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.