Queensland Numbered Acts

WORKERS' COMPENSATION AND REHABILITATION AND OTHER ACTS AMENDMENT ACT 2004 NO. 45

TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
   1.      Short title
   2.      Commencement
           Part 2--Amendment of Workers' Compensation and Rehabilitation Act 2003
   3.      Act amended in pt 2 and sch
   4.      Replacement of s 11 (Who is a worker)
   5.      Replacement of s 30 (Who is an employer)
   6.      Amendment of s 32 (Meaning of injury)
   7.      Amendment of s 50 (When an employer contravenes the general obligation to insure)
   8.      Replacement of s 65 (Meaning of excess period)
   9.      Amendment of s 66 (Employer's liability for excess period)
   10.     Amendment of s 81 (Annual levy payable)
   11.     Amendment of s 84 (Bank guarantee or cash deposit)
   12.     Replacement of ch 3, pt 1 hdg
   13.     Omission of s 105 (Meaning of amount payable under an industrial instrument)
   14.     Insertion of new ch 3, pt 1A
   15.     Amendment of s 109 (Who must pay compensation)
   16.     Insertion of new s 109A
           17. Insertion of new s 133A
           18. Amendment of s 134 (Decision about application for compensation)
   19.     Amendment of s 140 (Maximum entitlement)
   20.     Insertion of new ch 3, pt 8A
   21.     Amendment of s 150 (Total incapacity—workers whose employment is governed by an industrial instrument)
   22.     Amendment of s 151 (Total incapacity—workers whose employment is not governed by industrial instrument)
   23.     Amendment of s 152 (Total incapacity—certain contract workers)
   24.     Amendment of s 157 (Total incapacity)
   25.     Amendment of s 159 (Total incapacity)
   26.     Amendment of s 160 (Total incapacity—reference about impairment to medical assessment tribunal)
   27.     Amendment, relocation and renumbering of s 177 (When weekly payments stop)
   28.     Amendment of s 192 (Additional lump sum compensation for certain workers)
   29.     Amendment of s 193 (Additional lump sum compensation for gratuitous care)
   30.     Amendment of s 200 (Total dependency)
   31.     Amendment of s 202 (Workers under 21)
   32.     Insertion of new ch 3, pt 13
   33.     Amendment of s 211 (Extent of liability for medical treatment)
   34.     Amendment of s 212 (Extent of liability for prosthetic expenses)
   35.     Insertion of ch 4, pt 2, div 3, sdiv 1 hdg
   36.     Amendment of s 215 (Definitions for div 3)
   37.     Insertion of new ch 4, pt 2, div 3, sdiv 2 hdg
   38.     Amendment of s 216 (Extent of liability for period of hospitalisation)
   39.     Amendment of s 217 (Cost of hospitalisation)
   40.     Omission of s 218 (Maximum liability for cost of hospitalisation)
   41.     Insertion of new ch 4, pt 2, div 3, sdiv 3
   42.     Amendment of s 233 (Definitions for ch 5)
   43.     Insertion of new ss 278A and 278B
           44. Amendment of s 279 (Claimant and insurer to cooperate)
   45.     Amendment of s 281 (Claimant and insurer to attempt to resolve claim)
   46.     Amendment of s 282 (Worker to undergo medical examination)
   47.     Amendment of s 283 (Joint expert reports)
   48.     Amendment of s 284 (Non-disclosure of certain material)
   49.     Amendment of s 285 (Consequence of failure to give information)
   50.     Amendment of s 289 (Compulsory conference)
   51.     Amendment of s 290 (Procedure at conference)
   52.     Insertion of new s 290A hdg
   53.     Amendment of s 292 (Parties to make written final offer if claim not settled at compulsory conference)
   54.     Insertion of new s 292A
           55. Amendment of s 293 (Settlement of claim for damages)
   56.     Amendment of s 296 (Claimant to have given complying notice of claim or insurer to have waived compliance)
   57.     Replacement of ch 5, pt 10 (No right to particular damages)
   58.     Amendment of s 313 (Costs if written final offer by insurer)
   59.     Amendment of s 316 (Principles about orders as to costs)
   60.     Amendment of s 330 (General statement of Authority's functions)
   61.     Amendment of s 453 (WorkCover's solvency)
   62.     Insertion of new ch 9, pt 3
   63.     Amendment of s 540 (Application of pt 2)
   64.     Amendment of s 545 (Review of decision or failure to make a decision)
   65.     Amendment of s 546 (Notice of review decision)
   66.     Insertion of new s 546A
           67. Amendment of s 548 (Application of div 1)
   68.     Insertion of new s 548A
           69. Amendment of s 549 (Who may appeal)
   70.     Amendment of s 550 (Procedure for appeal)
   71.     Amendment of s 552 (Notice of time and place for hearing)
   72.     Amendment of s 554 (Exchanging evidence before hearing)
   73.     Replacement of s 555 (Adjourning hearing)
   74.     Amendment of s 556 (Additional medical evidence)
   75.     Amendment of s 557 (Correcting defects in proceedings)
   76.     Amendment of s 558 (Powers of industrial magistrate)
   77.     Amendment of s 559 (Decision of industrial magistrate)
   78.     Amendment of s 560 (Recovery of costs)
   79.     Amendment of s 561 (Appeal from industrial magistrate to Industrial Court)
   80.     Amendment of s 566 (Decision about payment of compensation)
   81.     Amendment of s 569 (Starting appeals)
   82.     Amendment of s 573 (Disclosure of information)
   83.     Amendment of s 576 (Information not actionable)
   84.     Amendment of s 579 (Summary proceedings for offences other than against ch 8)
   85.     Omission of s 585 (Entitlements to compensation under industrial instrument prohibited and void)
   86.     Insertion of new ch 16
   87.     Amendment of sch 2 (Who is a worker)
   88.     Amendment of sch 3 (Who is an employer)
   89.     Amendment of sch 6 (Dictionary)
           Part 3--Amendment of Workplace Health and Safety Act 1995
   90.     Act amended in pt 3 and sch
   91.     Amendment of s 3A (Relationship with Electrical Safety Act 2002)
   92.     Replacement of s 9 (What is a workplace?)
   93.     Amendment of s 10 (Who is an employer?)
   94.     Amendment of s 14 (What is a construction workplace?)
   95.     Omission of s 16 (When is a worker at work?)
   96.     Amendment of s 26 (How obligations can be discharged if regulation etc. made)
   97.     Amendment of s 28 (Obligations of employers)
   98.     Amendment of s 29 (Obligations of self-employed persons)
   99.     Amendment of s 29A (Obligations of persons conducting business or undertaking)
   100.    Amendment of s 38 (Regulations)
           101. Replacement of s 41 (Advisory standards and industry codes of practice)
   102.    Insertion of new s 42DA
           103. Amendment of s 42I (Contravention of workplace health and safety undertaking)
   104.    Insertion of new s 103A
           105. Amendment of s 108 (General powers after entering places)
   106.    Amendment of s 117 (Improvement notice)
   107.    Amendment of s 118 (Prohibition notice)
   108.    Amendment of s 120 (Power to require name and address)
   109.    Amendment of s 121 (Power to inquire into workplace incident)
   110.    Amendment of s 122 (Power to require production of certain documents)
   111.    Amendment of s 144 (Offences by witnesses)
   112.    Replacement of s 182 (Revocation of accredited provider's appointment)
   113.    Replacement of pt 17, divs 2 and 3
   114.    Amendment of sch 2 (Specified high risk plant)
   115.    Amendment of sch 3 (Dictionary)
           Part 4--Amendment of Electrical Safety Act 2002
   116.    Act amended in pt 4 and sch
   117.    Amendment of s 14 (Meaning of electrical equipment)
   118.    Amendment of s 18 (Meaning of electrical work)
   119.    Amendment of s 44 (Code of practice about discharging electrical safety obligation)
   120.    Insertion of new s 49A
           121. Amendment of s 54 (Contravention of electrical safety undertaking)
   122.    Insertion of new pt 4, div 1A
   123.    Insertion of new pt 4, div 2A
   124.    Amendment of s 88 (Functions of licensing committee)
   125.    Replacement of s 134 (Revocation of accredited auditor's appointment)
   126.    Insertion of new s 143A
           127. Amendment of s 144 (General powers after entering place)
   128.    Amendment of s 153 (Improvement notice)
   129.    Amendment of s 154 (Electrical safety protection notice)
   130.    Amendment of s 157A (Power to inquire into serious electrical incident or dangerous electrical event)
   131.    Amendment of s 158 (Power to require production of certain documents)
   132.    Insertion of new pt 16
           Part 5--Amendment of Industrial Relations Act 1999
   133.    Act amended in pt 5
   134.    Amendment of s 267 (Commission's jurisdiction is exclusive)
           Part 6--Amendment of Statutory Instruments Act 1992
   135.    Act amended in pt 6
   136.    Amendment of s 46 (When is preparation of a regulatory impact statement unnecessary?)
           Part 7--Amendment of Trading (Allowable Hours) Act 1990
   137.    Act amended in pt 7
   138.    Insertion of new pt 9
           SCHEDULE MINOR AMENDMENTS