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This is a Bill, not an Act. For current law, see the Acts databases.
An Act to amend the Workers’ Compensation and Rehabilitation Act 2003 and the Workers’ Compensation and Rehabilitation Regulation 2014 for particular purposes
The Parliament of Queensland enacts—
This Act may be cited as the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2020.
This part amends the Workers’ Compensation and Rehabilitation Act 2003.
Chapter 1, part 4, division 6 —
insert—
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
[Note: a person whose employment requires the person to recover human remains](ii) experiencing traumatic incidents as they happen to other persons; or
[Note: 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.
[Note: 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.
After section 135 —
insert—
135A Examination of particular claimants by psychiatrist(1) This section applies if—(a) a person makes an application for compensation for an injury that is post-traumatic stress disorder; and(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(c) there is no evidence that the claimant has been diagnosed by a psychiatrist as having the disorder.(2) The insurer must—(a) arrange for the claimant to be examined by a psychiatrist to obtain a diagnosis; and(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.(3) However, subsection (2) does not apply if the insurer decides under section 134 to allow the application.(4) This section does not limit section 135.
After chapter 35 —
insert—
742 Application of ch 1, pt 4, div 6, sdiv 3BA and s 135A The following provisions apply only in relation to an application for compensation lodged on or after the commencement—(a) chapter 1, part 4, division 6, subdivision 3BA;(b) section 135A.
Schedule 6 —
insert—
"eligible employee" see section 36EC.
"first responder" see section 36EB.
"psychiatrist" means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in the specialty of psychiatry, other than as a student.
"relevant volunteer", for chapter 1, part 4, division 6, subdivision 3BA, see section 36EA.
This part amends the Workers’ Compensation and Rehabilitation Regulation 2014.
Before section 145 —
insert—
144A First responders—Act, s 36EB For section 36EB(a) of the Act, each of the occupations or professions mentioned in schedule 6A is prescribed.
144B Eligible employees—Act, s 36EC For section 36EC(1)(a) of the Act, each of the entities mentioned in schedule 6B is prescribed.
144C Presumption of injury—Act, s 36ED(1) For section 36ED(1)(a) of the Act, the way prescribed is using the diagnostic criteria provided under DSM 5 for post-traumatic stress disorder.(2) In this section—
"DSM 5" means the ‘Diagnostic and Statistical Manual of Mental Disorders’, 5th edition, published by the American Psychiatric Association in 2013.
After schedule 6 —
insert—
1 an ambulance officer under the Ambulance Service Act 1991 who is classified by the Queensland Ambulance Service as a paramedic of any type2 an authorised officer under the Child Protection Act 19993 a corrective services officer under the Corrective Services Act 20064 a fire service officer under the Fire and Emergency Services Act 19905 a member of the State Emergency Service or an emergency service unit under the Fire and Emergency Services Act 19906 a member of a rural fire brigade registered under the Fire and Emergency Services Act 1990, section 797 a volunteer firefighter or volunteer fire warden employed by the authority responsible for the management of the State’s fire services8 a police officer or police recruit under the Police Service Administration Act 19909 a youth justice staff member within the meaning of the Youth Justice Act 1992, section 59B10 a doctor or nurse employed in any of the following areas—• emergency and trauma care• acute care• critical care• high-dependency care11 an occupation or profession performed in the private sector that corresponds to an occupation or profession mentioned in item 1, 3 or 4
1 the department in which the Ambulance Service Act 1991 is administered2 the department in which the Child Protection Act 1999 is administered3 the department in which the Corrective Services Act 2006 is administered4 the department in which the Fire and Emergency Services Act 1990 is administered5 the department in which the Police Service Administration Act 1990 is administered6 the department in which the Youth Justice Act 1992 is administered
Schedule 13 —
insert—
"nurse" means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession.
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