WORKERS' COMPENSATION AND REHABILITATION AND OTHER LEGISLATION AMENDMENT BILL 2013

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WORKERS' COMPENSATION AND REHABILITATION AND OTHER LEGISLATION AMENDMENT BILL 2013

Queensland Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013

Queensland Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Contents Page Chapter 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Chapter 2 Amendments relating to workers' compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 Omission of s 39 (Meaning of work related impairment) . . . . . . . 13 5 Omission of ch 3, pt 3, div 4 (Workers with prescribed disfigurement) .................................. 13 6 Renumbering of ch 3, pt 3, div 5 (Workers with latent onset injuries that are terminal conditions) . . . . . . . . . . . . . . . . . . . . . . 13 7 Amendment of s 128A (Application of div 5) . . . . . . . . . . . . . . . . 13 8 Amendment of s 130 (Injuries caused by misconduct). . . . . . . . . 13 9 Insertion of new s 132A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 132A Applying for assessment of DPI before applying for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 10 Amendment of s 160 (Total incapacity--reference about impairment to medical assessment tribunal) . . . . . . . . . . . . . . . . 14 11 Amendment of ch 3, pt 10, div 2 hdg (Assessment of permanent impairment under table of injuries) . . . . . . . . . . . . . . . . . . . . . . . . 15 12 Amendment of s 179 (Assessment of permanent impairment) . . 15 13 Amendment of s 180 (Calculation of lump sum compensation) . . 16 14 Replacement of s 183 (Calculation of WRI) . . . . . . . . . . . . . . . . . 16 183 Guidelines for assessing a worker's degree of permanent impairment and deciding DPI. . . . . . . . . . 16

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Contents 15 Amendment of s 185 (Insurer to give notice of assessment of permanent impairment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 16 Amendment of s 189 (Worker's decision about lump sum compensation--WRI less that 20% or no WRI) . . . . . . . . . . . . . . 18 17 Amendment of s 237 (General limitation on persons entitled to seek damages). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 18 Amendment of s 238 (Worker with terminal condition). . . . . . . . . 18 19 Amendment of s 239 (Worker who is required to make election to seek damages). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 20 Amendment of s 240 (Consequences, to costs, of seeking damages) ................................... 19 21 Replacement of ch 5, pt 2, divs 3-7 . . . . . . . . . . . . . . . . . . . . . . . 20 Division 3 Urgent proceedings 241 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 242 Need for urgent proceedings . . . . . . . . . . . . . . . . . . . 20 22 Replacement of ch 5, pt 2, div 8 hdg (Review of worker's decision to accept payment of lump sum compensation for injury--WRI less than 20% or no WRI) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 23 Amendment of s 265 (Application of div 8). . . . . . . . . . . . . . . . . . 21 24 Amendment of s 266 (Decision not to seek damages reviewable in certain circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 25 Amendment of s 275 (Notice of claim for damages) . . . . . . . . . . 22 26 Amendment of s 296 (Claimant to have given complying notice of claim or insurer to have waived compliance) . . . . . . . . . . . . . . 23 27 Replacement of s 299 (Other provision for urgent proceedings) . 23 299 Other provision for urgent proceedings . . . . . . . . . . . 23 28 Amendment of s 302 (Alteration of period of limitation) . . . . . . . . 23 29 Amendment of ch 5, pt 12, div 1 hdg (Costs applying to worker with WRI of 20% or more, worker with latent onset injury that is a terminal condition, or dependant) . . . . . . . . . . . . . . . . . . . . . . . 25 30 Amendment of s 310 (Application of div 1). . . . . . . . . . . . . . . . . . 25 31 Replacement of ch 5, pt 12, div 2 hdg and s 315 . . . . . . . . . . . . . 25 Division 2 Costs applying to worker who does not have a terminal condition and has DPI of less than 20% 315 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 32 Amendment of s 500 (Reference to tribunals) . . . . . . . . . . . . . . . 26 33 Amendment of s 501 (Reference about application for compensation) ................................. 26 34 Amendment of s 502 (Reference about worker's capacity for work) 26 Page 2

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Contents 35 Omission of s 503 (Reference about worker's injury) . . . . . . . . . . 27 36 Amendment of s 504 (Reference about worker's impairment) . . . 27 37 Amendment of s 505 (Reference about worker's permanent impairment) ..................................... 27 38 Amendment of s 507 (Reference about review of worker's permanent impairment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 39 Omission of s 508 (Assessment of additional compensation for prescribed disfigurement). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 40 Insertion of new ch 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Chapter 31 Transitional provisions for the Workers' Compensation and Rehabilitation and Other Legislation Amendment Act 2013 Part 1 Amendments commencing on introduction of Bill 678 Injuries sustained before commencement . . . . . . . . . 28 41 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 29 Part 2 Amendment of Workers' Compensation and Rehabilitation Regulation 2003 42 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 43 Insertion of new s 85A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 85A Application for compensation for assessment of DPI--Act, s 132A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 44 Amendment of s 86 (Certificate given by dentist, doctor or nurse practitioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 45 Replacement of ss 92-95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 92 Calculating lump sum compensation--Act, s 180 . . . 31 46 Omission of s 99A (Criteria for rehabilitation and return to work coordinator--Act, s 41(a)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 47 Amendment of s 99C (Employer's obligation to appoint rehabilitation and return to work coordinator--Act, s 226(1)). . . . 31 48 Omission of pt 6, div 2 (Workplace rehabilitation policy and procedures) ................................... 32 49 Renumbering of pt 6, div 1A (Rehabilitation and return to work coordinators) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 50 Amendment of s 114 (Who this division applies to) . . . . . . . . . . . 32 51 Omission of sch 2 (Table of injuries) . . . . . . . . . . . . . . . . . . . . . . 33 52 Amendment of sch 3 (Graduated scale of additional compensation for certain workers) . . . . . . . . . . . . . . . . . . . . . . . . 33 53 Amendment of sch 4 (Graduated scale for additional compensation for gratuitous care) . . . . . . . . . . . . . . . . . . . . . . . . 33 Page 3

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Contents 54 Amendment of sch 8 (Matters to which court is to have regard in the application of schedule 9). . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 55 Amendment of sch 13 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 35 Part 3 Minor and consequential amendments 35 56 Legislation amended in sch 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 57 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 58 Replacement of s 6 (Administration) . . . . . . . . . . . . . . . . . . . . . . 36 6 Administration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 59 Amendment of s 32 (Meaning of injury) . . . . . . . . . . . . . . . . . . . . 36 60 Amendment of s 34 (Injury while at or after worker attends place of employment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 61 Amendment of s 35 (Other circumstances) . . . . . . . . . . . . . . . . . 37 62 Amendment of s 41 (Meaning of rehabilitation and return to work coordinator) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 63 Amendment of s 54 (Setting of premium). . . . . . . . . . . . . . . . . . . 38 64 Amendment of s 81 (Annual levy payable) . . . . . . . . . . . . . . . . . . 38 65 Amendment of s 101 (Recovery of ongoing costs from former self-insurer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 66 Amendment of s 105H (Recovery of ongoing costs from non-scheme employer). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 67 Replacement of s 107 (Meaning of QOTE) . . . . . . . . . . . . . . . . . 39 107 Meaning of QOTE. . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 68 Amendment of s 108 (Compensation entitlement) . . . . . . . . . . . . 39 69 Amendment of s 210 (Insurer's liability for medical treatment, hospitalisation and expenses) . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 70 Amendment of s 217 (Cost of hospitalisation at private hospital) 40 71 Amendment of s 218A (Cost of hospitalisation) . . . . . . . . . . . . . . 40 72 Replacement of s 220 (Insurer's responsibility for worker's rehabilitation) .................................. 41 220 Insurer's responsibility for worker's rehabilitation . . . . 41 73 Omission of s 221 (Authority's responsibility for rehabilitation) . . 42 74 Amendment of s 222 (Liability for rehabilitation fees and costs) . 42 75 Amendment of s 227 (Employer's obligation to have workplace rehabilitation policy and procedures) . . . . . . . . . . . . . . . . . . . . . . 42 76 Amendment of s 231 (Worker must mitigate loss) . . . . . . . . . . . . 43 Page 4

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Contents 77 Amendment of s 267 (Mitigation of loss) . . . . . . . . . . . . . . . . . . . 43 78 Amendment of s 278 (Response to notice of claim). . . . . . . . . . . 43 79 Replacement of s 306F (Worker performed services before injury) 43 306F Worker performed services before injury . . . . . . . . . . 43 80 Replacement of s 306H (Services not required by or provided to worker before injury). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 306H Services not required by or provided to worker before injury ................................. 44 81 Amendment of s 306V (Indexation of particular amounts) . . . . . . 45 82 Replacement of ch 7 (The Authority) . . . . . . . . . . . . . . . . . . . . . . 45 Chapter 7 The Workers' Compensation Regulator Part 1 Office and appointment 326 Establishment of office and appointment of Regulator 46 Part 2 Functions and powers 327 Functions of the Regulator . . . . . . . . . . . . . . . . . . . . . 46 328 Powers of the Regulator . . . . . . . . . . . . . . . . . . . . . . . 47 329 Delegation by the Regulator . . . . . . . . . . . . . . . . . . . . 48 Part 3 Authorised persons Division 1 Appointment of authorised persons 330 Appointment of authorised persons . . . . . . . . . . . . . . 48 331 Accountability of authorised persons . . . . . . . . . . . . . 49 332 Suspension and ending of appointment of authorised persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Division 2 Identity cards 333 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 334 Production or display of identity card . . . . . . . . . . . . . 50 335 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . 51 Division 3 Functions of authorised persons etc. 336 Functions of authorised persons . . . . . . . . . . . . . . . . 51 337 Conditions on authorised persons' compliance powers 51 338 Authorised persons subject to Regulator's directions. 52 339 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 52 83 Amendment of s 409 (Meaning of community service obligations) 52 84 Amendment of s 424 (Establishment of board) . . . . . . . . . . . . . . 52 85 Amendment of s 427 (Role of board) . . . . . . . . . . . . . . . . . . . . . . 53 86 Omission of ch 9, pt 1 (The Minister and the Authority) . . . . . . . . 53 87 Renumbering of ch 9, pts 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . 53 Page 5

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Contents 88 Insertion of new s 481A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 481A Amounts payable by WorkCover on Minister's instruction ........................... 53 89 Amendment of s 483 (Notice of suspected threat to full funding because of direction or notification) . . . . . . . . . . . . . . . . . . . . . . . 54 90 Amendment of s 486A (Code of practice) . . . . . . . . . . . . . . . . . . 54 91 Amendment of s 488 (Membership of committee) . . . . . . . . . . . . 54 92 Amendment of s 495 (Conditions of appointment to tribunal) . . . 55 93 Amendment of s 517 (Protection from liability). . . . . . . . . . . . . . . 55 94 Replacement of ch 12, pt 1 (Authorised officers and enforcement) 55 Part 1 Authorised persons and enforcement Division 1 Power to enter Subdivision 1 General powers of entry 518 Powers of entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 519 Notification of entry. . . . . . . . . . . . . . . . . . . . . . . . . . . 56 520 Persons assisting authorised persons . . . . . . . . . . . . 57 Subdivision 2 Search warrants 521 Search warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 522 Electronic application . . . . . . . . . . . . . . . . . . . . . . . . . 58 523 Entry procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 524 Copy of search warrant to be given to person with management or control of place. . . . . . . . . . . . . . . . . 61 Subdivision 3 Limitation on entry powers 525 Places used for residential purposes . . . . . . . . . . . . . 62 Division 2 Specific powers after entry Subdivision 1 General 526 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 527 Power to require reasonable help. . . . . . . . . . . . . . . . 64 528 Offence to contravene help requirement . . . . . . . . . . 64 Subdivision 2 Seizure 529 Power to seize evidence etc. . . . . . . . . . . . . . . . . . . . 65 530 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . 66 531 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . 66 532 Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . 66 Division 3 Other powers of authorised person etc. 532A Power to require name and address . . . . . . . . . . . . . 67 532B Offence to contravene personal details requirement . 68 Page 6

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Contents 532C Power to require information or documents from particular persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 532D Keeping and inspection of particular documents . . . . 70 Division 4 Damage and compensation 532E Duty to avoid inconvenience and minimise damage. . 71 532F Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 532G Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Division 5 Offences in relation to authorised persons 532H Offence to hinder or obstruct authorised person . . . . 74 532I Impersonating an authorised person . . . . . . . . . . . . . 74 532J Giving authorised person false or misleading information 74 Division 6 Recovery of costs 532K Costs of investigation . . . . . . . . . . . . . . . . . . . . . . . . . 75 95 Amendment of s 533 (Offences involving fraud). . . . . . . . . . . . . . 75 96 Amendment of s 536 (Duty to report fraud or false or misleading information or documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 97 Amendment of s 537 (Fraud and related offences end entitlement to compensation and damages) . . . . . . . . . . . . . . . . . . . . . . . . . . 76 98 Insertion of new ch 14, pt 1, div 1 and ch 14, pt 1, div 2 hdg . . . . 77 Division 1 Information and documents about pre-existing injuries and medical conditions of prospective worker 571A Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 571B Obligation to disclose pre-existing injury or medical condition .............................. 78 571C False or misleading disclosure . . . . . . . . . . . . . . . . . . 78 571D Prospective employer entitled to obtain particular documents .......................... 79 Division 2 Other documents and information 99 Amendment of s 572 (Claimant or worker entitled to obtain certain documents). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 100 Amendment of s 573 (Permissible disclosure of information) . . . 80 101 Amendment of s 574 (Information from commissioner of police service) ........................................ 81 102 Amendment of s 579 (Summary proceedings for offences other than against ch 8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 103 Amendment of s 580 (Recovery of debts under this Act) . . . . . . . 82 104 Amendment of s 583 (Evidence) . . . . . . . . . . . . . . . . . . . . . . . . . 83 105 Amendment of s 586 (Approval of forms). . . . . . . . . . . . . . . . . . . 83 Page 7

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Contents 106 Insertion of new ss 586A and 586B . . . . . . . . . . . . . . . . . . . . . . . 84 586A Entering into an agreement for transfer of employees to assist administration of compensation scheme . . . 84 586B Effect of transfer of employee . . . . . . . . . . . . . . . . . . . 84 107 Insertion of new ch 31, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Part 2 Amendments commencing on assent Division 1 Preliminary 679 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Division 2 Existing injuries 680 Injuries sustained before commencement . . . . . . . . . 87 Division 3 Abolition of former Authority and transfer of assets etc. 681 Abolition of former Authority etc. . . . . . . . . . . . . . . . . 88 682 Employees of former Authority to be employed by department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 683 Continuation of former board until 30 June 2014 for particular purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . 90 684 State is legal successor . . . . . . . . . . . . . . . . . . . . . . . 92 685 Assets and liabilities etc. of former Authority . . . . . . . 92 686 Proceeding not yet started against former entity . . . . 92 687 Proceeding to which former entity was a party. . . . . . 93 688 Records of former entity . . . . . . . . . . . . . . . . . . . . . . . 93 689 References to former entity . . . . . . . . . . . . . . . . . . . . 93 690 Offences relating to former entity . . . . . . . . . . . . . . . . 94 691 Existing applications and requests made to former entity 95 692 Table of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 693 Cost of hospitalisation . . . . . . . . . . . . . . . . . . . . . . . . 96 694 Directions of Minister . . . . . . . . . . . . . . . . . . . . . . . . . 96 695 Monitoring and assessment of former Authority. . . . . 97 696 Other things done or started by the former entity. . . . 97 697 Other things required to be done by or in relation to the former entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 698 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . 98 Division 4 Other provisions 699 Insurer's responsibility for worker's rehabilitation . . . . 99 700 Disclosing pre-existing injury . . . . . . . . . . . . . . . . . . . 99 701 Authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Page 8

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Contents 702 Requirement of authorised person under previous s 519 100 703 Requirement of authorised person under previous s 520 100 704 Existing warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 705 Dealing with seized property . . . . . . . . . . . . . . . . . . . 101 706 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 101 707 Transitional regulation-making power . . . . . . . . . . . . . 101 108 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 102 Part 2 Amendment of Workers' Compensation and Rehabilitation Regulation 2003 109 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 110 Omission of s 4 (Authority's trading name--Act, s 328) . . . . . . . . 105 111 Amendment of s 21 (Additional amount for late payment of levy--Act, s 82) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 112 Amendment of s 88 (Examination of claimant or worker--Act, ss 135 and 510) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 113 Amendment of sch 13 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 105 Part 3 Minor and consequential amendments 106 114 Legislation amended in schedule 2 . . . . . . . . . . . . . . . . . . . . . . . 106 Chapter 4 Other amendments Part 1 Amendment of Civil Liability Act 2003 115 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 116 Amendment of s 75 (Indexation of particular amounts) . . . . . . . . 106 117 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 106 Part 2 Amendment of Motor Accident Insurance Act 1994 118 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 119 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 107 120 Amendment of s 100A (Indexation of particular amounts) . . . . . . 108 Part 3 Amendment of Personal Injuries Proceedings Act 2002 121 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 122 Amendment of s 75A (Indexation of particular amounts) . . . . . . . 108 Schedule 1 Minor and consequential amendments relating to chapter 2 109 Workers' Compensation and Rehabilitation Act 2003 . . . . . . . . . 109 Workers' Compensation and Rehabilitation Regulation 2003 . . . 111 Schedule 2 Minor and consequential amendments relating to chapter 3 112 Industrial Relations Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Integrity Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Public Service Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Page 9

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Contents Right to Information Act 2009. . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Workers' Compensation and Rehabilitation Act 2003 . . . . . . . . . 113 Workers' Compensation and Rehabilitation Regulation 2003 . . . 116 Work Health and Safety Act 2011 . . . . . . . . . . . . . . . . . . . . . . . . 118 Page 10

2013 A Bill for An Act to amend the Civil Liability Act 2003, the Motor Accident Insurance Act 1994, the Personal Injuries Proceedings Act 2002, the Workers' Compensation and Rehabilitation Act 2003 and the Workers' Compensation and Rehabilitation Regulation 2003 for particular purposes and to make minor or consequential amendments of legislation as stated in schedules 1 and 2

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Chapter 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Workers' Compensation and 4 Rehabilitation and Other Legislation Amendment Act 2013. 5 Clause 2 Commencement 6 Chapter 2 and schedule 1 are taken to have commenced on the 7 day the Bill for this Act was introduced into the Legislative 8 Assembly. 9 Chapter 2 Amendments relating to 10 workers' compensation and 11 rehabilitation commencing 12 on introduction 13 Part 1 Amendment of Workers' 14 Compensation and 15 Rehabilitation Act 2003 16 Clause 3 Act amended 17 This part amends the Workers' Compensation and 18 Rehabilitation Act 2003. 19 Page 12

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 2 Amendments relating to workers' compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 4] Note-- 1 See also the amendments in chapter 3, part 1 and schedules 1 and 2. 2 Clause 4 Omission of s 39 (Meaning of work related impairment) 3 Section 39-- 4 omit. 5 Clause 5 Omission of ch 3, pt 3, div 4 (Workers with prescribed 6 disfigurement) 7 Chapter 3, part 3, division 4-- 8 omit. 9 Clause 6 Renumbering of ch 3, pt 3, div 5 (Workers with latent 10 onset injuries that are terminal conditions) 11 Chapter 3, part 3, division 5-- 12 renumber as chapter 3, part 3, division 4. 13 Clause 7 Amendment of s 128A (Application of div 5) 14 Section 128A, heading, `div 5'-- 15 omit, insert-- 16 div 4 17 Clause 8 Amendment of s 130 (Injuries caused by misconduct) 18 (1) Section 130(1)(b), (2) and (3), `WRI'-- 19 omit, insert-- 20 DPI 21 (2) Section 130(3)(a) and (b), after `degree of'-- 22 insert-- 23 permanent 24 Page 13

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 2 Amendments relating to workers' compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 9] Clause 9 Insertion of new s 132A 1 After section 132-- 2 insert-- 3 132A Applying for assessment of DPI before 4 applying for compensation 5 (1) This section applies to a worker who has not 6 made an application under section 132. 7 (2) The worker may apply to the insurer to have the 8 worker's injury assessed under section 179 to 9 decide if the worker's injury has resulted in a 10 DPI. 11 (3) An application under subsection (1) must be-- 12 (a) lodged with the insurer; and 13 (b) in the approved form; and 14 (c) accompanied by-- 15 (i) a certificate in the approved form given 16 by a doctor who attended the worker; 17 and 18 (ii) any other evidence or particulars 19 prescribed under a regulation. 20 (4) A registered dentist may issue the certificate 21 mentioned in subsection (3)(c)(i) for an oral 22 injury. 23 (5) If the worker can not complete an application 24 because of a physical or mental incapacity, 25 someone else may complete it on the worker's 26 behalf. 27 Clause 10 Amendment of s 160 (Total incapacity--reference about 28 impairment to medical assessment tribunal) 29 (1) Section 160(1)(a) and (b), `WRI'-- 30 omit, insert-- 31 Page 14

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 2 Amendments relating to workers' compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 11] DPI 1 (2) Section 160(2) and (4), after `degree of'-- 2 insert-- 3 permanent 4 (3) Section 160(3), after `question of'-- 5 insert-- 6 the degree of permanent 7 Clause 11 Amendment of ch 3, pt 10, div 2 hdg (Assessment of 8 permanent impairment under table of injuries) 9 Chapter 3, part 10, division 2, heading, `under table of injuries'-- 10 omit. 11 Clause 12 Amendment of s 179 (Assessment of permanent 12 impairment) 13 (1) Section 179(1), after `worker'-- 14 insert-- 15 who has made an application under section 132 16 (2) Section 179(3)-- 17 omit, insert-- 18 (3) The degree of permanent impairment must be 19 assessed in accordance with the GEPI to decide 20 the DPI for the injury, and a report complying 21 with the GEPI must be given to the insurer. 22 (3) Section 179-- 23 insert-- 24 (4) If the worker sustains permanent impairment 25 from multiple injuries sustained in 1 event-- 26 Page 15

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 2 Amendments relating to workers' compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 13] (a) the degree of permanent impairment for the 1 injuries, other than a psychiatric or 2 psychological injury, must be assessed 3 together to decide the DPI for the injuries; 4 and 5 (b) the degree of permanent impairment for the 6 psychiatric or psychological injury must be 7 assessed separately to decide the DPI for the 8 injury. 9 Clause 13 Amendment of s 180 (Calculation of lump sum 10 compensation) 11 Section 180(1)-- 12 omit, insert-- 13 (1) If, as a result of an assessment under section 179, 14 a worker is entitled to lump sum compensation, 15 the amount of the lump sum compensation must 16 be calculated under a regulation having regard to 17 the DPI. 18 Clause 14 Replacement of s 183 (Calculation of WRI) 19 Section 183-- 20 omit, insert-- 21 183 Guidelines for assessing a worker's degree of 22 permanent impairment and deciding DPI 23 (1) The Authority must make guidelines for 24 assessing a worker's degree of permanent 25 impairment for an injury to decide the DPI for the 26 injury. 27 (2) The guidelines are to be called the Guidelines for 28 Evaluation of Permanent Impairment. 29 (3) The Authority must publish the guidelines in the 30 gazette. 31 Page 16

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 2 Amendments relating to workers' compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 15] (4) The guidelines take effect-- 1 (a) when published in the gazette; or 2 (b) if a later date is specified in the gazette--on 3 the later date. 4 (5) The Authority must consult with the Minister 5 before making or amending the guidelines. 6 Clause 15 Amendment of s 185 (Insurer to give notice of 7 assessment of permanent impairment) 8 (1) Section 185(2)-- 9 omit, insert-- 10 (2) To remove any doubt, it is declared that if a 11 worker sustains multiple injuries in an event, the 12 insurer must give the notice only after the 13 worker's DPI for all injuries has been decided. 14 (2) Section 185(3)(b)(i), `degree of permanent impairment 15 attributable to'-- 16 omit, insert-- 17 DPI for 18 (3) Section 185(3)(b)(ii)-- 19 omit. 20 (4) Section 185(3)(b)(iii)-- 21 renumber as section 185(3)(b)(ii). 22 (5) Section 185(3)(c) and (d), `WRI'-- 23 omit, insert-- 24 DPI 25 (6) Section 185(4)-- 26 omit. 27 Page 17

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 2 Amendments relating to workers' compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 16] Clause 16 Amendment of s 189 (Worker's decision about lump sum 1 compensation--WRI less that 20% or no WRI) 2 (1) Section 189, heading, `WRI'-- 3 omit, insert-- 4 DPI 5 (2) Section 189(1)(a)(i) and (b), `WRI'-- 6 omit, insert-- 7 DPI 8 Clause 17 Amendment of s 237 (General limitation on persons 9 entitled to seek damages) 10 (1) Section 237(1)-- 11 omit, insert-- 12 (1) The following are the only persons entitled to 13 seek damages for an injury sustained by a 14 worker-- 15 (a) the worker, if the worker-- 16 (i) has received a notice of assessment 17 from the insurer for the injury and the 18 DPI for the assessed injury is more 19 than 5%; or 20 (ii) has a terminal condition; 21 (b) a dependant of the deceased worker, if the 22 injury results in the worker's death. 23 (2) Section 237(3), `under subsection (1)(a)(ii)'-- 24 omit. 25 Clause 18 Amendment of s 238 (Worker with terminal condition) 26 (1) Section 238(2)(a) to (c)-- 27 renumber as section 238(2)(c) to (e). 28 Page 18

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 2 Amendments relating to workers' compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 19] (2) Section 238(2)-- 1 insert-- 2 (a) section 239; 3 (b) part 2, division 4; 4 (3) Section 238(3)-- 5 omit. 6 (4) Section 238(4), `or (3)'-- 7 omit. 8 (5) Section 238(4)-- 9 renumber as section 238(3). 10 Clause 19 Amendment of s 239 (Worker who is required to make 11 election to seek damages) 12 Section 239(1)-- 13 omit, insert-- 14 (1) This section applies if a worker's notice of 15 assessment states that the worker's DPI is less 16 than 20%. 17 Clause 20 Amendment of s 240 (Consequences, to costs, of seeking 18 damages) 19 (1) Section 240(1), from `worker' to `more'-- 20 omit, insert-- 21 worker who does not have a terminal condition and the 22 claimant's notice of assessment states that the 23 claimant's DPI is 20% or more 24 (2) Section 240(2) and (3)-- 25 omit, insert-- 26 Page 19

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 2 Amendments relating to workers' compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 21] (2) If the claimant is a worker who does not have a 1 terminal condition and the claimant's notice of 2 assessment states that the claimant's DPI is less 3 than 20%, part 12, division 2 applies in relation 4 to costs in the claimant's proceeding for 5 damages. 6 (3) If the claimant is a worker who has a terminal 7 condition, part 12, division 1 applies in relation 8 to costs in the claimant's proceeding for 9 damages. 10 Clause 21 Replacement of ch 5, pt 2, divs 3-7 11 Chapter 5, part 2, divisions 3 to 7-- 12 omit, insert-- 13 Division 3 Urgent proceedings 14 241 Application of div 3 15 This division applies to a claimant who is a person 16 mentioned in section 237(1). 17 242 Need for urgent proceedings 18 (1) This section applies in relation to an urgent need 19 for the claimant to start a proceeding for 20 damages. 21 (2) Section 276 provides a way for the claimant to 22 satisfy section 302(2). 23 (3) Also, the claimant may, under section 298, seek 24 leave to start a proceeding for damages for an 25 injury without complying with section 275. 26 (4) However, if the leave mentioned in subsection (3) 27 is given, a proceeding started by leave is stayed 28 until the claimant complies with section 275. 29 Page 20

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 2 Amendments relating to workers' compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 22] Clause 22 Replacement of ch 5, pt 2, div 8 hdg (Review of worker's 1 decision to accept payment of lump sum compensation 2 for injury--WRI less than 20% or no WRI) 3 Chapter 5, part 2, division 8, heading-- 4 omit, insert-- 5 Division 4 Review of worker's 6 decision to accept 7 payment of lump sum 8 compensation for 9 injury--DPI of less 10 than 20% 11 Clause 23 Amendment of s 265 (Application of div 8) 12 (1) Section 265, heading `div 8'-- 13 omit, insert-- 14 div 4 15 (2) Section 265(b)-- 16 omit, insert-- 17 (b) the worker has been assessed under chapter 18 3, part 10 as having sustained a DPI of less 19 than 20%. 20 Clause 24 Amendment of s 266 (Decision not to seek damages 21 reviewable in certain circumstances) 22 (1) Section 266(1)(b), from `of limitation' to `1974'-- 23 omit, insert-- 24 mentioned in section 302(1) 25 (2) Section 266(2)(a), `degree of permanent impairment was 26 assessed'-- 27 omit, insert-- 28 Page 21

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 2 Amendments relating to workers' compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 25] DPI was decided 1 (3) Section 266(2)(c)(i), `permanent impairment was previously 2 assessed'-- 3 omit, insert-- 4 DPI was previously decided 5 (4) Section 266(2)(c)(ii), `would have entitled the worker to an 6 additional WRI'-- 7 omit, insert-- 8 has resulted in an additional DPI 9 (5) Section 266(7)(a), `is an additional WRI of 10% or more'-- 10 omit, insert-- 11 has resulted in an additional DPI of 10% or more 12 (6) Section 266(7)(d)-- 13 omit, insert-- 14 (d) the additional DPI, when added to the 15 worker's previous DPI, results in a DPI of 16 the worker of 20% or more. 17 Clause 25 Amendment of s 275 (Notice of claim for damages) 18 (1) Section 275(1), from `of limitation' to `1974'-- 19 omit, insert-- 20 mentioned in section 302(1) 21 (2) Section 275(8)-- 22 insert-- 23 (d) for a claimant other than a worker with a 24 terminal condition or a dependant--the 25 notice of assessment for the injury sustained 26 by the worker. 27 Page 22

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 2 Amendments relating to workers' compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 26] Clause 26 Amendment of s 296 (Claimant to have given complying 1 notice of claim or insurer to have waived compliance) 2 Section 296(a), `terminal condition'-- 3 omit, insert-- 4 claimant with a terminal condition or to whom section 5 302(1)(b) or (c) applies 6 Clause 27 Replacement of s 299 (Other provision for urgent 7 proceedings) 8 Section 299-- 9 omit, insert-- 10 299 Other provision for urgent proceedings 11 Part 2, division 3 provides for the urgent starting of 12 proceedings by persons mentioned in section 237(1), 13 and for the staying of those proceedings. 14 Clause 28 Amendment of s 302 (Alteration of period of limitation) 15 (1) Section 302(1) and (2)-- 16 renumber as section 302(2) and (3). 17 (2) Section 302-- 18 insert-- 19 (1) A claimant may bring a proceeding for damages 20 for a personal injury-- 21 (a) generally--within the period of limitation 22 allowed for bringing a proceeding for 23 damages for personal injury under the 24 Limitations of Actions Act 1974; or 25 (b) if the insurer gave the worker the notice of 26 assessment for the injury less than 6 months 27 before the end of the period mentioned in 28 paragraph (a)-- 29 Page 23

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 2 Amendments relating to workers' compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 28] (i) within 6 months after the insurer gives 1 the notice of assessment; or 2 (ii) if, before the end of the period 3 mentioned in subparagraph (i), the 4 worker advises the insurer that the 5 worker does not agree with the DPI 6 stated in the notice of 7 assessment--within 6 months after a 8 tribunal decides the DPI; or 9 (c) if at least 6 months before the end of the 10 period mentioned in paragraph (a), the 11 worker asks the insurer to have the worker's 12 injury assessed to decide if the injury has 13 resulted in a DPI and the insurer has not 14 given a notice of assessment for the injury 15 before the end of that period-- 16 (i) within 6 months after the insurer gives 17 the notice of assessment; or 18 (ii) if, before the end of the period 19 mentioned in subparagraph (i), the 20 worker advises the insurer that the 21 worker does not agree with the DPI 22 stated in the notice of 23 assessment--within 6 months after a 24 tribunal decides the DPI. 25 (3) Section 302(2), as renumbered, from `of limitation allowed' 26 to `1974'-- 27 omit, insert-- 28 mentioned in subsection (1) 29 (4) Section 302(2)(a), as renumbered, `the period of limitation'-- 30 omit, insert-- 31 that period 32 Page 24

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 2 Amendments relating to workers' compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 29] Clause 29 Amendment of ch 5, pt 12, div 1 hdg (Costs applying to 1 worker with WRI of 20% or more, worker with latent onset 2 injury that is a terminal condition, or dependant) 3 Chapter 5, part 12, division 1, heading, `WRI of 20% or more, 4 worker with latent onset injury that is a'-- 5 omit, insert-- 6 DPI of 20% or more, worker with terminal 7 condition 8 Clause 30 Amendment of s 310 (Application of div 1) 9 Section 310(a) and (b)-- 10 omit, insert-- 11 (a) a worker who does not have a terminal 12 condition, if the worker's DPI is 20% or 13 more; or 14 (b) a worker who has a terminal condition; or 15 Clause 31 Replacement of ch 5, pt 12, div 2 hdg and s 315 16 Chapter 5, part 12, division 2, heading and section 315-- 17 omit, insert-- 18 Division 2 Costs applying to worker 19 who does not have a 20 terminal condition and has 21 DPI of less than 20% 22 315 Application of div 2 23 This division applies if the claimant is a worker who 24 does not have a terminal condition and has a DPI of 25 less than 20%. 26 Page 25

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 2 Amendments relating to workers' compensation and rehabilitation commencing on introduction Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 41] (2) The pre-amended Act continues to apply in 1 relation to the injury as if the amendment Act had 2 not been enacted. 3 (3) Without limiting subsection (2)-- 4 (a) the amount of compensation payable in 5 relation to the injury must be worked out 6 under the pre-amended Act; and 7 (b) chapter 5 of the pre-amended Act applies in 8 relation to damages for the injury. 9 (4) In this section-- 10 amendment Act means the Workers' 11 Compensation and Rehabilitation and Other 12 Legislation Amendment Act 2013. 13 commencement means the commencement of 14 this section. 15 pre-amended Act means this Act as in force 16 before the commencement. 17 Clause 41 Amendment of sch 6 (Dictionary) 18 (1) Schedule 6, definitions prescribed disfigurement, table of 19 injuries, work related impairment and WRI-- 20 omit. 21 (2) Schedule 6-- 22 insert-- 23 DPI, for an injury of a worker, means an 24 estimate, expressed as a percentage, of the degree 25 of the worker's permanent impairment assessed 26 and decided in accordance with the GEPI. 27 GEPI means the Guidelines for the Evaluation of 28 Permanent Impairment made under section 183. 29 Page 29

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 2 Amendments relating to workers' compensation and rehabilitation commencing on introduction Part 2 Amendment of Workers' Compensation and Rehabilitation Regulation 2003 [s 42] (3) Schedule 6, definition notice of assessment, `WorkCover'-- 1 omit, insert-- 2 an insurer 3 Part 2 Amendment of Workers' 4 Compensation and 5 Rehabilitation Regulation 2003 6 Clause 42 Regulation amended 7 This part amends the Workers' Compensation and Rehabilitation 8 Regulation 2003. 9 Note-- 10 See also the amendments in chapter 3, part 2 and schedules 1 and 2. 11 Clause 43 Insertion of new s 85A 12 After section 85-- 13 insert-- 14 85A Application for compensation for assessment 15 of DPI--Act, s 132A 16 For section 132A(3)(c)(ii) of the Act, a worker must 17 give the insurer, to the extent the insurer reasonably 18 requires-- 19 (a) proof of injury and its cause; and 20 (b) proof of the nature, extent and duration of 21 incapacity resulting from the injury. 22 Page 30

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 2 Amendments relating to workers' compensation and rehabilitation commencing on introduction Part 2 Amendment of Workers' Compensation and Rehabilitation Regulation 2003 [s 44] Clause 44 Amendment of s 86 (Certificate given by dentist, doctor 1 or nurse practitioner) 2 Section 86(1), after `132(3)(a)'-- 3 insert-- 4 or 132A(3)(c)(i) 5 Clause 45 Replacement of ss 92-95 6 Sections 92 to 95-- 7 omit, insert-- 8 92 Calculating lump sum compensation--Act, s 9 180 10 The amount of lump sum compensation for a worker's 11 DPI is calculated by multiplying the maximum 12 statutory compensation by the worker's DPI. 13 Example-- 14 A worker's DPI is assessed as 10%. The maximum statutory 15 compensation is $296,165. The lump sum compensation is 16 $29,616.50. 17 Clause 46 Omission of s 99A (Criteria for rehabilitation and return to 18 work coordinator--Act, s 41(a)) 19 Section 99A-- 20 omit. 21 Clause 47 Amendment of s 99C (Employer's obligation to appoint 22 rehabilitation and return to work coordinator--Act, s 23 226(1)) 24 Section 99C(1) to (5)-- 25 omit, insert-- 26 (1) An employer meets the criteria for being required 27 to appoint a rehabilitation and return to work 28 coordinator if-- 29 Page 31

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 2 Amendments relating to workers' compensation and rehabilitation commencing on introduction Part 2 Amendment of Workers' Compensation and Rehabilitation Regulation 2003 [s 48] (a) for an employer who employs workers at a 1 workplace in a high risk industry--the 2 wages of the employer in Queensland for 3 the preceding financial year were more than 4 2600 times QOTE; or 5 (b) otherwise--the wages of the employer in 6 Queensland for the preceding financial year 7 were more than 5200 times QOTE. 8 (2) An employer may appoint 1 rehabilitation and 9 return to work coordinator for more than 1 10 workplace if the person can reasonably perform 11 the person's functions as a rehabilitation and 12 return to work coordinator for each workplace. 13 Clause 48 Omission of pt 6, div 2 (Workplace rehabilitation policy 14 and procedures) 15 Part 6, division 2-- 16 omit. 17 Clause 49 Renumbering of pt 6, div 1A (Rehabilitation and return to 18 work coordinators) 19 Part 6, division 1A-- 20 renumber as part 6, division 2. 21 Clause 50 Amendment of s 114 (Who this division applies to) 22 (1) Section 114(a), `WRI'-- 23 omit, insert-- 24 DPI 25 (2) Section 114(b)-- 26 omit, insert-- 27 Page 32

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 2 Amendments relating to workers' compensation and rehabilitation commencing on introduction Part 2 Amendment of Workers' Compensation and Rehabilitation Regulation 2003 [s 51] (b) a worker who has a terminal condition; or 1 (c) a dependant. 2 Clause 51 Omission of sch 2 (Table of injuries) 3 Schedule 2-- 4 omit. 5 Clause 52 Amendment of sch 3 (Graduated scale of additional 6 compensation for certain workers) 7 (1) Schedule 3, section 1(1), `WRI'-- 8 omit, insert-- 9 DPI 10 (2) Schedule 3, section 2(1) and (2)-- 11 omit, insert-- 12 A worker who sustains a DPI shown in column 1 is 13 entitled to additional lump sum compensation in the 14 amount shown for the corresponding entry in column 15 2. 16 (3) Schedule 3, section 2, table, column 1, heading, `WRI'-- 17 omit, insert-- 18 DPI 19 Clause 53 Amendment of sch 4 (Graduated scale for additional 20 compensation for gratuitous care) 21 (1) Schedule 4, section 2(1), from `WRI' to `Act'-- 22 omit, insert-- 23 DPI 24 Page 33

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 2 Amendments relating to workers' compensation and rehabilitation commencing on introduction Part 2 Amendment of Workers' Compensation and Rehabilitation Regulation 2003 [s 54] (2) Schedule 4, section 2, table, column 1, heading `WRI'-- 1 omit, insert-- 2 DPI 3 Clause 54 Amendment of sch 8 (Matters to which court is to have 4 regard in the application of schedule 9) 5 (1) Schedule 8, section 10-- 6 omit, insert-- 7 10 DPI 8 The extent of DPI is an important consideration, but 9 not the only consideration affecting the assessment of 10 an ISV. 11 (2) Schedule 8, section 11, heading, `whole person impairment 12 percentage'-- 13 omit, insert-- 14 DPI 15 (3) Schedule 8, section 11, `whole person impairment percentage, 16 it must state how the percentage is calculated'-- 17 omit, insert-- 18 DPI, it must state how the DPI is decided 19 (4) Schedule 8, section 11(c), `percentage'-- 20 omit, insert-- 21 DPI 22 (5) Schedule 8, section 12(2)-- 23 omit, insert-- 24 (2) In assessing an ISV, a court must give greater 25 weight to a medical assessment of a DPI based on 26 the criteria for the assessment of DPI provided 27 under AMA 5 than to a medical assessment of a 28 DPI not based on the criteria. 29 Page 34

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 58] Clause 58 Replacement of s 6 (Administration) 1 Section 6-- 2 omit, insert-- 3 6 Administration 4 This Act provides for the efficient administration of 5 the scheme and of this Act through the establishment 6 of the office of the Workers' Compensation Regulator 7 and WorkCover. 8 Clause 59 Amendment of s 32 (Meaning of injury) 9 (1) Section 32(1)-- 10 omit, insert-- 11 (1) An injury is personal injury arising out of, or in 12 the course of, employment if-- 13 (a) for an injury other than a psychiatric or 14 psychological disorder--the employment is 15 a significant contributing factor to the 16 injury; or 17 (b) for a psychiatric or psychological 18 disorder--the employment is the major 19 significant contributing factor to the injury. 20 (2) Section 32(2), `significant'-- 21 omit. 22 (3) Section 32(3)(b)-- 23 omit, insert-- 24 (b) an aggravation of the following, if the 25 aggravation arises out of, or in the course of, 26 employment and the employment is a 27 significant contributing factor to the 28 aggravation-- 29 Page 36

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 72] (4) In fixing a cost of hospitalisation to be published 1 under subsection (3), WorkCover must consult 2 with self-insurers. 3 Clause 72 Replacement of s 220 (Insurer's responsibility for 4 worker's rehabilitation) 5 Section 220-- 6 omit, insert-- 7 220 Insurer's responsibility for worker's 8 rehabilitation 9 (1) An insurer must take the steps it considers 10 practicable to secure the rehabilitation and early 11 return to suitable duties of workers who have an 12 entitlement to compensation. 13 (2) Without limiting subsection (1), an insurer must 14 refer a worker who has lodged a notice of claim 15 to an accredited return to work program of the 16 insurer, unless the insurer is satisfied that, as a 17 result of the injury, the worker will not be able to 18 participate in the program. 19 (3) An insurer must take the steps it considers 20 practicable to coordinate the development and 21 maintenance of a rehabilitation and return to 22 work plan in consultation with the injured 23 worker, the worker's employer and treating 24 registered persons. 25 (4) In this section-- 26 accredited return to work program, of an 27 insurer, means a return to work program 28 managed by the insurer that is accredited by the 29 Regulator. 30 Examples of return to work programs-- 31 vocational assessments, reskilling or retraining, job 32 placement, host employment 33 Page 41

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 80] (a) the part of the services that are gratuitous 1 services; or 2 (b) services of substantially the same type as the 3 gratuitous services that are to be provided to 4 the worker in the future as either gratuitous 5 services or paid services. 6 (3) However, this section does not apply if the court 7 is satisfied that the services mentioned in 8 subsection (2)(a)-- 9 (a) were usually provided to the worker as paid 10 services; and 11 (b) were provided as gratuitous services only in 12 exceptional circumstances. 13 Example of exceptional circumstances for paragraph 14 (b)-- 15 During a 2-year period, paid services were 16 provided to the worker on a weekly basis. 17 However, the provider of the services was on 18 holidays, or otherwise unable to provide the 19 services, on 2 occasions. On those 2 occasions the 20 services were provided as gratuitous services. 21 Clause 80 Replacement of s 306H (Services not required by or 22 provided to worker before injury) 23 Section 306H-- 24 omit, insert-- 25 306H Services not required by or provided to 26 worker before injury 27 (1) This section applies if-- 28 (a) before the worker sustained the injury, the 29 worker usually did not require or was not 30 usually provided with particular services; 31 and 32 Page 44

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 81] (b) after the worker sustains the injury, the 1 worker is provided with services (the 2 provided services); and 3 (c) all or part of the provided services are 4 gratuitous services. 5 (2) A court can not award damages for the cost or 6 value of-- 7 (a) the part of the provided services that are 8 gratuitous services; or 9 (b) services of substantially the same type as the 10 gratuitous services that are to be provided to 11 the worker in the future as either gratuitous 12 services or paid services. 13 (3) However, this section does not apply if the court 14 is satisfied that the services mentioned in 15 subsection (2)(a) were provided as gratuitous 16 services only in exceptional circumstances. 17 Example of exceptional circumstances for subsection (3)-- 18 During a 2-year period after the worker sustains the 19 injury, the provided services were provided on a weekly 20 basis. However, the provider of the services was on 21 holidays, or otherwise unable to provide the services, on 22 2 occasions. On those 2 occasions the services were 23 provided as gratuitous services. 24 Clause 81 Amendment of s 306V (Indexation of particular amounts) 25 Section 306V(2) and (3), `4 quarters'-- 26 omit, insert-- 27 12 months 28 Clause 82 Replacement of ch 7 (The Authority) 29 Chapter 7-- 30 omit, insert-- 31 Page 45

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 82] (b) to monitor the compliance of insurers with 1 this Act; 2 (c) to monitor the performance of insurers 3 under this Act, including the consistent 4 application of this Act; 5 (d) to decide applications relating to 6 self-insurance; 7 (e) to approve amounts payable under an 8 industrial instrument for the purposes of 9 section 107B; 10 (f) to undertake reviews of decisions under 11 chapter 13, part 2 and manage appeals under 12 chapter 13, part 3; 13 (g) to support and oversee the efficient 14 administration of medical assessment 15 tribunals; 16 (h) to undertake workplace rehabilitation and 17 return to work accreditation activities; 18 (i) to provide rehabilitation advisory services; 19 (j) to maintain a database for scheme-wide 20 reporting; 21 (k) to promote education about the workers' 22 compensation scheme; 23 (l) to collect fees under the Act; 24 (m) to administer grants under the Act; 25 (n) to perform other functions given to the 26 Regulator under this or another Act. 27 328 Powers of the Regulator 28 (1) Subject to this Act, the Regulator has the power 29 to do all things necessary or convenient to be 30 Page 47

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 82] (a) a person appointed as an inspector under the 1 Industrial Relations Act 1999, but only for 2 the purposes of chapter 4, part 6, while that 3 person holds the appointment; 4 (b) a person appointed as an inspector under the 5 Work Health and Safety Act 2011, while that 6 person holds the appointment. 7 331 Accountability of authorised persons 8 (1) An authorised person must give written notice to 9 the Regulator of all interests, pecuniary or 10 otherwise, that the authorised person has, or 11 acquires, and that conflict or could conflict with 12 the proper performance of the authorised 13 person's functions. 14 (2) The Regulator must give a direction to an 15 authorised person not to deal, or to no longer 16 deal, with a matter if the Regulator becomes 17 aware that the authorised person has a potential 18 conflict of interest in relation to a matter and the 19 Regulator considers that the authorised person 20 should not deal, or should no longer deal, with 21 the matter. 22 Note-- 23 Failure to comply with subsection (1) or a direction 24 under subsection (2) may result in action by the 25 Regulator under section 332 or disciplinary action under 26 the Public Service Act 2008. 27 332 Suspension and ending of appointment of 28 authorised persons 29 (1) The Regulator may suspend or end the 30 appointment of a person appointed under section 31 330(1). 32 Page 49

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 82] (2) A person's appointment as an authorised person 1 ends when the person ceases to be eligible for 2 appointment as an authorised person. 3 Division 2 Identity cards 4 333 Identity cards 5 (1) The Regulator must issue an identity card to each 6 authorised person. 7 (2) The card must-- 8 (a) contain a recent photo of the authorised 9 person; and 10 (b) contain a copy of the authorised person's 11 signature; and 12 (c) identify the person as an authorised person 13 under this Act; and 14 (d) state an expiry date for the card. 15 (3) This section does not prevent the issue of a single 16 identity card to a person for this Act and other 17 purposes. 18 334 Production or display of identity card 19 (1) In exercising a power under this Act in relation to 20 a person in the person's presence, an authorised 21 person must-- 22 (a) produce the authorised person's identity 23 card for the person's inspection before 24 exercising the power; or 25 (b) have the identity card displayed so it is 26 clearly visible to the person when exercising 27 the power. 28 Page 50

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 82] (2) However, if it is not practicable to comply with 1 subsection (1), the authorised person must 2 produce the identity card for the person's 3 inspection at the first reasonable opportunity. 4 335 Return of identity card 5 If a person to whom an identity card has been issued 6 ceases to be an authorised person, the person must 7 return the identity card to the Regulator as soon as 8 practicable. 9 Maximum penalty--40 penalty units. 10 Division 3 Functions of authorised 11 persons etc. 12 336 Functions of authorised persons 13 An authorised person has the following functions 14 under this Act-- 15 (a) to provide to the Regulator information and 16 advice about compliance with this Act; 17 (b) to require compliance with this Act through 18 the issuing of notices; 19 (c) to investigate contraventions of this Act and 20 assist in the prosecution of offences against 21 this Act. 22 337 Conditions on authorised persons' 23 compliance powers 24 An authorised person's powers under this Act are 25 subject to any conditions stated in the instrument of 26 the authorised person's appointment. 27 Page 51

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 83] 338 Authorised persons subject to Regulator's 1 directions 2 (1) An authorised person is subject to the Regulator's 3 direction in the exercise of powers under this Act. 4 (2) A direction under subsection (1) may be of a 5 general nature or may relate to a stated matter or 6 stated class of matter. 7 (3) Without limiting subsection (1), the Regulator 8 must issue directions to authorised persons to 9 ensure powers are exercised under this Act in a 10 way that minimises any adverse effect on the 11 privacy, confidentiality and security of persons 12 and businesses. 13 339 Protection from liability 14 (1) An authorised person does not incur civil liability 15 for an act done, or omission made, honestly and 16 without negligence under this Act. 17 (2) If subsection (1) prevents a civil liability 18 attaching to an authorised person, the liability 19 attaches instead to the State. 20 Clause 83 Amendment of s 409 (Meaning of community service 21 obligations) 22 Section 409(2)(g), `476'-- 23 omit, insert-- 24 481 25 Clause 84 Amendment of s 424 (Establishment of board) 26 Section 424(2), `7'-- 27 omit, insert-- 28 9 29 Page 52

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 94] that is, or that the authorised person reasonably 1 suspects is, a workplace. 2 (2) An entry may be made under subsection (1) with, 3 or without, the consent of the person with 4 management or control of the workplace. 5 (3) If an authorised person enters a place under 6 subsection (1) and it is not a workplace, the 7 authorised person must leave the place 8 immediately. 9 (4) An authorised person may enter any place if the 10 entry is authorised by a search warrant. 11 519 Notification of entry 12 (1) An authorised person may enter a place under 13 section 518 without prior notice to any person. 14 (2) An authorised person must, as soon as 15 practicable after entry to a workplace or 16 suspected workplace, take all reasonable steps to 17 notify the following persons of the entry and the 18 purpose of the entry-- 19 (a) the person conducting a relevant business or 20 undertaking at the workplace; 21 (b) the person with management or control of 22 the workplace. 23 (3) However, an authorised person is not required to 24 notify any person if to do so would defeat the 25 purpose for which the place was entered or cause 26 unreasonable delay. 27 (4) In this section-- 28 relevant business or undertaking means a 29 business or undertaking in relation to which the 30 authorised person is exercising the power of 31 entry. 32 Page 56

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 94] 520 Persons assisting authorised persons 1 (1) A person (the assistant), including an interpreter, 2 may accompany an authorised person entering a 3 place under section 518 to assist the authorised 4 person if the authorised person considers the 5 assistance is necessary. 6 (2) The assistant-- 7 (a) may do the things at the place, and in the 8 way, that the authorised person reasonably 9 requires to assist the authorised person to 10 exercise the authorised person's powers 11 under this part; but 12 (b) must not do anything that the authorised 13 person does not have power to do, except as 14 permitted under a search warrant. 15 (3) Anything done lawfully by the assistant is taken 16 for all purposes to have been done by the 17 authorised person. 18 Subdivision 2 Search warrants 19 521 Search warrants 20 (1) An authorised person may apply to a magistrate 21 for a search warrant for a place. 22 (2) The application must be sworn and state the 23 grounds on which the warrant is sought. 24 (3) The magistrate may refuse to consider the 25 application until the authorised person gives the 26 magistrate all the information the magistrate 27 requires about the application in the way the 28 magistrate requires. 29 Page 57

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 94] Example-- 1 The magistrate may require additional information 2 supporting the application to be given by statutory 3 declaration. 4 (4) The magistrate may issue a search warrant only if 5 the magistrate is satisfied there are reasonable 6 grounds for suspecting-- 7 (a) there is a particular thing or activity (the 8 evidence) that may provide evidence of an 9 offence against this Act; and 10 (b) the evidence is, or may be within the next 72 11 hours, at the place. 12 (5) The search warrant must state-- 13 (a) that a stated authorised person may, with 14 necessary and reasonable help and force, 15 enter the place and exercise the authorised 16 person's powers under this part; and 17 (b) the offence for which the search warrant is 18 sought; and 19 (c) the evidence that may be seized under the 20 search warrant; and 21 (d) the hours of the day or night when the place 22 may be entered; and 23 (e) the date, within 7 days after the search 24 warrant's issue, the search warrant ends. 25 522 Electronic application 26 (1) An application under section 521 may be made 27 by phone, fax, email, radio, videoconferencing or 28 another form of electronic communication if the 29 authorised person reasonably considers it 30 necessary because of-- 31 (a) urgent circumstances; or 32 Page 58

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 94] (b) other special circumstances, including, for 1 example, the authorised person's remote 2 location. 3 (2) The application-- 4 (a) may not be made before the authorised 5 person prepares a written application under 6 section 521(2); but 7 (b) may be made before the application is 8 sworn. 9 (3) The magistrate may issue the search warrant (the 10 original warrant) only if the magistrate is 11 satisfied-- 12 (a) it was necessary to make the application 13 under this section; and 14 (b) the way the application was made was 15 appropriate. 16 (4) After the magistrate issues the original warrant-- 17 (a) if there is a reasonably practicable way of 18 immediately giving a copy of the warrant to 19 the authorised person, including, for 20 example, by sending a copy by fax or email, 21 the magistrate must immediately give a copy 22 of the warrant to the authorised person; or 23 (b) otherwise-- 24 (i) the magistrate must tell the authorised 25 person the information mentioned in 26 section 521(5); and 27 (ii) the authorised person must complete a 28 form of warrant, including by writing 29 on it the information mentioned in 30 section 521(5) provided by the 31 magistrate. 32 Page 59

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 94] (5) The copy of the original warrant mentioned in 1 subsection (4)(a), or the form of warrant 2 completed under subsection (4)(b) (in either case 3 the duplicate warrant), is a duplicate of, and as 4 effectual as, the original warrant. 5 (6) The authorised person must, at the first 6 reasonable opportunity, send to the magistrate-- 7 (a) the written application complying with 8 section 521(2); and 9 (b) if the authorised person completed a form of 10 warrant under subsection (4)(b)--the 11 completed form of warrant. 12 (7) The magistrate must keep the original warrant 13 and, on receiving the documents under 14 subsection (6)-- 15 (a) attach the documents to the original warrant; 16 and 17 (b) give the original warrant and documents to 18 the clerk of the court of the Magistrates 19 Court. 20 (8) Despite subsection (5), if-- 21 (a) an issue arises in a proceeding about 22 whether an exercise of a power was 23 authorised by a search warrant issued under 24 this section; and 25 (b) the original warrant is not produced in 26 evidence; 27 the onus of proof is on the person relying on the 28 lawfulness of the exercise of the power to prove a 29 search warrant authorised the exercise of the 30 power. 31 (9) This section does not limit section 521. 32 Page 60

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 94] 523 Entry procedure 1 (1) This section applies if an authorised person is 2 intending to enter a place under a search warrant 3 issued under this subdivision. 4 (2) Before executing a search warrant, the authorised 5 person named in the warrant or an assistant to the 6 authorised person must do or make a reasonable 7 attempt to do the following things-- 8 (a) identify himself or herself to a person who is 9 an occupier of the place and is present by 10 producing the authorised person's identity 11 card or another document evidencing the 12 authorised person's appointment; 13 (b) give the person a copy of the warrant; 14 (c) tell the person the authorised officer is 15 authorised by the warrant to enter the place; 16 (d) give any person at the place an opportunity 17 to allow the authorised person immediate 18 entry without using force. 19 (3) However, the authorised person or an assistant to 20 the authorised person is not required to comply 21 with subsection (1) if he or she reasonably 22 believes that immediate entry to the place is 23 needed to ensure-- 24 (a) the safety of any person; or 25 (b) that the effective execution of the search 26 warrant is not frustrated. 27 524 Copy of search warrant to be given to person 28 with management or control of place 29 (1) If the person who has or appears to have 30 management or control of a place is present at the 31 place when a search warrant is being executed, 32 the authorised person must-- 33 Page 61

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 94] (a) identify himself or herself to that person by 1 producing his or her identity card for 2 inspection; and 3 (b) give that person a copy of the execution 4 copy of the warrant. 5 (2) In this section-- 6 execution copy includes a duplicate warrant 7 mentioned in section 522(5). 8 Subdivision 3 Limitation on entry powers 9 525 Places used for residential purposes 10 Despite anything else in this part, the powers of an 11 authorised person under this part in relation to 12 entering a place are not exercisable in relation to any 13 part of a place that is used only for residential 14 purposes except-- 15 (a) with the consent of the person with 16 management or control of the place; or 17 (b) under the authority conferred by a search 18 warrant; or 19 (c) for the purpose only of gaining access to a 20 suspected workplace, but only-- 21 (i) if the authorised person reasonably 22 believes that no reasonable alternative 23 access is available; and 24 (ii) at a reasonable time having regard to 25 the times at which the authorised 26 person believes work is being carried 27 out at the place to which access is 28 sought. 29 Page 62

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 94] Division 2 Specific powers after entry 1 Subdivision 1 General 2 526 General powers 3 (1) An authorised person who enters a place under 4 this part may do all or any of the following-- 5 (a) search any part of the place; 6 (b) inspect, examine, take measurements of or 7 film any part of the place or anything at the 8 place; 9 (c) take for examination a thing, or a sample of 10 or from a thing, at the place; 11 (d) place an identifying mark in or on anything 12 at the place; 13 (e) take to, into or onto the place and use any 14 person, equipment and materials the 15 authorised person reasonably requires for 16 exercising the authorised person's functions 17 under this part; 18 (f) take an extract from, or copy, a document at 19 the place, or take the document to another 20 place to copy; 21 (g) produce an image or writing at the place 22 from an electronic document or, to the 23 extent it is not practicable, take a thing 24 containing an electronic document to 25 another place to produce an image or 26 writing; 27 (h) remain at the place for the time necessary to 28 achieve the purpose of the entry. 29 Page 63

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 94] (2) The authorised person may take a necessary step 1 to allow the exercise of a power under subsection 2 (1). 3 (3) If the authorised person takes a document from 4 the place to copy it, the authorised person must 5 copy the document and return it to the place as 6 soon as practicable. 7 (4) If the authorised person takes from the place an 8 article or device reasonably capable of producing 9 a document from an electronic document, the 10 authorised person must produce the document 11 and return the article or device as soon as 12 practicable. 13 (5) In this section-- 14 examine includes analyse, test, account, 15 measure, weigh, grade, gauge and identify. 16 film includes photograph, videotape and record 17 an image in another way. 18 527 Power to require reasonable help 19 (1) An authorised person who enters a place under 20 this part may make a requirement (a help 21 requirement) of an occupier of the place or a 22 person at the place to give the authorised person 23 reasonable help to exercise a power under section 24 526, including, for example, to produce a 25 document or to give information. 26 (2) When making the help requirement, the 27 authorised person must give the person an 28 offence warning for the requirement. 29 528 Offence to contravene help requirement 30 (1) A person of whom a help requirement under 31 section 527 has been made must comply with the 32 Page 64

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 94] requirement unless the person has a reasonable 1 excuse. 2 Maximum penalty--100 penalty units. 3 (2) It is a reasonable excuse for an individual not to 4 comply with a help requirement if complying 5 might tend to incriminate the individual or 6 expose the individual to a penalty. 7 (3) However, subsection (2) does not apply if a 8 document or information the subject of the help 9 requirement is required to be held or kept by the 10 person under this Act. 11 Subdivision 2 Seizure 12 529 Power to seize evidence etc. 13 (1) An authorised person who enters a place under 14 this part, other than under a search warrant, may 15 seize anything, including a document, at the 16 place if the authorised person reasonably believes 17 the thing is evidence of an offence against this 18 Act. 19 (2) An authorised person who enters a place with a 20 search warrant may seize the evidence for which 21 the warrant was issued. 22 (3) An authorised person who enters a place with a 23 search warrant may also seize anything else at the 24 place if the authorised person reasonably 25 believes-- 26 (a) the thing is evidence of an offence against 27 this Act; and 28 (b) the seizure is necessary to prevent the thing 29 being hidden, lost or destroyed or used to 30 continue or repeat the offence. 31 Page 65

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 94] 530 Receipt for seized things 1 (1) As soon as practicable after an authorised person 2 seizes a thing under this subdivision, the 3 authorised person must give a receipt for it to the 4 person from whom it was seized. 5 (2) However, if for any reason it is not practicable to 6 comply with subsection (1), the authorised 7 person must leave the receipt in a conspicuous 8 position and in a reasonably secure way at the 9 place of seizure. 10 (3) The receipt must describe generally each thing 11 seized and its condition. 12 (4) This section does not apply to a thing if it is 13 impracticable or would be unreasonable, given 14 the thing's nature, condition and value, to give 15 the receipt required by this section. 16 531 Access to seized thing 17 (1) Until a thing seized under this subdivision is 18 returned, the authorised person who seized the 19 thing must allow an owner of the thing-- 20 (a) to inspect it at any reasonable time and from 21 time to time; and 22 (b) if it is a document--to copy it. 23 (2) Subsection (1) does not apply if it is 24 impracticable or would be unreasonable to allow 25 the inspection or copying. 26 (3) The inspection or copying must be allowed free 27 of charge. 28 532 Return of seized thing 29 (1) The authorised person must return a thing seized 30 under this subdivision to an owner-- 31 Page 66

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 94] (a) generally--at the end of 6 months after the 1 seizure; or 2 (b) if a proceeding for an offence involving the 3 thing is started within the 6 months--at the 4 end of the proceeding and any appeal from 5 the proceeding. 6 (2) Despite subsection (1), if the thing was seized as 7 evidence, the authorised person must return the 8 thing seized to an owner as soon as practicable 9 after the authorised person is satisfied-- 10 (a) its continued retention as evidence is no 11 longer necessary; and 12 (b) it is lawful for the owner to possess it. 13 (3) Nothing in this section affects a lien or other 14 security over the seized thing. 15 Division 3 Other powers of 16 authorised person etc. 17 532A Power to require name and address 18 (1) This section applies if an authorised person-- 19 (a) finds a person committing an offence 20 against this Act; or 21 (b) finds a person in circumstances that lead the 22 authorised person to reasonably suspect the 23 person has just committed an offence 24 against this Act; or 25 (c) has information that leads the authorised 26 person to reasonably suspect a person has 27 just committed an offence against this Act. 28 (2) The authorised person may require the person to 29 state the person's name and residential address. 30 Page 67

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 94] (3) The authorised person may also require the 1 person to give evidence of the correctness of the 2 stated name or address if, in the circumstances, it 3 would be reasonable to expect the person to-- 4 (a) be in possession of evidence of the 5 correctness of the stated name or address; or 6 (b) otherwise be able to give the evidence. 7 (4) When making a personal details requirement, the 8 authorised person must give the person an 9 offence warning for the requirement. 10 (5) A requirement under this section is a personal 11 details requirement. 12 532B Offence to contravene personal details 13 requirement 14 (1) A person of whom a personal details requirement 15 has been made must comply with the requirement 16 unless the person has a reasonable excuse. 17 Maximum penalty--100 penalty units. 18 (2) A person may not be convicted of an offence 19 under subsection (1) unless the person is found 20 guilty of the offence in relation to which the 21 personal details requirement was made. 22 (3) In this section-- 23 person details requirement see section 532A(5). 24 532C Power to require information or documents 25 from particular persons 26 (1) This section applies if an authorised person 27 reasonably believes that a person has 28 information, or documents providing 29 information, relevant to any of the following 30 matters-- 31 Page 68

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 94] (a) any person's liability to insure as an 1 employer, including liability for premiums; 2 (b) any person's entitlement to compensation; 3 (c) any person's entitlement to claim damages; 4 (d) any offence the authorised person 5 reasonably believes has been committed 6 against this Act. 7 (2) The authorised person may require the person to 8 give the information or produce for inspection 9 the documents to the authorised person at a 10 reasonable time and place nominated by the 11 authorised person and allow the authorised 12 person to make a copy of the documents. 13 (3) To remove any doubt, it is declared that under 14 subsection (2), an authorised person may require 15 the information to be given, or the documents to 16 be produced immediately, at the place the 17 requirement is made, if the requirement is 18 reasonable in the circumstances. 19 (4) When making the requirement, the authorised 20 person must give the person an offence warning 21 for the requirement. 22 (5) The person must comply with the requirement, 23 unless the person has a reasonable excuse. 24 Maximum penalty--100 penalty units. 25 (6) It is a reasonable excuse for an individual not to 26 comply with a requirement under subsection (2) 27 if complying might tend to incriminate the 28 individual or expose the individual to a penalty. 29 (7) The person does not commit an offence against 30 this section if the information or documents 31 sought by the authorised person are not in fact 32 relevant to a matter mentioned in subsection (1). 33 Page 69

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 94] Division 4 Damage and 1 compensation 2 532E Duty to avoid inconvenience and minimise 3 damage 4 In exercising a power under this part, an authorised 5 person must take all reasonable steps to cause as little 6 inconvenience, and do as little damage, as possible. 7 Note-- 8 See also section 532G. 9 532F Notice of damage 10 (1) This section applies if an authorised person or an 11 assistant to an authorised person damages a thing 12 when exercising or purporting to exercise a 13 power under this part. 14 (2) However, this section does not apply to damage 15 the authorised person reasonably considers is 16 trivial or if the authorised person reasonably 17 believes-- 18 (a) there is no-one apparently in possession of 19 the thing; or 20 (b) the thing has been abandoned. 21 (3) The authorised person must give notice of the 22 damage to the person who appears to the 23 authorised person to be an owner, or person in 24 control, of the thing. 25 (4) However, if for any reason it is not practicable to 26 comply with subsection (3), the authorised 27 person must-- 28 (a) leave the notice at the place where the 29 damage happened; and 30 Page 71

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 94] (b) ensure it is left in a conspicuous position 1 and in a reasonably secure way. 2 (5) The authorised person may delay complying with 3 subsection (3) or (4) if the authorised person 4 reasonably suspects complying with the 5 subsection may frustrate or otherwise hinder an 6 investigation by the authorised person. 7 (6) The delay may be only for so long as the 8 authorised person continues to have the 9 reasonable suspicion and remains in the vicinity 10 of the place. 11 (7) If the authorised person believes the damage was 12 caused by a latent defect in the thing or other 13 circumstances beyond the control of the 14 authorised person or the assistant, the authorised 15 person may state the belief in the notice. 16 (8) The notice must state-- 17 (a) particulars of the damage; and 18 (b) that the person who suffered the damage 19 may claim compensation under section 20 532G. 21 532G Compensation 22 (1) A person may claim compensation if the person 23 incurs loss because of the exercise, or purported 24 exercise, of a power by or for an authorised 25 person including a loss arising from compliance 26 with a requirement made of the person under this 27 part. 28 (2) The compensation may be claimed from-- 29 (a) for the exercise, or purported exercise, of a 30 power by or for an authorised person of the 31 Regulator--the State; or 32 Page 72

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 94] (b) for the exercise, or purported exercise, of a 1 power by or for an authorised person of 2 WorkCover--WorkCover. 3 (3) The compensation may be claimed and ordered 4 in a proceeding-- 5 (a) brought in a court with jurisdiction for the 6 recovery of the amount of compensation 7 claimed; or 8 (b) for an alleged offence against this Act the 9 investigation of which gave rise to the claim 10 for compensation. 11 (4) A court may order the payment of compensation 12 only if it is satisfied it is just to make the order in 13 the circumstances of the particular case. 14 (5) In considering whether it is just to order 15 compensation, the court must have regard to any 16 relevant offence committed by the claimant. 17 (6) A regulation may prescribe other matters that 18 may, or must, be taken into account by the court 19 when considering whether it is just to order 20 compensation. 21 (7) Section 532E does not provide for a statutory 22 right of compensation other than is provided by 23 this section. 24 (8) In this section-- 25 loss includes costs and damage. 26 Page 73

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 94] Division 5 Offences in relation to 1 authorised persons 2 532H Offence to hinder or obstruct authorised 3 person 4 (1) A person must not obstruct an authorised person 5 exercising a power, or someone helping an 6 authorised person exercising a power, unless the 7 person has a reasonable excuse. 8 Maximum penalty--100 penalty units. 9 (2) If a person has obstructed an authorised person, 10 or someone helping an authorised person, and the 11 authorised person decides to proceed with the 12 exercise of the power, the authorised person must 13 warn the person that-- 14 (a) it is an offence to cause an obstruction 15 unless the person has a reasonable excuse; 16 and 17 (b) the authorised person considers the person's 18 conduct an obstruction. 19 (3) In this section-- 20 obstruct includes assault, hinder, resist, attempt 21 to obstruct and threaten to obstruct. 22 532I Impersonating an authorised person 23 A person must not impersonate an authorised person. 24 Maximum penalty--100 penalty units. 25 532J Giving authorised person false or misleading 26 information 27 A person must not, in relation to the administration of 28 this Act, give an authorised person information, or a 29 Page 74

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 95] document containing information, that the person 1 knows is false or misleading in a material particular. 2 Maximum penalty--100 penalty units. 3 Division 6 Recovery of costs 4 532K Costs of investigation 5 (1) This section applies if a person is convicted by a 6 court of an offence against this Act. 7 (2) The court may order the person to pay to the 8 Regulator or WorkCover the reasonable costs of 9 any investigation about the offence, including 10 reasonable costs of preparing for the prosecution. 11 (3) This section does not limit the orders for costs the 12 court may make on the conviction. 13 Clause 95 Amendment of s 533 (Offences involving fraud) 14 Section 533(1), penalty-- 15 omit, insert-- 16 Maximum penalty--500 penalty units or 5 years 17 imprisonment. 18 Clause 96 Amendment of s 536 (Duty to report fraud or false or 19 misleading information or documents) 20 (1) Section 536(1) and (2), `believes on reasonable grounds'-- 21 omit, insert-- 22 reasonably believes 23 (2) Section 536(1)-- 24 insert-- 25 Page 75

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 98] Clause 98 Insertion of new ch 14, pt 1, div 1 and ch 14, pt 1, div 2 1 hdg 2 Chapter 14, part 1-- 3 insert-- 4 Division 1 Information and 5 documents about 6 pre-existing injuries and 7 medical conditions of 8 prospective worker 9 571A Definitions for div 1 10 In this division-- 11 employment process means any process for 12 considering and selecting a person for 13 employment. 14 false or misleading disclosure means any 15 disclosure that would lead a prospective 16 employer to reasonably believe that the duties the 17 subject of the employment would not aggravate 18 the prospective worker's pre-existing injury or 19 condition. 20 pre-existing injury or medical condition, for an 21 employment process, means an injury or medical 22 condition existing during the period of the 23 employment process that a person suspects or, 24 ought reasonably to suspect, would be aggravated 25 by performing the duties the subject of the 26 employment. 27 prospective employer means a person conducting 28 an employment process to select a prospective 29 worker for employment. 30 Page 77

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 98] prospective worker means a person subject to an 1 employment process for selection for 2 employment. 3 571B Obligation to disclose pre-existing injury or 4 medical condition 5 (1) If requested by a prospective employer, a 6 prospective worker must disclose to the 7 prospective employer the prospective worker's 8 pre-existing injury or medical condition, if any. 9 (2) Subsection (1) applies only if the request is made 10 in writing and includes the following 11 information-- 12 (a) the nature of the duties the subject of the 13 employment; 14 (b) that if the prospective worker makes a false 15 or misleading disclosure, under section 16 571C, the prospective worker or any other 17 claimant will not be entitled to 18 compensation or to seek damages for any 19 event that aggravates the pre-existing injury 20 or medical condition. 21 (3) However, subsection (1) does not apply if the 22 prospective worker is engaged, as a result of the 23 employment process, by the prospective 24 employer before the worker has had a reasonable 25 opportunity to comply with subsection (1). 26 571C False or misleading disclosure 27 (1) This section applies if a prospective worker-- 28 (a) has a pre-existing injury or medical 29 condition; and 30 Page 78

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 98] (b) makes a false or misleading disclosure 1 under section 571B in relation to the injury 2 or medical condition; and 3 (c) is employed under the employment process. 4 (2) The prospective worker or any other claimant is 5 not entitled to compensation or to seek damages 6 for any event that aggravates the pre-existing 7 injury or medical condition. 8 571D Prospective employer entitled to obtain 9 particular documents 10 (1) A prospective employer may apply to the 11 Regulator for a copy of a prospective worker's 12 claims history summary. 13 (2) The application must be-- 14 (a) in the approved form; and 15 (b) accompanied by the application fee; and 16 (c) endorsed with the prospective worker's 17 consent. 18 (3) If the Regulator provides a copy of a worker's 19 claims history summary to the prospective 20 employer, the prospective employer must not do 21 any of the following-- 22 (a) disclose to anyone else the contents of or 23 information contained in the summary; 24 (b) give access to the document to anyone else; 25 (c) use the contents of or information contained 26 in the summary for any purpose other than 27 for the purposes of the employment process. 28 Maximum penalty--100 penalty units. 29 (4) In this section-- 30 Page 79

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 106] Clause 106 Insertion of new ss 586A and 586B 1 After section 586-- 2 insert-- 3 586A Entering into an agreement for transfer of 4 employees to assist administration of 5 compensation scheme 6 (1) This section applies if the chief executive and 7 WorkCover's chief executive officer consider it is 8 necessary or desirable, to assist the 9 administration of the workers' compensation 10 scheme, to transfer employees-- 11 (a) from the department to WorkCover; or 12 (b) from WorkCover to the department. 13 (2) The chief executive and WorkCover's chief 14 executive officer may enter into an agreement 15 providing for the transfer (transfer agreement). 16 (3) A transfer agreement must be signed by both the 17 chief executive and WorkCover's chief executive 18 officer. 19 (4) The chief executive and WorkCover's board must 20 comply with a transfer agreement. 21 586B Effect of transfer of employee 22 (1) This section applies if a transfer agreement is 23 entered into under section 586A for the transfer 24 of an employee-- 25 (a) from the department or WorkCover (the 26 former employer); and 27 (b) to WorkCover or the department (the new 28 employer). 29 (2) From the date of transfer stated in the transfer 30 agreement, the employee-- 31 Page 84

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 106] (a) ceases to be an employee of the former 1 employer; and 2 (b) is employed by the new employer, under the 3 relevant industrial instrument applying to 4 that employer. 5 (3) Also, the following applies for the employee-- 6 (a) the employee retains and is entitled to all 7 rights, benefits and entitlements that have 8 accrued to the employee because of the 9 employee's employment before the transfer; 10 (b) the employee's accruing rights, including to 11 superannuation or recreation, sick, long 12 service or other leave, are not affected; 13 (c) continuity of service is not interrupted, 14 except that the employee is not entitled to 15 claim the benefit of a right or entitlement 16 more than once in relation to the same 17 period of service; 18 (d) the employment does not constitute a 19 termination of employment or a 20 retrenchment or redundancy; 21 (e) the employee is not entitled to a payment or 22 other benefit because he or she is no longer 23 employed by the former employer. 24 (4) Subsection (5) applies if the total remuneration to 25 which the employee was entitled for the 26 employment with the former employer is higher 27 than the total remuneration payable under the 28 relevant industrial instrument for a person 29 starting in the position with the new employer to 30 which the employee has been transferred. 31 (5) The employee's total remuneration must not be 32 increased until the employee's total remuneration 33 aligns with the total remuneration payable under 34 the relevant industrial instrument to a person who 35 Page 85

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 107] Division 3 Abolition of former 1 Authority and transfer of 2 assets etc. 3 681 Abolition of former Authority etc. 4 (1) At the commencement-- 5 (a) the former Authority and the former board 6 are abolished; and 7 (b) the members of the former board stop being 8 members of the board; and 9 (c) the appointment and employment of the 10 chief executive officer of the former 11 Authority ends. 12 (2) Subsection (1)(b) or (c) does not affect the 13 member's or chief executive officer's 14 appointment in any other office. 15 (3) This section is subject to section 683. 16 682 Employees of former Authority to be employed 17 by department 18 (1) This section applies to a person who, 19 immediately before the commencement, was 20 employed by the former Authority. 21 (2) From the commencement-- 22 (a) the person ceases to be an employee of the 23 former Authority; and 24 (b) is employed by the department under the 25 department's relevant industrial instrument. 26 (3) Also, the following applies for the person-- 27 (a) the person retains and is entitled to all 28 rights, benefits and entitlements that have 29 Page 88

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 107] accrued to the person because of the 1 person's previous employment as an 2 employee of the former Authority; 3 (b) the person's accruing rights, including to 4 superannuation or recreation, sick, long 5 service or other leave, are not affected; 6 (c) continuity of service is not interrupted, 7 except that the person is not entitled to claim 8 the benefit of a right or entitlement more 9 than once in relation to the same period of 10 service; 11 (d) the employment does not constitute a 12 termination of employment or a 13 retrenchment or redundancy; 14 (e) the person is not entitled to a payment or 15 other benefit because he or she is no longer 16 employed by the former Authority. 17 (4) If a person employed under subsection (2) was 18 employed by the former Authority under a 19 contract, the person is taken to be employed by 20 the department under the contract under which 21 the person was employed before the 22 commencement. 23 (5) Subsection (6) applies if a person mentioned in 24 subsection (2) was entitled to total remuneration 25 for the employment with the former Authority 26 that is higher than the total remuneration payable 27 under the relevant industrial instrument for a 28 person starting in the position with the 29 department to which the person has been 30 transferred. 31 (6) The person's total remuneration must not be 32 increased until the person's total remuneration 33 aligns with the total remuneration payable under 34 the relevant industrial instrument to a person who 35 Page 89

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 107] has held the position for the same amount of 1 time. 2 (7) Subject to this section, the chief executive may 3 issue a direction to a person to facilitate the 4 transition of employees from the former 5 Authority to the department. 6 (8) A person given a direction must comply with the 7 direction. 8 (9) This section has effect despite any other law or 9 instrument. 10 (10) In this section-- 11 employee, of the former Authority, does not 12 include the chief executive officer appointed 13 under the section 355 of the pre-amended Act. 14 683 Continuation of former board until 30 June 15 2014 for particular purposes 16 (1) The former board continues in existence until 30 17 June 2014 for-- 18 (a) performing a function, or exercising a power 19 delegated to the former board by the 20 Regulator; and 21 (b) approving amounts under section 107E on 22 behalf of the Regulator; and 23 (c) preparing a report under section 332, 333 or 24 334 of the pre-amended Act for operations 25 of the former Authority before 26 commencement; and 27 (d) the following-- 28 (i) keeping the Minister reasonably 29 informed of the operation of the 30 workers' compensation scheme; 31 Page 90

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 107] (ii) preparing and providing to the Minister 1 reports and information that the 2 Minister requires about the operation 3 of the workers' compensation scheme; 4 (iii) assisting the Regulator perform the 5 functions stated in section 327 in a 6 proper, effective and efficient way; 7 (iv) monitoring the performance and 8 outcomes of medical assessment 9 tribunals; 10 (v) keeping the Minister informed, on its 11 own initiative or if the Minister asks, 12 about the board's responsibilities and 13 functions under this section. 14 (2) For subsection (1)(b), the board is taken to have 15 been delegated the power mentioned in that 16 section by the Regulator. 17 (3) Anything done by the former board under a 18 delegation mentioned in subsection (1)(a) or (2) 19 is taken to have been done by the Regulator. 20 (4) The following provisions of the pre-amended Act 21 apply in relation to the board performing a 22 function, or exercising a power, mentioned in 23 subsection (1) as if the amendment Act had not 24 been enacted-- 25 (a) chapter 7, part 4, divisions 2 and 3; 26 (b) any other provision of the pre-amended Act 27 relevant to the board performing functions. 28 (5) A provision mentioned in subsection (4) 29 applies-- 30 (a) as if any reference in the provision to the 31 Authority's chief executive officer were a 32 reference to the Regulator; and 33 (b) with any other necessary changes. 34 Page 91

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 107] 684 State is legal successor 1 (1) The State is the successor in law of the Authority. 2 (2) Subsection (1) is not limited by another provision 3 of this division. 4 685 Assets and liabilities etc. of former Authority 5 At the commencement-- 6 (a) the assets and liabilities of the former 7 Authority immediately before the 8 commencement become assets and 9 liabilities of the State; and 10 (b) any agreements, undertakings or other 11 arrangements to which the former Authority 12 is a party, in force immediately before the 13 commencement-- 14 (i) are taken to have been entered into by 15 State; and 16 (ii) may be enforced against or by State. 17 686 Proceeding not yet started against former 18 entity 19 (1) This section applies if, immediately before the 20 commencement, a proceeding could have been 21 started by or against a former entity within a 22 particular period (the prescribed period). 23 (2) The proceeding may be started, within the 24 prescribed period, by or against-- 25 (a) for an appeal against a review decision of 26 the former Authority--the Regulator; or 27 (b) otherwise--the State. 28 Page 92

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 107] 687 Proceeding to which former entity was a party 1 (1) This section applies to a proceeding that, 2 immediately before the commencement, had not 3 ended and to which a former entity was a party. 4 (2) At the commencement, the following entity 5 becomes a party to the proceeding in place of the 6 former entity-- 7 (a) for an appeal against a review decision of 8 the former entity--the Regulator; 9 (b) otherwise--the State. 10 688 Records of former entity 11 The records of a former entity are, from the 12 commencement, records of-- 13 (a) if the record relates to a function of a former 14 entity under this Act that, from the 15 commencement, is a function of the 16 Regulator--the Regulator; or 17 (b) if the record relates to a function of a former 18 entity under this Act that, from the 19 commencement, is a function of 20 WorkCover--WorkCover; or 21 (c) otherwise--the State. 22 689 References to former entity 23 In an instrument, a reference to a former entity is 24 taken, if the context permits, to be a reference to-- 25 (a) if the reference relates to a function of the 26 former entity under this Act that, from the 27 commencement, is a function of the 28 Regulator--the Regulator; or 29 Page 93

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 107] (b) if the reference relates to a function of the 1 former entity under this Act that, from the 2 commencement, is a function of 3 WorkCover--WorkCover; or 4 (c) otherwise--the State. 5 690 Offences relating to former entity 6 (1) This section applies if-- 7 (a) under a provision of the pre-amended Act, a 8 person who did or omitted to do an act in 9 relation to a former entity or something 10 done or required to be done by a former 11 entity, committed an offence; and 12 (b) the provision is-- 13 (i) amended by the amendment Act so that 14 it no longer applies in relation to the 15 former entity, or something done or 16 required to be done by the former 17 entity; or 18 (ii) is repealed by the amendment Act. 19 (2) A proceeding for the offence may be continued 20 or started, and the provisions of the pre-amended 21 Act that are necessary or convenient to be used in 22 relation to the proceeding continue to apply, as if 23 the amendment Act had not been enacted. 24 (3) For subsection (2), the Acts Interpretation Act 25 1954, section 20 applies, but does not limit the 26 subsection. 27 (4) Subsection (2) applies despite the Criminal Code, 28 section 11. 29 Page 94

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 107] 691 Existing applications and requests made to 1 former entity 2 (1) This section applies to an application or request 3 to a former entity under this Act made, but not 4 decided, before the commencement. 5 (2) The application or request is taken to have been 6 made to the Regulator and must be dealt with by 7 the Regulator under this Act, including as 8 provided for in this chapter. 9 (3) For the purpose of working out any time period 10 relevant to dealing with the application or 11 request-- 12 (a) the application or request is taken to have 13 been made to the Regulator when it was 14 made to the former entity; and 15 (b) anything done by a former entity in relation 16 to the application is taken to have been done 17 by the Regulator when the former entity did 18 the thing. 19 (4) Anything done by or in relation to the former 20 entity in relation to the application or request is 21 taken to have been done by or in relation to the 22 Regulator. 23 (5) If, because of the operation of section 680, the 24 pre-amended Act applies in relation to an 25 application or request, the pre-amended Act 26 applies-- 27 (a) as if a reference to a former entity was a 28 reference to the Regulator; and 29 (b) with any other necessary changes. 30 Page 95

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 107] 692 Table of costs 1 The table of costs decided by the Authority under the 2 pre-amended Act and in effect immediately before the 3 commencement-- 4 (a) continues in effect; and 5 (b) is, from the commencement, taken to have 6 been decided by WorkCover under the 7 amended Act. 8 693 Cost of hospitalisation 9 (1) A gazette notice published by the Authority for 10 section 217 of the pre-amended Act and in effect 11 immediately before the commencement-- 12 (a) continues in effect; and 13 (b) is, from the commencement, taken to have 14 been published by WorkCover under section 15 217 of the amended Act. 16 (2) A gazette notice published by the Authority for 17 section 218A of the pre-amended Act and in 18 effect immediately before the commencement-- 19 (a) continues in effect; and 20 (b) is, from the commencement, taken to have 21 been published by WorkCover under section 22 218A of the amended Act. 23 694 Directions of Minister 24 (1) This section applies to a direction given by the 25 Minister under section 476, 477 or 479 of the 26 pre-amended Act that has not been fully 27 complied with immediately before the 28 commencement. 29 Page 96

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 107] (2) The direction ceases to have effect at the 1 commencement. 2 695 Monitoring and assessment of former 3 Authority 4 (1) This section applies to an investigation started, 5 but not finished, under section 478 of the 6 pre-amended Act before the commencement. 7 (2) The investigation, and any requirement applying 8 in relation to the investigation, ends at the 9 commencement. 10 696 Other things done or started by the former 11 entity 12 (1) This section applies to anything done or started 13 by a former entity under an Act (the Act)-- 14 (a) whose effect had not ended, or that has not 15 been finished, immediately before 16 commencement; and 17 (b) that, at the commencement, is something 18 that the Regulator can do under the Act; and 19 (c) that is not otherwise dealt with by a 20 provision of the Act. 21 Example of a thing started by the former Authority-- 22 the procedure for cancelling a self-insurer's licence 23 under section 96 of the pre-amended Act 24 (2) The thing done or started by the former entity-- 25 (a) continues to have effect; and 26 (b) from the commencement, is taken to have 27 been done or started by the Regulator; and 28 (c) for a thing started by a former entity--may 29 be completed by the Regulator. 30 Page 97

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 107] 697 Other things required to be done by or in 1 relation to the former entity 2 (1) This section applies to anything required to be 3 done by, or in relation to, a former entity under an 4 Act (the Act), if-- 5 (a) the requirement to do the thing has not been 6 complied with at the commencement; and 7 (b) at the commencement, the thing is 8 something that the Regulator is required to 9 do, or may require another person to do, 10 under the Act; and 11 (c) compliance with the requirement to do the 12 thing is not otherwise dealt with by a 13 provision of this Act. 14 Example of requirement to which this section may apply-- 15 a requirement to give advice or information to the 16 former Authority (see, for example, section 68A of the 17 pre-amended Act) 18 (2) The requirement to do the thing-- 19 (a) continues to have effect; and 20 (b) from the commencement, is taken to be a 21 requirement of, or applying in relation to, 22 the Regulator. 23 698 Evidentiary provisions 24 Sections 375(3), 376, 377 and 583(1) and (2) of the 25 pre-amended Act continue to apply as if the 26 amendment Act had not been enacted. 27 Page 98

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 107] Division 4 Other provisions 1 699 Insurer's responsibility for worker's 2 rehabilitation 3 (1) Section 220(2) applies in relation to a worker 4 who lodges a notice of claim, whether the claim 5 is lodged before or after the commencement. 6 (2) However, section 220(2) does not apply if a 7 proceeding for damages in relation to the 8 worker's injury has started before the 9 commencement. 10 700 Disclosing pre-existing injury 11 Section 571B applies only in relation to an 12 employment process, within the meaning of section 13 571A, started after the commencement. 14 701 Authorised persons 15 (1) A person who, immediately before the 16 commencement, was an authorised person 17 appointed under section 370 of the pre-amended 18 Act is taken to be an authorised person appointed 19 under section 330-- 20 (a) until the end of the term of appointment 21 under the pre-amended Act; and 22 (b) on the conditions of the appointment under 23 the pre-amended Act that are consistent with 24 this Act. 25 (2) The Regulator must issue the authorised person 26 an identity card under section 333 as soon as 27 practicable after the commencement. 28 Page 99

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 107] 702 Requirement of authorised person under 1 previous s 519 2 (1) This section applies to a requirement made by an 3 authorised person under section 519(2) of the 4 pre-amended Act if the time for complying with 5 the requirement has not passed at the 6 commencement. 7 (2) The requirement-- 8 (a) continues to have effect; and 9 (b) from the commencement, is taken to be a 10 requirement made by an authorised person 11 under section 532C(2). 12 703 Requirement of authorised person under 13 previous s 520 14 (1) This section applies to a requirement made by an 15 authorised person under section 520(3)(b) of the 16 pre-amended Act if the time for complying with 17 the requirement has not passed at the 18 commencement. 19 (2) The requirement-- 20 (a) continues to have effect; and 21 (b) from the commencement, is taken to be a 22 requirement made by an authorised person 23 under section 532D(3)(b). 24 704 Existing warrants 25 (1) This section applies to a warrant issued under the 26 pre-amended Act, chapter 12, part 1 (the 27 previous warrant) if, immediately before the 28 commencement, the warrant was in effect and 29 had not been executed. 30 (2) The previous warrant-- 31 Page 100

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 107] (a) continues to have effect according to its 1 terms; and 2 (b) is taken to be a search warrant issued under 3 section 521. 4 705 Dealing with seized property 5 (1) This section applies to a thing seized under the 6 pre-amended Act, section 524, that has not been 7 finally dealt with under the pre-amended Act 8 before commencement. 9 (2) The thing is taken to have been seized under 10 section 529. 11 (3) A receipt given for the thing under the 12 pre-amended Act is taken to be a receipt given for 13 the thing under section 530. 14 (4) For applying this Act to the seizure, the period 15 mentioned in section 532 is taken to have started 16 when the thing was seized under the 17 pre-amended Act. 18 706 Protection from liability 19 (1) Section 374 of the pre-amended Act continues to 20 apply, despite its repeal by the amendment Act, 21 in relation to an act done or omission made by the 22 authorised person before commencement. 23 (2) For subsection (1), the reference in section 24 374(2) of the pre-amended Act to the Authority is 25 taken to be a reference to the State. 26 707 Transitional regulation-making power 27 (1) A regulation (a transitional regulation) may 28 make provision, including by continuing the 29 Page 101

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 108] operation of a previous provision, about a matter 1 for which-- 2 (a) it is necessary to make provision to allow or 3 facilitate the doing of anything to achieve 4 the transition from the pre-amended Act to 5 the amended Act; and 6 (b) this Act does not make provision or 7 sufficient provision. 8 (2) A transitional regulation may have retrospective 9 operation to a day that is not earlier than the day 10 this section commences. 11 (3) A transitional regulation must declare it is a 12 transitional regulation. 13 (4) This section and any transitional regulation 14 expire 1 year after the day this section 15 commences. 16 (5) In this section-- 17 previous provision means a provision of the 18 pre-amended Act that is amended or repealed by 19 the amendment Act. 20 Clause 108 Amendment of sch 6 (Dictionary) 21 (1) Schedule 6, definitions authorised person, Authority, 22 Authority employee, board, chief executive officer and 23 Workers' Compensation Regulatory Authority-- 24 omit. 25 (2) Schedule 6-- 26 insert-- 27 authorised person means-- 28 (a) for chapter 7--a person appointed as an 29 authorised person by the Regulator under 30 section 330; or 31 Page 102

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 1 Amendment of Workers' Compensation and Rehabilitation Act 2003 [s 108] (b) for chapter 8--a person appointed as an 1 authorised person by WorkCover under 466; 2 or 3 (c) otherwise--a person mentioned in 4 paragraph (a) or (b). 5 board, for chapter 8 and chapter 9, part 1, means 6 WorkCover's board. 7 chief executive officer means WorkCover's chief 8 executive officer appointed under section 442. 9 employment process, for chapter 14, part 1, 10 division 1, see section 571A. 11 false or misleading disclosure, for chapter 14, 12 part 1, division 1, see section 571A. 13 occupier, of a place, includes the following-- 14 (a) if there is more than 1 person who 15 apparently occupies the place--any 1 of the 16 persons; 17 (b) any person at the place who is apparently 18 acting with the authority of a person who 19 apparently occupies the place; 20 (c) if no-one apparently occupies the 21 place--any person who is an owner of the 22 place. 23 of, a place, includes at or on the place. 24 offence warning, for a requirement by an 25 authorised person, means a warning that, without 26 a reasonable excuse, it is an offence for the 27 person of whom the requirement is made not to 28 comply with it. 29 owner, of a thing that has been seized under 30 chapter 12, part 1, division 2, subdivision 2, 31 includes a person who would be entitled to 32 possession of the thing had it not been seized. 33 Page 103

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 2 Amendment of Workers' Compensation and Rehabilitation Regulation 2003 [s 109] pre-existing injury or medical condition, for 1 chapter 14, part 1, division 1, see section 571A. 2 prospective employer, for chapter 14, part 1, 3 division 1, see section 571A. 4 prospective worker, for chapter 14, part 1, 5 division 1, see section 571A. 6 reasonably means on grounds that are reasonable 7 in all the circumstances. 8 Regulator see section 326(2). 9 Regulator's office means the office of the 10 department in which the Regulator 11 predominantly works. 12 (3) Schedule 6, definition table of costs, `the Authority'-- 13 omit, insert-- 14 WorkCover 15 (4) Schedule 6, definition workers' compensation certificate 16 protocol, paragraph (a), `Authority's chief executive officer 17 appointed under section 355'-- 18 omit, insert-- 19 Regulator 20 Part 2 Amendment of Workers' 21 Compensation and 22 Rehabilitation Regulation 2003 23 Clause 109 Regulation amended 24 This part amends the Workers' Compensation and Rehabilitation 25 Regulation 2003. 26 Page 104

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 3 Amendments relating to workers' compensation and rehabilitation commencing on assent Part 2 Amendment of Workers' Compensation and Rehabilitation Regulation 2003 [s 110] Note-- 1 See also the amendments in chapter 2, part 2 and schedules 1 and 2. 2 Clause 110 Omission of s 4 (Authority's trading name--Act, s 328) 3 Section 4-- 4 omit. 5 Clause 111 Amendment of s 21 (Additional amount for late payment 6 of levy--Act, s 82) 7 (1) Section 21(1) and (2)(a), (b) and (c), `Authority'-- 8 omit, insert-- 9 Regulator 10 (2) Section 21(2)(c), `Authority's board'-- 11 omit, insert-- 12 Regulator 13 Clause 112 Amendment of s 88 (Examination of claimant or 14 worker--Act, ss 135 and 510) 15 Section 88(2)(a), `the Authority or'-- 16 omit. 17 Clause 113 Amendment of sch 13 (Dictionary) 18 (1) Schedule 13, definition actuarial standard, editor's note, from 19 `Authority's' to `Brisbane'-- 20 omit, insert-- 21 Regulator's office 22 (2) Schedule 13, definition ophthalmologists guide, editor's note, 23 from `Authority's' to `Brisbane'-- 24 omit, insert-- 25 Regulator's office 26 Page 105

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 4 Other amendments Part 1 Amendment of Civil Liability Act 2003 [s 114] Part 3 Minor and consequential 1 amendments 2 Clause 114 Legislation amended in schedule 2 3 Schedule 2 amends the legislation mentioned in it. 4 Chapter 4 Other amendments 5 Part 1 Amendment of Civil Liability 6 Act 2003 7 Clause 115 Act amended 8 This part amends the Civil Liability Act 2003. 9 Clause 116 Amendment of s 75 (Indexation of particular amounts) 10 Section 75(2) and (3), `4 quarters'-- 11 omit, insert-- 12 12 months 13 Clause 117 Amendment of sch 2 (Dictionary) 14 Schedule 2, definition average weekly earnings-- 15 omit, insert-- 16 average weekly earnings, for a financial year, 17 means the amount of Queensland full-time adult 18 persons ordinary time earnings declared by the 19 Australian Statistician in the original series of the 20 statistician's average weekly earnings publication 21 Page 106

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 4 Other amendments Part 2 Amendment of Motor Accident Insurance Act 1994 [s 118] most recently published before the start of the 1 financial year. 2 Part 2 Amendment of Motor Accident 3 Insurance Act 1994 4 Clause 118 Act amended 5 This part amends the Motor Accident Insurance Act 1994. 6 Clause 119 Amendment of s 4 (Definitions) 7 (1) Section 4, definitions affordability index and average weekly 8 earnings-- 9 omit. 10 (2) Section 4-- 11 insert-- 12 affordability index means 45% of Queensland 13 full-time adult persons ordinary time earnings 14 declared by the Australian Statistician in the 15 original series of the statistician's average 16 weekly earnings publication most recently 17 published. 18 average weekly earnings, for a financial year, 19 means the amount of Queensland full-time adult 20 persons ordinary time earnings declared by the 21 Australian Statistician in the original series of the 22 statistician's average weekly earnings publication 23 most recently published before the start of the 24 financial year. 25 Page 107

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Chapter 4 Other amendments Part 3 Amendment of Personal Injuries Proceedings Act 2002 [s 120] Clause 120 Amendment of s 100A (Indexation of particular amounts) 1 Section 100A(2) and (3), `4 quarters'-- 2 omit, insert-- 3 12 months 4 Part 3 Amendment of Personal 5 Injuries Proceedings Act 2002 6 Clause 121 Act amended 7 This part amends the Personal Injuries Proceedings Act 2002. 8 Clause 122 Amendment of s 75A (Indexation of particular amounts) 9 (1) Section 75A(2) and (3), `4 quarters'-- 10 omit, insert-- 11 12 months 12 (2) Section 75A(9), definition average weekly earnings-- 13 omit, insert-- 14 average weekly earnings, for a financial year, 15 means the amount of Queensland full-time adult 16 persons ordinary time earnings declared by the 17 Australian Statistician in the original series of the 18 statistician's average weekly earnings publication 19 most recently published before the start of the 20 financial year. 21 Page 108

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Schedule 1 Schedule 1 Minor and consequential 1 amendments relating to 2 chapter 2 3 section 56 4 Workers' Compensation and Rehabilitation Act 2003 5 1 Particular references to WRI 6 Each of the following provisions is amended by omitting `WRI' 7 and inserting `DPI'-- 8 � section 150(1)(c)(i) 9 � section 151(1)(c)(i) 10 � section 152(1)(c)(i) 11 � section 157(5)(c)(i) 12 � section 159(1)(c)(i) 13 � section 188, heading 14 � section 188(1)(a)(i) and (ii) 15 � section 192(1) and (3) 16 � section 193(1)(a), (3) and (6)(a) 17 � section 512(8) 18 2 Section 140(1), note and sections 205(1), 206(3) and 19 240(2), `division 5'-- 20 omit, insert-- 21 division 4 22 Page 109

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Schedule 1 3 Sections 178(1) and (2) and 186(1)(b), (2) and (3), `degree 1 of permanent impairment'-- 2 omit, insert-- 3 DPI 4 4 Section 191, `WRI has been calculated'-- 5 omit, insert-- 6 DPI has been decided 7 5 Section 276(8), `section 302(1)(a)(ii)'-- 8 omit, insert-- 9 section 302(2)(a)(ii) 10 6 Section 540(1)(a)(xiii) and (b)(vii)-- 11 omit. 12 7 Section 540(1)(c)-- 13 omit, insert-- 14 (c) a failure by WorkCover or a self-insurer to 15 make a decision on an application for 16 compensation within the time stated in 17 section 134. 18 8 Section 546(2), `to (xiii)'-- 19 omit, insert-- 20 to (xii) 21 Page 110

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Schedule 1 Workers' Compensation and Rehabilitation Regulation 1 2003 2 1 Schedule 9-- 3 Schedule 9 is amended by omitting `whole person impairment' or 4 `Whole person impairment' and inserting `a DPI' or `A DPI'. 5 2 Schedule 9, item 38, `degree of permanent impairment'-- 6 omit, insert-- 7 DPI 8 Page 111

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Schedule 2 Schedule 2 Minor and consequential 1 amendments relating to 2 chapter 3 3 section 114 4 Industrial Relations Act 1999 5 1 Section 350(4A), `of the Workers' Compensation 6 Regulatory Authority'-- 7 omit. 8 Integrity Act 2009 9 1 Schedule 1, entry for Workers' Compensation and 10 Rehabilitation Act 2003-- 11 omit. 12 Public Service Act 2008 13 1 Schedule 1, entry for Worker's Compensation Regulatory 14 Authority under the Workers' Compensation and 15 Rehabilitation Act 2003-- 16 omit. 17 Page 112

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Schedule 2 Right to Information Act 2009 1 1 Schedule 1, section 10(a), `Workers' Compensation 2 Regulatory Authority'-- 3 omit, insert-- 4 Workers' Compensation Regulator 5 Workers' Compensation and Rehabilitation Act 2003 6 1 Particular references to Authority 7 Each of the following provisions is amended by omitting 8 `Authority' or `Authority's' and inserting `Regulator' or 9 `Regulator's'-- 10 � section 32(5)(c) 11 � section 43 12 � section 44 13 � section 49(2)(b) 14 � section 68(4) 15 � section 68A(3) 16 � section 69(4) 17 � section 70(a) 18 � section 71(1) to (4) 19 � section 72(1) to (4) 20 � section 73(1)(a) 21 � section 75(1) and (2) 22 � section 76(1) and (2) 23 � section 77(1), (2) and (4) to (6) 24 � section 79(1) to (4) 25 Page 113

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Schedule 2 � section 80(1), (2), (4), (5) and (7) 1 � section 82(1) and (2) 2 � section 83(1)(b) and (2) 3 � section 84(1), (3)(a) and (4) 4 � section 85(1) and (3) 5 � section 86(1)(a) and (b), (4)(b) and (5) 6 � section 89(1), (2) and (4) 7 � section 90(2), (4), (6), (8) and (9)(a) 8 � section 91 9 � section 93(2) 10 � section 94 11 � section 95 12 � section 96(1), (2), (3) and (6) 13 � section 97(2) and (3)(b) 14 � section 100(2), (3) and (4) 15 � section 102(6) 16 � section 103(2), (3) and (4) 17 � section 104(1) 18 � section 105A 19 � section 105D 20 � section 105G(2), (3) and (4) 21 � section 105I(5) 22 � section 105J(2), (3) and (4) 23 � section 105L 24 � section 105O(3)(a) 25 � section 183(1), (3) and (5) 26 � section 205(3) 27 � section 226(3)(b) 28 Page 114

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Schedule 2 � section 269(5)(b) 1 � section 496(a) 2 � section 534(1)(a), (2) to (4) 3 � chapter 13, part 2, heading 4 � section 540(5) 5 � section 542(2), (3), (5)(a) and (6) 6 � section 543(1) and (2) 7 � section 544, heading and subsection (1) 8 � section 545(1), (1A), (2), (4) and (5) 9 � section 546(1), (2), (3)(b), (3A) and (4) 10 � section 546A(1) and (2) 11 � section 547(1) and (2) 12 � section 548A(2)(b) 13 � section 549(1), (2) and (3)(b) 14 � section 550(6)(a) 15 � section 567 16 � section 569(5)(b) 17 � section 570(3)(c) 18 � section 571 19 � section 576(1), (2), (3)(a)(ii) and (3)(b)(ii) 20 � section 567D(2) 21 � section 577(1) 22 2 Particular references to Authority's board 23 Each of the following provisions is amended by omitting 24 `Authority's board' or `board' and inserting `Regulator'-- 25 � section 86(6), definition set limit 26 � section 107B(1)(a) 27 Page 115

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Schedule 2 � section 107D(4) 1 � section 107E 2 � section 548A(2)(a) 3 3 Sections 428(2) and 445(3)-- 4 omit. 5 4 Section 577(3), `520(1)'-- 6 omit, insert-- 7 532D(1) 8 Workers' Compensation and Rehabilitation Regulation 9 2003 10 1 Particular references to Authority 11 Each of the following provisions is amended by omitting 12 `Authority' or `Authority's' and inserting `Regulator' or 13 `Regulator's'--' 14 � section 20(2), definition ECL 15 � section 20A 16 � section 22(a) and (b)(iii) 17 � section 24(2) 18 � section 36 19 � section 38(2) 20 � section 40 21 � section 48 22 � section 50(2) 23 � section 52 24 Page 116

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Schedule 2 � section 57(2) 1 � section 58 2 � section 59(3) 3 � section 60(2) 4 � section 62 5 � section 64(4) 6 � section 69 7 � section 71(2) 8 � section 73 9 � section 75B, definition approved actuary 10 � section 75D(2) 11 � section 75E 12 � section 75G 13 � section 75H 14 � section 75I 15 � section 75J 16 � section 75K 17 � section 75L 18 � section 75Q 19 � section 75S(2) 20 � section 75U 21 � section 75ZC(2) 22 � section 75ZE 23 � section 75ZK 24 � section 75ZM(2) 25 � section 75ZO 26 � section 75ZQ(4) 27 � section 77(1)(a), (3) and (4) 28 Page 117

Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 Schedule 2 � section 110(3) 1 � section 113(3)(a) and (4) 2 � section 119(2) and (3)(a) 3 � schedule 13, definition actuary 4 Work Health and Safety Act 2011 5 1 Schedule 2, section 24(1), `Workers' Compensation 6 Regulatory Authority'-- 7 omit, insert-- 8 Workers' Compensation Regulator 9 2 Schedule 2, section 24(3)(b), `Authority'-- 10 omit, insert-- 11 Workers' Compensation Regulator 12 � State of Queensland 2013 Authorised by the Parliamentary Counsel Page 118

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