Workers' Compensation and Rehabilitation Amendment Regulation (No. 1) 2008

These are the key amendments to the Workers' Compensation and Rehabilitation Regulation 2003 (the Regulation) which come into effect (with some exceptions) from 1 July 2008. For more information about the amendments refer to the Workers’ Compensation and Rehabilitation Amendment Regulation (No. 1) 2008.

Section 16

Section 16 of the Regulation is amended to specify that the amount of an employer’s excess corresponds to 65% of the level of weekly QOTE (Queensland Ordinary Time Earnings). This amendment provides for future indexation to allow the excess amount to reflect normal wage movements. This amendment commenced on 1 May 2008 and applies to injuries sustained by workers on or after 1 May 2008 (refer to section 125 of the Regulation).

Section 99A and Section 126

This amendment specifies that a person meets the criteria to be a rehabilitation and return to work coordinator (RRTWC) by satisfactorily completing a workplace rehabilitation course accredited under the Vocational Education, Training and Employment Act 2000 and registering as a RRTWC with Q-COMP.

The amendment also provides that a person continues to meet the criteria to be a RRTWC by satisfactorily completing training relating to workplace rehabilitation under guidelines issued by Q-COMP by industrial gazette notice.

The Regulation provides that a person who currently meets the criteria for becoming a RRTWC under the former section 99A , is, on 1 July 2009, taken to meet the criteria to be a RRTWC under the new section 99A (refer to section 126 of the Regulation).

Section 99C and Section 99D

These amendments change the criteria for employers in a high risk industry to appoint a RRTWC and to have a workplace rehabilitation policy and procedures. A RRTWC and a workplace rehabilitation policy and procedures are required if the wages of the employer who employs workers at a workplace in a high risk industry in Queensland for the preceding financial year were more than $1.63 million. This amount will be indexed in accordance with movements in QOTE. The Regulation previously provided that a RRTWC and a workplace rehabilitation policy and procedures are required if the employer employs 30 or more workers at a workplace in a high risk industry.

A high risk industry is defined in Schedule 5A of the Regulation.

Section 112A

Section 278A of the Workers' Compensation and Rehabilitation Act 2003 allows an insurer who receives a notice of claim for damages to add another person as a contributor within the time prescribed under a regulation. This amendment reduces the time allowed for adding a contributor from 60 business days to 30 business days after the insurer receives the notice of claim. This amendment applies to notices of claim received on or after 1 July 2008 (refer to section 127 of the Regulation).