Transport and Other Legislation Amendment Bill 2008

These are key amendments to the Workers' Compensation and Rehabilitation Act 2003 (the Act) which come into effect from 1 December 2008. For more information about the amendments refer to the Transport and Other Legislation Amendment Bill 2008.

Section 136

This provision requires a worker receiving compensation for an injury to give the insurer notice of the worker’s return to work or engagement in a calling. The amendment removes the requirement for the worker to give written notice to the insurer—the worker can provide the notice verbally, for example by telephone.

Section 586

This amendment allows lodgement of certain approved forms by telephone or another method acceptable to the receiver of the form. The approved forms to which the amendment applies are forms under the following provisions:

• section 50 – an application for a WorkCover Queensland accident insurance policy
• section 132 – applying for compensation
• section 133 – an employer’s duty to report a worker’s injury
• section 133A – an employer’s duty to tell WorkCover Queensland if a worker asks for, or the employer makes, a payment
• section 542 – applying for review.

The new provisions outline the process for lodging an approved form by telephone or another method, including the requirement for an appropriate method of identifying the person lodging the form and indicating the person’s approval of the information communicated.

Chapter 22 and Section 655

This amendment inserts chapter 22 and section 655, which provide that an application for compensation under section 132 or an application for review under section 542 lodged by telephone before the commencement of the amendments is taken to be valid as if the amendments had always applied. This ensures telephone applications lodged before the amendments commenced are valid.