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).