice of the fresh decision, including—\nthe reasons for the decision; and\nthe applicant’s rights of review and appeal; and\nif the decision relates to a matter mentioned in section 540 (1) (a) (vii) to (xiv) or (1) (b) or (c) , give a copy of the fresh decision to the claimant or worker and to the employer.\ns 546A ins 2004 No. 45 s 66\namd 2013 No. 52 s 114 sch 2 ; 2017 No. 27 s 41 sch 1\n(sec.546A-ssec.1) This section applies if the Regulator returns a matter under section 545 to a decision-maker.\n(sec.546A-ssec.2) The decision-maker must, within the time specified by the Regulator— make a decision; and give the applicant and the Regulator written notice of the fresh decision, including— the reasons for the decision; and the applicant’s rights of review and appeal; and if the decision relates to a matter mentioned in section 540 (1) (a) (vii) to (xiv) or (1) (b) or (c) , give a copy of the fresh decision to the claimant or worker and to the employer.\n- (a) make a decision; and\n- (b) give the applicant and the Regulator written notice of the fresh decision, including— (i) the reasons for the decision; and (ii) the applicant’s rights of review and appeal; and\n- (i) the reasons for the decision; and\n- (ii) the applicant’s rights of review and appeal; and\n- (c) if the decision relates to a matter mentioned in section 540 (1) (a) (vii) to (xiv) or (1) (b) or (c) , give a copy of the fresh decision to the claimant or worker and to the employer.\n- (i) the reasons for the decision; and\n- (ii) the applicant’s rights of review and appeal; and","sortOrder":996},{"sectionNumber":"sec.547","sectionType":"section","heading":"Reimbursement of costs of examination and report","content":"### sec.547 Reimbursement of costs of examination and report\n\nThis section applies if the Regulator sets aside or varies a decision by the decision-maker to reject an application for compensation by a claimant or worker under chapter 3 .\nThe decision-maker must reimburse the claimant or worker for the cost of an examination by, and report from, a registered person obtained by the claimant or worker if the Regulator considers the examination and report substantially contributed to the setting aside or variation of the decision.\ns 547 amd 2013 No. 52 s 114 sch 2\n(sec.547-ssec.1) This section applies if the Regulator sets aside or varies a decision by the decision-maker to reject an application for compensation by a claimant or worker under chapter 3 .\n(sec.547-ssec.2) The decision-maker must reimburse the claimant or worker for the cost of an examination by, and report from, a registered person obtained by the claimant or worker if the Regulator considers the examination and report substantially contributed to the setting aside or variation of the decision.","sortOrder":997},{"sectionNumber":"ch.13-pt.3","sectionType":"part","heading":"Appeals","content":"# Appeals","sortOrder":998},{"sectionNumber":"ch.13-pt.3-div.1","sectionType":"division","heading":"Appeal to industrial magistrate or industrial commission","content":"## Appeal to industrial magistrate or industrial commission","sortOrder":999},{"sectionNumber":"sec.548","sectionType":"section","heading":"Application of div 1","content":"### sec.548 Application of div 1\n\nThis division applies to the following decisions—\na review decision, other than a decision to return a matter to a decision-maker under section 545 ;\na decision by an insurer under chapter 3 or 4 , other than—\na decision mentioned in section 540 (1) ; or\na decision about an entitlement to additional lump sum compensation under section 193A .\nA decision mentioned in subsection (1) (b) to which this division applies is a non-reviewable decision .\ns 548 amd 2004 No. 45 s 67 ; 2015 No. 13 s 34\n(sec.548-ssec.1) This division applies to the following decisions— a review decision, other than a decision to return a matter to a decision-maker under section 545 ; a decision by an insurer under chapter 3 or 4 , other than— a decision mentioned in section 540 (1) ; or a decision about an entitlement to additional lump sum compensation under section 193A .\n(sec.548-ssec.2) A decision mentioned in subsection (1) (b) to which this division applies is a non-reviewable decision .\n- (a) a review decision, other than a decision to return a matter to a decision-maker under section 545 ;\n- (b) a decision by an insurer under chapter 3 or 4 , other than— (i) a decision mentioned in section 540 (1) ; or (ii) a decision about an entitlement to additional lump sum compensation under section 193A .\n- (i) a decision mentioned in section 540 (1) ; or\n- (ii) a decision about an entitlement to additional lump sum compensation under section 193A .\n- (i) a decision mentioned in section 540 (1) ; or\n- (ii) a decision about an entitlement to additional lump sum compensation under section 193A .","sortOrder":1000},{"sectionNumber":"sec.548A","sectionType":"section","heading":"Meaning of appeal body","content":"### sec.548A Meaning of appeal body\n\nAn appeal body for this division is the industrial commission.\nHowever, the appeal body is an industrial magistrate—\nfor a decision of the Regulator under section 107E ; or\nfor a decision of the Regulator about a matter mentioned in section 540 (1) (a) (i) to (vi) ; or\nfor a non-reviewable decision.\ns 548A ins 2004 No. 45 s 68\namd 2006 No. 22 s 24 ; 2010 No. 26 s 146 ; 2013 No. 52 s 114 sch 2\n(sec.548A-ssec.1) An appeal body for this division is the industrial commission.\n(sec.548A-ssec.2) However, the appeal body is an industrial magistrate— for a decision of the Regulator under section 107E ; or for a decision of the Regulator about a matter mentioned in section 540 (1) (a) (i) to (vi) ; or for a non-reviewable decision.\n- (a) for a decision of the Regulator under section 107E ; or\n- (b) for a decision of the Regulator about a matter mentioned in section 540 (1) (a) (i) to (vi) ; or\n- (c) for a non-reviewable decision.","sortOrder":1001},{"sectionNumber":"sec.549","sectionType":"section","heading":"Who may appeal","content":"### sec.549 Who may appeal\n\nA claimant, worker or employer aggrieved by the decision (the appellant ) may appeal to an appeal body against the decision of the Regulator or the insurer (the respondent ).\nAn insurer aggrieved by a decision of the Regulator to confirm, vary or set aside a decision of the insurer mentioned in section 540 (1) (a) (i) to (vi) may appeal to an appeal body against the decision of the Regulator.\nIf the appellant is an employer—\nthe claimant or worker may, if the claimant or worker wishes, be a party to the appeal; and\nan insurer may, if the insurer wishes, be a party to the appeal if the appeal is against a decision of the Regulator to confirm, vary or set aside a decision of the insurer mentioned in section 540 (1) (a) (i) to (vi) .\nIf the appellant is WorkCover, an employer may, if the employer wishes, be a party to the appeal.\ns 549 amd 2004 No. 45 s 69 ; 2013 No. 52 s 114 sch 2\n(sec.549-ssec.1) A claimant, worker or employer aggrieved by the decision (the appellant ) may appeal to an appeal body against the decision of the Regulator or the insurer (the respondent ).\n(sec.549-ssec.2) An insurer aggrieved by a decision of the Regulator to confirm, vary or set aside a decision of the insurer mentioned in section 540 (1) (a) (i) to (vi) may appeal to an appeal body against the decision of the Regulator.\n(sec.549-ssec.3) If the appellant is an employer— the claimant or worker may, if the claimant or worker wishes, be a party to the appeal; and an insurer may, if the insurer wishes, be a party to the appeal if the appeal is against a decision of the Regulator to confirm, vary or set aside a decision of the insurer mentioned in section 540 (1) (a) (i) to (vi) .\n(sec.549-ssec.4) If the appellant is WorkCover, an employer may, if the employer wishes, be a party to the appeal.\n- (a) the claimant or worker may, if the claimant or worker wishes, be a party to the appeal; and\n- (b) an insurer may, if the insurer wishes, be a party to the appeal if the appeal is against a decision of the Regulator to confirm, vary or set aside a decision of the insurer mentioned in section 540 (1) (a) (i) to (vi) .","sortOrder":1002},{"sectionNumber":"sec.550","sectionType":"section","heading":"Procedure for appeal","content":"### sec.550 Procedure for appeal\n\nThe appeal must be made—\nif the appeal is about a review decision—within 20 business days after the appellant receives the notice of the review decision; or\nif the appeal is about a non-reviewable decision—within 20 business days after the appellant receives the notice of the decision stating the reasons for the decision.\nFor subsection (1) (b) , if the notice of the decision did not state the reasons for the decision, the appellant must ask the respondent for the reasons for the decision within 20 business days after receiving the notice.\nHowever, the appellant may ask the respondent to allow further time to appeal.\nThe appeal may be started only by filing a written notice of appeal with the appeal body.\nIf the appeal body is the industrial commission, the notice of appeal must be filed in the industrial registry.\nIf the appeal body is an industrial magistrate, the notice of appeal must be filed at—\nthe Magistrates Court nearest to the place where the appellant resides or, if the appellant is an employer, carries on business; or\na Magistrates Court agreed to between the respondent and the appellant.\nThe appellant must, within 10 business days after filing the notice of appeal, serve a copy of the notice on—\nif the appeal is about a review decision—the Regulator; or\nif the appeal is about a non-reviewable decision—the insurer.\nIf the appellant is an employer, the appellant must also serve a copy of the notice on the claimant or worker.\nIf a notice of appeal required to be filed in a Magistrates Court mentioned in subsection (5) (a) is filed in another Magistrates Court, the registrar of the other Magistrates Court may send any relevant documents to the registrar of the appropriate Magistrates Court.\nIf a notice of appeal required to be filed in a Magistrates Court is filed in the industrial registry, the industrial registrar may send any relevant documents to the registrar of the appropriate Magistrates Court.\nIf a notice of appeal required to be filed in the industrial registry is filed in a Magistrates Court, the registrar of the Magistrates Court may send any relevant documents to the industrial registrar.\ns 550 amd 2004 No. 45 ss 70 , 3 sch ; 2005 No. 50 s 3 sch ; 2010 No. 24 s 3 sch ; 2010 No. 26 s 147 ; 2013 No. 52 s 114 sch 2 ; 2015 No. 13 s 29\n(sec.550-ssec.1) The appeal must be made— if the appeal is about a review decision—within 20 business days after the appellant receives the notice of the review decision; or if the appeal is about a non-reviewable decision—within 20 business days after the appellant receives the notice of the decision stating the reasons for the decision.\n(sec.550-ssec.2) For subsection (1) (b) , if the notice of the decision did not state the reasons for the decision, the appellant must ask the respondent for the reasons for the decision within 20 business days after receiving the notice.\n(sec.550-ssec.3) However, the appellant may ask the respondent to allow further time to appeal.\n(sec.550-ssec.4) The appeal may be started only by filing a written notice of appeal with the appeal body.\n(sec.550-ssec.4A) If the appeal body is the industrial commission, the notice of appeal must be filed in the industrial registry.\n(sec.550-ssec.5) If the appeal body is an industrial magistrate, the notice of appeal must be filed at— the Magistrates Court nearest to the place where the appellant resides or, if the appellant is an employer, carries on business; or a Magistrates Court agreed to between the respondent and the appellant.\n(sec.550-ssec.6) The appellant must, within 10 business days after filing the notice of appeal, serve a copy of the notice on— if the appeal is about a review decision—the Regulator; or if the appeal is about a non-reviewable decision—the insurer.\n(sec.550-ssec.7) If the appellant is an employer, the appellant must also serve a copy of the notice on the claimant or worker.\n(sec.550-ssec.8) If a notice of appeal required to be filed in a Magistrates Court mentioned in subsection (5) (a) is filed in another Magistrates Court, the registrar of the other Magistrates Court may send any relevant documents to the registrar of the appropriate Magistrates Court.\n(sec.550-ssec.9) If a notice of appeal required to be filed in a Magistrates Court is filed in the industrial registry, the industrial registrar may send any relevant documents to the registrar of the appropriate Magistrates Court.\n(sec.550-ssec.10) If a notice of appeal required to be filed in the industrial registry is filed in a Magistrates Court, the registrar of the Magistrates Court may send any relevant documents to the industrial registrar.\n- (a) if the appeal is about a review decision—within 20 business days after the appellant receives the notice of the review decision; or\n- (b) if the appeal is about a non-reviewable decision—within 20 business days after the appellant receives the notice of the decision stating the reasons for the decision.\n- (a) the Magistrates Court nearest to the place where the appellant resides or, if the appellant is an employer, carries on business; or\n- (b) a Magistrates Court agreed to between the respondent and the appellant.\n- (a) if the appeal is about a review decision—the Regulator; or\n- (b) if the appeal is about a non-reviewable decision—the insurer.","sortOrder":1003},{"sectionNumber":"sec.551","sectionType":"section","heading":"Appeal about amount of premium","content":"### sec.551 Appeal about amount of premium\n\nThis section applies if an appeal is about an amount of premium specified in a premium notice.\nThe notice of appeal must state fully the grounds of appeal and the facts relied on.\nThe appellant is limited to the grounds of appeal stated in the notice.\nThe appellant must pay the premium specified in the notice before the appellant files the notice of appeal.\n(sec.551-ssec.1) This section applies if an appeal is about an amount of premium specified in a premium notice.\n(sec.551-ssec.2) The notice of appeal must state fully the grounds of appeal and the facts relied on.\n(sec.551-ssec.3) The appellant is limited to the grounds of appeal stated in the notice.\n(sec.551-ssec.4) The appellant must pay the premium specified in the notice before the appellant files the notice of appeal.","sortOrder":1004},{"sectionNumber":"sec.552","sectionType":"section","heading":"Notice of time and place for hearing","content":"### sec.552 Notice of time and place for hearing\n\nThe registrar of the industrial commission or the Magistrates Court at which the notice of appeal is filed must give the appellant and the respondent (the parties ) written notice of the time and place fixed for the hearing of the matter.\ns 552 amd 2004 No. 45 ss 71 , 3 sch ; 2005 No. 50 s 3 sch ; 2016 No. 63 s 1155","sortOrder":1005},{"sectionNumber":"sec.552A","sectionType":"section","heading":"Conference","content":"### sec.552A Conference\n\nIf the appeal is to the industrial commission, the industrial commission may, before the hearing of the matter, call a conference of the parties.\nThe parties must attend the conference.\ns 552A ins 2005 No. 50 s 44\n(sec.552A-ssec.1) If the appeal is to the industrial commission, the industrial commission may, before the hearing of the matter, call a conference of the parties.\n(sec.552A-ssec.2) The parties must attend the conference.","sortOrder":1006},{"sectionNumber":"sec.552B","sectionType":"section","heading":"Legal representation at appeal or conference","content":"### sec.552B Legal representation at appeal or conference\n\nA party may be represented by a lawyer at a conference called under section 552A or at the hearing of an appeal, but only with—\nthe agreement of the parties; or\nthe appeal body’s leave.\ns 552B ins 2005 No. 50 s 44\n- (a) the agreement of the parties; or\n- (b) the appeal body’s leave.","sortOrder":1007},{"sectionNumber":"sec.553","sectionType":"section","heading":"Application of Uniform Civil Procedure Rules 1999 and Industrial Relations (Tribunals) Rules 2011","content":"### sec.553 Application of Uniform Civil Procedure Rules 1999 and Industrial Relations (Tribunals) Rules 2011\n\nThe Uniform Civil Procedure Rules 1999 , chapter 7 , part 2 and chapter 9 , part 4 and the Industrial Relations (Tribunals) Rules 2011 apply to an appeal under this division with necessary changes.\nHowever, if there is an inconsistency between a provision of the rules mentioned in subsection (1) and a provision of this division, the provision of this division prevails to the extent of the inconsistency.\ns 553 amd 2005 No. 50 s 45 ;\nsub 2010 No. 24 s 3 sch\namd 2012 No. 17 s 51 sch\n(sec.553-ssec.1) The Uniform Civil Procedure Rules 1999 , chapter 7 , part 2 and chapter 9 , part 4 and the Industrial Relations (Tribunals) Rules 2011 apply to an appeal under this division with necessary changes.\n(sec.553-ssec.2) However, if there is an inconsistency between a provision of the rules mentioned in subsection (1) and a provision of this division, the provision of this division prevails to the extent of the inconsistency.","sortOrder":1008},{"sectionNumber":"sec.554","sectionType":"section","heading":"Exchanging evidence before hearing","content":"### sec.554 Exchanging evidence before hearing\n\nAt least 10 business days before the hearing, each party must give each other party any relevant document the party wants to adduce as evidence at the hearing.\nAt the hearing, a party can not rely on a document that was not given to the other party as required by subsection (1) , unless the appeal body agrees.\ns 554 amd 2004 No. 45 s 72\n(sec.554-ssec.1) At least 10 business days before the hearing, each party must give each other party any relevant document the party wants to adduce as evidence at the hearing.\n(sec.554-ssec.2) At the hearing, a party can not rely on a document that was not given to the other party as required by subsection (1) , unless the appeal body agrees.","sortOrder":1009},{"sectionNumber":"sec.555","sectionType":"section","heading":"Adjourned hearing","content":"### sec.555 Adjourned hearing\n\nThe appeal body may, at any time before or after the start of the hearing, adjourn the hearing if—\nthe appeal body is satisfied the hearing could be held more conveniently at a future time; or\nif the appeal body is an industrial magistrate, the appeal body is satisfied that the hearing could be held more conveniently at another place or before another industrial magistrate—\nhaving regard to the difficulty or expense of producing witnesses; or\nfor another appropriate reason.\nIf subsection (1) (b) applies—\nthe appeal body must send the relevant documents to the registrar of the appropriate Magistrates Court; and\nthe other industrial magistrate has jurisdiction to decide the matter as if it had been brought before that magistrate.\ns 555 sub 2004 No. 45 s 73\n(sec.555-ssec.1) The appeal body may, at any time before or after the start of the hearing, adjourn the hearing if— the appeal body is satisfied the hearing could be held more conveniently at a future time; or if the appeal body is an industrial magistrate, the appeal body is satisfied that the hearing could be held more conveniently at another place or before another industrial magistrate— having regard to the difficulty or expense of producing witnesses; or for another appropriate reason.\n(sec.555-ssec.2) If subsection (1) (b) applies— the appeal body must send the relevant documents to the registrar of the appropriate Magistrates Court; and the other industrial magistrate has jurisdiction to decide the matter as if it had been brought before that magistrate.\n- (a) the appeal body is satisfied the hearing could be held more conveniently at a future time; or\n- (b) if the appeal body is an industrial magistrate, the appeal body is satisfied that the hearing could be held more conveniently at another place or before another industrial magistrate— (i) having regard to the difficulty or expense of producing witnesses; or (ii) for another appropriate reason.\n- (i) having regard to the difficulty or expense of producing witnesses; or\n- (ii) for another appropriate reason.\n- (i) having regard to the difficulty or expense of producing witnesses; or\n- (ii) for another appropriate reason.\n- (a) the appeal body must send the relevant documents to the registrar of the appropriate Magistrates Court; and\n- (b) the other industrial magistrate has jurisdiction to decide the matter as if it had been brought before that magistrate.","sortOrder":1010},{"sectionNumber":"sec.556","sectionType":"section","heading":"Additional medical evidence","content":"### sec.556 Additional medical evidence\n\nThis section applies if—\nthe condition of a claimant or worker who has, or is said to have, sustained an injury is relevant to the appeal; or\nthe cause, nature or extent of the injury or incapacity arising from the injury is relevant to the appeal.\nThe appeal body may, at any time before or after the start of the hearing, order the claimant or worker to submit to a personal examination by 1 or more specified registered persons.\nThe appeal body may also, as the appeal body considers appropriate, make an order about—\nthe way, time and place of the examination; and\ncosts of the application for the order and of the examination.\nAn opinion formed on the examination must be given to the respondent and the respondent must make the opinion available to the appellant.\nSubsection (6) applies if the claimant or worker—\nfails, without reasonable excuse, to attend for the examination at the time and place ordered by the appeal body; or\nhaving attended, refuses to be examined by a registered person; or\nobstructs, or attempts to obstruct, the examination.\nAny entitlement the claimant or worker may have to compensation is suspended until the claimant or worker undergoes the examination.\ns 556 amd 2004 No. 45 s 74\n(sec.556-ssec.1) This section applies if— the condition of a claimant or worker who has, or is said to have, sustained an injury is relevant to the appeal; or the cause, nature or extent of the injury or incapacity arising from the injury is relevant to the appeal.\n(sec.556-ssec.2) The appeal body may, at any time before or after the start of the hearing, order the claimant or worker to submit to a personal examination by 1 or more specified registered persons.\n(sec.556-ssec.3) The appeal body may also, as the appeal body considers appropriate, make an order about— the way, time and place of the examination; and costs of the application for the order and of the examination.\n(sec.556-ssec.4) An opinion formed on the examination must be given to the respondent and the respondent must make the opinion available to the appellant.\n(sec.556-ssec.5) Subsection (6) applies if the claimant or worker— fails, without reasonable excuse, to attend for the examination at the time and place ordered by the appeal body; or having attended, refuses to be examined by a registered person; or obstructs, or attempts to obstruct, the examination.\n(sec.556-ssec.6) Any entitlement the claimant or worker may have to compensation is suspended until the claimant or worker undergoes the examination.\n- (a) the condition of a claimant or worker who has, or is said to have, sustained an injury is relevant to the appeal; or\n- (b) the cause, nature or extent of the injury or incapacity arising from the injury is relevant to the appeal.\n- (a) the way, time and place of the examination; and\n- (b) costs of the application for the order and of the examination.\n- (a) fails, without reasonable excuse, to attend for the examination at the time and place ordered by the appeal body; or\n- (b) having attended, refuses to be examined by a registered person; or\n- (c) obstructs, or attempts to obstruct, the examination.","sortOrder":1011},{"sectionNumber":"sec.557","sectionType":"section","heading":"Correcting defects in proceedings","content":"### sec.557 Correcting defects in proceedings\n\nFor the proper hearing of an appeal, the appeal body may order—\nanything necessary be supplied; or\ndefects or errors be corrected.\nThe appeal body may make the order at any time before or after the start of the hearing.\nThe order may be made on conditions.\nCosts of the order are in the appeal body’s discretion, except to the extent provided under a regulation.\nAll parties concerned must comply with the order.\ns 557 amd 2004 No. 45 s 75\n(sec.557-ssec.1) For the proper hearing of an appeal, the appeal body may order— anything necessary be supplied; or defects or errors be corrected.\n(sec.557-ssec.2) The appeal body may make the order at any time before or after the start of the hearing.\n(sec.557-ssec.3) The order may be made on conditions.\n(sec.557-ssec.4) Costs of the order are in the appeal body’s discretion, except to the extent provided under a regulation.\n(sec.557-ssec.5) All parties concerned must comply with the order.\n- (a) anything necessary be supplied; or\n- (b) defects or errors be corrected.","sortOrder":1012},{"sectionNumber":"sec.558","sectionType":"section","heading":"Powers of appeal body","content":"### sec.558 Powers of appeal body\n\nIn deciding an appeal, the appeal body may—\nconfirm the decision; or\nvary the decision; or\nset aside the decision and substitute another decision; or\nset aside the decision and return the matter to the respondent with the directions the appeal body considers appropriate.\nIf the appeal body acts under subsection (1) (b) or (c) , the decision is taken for this Act, other than this part, to be the decision of the insurer.\nCosts of the hearing are in the appeal body’s discretion, except to the extent provided under a regulation.\ns 558 amd 2004 No. 45 s 76\n(sec.558-ssec.1) In deciding an appeal, the appeal body may— confirm the decision; or vary the decision; or set aside the decision and substitute another decision; or set aside the decision and return the matter to the respondent with the directions the appeal body considers appropriate.\n(sec.558-ssec.2) If the appeal body acts under subsection (1) (b) or (c) , the decision is taken for this Act, other than this part, to be the decision of the insurer.\n(sec.558-ssec.3) Costs of the hearing are in the appeal body’s discretion, except to the extent provided under a regulation.\n- (a) confirm the decision; or\n- (b) vary the decision; or\n- (c) set aside the decision and substitute another decision; or\n- (d) set aside the decision and return the matter to the respondent with the directions the appeal body considers appropriate.","sortOrder":1013},{"sectionNumber":"sec.559","sectionType":"section","heading":"Decision of appeal body","content":"### sec.559 Decision of appeal body\n\nThe appeal body must give a written copy of the decision to each party.\ns 559 amd 2004 No. 45 s 77 ; 2016 No. 63 s 1156","sortOrder":1014},{"sectionNumber":"sec.560","sectionType":"section","heading":"Recovery of costs","content":"### sec.560 Recovery of costs\n\nIf the appeal body makes an order for costs, the amount ordered to be paid is a debt payable to the party in whose favour the order is made.\nThe order may be filed in the registry of a court having jurisdiction for the recovery of a debt of the amount.\nOn being filed, the order—\nis taken to be an order properly made by the court; and\nmay be enforced as an order made by the court.\ns 560 amd 2004 No. 45 s 78\n(sec.560-ssec.1) If the appeal body makes an order for costs, the amount ordered to be paid is a debt payable to the party in whose favour the order is made.\n(sec.560-ssec.2) The order may be filed in the registry of a court having jurisdiction for the recovery of a debt of the amount.\n(sec.560-ssec.3) On being filed, the order— is taken to be an order properly made by the court; and may be enforced as an order made by the court.\n- (a) is taken to be an order properly made by the court; and\n- (b) may be enforced as an order made by the court.","sortOrder":1015},{"sectionNumber":"ch.13-pt.3-div.1A","sectionType":"division","heading":"Appeal to industrial court","content":"## Appeal to industrial court","sortOrder":1016},{"sectionNumber":"sec.560A","sectionType":"section","heading":"Application of div 1A","content":"### sec.560A Application of div 1A\n\nThis division applies to the following decisions—\na decision of the industrial commission under chapter 4 , part 6 ;\na decision of an industrial magistrate or the industrial commission under division 1 .\ns 560A ins 2006 No. 22 s 25\n- (a) a decision of the industrial commission under chapter 4 , part 6 ;\n- (b) a decision of an industrial magistrate or the industrial commission under division 1 .","sortOrder":1017},{"sectionNumber":"sec.561","sectionType":"section","heading":"Appeal to industrial court","content":"### sec.561 Appeal to industrial court\n\nA party aggrieved by the industrial magistrate’s or the industrial commission’s decision may appeal to the industrial court.\nThe Industrial Relations Act 2016 applies to the appeal.\nThe appeal is by way of rehearing on the evidence and proceedings before the industrial magistrate or the industrial commission, unless the court orders additional evidence be heard.\nThe court’s decision is final.\ns 561 amd 2004 No. 45 s 79 ; 2006 No. 22 s 26 ; 2011 No. 4 s 66 ; 2016 No. 63 s 1157 sch 6\n(sec.561-ssec.1) A party aggrieved by the industrial magistrate’s or the industrial commission’s decision may appeal to the industrial court.\n(sec.561-ssec.2) The Industrial Relations Act 2016 applies to the appeal.\n(sec.561-ssec.3) The appeal is by way of rehearing on the evidence and proceedings before the industrial magistrate or the industrial commission, unless the court orders additional evidence be heard.\n(sec.561-ssec.4) The court’s decision is final.","sortOrder":1018},{"sectionNumber":"sec.562","sectionType":"section","heading":"Powers of industrial court","content":"### sec.562 Powers of industrial court\n\nIn deciding an appeal, the industrial court may—\nconfirm the decision; or\nvary the decision; or\nset aside the decision and substitute another decision.\nIf, on an appeal in relation to a decision mentioned in section 560A (a) , the court acts under subsection (1) (b) or (c) , the decision of the court is taken for this Act, other than this division, to be the decision of the industrial commission.\nIf, on an appeal in relation to a decision mentioned in section 560A (b) , the court acts under subsection (1) (b) or (c) , the decision of the court is taken for this Act, other than this division, to be the decision of the insurer.\ns 562 amd 2006 No. 22 s 27\n(sec.562-ssec.1) In deciding an appeal, the industrial court may— confirm the decision; or vary the decision; or set aside the decision and substitute another decision.\n(sec.562-ssec.2) If, on an appeal in relation to a decision mentioned in section 560A (a) , the court acts under subsection (1) (b) or (c) , the decision of the court is taken for this Act, other than this division, to be the decision of the industrial commission.\n(sec.562-ssec.3) If, on an appeal in relation to a decision mentioned in section 560A (b) , the court acts under subsection (1) (b) or (c) , the decision of the court is taken for this Act, other than this division, to be the decision of the insurer.\n- (a) confirm the decision; or\n- (b) vary the decision; or\n- (c) set aside the decision and substitute another decision.","sortOrder":1019},{"sectionNumber":"sec.563","sectionType":"section","heading":"Costs of appeal to industrial court","content":"### sec.563 Costs of appeal to industrial court\n\nOn an appeal, the industrial court may order a party to pay costs incurred by another party only if satisfied the party made the application vexatiously or without reasonable cause.\nCosts of the order are to be in accordance with the Industrial Relations (Tribunals) Rules 2011 , rule 70 .\ns 563 amd 2012 No. 17 s 51 sch\n(sec.563-ssec.1) On an appeal, the industrial court may order a party to pay costs incurred by another party only if satisfied the party made the application vexatiously or without reasonable cause.\n(sec.563-ssec.2) Costs of the order are to be in accordance with the Industrial Relations (Tribunals) Rules 2011 , rule 70 .","sortOrder":1020},{"sectionNumber":"sec.564","sectionType":"section","heading":"Recovery of costs","content":"### sec.564 Recovery of costs\n\nIf the industrial court makes an order for costs, the amount ordered to be paid is a debt payable to the party in whose favour the order is made.\nThe order may be filed in the registry of a court having jurisdiction for the recovery of a debt of the amount.\nOn being filed, the order—\nis taken to be an order properly made by the court; and\nmay be enforced as an order made by the court.\n(sec.564-ssec.1) If the industrial court makes an order for costs, the amount ordered to be paid is a debt payable to the party in whose favour the order is made.\n(sec.564-ssec.2) The order may be filed in the registry of a court having jurisdiction for the recovery of a debt of the amount.\n(sec.564-ssec.3) On being filed, the order— is taken to be an order properly made by the court; and may be enforced as an order made by the court.\n- (a) is taken to be an order properly made by the court; and\n- (b) may be enforced as an order made by the court.","sortOrder":1021},{"sectionNumber":"ch.13-pt.3-div.1B","sectionType":"division","heading":"Provisions about particular appealed decisions under divs 1 and 1A","content":"## Provisions about particular appealed decisions under divs 1 and 1A","sortOrder":1022},{"sectionNumber":"sec.565","sectionType":"section","heading":"Decision about amount of premium","content":"### sec.565 Decision about amount of premium\n\nIf the decision appealed against is about an amount of premium, the premium assessed by an industrial magistrate or the industrial court is the premium payable by the employer.\nIf the premium paid by the employer as a condition of the appeal to an industrial magistrate is more than the premium assessed by the industrial magistrate or industrial court, WorkCover must refund the difference to the employer.\n(sec.565-ssec.1) If the decision appealed against is about an amount of premium, the premium assessed by an industrial magistrate or the industrial court is the premium payable by the employer.\n(sec.565-ssec.2) If the premium paid by the employer as a condition of the appeal to an industrial magistrate is more than the premium assessed by the industrial magistrate or industrial court, WorkCover must refund the difference to the employer.","sortOrder":1023},{"sectionNumber":"sec.566","sectionType":"section","heading":"Decision about payment of compensation","content":"### sec.566 Decision about payment of compensation\n\nThis section applies if the industrial commission or the industrial court decides that an insurer is not liable to make payments of compensation to a person.\nThe person who received compensation is not required to refund payment to the insurer.\nSubsection (2) is subject to section 537 .\ns 566 amd 2004 No. 45 s 80 ; 2006 No. 22 s 29 ; 2010 No. 26 s 148\n(sec.566-ssec.1) This section applies if the industrial commission or the industrial court decides that an insurer is not liable to make payments of compensation to a person.\n(sec.566-ssec.2) The person who received compensation is not required to refund payment to the insurer.\n(sec.566-ssec.3) Subsection (2) is subject to section 537 .","sortOrder":1024},{"sectionNumber":"ch.13-pt.3-div.2","sectionType":"division","heading":"Appeal to court of competent jurisdiction","content":"## Appeal to court of competent jurisdiction","sortOrder":1025},{"sectionNumber":"sec.567","sectionType":"section","heading":"Application of div 2","content":"### sec.567 Application of div 2\n\nThis division applies to the following decisions made by the Regulator—\na decision under section 77 relating to the issue of a self-insurer’s licence;\na decision under section 80 relating to the renewal of a self-insurer’s licence;\na decision under section 81 relating to the amount of levy payable by a self-insurer;\na decision under section 87 (2) relating to the procedures followed in calculating a self-insurer’s outstanding liability;\na decision under section 96 relating to the cancellation of a self-insurer’s licence;\na decision under section 103 or 105J to refuse to return all or part of a former self-insurer’s section 84 security.\ns 567 amd 2004 No. 45 s 80 ; 2005 No. 50 s 46 ; 2013 No. 52 s 114 sch 2 ; 2016 No. 44 s 53 sch 1\n- (a) a decision under section 77 relating to the issue of a self-insurer’s licence;\n- (b) a decision under section 80 relating to the renewal of a self-insurer’s licence;\n- (c) a decision under section 81 relating to the amount of levy payable by a self-insurer;\n- (d) a decision under section 87 (2) relating to the procedures followed in calculating a self-insurer’s outstanding liability;\n- (e) a decision under section 96 relating to the cancellation of a self-insurer’s licence;\n- (f) a decision under section 103 or 105J to refuse to return all or part of a former self-insurer’s section 84 security.","sortOrder":1026},{"sectionNumber":"sec.568","sectionType":"section","heading":"Who may appeal","content":"### sec.568 Who may appeal\n\nAn employer or self-insurer aggrieved by the decision may appeal against the decision.","sortOrder":1027},{"sectionNumber":"sec.569","sectionType":"section","heading":"Starting appeals","content":"### sec.569 Starting appeals\n\nThe appeal may be made to a court with jurisdiction in Brisbane.\nThe court that has jurisdiction must be decided according to the amount of—\nfor an appeal against a decision mentioned in section 567 (a) , (b) , (c) , (d) or (e) —the employer’s premium or self-insurer’s deemed levy; or\nfor an appeal against a decision mentioned in section 567 (f) —the section 84 security in dispute.\nA court has jurisdiction if the court has jurisdiction for recovery of a debt of the amount.\nAn appeal may only be made within 20 business days after notice of the decision is given to the employer or self-insurer.\nThe appeal may only be started by—\nfiling a written notice of appeal with the court stating fully the grounds of the appeal and the facts relied on; and\nserving a copy of the notice on the Regulator.\ns 569 amd 2004 No. 45 ss 81 , 3 sch ; 2013 No. 52 s 114 sch 2 ; 2016 No. 44 s 53 sch 1\n(sec.569-ssec.1) The appeal may be made to a court with jurisdiction in Brisbane.\n(sec.569-ssec.2) The court that has jurisdiction must be decided according to the amount of— for an appeal against a decision mentioned in section 567 (a) , (b) , (c) , (d) or (e) —the employer’s premium or self-insurer’s deemed levy; or for an appeal against a decision mentioned in section 567 (f) —the section 84 security in dispute.\n(sec.569-ssec.3) A court has jurisdiction if the court has jurisdiction for recovery of a debt of the amount.\n(sec.569-ssec.4) An appeal may only be made within 20 business days after notice of the decision is given to the employer or self-insurer.\n(sec.569-ssec.5) The appeal may only be started by— filing a written notice of appeal with the court stating fully the grounds of the appeal and the facts relied on; and serving a copy of the notice on the Regulator.\n- (a) for an appeal against a decision mentioned in section 567 (a) , (b) , (c) , (d) or (e) —the employer’s premium or self-insurer’s deemed levy; or\n- (b) for an appeal against a decision mentioned in section 567 (f) —the section 84 security in dispute.\n- (a) filing a written notice of appeal with the court stating fully the grounds of the appeal and the facts relied on; and\n- (b) serving a copy of the notice on the Regulator.","sortOrder":1028},{"sectionNumber":"sec.570","sectionType":"section","heading":"Powers of court on appeal","content":"### sec.570 Powers of court on appeal\n\nIn deciding an appeal, the court—\nhas the same powers as the decision-maker; and\nis not bound by the rules of evidence.\nAn appeal is by way of rehearing.\nThe court may—\nconfirm the decision; or\nset aside the decision and substitute another decision the court considers appropriate; or\nset aside the decision and return the matter to the Regulator with the directions the court considers appropriate.\nDespite subsections (1) to (3) , the court can not decide to issue or renew a licence to be a self-insurer under section 71 (2) or 72 (2) .\ns 570 amd 2013 No. 31 s 78D ; 2013 No. 52 s 114 sch 2\n(sec.570-ssec.1) In deciding an appeal, the court— has the same powers as the decision-maker; and is not bound by the rules of evidence.\n(sec.570-ssec.2) An appeal is by way of rehearing.\n(sec.570-ssec.3) The court may— confirm the decision; or set aside the decision and substitute another decision the court considers appropriate; or set aside the decision and return the matter to the Regulator with the directions the court considers appropriate.\n(sec.570-ssec.4) Despite subsections (1) to (3) , the court can not decide to issue or renew a licence to be a self-insurer under section 71 (2) or 72 (2) .\n- (a) has the same powers as the decision-maker; and\n- (b) is not bound by the rules of evidence.\n- (a) confirm the decision; or\n- (b) set aside the decision and substitute another decision the court considers appropriate; or\n- (c) set aside the decision and return the matter to the Regulator with the directions the court considers appropriate.","sortOrder":1029},{"sectionNumber":"sec.571","sectionType":"section","heading":"Effect of decision of court on appeal","content":"### sec.571 Effect of decision of court on appeal\n\nIf a court substitutes another decision, the substituted decision is taken for this Act, other than this part, to be the Regulator’s decision.\ns 571 amd 2013 No. 52 s 114 sch 2","sortOrder":1030},{"sectionNumber":"ch.14-pt.1","sectionType":"part","heading":"Access to documents and information","content":"# Access to documents and information","sortOrder":1031},{"sectionNumber":"ch.14-pt.1-div.1","sectionType":"division","heading":"Information and documents about pre-existing injuries and medical conditions of prospective worker","content":"## Information and documents about pre-existing injuries and medical conditions of prospective worker","sortOrder":1032},{"sectionNumber":"sec.571A","sectionType":"section","heading":"Definitions for div 1","content":"### sec.571A Definitions for div 1\n\nIn this division—\nemployment process means any process for considering and selecting a person for employment.\nfalse or misleading disclosure means any disclosure that would lead a prospective employer to reasonably believe that the duties the subject of the employment would not aggravate the prospective worker’s pre-existing injury or condition.\npre-existing injury or medical condition , for an employment process, means an injury or medical condition existing during the period of the employment process that a person suspects or, ought reasonably to suspect, would be aggravated by performing the duties the subject of the employment.\nprospective employer means a person conducting an employment process to select a prospective worker for employment.\nprospective worker means a person subject to an employment process for selection for employment.\ns 571A ins 2013 No. 52 s 98","sortOrder":1033},{"sectionNumber":"sec.571B","sectionType":"section","heading":"Obligation to disclose pre-existing injury or medical condition","content":"### sec.571B Obligation to disclose pre-existing injury or medical condition\n\nIf requested by a prospective employer, a prospective worker must disclose to the prospective employer the prospective worker’s pre-existing injury or medical condition, if any.\nSubsection (1) applies only if the request is made in writing and includes the following information—\nthe nature of the duties the subject of the employment;\nthat if the prospective worker knowingly makes a false or misleading disclosure, under section 571C , the prospective worker or any other claimant will not be entitled to compensation or to seek damages for any event that aggravates the pre-existing injury or medical condition.\nHowever, subsection (1) does not apply if the prospective worker is engaged, as a result of the employment process, by the prospective employer before the worker has had a reasonable opportunity to comply with subsection (1) .\ns 571B ins 2013 No. 52 s 98\n(sec.571B-ssec.1) If requested by a prospective employer, a prospective worker must disclose to the prospective employer the prospective worker’s pre-existing injury or medical condition, if any.\n(sec.571B-ssec.2) Subsection (1) applies only if the request is made in writing and includes the following information— the nature of the duties the subject of the employment; that if the prospective worker knowingly makes a false or misleading disclosure, under section 571C , the prospective worker or any other claimant will not be entitled to compensation or to seek damages for any event that aggravates the pre-existing injury or medical condition.\n(sec.571B-ssec.3) However, subsection (1) does not apply if the prospective worker is engaged, as a result of the employment process, by the prospective employer before the worker has had a reasonable opportunity to comply with subsection (1) .\n- (a) the nature of the duties the subject of the employment;\n- (b) that if the prospective worker knowingly makes a false or misleading disclosure, under section 571C , the prospective worker or any other claimant will not be entitled to compensation or to seek damages for any event that aggravates the pre-existing injury or medical condition.","sortOrder":1034},{"sectionNumber":"sec.571C","sectionType":"section","heading":"False or misleading disclosure","content":"### sec.571C False or misleading disclosure\n\nThis section applies if a prospective worker—\nhas a pre-existing injury or medical condition; and\nknowingly makes a false or misleading disclosure under section 571B in relation to the injury or medical condition; and\nis employed under the employment process.\nThe prospective worker or any other claimant is not entitled to compensation or to seek damages for any event that aggravates the pre-existing injury or medical condition.\ns 571C ins 2013 No. 52 s 98\n(sec.571C-ssec.1) This section applies if a prospective worker— has a pre-existing injury or medical condition; and knowingly makes a false or misleading disclosure under section 571B in relation to the injury or medical condition; and is employed under the employment process.\n(sec.571C-ssec.2) The prospective worker or any other claimant is not entitled to compensation or to seek damages for any event that aggravates the pre-existing injury or medical condition.\n- (a) has a pre-existing injury or medical condition; and\n- (b) knowingly makes a false or misleading disclosure under section 571B in relation to the injury or medical condition; and\n- (c) is employed under the employment process.","sortOrder":1035},{"sectionNumber":"sec.571D","sectionType":"section","heading":null,"content":"### Section sec.571D\n\ns 571D ins 2013 No. 52 s 98\nom 2015 No. 13 s 30","sortOrder":1036},{"sectionNumber":"ch.14-pt.1-div.2","sectionType":"division","heading":"Other documents and information","content":"## Other documents and information","sortOrder":1037},{"sectionNumber":"sec.572","sectionType":"section","heading":"Claimant or worker entitled to obtain certain documents","content":"### sec.572 Claimant or worker entitled to obtain certain documents\n\nA person who is a claimant or worker for any provision of this Act may, by written notice, ask the Regulator or the insurer (the document holder ) to give the person a copy of documents required to be kept by the document holder that relate to the person’s application for compensation or claim for damages.\nThe document holder must give the claimant or worker a copy of the documents requested within 20 business days after the claimant or worker gives the notice, unless the document holder has a reasonable excuse for not doing so.\nWithout limiting subsection (2) , it is a reasonable excuse for the document holder not to give the document or part of the document if—\nthe document or part is protected by legal professional privilege; or\nthe document or part would alert the claimant or worker to the document holder’s reasonable suspicion of fraud in relation to the application for compensation or claim for damages; or\nthe document holder believes the matter contained in the document would meet the requirements of the Right to Information Act 2009 , schedule 3 .\ns 572 amd 2004 No. 45 s 3 sch ; 2005 No. 11 s 62 ; 2009 No. 13 s 213 sch 5 ; 2013 No. 52 s 99\n(sec.572-ssec.1) A person who is a claimant or worker for any provision of this Act may, by written notice, ask the Regulator or the insurer (the document holder ) to give the person a copy of documents required to be kept by the document holder that relate to the person’s application for compensation or claim for damages.\n(sec.572-ssec.2) The document holder must give the claimant or worker a copy of the documents requested within 20 business days after the claimant or worker gives the notice, unless the document holder has a reasonable excuse for not doing so.\n(sec.572-ssec.3) Without limiting subsection (2) , it is a reasonable excuse for the document holder not to give the document or part of the document if— the document or part is protected by legal professional privilege; or the document or part would alert the claimant or worker to the document holder’s reasonable suspicion of fraud in relation to the application for compensation or claim for damages; or the document holder believes the matter contained in the document would meet the requirements of the Right to Information Act 2009 , schedule 3 .\n- (a) the document or part is protected by legal professional privilege; or\n- (b) the document or part would alert the claimant or worker to the document holder’s reasonable suspicion of fraud in relation to the application for compensation or claim for damages; or\n- (c) the document holder believes the matter contained in the document would meet the requirements of the Right to Information Act 2009 , schedule 3 .","sortOrder":1038},{"sectionNumber":"sec.572A","sectionType":"section","heading":"Access to particular documents for employment purposes prohibited","content":"### sec.572A Access to particular documents for employment purposes prohibited\n\nA person must not, for a purpose relating to the employment of a worker by the person or another person—\nobtain or attempt to obtain a workers’ compensation document about the worker; or\nuse or attempt to use a workers’ compensation document about the worker.\nMaximum penalty—100 penalty units.\nHowever, subsection (1) does not apply to a workers’ compensation document relating to the worker’s capacity to work if the document is necessary to secure the worker’s rehabilitation or early return to work under chapter 4 .\nIn this section—\nemployment means any process for selecting a person for employment or for deciding whether the employment of a person is to continue.\nworker means a person who is or was a claimant or worker for any provision of this Act or a former Act.\nworkers’ compensation document , about a worker, means any document relating to the worker’s application for compensation or claim for damages under this Act or a former Act.\ns 572A ins 2005 No. 11 s 63\n(sec.572A-ssec.1) A person must not, for a purpose relating to the employment of a worker by the person or another person— obtain or attempt to obtain a workers’ compensation document about the worker; or use or attempt to use a workers’ compensation document about the worker. Maximum penalty—100 penalty units.\n(sec.572A-ssec.2) However, subsection (1) does not apply to a workers’ compensation document relating to the worker’s capacity to work if the document is necessary to secure the worker’s rehabilitation or early return to work under chapter 4 .\n(sec.572A-ssec.3) In this section— employment means any process for selecting a person for employment or for deciding whether the employment of a person is to continue. worker means a person who is or was a claimant or worker for any provision of this Act or a former Act. workers’ compensation document , about a worker, means any document relating to the worker’s application for compensation or claim for damages under this Act or a former Act.\n- (a) obtain or attempt to obtain a workers’ compensation document about the worker; or\n- (b) use or attempt to use a workers’ compensation document about the worker.","sortOrder":1039},{"sectionNumber":"sec.573","sectionType":"section","heading":"Permissible disclosure of information","content":"### sec.573 Permissible disclosure of information\n\nThe Commissioner of State Revenue appointed under the Taxation Administration Act 2001 may disclose to the Regulator or WorkCover any information—\nthe commissioner has about anything under the Payroll Tax Act 1971 ; and\nthat relates to any matter under this Act or touching the administration of this Act.\nThe chief executive of the department within which the Work Health and Safety Act 2011 is administered may disclose to the Regulator or WorkCover any information the chief executive has relating to any matter under this Act or touching the administration of this Act.\nThe Regulator or WorkCover may disclose to the Commissioner of State Revenue any information it has about anything under the Payroll Tax Act 1971 or touching the administration of that Act.\nThe Regulator or WorkCover may disclose, to the chief executive of the department within which the Work Health and Safety Act 2011 is administered, statistical or other information that would help in the performance of its administrative functions.\nThe Regulator may, if asked by an insurer, disclose to the insurer any information it has that is relevant to a claim against the insurer.\nAn insurer may, if asked by another insurer (the other insurer ), disclose to the other insurer any information it has that is relevant to a claim against the other insurer.\nAn insurer must, if asked by the Regulator, disclose to the Regulator statistical or other information in the way required by the Regulator, but only to discharge the Regulator’s functions under this Act.\nSubsections (1) to (5) apply despite a provision of this or another Act.\nIf a person has information because the person is, or was, a prescribed person, the person must not disclose the information, unless the disclosure—\nis for the Regulator, WorkCover or this Act; or\nis required or authorised by this or another Act; or\nis authorised by the Regulator or WorkCover’s chief executive officer, generally or in a particular case.\nIn this section—\nformer Authority means the Workers’ Compensation Regulatory Authority established under this Act as in force before the commencement of this definition.\nprescribed person means—\nthe Regulator; or\na director or employee of WorkCover; or\na director or employee of the former Authority.\ns 573 amd 2004 No. 45 s 82 ; 2004 No. 46 s 41 sch\nsub 2005 No. 11 s 64\namd 2009 No. 19 s 94 sch 1 ; 2011 No. 18 s 404 sch 4 pt 1 ; 2013 No. 52 s 100\n(sec.573-ssec.1) The Commissioner of State Revenue appointed under the Taxation Administration Act 2001 may disclose to the Regulator or WorkCover any information— the commissioner has about anything under the Payroll Tax Act 1971 ; and that relates to any matter under this Act or touching the administration of this Act.\n(sec.573-ssec.1A) The chief executive of the department within which the Work Health and Safety Act 2011 is administered may disclose to the Regulator or WorkCover any information the chief executive has relating to any matter under this Act or touching the administration of this Act.\n(sec.573-ssec.2) The Regulator or WorkCover may disclose to the Commissioner of State Revenue any information it has about anything under the Payroll Tax Act 1971 or touching the administration of that Act.\n(sec.573-ssec.3) The Regulator or WorkCover may disclose, to the chief executive of the department within which the Work Health and Safety Act 2011 is administered, statistical or other information that would help in the performance of its administrative functions.\n(sec.573-ssec.3A) The Regulator may, if asked by an insurer, disclose to the insurer any information it has that is relevant to a claim against the insurer.\n(sec.573-ssec.4) An insurer may, if asked by another insurer (the other insurer ), disclose to the other insurer any information it has that is relevant to a claim against the other insurer.\n(sec.573-ssec.5) An insurer must, if asked by the Regulator, disclose to the Regulator statistical or other information in the way required by the Regulator, but only to discharge the Regulator’s functions under this Act.\n(sec.573-ssec.6) Subsections (1) to (5) apply despite a provision of this or another Act.\n(sec.573-ssec.7) If a person has information because the person is, or was, a prescribed person, the person must not disclose the information, unless the disclosure— is for the Regulator, WorkCover or this Act; or is required or authorised by this or another Act; or is authorised by the Regulator or WorkCover’s chief executive officer, generally or in a particular case.\n(sec.573-ssec.8) In this section— former Authority means the Workers’ Compensation Regulatory Authority established under this Act as in force before the commencement of this definition. prescribed person means— the Regulator; or a director or employee of WorkCover; or a director or employee of the former Authority.\n- (a) the commissioner has about anything under the Payroll Tax Act 1971 ; and\n- (b) that relates to any matter under this Act or touching the administration of this Act.\n- (a) is for the Regulator, WorkCover or this Act; or\n- (b) is required or authorised by this or another Act; or\n- (c) is authorised by the Regulator or WorkCover’s chief executive officer, generally or in a particular case.\n- (a) the Regulator; or\n- (b) a director or employee of WorkCover; or\n- (c) a director or employee of the former Authority.","sortOrder":1040},{"sectionNumber":"sec.573A","sectionType":"section","heading":"Disclosure of information for administering claim farming provisions","content":"### sec.573A Disclosure of information for administering claim farming provisions\n\nThis section applies if, in exercising a power or performing a function under a claim farming provision under this Act, the Regulator obtains information.\nThe Regulator may disclose the information to a relevant entity if the Regulator believes the information is relevant to—\nthe administration by the relevant entity of a claim farming provision; or\nmonitoring and identifying patterns or trends in conduct to which claim farming provisions apply.\nInformation disclosed under this section must not be used for any purpose other than the administration of a claim farming provision.\nIn this section—\nclaim farming provision means—\nchapter 6B ; and\neach of the following provisions of the Motor Accident Insurance Act 1994 —\npart 4 , division 2A ;\nsections 37AA , 37AB , 39A and 41A ;\npart 5AA ; and\neach of the following provisions of the Personal Injuries Proceedings Act 2002 —\nchapter 2 , part 1 , division 1AA ;\nsection 9B , 9C or 13A ;\nchapter 2 , part 4 ;\nchapter 3 , parts 2 and 2A .\nrelevant entity means each of the following—\nthe Motor Accident Insurance Commission established under the Motor Accident Insurance Act 1994 , section 6 ;\nthe Legal Services Commission continued in existence under the Legal Profession Act 2007 , section 591 .\ns 573A ins 2022 No. 13 s 62\n(sec.573A-ssec.1) This section applies if, in exercising a power or performing a function under a claim farming provision under this Act, the Regulator obtains information.\n(sec.573A-ssec.2) The Regulator may disclose the information to a relevant entity if the Regulator believes the information is relevant to— the administration by the relevant entity of a claim farming provision; or monitoring and identifying patterns or trends in conduct to which claim farming provisions apply.\n(sec.573A-ssec.3) Information disclosed under this section must not be used for any purpose other than the administration of a claim farming provision.\n(sec.573A-ssec.4) In this section— claim farming provision means— chapter 6B ; and each of the following provisions of the Motor Accident Insurance Act 1994 — part 4 , division 2A ; sections 37AA , 37AB , 39A and 41A ; part 5AA ; and each of the following provisions of the Personal Injuries Proceedings Act 2002 — chapter 2 , part 1 , division 1AA ; section 9B , 9C or 13A ; chapter 2 , part 4 ; chapter 3 , parts 2 and 2A . relevant entity means each of the following— the Motor Accident Insurance Commission established under the Motor Accident Insurance Act 1994 , section 6 ; the Legal Services Commission continued in existence under the Legal Profession Act 2007 , section 591 .\n- (a) the administration by the relevant entity of a claim farming provision; or\n- (b) monitoring and identifying patterns or trends in conduct to which claim farming provisions apply.\n- (a) chapter 6B ; and\n- (b) each of the following provisions of the Motor Accident Insurance Act 1994 — (i) part 4 , division 2A ; (ii) sections 37AA , 37AB , 39A and 41A ; (iii) part 5AA ; and\n- (i) part 4 , division 2A ;\n- (ii) sections 37AA , 37AB , 39A and 41A ;\n- (iii) part 5AA ; and\n- (c) each of the following provisions of the Personal Injuries Proceedings Act 2002 — (i) chapter 2 , part 1 , division 1AA ; (ii) section 9B , 9C or 13A ; (iii) chapter 2 , part 4 ; (iv) chapter 3 , parts 2 and 2A .\n- (i) chapter 2 , part 1 , division 1AA ;\n- (ii) section 9B , 9C or 13A ;\n- (iii) chapter 2 , part 4 ;\n- (iv) chapter 3 , parts 2 and 2A .\n- (i) part 4 , division 2A ;\n- (ii) sections 37AA , 37AB , 39A and 41A ;\n- (iii) part 5AA ; and\n- (i) chapter 2 , part 1 , division 1AA ;\n- (ii) section 9B , 9C or 13A ;\n- (iii) chapter 2 , part 4 ;\n- (iv) chapter 3 , parts 2 and 2A .\n- (a) the Motor Accident Insurance Commission established under the Motor Accident Insurance Act 1994 , section 6 ;\n- (b) the Legal Services Commission continued in existence under the Legal Profession Act 2007 , section 591 .","sortOrder":1041},{"sectionNumber":"sec.574","sectionType":"section","heading":"Information from commissioner of police service","content":"### sec.574 Information from commissioner of police service\n\nThe commissioner of the police service may, on the written request of the Regulator or WorkCover’s chief executive officer, give to the Regulator or WorkCover information mentioned in subsection (2) about a person the Regulator or WorkCover reasonably suspects to have committed an offence against this Act.\nThe information that may be given is—\nthe person’s criminal history; and\nany brief of evidence compiled by the Queensland Police Service on anything mentioned in the person’s criminal history; and\nany document about any complaint made against the person.\nFor this section, the Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply.\nInformation given to the Regulator or WorkCover by the commissioner of the police service under this section must not be used for any purpose other than an investigation or prosecution under this Act.\ns 574 amd 2013 No. 52 s 101\n(sec.574-ssec.1) The commissioner of the police service may, on the written request of the Regulator or WorkCover’s chief executive officer, give to the Regulator or WorkCover information mentioned in subsection (2) about a person the Regulator or WorkCover reasonably suspects to have committed an offence against this Act.\n(sec.574-ssec.2) The information that may be given is— the person’s criminal history; and any brief of evidence compiled by the Queensland Police Service on anything mentioned in the person’s criminal history; and any document about any complaint made against the person.\n(sec.574-ssec.3) For this section, the Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply.\n(sec.574-ssec.4) Information given to the Regulator or WorkCover by the commissioner of the police service under this section must not be used for any purpose other than an investigation or prosecution under this Act.\n- (a) the person’s criminal history; and\n- (b) any brief of evidence compiled by the Queensland Police Service on anything mentioned in the person’s criminal history; and\n- (c) any document about any complaint made against the person.","sortOrder":1042},{"sectionNumber":"sec.575","sectionType":"section","heading":"Information use immunity","content":"### sec.575 Information use immunity\n\nInformation obtained from a person in relation to an application for compensation or a claim for damages can not be used against the person in a proceeding for an offence under any other Act, other than—\na proceeding in which it is alleged the information was false or misleading; or\na proceeding for an offence against a claim farming provision within the meaning of section 573A (4) .\ns 575 amd 2022 No. 13 s 63\n- (a) a proceeding in which it is alleged the information was false or misleading; or\n- (b) a proceeding for an offence against a claim farming provision within the meaning of section 573A (4) .","sortOrder":1043},{"sectionNumber":"sec.576","sectionType":"section","heading":"Information not actionable","content":"### sec.576 Information not actionable\n\nThis section applies to an action for defamation, or a proceeding for other redress, about the disclosure of information in the possession of the Regulator or an insurer, or traceable to that possession.\nAction can not be brought against the Regulator or the insurer, or a person acting for any of them, by a person claiming to be aggrieved about the disclosure in relation to—\na claimant’s physical or mental condition; or\na claimant’s capacity or incapacity for work; or\nthe credibility of any of the following—\nan employer;\nan insurer;\na claimant;\na contributor;\nanother person involved in the claim, if the disclosure is relevant to the claim.\nSubsections (1) and (2) apply to—\ninformation in the possession of WorkCover only to the extent the information came into WorkCover’s possession—\nunder its powers and functions under the Act ; or\nbecause of a disclosure by the Regulator under section 573 (3A) or an insurer under section 573 (4) ; and\ninformation in the possession of a self-insurer only to the extent the information came into the self-insurer’s possession—\nunder its powers and functions under section 92 or 92A ; or\nbecause of a disclosure by the Regulator under section 573 (3A) or an insurer under section 573 (4) .\nIn this section—\nclaimant means a person for whose injury, or purported injury, compensation or damages is sought, is being paid or has been paid.\ninformation includes opinion and comment.\ns 576 amd 2003 No. 85 s 28 sch ; 2004 No. 45 s 83 ; 2013 No. 52 s 114 sch 2\n(sec.576-ssec.1) This section applies to an action for defamation, or a proceeding for other redress, about the disclosure of information in the possession of the Regulator or an insurer, or traceable to that possession.\n(sec.576-ssec.2) Action can not be brought against the Regulator or the insurer, or a person acting for any of them, by a person claiming to be aggrieved about the disclosure in relation to— a claimant’s physical or mental condition; or a claimant’s capacity or incapacity for work; or the credibility of any of the following— an employer; an insurer; a claimant; a contributor; another person involved in the claim, if the disclosure is relevant to the claim.\n(sec.576-ssec.3) Subsections (1) and (2) apply to— information in the possession of WorkCover only to the extent the information came into WorkCover’s possession— under its powers and functions under the Act ; or because of a disclosure by the Regulator under section 573 (3A) or an insurer under section 573 (4) ; and information in the possession of a self-insurer only to the extent the information came into the self-insurer’s possession— under its powers and functions under section 92 or 92A ; or because of a disclosure by the Regulator under section 573 (3A) or an insurer under section 573 (4) .\n(sec.576-ssec.4) In this section— claimant means a person for whose injury, or purported injury, compensation or damages is sought, is being paid or has been paid. information includes opinion and comment.\n- (a) a claimant’s physical or mental condition; or\n- (b) a claimant’s capacity or incapacity for work; or\n- (c) the credibility of any of the following— (i) an employer; (ii) an insurer; (iii) a claimant; (iv) a contributor; (v) another person involved in the claim, if the disclosure is relevant to the claim.\n- (i) an employer;\n- (ii) an insurer;\n- (iii) a claimant;\n- (iv) a contributor;\n- (v) another person involved in the claim, if the disclosure is relevant to the claim.\n- (i) an employer;\n- (ii) an insurer;\n- (iii) a claimant;\n- (iv) a contributor;\n- (v) another person involved in the claim, if the disclosure is relevant to the claim.\n- (a) information in the possession of WorkCover only to the extent the information came into WorkCover’s possession— (i) under its powers and functions under the Act ; or (ii) because of a disclosure by the Regulator under section 573 (3A) or an insurer under section 573 (4) ; and\n- (i) under its powers and functions under the Act ; or\n- (ii) because of a disclosure by the Regulator under section 573 (3A) or an insurer under section 573 (4) ; and\n- (b) information in the possession of a self-insurer only to the extent the information came into the self-insurer’s possession— (i) under its powers and functions under section 92 or 92A ; or (ii) because of a disclosure by the Regulator under section 573 (3A) or an insurer under section 573 (4) .\n- (i) under its powers and functions under section 92 or 92A ; or\n- (ii) because of a disclosure by the Regulator under section 573 (3A) or an insurer under section 573 (4) .\n- (i) under its powers and functions under the Act ; or\n- (ii) because of a disclosure by the Regulator under section 573 (3A) or an insurer under section 573 (4) ; and\n- (i) under its powers and functions under section 92 or 92A ; or\n- (ii) because of a disclosure by the Regulator under section 573 (3A) or an insurer under section 573 (4) .","sortOrder":1044},{"sectionNumber":"ch.14-pt.1A","sectionType":"part","heading":"Information provisions for building and construction industry","content":"# Information provisions for building and construction industry","sortOrder":1045},{"sectionNumber":"sec.576A","sectionType":"section","heading":"Definitions for pt 1A","content":"### sec.576A Definitions for pt 1A\n\nIn this part—\nbuilding and construction industry see the Building and Construction Industry (Portable Long Service Leave) Act 1991 , section 3AA .\nconstruction project means a project involving construction work, if the total of all costs relating directly or indirectly to the construction work is at least $80,000.\ncosts of labour, materials, plant, equipment, design, project management, consultancy, prefabricated goods, commissioning, installation\nconstruction work means work in the building and construction industry.\nprincipal contractor , for a construction project, see section 576B .\nrelevant contractor , for a construction project, means a person who has made a contract with someone else for the performance of construction work, or the provision of a service in the building and construction industry, for the construction project.\ns 576A ins 2011 No. 18 s 408","sortOrder":1046},{"sectionNumber":"sec.576B","sectionType":"section","heading":"Who is the principal contractor for a construction project","content":"### sec.576B Who is the principal contractor for a construction project\n\nFor this part, a person who commissions a construction project is the principal contractor for the construction project.\nHowever, if the person mentioned in subsection (1) engages another person as the principal contractor for the construction project and authorises the person engaged to have the management and control of the construction project, the person engaged is the principal contractor for the construction project.\nIf 2 or more persons are the principal contractor for the construction project under subsection (1) or (2) , those persons must perform the functions, or exercise the powers, of the principal contractor by acting jointly.\ns 576B ins 2011 No. 18 s 408\n(sec.576B-ssec.1) For this part, a person who commissions a construction project is the principal contractor for the construction project.\n(sec.576B-ssec.2) However, if the person mentioned in subsection (1) engages another person as the principal contractor for the construction project and authorises the person engaged to have the management and control of the construction project, the person engaged is the principal contractor for the construction project.\n(sec.576B-ssec.3) If 2 or more persons are the principal contractor for the construction project under subsection (1) or (2) , those persons must perform the functions, or exercise the powers, of the principal contractor by acting jointly.","sortOrder":1047},{"sectionNumber":"sec.576C","sectionType":"section","heading":"Principal contractor may require relevant contractor to give document confirming insurance status","content":"### sec.576C Principal contractor may require relevant contractor to give document confirming insurance status\n\nThis section applies in relation to a relevant contractor for a construction project who is an employer.\nThe principal contractor for the construction project may, by written notice, ask the relevant contractor to give the principal contractor a copy of the following document (the required document )—\nif the relevant contractor is a self-insurer—the relevant contractor’s licence to be a self-insurer;\notherwise—\na certificate of currency for the relevant contractor’s policy of insurance required under section 48 ; or\nevidence of an exemption under section 49 and a certificate of currency for the relevant contractor’s policy of insurance for the relevant contractor’s workers under another law.\nThe relevant contractor must, unless the relevant contractor has a reasonable excuse, give the principal contractor the required document within 10 business days after being given the notice under subsection (2) .\nMaximum penalty—25 penalty units.\nIn this section—\ncertificate of currency , for a policy of insurance, means a certificate issued by the insurer stating at least each of the following—\nthe name of the policy holder;\nthe policy holder’s ABN or ACN;\nthe policy number;\nthe name of the insurer;\nthe amount and type of insurance;\nthe period of insurance for which the certificate is issued.\ns 576C ins 2011 No. 18 s 408\n(sec.576C-ssec.1) This section applies in relation to a relevant contractor for a construction project who is an employer.\n(sec.576C-ssec.2) The principal contractor for the construction project may, by written notice, ask the relevant contractor to give the principal contractor a copy of the following document (the required document )— if the relevant contractor is a self-insurer—the relevant contractor’s licence to be a self-insurer; otherwise— a certificate of currency for the relevant contractor’s policy of insurance required under section 48 ; or evidence of an exemption under section 49 and a certificate of currency for the relevant contractor’s policy of insurance for the relevant contractor’s workers under another law.\n(sec.576C-ssec.3) The relevant contractor must, unless the relevant contractor has a reasonable excuse, give the principal contractor the required document within 10 business days after being given the notice under subsection (2) . Maximum penalty—25 penalty units.\n(sec.576C-ssec.4) In this section— certificate of currency , for a policy of insurance, means a certificate issued by the insurer stating at least each of the following— the name of the policy holder; the policy holder’s ABN or ACN; the policy number; the name of the insurer; the amount and type of insurance; the period of insurance for which the certificate is issued.\n- (a) if the relevant contractor is a self-insurer—the relevant contractor’s licence to be a self-insurer;\n- (b) otherwise— (i) a certificate of currency for the relevant contractor’s policy of insurance required under section 48 ; or (ii) evidence of an exemption under section 49 and a certificate of currency for the relevant contractor’s policy of insurance for the relevant contractor’s workers under another law.\n- (i) a certificate of currency for the relevant contractor’s policy of insurance required under section 48 ; or\n- (ii) evidence of an exemption under section 49 and a certificate of currency for the relevant contractor’s policy of insurance for the relevant contractor’s workers under another law.\n- (i) a certificate of currency for the relevant contractor’s policy of insurance required under section 48 ; or\n- (ii) evidence of an exemption under section 49 and a certificate of currency for the relevant contractor’s policy of insurance for the relevant contractor’s workers under another law.\n- (a) the name of the policy holder;\n- (b) the policy holder’s ABN or ACN;\n- (c) the policy number;\n- (d) the name of the insurer;\n- (e) the amount and type of insurance;\n- (f) the period of insurance for which the certificate is issued.","sortOrder":1048},{"sectionNumber":"sec.576D","sectionType":"section","heading":"Injury data for construction projects","content":"### sec.576D Injury data for construction projects\n\nWorkCover may—\ncompile injury data for a construction project, to the extent the data relates to relevant contractors for the construction project who are not self-insurers; and\ngive the injury data to the principal contractor for the construction project.\nThe Regulator may, on the request of the principal contractor for the construction project, give the principal contractor injury data for the construction project, to the extent the data relates to relevant contractors who are self-insurers.\nIn this section—\ninjury data , for a construction project, means the following information about each relevant contractor for the construction project—\nthe relevant contractor’s name;\nthe number and type of injuries sustained by workers on the project for which applications for compensation have been made under section 132 ;\nthe date the injuries were sustained;\nthe address of the site at which the injuries were sustained.\ns 576D ins 2011 No. 18 s 408\namd 2013 No. 52 s 114 sch 2\n(sec.576D-ssec.1) WorkCover may— compile injury data for a construction project, to the extent the data relates to relevant contractors for the construction project who are not self-insurers; and give the injury data to the principal contractor for the construction project.\n(sec.576D-ssec.2) The Regulator may, on the request of the principal contractor for the construction project, give the principal contractor injury data for the construction project, to the extent the data relates to relevant contractors who are self-insurers.\n(sec.576D-ssec.3) In this section— injury data , for a construction project, means the following information about each relevant contractor for the construction project— the relevant contractor’s name; the number and type of injuries sustained by workers on the project for which applications for compensation have been made under section 132 ; the date the injuries were sustained; the address of the site at which the injuries were sustained.\n- (a) compile injury data for a construction project, to the extent the data relates to relevant contractors for the construction project who are not self-insurers; and\n- (b) give the injury data to the principal contractor for the construction project.\n- (a) the relevant contractor’s name;\n- (b) the number and type of injuries sustained by workers on the project for which applications for compensation have been made under section 132 ;\n- (c) the date the injuries were sustained;\n- (d) the address of the site at which the injuries were sustained.","sortOrder":1049},{"sectionNumber":"sec.576E","sectionType":"section","heading":"Restriction on disclosure by principal contractor of information obtained under this part","content":"### sec.576E Restriction on disclosure by principal contractor of information obtained under this part\n\nThis section applies to a person who is or has been the principal contractor, or a director or employee of the principal contractor, for a construction project.\nThe person must not disclose any information received under this part if it identifies, directly or indirectly, any person to whom it relates.\nMaximum penalty—100 penalty units.\ns 576E ins 2011 No. 18 s 408\n(sec.576E-ssec.1) This section applies to a person who is or has been the principal contractor, or a director or employee of the principal contractor, for a construction project.\n(sec.576E-ssec.2) The person must not disclose any information received under this part if it identifies, directly or indirectly, any person to whom it relates. Maximum penalty—100 penalty units.","sortOrder":1050},{"sectionNumber":"ch.14-pt.2","sectionType":"part","heading":"Audits","content":"# Audits","sortOrder":1051},{"sectionNumber":"sec.577","sectionType":"section","heading":"Audit of wages and contracts","content":"### sec.577 Audit of wages and contracts\n\nThe Regulator may engage the services of a person (an authorised auditor ) who, in the Regulator’s opinion, has appropriate qualifications and experience to carry out an audit of—\nwages paid by or on behalf of a self-insurer to, or on account of, workers employed by the self-insurer; and\ncontracts let by or on behalf of a self-insurer for performance of work.\nWorkCover may engage the services of a person (also an authorised auditor ) who, in WorkCover’s opinion, has appropriate qualifications and experience to carry out an audit of—\nwages paid by or on behalf of an employer to, or on account of, workers employed by the employer; and\ncontracts let by or on behalf of an employer for performance of work.\nFor conducting an audit, an authorised auditor is entitled, at all reasonable times, to full and free access to the documents prescribed under a regulation for section 532D (1) that—\nare relevant to the audit; and\nbelong to, are in the custody of, or are under the control of, the employer.\ns 577 amd 2013 No. 52 s 114 sch 2\n(sec.577-ssec.1) The Regulator may engage the services of a person (an authorised auditor ) who, in the Regulator’s opinion, has appropriate qualifications and experience to carry out an audit of— wages paid by or on behalf of a self-insurer to, or on account of, workers employed by the self-insurer; and contracts let by or on behalf of a self-insurer for performance of work.\n(sec.577-ssec.2) WorkCover may engage the services of a person (also an authorised auditor ) who, in WorkCover’s opinion, has appropriate qualifications and experience to carry out an audit of— wages paid by or on behalf of an employer to, or on account of, workers employed by the employer; and contracts let by or on behalf of an employer for performance of work.\n(sec.577-ssec.3) For conducting an audit, an authorised auditor is entitled, at all reasonable times, to full and free access to the documents prescribed under a regulation for section 532D (1) that— are relevant to the audit; and belong to, are in the custody of, or are under the control of, the employer.\n- (a) wages paid by or on behalf of a self-insurer to, or on account of, workers employed by the self-insurer; and\n- (b) contracts let by or on behalf of a self-insurer for performance of work.\n- (a) wages paid by or on behalf of an employer to, or on account of, workers employed by the employer; and\n- (b) contracts let by or on behalf of an employer for performance of work.\n- (a) are relevant to the audit; and\n- (b) belong to, are in the custody of, or are under the control of, the employer.","sortOrder":1052},{"sectionNumber":"ch.14-pt.3","sectionType":"part","heading":"Proceedings","content":"# Proceedings","sortOrder":1053},{"sectionNumber":"sec.578","sectionType":"section","heading":"Proceedings for offences against ch 8","content":"### sec.578 Proceedings for offences against ch 8\n\nThis section applies to a proceeding for an offence against chapter 8 .\nSubject to subsections (2) to (4) , a proceeding for an offence against chapter 8 is to be taken in a summary way under the Justices Act 1886 before an industrial magistrate on the complaint of—\nthe Regulator; or\na person authorised for the purpose by the Regulator; or\nthe Attorney-General.\nA proceeding for a prescribed offence may, at the election of the prosecution, be taken—\nin a summary way under the Justices Act 1886 ; or\non indictment.\nA proceeding must be before a magistrate if it is a proceeding—\nwith a view to the summary conviction of a person on a charge of a prescribed offence; or\nfor an examination of witnesses in relation to a charge for a prescribed offence.\nHowever, if a proceeding for a prescribed offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order under the Justices of the Peace and Commissioners for Declarations Act 1991 .\nA proceeding for an offence in a summary way must start—\nwithin 1 year after the commission of the offence; or\nwithin 6 months after the commission of the offence comes to the complainant’s knowledge;\nwhichever is the later.\nIf—\na person charged with a prescribed offence, in relation to which a proceeding is taken by way of a summary proceeding, asks, at the start of the proceeding, that the charge be prosecuted on indictment; or\nthe magistrate hearing and deciding a charge of a prescribed offence is of the opinion that the charge ought to be prosecuted on indictment;\nthe magistrate—\nmust not hear and decide the charge as a summary offence; but\nmust proceed by way of an examination of witnesses in relation to an indictable offence.\nIf a magistrate acts under subsection (6) —\nany plea of the person charged, made at the start of the proceeding, must be disregarded; and\nany evidence brought in the proceeding before the magistrate decided to act under subsection (6) is taken to be evidence in the proceeding with a view to the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .\nThe maximum penalty that may be imposed on a summary conviction of a prescribed offence is 100 penalty units or 1 year’s imprisonment.\nA prescribed offence is—\nfor a prescribed offence for which the maximum penalty of imprisonment is less than 5 years—a misdemeanour; or\notherwise—a crime.\nIn this section—\nprescribed offence means an offence against this Act for which the maximum penalty of imprisonment is 2 years imprisonment or more.\ns 578 amd 2010 No. 24 s 3 sch ; 2016 No. 44 s 44\n(sec.578-ssec.1) This section applies to a proceeding for an offence against chapter 8 .\n(sec.578-ssec.1A) Subject to subsections (2) to (4) , a proceeding for an offence against chapter 8 is to be taken in a summary way under the Justices Act 1886 before an industrial magistrate on the complaint of— the Regulator; or a person authorised for the purpose by the Regulator; or the Attorney-General.\n(sec.578-ssec.2) A proceeding for a prescribed offence may, at the election of the prosecution, be taken— in a summary way under the Justices Act 1886 ; or on indictment.\n(sec.578-ssec.3) A proceeding must be before a magistrate if it is a proceeding— with a view to the summary conviction of a person on a charge of a prescribed offence; or for an examination of witnesses in relation to a charge for a prescribed offence.\n(sec.578-ssec.4) However, if a proceeding for a prescribed offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order under the Justices of the Peace and Commissioners for Declarations Act 1991 .\n(sec.578-ssec.5) A proceeding for an offence in a summary way must start— within 1 year after the commission of the offence; or within 6 months after the commission of the offence comes to the complainant’s knowledge; whichever is the later.\n(sec.578-ssec.6) If— a person charged with a prescribed offence, in relation to which a proceeding is taken by way of a summary proceeding, asks, at the start of the proceeding, that the charge be prosecuted on indictment; or the magistrate hearing and deciding a charge of a prescribed offence is of the opinion that the charge ought to be prosecuted on indictment; the magistrate— must not hear and decide the charge as a summary offence; but must proceed by way of an examination of witnesses in relation to an indictable offence.\n(sec.578-ssec.7) If a magistrate acts under subsection (6) — any plea of the person charged, made at the start of the proceeding, must be disregarded; and any evidence brought in the proceeding before the magistrate decided to act under subsection (6) is taken to be evidence in the proceeding with a view to the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .\n(sec.578-ssec.8) The maximum penalty that may be imposed on a summary conviction of a prescribed offence is 100 penalty units or 1 year’s imprisonment.\n(sec.578-ssec.9) A prescribed offence is— for a prescribed offence for which the maximum penalty of imprisonment is less than 5 years—a misdemeanour; or otherwise—a crime.\n(sec.578-ssec.10) In this section— prescribed offence means an offence against this Act for which the maximum penalty of imprisonment is 2 years imprisonment or more.\n- (a) the Regulator; or\n- (b) a person authorised for the purpose by the Regulator; or\n- (c) the Attorney-General.\n- (a) in a summary way under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) with a view to the summary conviction of a person on a charge of a prescribed offence; or\n- (b) for an examination of witnesses in relation to a charge for a prescribed offence.\n- (a) within 1 year after the commission of the offence; or\n- (b) within 6 months after the commission of the offence comes to the complainant’s knowledge;\n- (a) a person charged with a prescribed offence, in relation to which a proceeding is taken by way of a summary proceeding, asks, at the start of the proceeding, that the charge be prosecuted on indictment; or\n- (b) the magistrate hearing and deciding a charge of a prescribed offence is of the opinion that the charge ought to be prosecuted on indictment;\n- (c) must not hear and decide the charge as a summary offence; but\n- (d) must proceed by way of an examination of witnesses in relation to an indictable offence.\n- (a) any plea of the person charged, made at the start of the proceeding, must be disregarded; and\n- (b) any evidence brought in the proceeding before the magistrate decided to act under subsection (6) is taken to be evidence in the proceeding with a view to the committal of the person for trial or sentence; and\n- (c) before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .\n- (a) for a prescribed offence for which the maximum penalty of imprisonment is less than 5 years—a misdemeanour; or\n- (b) otherwise—a crime.","sortOrder":1054},{"sectionNumber":"sec.579","sectionType":"section","heading":"Summary proceedings for offences other than against ch 8","content":"### sec.579 Summary proceedings for offences other than against ch 8\n\nThis section applies to a proceeding for an offence against this Act other than chapter 8 .\nA proceeding for a prescribed offence is to be taken in a summary way under the Justices Act 1886 before an industrial magistrate on the complaint of—\nthe Regulator; or\na person authorised for the purpose by the Regulator; or\nthe Attorney-General.\nA proceeding for an offence other than a prescribed offence is to be taken in a summary way under the Justices Act 1886 before an industrial magistrate on the complaint of—\nthe Regulator or WorkCover; or\na person authorised for the purpose by the Regulator or WorkCover; or\nthe Attorney-General.\nA proceeding, other than a proceeding for a claim farming offence, must start—\nwithin 1 year after the commission of the offence; or\nwithin 6 months after the commission of the offence comes to the knowledge of—\nfor a proceeding mentioned in subsection (1A) —the Regulator; or\nfor a proceeding mentioned in subsection (2) —the Regulator or WorkCover;\nwhichever is the later.\nA proceeding for a claim farming offence must start within the later of—\n2 years after the commission of the offence; or\n6 months after the commission of the offence comes to the knowledge of the Regulator.\nAll penalties recovered under a proceeding are to be paid—\nif a proceeding was brought by the Regulator—to the Regulator; or\nif a proceeding was brought by WorkCover—to WorkCover.\nA person aggrieved by a decision of the industrial magistrate in the proceeding may appeal against the decision to a District Court judge under the Justices Act 1886 .\nIn this section—\nclaim farming offence means an offence against chapter 6B .\nprescribed offence means—\nan offence against section 486B (2) ; or\nan offence against chapter 12 , part 2 , 3 or 4 ; or\nan offence against section 136 connected with an offence against section 533 ; or\na claim farming offence.\ns 579 amd 2004 No. 45 s 84 ; 2005 No. 50 s 47 ; 2013 No. 52 s 102 ; 2016 No. 44 s 45 ; 2022 No. 13 s 64 ; 2024 No. 40 s 56\n(sec.579-ssec.1) This section applies to a proceeding for an offence against this Act other than chapter 8 .\n(sec.579-ssec.1A) A proceeding for a prescribed offence is to be taken in a summary way under the Justices Act 1886 before an industrial magistrate on the complaint of— the Regulator; or a person authorised for the purpose by the Regulator; or the Attorney-General.\n(sec.579-ssec.2) A proceeding for an offence other than a prescribed offence is to be taken in a summary way under the Justices Act 1886 before an industrial magistrate on the complaint of— the Regulator or WorkCover; or a person authorised for the purpose by the Regulator or WorkCover; or the Attorney-General.\n(sec.579-ssec.3) A proceeding, other than a proceeding for a claim farming offence, must start— within 1 year after the commission of the offence; or within 6 months after the commission of the offence comes to the knowledge of— for a proceeding mentioned in subsection (1A) —the Regulator; or for a proceeding mentioned in subsection (2) —the Regulator or WorkCover; whichever is the later.\n(sec.579-ssec.3A) A proceeding for a claim farming offence must start within the later of— 2 years after the commission of the offence; or 6 months after the commission of the offence comes to the knowledge of the Regulator.\n(sec.579-ssec.4) All penalties recovered under a proceeding are to be paid— if a proceeding was brought by the Regulator—to the Regulator; or if a proceeding was brought by WorkCover—to WorkCover.\n(sec.579-ssec.5) A person aggrieved by a decision of the industrial magistrate in the proceeding may appeal against the decision to a District Court judge under the Justices Act 1886 .\n(sec.579-ssec.6) In this section— claim farming offence means an offence against chapter 6B . prescribed offence means— an offence against section 486B (2) ; or an offence against chapter 12 , part 2 , 3 or 4 ; or an offence against section 136 connected with an offence against section 533 ; or a claim farming offence.\n- (a) the Regulator; or\n- (b) a person authorised for the purpose by the Regulator; or\n- (c) the Attorney-General.\n- (a) the Regulator or WorkCover; or\n- (b) a person authorised for the purpose by the Regulator or WorkCover; or\n- (c) the Attorney-General.\n- (a) within 1 year after the commission of the offence; or\n- (b) within 6 months after the commission of the offence comes to the knowledge of— (i) for a proceeding mentioned in subsection (1A) —the Regulator; or (ii) for a proceeding mentioned in subsection (2) —the Regulator or WorkCover;\n- (i) for a proceeding mentioned in subsection (1A) —the Regulator; or\n- (ii) for a proceeding mentioned in subsection (2) —the Regulator or WorkCover;\n- (i) for a proceeding mentioned in subsection (1A) —the Regulator; or\n- (ii) for a proceeding mentioned in subsection (2) —the Regulator or WorkCover;\n- (a) 2 years after the commission of the offence; or\n- (b) 6 months after the commission of the offence comes to the knowledge of the Regulator.\n- (a) if a proceeding was brought by the Regulator—to the Regulator; or\n- (b) if a proceeding was brought by WorkCover—to WorkCover.\n- (a) an offence against section 486B (2) ; or\n- (b) an offence against chapter 12 , part 2 , 3 or 4 ; or\n- (c) an offence against section 136 connected with an offence against section 533 ; or\n- (d) a claim farming offence.","sortOrder":1055},{"sectionNumber":"sec.580","sectionType":"section","heading":"Recovery of debts under this Act","content":"### sec.580 Recovery of debts under this Act\n\nEvery amount—\npayable to WorkCover as a premium, additional premium or charge; or\nrecoverable by WorkCover on any account whatever;\nis a debt owed to WorkCover by the person liable to pay the premium, additional premium or charge, or from whom the amount is recoverable.\nAn amount payable to the Regulator as a levy or additional amount or recoverable by the Regulator on any account whatever, is a debt owed to the Regulator by the person liable to pay the levy or additional amount, or from whom the amount is recoverable.\nThe Regulator or WorkCover may recover a debt—\non the complaint of the Regulator or WorkCover’s chief executive officer under the Justices Act 1886 , before an industrial magistrate; or\nby action for debt.\nIf, for a contravention of this Act, there exists—\na right to recover an amount as a debt; and\na right to proceed for a penalty as for an offence;\nthe amount may be recovered as a debt even though the proceeding for the penalty has not been taken.\nPayment of a penalty does not relieve a person from liability to be assessed and to pay a premium or from liability to pay another amount under this Act.\ns 580 amd 2013 No. 52 s 103\n(sec.580-ssec.1) Every amount— payable to WorkCover as a premium, additional premium or charge; or recoverable by WorkCover on any account whatever; is a debt owed to WorkCover by the person liable to pay the premium, additional premium or charge, or from whom the amount is recoverable.\n(sec.580-ssec.2) An amount payable to the Regulator as a levy or additional amount or recoverable by the Regulator on any account whatever, is a debt owed to the Regulator by the person liable to pay the levy or additional amount, or from whom the amount is recoverable.\n(sec.580-ssec.3) The Regulator or WorkCover may recover a debt— on the complaint of the Regulator or WorkCover’s chief executive officer under the Justices Act 1886 , before an industrial magistrate; or by action for debt.\n(sec.580-ssec.4) If, for a contravention of this Act, there exists— a right to recover an amount as a debt; and a right to proceed for a penalty as for an offence; the amount may be recovered as a debt even though the proceeding for the penalty has not been taken.\n(sec.580-ssec.5) Payment of a penalty does not relieve a person from liability to be assessed and to pay a premium or from liability to pay another amount under this Act.\n- (a) payable to WorkCover as a premium, additional premium or charge; or\n- (b) recoverable by WorkCover on any account whatever;\n- (a) on the complaint of the Regulator or WorkCover’s chief executive officer under the Justices Act 1886 , before an industrial magistrate; or\n- (b) by action for debt.\n- (a) a right to recover an amount as a debt; and\n- (b) a right to proceed for a penalty as for an offence;","sortOrder":1056},{"sectionNumber":"sec.581","sectionType":"section","heading":"Self-insurer recovery of debts","content":"### sec.581 Self-insurer recovery of debts\n\nA self-insurer may recover a debt owed to the self-insurer because of payments made by the self-insurer under section 92 or 92A —\non the complaint of the self-insurer under the Justices Act 1886 , before an industrial magistrate; or\nby action for debt.\ns 581 amd 2003 No. 85 s 28 sch\n- (a) on the complaint of the self-insurer under the Justices Act 1886 , before an industrial magistrate; or\n- (b) by action for debt.","sortOrder":1057},{"sectionNumber":"sec.582","sectionType":"section","heading":"Powers of industrial magistrate","content":"### sec.582 Powers of industrial magistrate\n\nFor this Act, an industrial magistrate has all the powers conferred on an industrial magistrate by the Industrial Relations Act 2016 or by the rules of court or a regulation made for that Act, so far as those powers are appropriate to matters arising under this Act.\nAlso, for any proceeding before an industrial magistrate under this Act to which this Act does not expressly apply the provisions of the Justices Act 1886 , a regulation may provide for all matters relating to the proceeding, including, for example, the summonsing of witnesses and the hearing of an appeal.\nA regulation under subsection (2) prevails over any inconsistent rule of court or regulation mentioned in subsection (1) .\ns 582 amd 2016 No. 63 s 1157 sch 6\n(sec.582-ssec.1) For this Act, an industrial magistrate has all the powers conferred on an industrial magistrate by the Industrial Relations Act 2016 or by the rules of court or a regulation made for that Act, so far as those powers are appropriate to matters arising under this Act.\n(sec.582-ssec.2) Also, for any proceeding before an industrial magistrate under this Act to which this Act does not expressly apply the provisions of the Justices Act 1886 , a regulation may provide for all matters relating to the proceeding, including, for example, the summonsing of witnesses and the hearing of an appeal.\n(sec.582-ssec.3) A regulation under subsection (2) prevails over any inconsistent rule of court or regulation mentioned in subsection (1) .","sortOrder":1058},{"sectionNumber":"sec.583","sectionType":"section","heading":"Evidence","content":"### sec.583 Evidence\n\nThe Regulator may issue certificates for subsection (2) .\nA certificate stating the following matters is evidence of the matters in any proceeding about anything arising under this Act—\nthat commission of an offence against this Act came to the knowledge of the Regulator or delegate issuing the certificate on a specified date;\nthat an address to which any notice or other document was sent by post to any person is that person’s place of business, place of residence or postal address last known to the Regulator or self-insurer;\nthat a worker has a specified DPI;\nthat a worker has a specified DPI establishing the worker’s access to damages;\nthat a specified amount is due and payable to a self-insurer and unpaid by a specified person for an overpayment of compensation;\nthat a specified amount is due and payable on account of an amount paid by a self-insurer to, or on account of, a specified person;\nthat a specified amount was paid by a self-insurer to or on account of a specified person for a specified matter, date or purpose.\nWorkCover’s chief executive officer may issue certificates for subsection (4) .\nA certificate stating the following matters is evidence of the matters in any proceeding about anything arising under this Act—\nthat—\nnotice of acceptance of a risk, or of assessment or reassessment of a premium, was duly sent on a specified date to a specified person; and\na specified amount of premium was demanded by the notice;\nthat—\na default assessment, or a decision on an objection made to a default assessment, was duly made; and\nnotice of the assessment or decision was duly sent on a specified date to a specified person at an address that is the person’s place of business, place of residence or postal address last known to WorkCover; and\na specified amount of premium was demanded by the notice of default assessment, or of decision on objection;\nthat commission of an offence against this Act came to the knowledge of WorkCover’s chief executive officer or delegate issuing the certificate on a specified date;\nthat an address to which any notice or other document was sent by post to any person is that person’s place of business, place of residence or postal address last known to WorkCover;\nthat a worker has a specified DPI;\nthat a worker has a specified DPI establishing the worker’s access to damages;\nthat no objection has been received from a specified person against a default assessment within 15 business days after notice of the assessment was given to the person;\nthat a specified amount is due and payable to WorkCover and unpaid by a specified person for a premium or a charge;\nthat a specified amount is due and payable to WorkCover and unpaid by a specified person for an overpayment of compensation;\nthat a specified person who is stated in the certificate to be an employer has contravened section 48 , and how the person has contravened the section;\nthat a specified amount is due and payable to WorkCover and unpaid by a specified person who is stated in the certificate to be an employer who has contravened section 48 in relation to a specified person;\nthat a specified amount is due and payable on account of an amount paid by WorkCover to, or on account of, a specified person;\nthat a specified amount was paid by WorkCover to or on account of a specified person for a specified matter, date or purpose.\nA document purporting to be a certificate under this Act is admissible as the certificate it purports to be in any proceeding about anything arising under this Act.\nA statement in a complaint for an offence against this Act of any of the following is evidence of the matter stated—\nthat the person making the complaint is authorised to do so;\nthat the matter of the complaint came to the knowledge of the complainant or the Regulator or WorkCover’s chief executive officer on a specified day.\nEvidence that an insurer has received an application for compensation is evidence in any proceeding about anything arising under this Act that the application was lodged by the person named in the application as the applicant on the day it was received by the insurer.\ns 583 amd 2004 No. 45 s 3 sch ; 2013 No. 52 s 104\n(sec.583-ssec.1) The Regulator may issue certificates for subsection (2) .\n(sec.583-ssec.2) A certificate stating the following matters is evidence of the matters in any proceeding about anything arising under this Act— that commission of an offence against this Act came to the knowledge of the Regulator or delegate issuing the certificate on a specified date; that an address to which any notice or other document was sent by post to any person is that person’s place of business, place of residence or postal address last known to the Regulator or self-insurer; that a worker has a specified DPI; that a worker has a specified DPI establishing the worker’s access to damages; that a specified amount is due and payable to a self-insurer and unpaid by a specified person for an overpayment of compensation; that a specified amount is due and payable on account of an amount paid by a self-insurer to, or on account of, a specified person; that a specified amount was paid by a self-insurer to or on account of a specified person for a specified matter, date or purpose.\n(sec.583-ssec.3) WorkCover’s chief executive officer may issue certificates for subsection (4) .\n(sec.583-ssec.4) A certificate stating the following matters is evidence of the matters in any proceeding about anything arising under this Act— that— notice of acceptance of a risk, or of assessment or reassessment of a premium, was duly sent on a specified date to a specified person; and a specified amount of premium was demanded by the notice; that— a default assessment, or a decision on an objection made to a default assessment, was duly made; and notice of the assessment or decision was duly sent on a specified date to a specified person at an address that is the person’s place of business, place of residence or postal address last known to WorkCover; and a specified amount of premium was demanded by the notice of default assessment, or of decision on objection; that commission of an offence against this Act came to the knowledge of WorkCover’s chief executive officer or delegate issuing the certificate on a specified date; that an address to which any notice or other document was sent by post to any person is that person’s place of business, place of residence or postal address last known to WorkCover; that a worker has a specified DPI; that a worker has a specified DPI establishing the worker’s access to damages; that no objection has been received from a specified person against a default assessment within 15 business days after notice of the assessment was given to the person; that a specified amount is due and payable to WorkCover and unpaid by a specified person for a premium or a charge; that a specified amount is due and payable to WorkCover and unpaid by a specified person for an overpayment of compensation; that a specified person who is stated in the certificate to be an employer has contravened section 48 , and how the person has contravened the section; that a specified amount is due and payable to WorkCover and unpaid by a specified person who is stated in the certificate to be an employer who has contravened section 48 in relation to a specified person; that a specified amount is due and payable on account of an amount paid by WorkCover to, or on account of, a specified person; that a specified amount was paid by WorkCover to or on account of a specified person for a specified matter, date or purpose.\n(sec.583-ssec.5) A document purporting to be a certificate under this Act is admissible as the certificate it purports to be in any proceeding about anything arising under this Act.\n(sec.583-ssec.6) A statement in a complaint for an offence against this Act of any of the following is evidence of the matter stated— that the person making the complaint is authorised to do so; that the matter of the complaint came to the knowledge of the complainant or the Regulator or WorkCover’s chief executive officer on a specified day.\n(sec.583-ssec.7) Evidence that an insurer has received an application for compensation is evidence in any proceeding about anything arising under this Act that the application was lodged by the person named in the application as the applicant on the day it was received by the insurer.\n- (a) that commission of an offence against this Act came to the knowledge of the Regulator or delegate issuing the certificate on a specified date;\n- (b) that an address to which any notice or other document was sent by post to any person is that person’s place of business, place of residence or postal address last known to the Regulator or self-insurer;\n- (c) that a worker has a specified DPI;\n- (d) that a worker has a specified DPI establishing the worker’s access to damages;\n- (e) that a specified amount is due and payable to a self-insurer and unpaid by a specified person for an overpayment of compensation;\n- (f) that a specified amount is due and payable on account of an amount paid by a self-insurer to, or on account of, a specified person;\n- (g) that a specified amount was paid by a self-insurer to or on account of a specified person for a specified matter, date or purpose.\n- (a) that— (i) notice of acceptance of a risk, or of assessment or reassessment of a premium, was duly sent on a specified date to a specified person; and (ii) a specified amount of premium was demanded by the notice;\n- (i) notice of acceptance of a risk, or of assessment or reassessment of a premium, was duly sent on a specified date to a specified person; and\n- (ii) a specified amount of premium was demanded by the notice;\n- (b) that— (i) a default assessment, or a decision on an objection made to a default assessment, was duly made; and (ii) notice of the assessment or decision was duly sent on a specified date to a specified person at an address that is the person’s place of business, place of residence or postal address last known to WorkCover; and (iii) a specified amount of premium was demanded by the notice of default assessment, or of decision on objection;\n- (i) a default assessment, or a decision on an objection made to a default assessment, was duly made; and\n- (ii) notice of the assessment or decision was duly sent on a specified date to a specified person at an address that is the person’s place of business, place of residence or postal address last known to WorkCover; and\n- (iii) a specified amount of premium was demanded by the notice of default assessment, or of decision on objection;\n- (c) that commission of an offence against this Act came to the knowledge of WorkCover’s chief executive officer or delegate issuing the certificate on a specified date;\n- (d) that an address to which any notice or other document was sent by post to any person is that person’s place of business, place of residence or postal address last known to WorkCover;\n- (e) that a worker has a specified DPI;\n- (f) that a worker has a specified DPI establishing the worker’s access to damages;\n- (g) that no objection has been received from a specified person against a default assessment within 15 business days after notice of the assessment was given to the person;\n- (h) that a specified amount is due and payable to WorkCover and unpaid by a specified person for a premium or a charge;\n- (i) that a specified amount is due and payable to WorkCover and unpaid by a specified person for an overpayment of compensation;\n- (j) that a specified person who is stated in the certificate to be an employer has contravened section 48 , and how the person has contravened the section;\n- (k) that a specified amount is due and payable to WorkCover and unpaid by a specified person who is stated in the certificate to be an employer who has contravened section 48 in relation to a specified person;\n- (l) that a specified amount is due and payable on account of an amount paid by WorkCover to, or on account of, a specified person;\n- (m) that a specified amount was paid by WorkCover to or on account of a specified person for a specified matter, date or purpose.\n- (i) notice of acceptance of a risk, or of assessment or reassessment of a premium, was duly sent on a specified date to a specified person; and\n- (ii) a specified amount of premium was demanded by the notice;\n- (i) a default assessment, or a decision on an objection made to a default assessment, was duly made; and\n- (ii) notice of the assessment or decision was duly sent on a specified date to a specified person at an address that is the person’s place of business, place of residence or postal address last known to WorkCover; and\n- (iii) a specified amount of premium was demanded by the notice of default assessment, or of decision on objection;\n- (a) that the person making the complaint is authorised to do so;\n- (b) that the matter of the complaint came to the knowledge of the complainant or the Regulator or WorkCover’s chief executive officer on a specified day.","sortOrder":1059},{"sectionNumber":"ch.14-pt.4","sectionType":"part","heading":"Regulations","content":"# Regulations","sortOrder":1060},{"sectionNumber":"sec.584","sectionType":"section","heading":"Regulation-making power","content":"### sec.584 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may make provision for anything specified in schedule 1 .\nA regulation may prescribe an amount, including, for example, an amount of a fee, levy or damages, as a multiple of QOTE.\ns 584 amd 2019 No. 33 s 76\n(sec.584-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.584-ssec.2) A regulation may make provision for anything specified in schedule 1 .\n(sec.584-ssec.3) A regulation may prescribe an amount, including, for example, an amount of a fee, levy or damages, as a multiple of QOTE.","sortOrder":1061},{"sectionNumber":"ch.14-pt.5","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":1062},{"sectionNumber":"sec.584A","sectionType":"section","heading":"Reviews of workers’ compensation scheme","content":"### sec.584A Reviews of workers’ compensation scheme\n\nThe Minister must ensure a review of the operation of the workers’ compensation scheme is completed at least once in every 5 year period.\nThe Minister must prepare a report about the outcome of the review and, as soon as practicable after the review is completed, table the report in the Legislative Assembly.\nThe first review under this section must be completed no later than 30 June 2013.\ns 584A ins 2011 No. 18 s 409\n(sec.584A-ssec.1) The Minister must ensure a review of the operation of the workers’ compensation scheme is completed at least once in every 5 year period.\n(sec.584A-ssec.2) The Minister must prepare a report about the outcome of the review and, as soon as practicable after the review is completed, table the report in the Legislative Assembly.\n(sec.584A-ssec.3) The first review under this section must be completed no later than 30 June 2013.","sortOrder":1063},{"sectionNumber":"sec.585","sectionType":"section","heading":"Entitlements to compensation under contract of employment prohibited and void","content":"### sec.585 Entitlements to compensation under contract of employment prohibited and void\n\nA contract of employment can not include a provision for accident pay, or other payment, on account of a worker sustaining an injury.\nA provision of a contract of employment is of no force or effect to the extent it provides for payment of accident pay, or other payment, on account of a worker sustaining an injury.\nIn this section—\ncontract of employment means a contract with a worker or a contract with an individual in the circumstances mentioned in schedule 2 , part 1 but does not include an industrial instrument.\ns 585 prev s 585 om 2004 No. 45 s 85\npres s 585 ins 2005 No. 11 s 65\namd 2013 No. 29 s 74\n(sec.585-ssec.1) A contract of employment can not include a provision for accident pay, or other payment, on account of a worker sustaining an injury.\n(sec.585-ssec.2) A provision of a contract of employment is of no force or effect to the extent it provides for payment of accident pay, or other payment, on account of a worker sustaining an injury.\n(sec.585-ssec.3) In this section— contract of employment means a contract with a worker or a contract with an individual in the circumstances mentioned in schedule 2 , part 1 but does not include an industrial instrument.","sortOrder":1064},{"sectionNumber":"sec.586","sectionType":"section","heading":"Approval of forms","content":"### sec.586 Approval of forms\n\nWorkCover’s chief executive officer may approve forms in relation to contracts of insurance for use under this Act.\nThe Regulator may approve other forms for use under this Act.\nSubsection (4) applies if a person—\nis required or permitted to do something in an approved form under section 50 , 132 , 133 , 133A , 325B or 542 (the relevant provision ); or\na requirement to send a report or give written notice in an approved form\nis required under this Act to make an application for a policy in the approved form (also the relevant provision ).\nWithout limiting the Electronic Transactions (Queensland) Act 2001 , the person is taken to have complied with the relevant provision when—\nthe person does the thing by giving the information required on the approved form by phone, or another method, acceptable to the receiver of the approved form (the receiver ); and\nif the person’s signature is required on the approved form, the requirement is met under subsection (5) ; and\nif the relevant provision requires or permits the approved form to be accompanied by a document when given to the receiver, the person gives the document to the receiver within the reasonable period decided by the receiver.\nA requirement that the person sign the approved form as mentioned in subsection (4) (b) is met if—\na method is used to identify the person and to indicate the person’s approval of the information communicated under subsection (4) (a) ; and\nhaving regard to all the relevant circumstances when the method was used, the method was as reliable as was appropriate for the purposes for which the information was communicated; and\nthe receiver consents to the requirement being met by using the method mentioned in paragraph (a) .\ns 586 amd 2007 No. 52 s 28 ; 2008 No. 67 s 312 ; 2013 No. 52 s 105 ; 2017 No. 27 s 31\n(sec.586-ssec.1) WorkCover’s chief executive officer may approve forms in relation to contracts of insurance for use under this Act.\n(sec.586-ssec.2) The Regulator may approve other forms for use under this Act.\n(sec.586-ssec.3) Subsection (4) applies if a person— is required or permitted to do something in an approved form under section 50 , 132 , 133 , 133A , 325B or 542 (the relevant provision ); or a requirement to send a report or give written notice in an approved form is required under this Act to make an application for a policy in the approved form (also the relevant provision ).\n(sec.586-ssec.4) Without limiting the Electronic Transactions (Queensland) Act 2001 , the person is taken to have complied with the relevant provision when— the person does the thing by giving the information required on the approved form by phone, or another method, acceptable to the receiver of the approved form (the receiver ); and if the person’s signature is required on the approved form, the requirement is met under subsection (5) ; and if the relevant provision requires or permits the approved form to be accompanied by a document when given to the receiver, the person gives the document to the receiver within the reasonable period decided by the receiver.\n(sec.586-ssec.5) A requirement that the person sign the approved form as mentioned in subsection (4) (b) is met if— a method is used to identify the person and to indicate the person’s approval of the information communicated under subsection (4) (a) ; and having regard to all the relevant circumstances when the method was used, the method was as reliable as was appropriate for the purposes for which the information was communicated; and the receiver consents to the requirement being met by using the method mentioned in paragraph (a) .\n- (a) is required or permitted to do something in an approved form under section 50 , 132 , 133 , 133A , 325B or 542 (the relevant provision ); or Example— a requirement to send a report or give written notice in an approved form\n- (b) is required under this Act to make an application for a policy in the approved form (also the relevant provision ).\n- (a) the person does the thing by giving the information required on the approved form by phone, or another method, acceptable to the receiver of the approved form (the receiver ); and\n- (b) if the person’s signature is required on the approved form, the requirement is met under subsection (5) ; and\n- (c) if the relevant provision requires or permits the approved form to be accompanied by a document when given to the receiver, the person gives the document to the receiver within the reasonable period decided by the receiver.\n- (a) a method is used to identify the person and to indicate the person’s approval of the information communicated under subsection (4) (a) ; and\n- (b) having regard to all the relevant circumstances when the method was used, the method was as reliable as was appropriate for the purposes for which the information was communicated; and\n- (c) the receiver consents to the requirement being met by using the method mentioned in paragraph (a) .","sortOrder":1065},{"sectionNumber":"sec.586A","sectionType":"section","heading":"Entering into an agreement for transfer of employees to assist administration of compensation scheme","content":"### sec.586A Entering into an agreement for transfer of employees to assist administration of compensation scheme\n\nThis section applies if the chief executive and WorkCover’s chief executive officer consider it is necessary or desirable, to assist the administration of the workers’ compensation scheme, to transfer employees—\nfrom the department to WorkCover; or\nfrom WorkCover to the department.\nThe chief executive and WorkCover’s chief executive officer may enter into an agreement providing for the transfer ( transfer agreement ).\nA transfer agreement must be signed by both the chief executive and WorkCover’s chief executive officer.\nThe chief executive and WorkCover’s board must comply with a transfer agreement.\ns 586A ins 2013 No. 52 s 106\n(sec.586A-ssec.1) This section applies if the chief executive and WorkCover’s chief executive officer consider it is necessary or desirable, to assist the administration of the workers’ compensation scheme, to transfer employees— from the department to WorkCover; or from WorkCover to the department.\n(sec.586A-ssec.2) The chief executive and WorkCover’s chief executive officer may enter into an agreement providing for the transfer ( transfer agreement ).\n(sec.586A-ssec.3) A transfer agreement must be signed by both the chief executive and WorkCover’s chief executive officer.\n(sec.586A-ssec.4) The chief executive and WorkCover’s board must comply with a transfer agreement.\n- (a) from the department to WorkCover; or\n- (b) from WorkCover to the department.","sortOrder":1066},{"sectionNumber":"sec.586B","sectionType":"section","heading":"Effect of transfer of employee","content":"### sec.586B Effect of transfer of employee\n\nThis section applies if a transfer agreement is entered into under section 586A for the transfer of an employee—\nfrom the department or WorkCover (the former employer ); and\nto WorkCover or the department (the new employer ).\nFrom the date of transfer stated in the transfer agreement, the employee—\nceases to be an employee of the former employer; and\nis employed by the new employer, under the relevant industrial instrument applying to that employer.\nAlso, the following applies for the employee—\nthe employee retains and is entitled to all rights, benefits and entitlements that have accrued to the employee because of the employee’s employment before the transfer;\nthe employee’s accruing rights, including to superannuation or recreation, sick, long service or other leave, are not affected;\ncontinuity of service is not interrupted, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service;\nthe employment does not constitute a termination of employment or a retrenchment or redundancy;\nthe employee is not entitled to a payment or other benefit because the employee is no longer employed by the former employer.\nSubsection (5) applies if the total remuneration to which the employee was entitled for the employment with the former employer is higher than the total remuneration payable under the relevant industrial instrument for a person starting in the position with the new employer to which the employee has been transferred.\nThe employee’s total remuneration must not be increased until the employee’s total remuneration aligns with the total remuneration payable under the relevant industrial instrument to a person who has held the position for the same amount of time.\nThis section has effect despite any other law or instrument.\ns 586B ins 2013 No. 52 s 106\namd 2024 No. 40 s 65 sch 1\n(sec.586B-ssec.1) This section applies if a transfer agreement is entered into under section 586A for the transfer of an employee— from the department or WorkCover (the former employer ); and to WorkCover or the department (the new employer ).\n(sec.586B-ssec.2) From the date of transfer stated in the transfer agreement, the employee— ceases to be an employee of the former employer; and is employed by the new employer, under the relevant industrial instrument applying to that employer.\n(sec.586B-ssec.3) Also, the following applies for the employee— the employee retains and is entitled to all rights, benefits and entitlements that have accrued to the employee because of the employee’s employment before the transfer; the employee’s accruing rights, including to superannuation or recreation, sick, long service or other leave, are not affected; continuity of service is not interrupted, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; the employment does not constitute a termination of employment or a retrenchment or redundancy; the employee is not entitled to a payment or other benefit because the employee is no longer employed by the former employer.\n(sec.586B-ssec.4) Subsection (5) applies if the total remuneration to which the employee was entitled for the employment with the former employer is higher than the total remuneration payable under the relevant industrial instrument for a person starting in the position with the new employer to which the employee has been transferred.\n(sec.586B-ssec.5) The employee’s total remuneration must not be increased until the employee’s total remuneration aligns with the total remuneration payable under the relevant industrial instrument to a person who has held the position for the same amount of time.\n(sec.586B-ssec.6) This section has effect despite any other law or instrument.\n- (a) from the department or WorkCover (the former employer ); and\n- (b) to WorkCover or the department (the new employer ).\n- (a) ceases to be an employee of the former employer; and\n- (b) is employed by the new employer, under the relevant industrial instrument applying to that employer.\n- (a) the employee retains and is entitled to all rights, benefits and entitlements that have accrued to the employee because of the employee’s employment before the transfer;\n- (b) the employee’s accruing rights, including to superannuation or recreation, sick, long service or other leave, are not affected;\n- (c) continuity of service is not interrupted, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service;\n- (d) the employment does not constitute a termination of employment or a retrenchment or redundancy;\n- (e) the employee is not entitled to a payment or other benefit because the employee is no longer employed by the former employer.","sortOrder":1067},{"sectionNumber":"sec.587","sectionType":"section","heading":"Service of documents","content":"### sec.587 Service of documents\n\nThis section applies if a provision of this Act requires or permits a document to be given to a person by the Regulator, WorkCover or an authorised person.\nFor the Acts Interpretation Act 1954 , section 39 , the address of the person’s place of residence or business includes the person’s postal address.\nWithout limiting the Acts Interpretation Act 1954 , section 39 , the document may—\nbe sent by email to the person’s email address last notified to the Regulator or WorkCover by the person; or\nbe made available to the person or given in a way prescribed by regulation.\nThe document is taken to be given—\nif sent by email—on the day the email is sent; or\nif made available to the person or given in a way prescribed by regulation—on the day prescribed by regulation.\nHowever, if the document is given after 5p.m. on a particular day, the document is taken to be given to the person on the next business day.\ns 587 sub 2024 No. 40 s 57\n(sec.587-ssec.1) This section applies if a provision of this Act requires or permits a document to be given to a person by the Regulator, WorkCover or an authorised person.\n(sec.587-ssec.2) For the Acts Interpretation Act 1954 , section 39 , the address of the person’s place of residence or business includes the person’s postal address.\n(sec.587-ssec.3) Without limiting the Acts Interpretation Act 1954 , section 39 , the document may— be sent by email to the person’s email address last notified to the Regulator or WorkCover by the person; or be made available to the person or given in a way prescribed by regulation.\n(sec.587-ssec.4) The document is taken to be given— if sent by email—on the day the email is sent; or if made available to the person or given in a way prescribed by regulation—on the day prescribed by regulation.\n(sec.587-ssec.5) However, if the document is given after 5p.m. on a particular day, the document is taken to be given to the person on the next business day.\n- (a) be sent by email to the person’s email address last notified to the Regulator or WorkCover by the person; or\n- (b) be made available to the person or given in a way prescribed by regulation.\n- (a) if sent by email—on the day the email is sent; or\n- (b) if made available to the person or given in a way prescribed by regulation—on the day prescribed by regulation.","sortOrder":1068},{"sectionNumber":"sec.588","sectionType":"section","heading":"Repeal","content":"### sec.588 Repeal\n\nThe WorkCover Queensland Act 1996 is repealed.","sortOrder":1069},{"sectionNumber":"ch.15-pt.1","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":1070},{"sectionNumber":"sec.589","sectionType":"section","heading":"Definitions for ch 15","content":"### sec.589 Definitions for ch 15\n\nIn this chapter—\nQ-COMP means the former division of WorkCover called Q-COMP that was responsible for the regulatory functions of the scheme.\nrepealed Act means the WorkCover Queensland Act 1996 .\ntransferred person means a person to whom section 594 applies.","sortOrder":1071},{"sectionNumber":"sec.590","sectionType":"section","heading":"Other savings preserved","content":"### sec.590 Other savings preserved\n\nThis chapter does not limit the Acts Interpretation Act 1954 , section 20.","sortOrder":1072},{"sectionNumber":"ch.15-pt.2","sectionType":"part","heading":"Legal succession","content":"# Legal succession","sortOrder":1073},{"sectionNumber":"sec.591","sectionType":"section","heading":"Continuation of WorkCover Queensland","content":"### sec.591 Continuation of WorkCover Queensland\n\nWorkCover Queensland mentioned as being established under section 380 is a continuation of WorkCover Queensland established under section 330 of the repealed Act.","sortOrder":1074},{"sectionNumber":"sec.592","sectionType":"section","heading":"Authority is legal successor of Q-COMP","content":"### sec.592 Authority is legal successor of Q-COMP\n\nOn the commencement of this section, the Authority is the successor in law of Q-COMP with the intent that—\nthe assets and liabilities of WorkCover that, before the commencement, were managed by Q-COMP become the assets and liabilities of the Authority; and\nanything that, before the commencement, was under the control of Q-COMP becomes under the control of the Authority; and\na proceeding relating to a decision or action of Q-COMP or an officer of Q-COMP that has not ended before the commencement may, after the commencement, be continued by or against the Authority; and\nif a proceeding could have been taken relating to a decision or action of Q-COMP or an officer of Q-COMP before the commencement, the proceeding may be taken by or against the Authority after the commencement; and\nany application received by Q-COMP before the commencement is, from the commencement, taken to be an application received by the Authority; and\nthe Authority otherwise stands in the place of Q-COMP.\nFrom the commencement of this section, in an Act, instrument or document, a reference to WorkCover in its regulatory capacity under the repealed Act may, if the context permits, be taken as a reference to the Authority.\n(sec.592-ssec.1) On the commencement of this section, the Authority is the successor in law of Q-COMP with the intent that— the assets and liabilities of WorkCover that, before the commencement, were managed by Q-COMP become the assets and liabilities of the Authority; and anything that, before the commencement, was under the control of Q-COMP becomes under the control of the Authority; and a proceeding relating to a decision or action of Q-COMP or an officer of Q-COMP that has not ended before the commencement may, after the commencement, be continued by or against the Authority; and if a proceeding could have been taken relating to a decision or action of Q-COMP or an officer of Q-COMP before the commencement, the proceeding may be taken by or against the Authority after the commencement; and any application received by Q-COMP before the commencement is, from the commencement, taken to be an application received by the Authority; and the Authority otherwise stands in the place of Q-COMP.\n(sec.592-ssec.2) From the commencement of this section, in an Act, instrument or document, a reference to WorkCover in its regulatory capacity under the repealed Act may, if the context permits, be taken as a reference to the Authority.\n- (a) the assets and liabilities of WorkCover that, before the commencement, were managed by Q-COMP become the assets and liabilities of the Authority; and\n- (b) anything that, before the commencement, was under the control of Q-COMP becomes under the control of the Authority; and\n- (c) a proceeding relating to a decision or action of Q-COMP or an officer of Q-COMP that has not ended before the commencement may, after the commencement, be continued by or against the Authority; and\n- (d) if a proceeding could have been taken relating to a decision or action of Q-COMP or an officer of Q-COMP before the commencement, the proceeding may be taken by or against the Authority after the commencement; and\n- (e) any application received by Q-COMP before the commencement is, from the commencement, taken to be an application received by the Authority; and\n- (f) the Authority otherwise stands in the place of Q-COMP.","sortOrder":1075},{"sectionNumber":"ch.15-pt.3","sectionType":"part","heading":"Transfer to the Authority","content":"# Transfer to the Authority","sortOrder":1076},{"sectionNumber":"sec.593","sectionType":"section","heading":"Transfer of general manager of Q-COMP","content":"### sec.593 Transfer of general manager of Q-COMP\n\nOn the commencement of this section, the person who immediately before the commencement was Q-COMP’s general manager becomes the Authority’s chief executive officer on the same conditions of appointment, including salary, as applied to the person immediately before the commencement.","sortOrder":1077},{"sectionNumber":"sec.594","sectionType":"section","heading":"Transfer of staff of Q-COMP to Authority","content":"### sec.594 Transfer of staff of Q-COMP to Authority\n\nOn the commencement of this section, a person who immediately before the commencement was employed in Q-COMP—\nbecomes an employee of the Authority; and\nstops being an employee of WorkCover and becomes a public service officer.\nA transferred person may claim against the Authority all entitlements owing to the person as an employee of WorkCover.\nA transferred person’s long service leave entitlements are to be calculated as if service with WorkCover and as a public service officer were continuous service as a public service officer.\n(sec.594-ssec.1) On the commencement of this section, a person who immediately before the commencement was employed in Q-COMP— becomes an employee of the Authority; and stops being an employee of WorkCover and becomes a public service officer.\n(sec.594-ssec.2) A transferred person may claim against the Authority all entitlements owing to the person as an employee of WorkCover.\n(sec.594-ssec.3) A transferred person’s long service leave entitlements are to be calculated as if service with WorkCover and as a public service officer were continuous service as a public service officer.\n- (a) becomes an employee of the Authority; and\n- (b) stops being an employee of WorkCover and becomes a public service officer.","sortOrder":1078},{"sectionNumber":"sec.595","sectionType":"section","heading":"Preserved employment conditions","content":"### sec.595 Preserved employment conditions\n\nA transferred person is taken to be employed by the Authority on the same conditions of employment, including salary, as applied to the person immediately before the transfer.\nA person employed by the Authority who is not a transferred person is to be employed on the same conditions of employment, including salary, as a transferred person.\n(sec.595-ssec.1) A transferred person is taken to be employed by the Authority on the same conditions of employment, including salary, as applied to the person immediately before the transfer.\n(sec.595-ssec.2) A person employed by the Authority who is not a transferred person is to be employed on the same conditions of employment, including salary, as a transferred person.","sortOrder":1079},{"sectionNumber":"sec.596","sectionType":"section","heading":"Transferred persons’ superannuation on becoming public service officers","content":"### sec.596 Transferred persons’ superannuation on becoming public service officers\n\nA transferred person may continue as a contributor to or member of the superannuation scheme to which the person contributed or was the member of before the commencement of this section.","sortOrder":1080},{"sectionNumber":"ch.15-pt.4","sectionType":"part","heading":"Insurance","content":"# Insurance","sortOrder":1081},{"sectionNumber":"sec.597","sectionType":"section","heading":"Merit bonuses and demerit charges","content":"### sec.597 Merit bonuses and demerit charges\n\nMerit bonuses and demerit charges are applicable to policies entered into before the repeal of the Workers’ Compensation Act 1990 as if it had not been repealed.\nIn this section—\ndemerit charges means demerit charges under the repealed Workers’ Compensation Regulation 1992 , section 13A.\nmerit bonuses means merit bonuses under the repealed Workers’ Compensation Act 1990 , section 52 .\n(sec.597-ssec.1) Merit bonuses and demerit charges are applicable to policies entered into before the repeal of the Workers’ Compensation Act 1990 as if it had not been repealed.\n(sec.597-ssec.2) In this section— demerit charges means demerit charges under the repealed Workers’ Compensation Regulation 1992 , section 13A. merit bonuses means merit bonuses under the repealed Workers’ Compensation Act 1990 , section 52 .","sortOrder":1082},{"sectionNumber":"sec.598","sectionType":"section","heading":"Other contracts of insurance","content":"### sec.598 Other contracts of insurance\n\nFrom the commencement of this section, a contract of insurance, other than a policy, issued under a former Act is taken to be a contract of insurance issued by WorkCover.","sortOrder":1083},{"sectionNumber":"sec.599","sectionType":"section","heading":"Previous non-policy compensation arrangement with State","content":"### sec.599 Previous non-policy compensation arrangement with State\n\nThis section applies to amounts that would have been payable by a government entity to the workers’ compensation board under the repealed Workers’ Compensation Act 1990 , section 198 , if the Act had not been repealed.\nThe government entity must pay the amounts to WorkCover.\nIn this section—\ngovernment entity has the meaning given by this Act as in force immediately before the commencement of the Statutory Bodies Legislation Amendment Act 2007 , section 129 .\ns 599 amd 2007 No. 20 s 129\n(sec.599-ssec.1) This section applies to amounts that would have been payable by a government entity to the workers’ compensation board under the repealed Workers’ Compensation Act 1990 , section 198 , if the Act had not been repealed.\n(sec.599-ssec.2) The government entity must pay the amounts to WorkCover.\n(sec.599-ssec.3) In this section— government entity has the meaning given by this Act as in force immediately before the commencement of the Statutory Bodies Legislation Amendment Act 2007 , section 129 .","sortOrder":1084},{"sectionNumber":"ch.15-pt.5","sectionType":"part","heading":"Self-insurance","content":"# Self-insurance","sortOrder":1085},{"sectionNumber":"sec.600","sectionType":"section","heading":"Licences","content":"### sec.600 Licences\n\nA licence issued to a self-insurer by WorkCover under the repealed Act is taken to be a licence issued to a self-insurer by the Authority under this Act.\nWithout limiting section 592(1), any application under chapter 2, part 5 of the repealed Act is taken to be an application to the Authority under a corresponding provision of this Act.\n(sec.600-ssec.1) A licence issued to a self-insurer by WorkCover under the repealed Act is taken to be a licence issued to a self-insurer by the Authority under this Act.\n(sec.600-ssec.2) Without limiting section 592(1), any application under chapter 2, part 5 of the repealed Act is taken to be an application to the Authority under a corresponding provision of this Act.","sortOrder":1086},{"sectionNumber":"sec.601","sectionType":"section","heading":"Number of full-time workers","content":"### sec.601 Number of full-time workers\n\nSection 101(a) or 102(b) of the repealed Act as in force immediately before 3 March 1999, continues to apply to the renewal of a self-insurer’s licence if the self-insurer—\nwas licensed as a self-insurer immediately before 3 March 1999; or\nlodged an application to be licensed as a self-insurer on or before 3 March 1999.\nSubsection (1) stops applying to a self-insurer if the self-insurer’s licence is subsequently cancelled.\n(sec.601-ssec.1) Section 101(a) or 102(b) of the repealed Act as in force immediately before 3 March 1999, continues to apply to the renewal of a self-insurer’s licence if the self-insurer— was licensed as a self-insurer immediately before 3 March 1999; or lodged an application to be licensed as a self-insurer on or before 3 March 1999.\n(sec.601-ssec.2) Subsection (1) stops applying to a self-insurer if the self-insurer’s licence is subsequently cancelled.\n- (a) was licensed as a self-insurer immediately before 3 March 1999; or\n- (b) lodged an application to be licensed as a self-insurer on or before 3 March 1999.","sortOrder":1087},{"sectionNumber":"sec.602","sectionType":"section","heading":null,"content":"### Section sec.602\n\ns 602 exp 30 September 2006 (see s 602(4))","sortOrder":1088},{"sectionNumber":"ch.15-pt.6","sectionType":"part","heading":"Injuries","content":"# Injuries","sortOrder":1089},{"sectionNumber":"sec.603","sectionType":"section","heading":"Injury under former Act","content":"### sec.603 Injury under former Act\n\nThis section applies if a worker sustained an injury before the commencement of this section.\nA former Act, as in force when the injury was sustained, applies in relation to the injury.\nSection 558 of the repealed Act continues to apply in relation to a former Act mentioned in the section.\nHowever, a person entitled to lump sum compensation, weekly payments or dependant allowances under a former Act is entitled to the benefit of every increase in QOTE.\nIn this section—\ninjury means injury as defined in the former Act.\ns 603 amd 2005 No. 50 s 3 sch\n(sec.603-ssec.1) This section applies if a worker sustained an injury before the commencement of this section.\n(sec.603-ssec.2) A former Act, as in force when the injury was sustained, applies in relation to the injury.\n(sec.603-ssec.3) Section 558 of the repealed Act continues to apply in relation to a former Act mentioned in the section.\n(sec.603-ssec.4) However, a person entitled to lump sum compensation, weekly payments or dependant allowances under a former Act is entitled to the benefit of every increase in QOTE.\n(sec.603-ssec.5) In this section— injury means injury as defined in the former Act.","sortOrder":1090},{"sectionNumber":"sec.604","sectionType":"section","heading":"Ex gratia payments","content":"### sec.604 Ex gratia payments\n\nWorkCover may make an ex gratia lump sum payment in relation to a person who sustained an injury, on or after 1 July 1999 but before 1 July 2000, that resulted in death or could result in a WRI of 20% or more.\nThe payment may be made only if the person is not a worker within the meaning of the repealed Act as in force immediately before 1 July 2000 but would be a worker within the meaning of—\nthe repealed Act as in force on 1 July 2000; or\nthis Act.\nA payment under this section must be in the amount decided by WorkCover, but may not be more than the amount that would be payable if the person were a worker.\n(sec.604-ssec.1) WorkCover may make an ex gratia lump sum payment in relation to a person who sustained an injury, on or after 1 July 1999 but before 1 July 2000, that resulted in death or could result in a WRI of 20% or more.\n(sec.604-ssec.2) The payment may be made only if the person is not a worker within the meaning of the repealed Act as in force immediately before 1 July 2000 but would be a worker within the meaning of— the repealed Act as in force on 1 July 2000; or this Act.\n(sec.604-ssec.3) A payment under this section must be in the amount decided by WorkCover, but may not be more than the amount that would be payable if the person were a worker.\n- (a) the repealed Act as in force on 1 July 2000; or\n- (b) this Act.","sortOrder":1091},{"sectionNumber":"ch.15-pt.7","sectionType":"part","heading":"Injury management","content":"# Injury management","sortOrder":1092},{"sectionNumber":"sec.605","sectionType":"section","heading":"Rehabilitation coordinators","content":"### sec.605 Rehabilitation coordinators\n\nA person who was a rehabilitation coordinator under the repealed Act immediately before the commencement of this section is, on the commencement, taken to be a rehabilitation coordinator under this Act.","sortOrder":1093},{"sectionNumber":"sec.606","sectionType":"section","heading":"Workplace rehabilitation policy and procedures","content":"### sec.606 Workplace rehabilitation policy and procedures\n\nWorkplace rehabilitation policy and procedures applying under the repealed Act immediately before the commencement of this section are, on the commencement, taken to be workplace rehabilitation policy and procedures under this Act.","sortOrder":1094},{"sectionNumber":"ch.15-pt.8","sectionType":"part","heading":"Medical assessment tribunals","content":"# Medical assessment tribunals","sortOrder":1095},{"sectionNumber":"sec.607","sectionType":"section","heading":"Continuation of tribunals","content":"### sec.607 Continuation of tribunals\n\nEach medical assessment tribunal in existence under the repealed Act immediately before the commencement of this section continues in existence as the corresponding tribunal under this Act.\ns 607 amd 2003 No. 85 s 28 sch","sortOrder":1096},{"sectionNumber":"ch.15-pt.9","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":1097},{"sectionNumber":"sec.608","sectionType":"section","heading":"Offences","content":"### sec.608 Offences\n\nProceedings for an offence against the repealed Act may be started or continued as if this Act had not been passed.\nHowever, section 579 applies as if the proceeding were for an offence under this Act.\n(sec.608-ssec.1) Proceedings for an offence against the repealed Act may be started or continued as if this Act had not been passed.\n(sec.608-ssec.2) However, section 579 applies as if the proceeding were for an offence under this Act.","sortOrder":1098},{"sectionNumber":"ch.15-pt.10","sectionType":"part","heading":"Reviews and appeals","content":"# Reviews and appeals","sortOrder":1099},{"sectionNumber":"sec.609","sectionType":"section","heading":"Decisions by WorkCover or self-insurer","content":"### sec.609 Decisions by WorkCover or self-insurer\n\nChapter 9 of the repealed Act, as in force immediately before 1 July 1999, continues to apply to a decision made by WorkCover or a self-insurer before 1 July 1999 as if the WorkCover Queensland Amendment Act 1999 , section 45, had not been enacted.","sortOrder":1100},{"sectionNumber":"ch.15-pt.11","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":1101},{"sectionNumber":"sec.610","sectionType":"section","heading":"Claim for loss of consortium","content":"### sec.610 Claim for loss of consortium\n\nTo remove any doubt, the repeal of section 316 of the repealed Act does not affect the preservation of the entitlement to seek damages for loss of consortium in relation to an injury.\ns 610 amd 2010 No. 24 s 3 sch","sortOrder":1102},{"sectionNumber":"sec.611","sectionType":"section","heading":"Spouse of worker dying before 1 April 2004","content":"### sec.611 Spouse of worker dying before 1 April 2004\n\nThis section applies in relation to a death of a worker that happens after the commencement of this section but before 1 April 2004.\nFor this Act, the spouse of the deceased worker includes a person who, although not legally married to the deceased worker—\nlived with the worker as the worker’s husband or wife for a continuous period of at least 1 year immediately before the commencement of this section; and\ncontinued to live with the worker as the worker’s husband or wife until the worker died.\n(sec.611-ssec.1) This section applies in relation to a death of a worker that happens after the commencement of this section but before 1 April 2004.\n(sec.611-ssec.2) For this Act, the spouse of the deceased worker includes a person who, although not legally married to the deceased worker— lived with the worker as the worker’s husband or wife for a continuous period of at least 1 year immediately before the commencement of this section; and continued to live with the worker as the worker’s husband or wife until the worker died.\n- (a) lived with the worker as the worker’s husband or wife for a continuous period of at least 1 year immediately before the commencement of this section; and\n- (b) continued to live with the worker as the worker’s husband or wife until the worker died.","sortOrder":1103},{"sectionNumber":"ch.31-pt.1","sectionType":"part","heading":"Amendments commencing on introduction of Bill","content":"# Amendments commencing on introduction of Bill","sortOrder":1104},{"sectionNumber":"sec.678","sectionType":"section","heading":"Injuries sustained before commencement","content":"### sec.678 Injuries sustained before commencement\n\nThis section applies if a worker sustained an injury before the commencement.\nThe pre-amended Act continues to apply in relation to the injury as if the amendment Act had not been enacted.\nWithout limiting subsection (2)—\nthe amount of compensation payable in relation to the injury must be worked out under the pre-amended Act; and\nchapter 5 of the pre-amended Act applies in relation to damages for the injury.\nIn this section—\namendment Act means the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 .\ncommencement means the commencement of this section.\npre-amended Act means this Act as in force before the commencement.\ns 678 ins 2013 No. 52 s 40 (retro)\n(sec.678-ssec.1) This section applies if a worker sustained an injury before the commencement.\n(sec.678-ssec.2) The pre-amended Act continues to apply in relation to the injury as if the amendment Act had not been enacted.\n(sec.678-ssec.3) Without limiting subsection (2)— the amount of compensation payable in relation to the injury must be worked out under the pre-amended Act; and chapter 5 of the pre-amended Act applies in relation to damages for the injury.\n(sec.678-ssec.4) In this section— amendment Act means the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 . commencement means the commencement of this section. pre-amended Act means this Act as in force before the commencement.\n- (a) the amount of compensation payable in relation to the injury must be worked out under the pre-amended Act; and\n- (b) chapter 5 of the pre-amended Act applies in relation to damages for the injury.","sortOrder":1105},{"sectionNumber":"ch.31-pt.2","sectionType":"part","heading":"Amendments commencing on assent","content":"# Amendments commencing on assent","sortOrder":1106},{"sectionNumber":"ch.31-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":1107},{"sectionNumber":"sec.679","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.679 Definitions for pt 2\n\nIn this part—\namended Act means this Act as in force at the commencement.\namendment Act means the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 .\ncommencement means the commencement of this section.\nformer Authority means the Workers’ Compensation Regulatory Authority established under the pre-amended Act.\nformer board means the former Authority’s board of directors established under section 335 of the pre-amended Act.\nformer entity means—\nthe former Authority; or\nthe former board; or\nthe chief executive officer of the former Authority appointed under section 355 of the pre-amended Act.\npre-amended Act means this Act as in force before the commencement.\ns 679 ins 2013 No. 52 s 107\n- (a) the former Authority; or\n- (b) the former board; or\n- (c) the chief executive officer of the former Authority appointed under section 355 of the pre-amended Act.","sortOrder":1108},{"sectionNumber":"ch.31-pt.2-div.2","sectionType":"division","heading":"Existing injuries","content":"## Existing injuries","sortOrder":1109},{"sectionNumber":"sec.680","sectionType":"section","heading":"Injuries sustained before commencement","content":"### sec.680 Injuries sustained before commencement\n\nThis section applies if a worker sustained an injury before the commencement.\nThe pre-amended Act continues to apply in relation to the injury as if the amendment Act had not been enacted.\nWithout limiting subsection (2)—\nthe amount of compensation payable in relation to the injury must be worked out under the pre-amended Act; and\nchapter 5 of the pre-amended Act applies in relation to damages for the injury.\nIn this section—\ninjury has the meaning given by section 32 of the pre-amended Act.\ns 680 ins 2013 No. 52 s 107\n(sec.680-ssec.1) This section applies if a worker sustained an injury before the commencement.\n(sec.680-ssec.2) The pre-amended Act continues to apply in relation to the injury as if the amendment Act had not been enacted.\n(sec.680-ssec.3) Without limiting subsection (2)— the amount of compensation payable in relation to the injury must be worked out under the pre-amended Act; and chapter 5 of the pre-amended Act applies in relation to damages for the injury.\n(sec.680-ssec.4) In this section— injury has the meaning given by section 32 of the pre-amended Act.\n- (a) the amount of compensation payable in relation to the injury must be worked out under the pre-amended Act; and\n- (b) chapter 5 of the pre-amended Act applies in relation to damages for the injury.","sortOrder":1110},{"sectionNumber":"ch.31-pt.2-div.3","sectionType":"division","heading":"Abolition of former Authority and transfer of assets etc.","content":"## Abolition of former Authority and transfer of assets etc.","sortOrder":1111},{"sectionNumber":"sec.681","sectionType":"section","heading":"Abolition of former Authority etc.","content":"### sec.681 Abolition of former Authority etc.\n\nAt the commencement—\nthe former Authority and the former board are abolished; and\nthe members of the former board stop being members of the board; and\nthe appointment and employment of the chief executive officer of the former Authority ends.\nSubsection (1)(b) or (c) does not affect the member’s or chief executive officer’s appointment in any other office.\nThis section is subject to section 683.\ns 681 ins 2013 No. 52 s 107\n(sec.681-ssec.1) At the commencement— the former Authority and the former board are abolished; and the members of the former board stop being members of the board; and the appointment and employment of the chief executive officer of the former Authority ends.\n(sec.681-ssec.2) Subsection (1)(b) or (c) does not affect the member’s or chief executive officer’s appointment in any other office.\n(sec.681-ssec.3) This section is subject to section 683.\n- (a) the former Authority and the former board are abolished; and\n- (b) the members of the former board stop being members of the board; and\n- (c) the appointment and employment of the chief executive officer of the former Authority ends.","sortOrder":1112},{"sectionNumber":"sec.682","sectionType":"section","heading":"Employees of former Authority to be employed by department","content":"### sec.682 Employees of former Authority to be employed by department\n\nThis section applies to a person who, immediately before the commencement, was employed by the former Authority.\nFrom the commencement—\nthe person ceases to be an employee of the former Authority; and\nis employed by the department under the department’s relevant industrial instrument.\nAlso, the following applies for the person—\nthe person retains and is entitled to all rights, benefits and entitlements that have accrued to the person because of the person’s previous employment as an employee of the former Authority;\nthe person’s accruing rights, including to superannuation or recreation, sick, long service or other leave, are not affected;\ncontinuity of service is not interrupted, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service;\nthe employment does not constitute a termination of employment or a retrenchment or redundancy;\nthe person is not entitled to a payment or other benefit because he or she is no longer employed by the former Authority.\nIf a person employed under subsection (2) was employed by the former Authority under a contract, the person is taken to be employed by the department under the contract under which the person was employed before the commencement.\nSubsection (6) applies if a person mentioned in subsection (2) was entitled to total remuneration for the employment with the former Authority that is higher than the total remuneration payable under the relevant industrial instrument for a person starting in the position with the department to which the person has been transferred.\nThe person’s total remuneration must not be increased until the person’s total remuneration aligns with the total remuneration payable under the relevant industrial instrument to a person who has held the position for the same amount of time.\nSubject to this section, the chief executive may issue a direction to a person to facilitate the transition of employees from the former Authority to the department.\nA person given a direction must comply with the direction.\nThis section has effect despite any other law or instrument.\nIn this section—\nemployee , of the former Authority, does not include the chief executive officer appointed under the section 355 of the pre-amended Act.\ns 682 ins 2013 No. 52 s 107\n(sec.682-ssec.1) This section applies to a person who, immediately before the commencement, was employed by the former Authority.\n(sec.682-ssec.2) From the commencement— the person ceases to be an employee of the former Authority; and is employed by the department under the department’s relevant industrial instrument.\n(sec.682-ssec.3) Also, the following applies for the person— the person retains and is entitled to all rights, benefits and entitlements that have accrued to the person because of the person’s previous employment as an employee of the former Authority; the person’s accruing rights, including to superannuation or recreation, sick, long service or other leave, are not affected; continuity of service is not interrupted, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; the employment does not constitute a termination of employment or a retrenchment or redundancy; the person is not entitled to a payment or other benefit because he or she is no longer employed by the former Authority.\n(sec.682-ssec.4) If a person employed under subsection (2) was employed by the former Authority under a contract, the person is taken to be employed by the department under the contract under which the person was employed before the commencement.\n(sec.682-ssec.5) Subsection (6) applies if a person mentioned in subsection (2) was entitled to total remuneration for the employment with the former Authority that is higher than the total remuneration payable under the relevant industrial instrument for a person starting in the position with the department to which the person has been transferred.\n(sec.682-ssec.6) The person’s total remuneration must not be increased until the person’s total remuneration aligns with the total remuneration payable under the relevant industrial instrument to a person who has held the position for the same amount of time.\n(sec.682-ssec.7) Subject to this section, the chief executive may issue a direction to a person to facilitate the transition of employees from the former Authority to the department.\n(sec.682-ssec.8) A person given a direction must comply with the direction.\n(sec.682-ssec.9) This section has effect despite any other law or instrument.\n(sec.682-ssec.10) In this section— employee , of the former Authority, does not include the chief executive officer appointed under the section 355 of the pre-amended Act.\n- (a) the person ceases to be an employee of the former Authority; and\n- (b) is employed by the department under the department’s relevant industrial instrument.\n- (a) the person retains and is entitled to all rights, benefits and entitlements that have accrued to the person because of the person’s previous employment as an employee of the former Authority;\n- (b) the person’s accruing rights, including to superannuation or recreation, sick, long service or other leave, are not affected;\n- (c) continuity of service is not interrupted, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service;\n- (d) the employment does not constitute a termination of employment or a retrenchment or redundancy;\n- (e) the person is not entitled to a payment or other benefit because he or she is no longer employed by the former Authority.","sortOrder":1113},{"sectionNumber":"sec.683","sectionType":"section","heading":"Continuation of former board until 30 June 2014 for particular purposes","content":"### sec.683 Continuation of former board until 30 June 2014 for particular purposes\n\nThe former board continues in existence until 30 June 2014 for—\nperforming a function, or exercising a power delegated to the former board by the Regulator; and\napproving amounts under section 107E on behalf of the Regulator; and\npreparing a report under section 332, 333 or 334 of the pre-amended Act for operations of the former Authority before commencement; and\nthe following—\nkeeping the Minister reasonably informed of the operation of the workers’ compensation scheme;\npreparing and providing to the Minister reports and information that the Minister requires about the operation of the workers’ compensation scheme;\nassisting the Regulator perform the functions stated in section 327 in a proper, effective and efficient way;\nmonitoring the performance and outcomes of medical assessment tribunals;\nkeeping the Minister informed, on its own initiative or if the Minister asks, about the board’s responsibilities and functions under this section.\nFor subsection (1)(b), the board is taken to have been delegated the power mentioned in that section by the Regulator.\nAnything done by the former board under a delegation mentioned in subsection (1)(a) or (2) is taken to have been done by the Regulator.\nThe following provisions of the pre-amended Act apply in relation to the board performing a function, or exercising a power, mentioned in subsection (1) as if the amendment Act had not been enacted—\nchapter 7, part 4, divisions 2 and 3;\nany other provision of the pre-amended Act relevant to the board performing functions.\nA provision mentioned in subsection (4) applies—\nas if any reference in the provision to the Authority’s chief executive officer were a reference to the Regulator; and\nwith any other necessary changes.\ns 683 ins 2013 No. 52 s 107\n(sec.683-ssec.1) The former board continues in existence until 30 June 2014 for— performing a function, or exercising a power delegated to the former board by the Regulator; and approving amounts under section 107E on behalf of the Regulator; and preparing a report under section 332, 333 or 334 of the pre-amended Act for operations of the former Authority before commencement; and the following— keeping the Minister reasonably informed of the operation of the workers’ compensation scheme; preparing and providing to the Minister reports and information that the Minister requires about the operation of the workers’ compensation scheme; assisting the Regulator perform the functions stated in section 327 in a proper, effective and efficient way; monitoring the performance and outcomes of medical assessment tribunals; keeping the Minister informed, on its own initiative or if the Minister asks, about the board’s responsibilities and functions under this section.\n(sec.683-ssec.2) For subsection (1)(b), the board is taken to have been delegated the power mentioned in that section by the Regulator.\n(sec.683-ssec.3) Anything done by the former board under a delegation mentioned in subsection (1)(a) or (2) is taken to have been done by the Regulator.\n(sec.683-ssec.4) The following provisions of the pre-amended Act apply in relation to the board performing a function, or exercising a power, mentioned in subsection (1) as if the amendment Act had not been enacted— chapter 7, part 4, divisions 2 and 3; any other provision of the pre-amended Act relevant to the board performing functions.\n(sec.683-ssec.5) A provision mentioned in subsection (4) applies— as if any reference in the provision to the Authority’s chief executive officer were a reference to the Regulator; and with any other necessary changes.\n- (a) performing a function, or exercising a power delegated to the former board by the Regulator; and\n- (b) approving amounts under section 107E on behalf of the Regulator; and\n- (c) preparing a report under section 332, 333 or 334 of the pre-amended Act for operations of the former Authority before commencement; and\n- (d) the following— (i) keeping the Minister reasonably informed of the operation of the workers’ compensation scheme; (ii) preparing and providing to the Minister reports and information that the Minister requires about the operation of the workers’ compensation scheme; (iii) assisting the Regulator perform the functions stated in section 327 in a proper, effective and efficient way; (iv) monitoring the performance and outcomes of medical assessment tribunals; (v) keeping the Minister informed, on its own initiative or if the Minister asks, about the board’s responsibilities and functions under this section.\n- (i) keeping the Minister reasonably informed of the operation of the workers’ compensation scheme;\n- (ii) preparing and providing to the Minister reports and information that the Minister requires about the operation of the workers’ compensation scheme;\n- (iii) assisting the Regulator perform the functions stated in section 327 in a proper, effective and efficient way;\n- (iv) monitoring the performance and outcomes of medical assessment tribunals;\n- (v) keeping the Minister informed, on its own initiative or if the Minister asks, about the board’s responsibilities and functions under this section.\n- (i) keeping the Minister reasonably informed of the operation of the workers’ compensation scheme;\n- (ii) preparing and providing to the Minister reports and information that the Minister requires about the operation of the workers’ compensation scheme;\n- (iii) assisting the Regulator perform the functions stated in section 327 in a proper, effective and efficient way;\n- (iv) monitoring the performance and outcomes of medical assessment tribunals;\n- (v) keeping the Minister informed, on its own initiative or if the Minister asks, about the board’s responsibilities and functions under this section.\n- (a) chapter 7, part 4, divisions 2 and 3;\n- (b) any other provision of the pre-amended Act relevant to the board performing functions.\n- (a) as if any reference in the provision to the Authority’s chief executive officer were a reference to the Regulator; and\n- (b) with any other necessary changes.","sortOrder":1114},{"sectionNumber":"sec.684","sectionType":"section","heading":"State is legal successor","content":"### sec.684 State is legal successor\n\nThe State is the successor in law of the Authority.\nSubsection (1) is not limited by another provision of this division.\ns 684 ins 2013 No. 52 s 107\n(sec.684-ssec.1) The State is the successor in law of the Authority.\n(sec.684-ssec.2) Subsection (1) is not limited by another provision of this division.","sortOrder":1115},{"sectionNumber":"sec.685","sectionType":"section","heading":"Assets and liabilities etc. of former Authority","content":"### sec.685 Assets and liabilities etc. of former Authority\n\nAt the commencement—\nthe assets and liabilities of the former Authority immediately before the commencement become assets and liabilities of the State; and\nany agreements, undertakings or other arrangements to which the former Authority is a party, in force immediately before the commencement—\nare taken to have been entered into by State; and\nmay be enforced against or by State.\ns 685 ins 2013 No. 52 s 107\n- (a) the assets and liabilities of the former Authority immediately before the commencement become assets and liabilities of the State; and\n- (b) any agreements, undertakings or other arrangements to which the former Authority is a party, in force immediately before the commencement— (i) are taken to have been entered into by State; and (ii) may be enforced against or by State.\n- (i) are taken to have been entered into by State; and\n- (ii) may be enforced against or by State.\n- (i) are taken to have been entered into by State; and\n- (ii) may be enforced against or by State.","sortOrder":1116},{"sectionNumber":"sec.686","sectionType":"section","heading":"Proceeding not yet started against former entity","content":"### sec.686 Proceeding not yet started against former entity\n\nThis section applies if, immediately before the commencement, a proceeding could have been started by or against a former entity within a particular period (the prescribed period ).\nThe proceeding may be started, within the prescribed period, by or against—\nfor an appeal against a review decision of the former Authority—the Regulator; or\notherwise—the State.\ns 686 ins 2013 No. 52 s 107\n(sec.686-ssec.1) This section applies if, immediately before the commencement, a proceeding could have been started by or against a former entity within a particular period (the prescribed period ).\n(sec.686-ssec.2) The proceeding may be started, within the prescribed period, by or against— for an appeal against a review decision of the former Authority—the Regulator; or otherwise—the State.\n- (a) for an appeal against a review decision of the former Authority—the Regulator; or\n- (b) otherwise—the State.","sortOrder":1117},{"sectionNumber":"sec.687","sectionType":"section","heading":"Proceeding to which former entity was a party","content":"### sec.687 Proceeding to which former entity was a party\n\nThis section applies to a proceeding that, immediately before the commencement, had not ended and to which a former entity was a party.\nAt the commencement, the following entity becomes a party to the proceeding in place of the former entity—\nfor an appeal against a review decision of the former entity—the Regulator;\notherwise—the State.\ns 687 ins 2013 No. 52 s 107\n(sec.687-ssec.1) This section applies to a proceeding that, immediately before the commencement, had not ended and to which a former entity was a party.\n(sec.687-ssec.2) At the commencement, the following entity becomes a party to the proceeding in place of the former entity— for an appeal against a review decision of the former entity—the Regulator; otherwise—the State.\n- (a) for an appeal against a review decision of the former entity—the Regulator;\n- (b) otherwise—the State.","sortOrder":1118},{"sectionNumber":"sec.688","sectionType":"section","heading":"Records of former entity","content":"### sec.688 Records of former entity\n\nThe records of a former entity are, from the commencement, records of—\nif the record relates to a function of a former entity under this Act that, from the commencement, is a function of the Regulator—the Regulator; or\nif the record relates to a function of a former entity under this Act that, from the commencement, is a function of WorkCover—WorkCover; or\notherwise—the State.\ns 688 ins 2013 No. 52 s 107\n- (a) if the record relates to a function of a former entity under this Act that, from the commencement, is a function of the Regulator—the Regulator; or\n- (b) if the record relates to a function of a former entity under this Act that, from the commencement, is a function of WorkCover—WorkCover; or\n- (c) otherwise—the State.","sortOrder":1119},{"sectionNumber":"sec.689","sectionType":"section","heading":"References to former entity","content":"### sec.689 References to former entity\n\nIn an instrument, a reference to a former entity is taken, if the context permits, to be a reference to—\nif the reference relates to a function of the former entity under this Act that, from the commencement, is a function of the Regulator—the Regulator; or\nif the reference relates to a function of the former entity under this Act that, from the commencement, is a function of WorkCover—WorkCover; or\notherwise—the State.\ns 689 ins 2013 No. 52 s 107\n- (a) if the reference relates to a function of the former entity under this Act that, from the commencement, is a function of the Regulator—the Regulator; or\n- (b) if the reference relates to a function of the former entity under this Act that, from the commencement, is a function of WorkCover—WorkCover; or\n- (c) otherwise—the State.","sortOrder":1120},{"sectionNumber":"sec.690","sectionType":"section","heading":"Offences relating to former entity","content":"### sec.690 Offences relating to former entity\n\nThis section applies if—\nunder a provision of the pre-amended Act, a person who did or omitted to do an act in relation to a former entity or something done or required to be done by a former entity, committed an offence; and\nthe provision is—\namended by the amendment Act so that it no longer applies in relation to the former entity, or something done or required to be done by the former entity; or\nis repealed by the amendment Act.\nA proceeding for the offence may be continued or started, and the provisions of the pre-amended Act that are necessary or convenient to be used in relation to the proceeding continue to apply, as if the amendment Act had not been enacted.\nFor subsection (2), the Acts Interpretation Act 1954 , section 20 applies, but does not limit the subsection.\nSubsection (2) applies despite the Criminal Code, section 11.\ns 690 ins 2013 No. 52 s 107\n(sec.690-ssec.1) This section applies if— under a provision of the pre-amended Act, a person who did or omitted to do an act in relation to a former entity or something done or required to be done by a former entity, committed an offence; and the provision is— amended by the amendment Act so that it no longer applies in relation to the former entity, or something done or required to be done by the former entity; or is repealed by the amendment Act.\n(sec.690-ssec.2) A proceeding for the offence may be continued or started, and the provisions of the pre-amended Act that are necessary or convenient to be used in relation to the proceeding continue to apply, as if the amendment Act had not been enacted.\n(sec.690-ssec.3) For subsection (2), the Acts Interpretation Act 1954 , section 20 applies, but does not limit the subsection.\n(sec.690-ssec.4) Subsection (2) applies despite the Criminal Code, section 11.\n- (a) under a provision of the pre-amended Act, a person who did or omitted to do an act in relation to a former entity or something done or required to be done by a former entity, committed an offence; and\n- (b) the provision is— (i) amended by the amendment Act so that it no longer applies in relation to the former entity, or something done or required to be done by the former entity; or (ii) is repealed by the amendment Act.\n- (i) amended by the amendment Act so that it no longer applies in relation to the former entity, or something done or required to be done by the former entity; or\n- (ii) is repealed by the amendment Act.\n- (i) amended by the amendment Act so that it no longer applies in relation to the former entity, or something done or required to be done by the former entity; or\n- (ii) is repealed by the amendment Act.","sortOrder":1121},{"sectionNumber":"sec.691","sectionType":"section","heading":"Existing applications and requests made to former entity","content":"### sec.691 Existing applications and requests made to former entity\n\nThis section applies to an application or request to a former entity under this Act made, but not decided, before the commencement.\nThe application or request is taken to have been made to the Regulator and must be dealt with by the Regulator under this Act, including as provided for in this chapter.\nFor the purpose of working out any time period relevant to dealing with the application or request—\nthe application or request is taken to have been made to the Regulator when it was made to the former entity; and\nanything done by a former entity in relation to the application is taken to have been done by the Regulator when the former entity did the thing.\nAnything done by or in relation to the former entity in relation to the application or request is taken to have been done by or in relation to the Regulator.\nIf, because of the operation of section 680, the pre-amended Act applies in relation to an application or request, the pre-amended Act applies—\nas if a reference to a former entity was a reference to the Regulator; and\nwith any other necessary changes.\ns 691 ins 2013 No. 52 s 107\n(sec.691-ssec.1) This section applies to an application or request to a former entity under this Act made, but not decided, before the commencement.\n(sec.691-ssec.2) The application or request is taken to have been made to the Regulator and must be dealt with by the Regulator under this Act, including as provided for in this chapter.\n(sec.691-ssec.3) For the purpose of working out any time period relevant to dealing with the application or request— the application or request is taken to have been made to the Regulator when it was made to the former entity; and anything done by a former entity in relation to the application is taken to have been done by the Regulator when the former entity did the thing.\n(sec.691-ssec.4) Anything done by or in relation to the former entity in relation to the application or request is taken to have been done by or in relation to the Regulator.\n(sec.691-ssec.5) If, because of the operation of section 680, the pre-amended Act applies in relation to an application or request, the pre-amended Act applies— as if a reference to a former entity was a reference to the Regulator; and with any other necessary changes.\n- (a) the application or request is taken to have been made to the Regulator when it was made to the former entity; and\n- (b) anything done by a former entity in relation to the application is taken to have been done by the Regulator when the former entity did the thing.\n- (a) as if a reference to a former entity was a reference to the Regulator; and\n- (b) with any other necessary changes.","sortOrder":1122},{"sectionNumber":"sec.692","sectionType":"section","heading":"Table of costs","content":"### sec.692 Table of costs\n\nThe table of costs decided by the Authority under the pre-amended Act and in effect immediately before the commencement—\ncontinues in effect; and\nis, from the commencement, taken to have been decided by WorkCover under the amended Act.\ns 692 ins 2013 No. 52 s 107\n- (a) continues in effect; and\n- (b) is, from the commencement, taken to have been decided by WorkCover under the amended Act.","sortOrder":1123},{"sectionNumber":"sec.693","sectionType":"section","heading":"Cost of hospitalisation","content":"### sec.693 Cost of hospitalisation\n\nA gazette notice published by the Authority for section 217 of the pre-amended Act and in effect immediately before the commencement—\ncontinues in effect; and\nis, from the commencement, taken to have been published by WorkCover under section 217 of the amended Act.\nA gazette notice published by the Authority for section 218A of the pre-amended Act and in effect immediately before the commencement—\ncontinues in effect; and\nis, from the commencement, taken to have been published by WorkCover under section 218A of the amended Act.\ns 693 ins 2013 No. 52 s 107\n(sec.693-ssec.1) A gazette notice published by the Authority for section 217 of the pre-amended Act and in effect immediately before the commencement— continues in effect; and is, from the commencement, taken to have been published by WorkCover under section 217 of the amended Act.\n(sec.693-ssec.2) A gazette notice published by the Authority for section 218A of the pre-amended Act and in effect immediately before the commencement— continues in effect; and is, from the commencement, taken to have been published by WorkCover under section 218A of the amended Act.\n- (a) continues in effect; and\n- (b) is, from the commencement, taken to have been published by WorkCover under section 217 of the amended Act.\n- (a) continues in effect; and\n- (b) is, from the commencement, taken to have been published by WorkCover under section 218A of the amended Act.","sortOrder":1124},{"sectionNumber":"sec.694","sectionType":"section","heading":"Directions of Minister","content":"### sec.694 Directions of Minister\n\nThis section applies to a direction given by the Minister under section 476, 477 or 479 of the pre-amended Act that has not been fully complied with immediately before the commencement.\nThe direction ceases to have effect at the commencement.\ns 694 ins 2013 No. 52 s 107\n(sec.694-ssec.1) This section applies to a direction given by the Minister under section 476, 477 or 479 of the pre-amended Act that has not been fully complied with immediately before the commencement.\n(sec.694-ssec.2) The direction ceases to have effect at the commencement.","sortOrder":1125},{"sectionNumber":"sec.695","sectionType":"section","heading":"Monitoring and assessment of former Authority","content":"### sec.695 Monitoring and assessment of former Authority\n\nThis section applies to an investigation started, but not finished, under section 478 of the pre-amended Act before the commencement.\nThe investigation, and any requirement applying in relation to the investigation, ends at the commencement.\ns 695 ins 2013 No. 52 s 107\n(sec.695-ssec.1) This section applies to an investigation started, but not finished, under section 478 of the pre-amended Act before the commencement.\n(sec.695-ssec.2) The investigation, and any requirement applying in relation to the investigation, ends at the commencement.","sortOrder":1126},{"sectionNumber":"sec.696","sectionType":"section","heading":"Other things done or started by the former entity","content":"### sec.696 Other things done or started by the former entity\n\nThis section applies to anything done or started by a former entity under an Act (the Act )—\nwhose effect had not ended, or that has not been finished, immediately before commencement; and\nthat, at the commencement, is something that the Regulator can do under the Act ; and\nthat is not otherwise dealt with by a provision of the Act .\nthe procedure for cancelling a self-insurer’s licence under section 96 of the pre-amended Act\nThe thing done or started by the former entity—\ncontinues to have effect; and\nfrom the commencement, is taken to have been done or started by the Regulator; and\nfor a thing started by a former entity—may be completed by the Regulator.\ns 696 ins 2013 No. 52 s 107\n(sec.696-ssec.1) This section applies to anything done or started by a former entity under an Act (the Act )— whose effect had not ended, or that has not been finished, immediately before commencement; and that, at the commencement, is something that the Regulator can do under the Act ; and that is not otherwise dealt with by a provision of the Act . the procedure for cancelling a self-insurer’s licence under section 96 of the pre-amended Act\n(sec.696-ssec.2) The thing done or started by the former entity— continues to have effect; and from the commencement, is taken to have been done or started by the Regulator; and for a thing started by a former entity—may be completed by the Regulator.\n- (a) whose effect had not ended, or that has not been finished, immediately before commencement; and\n- (b) that, at the commencement, is something that the Regulator can do under the Act ; and\n- (c) that is not otherwise dealt with by a provision of the Act . Example of a thing started by the former Authority— the procedure for cancelling a self-insurer’s licence under section 96 of the pre-amended Act\n- (a) continues to have effect; and\n- (b) from the commencement, is taken to have been done or started by the Regulator; and\n- (c) for a thing started by a former entity—may be completed by the Regulator.","sortOrder":1127},{"sectionNumber":"sec.697","sectionType":"section","heading":"Other things required to be done by or in relation to the former entity","content":"### sec.697 Other things required to be done by or in relation to the former entity\n\nThis section applies to anything required to be done by, or in relation to, a former entity under an Act (the Act ), if—\nthe requirement to do the thing has not been complied with at the commencement; and\nat the commencement, the thing is something that the Regulator is required to do, or may require another person to do, under the Act ; and\ncompliance with the requirement to do the thing is not otherwise dealt with by a provision of this Act.\na requirement to give advice or information to the former Authority (see, for example, section 68A of the pre-amended Act)\nThe requirement to do the thing—\ncontinues to have effect; and\nfrom the commencement, is taken to be a requirement of, or applying in relation to, the Regulator.\ns 697 ins 2013 No. 52 s 107\n(sec.697-ssec.1) This section applies to anything required to be done by, or in relation to, a former entity under an Act (the Act ), if— the requirement to do the thing has not been complied with at the commencement; and at the commencement, the thing is something that the Regulator is required to do, or may require another person to do, under the Act ; and compliance with the requirement to do the thing is not otherwise dealt with by a provision of this Act. a requirement to give advice or information to the former Authority (see, for example, section 68A of the pre-amended Act)\n(sec.697-ssec.2) The requirement to do the thing— continues to have effect; and from the commencement, is taken to be a requirement of, or applying in relation to, the Regulator.\n- (a) the requirement to do the thing has not been complied with at the commencement; and\n- (b) at the commencement, the thing is something that the Regulator is required to do, or may require another person to do, under the Act ; and\n- (c) compliance with the requirement to do the thing is not otherwise dealt with by a provision of this Act.\n- (a) continues to have effect; and\n- (b) from the commencement, is taken to be a requirement of, or applying in relation to, the Regulator.","sortOrder":1128},{"sectionNumber":"sec.698","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.698 Evidentiary provisions\n\nSections 375(3), 376, 377 and 583(1) and (2) of the pre-amended Act continue to apply as if the amendment Act had not been enacted.\ns 698 ins 2013 No. 52 s 107","sortOrder":1129},{"sectionNumber":"ch.31-pt.2-div.4","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":1130},{"sectionNumber":"sec.699","sectionType":"section","heading":"Insurer’s responsibility for worker’s rehabilitation","content":"### sec.699 Insurer’s responsibility for worker’s rehabilitation\n\nSection 220(2) applies in relation to a worker who lodges a notice of claim, whether the claim is lodged before or after the commencement.\nHowever, section 220(2) does not apply if a proceeding for damages in relation to the worker’s injury has started before the commencement.\ns 699 ins 2013 No. 52 s 107\n(sec.699-ssec.1) Section 220(2) applies in relation to a worker who lodges a notice of claim, whether the claim is lodged before or after the commencement.\n(sec.699-ssec.2) However, section 220(2) does not apply if a proceeding for damages in relation to the worker’s injury has started before the commencement.","sortOrder":1131},{"sectionNumber":"sec.700","sectionType":"section","heading":"Disclosing pre-existing injury","content":"### sec.700 Disclosing pre-existing injury\n\nSection 571B applies only in relation to an employment process, within the meaning of section 571A, started after the commencement.\ns 700 ins 2013 No. 52 s 107","sortOrder":1132},{"sectionNumber":"sec.701","sectionType":"section","heading":"Authorised persons","content":"### sec.701 Authorised persons\n\nA person who, immediately before the commencement, was an authorised person appointed under section 370 of the pre-amended Act is taken to be an authorised person appointed under section 330—\nuntil the end of the term of appointment under the pre-amended Act; and\non the conditions of the appointment under the pre-amended Act that are consistent with this Act.\nThe Regulator must issue the authorised person an identity card under section 333 as soon as practicable after the commencement.\ns 701 ins 2013 No. 52 s 107\n(sec.701-ssec.1) A person who, immediately before the commencement, was an authorised person appointed under section 370 of the pre-amended Act is taken to be an authorised person appointed under section 330— until the end of the term of appointment under the pre-amended Act; and on the conditions of the appointment under the pre-amended Act that are consistent with this Act.\n(sec.701-ssec.2) The Regulator must issue the authorised person an identity card under section 333 as soon as practicable after the commencement.\n- (a) until the end of the term of appointment under the pre-amended Act; and\n- (b) on the conditions of the appointment under the pre-amended Act that are consistent with this Act.","sortOrder":1133},{"sectionNumber":"sec.702","sectionType":"section","heading":"Requirement of authorised person under previous s 519","content":"### sec.702 Requirement of authorised person under previous s 519\n\nThis section applies to a requirement made by an authorised person under section 519(2) of the pre-amended Act if the time for complying with the requirement has not passed at the commencement.\nThe requirement—\ncontinues to have effect; and\nfrom the commencement, is taken to be a requirement made by an authorised person under section 532C(2).\ns 702 ins 2013 No. 52 s 107\n(sec.702-ssec.1) This section applies to a requirement made by an authorised person under section 519(2) of the pre-amended Act if the time for complying with the requirement has not passed at the commencement.\n(sec.702-ssec.2) The requirement— continues to have effect; and from the commencement, is taken to be a requirement made by an authorised person under section 532C(2).\n- (a) continues to have effect; and\n- (b) from the commencement, is taken to be a requirement made by an authorised person under section 532C(2).","sortOrder":1134},{"sectionNumber":"sec.703","sectionType":"section","heading":"Requirement of authorised person under previous s 520","content":"### sec.703 Requirement of authorised person under previous s 520\n\nThis section applies to a requirement made by an authorised person under section 520(3)(b) of the pre-amended Act if the time for complying with the requirement has not passed at the commencement.\nThe requirement—\ncontinues to have effect; and\nfrom the commencement, is taken to be a requirement made by an authorised person under section 532D(3)(b).\ns 703 ins 2013 No. 52 s 107\n(sec.703-ssec.1) This section applies to a requirement made by an authorised person under section 520(3)(b) of the pre-amended Act if the time for complying with the requirement has not passed at the commencement.\n(sec.703-ssec.2) The requirement— continues to have effect; and from the commencement, is taken to be a requirement made by an authorised person under section 532D(3)(b).\n- (a) continues to have effect; and\n- (b) from the commencement, is taken to be a requirement made by an authorised person under section 532D(3)(b).","sortOrder":1135},{"sectionNumber":"sec.704","sectionType":"section","heading":"Existing warrants","content":"### sec.704 Existing warrants\n\nThis section applies to a warrant issued under the pre-amended Act, chapter 12, part 1 (the previous warrant ) if, immediately before the commencement, the warrant was in effect and had not been executed.\nThe previous warrant—\ncontinues to have effect according to its terms; and\nis taken to be a search warrant issued under section 521.\ns 704 ins 2013 No. 52 s 107\n(sec.704-ssec.1) This section applies to a warrant issued under the pre-amended Act, chapter 12, part 1 (the previous warrant ) if, immediately before the commencement, the warrant was in effect and had not been executed.\n(sec.704-ssec.2) The previous warrant— continues to have effect according to its terms; and is taken to be a search warrant issued under section 521.\n- (a) continues to have effect according to its terms; and\n- (b) is taken to be a search warrant issued under section 521.","sortOrder":1136},{"sectionNumber":"sec.705","sectionType":"section","heading":"Dealing with seized property","content":"### sec.705 Dealing with seized property\n\nThis section applies to a thing seized under the pre-amended Act, section 524, that has not been finally dealt with under the pre-amended Act before commencement.\nThe thing is taken to have been seized under section 529.\nA receipt given for the thing under the pre-amended Act is taken to be a receipt given for the thing under section 530.\nFor applying this Act to the seizure, the period mentioned in section 532 is taken to have started when the thing was seized under the pre-amended Act.\ns 705 ins 2013 No. 52 s 107\n(sec.705-ssec.1) This section applies to a thing seized under the pre-amended Act, section 524, that has not been finally dealt with under the pre-amended Act before commencement.\n(sec.705-ssec.2) The thing is taken to have been seized under section 529.\n(sec.705-ssec.3) A receipt given for the thing under the pre-amended Act is taken to be a receipt given for the thing under section 530.\n(sec.705-ssec.4) For applying this Act to the seizure, the period mentioned in section 532 is taken to have started when the thing was seized under the pre-amended Act.","sortOrder":1137},{"sectionNumber":"sec.706","sectionType":"section","heading":"Protection from liability","content":"### sec.706 Protection from liability\n\nSection 374 of the pre-amended Act continues to apply, despite its repeal by the amendment Act, in relation to an act done or omission made by the authorised person before commencement.\nFor subsection (1), the reference in section 374(2) of the pre-amended Act to the Authority is taken to be a reference to the State.\ns 706 ins 2013 No. 52 s 107\n(sec.706-ssec.1) Section 374 of the pre-amended Act continues to apply, despite its repeal by the amendment Act, in relation to an act done or omission made by the authorised person before commencement.\n(sec.706-ssec.2) For subsection (1), the reference in section 374(2) of the pre-amended Act to the Authority is taken to be a reference to the State.","sortOrder":1138},{"sectionNumber":"ch.32-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":1139},{"sectionNumber":"sec.707","sectionType":"section","heading":"Definitions for ch 32","content":"### sec.707 Definitions for ch 32\n\nIn this chapter—\namendment Act means the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2015 .\nformer , for a provision, means the provision as in force from time to time before the repeal or amendment of the provision by the amendment Act.\ns 707 prev s 707 ins 2013 No. 52 s 107\nexp 29 October 2014 (see s 707(4))\npres s 707 ins 2015 No. 13 s 11 (retro)","sortOrder":1140},{"sectionNumber":"ch.32-pt.2","sectionType":"part","heading":"Amendments commencing on 31 January 2015","content":"# Amendments commencing on 31 January 2015","sortOrder":1141},{"sectionNumber":"sec.708","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.708 Definitions for pt 2\n\nIn this part—\npre-amended Act means this Act as in force before 31 January 2015.\ntransitional period means the period starting on 31 January 2015 and ending on the date of assent of the amendment Act.\ns 708 ins 2015 No. 13 s 11 (retro)","sortOrder":1142},{"sectionNumber":"sec.709","sectionType":"section","heading":"Injuries sustained before 31 January 2015","content":"### sec.709 Injuries sustained before 31 January 2015\n\nThis section applies if a worker sustained an injury before 31 January 2015.\nThe pre-amended Act continues to apply in relation to the injury as if the amendment Act had not been enacted.\nWithout limiting subsection (2)—\nthe amount of compensation payable in relation to the injury must be worked out under the pre-amended Act; and\nchapter 5 of the pre-amended Act applies in relation to damages, or a proceeding for damages, for the injury.\nAlso, if an insurer made a decision on an application in relation to the injury under former section 132A during the transitional period, a worker aggrieved by the decision may apply to have the decision reviewed under chapter 13.\ns 709 ins 2015 No. 13 s 11 (retro)\n(sec.709-ssec.1) This section applies if a worker sustained an injury before 31 January 2015.\n(sec.709-ssec.2) The pre-amended Act continues to apply in relation to the injury as if the amendment Act had not been enacted.\n(sec.709-ssec.3) Without limiting subsection (2)— the amount of compensation payable in relation to the injury must be worked out under the pre-amended Act; and chapter 5 of the pre-amended Act applies in relation to damages, or a proceeding for damages, for the injury.\n(sec.709-ssec.4) Also, if an insurer made a decision on an application in relation to the injury under former section 132A during the transitional period, a worker aggrieved by the decision may apply to have the decision reviewed under chapter 13.\n- (a) the amount of compensation payable in relation to the injury must be worked out under the pre-amended Act; and\n- (b) chapter 5 of the pre-amended Act applies in relation to damages, or a proceeding for damages, for the injury.","sortOrder":1143},{"sectionNumber":"sec.710","sectionType":"section","heading":"Application under s 132A during transitional period","content":"### sec.710 Application under s 132A during transitional period\n\nThis section applies if, during the transitional period—\nan injury was sustained by a worker; and\nan application was made under section 132A to have the worker’s injury assessed under section 179 to decide if the worker’s injury has resulted in a DPI.\nFormer section 132A applies to the application, despite its amendment by the amendment Act.\nHowever, if the worker is aggrieved by the insurer’s decision on the application, the worker may apply to have the decision reviewed under chapter 13.\nNothing in this section affects another provision of this Act about deciding—\nwhether a person was a worker; or\nwhether a worker sustained an injury; or\nthe date an injury was sustained.\ns 710 ins 2015 No. 13 s 11 (retro)\n(sec.710-ssec.1) This section applies if, during the transitional period— an injury was sustained by a worker; and an application was made under section 132A to have the worker’s injury assessed under section 179 to decide if the worker’s injury has resulted in a DPI.\n(sec.710-ssec.2) Former section 132A applies to the application, despite its amendment by the amendment Act.\n(sec.710-ssec.3) However, if the worker is aggrieved by the insurer’s decision on the application, the worker may apply to have the decision reviewed under chapter 13.\n(sec.710-ssec.4) Nothing in this section affects another provision of this Act about deciding— whether a person was a worker; or whether a worker sustained an injury; or the date an injury was sustained.\n- (a) an injury was sustained by a worker; and\n- (b) an application was made under section 132A to have the worker’s injury assessed under section 179 to decide if the worker’s injury has resulted in a DPI.\n- (a) whether a person was a worker; or\n- (b) whether a worker sustained an injury; or\n- (c) the date an injury was sustained.","sortOrder":1144},{"sectionNumber":"sec.711","sectionType":"section","heading":"Decision under s 189 not affected","content":"### sec.711 Decision under s 189 not affected\n\nThis section applies if—\na decision was made, or taken to have been made, by a worker under section 189 before the date of assent of the amendment Act; and\nthe injury to which the decision relates was sustained during the transitional period.\nThe enactment of the amendment Act does not affect the decision.\ns 711 ins 2015 No. 13 s 11 (retro)\n(sec.711-ssec.1) This section applies if— a decision was made, or taken to have been made, by a worker under section 189 before the date of assent of the amendment Act; and the injury to which the decision relates was sustained during the transitional period.\n(sec.711-ssec.2) The enactment of the amendment Act does not affect the decision.\n- (a) a decision was made, or taken to have been made, by a worker under section 189 before the date of assent of the amendment Act; and\n- (b) the injury to which the decision relates was sustained during the transitional period.","sortOrder":1145},{"sectionNumber":"ch.32-pt.3","sectionType":"part","heading":"Amendments commencing on introduction","content":"# Amendments commencing on introduction","sortOrder":1146},{"sectionNumber":"sec.712","sectionType":"section","heading":"Firefighter diagnosed with specified disease before commencement","content":"### sec.712 Firefighter diagnosed with specified disease before commencement\n\nSection 36D, as inserted by the amendment Act, does not apply to a person who was diagnosed by a doctor for the first time with a specified disease before the commencement.\ns 712 ins 2015 No. 13 s 20 (retro)","sortOrder":1147},{"sectionNumber":"sec.713","sectionType":"section","heading":"Particular WorkCover contracts covering volunteers","content":"### sec.713 Particular WorkCover contracts covering volunteers\n\nThis section applies to a contract of insurance entered into with WorkCover for chapter 1, part 4, division 3, subdivision 1 that—\nwas in force at any time during the transitional period; and\ncovered a volunteer firefighter.\nThe contract is taken to have covered the payment of damages to a specified volunteer firefighter who, during the transitional period, sustained an injury that was a specified disease.\nIn this section—\nintroduction day means the day the Bill for the amendment Act was introduced into the Legislative Assembly.\ntransitional period means the period starting on the introduction day and ending on the date of assent of the amendment Act.\ns 713 ins 2015 No. 13 s 20 (retro)\n(sec.713-ssec.1) This section applies to a contract of insurance entered into with WorkCover for chapter 1, part 4, division 3, subdivision 1 that— was in force at any time during the transitional period; and covered a volunteer firefighter.\n(sec.713-ssec.2) The contract is taken to have covered the payment of damages to a specified volunteer firefighter who, during the transitional period, sustained an injury that was a specified disease.\n(sec.713-ssec.3) In this section— introduction day means the day the Bill for the amendment Act was introduced into the Legislative Assembly. transitional period means the period starting on the introduction day and ending on the date of assent of the amendment Act.\n- (a) was in force at any time during the transitional period; and\n- (b) covered a volunteer firefighter.","sortOrder":1148},{"sectionNumber":"ch.32-pt.4","sectionType":"part","heading":"Amendments commencing on assent","content":"# Amendments commencing on assent","sortOrder":1149},{"sectionNumber":"sec.714","sectionType":"section","heading":"Review or appeal of existing decisions","content":"### sec.714 Review or appeal of existing decisions\n\nThis section applies if, during the relevant period—\na decision mentioned in former section 540(1) was made; or\na decision mentioned in former section 548 was made.\nSection 542, as amended by the amendment Act, applies to the decision mentioned in subsection (1)(a).\nSection 550, as amended by the amendment Act, applies to the decision mentioned in subsection (1)(b).\nIn this section—\nrelevant period means the period starting on 28 April 2015 and ending immediately before the commencement.\ns 714 ins 2015 No. 13 s 31\n(sec.714-ssec.1) This section applies if, during the relevant period— a decision mentioned in former section 540(1) was made; or a decision mentioned in former section 548 was made.\n(sec.714-ssec.2) Section 542, as amended by the amendment Act, applies to the decision mentioned in subsection (1)(a).\n(sec.714-ssec.3) Section 550, as amended by the amendment Act, applies to the decision mentioned in subsection (1)(b).\n(sec.714-ssec.4) In this section— relevant period means the period starting on 28 April 2015 and ending immediately before the commencement.\n- (a) a decision mentioned in former section 540(1) was made; or\n- (b) a decision mentioned in former section 548 was made.","sortOrder":1150},{"sectionNumber":"sec.715","sectionType":"section","heading":"Existing applications under former s 571D","content":"### sec.715 Existing applications under former s 571D\n\nThis section applies to an application for a copy of a prospective worker’s claims history summary that was made to the Regulator under former section 571D but not decided before the commencement.\nThe application may continue to be decided by the Regulator under former section 571D as if it had not been repealed.\nTo remove any doubt, it is declared that the Regulator may refuse the application under former section 571D.\ns 715 ins 2015 No. 13 s 31\n(sec.715-ssec.1) This section applies to an application for a copy of a prospective worker’s claims history summary that was made to the Regulator under former section 571D but not decided before the commencement.\n(sec.715-ssec.2) The application may continue to be decided by the Regulator under former section 571D as if it had not been repealed.\n(sec.715-ssec.3) To remove any doubt, it is declared that the Regulator may refuse the application under former section 571D.","sortOrder":1151},{"sectionNumber":"sec.716","sectionType":"section","heading":"Saving of former s 571D(3)","content":"### sec.716 Saving of former s 571D(3)\n\nThis section applies if the Regulator provides or has provided a copy of a worker’s claims history summary to a prospective employer under former section 571D, including that section as continued in effect under section 715.\nFormer section 571D(3) continues to apply, despite its repeal by the amendment Act, to the prospective employer.\ns 716 ins 2015 No. 13 s 31\n(sec.716-ssec.1) This section applies if the Regulator provides or has provided a copy of a worker’s claims history summary to a prospective employer under former section 571D, including that section as continued in effect under section 715.\n(sec.716-ssec.2) Former section 571D(3) continues to apply, despite its repeal by the amendment Act, to the prospective employer.","sortOrder":1152},{"sectionNumber":"ch.32-pt.5","sectionType":"part","heading":"Amendments commencing by proclamation","content":"# Amendments commencing by proclamation","sortOrder":1153},{"sectionNumber":"sec.717","sectionType":"section","heading":"Application of s 193A","content":"### sec.717 Application of s 193A\n\nDespite section 709, section 193A applies to an injury sustained by a worker on or after 15 October 2013 and before 31 January 2015.\ns 717 ins 2015 No. 13 s 35","sortOrder":1154},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Persons who are workers","content":"# Persons who are workers","sortOrder":1155},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Persons who are not workers","content":"# Persons who are not workers","sortOrder":1156}],"analysis":{"summary":{"name":"Workers' Compensation and Rehabilitation Act 2003","slug":"workers-compensation-and-rehabilitation-act-2003","title_id":"qld:act-2003-027","version_id":29865,"analysis_type":"summary","content_quality":"complete","complexity_score":5,"scope_assessment":{"changed":true,"description":"Recent amendments expand presumptive injury cover for first responders and specified diseases (sections 36B to 36ED), increase penalties for failure to insure (section 51) and refine return-to-work and pre-existing-injury disclosure rules in chapter 14."},"complexity_factors":["interaction between statutory compensation under chapters 3 and 4 and access to common-law damages under chapter 5 with strict election rules","multiple definitions of injury at section 32 with sub-categories for diseases, aggravations, journey injuries, latent onset and presumptive first responder injuries","twin administration through the Workers' Compensation Regulator and WorkCover Queensland, plus self-insurers (chapter 2 part 4)","section 32(5) psychiatric exclusion for reasonable management action heavily contested in practice","cross-border interaction with corresponding state laws via sections 113 to 118 (state of connection)"],"plain_english_summary":"## What this Act does\n\nThe Workers' Compensation and Rehabilitation Act 2003 (Qld) establishes Queensland's workers' compensation scheme. Section 5 records the scheme's purposes: providing benefits for injured workers and their dependants, regulating access to damages, requiring employers to be insured, managing compensation claims through insurers, and emphasising rehabilitation. Section 6 names the administrators: the Workers' Compensation Regulator and WorkCover Queensland. The Act binds all persons including the State (section 3).\n\n## Core concepts\n\nSection 32 defines injury: personal injury arising out of or in the course of employment if the employment is a significant contributing factor. Section 32(3) extends injury to diseases, aggravations, industrial deafness and death. Section 32(5) excludes psychiatric injury arising from reasonable management action taken in a reasonable way (transfer, demotion, discipline, redeployment, retrenchment, dismissal, or refusal of promotion or benefit) and from the worker's perception of such action. Section 35 covers journey injuries; section 36 excludes journeys involving contravention of section 79 of the Transport Operations (Road Use Management) Act 1995 or section 328A of the Criminal Code as the major significant factor, or substantial delay, interruption or deviation. Section 11 defines who is a worker.\n\n## Insurance, compensation and damages\n\nSection 48 obliges every employer to insure for compensation and damages liability through a WorkCover policy or self-insurer licence. Section 51 makes contravention an offence (500 penalty units) with a section 51(2) cross-border defence. Section 52 prohibits charging a worker for the employer's liability (300 penalty units). Sections 131, 132 and 134 govern the compensation application process. Chapter 5 governs damages: section 237 abolishes entitlement to damages outside listed categories; section 239 requires election where DPI is below 20 per cent; section 275 requires a notice of claim; sections 279 to 293 cover cooperation, compulsory conferences, final offers and settlement; section 301 excludes jury trial; section 302 alters the limitation period.\n\n## Who should read it\n\nQueensland employers, workers and their families, workplace lawyers, claims managers at WorkCover and self-insurers, occupational physicians, rehabilitation providers, and anyone advising on workplace injury, journey injury, psychiatric injury or asbestos-related claims with a Queensland connection."},"kimi_summary":{"_metrics":{"completionTokens":748},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2003 scope. Major additions include: Chapter 4A (2016) creating a lifetime care scheme for catastrophic injuries; extensive 2024 amendments adding obligations for labour hire hosts, new information requirements, and psychological injury prevention; 2021 provisions for first responders with PTSD presumptions; and 2017 pneumoconiosis provisions for coal workers. The scheme now covers not just traditional employees but gig economy workers, interns, and volunteers in emergency services."},"complexity_factors":["Extensive cross-referencing between chapters (e.g., Ch 3, 4, 4A, 5, 11, 13)","Multiple definitions of 'worker' with exceptions in Schedule 2","Conditional logic for compensation rates based on time periods (26 weeks, 2 years, 5 years)","Special provisions for specific occupations (firefighters, miners, seafarers, first responders)","Interaction with other Queensland and Commonwealth laws (Fair Work Act, NDIS, NIISQ)","Self-insurance regime with separate licensing and financial requirements","Multiple pathways for dispute resolution and appeals","Presumptions and reversals of burden of proof for certain diseases","Complex formulas involving QOTE (Queensland Ordinary Time Earnings) for calculations","Nested exceptions for psychiatric injuries and management action exclusions"],"plain_english_summary":"**What this law does:**\n\nThis is Queensland's main workers' compensation law — the **Workers' Compensation and Rehabilitation Act 2003**. It creates a comprehensive scheme that provides financial support and medical care to workers injured on the job, while also setting rules for employers and insurers.\n\n**Key things the law covers:**\n\n- **Who is covered:** Employees (called \"workers\"), plus some volunteers, students on work experience, councillors, and others in specific circumstances\n- **What injuries count:** Physical injuries, diseases, industrial deafness, and some psychiatric/psychological conditions — but not injuries from \"reasonable management action\" like disciplinary meetings\n- **What workers get:** Weekly payments while unable to work, lump sums for permanent impairment, medical treatment, rehabilitation services, and in some cases damages (court-ordered compensation)\n- **Employer obligations:** Must have insurance (through WorkCover or as a \"self-insurer\"), must help injured workers return to work, and cannot dismiss injured workers for 12 months\n- **How it's run:** WorkCover Queensland handles most claims, but large employers can become \"self-insurers\" and manage their own claims\n\n**Special features:**\n\n- **Rehabilitation focus:** Strong emphasis on getting workers back to work through \"suitable duties\" programs\n- **Firefighters and first responders:** Special rules making it easier to claim for certain diseases (like cancer) and PTSD\n- **Serious injuries:** A separate chapter (4A) provides lifetime treatment and care for catastrophic injuries\n- **No-fault system:** Workers don't need to prove employer negligence to get basic compensation\n\n**Who it affects:**\n- **Workers** — anyone injured at work or travelling for work\n- **Employers** — must insure, report injuries, and cooperate with rehabilitation\n- **Families** — dependants can claim if a worker dies from a work injury\n\n**Why it matters:** This is the safety net for Queensland's workforce. It ensures injured workers aren't left without income or medical care, while balancing costs so businesses can afford insurance."}},"importantCases":[],"_links":{"self":"/api/acts/workers-compensation-and-rehabilitation-act-2003","history":"/api/acts/workers-compensation-and-rehabilitation-act-2003/history","analysis":"/api/acts/workers-compensation-and-rehabilitation-act-2003/analysis","conflicts":"/api/acts/workers-compensation-and-rehabilitation-act-2003/conflicts","importantCases":"/api/acts/workers-compensation-and-rehabilitation-act-2003/important-cases","documents":"/api/acts/workers-compensation-and-rehabilitation-act-2003/documents"}}