Q-COMP

In 2003 the Government approved the separation of WorkCover's insurance and regulatory functions as a result of the National Competition Policy review of the WorkCover Queensland Act 1996. Key features of the approved model included:

• the repeal of the WorkCover Queensland Act 1996 and provision for new legislation to provide for the separate delivery and regulation of the workers' compensation scheme
• maintaining WorkCover Queensland as a fully commercial statutory body
• providing for the establishment of a statutory authority to regulate the scheme
• centralising policy and legislative development functions within the Department of Industrial Relations.

The Workers' Compensation and Rehabilitation Act 2003 commenced on 1 July 2003. The change to the title of the legislation to the Workers' Compensation and Rehabilitation Act 2003 better reflects the function of the legislation, being to provide for a scheme of arrangements for the regulation and delivery of optimal workers' compensation and rehabilitation services to Queensland workers and employers.

To retain the integrity of the workers' compensation fund, WorkCover Queensland maintains premium setting and funds management as part of its functions together with insurance underwriting and service delivery. WorkCover Queensland insures over 143,000 employers, manages over 74,000 statutory and 2,400 common law claims annually.

The 2003 Act established Q-COMP, the Workers' Compensation Regulatory Authority of Queensland, whose primary function is to regulate the Queensland workers' compensation scheme, as a separate and autonomous statutory authority to ensure true independence and impartiality in relation to regulatory decisions made for all insurers, both self-insurers and WorkCover Queensland.

Q-COMP's functions under the Act include undertake review of insurers' decisions, support and oversee the efficient administration of medical assessment tribunals, undertake rehabilitation and compliance activities, maintain a database for scheme-wide reporting, promote education about the Queensland workers' compensation scheme, deciding applications relating to self-insurance.

At 1 July 2008 there are 24 self-insurers who manage and fund the cost of their employees' workers' compensation and damages claims.

Subsequent amendments to the 2003 Act provide for significantly enhanced benefits for injured workers and dependants of deceased workers; more flexible self-insurance arrangements; employers will not be able to dismiss more seriously injured workers for 12 months (up from six months); allow more flexible workplace rehabilitation practices.