Scheme history
Before 1916
Queensland's involvement with workers' compensation dates back
to the Employers' Liability Act of 1886, which permitted
recovery of common law damages in selected instances. In 1905 the
then Workers' Compensation Act adopted the no fault
principle and general coverage of the British model. Up until 1916
Queensland employers were expected, but not compelled, to seek
accident insurance for their workers. Private insurers provided
such insurance with little government involvement.
From 1916 to 1990: Workers'
Compensation Act 1916
The Queensland Workers' Compensation Act 1916 repealed
the former legislation and became the foundation for today's
legislation, establishing the following major precedents:
- insurance became mandatory for employers (with the exception of
government departments) and extended coverage from manual workers
to practically all workers in the state
- a monopoly on workers' compensation insurance was granted to
the State Accident Insurance Office based on the principle that
workers' compensation, being an essentially social service, should
be administered by a single authority. (Later the same year the
Insurance Act of 1916 authorised the transaction of all
classes of insurance business by this Office and changed its name
to the State Government Insurance Office [SGIO]. The monopoly was
retained by the SGIO).
- it provided for the inclusion of journey (travel) claims.
As a result of legislative changes, judicial interpretation and
administrative decisions, various amendments were made over the
years to improve the systems e.g. to broaden coverage, increase
recognition of work related conditions and improve benefits.
Amongst the significant changes were:
- 1930 medical reports for compensation claims
made mandatory
- 1944 term 'accident' repealed and definition
of 'injury' inserted allowing compensation to a worker who had not
met with a definite accident but was suffering from a condition
brought about by their employment
- 1955 first medical board established
- 1963 merit bonus scheme introduced to provide
accident and claim prevention incentives for employers. Extension
of employers' insurance policies with the SGIO to cover against
common law liability made compulsory.
- 1972 introduction of full award wages for
injured workers during first 26 weeks disablement
- 1973 specific provision made for
rehabilitation of injured workers.
In 1978, the Queensland Parliament determined that the
administration of workers' compensation in Queensland would be
better set up as a separate organisation outside the confines of
the SGIO, due to workers' compensation being seen as essentially a
social service.
On 1 July 1978 the Workers' Compensation Board of Queensland was
established as a division of the then Department of Labour
Relations. Responsibility for the administration and control of
workers' compensation passed from the Queensland State Treasurer
and SGIO to the Minister for Labour Relations and a six member
board including representatives of employee and employer
organisations.
The 1916 Act was subsequently amended in several key areas,
including amendments to provide exclusion from the definition of
"worker" of company directors (although those employed under a
contract of service could elect to be insured), partners and
trustees (unless specifically insured); clarification as to when
contractors or sub-contractors were deemed to be workers; payment
of certain permanent partial disabilities and in benefits
associated with fatal claims; Medical Boards were to determine
whether incapacity was partial or total.