1997 – 2003: WorkCover Queensland Act 1996
These recommendations formed the basis of the WorkCover
Queensland Act 1996, with the majority of provisions
commencing on 1 February 1997 and the remaining provisions on 1
July 1997. Key features of the 1996 Act included:
- experience based premium rating to replace the merit
bonus/penalty system
- changes in coverage in certain areas e.g. the definition of
'worker' and 'injury', journey claims and industrial deafness
- a pre-proceedings process for common law claims to promote
early settlement of claims and minimise legal costs
- strengthening of employer and worker obligations for workplace
rehabilitation and safety at work.
The main structural change introduced by the 1996 Act was the
replacement of the Workers' Compensation Board of Queensland as a
division of a government department with a new, independent
statutory body, WorkCover Queensland. Whilst the portfolio Minister
has reserve powers to influence WorkCover operations,
responsibility and accountability for the commercial performance of
WorkCover and oversight of the enforcement of regulatory
responsibilities rested with the WorkCover Queensland Board.
WorkCover Queensland had two clearly identified roles: the
first, to provide accident insurance as a commercial provider; and
the second, to enforce the Act as a regulator.
In July 1997, the option was introduced for employers to
self-insure, subject to the satisfaction of certain prudential and
other criteria. Apart from the granting of self-insurance licences,
WorkCover Queensland continued to be the exclusive provider of
accident insurance.
In 1999, amendments to the 1996 Act included changes to the
definitions of 'injury' and 'worker'; self-insurance criteria
(increase in minimum workers, requirements for occupational health
and safety and assumption of liability for their tail of claims, no
third party outsourcing of claims management); a Review Council to
oversee the review process and the medical assessment tribunals;
removal of the premium surcharge.
In May 2000 the WorkCover Regulatory Functions Division was
relocated to separate premises and launched under the new name of
Q-COMP. This separation reinforced the independence and
impartiality of the regulatory services.