Queensland Numbered Acts

WORKERS' COMPENSATION AND REHABILITATION (COAL WORKERS' PNEUMOCONIOSIS) AND OTHER LEGISLATION AMENDMENT ACT 2017 - SECT 28

28 Insertion of new ch 6A

After section 325 —
insert—

Chapter 6A - Medical examinations for former coal workers

325A Application of chapter This chapter applies to a person (a
"former coal worker" ) who—

(a) was a worker employed in an industry that involved mining, loading, transporting or otherwise dealing with coal; and

(b) permanently stopped working in the industry before 1 January 2017.

325B Applications for lung disease examinations

(1) The former coal worker may apply (an
"examination application" ) to the insurer for approval to undergo a lung disease examination.

(2) The application must—

(a) be in the approved form; and

(b) include information that shows the former coal worker was exposed to coal dust at the worker’s place of employment for a period, whether or not continuous, of at least 6 months; and

(c) be accompanied by a medical certificate signed by a doctor stating that the former coal worker suspects that the worker may have sustained an injury that is a coal mine dust lung disease.

(3) However, an application may not be made under this section—

(a) on or after 1 January 2022; or

(b) if the former coal worker has previously made an application under this section that was approved.

325C Deciding examination applications

(1) Within 20 business days after receiving an examination application, the insurer must—

(a) approve or refuse the application; and

(b) give the applicant written notice of the decision.

(2) The insurer must approve the examination application unless satisfied—

(a) the applicant was not exposed to coal dust at the applicant’s place of employment for a period, whether or not continuous, of at least 6 months; or

(b) the applicant was exposed to coal dust at the applicant’s place of employment for a period, whether or not continuous, of at least 6 months, but the exposure did not happen in Queensland.

(3) If the insurer refuses the examination application, the notice mentioned in subsection (1) (b) must—

(a) state the reasons for the decision; and

(b) include or be accompanied by information about the rights of review under this Act for the decision.

325D Insurer must arrange and pay for lung disease examinations

(1) If an examination application is approved, the insurer must—

(a) arrange for a lung disease examination of the applicant to be carried out by a doctor who is qualified and competent to carry out the examination; and

(b) within 10 business days after the approval is given, give the applicant a written notice stating—

(i) the day, time and place the lung disease examination will be carried out; and

(ii) the name of the doctor; and

(c) pay for—

(i) the lung disease examination; and

(ii) the preparation of an examination report by the doctor; and

(iii) the giving of a copy and explanation of the examination report to the applicant; and

(iv) any travel costs, that the insurer considers are necessary and reasonable, incurred by the applicant in attending the lung disease examination.

(2) In this section—

"examination report" means a report about a lung disease examination that states whether or not the applicant is diagnosed as having a coal mine dust lung disease.