Work Health and Safety Act 2011
Key amendments to the Workers' Compensation and
Rehabilitation Act 2003 (the Act) came into effect from 6 June
2011.
For more information about the amendments refer to the Work
Health and Safety Act 2011 (the Amendment Act).
Chapter 3, Part 5, Division 2 contains new
provisions relating to the effect of compensation on a worker's
leave entitlements.
Section 119A states that a worker who is
entitled to compensation including weekly payments is entitled to
take or accrue annual leave, sick leave and long service leave
during the period to which the compensation relates. This provision
ensures that Queensland private sector employees whose entitlements
are governed by the Fair Work Act 2009 (Cwlth) are able to
accrue leave while absent from work and in receipt of compensation
benefits.
Chapter 14, Part 1A contains new information
provisions for the building and construction industry, allowing the
release of project-specific injury data to principal contractors in
charge of construction projects. The purpose of the amendments is
to strengthen insurance and data collection arrangements in the
construction industry, with the data able to be used internally to
monitor project safety performance.
Section 576C states a principal contractor for
a construction may ask a relevant contractor who is an employer for
a copy of the relevant contractor's licence to be a self-insurer or
a certificate of currency for a WorkCover policy of insurance.
There is a financial penalty where the relevant contractor, without
reasonable excuse, does not give the principal contractor the
required document within 10 business days.
Section 576D states that WorkCover may provide
injury data for a construction project to the principal contractor
relating to relevant contractors who are not self-insurers. The
principal contractor may also request Q-COMP to provide injury data
for a construction project relating to relevant contractors who are
self-insurers.
Injury data means the relevant
contractor's name; number and type of injuries sustained by workers
on the project for which applications for compensation have been
made; the date the injuries were sustained; and the address of the
site at which the injuries were sustained. There is a financial
penalty where the principal contractor (or a director or employee)
discloses any information received if it identifies directly or
indirectly any person to whom it relates (section
576E).
Section 584A states that the Minister must
ensure a review of the operation of the workers' compensation
scheme at least once every five years, with the first review due to
be completed by 30 June 2013. A report on the outcome of the review
must be tabled in the Legislative Assembly.