Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill 2020 (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 and Other Legislation Amendment Act 2020.

Part 2 Amendment of Workers' Compensation and Rehabilitation Act 2003

2 Act amended This part amends the Workers' Compensation and Rehabilitation Act 2003.

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

Subdivision 3BA PTSD sustained by first responders and other particular persons

36EA Definitions for subdivision In this subdivision— eligible employee see section 36EC. first responder see section 36EB. relevant volunteer means a person mentioned in division 3, subdivision 1 who is covered under a contract of insurance entered into with WorkCover for that subdivision.

36EB Meaning of first responder A person is employed as a first responder if— (a) the person is a worker, or a relevant volunteer, employed in an occupation or profession prescribed by regulation; and (b) the person's employment requires the person to respond to incidents— (i) that are life-threatening or otherwise traumatic; and (ii) for which time may be critical to prevent actual or potential death or injury to persons, or to prevent or minimise damage to property or the environment.

36EC Meaning of eligible employee (1) A person is employed as an eligible employee if— (a) the person is a worker, or a relevant volunteer, employed by or in an entity prescribed by regulation; and (b) the person's employment requires the person to experience repeated or extreme exposure to the graphic details of traumatic incidents by— (i) attending the scenes of traumatic incidents; or Example of a person for subparagraph (i)— a person whose employment requires the person to recover human remains (ii) experiencing traumatic incidents as they happen to other persons; or Example of a person for subparagraph (ii)— a fire communications officer whose employment requires the officer to respond to calls for information and advice in emergency situations (iii) investigating, reviewing or assessing traumatic incidents that have happened to other persons. Example of a person for subparagraph (iii)— a person whose employment requires the person to investigate complaints of child sexual abuse (2) In this section— traumatic incident includes an incident that exposes a person to, or to the threat of, any of the following— (a) death; (b) serious injury; (c) sexual violence.