Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 92

92 Powers of self-insurers

(1) A self-insurer has, in relation to the self-insurer’s workers—

(a) for an injury sustained during the operation of this Act—the functions and powers set out under the following provisions—

(i) chapter 3 (other than sections 110 (5) , 133 , 136 and 170 (3) , and part 12 );

(ii) chapter 4 (other than part 4 );

(iii) chapter 4A ;

(iv) chapter 5 (other than sections 280 , 300 and 306B );

(v) chapter 11 , parts 3 and 4 ; and

(b) for an injury sustained during the operation of the WorkCover Queensland Act 1996 —the functions and powers that WorkCover had under the following provisions of that Act—

(i) chapter 3 (other than sections 136 (5) , 160 , 163 and 188 (3) , and part 11 );

(ii) chapter 4 (other than sections 235 (3) (a) , 237 (2) and 238 , and part 4 );

(iii) chapter 5 (other than sections 284 , 306 and 319 );

(iv) chapter 7 , parts 3 and 5 ; and

(c) for an injury sustained during the operation of the Workers’ Compensation Act 1990 —the functions and powers that the Workers’ Compensation Board of Queensland had under the following provisions of that Act—

(i) part 6 ;

(ii) part 7 (other than sections 102 and 105 );

(iii) part 11 (other than sections 186 and 187 ); and

(d) for an injury sustained during the operation of the Workers’ Compensation Act 1916 —the functions and powers that the Workers’ Compensation Board of Queensland had under the following provisions of that Act—

(i) section 9 ;

(ii) section 9A ;

(iii) section 10 ;

(iv) section 11 ;

(v) section 13A ;

(vi) section 14 (2) ;

(vii) section 14B (other than subsections (2) to (9) );

(viii) section 14D ;

(ix) section 16 ;

(x) schedule, sections 4 , 6 , 23 and 25 .

(2) To apply the provisions mentioned in subsection (1) (b) , (c) or (d) , a reference to WorkCover or the Workers’ Compensation Board of Queensland in the provisions is taken to be a reference to the self-insurer.

(3) The functions and powers must not be performed or exercised by WorkCover in relation to the self-insurer’s workers.

(4) A self-insurer may engage a person who is in Queensland, and who is employed by the self-insurer under a contract (regardless of whether the contract is a contract of service), to perform the self-insurer’s functions or exercise the self-insurer’s powers, other than the functions and powers set out under the following provisions—

(a) for an injury sustained during the operation of this Act†” sections 109 , 199 , 210 to 212 , 216 to 219 , 220 (1) and 222 to 224 of this Act;

(b) for an injury sustained during the operation of the WorkCover Queensland Act 1996 — sections 135 , 217 , 228 to 230 , 234 , 235 and 237 to 241 of that Act;

(c) for an injury sustained during the operation of the Workers’ Compensation Act 1990 — sections 144 , 145 , 148 and 150 to 152 of that Act;

(d) for an injury sustained during the operation of the Workers’ Compensation Act 1916 — section 14D of that Act.

(5) The self-insurer must perform the functions and exercise the powers reasonably.

(6) If a single employer or group employer stops being a self-insurer, the employer no longer has the functions and powers, except to the extent stated in section 100 .