Legislation update: Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill 2024
On 23 August 2024, new changes to workers’ compensation laws commenced which impact on the rights and responsibilities of workers, employers, insurers and rehabilitation and return to work providers.
What has changed?
On 23 August 2024, the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2024 (Amendment Act) commenced.
The Amendment Act amends the Workers’ Compensation and Rehabilitation Act 2003 and the Workers’ Compensation and Rehabilitation Regulation 2014, to give effect to the accepted legislative recommendations of the 2023 review of the operation of the Queensland workers’ compensation scheme.
The changes now in effect impact employers, insurers, workers and other duty holders, and include:
- strengthening rehabilitation and return to work (RRTW) processes by
- requiring insurers to have a written RRTW plan in place within 10 business days of a claim being accepted
- giving injured workers the right to request a different workplace rehabilitation provider if dissatisfied with the provider selected by their insurer
- introducing a new obligation on host employers to cooperate with labour hire providers to fulfil their RRTW obligations.
- increasing early intervention for physical injury claims to minimise the risk of an injured worker developing a secondary psychological injury
- new obligations on insurers and employers to facilitate the prompt payment of weekly compensation to injured workers who have an accepted claim
- expanding the compliance and enforcement tools available to the Workers’ Compensation Regulator
- providing greater support for firefighters by expanding the list of diseases presumed to be work-related (including new female cancers).
Further changes will commence at a future date (yet to be determined). These changes relate to covering gig workers, providing worker/employer scheme information statements, a framework for medical specialists undertaking permanent impairment assessments in the scheme, and standards for Workplace Rehabilitation Providers.
Why this is important
The changes aim to improve the process for injured workers, improve rehabilitation and return to work outcomes and address emerging scheme trends like the growth of psychological injury claims.
What actions can I take now?
As an employer, it’s important you understand the changes and what they mean for you. This includes:
- You must provide timely wage information to your insurer (within five business days of the insurer’s request) so they can calculate your worker’s weekly compensation entitlement.
- New penalties (up to $16,130) apply for failing to comply with your existing obligation to give an insurer written evidence if you consider it is not practicable to provide your worker with suitable duties.
- You cannot
- interfere or act inconsistently with your worker’s rights to choose their own treating medical practitioner
- be present during your worker’s medical treatment without your worker’s genuine consent
- prohibit your worker from seeking advice from a lawyer or their union.
- You have a right to seek advice from a lawyer or a registered industrial organisation about anything related to the scheme.
- You cannot give a worker a benefit (financial or other benefit) or cause detriment to a worker (e.g. threaten to dismiss or disadvantage) to influence them not to apply for compensation.
Keep your eye out for updates on the commencement of new obligations for providing workers with a Workers’ Compensation Information Statement at the start of their employment with you.
Your toolkit
- Read information on the changes and what they mean for workers, employers and insurers.
- Read the Amendment Act.
- Access and refer your workers to free, independent and confidential workers’ compensation information, advice and support services.
- You can contact the Workers’ Compensation Information Advisory Service for Employers.
- You can support your workers by providing them with details of the
- Workers’ Compensation Information Advisory Service for Workers
- Workers’ Psychological Support Service, a service that connects workers experiencing a work-related psychological injury with community services appropriate to their needs.
- Read the final report (PDF, 3.59 MB) of the 2023 independent review of Queensland's workers' compensation scheme, which found the scheme is still performing well and identified opportunities to address scheme trends and improve the workers’ compensation process for workers.