Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 540

540 Application of pt 2

(1) This part applies to the following—

(a) a decision by WorkCover—

(i) not to give an exemption from insuring under this Act under section 49 ; or

(ii) to set the premium payable under a policy under section 54 ; or

(iii) to issue a reassessment premium notice under section 56 ; or

(iv) to refuse to waive or reduce a penalty under section 57 , 66 , 109A , 146A or 229 ; or

(v) to refuse to reassess a default assessment under section 58 ; or

(vi) to refuse to waive or reduce additional premium under section 64 ; or

(vii) to waive or not to waive section 131 (1) or (2) ; or

(viii) to allow or reject an application for compensation; or

(viiia) to allow or reject an application under section 132A or 132B ; or

(ix) to terminate or suspend payment of compensation; or

(ixa) to increase or decrease a weekly payment of compensation under chapter 3 ; or

(x) to refuse to vary an entitlement under section 171 , 172 or 173 ; or

(xi) to apportion compensation under chapter 3 , part 11 ; or

(xii) to allow or refuse an entitlement under section 212 , 216 or 219 ; or

(xiia) under section 232M , that a worker is not entitled to treatment, care and support payments; or

(xiiaa) to refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of WorkCover under section 220 (4); or

(xiiab) that a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of WorkCover under section 220 (5); or

(xiib) to refuse a service request, or approve a service request on conditions, under section 232P; or

(xiic) to refuse a payment request under section 232R; or

(xiid) that, under section 232S , WorkCover is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; or

(xiie) that, under section 232S, a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; or

(xiif) not to accept liability to make treatment, care and support payments under section 232ZD ; or

(xiig) to amend approved services for an eligible worker under section 232ZG ; or

(xiih) to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; or

(xiii) for section 239A (4) that a claimant has or has not sustained an injury; or

(xiv) to refuse an examination application under section 325C ;

(b) a decision by a self-insurer—

(i) to waive or not to waive section 131 (1) or (2) ; or

(ii) to allow or reject an application for compensation; or

(iia) to allow or reject an application under section 132A or 132B ; or

(iii) to terminate or suspend payment of compensation; or

(iiia) to increase or decrease a weekly payment of compensation under chapter 3 ; or

(iv) to refuse to vary an entitlement under section 171 , 172 or 173 ; or

(v) to apportion compensation under chapter 3 , part 11 ; or

(vi) to allow or refuse an entitlement under section 212 , 216 or 219 ; or

(via) under section 232M , that a worker is not entitled to treatment, care and support payments; or

(viaa) to refuse a worker’s entitlement to be referred to an accredited rehabilitation and return to work program of the self-insurer under section 220 (4); or

(viab) that a worker is no longer entitled to participate in an accredited rehabilitation and return to work program of the self-insurer under section 220 (5); or

(vib) to refuse a service request, or approve a service request on conditions, under section 232P; or

(vic) to refuse a payment request under section 232R; or

(vid) that, under section 232S , the self-insurer is not satisfied that a worker’s serious personal injury is likely to continue to meet the chapter 4A eligibility criteria for the injury after the interim period ends; or

(vie) that, under section 232S, a worker’s entitlement to treatment, care and support payments ends before the end of the interim period; or

(vif) not to accept liability to make treatment, care and support payments under section 232ZD ; or

(vig) to amend approved services for an eligible worker under section 232ZG ; or

(vih) to suspend, under section 232ZH , a worker’s entitlement to treatment, care and support payments for all or part of a period the worker is absent from Australia; or

(vii) for section 239A (4) that a claimant has or has not sustained an injury; or

(viii) to refuse an examination application under section 325C ;

(c) a failure by WorkCover or a self-insurer to make a decision—

(i) on an application under section 132A , 132B or 134 within the time stated in the section; or

(ia) under section 232M (4) , on request from a worker, within the time stated in section 232M (3) ; or

(ib) under section 232P (3) within the time stated in the section; or

(ic) on a payment request within the time stated in section 232R (1) ; or

(id) on a review under section 232S within the time stated in the section; or

(ie) under section 232ZD (5) within the time stated in the section; or

(ii) for section 239A (4) within the time stated in section 239A (5) ; or

(iii) under section 325C (1) within the period stated in the section.

(2) WorkCover or the self-insurer (the
"decision-maker" ) must give written reasons for the decision or for the failure to make a decision.

(3) The decision-maker need not give reasons for a decision mentioned in subsection (1) (a) (ii) or (iii) .

(4) The reasons for the decision must—

(a) address the matters prescribed by regulation; and

(b) be accompanied by information about the rights of review under this Act for the decision.

(5) The decision or the failure to make a decision may be reviewed only by the Regulator.