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WORKERS' COMPENSATION AND REHABILITATION (NATIONAL INJURY INSURANCE SCHEME) AMENDMENT ACT 2016 - SECT 30

Insertion of new ch 4A

30 Insertion of new ch 4A

After chapter 4—
insert—

Chapter 4A - Serious personal injuries

Part 1 - Preliminary

232H Application and object of chapter
(1) This chapter applies if a worker sustains an injury for which compensation under chapter 3 is payable.
(2) However, this chapter does not apply if the injury—
(a) is an injury only because it is sustained in the circumstances mentioned in section 34(1)(c) or 35; or
(b) is caused by the worker’s serious and wilful misconduct.
(3) The object of this chapter is to ensure that a worker who sustains a serious personal injury receives necessary and reasonable treatment, care and support.
232I Definitions for chapter In this chapter—

"approved service" , for an eligible worker, means—
(a) if a support plan has not been made for the worker—treatment, care or support that is the subject of a service request relating to the worker and approved by the insurer under section 232P; or
(b) if a support plan has been made for the worker—
(i) a treatment, care and support need resulting from the worker’s serious personal injury stated in the support plan to be a need the insurer considers is necessary and reasonable in the circumstances; and
(ii) any treatment, care or support resulting from another injury resulting from the same event as the serious personal injury stated in the support plan to be treatment, care or support the insurer considers is necessary and reasonable in the circumstances; and
(iii) other treatment, care or support stated in the support plan to be treatment, care or support the insurer agrees to, wholly or partly, pay for under this chapter.

"attendant care and support services" means services to help a person with everyday tasks.
Examples—
domestic, home maintenance, nursing or personal assistance services

""
"eligibility criteria" see section 232M(2)(a).

"eligibility period" , for an eligible worker, see section 232L(3).

"eligible worker" means a worker who an insurer decides, under section 232M, is entitled to treatment, care and support payments for the worker’s injury.

"excluded treatment, care or support" see section 232K.

"funding agreement" see section 232Q(2).

"interim period" , for an eligible worker, means a period of 2 years from the day the insurer decides, under section 232M, the worker is entitled to treatment, care and support payments for the worker’s injury.

"payment request" see section 232Q(3).

"service request" see section 232P(1).

"support plan" see section 232O(1)(b).

"treatment, care and support damages" , in relation to a worker, means damages relating to the worker’s treatment, care and support needs resulting from the worker’s injury.

"treatment, care and support needs" , of a worker, see section 232J.

"treatment, care and support payments" , for a worker who has sustained an injury, means payments under this chapter for the worker’s treatment, care or support resulting from the injury.
232J Meaning of treatment, care and support needs The
"treatment, care and support needs" , of a worker who has sustained an injury, are the worker’s needs for, or relating to, 1 or more of the following resulting from the injury—
(a) medical treatment;
(b) hospitalisation;
(c) dental treatment;
(d) rehabilitation;
(e) ambulance transportation;
(f) respite care;
(g) attendant care and support services;
(h) aids and appliances, other than ordinary personal or household items;
Examples of ordinary personal or household items—
an air conditioner, a laptop, linen, a mobile phone, a personal computer or a washing machine
(i) prosthesis;
(j) education or vocational training;
(k) home, transport or workplace modification.
232K Meaning of excluded treatment, care or support
(1) Treatment, care or support is
"excluded treatment, care or support" if it—
(a) is provided without charge; or
(b) for a child—ordinarily falls within the ordinary costs of raising a child; or
(c) must be provided by a registered provider but is provided by a person who, at the time of provision, is not a registered provider; or
(d) is provided as part of a medical trial or on another experimental basis; or
(e) is provided by State emergency services, including the Queensland Ambulance Service or the Queensland Fire and Emergency Service; or
(f) is prescribed by regulation.
(2) For subsection (1)(c), the following treatment, care or support must be provided by a registered provider
(a) attendant care and support services that are personal assistance services or services to assist a person to participate in the community;
(b) any other treatment, care or support prescribed by regulation.
(3) However, subsection (2)(a) does not apply if the treatment, care or support is being provided to a person at a hospital (whether as an in-patient or an outpatient) as part of the services provided by the hospital.
(4) In this section—

"registered provider" , of a service, means an entity registered in the register of providers as a provider of the service.

"register of providers" means the register of providers kept by the Regulator and made available on the department’s website.

Part 2 - Liability for treatment, care and support payments

232L Insurer’s liability for treatment, care and support payments
(1) The insurer must pay for the worker’s treatment, care and support arising from the worker’s injury—
(a) if the insurer decides, under section 232M, the worker is entitled to treatment, care and support payments for the injury; and
(b) as provided under this chapter.
(2) An eligible worker’s entitlement to treatment, care and support payments applies to treatment, care or support resulting from the worker’s injury provided to the worker during the worker’s eligibility period.
(3) An eligible worker’s
"eligibility period" is the period—
(a) starting when the insurer decides, under section 232M, the worker is entitled to treatment, care and support payments for the injury; and
(b) ending when the first of the following happens—
(i) the worker dies;
(ii) the worker stops being entitled to treatment, care and support payments for the injury under a provision of this Act.
(4) However, an eligible worker is not entitled to treatment, care and support payments for treatment, care or support provided to the worker in any period for which—
(a) the worker’s entitlement to compensation under chapter 3 is suspended under this Act; or
(b) the worker’s entitlement to treatment, care and support payments is suspended under section 232ZH.
232M Assessment of entitlement for treatment, care and support payments
(1) The insurer may decide, or the worker may ask the insurer, to have the worker’s injury or injuries assessed to decide whether the worker is entitled to treatment, care and support payments for the injury or injuries.
(2) The insurer must decide the worker is entitled to treatment, care and support payments for an injury if the injury—
(a) is a serious personal injury that meets the criteria (the
"eligibility criteria" ) for the injury prescribed by regulation; or
(b) resulted from the same event as an injury mentioned in paragraph (a).
(3) If the worker asks for an assessment under subsection (1), the insurer must ensure the assessment is carried out within 20 business days, or a longer period agreed between the insurer and the worker, after—
(a) receiving the request; or
(b) if the insurer asks the worker for further information to help the insurer carry out the assessment—the day the information is received.
(4) After carrying out an assessment under this section, the insurer must decide—
(a) that the worker is entitled to treatment, care and support payments for the worker’s injury or injuries—
(i) for an interim period; or
(ii) if the insurer is satisfied the worker’s serious personal injury is likely to continue to meet the eligibility criteria after the interim period ends—for the rest of the worker’s life; or
(b) that the worker is not entitled to treatment, care and support payments for the worker’s injury or injuries.
(5) If the worker has multiple injuries resulting from the same event, the insurer’s decision under subsection (4)(a) must be made in relation to the worker’s serious personal injury even though the worker may not need treatment, care or support for the other injuries for the whole period decided under the subsection.
(6) The insurer must give the worker written notice of the insurer’s decision under subsection (4) within 10 business days after the decision is made.

Part 3 - Assessing needs and payment options

Division 1 - Assessing needs

232N Deciding necessary and reasonable treatment, care and support needs For this chapter, an insurer must consider the following matters in deciding whether an eligible worker’s treatment, care and support needs resulting from the worker’s serious personal injury are necessary and reasonable in the circumstances—
(a) whether the treatment, care or support for, or relating to, the treatment, care and support needs is excluded treatment, care or support;
(b) any other matter prescribed by regulation.
232O Assessing needs and preparing support plan
(1) An insurer must, for an eligible worker—
(a) assess—
(i) the worker’s necessary and reasonable treatment, care and support needs resulting from the worker’s serious personal injury; and
(ii) any necessary and reasonable treatment, care or support needed by the worker for any other injury resulting from the same event as the worker’s serious personal injury; and
(iii) any other treatment, care or support needed by the worker for the worker’s serious personal injury or another injury resulting from the same event as the worker’s serious personal injury; and
(b) make a plan (a
"support plan" ) about the worker’s treatment, care and support needs, and any other treatment, care or support needed by the worker, assessed under paragraph (a); and
(c) give a copy of the support plan to the worker.
(2) An assessment under subsection (1)(a)—
(a) must be carried out in the way, and at the intervals, prescribed by regulation; and
(b) may be carried out at other times the insurer considers appropriate; and
(c) may be carried out for the treatment, care or support needed by the worker for a particular period only.
(3) A support plan made under subsection (1)(b) must comply with the requirements prescribed by regulation.
(4) An insurer may amend the worker’s support plan
(a) to reflect the outcomes of a further assessment under subsection (1)(a); and
(b) as otherwise provided under this chapter.
Note—
See sections 232P(6) and 232ZG(2) in relation to amendments of the support plan.
(5) An amendment of the worker’s support plan must comply with the requirements prescribed by regulation.
232P Deciding service requests
(1) An insurer may approve a written request (a
"service request" ) to pay for particular treatment, care or support (the
"requested service" ) to be provided to an eligible worker in a particular period.
(2) A service request may be made for an eligible worker—
(a) before or after a support plan is made for the worker; and
(b) by the worker or the person providing the requested service.
(3) An insurer must decide whether to approve, with or without conditions, or refuse a service request within—
(a) 20 business days after the request is received; or
(b) if, within the period mentioned in paragraph (a), the insurer asks for further information to help the insurer make the decision—20 business days after the information is received.
(4) In deciding whether to approve or refuse a service request, an insurer must consider the matters prescribed by regulation.
(5) An insurer must give written notice of the insurer’s decision under subsection (3) to—
(a) the person who made the request; and
(b) if the person who made the request is not the eligible worker—the worker.
(6) If an insurer makes a decision about a service request relating to an eligible worker for whom a support plan has been made, the insurer must—
(a) if the insurer approves the service request, with or without conditions—amend the worker’s support plan to reflect the approval; or
(b) if the insurer refuses the service request—ensure a copy of the written notice of the decision is attached to the worker’s support plan.

Division 2 - Payments

232Q Payment options
(1) An insurer may make treatment, care and support payments for an eligible worker’s injury—
(a) under a funding agreement between the insurer and the worker; or
(b) in response to a payment request by a person who has incurred expenses for the treatment, care or support of the worker resulting from the injury.
(2) A
"funding agreement" is an agreement between an insurer and an eligible worker for a stated period—
(a) providing for the insurer to pay the worker an amount to cover particular expenses to be incurred by the worker or another person, in the period, for the treatment, care or support of the worker; and
(b) entered into in the circumstances, and for the treatment, care or support, prescribed by regulation; and
(c) including the terms prescribed by regulation.
(3) A
"payment request" is a written request by a person who has incurred an expense for the treatment, care or support of an eligible worker—
(a) asking an insurer to pay all or part of the amount of the expense; and
(b) made in the circumstances prescribed by regulation.
232R Deciding payment requests
(1) An insurer must approve or refuse a payment request within—
(a) 20 business days after receiving the request; or
(b) if, within the period mentioned in paragraph (a), the insurer asks for further information to help the insurer make the decision—20 business days after the information is received.
(2) A regulation may prescribe matters about an insurer deciding a payment request.
(3) If the insurer approves a payment request, the insurer must pay the amount requested to the person who made the request within 20 business days after approving the request.
(4) However, the insurer is not liable to pay a part of the amount requested in a payment request that exceeds an amount prescribed by regulation for the treatment, care or support.
(5) If the insurer refuses the payment request, the insurer must give written notice of the decision to—
(a) the person who made the payment request; and
(b) if the person who made the payment request is not the eligible worker—the eligible worker.

Part 4 - Review of worker’s entitlement

232S Review if worker entitled only for interim period
(1) This section applies if an insurer decides, under section 232M, a worker is entitled to treatment, care and support payments for the worker’s injury or injuries for an interim period.
(2) The insurer—
(a) may review the worker’s entitlement at any time during the interim period; and
(b) must review the worker’s entitlement at least once before the end of the interim period.
(3) A review must be carried out in the way prescribed by regulation.
(4) After carrying out a review and before the interim period ends, the insurer must decide—
(a) if the insurer is satisfied that the worker’s serious personal injury is likely to continue to meet the eligibility criteria for the injury after the interim period ends—that the worker is entitled to treatment, care and support payments for the worker’s injury or injuries for the rest of the worker’s life; or
(b) otherwise—that the worker’s entitlement to treatment, care and support payments for the worker’s injury or injuries ends—
(i) when the interim period ends; or
(ii) at the start of an earlier day decided by the insurer.
(5) If the worker has multiple injuries resulting from the same event, the insurer’s decision under subsection (4) must be made in relation to the worker’s serious personal injury even though the worker may not need treatment, care or support for the other injuries for the rest of the period decided under the subsection.
(6) Within 10 business days after making a decision under subsection (4), the insurer must give the worker written notice of the decision.
(7) If the insurer decides the worker’s entitlement to treatment, care and support payments ends at a time mentioned in subsection (4)(b), the worker stops being entitled to treatment, care and support payments at that time.

Part 5 - Relationship with treatment, care and support damages

Division 1 - Preliminary

232T Application of part
(1) This part applies if an eligible worker may seek treatment, care and support damages for the worker’s injury.
(2) Section 235 applies to the provisions of this part as if they were provisions of chapter 5.
232U Definitions for part In this part—

"accept" , for awarded treatment, care and support damages, means accept by written notice given to the insurer.

"acceptance period" , for awarded treatment, care and support damages, means—
(a) if the damages are awarded under a judgment or settlement that must, under another Act, be sanctioned by a court or the public trustee—the period of 10 business days after the sanction is given; or
(b) if the damages are awarded under a judgment and paragraph (a) does not apply—the period of 10 business days after the period for lodging an appeal against the judgment ends; or
(c) if the damages are awarded under a settlement and paragraph (a) does not apply—the period of 10 business days after the settlement is made.

"awarded" , in relation to treatment, care and support damages, means awarded under a judgment or settlement for a claim for damages.

"elect" , in relation to a worker seeking treatment, care and support damages for the worker’s injury, means elect in a notice of claim under section 275 for the injury.

"person under a legal disability" means—
(a) a child; or
(b) a person with impaired capacity for a matter within the meaning of the Guardianship and Administration Act 2000 .

Division 2 - Election to seek treatment, care and support damages

232V Worker must make election
(1) If the worker makes a claim for damages under chapter 5 for the worker’s injury, the worker must state in the notice of claim given under section 275 whether or not the worker elects to seek treatment, care and support damages for the injury.
(2) If the worker is entitled to treatment, care and support payments for multiple injuries resulting from the same event, the worker must make the same election under subsection (1) for all the injuries.
(3) If the worker does not elect to seek treatment, care and support damages for the worker’s injury, or the election is taken not to have been made under section 232W, the worker is not entitled to seek treatment, care and support damages for the injury.
232W When election of no effect
(1) This section applies if—
(a) the worker elects to seek treatment, care and support damages for the worker’s injury; and
(b) any of the following happens—
(i) a court decides, under section 232X, not to sanction the election;
(ii) a court makes an order, under section 232Y, preventing the worker from being awarded treatment, care and support damages for the injury;
(iii) a court decides, or the worker and insurer agree by way of settlement, that—
(A) the worker is guilty of contributory negligence in relation to the claim for damages; and
(B) the damages the worker would otherwise be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by 50% or more.
(2) The election is taken not to have been made.
232X Court sanction for election by worker under legal disability
(1) If the worker elects to seek treatment, care and support damages for the worker’s injury and the insurer considers the worker is a person under a legal disability, the insurer must apply to the court for an order sanctioning the notice.
(2) Subsections (3) to (5) apply if the court considers the worker is a person under a legal disability.
(3) The court
(a) must decide whether or not to sanction the election; and
(b) may order that the worker, or a person acting for the worker, amend the notice of claim to remove the election; and
(c) may make any other order the court considers appropriate.
(4) In deciding whether to make an order under subsection (3), the court
(a) must consider the worker’s likely legal costs relating to the claim for damages; and
(b) may consider any other matter the court considers relevant.
(5) If the worker is an adult, the court may exercise all the powers of QCAT under the Guardianship and Administration Act 2000 , chapter 3.
(6) If the court exercises a power mentioned in subsection (5), the Guardianship and Administration Act 2000 , section 245(3) to (6) applies in relation to the exercise of the power as if the court were acting under section 245(2) of that Act.
(7) This section is subject to section 232Y.
(8) In this section—

"court" means—
(a) if a proceeding for the claim for damages has been brought in the District Court or the Supreme Court—the court hearing the proceeding; or
(b) otherwise—the District Court or the Supreme Court.
232Y Court order preventing election to seek treatment, care and support damages
(1) The insurer may apply to the court for an order preventing the workerfrom being awarded treatment, care and support damages for the worker’sinjury.
(2) An application under subsection (1) may be made whether or not the worker has made an election to seek treatment, care and support damages for the injury.
(3) The worker is the respondent to the application.
(4) In deciding whether to make the order, the court
(a) must consider the worker’s ability to manage an award of treatment, care and support damages in a way that will not compromise the worker’s—
(i) prospects of improvement or rehabilitation; or
(ii) future health and wellbeing; and
(b) must consider whether the worker is a person under a legal disability; and
(c) must consider the worker’s likely legal costs relating to the claim for damages; and
(d) may consider any other matter the court considers relevant.
(5) If the court makes the order—
(a) the worker may not elect to seek treatment, care and support damages for the injury; and
(b) any election to seek treatment, care and support damages for the injury made by the worker is taken not to have been made.
(6) If the worker is an adult, the court may exercise all the powers of QCAT under the Guardianship and Administration Act 2000 , chapter 3.
(7) If the court exercises a power mentioned in subsection (6), the Guardianship and Administration Act 2000 , section 245(3) to (6) applies in relation to the exercise of the power as if the court were acting under section 245(2) of that Act.
(8) In this section—

"court" means—
(a) if a proceeding for the claim for damages has been brought in the District Court or the Supreme Court—the court hearing the proceeding; or
(b) otherwise—the District Court or the Supreme Court.

Division 3 - Worker’s entitlement to treatment, care and support payments

232Z Worker does not elect to seek treatment, care and support damages
(1) This section applies if the worker does not electto seek treatment, care and support damages for the worker’s injury.
(2) The worker’s entitlement to treatment, care and support payments for the worker’s injury continues for the remaining eligibility period for the worker.
232ZA Worker entitled for interim period elects to seek treatment, care and support damages
(1) This section applies if the worker—
(a) is an eligible worker for the worker’s injury only for an interim period; and
(b) elects to seek treatment, care and support damages for the injury.
(2) Judgment for damages for the injury can not be awarded, and settlement for damages for the injury can not be agreed, until the first of the following happens—
(a) the interim period ends;
(b) the insurer decides, under section 232S, the worker is entitled to treatment, care and support payments for the injury for the rest of the worker’s life;
(c) the worker stops being entitled to treatment, care and support payments under section 232S(7) or another provision of this Act.
232ZB Worker entitled for life elects to seek treatment, care and support damages—damages not awarded or not accepted
(1) This section applies if the worker—
(a) is an eligible worker for the worker’s injury for the rest of the worker’s life; and
(b) elects to seek treatment, care and support damages for the injury; and
(c) either—
(i) is awarded damages for the injury that do not include treatment, care and support damages; or
(ii) is awarded treatment, care and support damages for the injury, but the worker does not accept the awarded treatment, care and support damages within the acceptance period.
(2) The worker’s entitlement to treatment, care and support payments for the worker’s injury continues for the remaining eligibility period for the worker.
(3) If subsection (1)(c)(ii) applies, despite the judgment or the terms of the settlement for the claim for damages, neither the insurer nor the employer is liable to pay the amount of the awarded treatment, care and support damages.
232ZC Worker entitled for life elects to seek treatment, care and support damages—damages awarded and accepted
(1) This section applies if the worker—
(a) is an eligible worker for the worker’s injury for the rest of the worker’s life; and
(b) elects to seek treatment, care and support damages for the injury; and
(c) is awarded treatment, care and support damages for the injury; and
(d) accepts the awarded treatment, care and support damages within the acceptance period.
(2) The worker’s entitlement to treatment, care and support payments for the worker’s injury continues until the awarded treatment, care and support damages are accepted by the worker, at which time the worker’s entitlement to treatment, care and support payments for the injury stops.
Note—
See section 270 for what happens when treatment, care and support damages for an injury are awarded to a worker who has received treatment, care and support payments for the injury.
232ZD Additional payments if treatment, care and support damages insufficient
(1) This section applies if—
(a) the worker accepted treatment, care and support damages awarded for the worker’s injury within the acceptance period; and
(b) the period, of at least 5 years, prescribed by regulation has passed since the worker accepted the awarded treatment, care and support damages; and
(c) the worker considers the amount of awarded treatment, care and support damages is not sufficient to meet the worker’s necessary and reasonable treatment, care and support needs resulting from the injury.
(2) The worker may apply to the insurer for treatment, care and support payments for the injury.
(3) The insurer may accept liability to make treatment, care and support payments to the worker if the insurer is satisfied the amount of awarded treatment, care and support damages is not sufficient to meet the worker’s necessary and reasonable treatment, care and support needs resulting from the worker’s serious personal injury.
(4) In deciding whether to accept liability to make treatment, care and support payments to the worker, the insurer must have regard to the matters prescribed by regulation.
(5) The insurer must decide to accept or not accept liability to make treatment, care and support payments to the worker within 20 business days after the application is made.
(6) The insurer must give the worker written notice of the insurer’s decision.
(7) In this section, a reference to the amount of awarded treatment, care and support damages includes the amount of treatment, care and support payments paid under section 232ZC(2) until the damages were accepted by the worker.
(8) If the insurer accepts liability to make treatment, care and support payments for the worker’s injury under this section—
(a) the worker is entitled to treatment, care and support payments for treatment, care or support resulting from the injury provided during the period—
(i) starting on the day the insurer decides to accept the liability; and
(ii) ending when the first of the following happens—
(A) the worker dies;
(B) the worker’s entitlement to treatment, care and support payments ends under another provision of this Act; and
(b) parts 3 and 6 apply to the worker’s entitlement to treatment, care and support payments, and for that purpose—
(i) the worker is an eligible worker; and
(ii) the worker’s eligibility period is the period mentioned in paragraph (a).

Part 6 - Recipient absent from Australia

232ZE Application of part This part applies to an eligible worker if—
(a) the worker leaves Australia; and
(b) while the worker is absent from Australia, expenses are, or are likely to be, incurred by or for the worker for the worker’s treatment, care or support; and
(c) the insurer did not, in deciding the approved services for the worker, consider the need for treatment, care or support to be provided outside Australia as a result of the worker’s absence.
232ZF Worker must notify insurer of absence
(1) At least 1 month before leaving Australia, the worker must give written notice of the absence to the insurer, unless the worker has a reasonable excuse.
Penalty—
Maximum penalty—10 penalty units.
(2) The notice must state—
(a) the day the worker intends to leave Australia; and
(b) if the worker intends to return to Australia—the day the worker intends to return; and
(c) the worker’s address while outside Australia; and
(d) any treatment, care or support to be provided outside Australia that the worker wants the insurer to pay for.
(3) However, this section does not apply if, before the worker leaves Australia, a service request is made, or a funding agreement is entered into, for the treatment, care or support to be provided to the worker outside Australia.
232ZG Reviewing support plan or service request approval
(1) This section applies if—
(a) a support plan has been made for the worker; or
(b) a support plan has not been made for the worker, but a service request relating to the worker has been approved.
(2) To the extent the support plan or approved service request relates to the period the worker is, or intends to be, absent from Australia, the insurer may—
(a) review the plan or approval; and
(b) make any amendments to the plan or approval the insurer considers appropriate.
(3) Without limiting subsection (2), the insurer may amend the approved services for the worker by—
(a) removing or rescheduling any treatment, care or support that is to be provided in Australia while the worker is absent from Australia; or
(b) including any treatment, care or support that is to be provided outside Australia while the worker is absent from Australia, if the insurer considers the treatment, care or support should be, wholly or partly, paid for under this chapter, having regard to the following matters—
(i) the length of the absence;
(ii) whether the treatment, care or support is to be, or could be, provided or funded in another way during the absence;
(iii) whether the treatment, care or support is excluded treatment, care or support;
(iv) any other matter the insurer considers relevant.
(4) However, the insurer may amend the approved services to include treatment, care or support that is to be provided outside Australia only if a service request has not been made for the treatment, care or support.
(5) If the insurer decides to amend the support plan, or the approved service request, the insurer must, within 10 business days of making the decision, give the worker a copy of the amended plan or approval.
(6) To remove any doubt, it is declared that the insurer is not required to carry out an assessment under section 232O(1)(a) before amending a support plan under this section.
232ZH Suspending entitlement
(1) The insurer may suspend the worker’s entitlement to treatment, care and support payments if the insurer considers the worker’s absence from Australia will, or is likely to, adversely affect—
(a) the worker’s condition resulting from the worker’s injury; or
(b) the worker’s prospects of improvement or rehabilitation.
(2) The worker’s entitlement to treatment, care and support payments may be suspended for all or part of the period the worker is absent from Australia.
(3) If the insurer decides to suspend the worker’s entitlement to treatment, care and support payments, the insurer must give the worker written notice of the decision.
Note—
See section 232L(4) for the effect of a worker’s entitlement to treatment, care and support payments being suspended under this section.
(4) The notice—
(a) must state the period of the suspension; and
(b) may state that the period of suspension starts on the day the worker left Australia, even if the notice is given after that day.

Part 7 - Other provision

232ZI Engagement of NIIS (Qld) agency to perform functions and exercise powers
(1) An insurer may, by way of an agreement under the NIIS (Qld) Act, section 60, engage the NIIS (Qld) agency to perform the insurer’s functions or exercise the insurer’s powers under this chapter, including, for example—
(a) assessing and deciding a worker’s entitlement to treatment, care and support payments; and
(b) preparing support plans; and
(c) deciding service requests under section 232P; and
(d) entering into funding agreements under section 232Q; and
(e) deciding payment requests under section 232R.
(2) To remove any doubt, it is declared that an insurer who engages the NIIS (Qld) agency to perform functions or exercise powers under subsection (1) remains liable to make payments to workers under this chapter.
(3) The Regulator may impose a condition on a self-insurer’s licence that the self-insurer engage the NIIS (Qld) agency under subsection (1) for all of the self-insurer’s functions and powers under this chapter or for stated functions and powers.
(4) The Regulator may monitor the performance of functions or the exercise of powers by the NIIS (Qld) agency under an engagement under subsection (1).
(5) In this section—

"NIIS (Qld) Act" means the National Injury Insurance Scheme (Queensland) Act 2016 .

"NIIS (Qld) agency" means the agency under the NIIS (Qld) Act.



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