Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 389

389 General restriction on WorkCover’s powers

(1) Section 388 applies to WorkCover subject to any restrictions on WorkCover’s powers expressly imposed under this or another Act.

(2) Section 388 also applies to WorkCover subject to any restrictions expressly imposed by—

(a) WorkCover’s statement of corporate intent; and

(b) any relevant directions, notifications or approvals given to WorkCover by the Minister.

(3) WorkCover contravenes this subsection if—

(a) WorkCover exercises a power contrary to a restriction mentioned in subsection (1) or (2) ; or

(b) does an act otherwise than for its functions.

(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.

(5) A WorkCover officer who is involved in the contravention contravenes this subsection.

(6) An act of the officer is not invalid merely because, by doing the act, the officer contravenes subsection (5) .

(7) WorkCover or a WorkCover officer is not guilty of an offence merely because of the contravention.

(8) The fact that—

(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

(b) 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.

(9) In this section—

"restriction" includes prohibition.

"WorkCover officer" means—

(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.