Queensland: Workers’ Compensation and Rehabilitation Act 2003 (Qld)

Workers' Compensation and Rehabilitation Act 2003 An Act to establish a workers' compensation scheme for Queensland, and for other purposes Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Workers' Compensation and Rehabilitation Act 2003. 2 Commencement (1) Sections 613 to 618 and 621 are taken to have commenced on 1 April 2003. (2) The remaining provisions of this Act, (other than sections 612, 619 and 620) commence on 1 July 2003. 3 Act binds all persons This Act binds all persons, including the State, and, so far as the legislative power of Parliament permits, the other States. 3A Notes in text A note in the text of this Act is part of the Act. Part 2 Objects 4 Objects of Act (1) This part states the main objects of this Act. (2) The objects are an aid to the interpretation of this Act. 5 Workers' compensation scheme (1) This Act establishes a workers' compensation scheme for Queensland— (a) providing benefits for workers who sustain injury in their employment, for dependants if a worker's injury results in the worker's death, for persons other than workers, and for other benefits; and (b) encouraging improved health and safety performance by employers. (2) The main provisions of the scheme provide the following for injuries sustained by workers in their employment— (a) compensation; (aa) implementation of the national injury insurance scheme for serious personal injuries resulting from workplace incidents connected with Queensland; (b) regulation of access to damages; (c) employers' liability for compensation; (d) employers' obligation to be covered against liability for compensation and damages either under a WorkCover insurance policy or under a licence as a self-insurer; (e) management of compensation claims by insurers; (f) injury management, emphasising rehabilitation of workers particularly for return to work; (g) procedures for assessment of injuries by appropriately qualified persons or by independent medical assessment tribunals; (h) rights of review of, and appeal against, decisions made under this Act. (3) There is some scope for the application of this Act to injuries sustained by persons other than workers, for example— (a) under arrangements for specified benefits for specified persons or treatment of specified persons in some respects as workers; and (b) under procedures for assessment of injuries under other Acts by medical assessment tribunals established under this Act. (4) It is intended that the scheme should— (a) maintain a balance between— (i) providing fair and appropriate benefits for injured workers or dependants and persons other than workers; and (ii) ensuring reasonable cost levels for employers; and (b) ensure that injured workers or dependants are treated fairly by insurers; and (c) provide for the protection of employers' interests in relation to claims for damages for workers' injuries; and (d) provide for employers and injured workers to participate in effective return to work programs; and (da) provide for workers or prospective workers not to be prejudiced in employment because they have sustained injury to which this Act or a former Act applies; and (e) provide for flexible insurance arrangements suited to the particular needs of industry. (5) 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. (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. 6 Administration This Act provides for the efficient administration of the scheme and of this Act through the establishment of the office of the Workers' Compensation Regulator and WorkCover. Part 3 Definitions 7 Definitions The dictionary in schedule 6 defines particular words used in this Act. Part 4 Basic concepts Division 1 Accident insurance, compensation and damages 8 Meaning of accident insurance Accident insurance is insurance by which an employer is indemnified against all amounts for which the employer may become legally liable, for injury sustained by a worker employed by the employer for— (a) compensation; and (b) damages. 9 Meaning of compensation Compensation is compensation under this Act, that is, amounts for a worker's injury payable under chapters 3, 4 and 4A by an insurer to a worker, a dependant of a deceased worker or anyone else, and includes compensation paid or payable under a former Act. 10 Meaning of damages (1) Damages is damages for injury sustained by a worker in circumstances creating, independently of this Act, a legal liability in the worker's employer to pay damages to— (a) the worker; or (b) if the injury results in the worker's death—a dependant of the deceased worker. (2) A reference in subsection (1) to the liability of an employer does not include a liability against which the employer is required to provide under— (a) another Act; or (b) a law of another State, the Commonwealth or of another country. (3) Also, a reference in subsection (1) to the liability of an employer does not include a liability to pay damages for loss of consortium resulting from injury sustained by a worker. 10A Meaning of QOTE (1) QOTE, for a financial year, is— (a) the amount of Queensland full-time adult persons ordinary time earnings declared by the Australian Statistician in the original series of the statistician's average weekly earnings publication most recently published before the start of the financial year; or (b) if the amount mentioned in paragraph (a) is less than QOTE for the previous financial year—the amount that is QOTE for the previous financial year. (2) The Regulator must, before the start of a financial year, notify— (a) QOTE for the financial year; and (b) the percentage difference in QOTE for the financial year compared to QOTE for the previous financial year. (3) The percentage difference under subsection (2)(b) may be rounded to the nearest second decimal place. (4) The Regulator's notice is subordinate legislation. Division 2 Workers 11 Who is a worker (1) A worker is— (a) a person who— (i) works under a contract; and (ii) in relation to the work, is an employee for the purpose of assessment of PAYG withholding under the Taxation Administration Act 1953 (Cwlth), schedule 1, chapter 2, part 2-5; or (b) a person who is a regulated worker under the Fair Work Act 2009 (Cwlth) if— (i) a minimum standards order, minimum standards guideline or collective agreement applies to, or covers, the person under chapter 3A of that Act; and (ii) the person is prescribed by regulation to be a worker. (2) Also, schedule 2, part 1 sets out who is a worker in particular circumstances. (3) However, schedule 2, part 2 sets out who is not a worker in particular circumstances. (4) Only an individual can be a worker for this Act. Division 3 Persons entitled to compensation other than workers Subdivision 1A Preliminary 11A Compensation to which this division does not apply In this division, a reference to an entitlement to compensation does not include an entitlement to compensation under chapter 4A. Subdivision 1 Volunteers etc. 12 Entitlements of persons mentioned in sdiv 1 (1) A person mentioned in this subdivision who is covered under a contract of insurance entered into with WorkCover for this subdivision has, subject to this subdivision— (aa) an entitlement to a basic weekly payment under chapter 3, part 9, division 2A; and (a) an entitlement to weekly payments of compensation under chapter 3, part 9, division 4, subdivision 3 and division 5, subdivision 1; and (b) for all other entitlements—the same entitlements to compensation as a worker. (2) The contract must not cover the payment of damages for injury sustained by the person. (2A) However, the contract must cover the payment of damages if the person is a specified volunteer firefighter who sustains an injury that is a specified disease. Note— See also section 236A about the application of chapter 5 to specified volunteer firefighters. (3) For the purpose of the contract, in the application of the definition injury to the person— (a) the activity covered by the contract is taken to be the person's employment; and (b) the party with whom WorkCover enters the contract is taken to be the person's employer. 13 Particular persons under Disaster Management Act 2003 (1) WorkCover may enter into a contract of insurance for this subdivision with the police commissioner. (2) The contract may cover— (a) a person required to give reasonable help under the Disaster Management Act 2003, section 77(1)(q) or 112(3)(g); or (b) another person performing a function or exercising a power under that Act. (3) A person covered by the contract is entitled to compensation for injury sustained only while engaged in disaster operations, or participating in an activity arising out of, or in the course of, disaster operations, including training. (4) In this section— disaster operations see the Disaster Management Act 2003, section 15. 13A Marine Rescue Queensland volunteer (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. (2) The contract may cover an MRQ volunteer under the Marine Rescue Queensland Act 2024. (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. (4) In this section— authorised function means an MRQ function under the Marine Rescue Queensland Act 2024. 13B State Emergency Service volunteer (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. (2) The contract may cover an SES volunteer under the State Emergency Service Act 2024. (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. (4) In this section— authorised function means an SES function under the State Emergency Service Act 2024. 14 Rural fire brigade member (1) WorkCover may enter into a contract of insurance for this subdivision with the authority responsible for management of a rural fire brigade under the Fire Services Act 1990. (2) The contract may cover a member of the rural fire brigade. (3) A person covered by the contract is entitled to compensation for injury sustained only while performing duties, including being trained, as a member of the rural fire brigade. (4) However, a person covered by the contract is also entitled to compensation if the person is a specified volunteer firefighter who sustains an injury that is a specified disease. (5) Subsections (3) and (4) do not limit section 12(2A). 15 Volunteer firefighter or volunteer fire warden (1) WorkCover may enter into a contract of insurance for this subdivision with the authority responsible for the management of the State's fire services. (2) The contract may cover a volunteer firefighter or a volunteer fire warden (volunteer). (3) A person covered by the contract is entitled to compensation for injury sustained only while attending at a fire, or practising, or performing any other duty, as a volunteer. (4) However, a person covered by the contract is also entitled to compensation if the person is a specified volunteer firefighter who sustains an injury that is a specified disease. (5) Subsections (3) and (4) do not limit section 12(2A). 16 Local government, statutory or industrial body member (1) WorkCover may enter into a contract of insurance for this subdivision with a local government, statutory body, industrial union of employees or employers or an association of employers or a similar body of a public nature (public body). (2) The contract may cover a councillor, member, delegate or similar person of the public body (member). (3) A person covered by the contract is entitled to compensation for injury sustained only while attending meetings of the public body or performing any other duty of office as a member. Note— A local government councillor can also be covered by a self-insurer's licence—see chapter 2 (Employer's obligations), part 4 (Employer's self-insurance), division 1A (Local government self-insurers). 17 Honorary ambulance officers (1) WorkCover may enter into a contract of insurance for this subdivision with the authority responsible for the State's ambulance transport. (2) The contract may cover an honorary ambulance officer (volunteer). (3) A person covered by the contract is entitled to compensation for injury sustained only while performing a duty required of the person as a volunteer. 18 Person in voluntary or honorary position with religious, charitable or benevolent organisation (1) WorkCover may enter into a contract of insurance for this subdivision with a church, non-profit charitable organisation or benevolent institution (institution). (2) The contract may cover a person in a voluntary or honorary position with the institution (volunteer). (3) A person covered by the contract is entitled to compensation for injury sustained only while engaged on a specific capital undertaking of the institution and performing a duty required by or for the institution for the undertaking, as a volunteer. 19 Person in voluntary or honorary position with non-profit organisation (1) WorkCover may enter into a contract of insurance for this subdivision with a non-profit organisation. (2) The contract may cover a person in a voluntary or honorary position with the organisation (volunteer). (3) A person covered by the contract is entitled to compensation for injury sustained only while attending meetings and performing any other duty the organisation requires, as a volunteer. Subdivision 2 Persons performing community service etc. 20 Entitlements of persons mentioned in sdiv 2 (1) A person mentioned in this subdivision who is covered under a contract of insurance entered into with WorkCover for this subdivision has, subject to this subdivision— (a) an entitlement to weekly payments of compensation under chapter 3, part 9, division 4, subdivision 3 and division 5, subdivision 1; and (b) for all other entitlements—the same entitlements to compensation as a worker. (2) The contract does not cover payment of damages for injury sustained by the person. (3) For the purpose of the contract, in the application of the definition injury to the person— (a) the activity covered by the contract is taken to be the person's employment; and (b) the party with whom WorkCover enters the contract is taken to be the person's employer. 21 Persons performing community service or unpaid duties (1) WorkCover may enter into a contract of insurance for this subdivision with the authority responsible for directing the performance of— (a) community service under a community service order or fine option order under the Penalties and Sentences Act 1992; or (b) community service under a community service order under any other Act; or (c) a work related activity or program as part of an order or program under the Youth Justice Act 1992, other than an activity or program performed while in the custody of the chief executive (corrective services). Note— For the definition chief executive (corrective services), see the Acts Interpretation Act 1954, schedule 1. (2) The contract may cover a person performing the community service or the work related activity or program. (3) A person covered by the contract is entitled to compensation for injury sustained only while performing the community service or the work related activity or program. Subdivision 3 Students 22 Students (1) WorkCover may enter into— (a) a contract of insurance for this subdivision with the authority through which is administered the Education (Work Experience) Act 1996 in relation to a State student; or (b) a contract of insurance for this subdivision with the person having control of a non-State school in relation to a student enrolled at the school who is 14 or over; or (c) a contract of insurance for this subdivision with a registered training organisation attended by a vocational placement student. (2) The contract may cover the student for injury arising out of, or in the course of, work experience or vocational placement as provided under a regulation but must not cover a student for damages. (3) The student has the entitlement to compensation for injury that is provided under a regulation. (4) In this section— non-State school means an accredited school under the Education (Accreditation of Non-State Schools) Act 2017. registered training organisation see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3. State student means a student defined in the Education (Work Experience) Act 1996, dictionary. Subdivision 4 Eligible persons 23 Meaning of eligible person An eligible person is an individual who, other than as a worker, receives remuneration or other benefit for performing work, or providing services as— (a) a contractor; or (b) a self-employed individual; or (c) a director of a corporation; or (d) a trustee; or (e) a member of a partnership. 24 Eligible person may apply to be insured WorkCover must enter into a contract of insurance for this subdivision with an eligible person who wishes to enter into a contract of insurance with WorkCover for this subdivision. 25 Entitlements of eligible persons (1) A person mentioned in this subdivision who is covered under a contract of insurance entered into with WorkCover for this subdivision has, subject to this subdivision— (a) an entitlement to weekly payments of compensation under chapter 3, part 9, division 4, subdivision 4 and division 5, subdivision 2; and (b) for all other entitlements—the same entitlements to compensation as a worker. (2) The contract does not cover payment of damages for injury sustained by the person. Subdivision 5 Other persons 26 Other persons (1) WorkCover may enter into a contract of insurance for this subdivision with a person (the insured person), whether or not an employer, for injury sustained by other persons. (2) The contract may cover a person who performs work or provides a service from which the insured person gains a benefit for the same entitlements provided to a worker under this Act. (3) Cover under the contract must not exceed the cover available under this Act for— (a) compensation; or (b) damages. Division 4 Spouses, members of the family and dependants 27 Meaning of dependant A dependant, of a deceased worker, is a member of the deceased worker's family who was completely or partly dependent on the worker's earnings at the time of the worker's death or, but for the worker's death, would have been so dependent. 28 Meaning of member of the family A person is a member of the family of a deceased worker, if the person is— (a) the worker's— (i) spouse; or (ii) parent, grandparent or step-parent; or (iii) child, grandchild or stepchild; or (iv) brother, sister, half-brother or half-sister; or (b) if the worker stands in the place of a parent to another person—the other person; or (c) if another person stands in the place of a parent to the deceased worker—the other person. 29 Who is the spouse of a deceased worker (1) The spouse, of a deceased worker, includes the worker's de facto partner only if the worker and the de facto partner lived together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954, section 32DA— (a) generally— (i) for a continuous period of at least 2 years ending on the worker's death; or (ii) for a shorter period ending on the deceased's death, if the circumstances of the de facto relationship of the deceased and the de facto partner evidenced a clear intention that the relationship be a long-term, committed relationship; or (b) if the deceased left a dependant who is a child of the relationship—immediately before the worker's death. (2) In this section— child of the relationship means a child of the worker and the de facto partner, and includes a child born after the worker's death. dependant includes a child born after the worker's death who would have been completely or partly dependent on the worker's earnings after the child's birth if the worker had not died. Division 5 Employers 30 Who is an employer (1) An employer is a person who engages a worker to perform work. (2) Also, schedule 3 sets out who is an employer in particular circumstances. (3) To remove doubt, a reference to an employer of a worker who sustains an injury is a reference to the employer out of whose employment, or in the course of whose employment, the injury arose. (4) In this section and schedule 3— contract includes agreement and arrangement. person includes— (a) a government entity; and (b) the legal personal representative of a deceased individual. 30A Liability to pay compensation does not make WorkCover an employer WorkCover is not taken to be an employer of a worker because WorkCover has paid, is paying, or is liable to pay compensation to, or on account of, the worker. Division 6 Injuries, impairment and terminal condition Subdivision 1 Event resulting in injury 31 Meaning of event (1) An event is anything that results in injury, including a latent onset injury, to a worker. (2) An event includes continuous or repeated exposure to substantially the same conditions that results in an injury to a worker. (3) A worker may sustain 1 or multiple injuries as a result of an event whether the injury happens or injuries happen immediately or over a period. (4) If multiple injuries result from an event, they are taken to have happened in 1 event. Subdivision 2 Injury 32 Meaning of injury (1) An injury is personal injury arising out of, or in the course of, employment if the employment is a significant contributing factor to the injury. (2) However, employment need not be a contributing factor to the injury if section 34(2) or 35(2) applies. (3) Injury includes the following— (a) a disease contracted in the course of employment, whether at or away from the place of employment, if the employment is a significant contributing factor to the disease; (b) an aggravation of the following, if the aggravation arises out of, or in the course of, employment and the employment is a significant contributing factor to the aggravation— (i) a personal injury; (ii) a disease; (iii) a medical condition, if the condition becomes a personal injury or disease because of the aggravation; (c) loss of hearing resulting in industrial deafness if the employment is a significant contributing factor to causing the loss of hearing; (d) death from injury arising out of, or in the course of, employment if the employment is a significant contributing factor to causing the injury; (e) death from a disease mentioned in paragraph (a), if the employment is a significant contributing factor to the disease; (f) death from an aggravation mentioned in paragraph (b), if the employment is a significant contributing factor to the aggravation. (4) For subsection (3)(b), to remove any doubt, it is declared that an aggravation mentioned in the provision is an injury only to the extent of the effects of the aggravation. (5) Despite subsections (1) and (3), injury does not include a psychiatric or psychological disorder arising out of, or in the course of, any of the following circumstances— (a) reasonable management action taken in a reasonable way by the employer in connection with the worker's employment; (b) the worker's expectation or perception of reasonable management action being taken against the worker; (c) action by the Regulator or an insurer in connection with the worker's application for compensation. Examples of actions that may be reasonable management actions taken in a reasonable way— • action taken to transfer, demote, discipline, redeploy, retrench or dismiss the worker • a decision not to award or provide promotion, reclassification or transfer of, or leave of absence or benefit in connection with, the worker's employment Subdivision 3 When injury arises out of, or in the course of, employment 33 Application of sdiv 3 This subdivision does not limit the circumstances in which an injury to a worker arises out of, or in the course of, the worker's employment. 34 Injury while at or after worker attends place of employment (1) An injury to a worker is taken to arise out of, or in the course of, the worker's employment if the event happens on a day on which the worker has attended at the place of employment as required under the terms of the worker's employment— (a) while the worker is at the place of employment and is engaged in an activity for, or in connection with, the employer's trade or business; or (b) while the worker is away from the place of employment in the course of the worker's employment; or (c) while the worker is temporarily absent from the place of employment during an ordinary recess if the event is not due to the worker voluntarily subjecting themself to an abnormal risk of injury during the recess. (2) For subsection (1)(c), employment need not be a contributing factor to the injury. 35 Other circumstances (1) An injury to a worker is also taken to arise out of, or in the course of, the worker's employment if the event happens while the worker— (a) is on a journey between the worker's home and place of employment; or (b) is on a journey between the worker's home or place of employment and a trade, technical or other training school— (i) that the worker is required under the terms of the worker's employment to attend; or (ii) that the employer expects the worker to attend; or (c) for an existing injury for which compensation is payable to the worker—is on a journey between the worker's home or place of employment and a place— (i) to obtain medical or hospital advice, attention or treatment; or (ii) to undertake rehabilitation; or (iii) to submit to examination by a registered person under a provision of this Act or to a requirement under this Act; or (iv) to receive payment of compensation; or (d) is on a journey between the worker's place of employment with 1 employer and the worker's place of employment with another employer; or (e) is attending a school mentioned in paragraph (b) or a place mentioned in paragraph (c). (2) For subsection (1), employment need not be a contributing factor to the injury. (3) For subsection (1), a journey from or to a worker's home starts or ends at the boundary of the land on which the home is situated. (4) In this section— home, of a worker, means the worker's usual place of residence, and includes a place where the worker— (a) temporarily resided before starting a journey mentioned in this section; or (b) intended to temporarily reside after ending a journey mentioned in this section. 36 Injury that happens during particular journeys (1) This section applies if a worker sustains an injury in an event that happens during a journey mentioned in section 35. (2) The injury to the worker is not taken to arise out of, or in the course of, the worker's employment if the event happens— (a) while the worker is in control of a vehicle and contravenes— (i) the Transport Operations (Road Use Management) Act 1995, section 79, or a corresponding law, if the contravention is the major significant factor causing the event; or (ii) the Criminal Code, section 328A or a corresponding law, if the contravention is the major significant factor causing the event; or (b) during or after— (i) a substantial delay before the worker starts the journey; or (ii) a substantial interruption of, or deviation from, the journey. (3) However, subsection (2)(b) does not apply if— (a) the reason for the delay, interruption or deviation is connected with the workers' employment; or (b) the delay, interruption or deviation arises because of circumstances beyond the worker's control. (4) For subsection (2)(b)(i), in deciding whether there has been a substantial delay before the worker starts the journey, regard must be had to the following matters— (a) the reason for the delay; (b) the actual or estimated period of time for the journey in relation to the actual or estimated period of time for the delay. (5) For subsection (2)(b)(ii), in deciding whether there has been a substantial interruption of, or deviation from the journey, regard must be had to the following matters— (a) the reason for the interruption or deviation; (b) the actual or estimated period of time for the journey in relation to the actual or estimated period of time for the interruption or deviation; (c) for a deviation—the distance travelled for the journey in relation to the distance travelled for the deviation. (6) In subsection (2)(a)(i) and (ii)— corresponding law means a law of another State that is substantially equivalent— (a) for subsection (2)(a)(i)—to the law mentioned in that provision; or (b) for subsection (2)(a)(ii)—to the law mentioned in that provision. Subdivision 3A When latent onset injuries arise 36A Date of injury (1) This section applies if a person— (a) is diagnosed by a doctor after the commencement of this section as having a latent onset injury; and (b) applies for compensation for the latent onset injury. (2) The following questions are to be decided under the relevant compensation Act as in force when the injury was sustained— (a) whether the person was a worker under the Act when the injury was sustained; (b) whether the injury was an injury under the Act when it was sustained. (2A) However, subsection (2)(b) does not apply if the latent onset injury is a specified disease and section 36D applies to the person. (3) Section 131 applies to the application for compensation as if the entitlement to compensation arose on the day of the doctor's diagnosis. (4) Subject to subsections (2) and (3), this Act applies in relation to the person's claim as if the date on which the injury was sustained is the date of the doctor's diagnosis. (5) To remove any doubt, it is declared that nothing in subsection (4) limits section 236. (6) Subsections (2) to (4) have effect despite section 603. (7) In this section— relevant compensation Act means this Act or a former Act. Subdivision 3B Injuries sustained by firefighters 36B Definitions for sdiv 3B In this subdivision— employ includes engage. firefighter means— (a) a fire officer under the Fire Services Act 1990; or (b) a member of a rural fire brigade registered under the Fire Services Act 1990, section 135; or (c) a volunteer firefighter or volunteer fire warden engaged by the authority responsible for the management of the State's fire services; or (d) a person appointed or employed under the repealed Fire Brigades Act 1964, section 24; or (e) a person appointed or employed under the repealed Rural Fires Act 1946, section 9. specified disease means a disease mentioned in schedule 4A, column 1. 36D Presumption of injury (1) This section applies to a person who— (a) is diagnosed by a doctor for the first time as having a specified disease; and (b) at any time before the diagnosis, was employed as a firefighter for at least the number of years mentioned in schedule 4A, column 2 opposite the specified disease. (2) For the purposes of an entitlement to compensation, the specified disease is taken to be an injury. (3) However, this section does not apply if it is proved that— (a) the specified disease did not arise out of, or in the course of, the person's employment as a firefighter; or (b) the person's employment as a firefighter is not a significant contributing factor to the specified disease. 36E Deciding number of years (1) This section applies for deciding the number of years of the person's employment as a firefighter for section 36D(1)(b). (2) A period of 12 months may be included only if, throughout the period, the person— (a) was employed for the purpose of performing duties that included relevant duties; and (b) performed relevant duties to the extent reasonably necessary to fulfil the purpose of the person's employment. (3) However, the number of years may be made up by taking into account— (a) more than 1 period of employment; or (b) periods of employment as more than 1 type of firefighter. Example— A person was employed for firefighting and attended fires for 10 years before working in administrative and management roles for another 20 years. For section 36D(1)(b), the person was employed as a firefighter for 10 years. (4) In this section— relevant duties means duties that involve— (a) extinguishing, controlling or preventing the spread of fires; or (b) exposure to substances used in, or other hazards arising from, extinguishing, controlling or preventing the spread of fires. Subdivision 3BA PTSD sustained by first responders and other particular persons 36EA Definitions for subdivision In this subdivision— eligible employee see section 36EC. first responder see section 36EB. relevant 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. 36EB Meaning of first responder A person is employed as a first responder if— (a) the person is a worker, or a relevant volunteer, employed in an occupation or profession prescribed by regulation; and (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. 36EC Meaning of eligible employee (1) A person is employed as an eligible employee if— (a) the person is a worker, or a relevant volunteer, employed by or in an entity prescribed by regulation; and (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 (2) In this section— traumatic incident includes an incident that exposes a person to, or to the threat of, any of the following— (a) death; (b) serious injury; (c) sexual violence. 36ED Presumption of injury (1) This section applies in relation to a person who— (a) is diagnosed by a psychiatrist, in the way prescribed by regulation, as having post-traumatic stress disorder; and (b) at any time before the diagnosis, was employed as a first responder or an eligible employee. (2) For the purposes of an entitlement to compensation, the post-traumatic stress disorder is taken to be an injury. (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). (4) However, subsection (2) does not apply if it is proved that— (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 (b) the person's employment as a first responder or an eligible employee was not a significant contributing factor to the disorder. Subdivision 3C Pneumoconiosis 36F Meaning of pneumoconiosis score A pneumoconiosis score is a score that— (a) grades an injury that is pneumoconiosis; and (b) is worked out using a chest image in the way prescribed by regulation. Subdivision 4 Impairment from injury 37 Meaning of impairment An impairment, from injury, is a loss of, or loss of efficient use of, any part of a worker's body. 38 Meaning of permanent impairment A permanent impairment, from injury, is an impairment that is stable and stationary and not likely to improve with further medical or surgical treatment. 39 [Repealed] Subdivision 5 Terminal condition 39A Meaning of terminal condition (1) A terminal condition, of a worker, is a condition certified by a doctor as being a condition that is expected to terminate the worker's life within 5 years after the terminal nature of the condition is diagnosed. (2) A condition is a terminal condition only if the insurer accepts the doctor's diagnosis of the terminal nature of the condition. Division 7 Rehabilitation 40 Meaning of rehabilitation (1) Rehabilitation, of a worker, is a process designed to— (a) ensure the worker's earliest possible return to work; or (b) maximise the worker's independent functioning. (2) Rehabilitation includes— (a) necessary and reasonable— (i) suitable duties programs; or (ii) services provided by a registered person; or (iii) services approved by an insurer; or (b) the provision of necessary and reasonable aids or equipment to the worker. (3) The purpose of rehabilitation is— (a) to return the worker to the worker's pre-injury duties; or (b) if it is not feasible to return the worker to the worker's pre-injury duties—to return the worker, either temporarily or permanently, to other suitable duties with the worker's pre-injury employer; or (c) if paragraph (b) is not feasible—to return the worker, either temporarily or permanently, to other suitable duties with another employer; or (d) if paragraphs (a), (b) and (c) are not feasible—to maximise the worker's independent functioning. 41 Meaning of rehabilitation and return to work coordinator (1) A rehabilitation and return to work coordinator is a person who— (a) is appropriately qualified to perform the functions of a rehabilitation and return to work coordinator under this Act; and (b) has the functions prescribed under a regulation. (2) A person is taken to be appropriately qualified to perform the functions of a rehabilitation and return to work coordinator under this Act if the person has completed a training course approved by the Regulator. 42 Meaning of suitable duties Suitable duties, in relation to a worker, are work duties for which the worker is suited having regard to the following matters— (a) the nature of the worker's incapacity and pre-injury employment; (b) relevant medical information; (c) the rehabilitation and return to work plan for the worker as developed under section 221; (d) the provisions of the employer's workplace rehabilitation policy and procedures; (e) the worker's age, education, skills and work experience; (f) if duties are available at a location (the other location) other than the location in which the worker was injured—whether it is reasonable to expect the worker to attend the other location; (g) any other relevant matters. 43 Meaning of workplace rehabilitation Workplace rehabilitation is a system of rehabilitation that is initiated or managed by an employer. 44 Meaning of workplace rehabilitation policy and procedures Workplace rehabilitation policy and procedures are written policy and procedures for workplace rehabilitation. 45 Meaning of accredited workplace An accredited workplace is a workplace that has workplace rehabilitation policy and procedures. Chapter 2 Employer's obligations Part 1 Employer's legal liability and preliminary obligations 46 Employer's legal liability (1) An employer is legally liable for compensation for injury sustained by a worker employed by the employer. (2) This Act does not impose any legal liability on an employer for damages for injuries sustained by a worker employed by the employer, though chapter 5 regulates access to damages. 46A Employer must not take action to avoid compensation process (1) An employer must not give a benefit or cause detriment to a person if the reason is to influence a worker who has sustained an injury to refrain from— (a) making an application for compensation for the injury; or (b) otherwise pursuing an entitlement to compensation for the injury. Maximum penalty—500 penalty units. (2) It does not matter if the reason is the only or main reason, as long as it is a substantial reason. (3) An employer gives a benefit to a person if the employer— (a) gives or offers to give the worker or another person a financial or other benefit; or (b) causes or permits someone else to give or offer to give the worker or another person a financial or other benefit. (4) An employer causes detriment to a person if the employer causes detriment to the worker or another person. 46B Employer must give worker information statement (1) An employer must, before or as soon as practicable after a worker starts employment, give the worker a statement providing information about the workers' compensation scheme. Maximum penalty—50 penalty units. (2) However, an employer need not give the statement to a worker if the statement has been given to the worker by the employer within the previous 12 months. (3) The statement, and the way in which it is given, must comply with any requirements prescribed by regulation. Part 2 Employer's insurance requirements Division 1 General obligations 48 Employer's obligation to insure (1) Every employer must, for each worker employed by the employer, insure and remain insured, that is, be covered to the extent of accident insurance, against injury sustained by the worker for— (a) the employer's legal liability for compensation; and (b) the employer's legal liability for damages. (2) The obligation to insure under subsection (1)(b) does not include an obligation to insure for an employer's legal liability for damages for which WorkCover is not authorised to indemnify the employer. (3) The employer's liability must be provided for— (a) under a licence as a self-insurer under part 4; or (b) under a WorkCover policy. (4) WorkCover must not issue more than 1 policy for each employer. (5) However, if the employer is the State, WorkCover may issue 1 policy for each department of government. 49 Exemption if employer has other insurance (1) WorkCover may exempt an employer from insuring under this Act if WorkCover is satisfied that the employer has similar insurance for the employer's workers under another law. (2) To exempt an employer, WorkCover must— (a) be satisfied that the employer's workers will not be disadvantaged; and (b) obtain advice from the Regulator that the exemption will not adversely affect the workers' compensation scheme. (3) If an employer is aggrieved by WorkCover's decision, the employer may have the decision reviewed under chapter 13. Division 2 Contravention of employer's general obligation and associated provisions 50 When an employer contravenes the general obligation to insure An employer who is not a self-insurer contravenes section 48 if— (a) within 5 business days after the employer starts to employ any worker or workers, the employer does not apply in the approved form to WorkCover for the policy required under section 48; or (b) having taken out a policy required under section 48, the employer does not maintain it in force at all times while being an employer by doing both of the following— (i) making at the time and in the way required every annual or other periodic return required for all workers employed by the employer; (ii) paying at the time and in the way required every premium payable for the policy or for its renewal for any year. 51 Offence of contravening general obligation to insure (1) An employer must not contravene section 48. Maximum penalty—500 penalty units. (2) It is a defence to prove that at the time of the alleged contravention— (a) the employer believed on reasonable grounds that the employer could not be liable under this Act in relation to the worker because under section 113 the worker's employment was not connected with this State; and (b) the employer had workers' compensation cover in relation to the worker's employment under the law of the State with which the employer believed on reasonable grounds the worker's employment was connected under section 113. (3) In subsection (2)— workers' compensation cover means insurance or registration required under the law of a State in relation to liability for statutory workers' compensation under that law. 52 Offence to charge worker for compensation or damages for injury A person must not, directly or indirectly, take or receive from a worker, whether by way of deduction from wages or otherwise, an amount for anyone's legal liability as an employer for— (a) compensation for injury that is, or may be, sustained by the worker; or (b) damages for injury that is, or may be, sustained by the worker. Maximum penalty—300 penalty units. 53 Recovery of unlawful charge for compensation or damages for injury (1) An amount taken or received from a worker in contravention of section 52 with or without the worker's consent, may be recovered by the worker as a debt from— (a) the person who took or received the amount; and (b) if that person was acting for the worker's employer in taking or receiving the money—the worker's employer. (2) A worker is not entitled to recover the amount more than once. Part 3 Insurance under WorkCover policies generally Division 1 Premium setting generally 54 Setting of premium (1) WorkCover must set the premium payable under a policy. (2) The premium payable for the policy for a period of insurance must be assessed according to the method (the method) and at the rate (the rate) specified by WorkCover by gazette notice. (3) If no rate is specified in the notice for an employer's industry or business, WorkCover must decide the rate to be the rate applying to the industry or business classification specified in the notice that most closely describes the employer's industry or business. (3A) Without limiting subsection (2), the gazette notice may state a method or rate that provides for a premium payable by an employer in the event that the employer's premium rate repeatedly exceeds the relevant industry rate. (4) Before WorkCover publishes the gazette notice, it must notify the Minister of the proposed specification of method or rate. (5) The specification is subject to any direction the Minister may make under section 481. (6) An assessment of premium must be made on the following basis— (a) wages paid or estimated to be paid during the period of insurance— (i) are taken to have been paid in equal weekly instalments during the period; or (ii) if the employer establishes to WorkCover's satisfaction the wages were paid by the employer in another way, are paid in the other way during the period; (b) the premium payable for the period of insurance is according to the method and at the rate in force from time to time during the period. (7) An employer to whom a premium notice is given must pay the premium as assessed by the due date. (8) If the employer is a corporation and an administrator is appointed under the Corporations Act to administer the corporation, the administrator must pay the premium for the period during which the corporation is under administration. (9) If an employer is aggrieved by WorkCover's decision, the employer may have the decision reviewed under chapter 13. (10) In this section— employer's premium rate means the premium rate calculated for the employer by using a formula that takes into account the number and cost of claims made against the employer's policy during previous financial years. relevant industry rate, in relation to an employer, means the industry or business classification rate applying to the industry or business classification— (a) stated in the gazette notice under subsection (2) for the employer's industry or business; or (b) as decided by WorkCover under subsection (3)—for the industry or business that most closely describes the employer's industry or business. 55 Setting premium on change of ownership of business (1) This section applies if a person (a new employer) acquires the whole or a part of a business from an employer (a former employer) who is currently insured under a policy with WorkCover. (2) In calculating the premium payable by the new employer, WorkCover may have regard to the claims experience of the business under the former employer. (3) In deciding whether to have regard to the claims experience of the business under a former employer, WorkCover may consider any relevant matter, including the following— (a) if the new employer is an individual, whether the new employer is or was— (i) a partner of the former employer; or (ii) an officer or shareholder of the former employer; or (iii) an officer or shareholder of a related body corporate of the former employer; (b) if the new employer is a partnership, whether any of the partners of the new employer is or was— (i) an individual who was the former employer; or (ii) a partner of the former employer; or (iii) an officer or shareholder of the former employer; or (iv) an officer or shareholder of a related body corporate of the former employer; (c) if the new employer is a body corporate, whether the new employer is or was a related body corporate of the former employer; (d) if the new employer is a body corporate, whether any of the officers or shareholders of the new employer is or was— (i) an individual who was the former employer; or (ii) a partner of the former employer; or (iii) an officer or shareholder of the former employer; or (iv) an officer or shareholder of a related body corporate of the former employer. (4) However, subsection (2) applies only if the predominant industry activity of the business remains the same as under the former employer. (5) In this section— officer has the meaning given by the Corporations Act. 56 Reassessment of premium for policy (1) This section applies if in either the latest period of insurance for an employer's policy or any of the 3 preceding periods of insurance— (a) WorkCover has made an assessment for an employer's policy for the period of insurance; and (b) WorkCover considers that the assessment does not accurately reflect the employer's liability under the Act for the period. (2) WorkCover may reassess the premium for the period and issue a reassessment premium notice for the period. (3) WorkCover must reassess the premium— (a) for any period starting on or after 1 July 2003—under this division; or (b) for any period between 1 July 1997 and 30 June 2003—under the repealed WorkCover Queensland Act 1996; or (c) for a period before 1 July 1997—under the repealed Workers' Compensation Act 1990. (4) If, after the premium is reassessed, WorkCover is satisfied that premium for the period has been overpaid, WorkCover must refund or credit the amount of overpayment to the employer to whom the reassessment premium notice is given. (5) If, after the premium is reassessed, WorkCover is satisfied that premium for the period has been underpaid, the employer to whom the reassessment premium notice is given must pay the premium as reassessed. (6) If an employer is aggrieved by WorkCover's decision, the employer may have the decision reviewed under chapter 13. (7) This section does not limit another provision of this Act that— (a) allows WorkCover to recover an amount, whether by way of penalty or otherwise; or (b) creates an offence for a contravention of this Act. Division 2 Assessments on contravention of general obligation to insure 57 Recovery of compensation and unpaid premium (1) This section applies if an employer contravenes section 48. (2) WorkCover may recover from the employer— (a) the amount of unpaid premium together with a penalty equal to 100% of the unpaid premium; and (b) if WorkCover has paid compensation or damages for an injury sustained by a worker when the employer was in contravention of section 48 in relation to the worker—the amount of the payment made together with a penalty equal to 50% of the payment. (3) The employer may apply in writing to WorkCover to waive or reduce the penalty because of extenuating circumstances. (4) The application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case. (5) WorkCover must consider the application and may— (a) waive or reduce the penalty; or (b) refuse to waive or reduce the penalty. (6) If the employer is aggrieved by WorkCover's decision, the employer may have the decision reviewed under chapter 13. (7) In this section— worker means a worker employed by the employer. 58 Default assessment on reasonable suspicion (1) This section applies if WorkCover suspects on reasonable grounds that an employer has contravened section 48. (2) WorkCover may make a default assessment of premium based on the amounts WorkCover considers to be adequate cover. (3) For subsection (2), WorkCover may have regard to— (a) the probable wages paid or to be paid by the employer during the period of insurance for which the default assessment is made; and (b) the nature of the employer's industry or business. (4) The amount of premium to be paid by the employer under the default assessment must be calculated according to the method and at the rate mentioned in section 54. (5) As soon as practicable after a default assessment is made, WorkCover must give the employer written notice of the assessment and of the amount of premium. (6) The employer may, by written notice given to WorkCover, object to the default assessment within 15 business days of receiving the premium notice. (7) The objection must specify the reasons that the employer considers the assessment is excessive. (8) WorkCover must consider the objection and may— (a) reassess the default assessment; or (b) refuse to reassess the default assessment. (9) If the employer is aggrieved by WorkCover's decision under subsection (8), the employer may have the decision reviewed under chapter 13. (10) If the employer does not object to the default assessment within 15 business days of receiving the premium notice, the amount of premium assessed and notified to the employer becomes payable immediately at the end of the 15 business days. (11) WorkCover may act under this section even if WorkCover knows the employer has contravened section 48. 59 Further assessment and recovery after payment of default assessment Payment by an employer of the amount of a default assessment, or the amount as varied on objection, review or appeal by the employer, does not stop WorkCover— (a) if WorkCover considers that the assessment does not accurately reflect the employer's liability under the Act for the period—reassessing the default assessment; and (b) if compensation has or damages have been paid for an injury sustained by a worker employed by the employer, recovering the amount paid together with a penalty equal to 50% of the payment mentioned in section 57. 60 Employer's separate liabilities for 1 period of default For any period an employer contravenes section 48, the employer is liable— (a) to a proceeding for an offence under section 51; and (b) to a proceeding to recover an amount of premium or another amount under section 57 or 58 with or without a charge imposed by WorkCover, whether or not a proceeding is taken for an offence under section 51. Division 3 Additional premiums 61 Additional premium payable if premium not paid (1) An employer must pay WorkCover an additional premium calculated as prescribed under a regulation if— (a) the employer is given a premium notice; and (b) the employer does not pay WorkCover the amount specified in the notice on or before the due date. (2) WorkCover may recover the amount of premium and additional premium payable to it by the employer. (3) Until the employer has paid WorkCover the full amount specified in the notice and any additional premium payable, the employer is not covered by a policy. 62 Further additional premium payable after appeal to industrial magistrate (1) An employer must pay WorkCover an additional premium calculated as prescribed under a regulation if— (a) the employer's liability in relation to an assessment has been decided by an industrial magistrate or the industrial court; and (b) the employer fails to pay WorkCover the amount by which the assessment is more than the amount of premium paid under section 551(4) as a condition of the appeal to an industrial magistrate within 15 business days after the day the decision is made. (2) WorkCover may recover the amount of the increase in assessment and additional premium payable to it by the employer. (3) Until the employer has paid WorkCover the full amount of the increase in assessment and any additional premium payable, the employer is not covered by a policy. 63 Additional premium for out-of-State workers (1) This section applies if a worker's employment is not completely performed in the State. (2) WorkCover may, from time to time, charge an additional premium on a policy issued to the worker's employer in an amount that WorkCover considers necessary towards— (a) providing for compensation or damages payable for injury to the worker; and (b) covering the cost of administration of this Act in relation to the worker. 63A Additional premium for ch 6A (1) This section applies in relation to an employer who, before 1 January 2017, engaged a former coal worker to work in an industry that involved mining, loading, transporting or otherwise dealing with coal. (2) WorkCover may charge an additional premium on a policy issued to the employer in an amount WorkCover considers necessary towards covering the cost of administering chapter 6A in relation to the former coal worker. 63B Additional premium for interns (1) This section applies if an employer has an intern. (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— (a) providing for compensation or damages payable for injury to the intern; and (b) covering the cost of administration of this Act in relation to the intern. 64 WorkCover may waive or reduce additional premium (1) This section applies if an employer is liable to pay WorkCover an additional premium. (2) The employer may apply in writing to WorkCover to waive or reduce the additional premium because of extenuating circumstances. (3) The application must specify the extenuating circumstances and the reasons the additional premium should be waived or reduced in the particular case. (4) WorkCover must consider the application and may— (a) waive or reduce the additional premium; or (b) refuse to waive or reduce the additional premium. (5) If the employer is aggrieved by WorkCover's decision, the employer