Workers' Compensation and Rehabilitation Act 2003

Workers (broadly defined under section 11), employers across Queensland, dependants of deceased workers, the Workers' Compensation Regulator, WorkCover Queensland, self-insurers (chapter 2 part 4) including local government self-insurers (division 1A), insurers' delegates, medical assessment tribunals (chapter 11), prospective workers (whose pre-existing injury and medical condition information is regulated by chapter 14 part 1), and contributors to a worker's death claim under section 236B.

Every employer must, for each worker, insure and remain insured against legal liability for compensation and damages, either under a WorkCover policy or under a self-insurer licence (section 48). WorkCover may exempt an employer where similar insurance exists under another law (section 49). Section 50 sets out when contravention of section 48 occurs (failure to apply within 5 business days, failure to maintain returns or premiums). Section 51 makes contravention an offence with a 500 penalty unit maximum, with a defence under section 51(2) for employers who reasonably believed cover was not required because the worker's employment was connected with another State under section 113.

Section 52 prohibits any person from taking from a worker any amount for an employer's compensation or damages liability. The maximum penalty is 300 penalty units. Section 53 enables recovery of unlawful charges.

Workers must apply for compensation in time. Section 131 prescribes the time for applying. Section 132 sets out the application requirements, with section 132AA requiring the insurer to provide the worker and employer with an information statement. Section 132A allows assessment of degree of permanent impairment without a compensation application. Section 132B governs certificates of dependency for fatalities. Section 134 governs the insurer's decision on the application.

Insurers must implement injury management programs and rehabilitation under chapter 4 and chapter 4A. Self-insurers must comply with the conditions of their licence (chapter 2 part 4 division 4). Both insurers and self-insurers are subject to audit (chapter 14 part 2).

The Workers' Compensation Regulator's powers are set out in chapter 7 (office and appointment) and chapter 9 (the Minister and WorkCover). WorkCover's powers are set out in chapter 8. Authorised persons may enter premises under chapter 12 part 1 division 1, exercise specific search and inspection powers under division 2, require name, address and personal information under section 532A, require information or documents under section 532C, seize and return things under sections 530 to 532, and impose costs of investigation under section 532K. Compensation for damage caused by authorised persons is payable under section 532G.

The Authority's chapter 11 jurisdiction includes medical assessment tribunals deciding contested medical questions. Chapter 13 establishes internal review of proposed decisions and rights of appeal.

WorkCover sets premiums under chapter 2 part 3 division 1, may impose additional premiums under division 3, and may make assessments on contravention of the general obligation to insure under division 2. The Authority issues, renews and cancels self-insurer licences under chapter 2 part 4 divisions 2 and 5.

Section 51 imposes 500 penalty units for contravention of section 48 (employer's general obligation to insure). Section 52 imposes 300 penalty units for charging a worker for an employer's compensation or damages liability. Section 532B creates an offence for contravening a personal-details requirement. Section 532H creates an offence to hinder or obstruct an authorised person. Section 532I creates an offence to impersonate an authorised person. Section 532J creates an offence to give an authorised person false or misleading information.

Chapter 14 part 3 covers proceedings; chapter 14 part 5 covers other miscellaneous offence provisions. Chapter 15 part 9 carries transitional offences from the predecessor scheme.

Section 51 requires application to WorkCover within 5 business days of starting to employ a worker. Section 131 sets the time for applying for compensation. Section 132 sets the format. Section 134 governs the insurer's decision.

The damages process in chapter 5 is procedurally tight. Section 236 preserves the Limitation of Actions Act 1974 limitation period. Section 237 abolishes any entitlement to seek damages other than by a worker who has received a notice of assessment, has elected to seek damages, or has a terminal condition, or by a dependant of a deceased worker who has been paid death compensation under chapter 3 part 11 or has received a section 132B certificate. Section 239 requires election where the worker's degree of permanent impairment is less than 20 per cent. Section 275 sets out the notice of claim requirements. Section 276 deals with non-compliance and urgent proceedings. Section 279 imposes a duty on parties to cooperate. Section 292 requires the parties to make written final offers if the claim is not settled at the compulsory conference. Section 293 governs settlement. Section 301 excludes jury trial. Section 302 alters the limitation period. Section 303 allows the court to have regard to the claimant's section 275 non-compliance for costs and interest. Sections 316 to 318E govern costs principles. Section 320 limits liability for excess damages.

Sections 320A to 320D create an apology / expression of regret carve-out so that expressions of regret are inadmissible. Section 230 family of provisions deals with judicial review and appeals.

Chapter 13 internal review of proposed decisions sets short timeframes for review applications and decisions.

The Act interacts with: the Limitation of Actions Act 1974 (section 236 and section 302); the Transport Operations (Road Use Management) Act 1995 (section 36(2)(a)(i)); the Criminal Code (section 36(2)(a)(ii) reference to section 328A); the Workers' Compensation Regulation; the National Injury Insurance Scheme implementation under chapter 4A; the Public Service Act 1999; the Industrial Relations Act 2016 for entitlements under industrial instruments under chapter 3 part 1A; corresponding workers' compensation laws of other States via section 113 (state of connection), section 114 (recognition of state of connection determined elsewhere), section 116, section 117 and section 118; overseas arrangements under section 115; and the Statistics Act framework via section 10A's reference to the Australian Statistician's publication.

The section 32(5) carve-out for psychiatric injury arising from reasonable management action is the most litigated boundary in the Act. The carve-out covers transfer, demotion, discipline, redeployment, retrenchment, dismissal, refusal of promotion or benefit, and the worker's perception of such action.

The section 36 journey-injury exclusions are equally consequential: contravention of section 79 of the Transport Operations (Road Use Management) Act 1995 (drink driving and similar) or section 328A of the Criminal Code (dangerous operation of a vehicle), or substantial delay, interruption or deviation, will defeat journey-injury cover. Section 36(3) preserves cover where the delay or deviation arises from circumstances beyond the worker's control or is connected with employment.

Section 237 abolishes any entitlement to damages outside the listed categories. The 20 per cent degree of permanent impairment threshold is the key dividing line for section 239 election; once an election is made and notice given to the insurer (or a notice of claim is lodged after deemed election under section 189(7)), the election cannot be changed.

Chapter 14 part 1 division 1 limits the information about pre-existing injuries and medical conditions that an employer can require from a prospective worker, with consequences for engagement based on that information.

The Public Service Act 1999 and Industrial Relations Act 2016 do not displace the Act for state employees, but the State is treated as a single employer subject to a per-department policy under section 48(5).

A construction worker injured on a journey home from a site is presumptively covered under section 35(1)(a) but only where the journey does not involve a substantial deviation under section 36(2)(b)(ii) or a contravention of section 79 of the Transport Operations (Road Use Management) Act 1995 as the major significant factor (section 36(2)(a)(i)).

An office worker who develops a psychological condition after a performance management process needs to traverse section 32(5). If the management action was reasonable and taken in a reasonable way, the condition is excluded from the definition of injury. The worker's perception of management action is also excluded under section 32(5)(b).

An employer who has not taken out a WorkCover policy within 5 business days of starting to employ a worker has contravened section 48 by virtue of section 50 and faces an offence with a maximum penalty of 500 penalty units under section 51, unless the section 51(2) defence applies.

A worker with a degree of permanent impairment of 25 per cent under a notice of assessment may proceed directly under section 237(1)(a)(i) to seek damages. A worker with a degree of permanent impairment below 20 per cent must make an election under section 239, then comply with the section 275 notice of claim and the chapter 5 part 6 compulsory conference procedure before issuing proceedings.

A first responder diagnosed with a presumptive condition under sections 36EB to 36ED is treated as having sustained an injury without needing to prove the significant-contributing-factor test in section 32(1).

A self-insurer who fails to comply with licence conditions can be subject to cancellation under chapter 2 part 4 division 5 and to becoming a non-scheme employer under division 6.