The Office of Industrial Relations (OIR), WorkCover Queensland and the Workers' Compensation Regulator fulfil different roles maintaining the scheme.
Developing workers' compensation legislation and policy
The Office of Industrial Relations implements the government's policy and legislative agenda and manages the wider nexus between workers' compensation and work health and safety.
Regulation of the workers' compensation scheme by the Regulator
Chapter 7 of the Workers' Compensation and Rehabilitation Act 2003 (the Act) provides for the establishment of the Workers' Compensation Regulator (the Regulator) whose primary function is to regulate the workers' compensation scheme. The Workers' Compensation Act 2003 - compliance and enforcement policy(PDF, 0.31 MB) sets out the principles taken to monitor and enforce compliance within the Act.
In enforcing the Act, the Regulator's functions include the following:
- monitoring the compliance of insurers with the Act
- monitoring the performance of insurers under the Act, including the consistent application of the Act
- deciding applications relating to self-insurance
- approving amounts payable under an industrial instrument for the purposes of section 107B of the Act
- undertaking reviews of decisions under chapter 13, part 2 and manage appeals under chapter 13, part 3 of the Act
- supporting and overseeing the efficient administration of medical assessment tribunals
- maintaining a database for scheme-wide reporting
- promoting education about the workers' compensation scheme
- collecting fees under the Act
- administering grants under the Act
- performing other functions given to the Regulator under the Act or another Act.
Provision of Insurance by WorkCover Queensland
Chapter 8 of the Act provides for the establishment of WorkCover Queensland, whose primary function is to provide accident insurance.
Chapter 8 of the Act prescribes that WorkCover is the exclusive provider of accident insurance, excluding arrangements for self insurers, and Chapter 2 of the Act details employers' obligations, including the employers' obligation to insure.
Monitoring of self-insurers
The Regulator's role in regulating self-insurers includes:
- monitoring compliance of insurers with workers' compensation legislation
- monitoring the performance of insurers under workers' compensation legislation
- licensing, auditing and legislative compliance.
The occupational health and safety performance of self-insurers is monitored through a system of auditing coordinated by OIR.
OIR is responsible for the administration of the occupational health and safety performance requirements for current and prospective self-insurers. This includes the coordination of audits with self-insurers and reporting of audit findings to the Workers' Compensation Regulator.
For further information please refer to the section on self-insurance.