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Summary of changes from the 2003 Regulation to the 2014 Regulation

The Workers' Compensation and Rehabilitation Regulation 2003 (the 2003 Regulation) automatically expired on 1 September 2014. The Workers' Compensation and Rehabilitation Regulation 2014 (the 2014 Regulation) replaces the 2003 Regulation.

As the workers' compensation scheme was reviewed in 2013, the 2014 Regulation retains the existing policy intent, protections of injured workers' rights and entitlements, and efficient processes for insurers and employers. The 2014 Regulation streamlines these protections and requirements by removing any obsolete processes, requirements and unnecessary duplication.

The following table provides an overview comparison between the 2003 Regulation and the new 2014 Regulation.

Please note:

Changes to section content are not shown.

Changes from '2003' to '2014', and updating dollar amounts to current value are not recorded in the table.

Changes made to reflect new drafting style that do not impact on policy outcome are not recorded in the table.

This table is provided as an information source only and the department makes no statements, representations, or warranties about the accuracy or completeness of this information. For further information refer to a copy of the relevant legislation on the Office of the Parliamentary Counsel website at www.legislation.qld.gov.au.

2003 Regulation2014 RegulationExplanation of change

Part 1 – Preliminary

 

 

Retained without changes

 

Part 2 – Employer insurance

Division 1 – policies and premium assessments

 

Retained without changes except for:

  • section 8(3) (deleted).

Former subsection 8(3) deleted as it was a transitional provision no longer required

Division 2 – employer

 

Retained without changes

 

Division 3 – self-insurance

 

Retained without changes except for:

  • section 20A (now sections 18-20);
  • section 24 (deleted)

Former section 20A has been divided into 3 sections (sections 18-20) to improve readability.

Former section 24 has been deleted as it is not required

Part 3 – Other Insurances

 

 

deleted

This Part concerned the provision of insurance contracts for certain classes of persons other than "workers". Under section 26 of the Act, cover under these contracts must not exceed the cover available under the Act for compensation or damages. All other terms and conditions can be set in the contracts themselves and do not require regulating

Part 4 – Amount of calculation of liability for self-insurers

Division 1 – outstanding liability

Subdivision 1 – purpose

Retained without changes

 

Subdivision 2 – calculation

Retained without changes except for:

  • section 41 (deleted).

Former section 41 has been deleted and the provisions transferred to new section 96

Subdivision 3 – recalculation

deleted

Former Subdivision 3 deleted as it was a transitional provision no longer required

Division 2 – Total Liability

 

Retained without changes except for:

  • section 63 (deleted).

Former section 63 has been deleted and the provisions transferred to new section 96

Division 3 – Liability after cancellation of self-insurer's licence

 

Retained without changes except for:

  • section 74 (deleted).

Former section 74 has been deleted and the provisions transferred to new section 96

Division 3A – estimated claims Liability

 

Retained without changes except for:

  • section 75L (deleted).

Former section 75L has been deleted and the provisions transferred to new section 96

Division 3B – self-insurers who become non-scheme employers

Subdivision 1 – purpose

Retained without changes

 

Subdivision 2 – calculation

Retained without changes except for:

  • section 75V (deleted).

Former section 75V has been deleted and the provisions transferred to new section 96

Subdivision 3 – recalculation

Retained without changes except for:

  • section 75ZF (deleted).

Former section 75ZF has been deleted and the provisions transferred to new section 96

Division 3C – Total Liability – member of a group who become non-scheme employer

 

Retained without changes except for:

  • section 75ZP (deleted).

Former section 75ZP has been deleted and the provisions transferred to new section 96

Division 4 – actuarial arbiter

 

Retained without changes

 

Part 5 – Compensation

Division 1 – calculation of NWE

 

Retained without changes except for:

  • section 82 (amended).

Former section 82 (now section 99) has been redrafted to provide for comparable arrangements to be considered if the same arrangements are not available. In addition the term 'district' has been removed to remove regulatory uncertainty

Division 2 – compensation application and other procedures

 

Retained without changes except for:

  • section 89 (deleted);
  • section 91 (deleted).

These section have been deleted as they provided discretionary power for the insurer to enter into arrangements. These arrangements do not require regulating. Insurers may continue to make arrangements or agreements with other parties as needed

Division 3 – entitlement to compensation for permanent impairment

 

Retained without changes

 

Part 6 – Rehabilitation

Division 1 – Caring allowance

 

deleted

Former sections 98 and 99 included significant duplication with provisions provided in the former Part 5 – Compensation Division. These provisions have been moved to new sections 110, 111 and 113. This results in a reduction in the regulatory count and improves readability of the Regulation

Division 2 – rehabilitation and return to work coordinators

 

Retained without changes

 

Division 3 – standard for rehabilitation

 

Retained with amendment

The former sections 101 to 110 contained requirements that do not require regulating (e.g. contact with injured worker as soon as practicable but no actual timeframe specified). These have been deleted and replaced by sections 116 and 117 that require the Regulator to publish guidelines to assist duties holders undertake their functions without specifying a one-size-fits-all regulation

Part 7 – Damages

 

 

Section 111 Retained with amendment.

Former section 111 was a section over 5 pages long. The section has been replaced by new sections 118 to 125. This new format retains the policy outcome but improves readability and reduces complexity

 

 

Section 112 deleted

The former section 112 contained requirements that do not require regulating (e.g. specifying information that must be included in a fax cover sheet)

 

 

Sections 112A and 112B retained without changes

 

Part 7A – assessment of damages

 

 

Retained without changes

 

Part 8 – costs

 

 

Retained without changes

 

Part 8A – medical assessment tribunals

 

 

Retained without changes

 

Part 9 – Miscellaneous

 

 

Retained without changes except for:

  • section 119 (amended);

Former section 119 refers to recordkeeping requirements. The section contains reference to the requirements of state industrial relations legislation, which no longer applies in the private sector, and reference to a former Commonwealth taxation system 'prescribed payment system' that no longer applies. The new section 147 has been updated include relevant references

Part 10 – Transitional provisions

 

 

deleted

Former section 121 to 129 have been deleted as they were transitional provisions no longer required

Schedule 1 – additional premium

 

 

Retained without changes

 

Schedule 2A – Graduated scale for additional compensation for workers with terminal latent onset injuries

 

 

Retained without changes

 

Schedule 3 – Graduated scale of additional compensation for certain workers

 

 

Retained without changes

 

Schedule 4 – Graduated scale for additional compensation for gratuitous care

 

 

Retained without changes

 

Schedule 5 – Graduated scale of care required for payment of caring allowance

 

 

Retained without changes

 

Schedule 5A – High risk industries

 

 

deleted

In order to allow changes in the Australian and New Zealand Standard Industrial Classification to be more quickly reflected, schedule 5A is deleted and instead the Regulator must publish the list of high risk industries by gazette notice

Schedule 6 – Legal professional costs

 

 

Retained without changes

 

Schedule 7 – Designated courts and provisions that are a State's legislation about damages for work related injury

 

 

Retained with amendment

The former schedule did not include the Northern Territory. The new schedule 7 includes reference to the Northern Territory

Schedule 8 – Matters to which court is to have regard in the application of schedule 9

 

 

Retained without changes

 

Schedule 9 – Ranges of injury scale values

 

 

Retained without changes

 

Schedule 10 – Matters relevant to PIRS assessment by medical expert

 

 

Retained without changes

 

Schedule 11 – Psychiatric impairment rating scale

 

 

Retained without changes

 

Schedule 12 – General damages calculation provisions

 

 

Retained without changes

 

Schedule 13 – Dictionary

 

 

Retained without changes

Last updated
02 July 2018

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