Important amendments to the Workers’ Compensation and Rehabilitation Act 2003 commenced on 23 August 2024. Two of the amendments are discussed below.
s46A
Employers should be aware of the new section 46A of the Workers’ Compensation and Rehabilitation Act 2003 which makes it an offence to induce a worker to avoid the compensation process. Section 46A is set out below: –
”46A Employer must not take action to avoid compensation process
(1) An employer must not give a benefit or cause detriment to a person if the reason is to influence a worker who has sustained an injury to refrain from—
(a) making an application for compensation for the injury; or
(b) otherwise pursuing an entitlement to compensation for the injury.
Maximum penalty – 500 penalty units (the current value of a penalty unit is $161.30 i.e., $80,650.00)
(2) It does not matter if the reason is the only or main reason, as long as it is a substantial reason.
(3) An employer gives a benefit to a person if the employer —
(a) gives or offers to give the worker or another person a financial or other benefit; or
(b) causes or permits someone else to give or offer to give the worker or another person a financial or other benefit.
(4) An employer causes detriment to a person if the employer causes detriment to the worker or another person.”
Discussion Point
The most obvious benefit an employer may offer could be to pay medical expenses or sick leave out of their own pocket. An obvious detriment may be rescinding an offer to give a benefit to the worker or others if a milestone of injury-free days is not achieved.
s46B
Section 46B was introduced, requiring employers to give workers an Information Statement before or as soon as practicable after a worker starts employment, providing information about the workers’ compensation scheme, which complies with the Workers’ Compensation and Rehabilitation Regulation 2014.
Section 144D of the Regulation was introduced to enable the Workers’ Compensation Regulator to approve Information Statements regarding: –
- Making an application for compensation for injury;
- Choosing registered persons to provide medical treatment;
- Choosing who is present during medical treatment;
- Choosing a different workplace rehabilitation provider if dissatisfied with the provider chosen by the workers’ compensation insurer;
- Being consulted in the preparation review of a rehabilitation and return-to-work plan;
- Seeking advice and support from a lawyer.
The Information Statements were required to be provided from 1 January 2025. However, the draft Information Statement has not yet been approved by the Workers’ Compensation Regulator, so the obligation to provide the Information Statements will not apply until further notice.
By clicking on this link, you can access statements for workers compensation insurers available on the WorkSafe Queensland website which summarise obligations of insurers and employers under the Queensland workers’ compensation scheme and other relevant information.
