Workers’ Compensation and Rehabilitation Act 2003

If the worker elects to seek treatment, care and support damages for the worker’s injury and the insurer considers the worker is a person under a legal disability, the insurer must apply to the court for an order sanctioning the notice.

Subsections (3) to (5) apply if the court considers the worker is a person under a legal disability.

The court—

must decide whether or not to sanction the election; and

may order that the worker, or a person acting for the worker, amend the notice of claim to remove the election; and

may make any other order the court considers appropriate.

In deciding whether to make an order under subsection (3), the court—

must consider the worker’s likely legal costs relating to the claim for damages; and

may consider any other matter the court considers relevant.

If the worker is an adult, the court may exercise all the powers of QCAT under the Guardianship and Administration Act 2000, chapter 3.

If the court exercises a power mentioned in subsection (5), the Guardianship and Administration Act 2000, section 245(3) to (6) applies in relation to the exercise of the power as if the court were acting under section 245(2) of that Act.

This section is subject to section 232Y.

In this section—

if a proceeding for the claim for damages has been brought in the District Court or the Supreme Court—the court hearing the proceeding; or

otherwise—the District Court or the Supreme Court.