sec.392Protection of persons who deal with WorkCover

### sec.392 Protection of persons who deal with WorkCover 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. 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. 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. 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. 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. 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. s 392 amd 2007 No. 20 s 120 ; 2010 No. 24 s 3 sch (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. (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. (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. (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. (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. (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. - (a) the person is entitled to make the assumptions mentioned in subsection (3) ; and - (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. - (a) the first person is entitled to make the assumptions mentioned in subsection (3) ; and - (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. - (a) that, at all relevant times, this Act has been complied with; and - (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 - (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 - (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 - (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 - (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 - (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 - (f) that the directors, chief executive officer, employees and agents of WorkCover have properly performed their duties to 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 - (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 - (a) the person has actual knowledge that the assumption would be incorrect; or - (b) because of the person’s connection or relationship with WorkCover, the person ought to know that the assumption would be incorrect. - (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 - (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. - (a) a WorkCover director; or - (b) a WorkCover employee; or - (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.