Workers’ Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Bill 2016 (Qld)

An Act to amend the Workers' Compensation and Rehabilitation Act 2003 and the Workers' Compensation and Rehabilitation Regulation 2014 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Workers' Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Act 2016 .

Part 2 Amendment of Workers' Compensation and Rehabilitation Act 2003

2 Act amended This part amends the Workers' Compensation and Rehabilitation Act 2003. Note— See also the amendments in schedule 1.

3 Amendment of s 5 (Workers' compensation scheme) Section 5(2)— insert— (aa) implementation of the national injury insurance scheme for serious personal injuries resulting from workplace incidents connected with Queensland;

4 Amendment of s 9 (Meaning of compensation ) Section 9, 'and 4'— omit, insert— , 4 and 4A

5 Amendment of s 10 (Meaning of damages ) Section 10— insert— (4) Further, a reference in subsection (1) to the liability of an employer does not include a liability to pay damages, for injury sustained by a worker, arising from an indemnity granted by the employer to another person for the other person's legal liability to pay damages to the worker for the injury.

6 Insertion of new ch 1, pt 4, div 3, sdiv 1A Chapter 1, part 4, division 3, before subdivision 1— insert—

Subdivision 1A Preliminary

11A Compensation to which this division does not apply In this division, a reference to an entitlement to compensation does not include an entitlement to compensation under chapter 4A.

7 Amendment of s 71 (Issue or renewal of licence to a single employer) (1) Section 71(1)(e), from 'unconditional' to 'deposit'— omit, insert— security (2) Section 71— insert— (3A) If, for a single employer, the Regulator is not satisfied of the matter mentioned in subsection (1)(a) only, the Regulator may still issue a licence to be a self-insurer to the employer if— (a) the employer held a licence (the former licence) to be a self-insurer under this section within the previous 5 years; and (b) the former licence was not cancelled under this Act; and (c) after the former licence ended, the employer was not at any time a related body corporate with another employer for the purpose of the grant of a licence to be a self-insurer under section 72; and (d) the Regulator is satisfied the number of full-time workers employed in Queensland by the employer is at least the number of full-time workers that were required under subsection (1)(a) as in force when the former licence was granted. (3B) Also, the Regulator may renew a licence to be a self-insurer issued to a single employer under subsection (4) who fails to satisfy the Regulator only of the matter mentioned in subsection (1)(a) if the Regulator is still satisfied of the matter mentioned in subsection (4)(d). (3) Section 71(3A) to (5)— renumber as section 71(4) to (7).