WORKERS' COMPENSATION AND REHABILITATION REGULATION 2014

Queensland Consolidated Regulations

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WORKERS' COMPENSATION AND REHABILITATION REGULATION 2014

- Made under the Workers’ Compensation and Rehabilitation Act 2003
- As at 23 August 2024
- Reg 189 of 2014

TABLE OF PROVISIONS

PART 1 - PRELIMINARY

1. Short title
2. Commencement
3. Definitions
4. WorkCover’s capital adequacy—Act, s 453(b)

PART 2 - EMPLOYER INSURANCE

Division 1 - Policies and premium assessments

5. Application for policy
6. Policies and renewals
7. Assessment of premium
8. Declaration of wages
9. Value of board and lodging
10. Payment of premium by instalments
11. Additional premium for late payment of premium—Act, ss 61 and 62
12. Premium for appeals—Act, s 569(2)(a)
13. Former employer may apply to cancel policy
14. Cancellation of policy if workers no longer employed

Division 2 - Employer excess

15. Excess period—Act, s 65(2)

Division 3 - Self-insurance

16. Application fees—Act, s 70(c)
17. Annual levy—Act, s 81(2)
18. Provisional annual levy—not agreed or decided
19. Adjusted annual levy—agreed
20. Adjusted annual levy—not agreed but decided
21. Additional amount for late payment of levy—Act, s 82(1)
22. Conditions of licence—Act, s 83
23. Premium payable after cancellation of self-insurer’s licence—Act, s 98
24. Deemed levy for appeals—Act, s 569(2)(a)

PART 3 - CALCULATION OF SELF-INSURER’S LIABILITY

Division 1 - Outstanding liability

Subdivision 1 - Preliminary

25. Calculation of outstanding liability—Act, s 87(2)

Subdivision 2 - Actuarial calculations and reports

26. Appointment of actuary
27. Regulator to give actuary information
28. Actuarial calculation
29. Actuarial report
30. Summary report
31. Agreement on amount
32. Reference to arbiter if no agreement on amount
33. Payment of amount
34. Transfer of claims information

Division 2 - Total liability

Subdivision 1 - Preliminary

35. Calculation of total liability after change in self-insurer’s membership—Act s 90(9)

Subdivision 2 - Actuarial calculations and reports

36. Appointment of actuary
37. Relevant parties to give actuaries information
38. Actuarial calculation
39. Actuarial report
40. Summary report
41. Agreement on amount
42. Reference to arbiter if no agreement on amount
43. Payment of amount
44. Transfer of claims information

Division 3 - Liability after cancellation of self-insurer’s licence

Subdivision 1 - Preliminary

45. Calculation of liability after cancellation—Act, s 102(3)

Subdivision 2 - Actuarial calculations and reports

46. Appointment of actuary
47. Former self-insurer to give actuaries information
48. Actuarial calculation
49. Actuarial report
50. Summary report
51. Agreement on amount
52. Reference to arbiter if no agreement on amount
53. Payment of amount

Division 4 - Estimated claims liability

Subdivision 1 - Preliminary

54. Calculation of estimated claims liability—Act, s 84(3)(b)

Subdivision 2 - Actuarial calculations and reports

55. Approved actuary
56. Self-insurer to give Regulator and approved actuary information
57. Actuarial calculation
58. Actuarial report
59. Copy of actuarial report to Regulator and self-insurer
60. Regulator to advise self-insurer whether agreement on amount
61. Reference to Regulator’s actuary if no agreement on amount
62. Agreement on amount
63. Reference to arbiter

Division 5 - Self-insurers who become non-scheme employers

Subdivision 1 - Preliminary

64. Calculation of non-scheme employer’s liability—Act, s 105I(2)

Subdivision 2 - Actuarial calculations and reports

65. Appointment of actuary
66. Non-scheme employer to give actuaries information
67. Actuarial calculation
68. Actuarial report
69. Summary report
70. Agreement on amount
71. Reference to arbiter if no agreement on amount
72. Payment of amount

Subdivision 3 - Calculation—finalised non-scheme employer’s liability

73. Calculation of finalised non-scheme employer’s liability amount—Act, s 105I(2)
74. Appointment of actuary
75. WorkCover to give actuaries information
76. Actuarial calculation
77. Actuarial report
78. Summary report
79. Agreement on amount
80. Reference to arbiter if no agreement on amount
81. Payment of amount

Division 6 - Total liability—member of a group who becomes non-scheme employer

Subdivision 1 - Preliminary

82. Calculation of non-scheme members’ total liability—Act, s 105O(3)(a)

Subdivision 2 - Actuarial calculations and reports

83. Appointment of actuary
84. Parties to give actuaries information
85. Actuarial calculation
86. Actuarial report
87. Summary report
88. Agreement on amount
89. Reference to arbiter if no agreement on amount
90. Payment of amount
91. Transfer of claims information

Division 7 - Actuarial arbiter

92. Function of actuarial arbiter
93. Selection and appointment of actuarial arbiter
94. Arbiter must decide amount
95. Arbiter’s decision is final
96. Arbiter’s costs

PART 4 - COMPENSATION

Division 1 - Calculation of NWE

97. Calculation of NWE—Act, s 106(3)
98. What amounts may be taken into account
99. NWE if impracticable to calculate rate of worker’s remuneration
100. NWE if worker worked for 2 or more employers
101. NWE if insurer considers calculation unfair

Division 2 - Compensation application and other procedures

102. Application for compensation to include evidence or particulars—Act, s 132(3)(b)
103. If dentist, doctor or nurse practitioner not available
104. Certificate given by dentist, doctor or nurse practitioner
105. Application for compensation for assessment of DPI—Act, s 132A(3)(c)(ii)
105A. Application for certificate of dependency—Act, s 132B(3)(c)(ii)
106. Request for examination of claimant or worker—Act, ss 135 and 510

Division 3 - Entitlement to compensation for permanent impairment—generally

107. Additional lump sum compensation—workers with latent onset injuries that are terminal—Act, s 128B(2)(c)
108. Calculating lump sum compensation—Act, s 180(1)
109. Additional lump sum compensation for workers with DPI of 30% or more—Act, s 192(2)
110. Additional lump sum compensation for gratuitous care (occupational therapist’s assessment)—Act, ss 193(4) and 224(3)
111. Additional lump sum compensation for gratuitous care (occupational therapist’s report)—Act, ss 193(5)(b) and 224(4)(b)
112. Additional lump sum compensation for gratuitous care—Act, s 193(6)

Division 3A - Entitlement to additional compensation for permanent impairment—Act, s 193A

Subdivision 1 - Preliminary

112A. Definitions for div 3A
112B. Operation of div 3A

Subdivision 2 - Amount and condition of entitlement

112C. Amount of compensation—Act, s 193A(2)(a)
112D. Qualifying condition—Act, s 193A(2)(b)

Subdivision 3 - Process for deciding qualifying condition

112E. Application of sdiv 3
112F. Insurer to consider qualifying condition
112G. Notification
112H. Worker may request reasons
112I. Giving information
112J. Decision based on worker’s information
112K. Meeting before decision made

Subdivision 4 - Review of insurer’s decision

112L. Definition for sdiv 4
112M. Application of sdiv 4
112N. Application for review
112O. Insurer to give information to panel
112P. Review by panel
112Q. Insurer must notify amount of entitlement

Subdivision 5 - Establishment of panel

112R. Panel—Act, s 193A(3)
112S. Appointment to panel
112T. Administrative matters

Subdivision 6 - Miscellaneous

112U. Liability not affected

Division 3AA - Entitlement to compensation for pneumoconiosis

112V. Working out pneumoconiosis score—Act, s 36F
112W. Lump sum compensation for workers with pneumoconiosis—Act, s 128G

Division 4 - Liability for caring allowance

113. Payment of caring allowance—Act, s 225(a)

PART 5 - REHABILITATION

Division 1 - Rehabilitation and return to work coordinators

114. Functions of rehabilitation and return to work coordinator—Act, s 41(b)
115. Criteria for employer to appoint rehabilitation and return to work coordinator—Act, s 226(1)

Division 2 - Guidelines for standard for rehabilitation

116. (Repealed)
117. Availability of guidelines

PART 5A - TREATMENT, CARE AND SUPPORT PAYMENTS

Division 1 - Assessing entitlement

Subdivision 1 - Preliminary

117A. Definitions for division

Subdivision 2 - Eligibility criteria

117B. Purpose of subdivision
117C. Eligibility criteria for permanent spinal cord injury
117D. Eligibility criteria for traumatic brain injury
117E. Eligibility criterion for the amputation of a leg through or above the femur
117F. Eligibility criteria for the amputation of more than 1 limb or parts of different limbs
117G. Eligibility criteria for a full thickness burn to all or part of the body
117H. Eligibility criterion for an inhalation burn resulting in a permanent respiratory impairment
117I. Eligibility criterion for permanent blindness caused by trauma

Subdivision 3 - Assessing eligibility criteria

117J. Requirements for using functional independence measure instrument or childrens functional independence measure instrument to assess injuries

Division 2 - Assessing worker’s needs

Subdivision 1 - Assessment process

117K. Assessment generally
117L. Intervals for carrying out assessments

Subdivision 2 - Matters for deciding necessary and reasonable treatment, care and support needs

117M. Purpose of subdivision
117N. Benefit to worker
117O. Appropriateness of service
117P. Appropriateness of provider
117Q. Cost-effectiveness

Subdivision 3 - Other matters relating to assessing needs

117R. Additional requirement about assessing particular treatment, care or support
117S. Treatment, care or support that must be provided by a registered provider

Subdivision 4 - Support plans and service requests

117T. Support plans
117U. Amending support plans
117V. Deciding service request

Division 3 - Payment options

117W. Circumstances in which payment request may be made
117X. Deciding payment request
117Y. Limit on amount payable under payment request

Division 4 - Review of entitlement

117Z. Review of worker’s entitlement

PART 6 - DAMAGES

Division 1 - Particulars in notice of claim

118. Notice of claim for damages—Act, s 275
119. Particulars of claimant and worker
120. Particulars of event
121. Injury particulars
122. Particulars of hospital, treatment and rehabilitation
123. Particulars if claim for diminished income earning capacity
124. Particulars if injury causes death
125. Particulars of mitigation

Division 2 - General provisions

126. Time for adding another person as contributor—Act, s 278A(1)
127. Contribution notice to contain particular information—Act, s 278B(1)(a)

PART 7 - ASSESSMENT OF DAMAGES

128. Prescribed amount of damages for loss of consortium or loss of servitium—Act, s 306M(1)(b)
129. Rules for assessing injury scale value—Act, s 306O(1)(c)(i)
130. General damages calculation provisions—Act, s 306P(2), definition general damages calculation provisions
131. Prescribed amount of award for future loss—Act, s 306R(2)

PART 8 - COSTS

Division 1 - Proceeding before industrial magistrate or industrial commission

132. Costs—proceeding before industrial magistrate or industrial commission
133. Payment of additional amount for costs

Division 2 - Claim for damages

134. Who this division applies to
135. Costs before proceeding started
136. Costs after proceeding started
137. Outlays

PART 9 - MEDICAL ASSESSMENT TRIBUNALS

138. Medical assessment tribunals—Act, s 492
139. Constitution of General Medical Assessment Tribunal
140. Chairperson and deputy chairperson of General Medical Assessment Tribunal
141. Constitution of a specialty medical tribunal
142. Chairperson and deputy chairperson of a specialty medical tribunal
143. Constitution of Composite Medical Tribunal
144. Chairperson and deputy chairperson of Composite Medical Tribunal

PART 10 - MISCELLANEOUS

144A. First responders—Act, s 36EB
144B. Eligible employees—Act, s 36EC
144C. Presumption of injury—Act, s 36ED
145. Declaration of designated courts—Act, s 114(4), definition designated court
146. Declaration of provisions—Act, s 322(2), definition a State’s legislation about damages for a work related injury
146A. WorkCover funding and provision of programs and incentives—Act, s 385A, definition prescribed entity
147. Documents and particulars to be kept—Act, s 532D(1) and (2)
147A. Allowances and expenses for person required to attend for examination—Act, s 532S
148. Reasons for decisions must address certain matters—Act, ss 540(4) and 546(3AA)

PART 11 - SAVINGS AND TRANSITIONAL PROVISION FOR WORKERS’ COMPENSATION AND REHABILITATION AMENDMENT REGULATION (NO. 1) 2015

149. Decision about qualifying condition if DPI decided before commencement
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 4A
SCHEDULE 4B
SCHEDULE 4C
SCHEDULE 5
SCHEDULE 6
SCHEDULE 6A
SCHEDULE 6B
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9
SCHEDULE 10
SCHEDULE 11
SCHEDULE 12
SCHEDULE 13

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