Workers’ Compensation and Rehabilitation Act 2003

section 7

accept, for awarded treatment, care and support damages, for chapter 4A, part 5, see section 232U.

acceptance period, for awarded treatment, care and support damages, for chapter 4A, part 5, see section 232U.

accident insurance see section 8.

accredited rehabilitation and return to work program, of an insurer, means a rehabilitation and return to work program managed by the insurer that is accredited by the Regulator.

accredited workplace see section 45.

aggravation includes acceleration.

aircraft includes a machine, glider or apparatus designed to fly by gaining support from the atmosphere.

amount, for chapter 3, part 1A, see section 107A.

amount payable—

amount payable under an industrial instrument...

appeal body, for chapter 13, part 3, division 1, see section 548A.

apology, for chapter 5, part 14, see section 320G.

approved form see section 586.

approved service, for an eligible worker, for chapter 4A, see section 232I.

arrangement, for schedules 2 and 3, includes agreement, promise, scheme, transaction, understanding and undertaking (whether express or implied).

associate, of a law practice for chapter 6B, see the Legal Profession Act 2007, section 7(1).

associated person, of an investigated person, see section 532L.

attendant care and support services, for chapter 4A, see section 232I.

authorised auditor...

authorised person means—

Authority...

Authority employee...

awarded, in relation to treatment, care and support damages, for chapter 4A, part 5, see section 232U.

bank guarantee...

board, for chapter 8 and chapter 9, part 1, means WorkCover’s board.

building and construction industry, for chapter 14, part 1A, see section 576A.

calling means any activity ordinarily giving rise to the receipt of remuneration or reward including self-employment or the performance of an occupation, trade, profession, or carrying on of a business, whether or not the person performing the activity received remuneration.

chapter 4A eligibility criteria, for a serious personal injury, means criteria for the injury prescribed under section 232M(2)(a).

chest image means an x-ray or other medical image of a person’s chest.

chest x-ray examination means an examination of an x-ray taken of a person’s chest—

chief executive (health) means the chief executive of the department in which the Medicines and Poisons Act 2019 is administered.

chief executive officer means WorkCover’s chief executive officer appointed under section 442.

claim—

claimant—

classification group employer means 2 or more employers that are in—

coal mine dust lung disease means a respiratory disease caused by exposure to coal dust.

Examples—

• chronic obstructive pulmonary disease

• coal workers’ pneumoconiosis

• dust-related diffuse fibrosis

• mixed dust pneumoconiosis

compensation see section 9.

compensation under this part, for chapter 3, part 8, see section 143.

community service obligations of WorkCover, see section 409.

compliance notice see section 537C(1).

complying notice of claim means a notice of claim that complies with section 275.

compulsory conference see section 289.

construction project, for chapter 14, part 1A, see section 576A.

construction work, for chapter 14, part 1A, see section 576A.

contracted hospital see section 215.

contract of service includes an apprenticeship contract or traineeship contract under the Vocational Education, Training and Employment Act 2000.

contractor means a person who has contracted with someone else for the performance of work or provision of a service.

contribution claim, for chapter 5, see section 233.

contribution notice see section 278A.

contributor means a person added as a contributor under section 278A.

contributor’s response...

contributory negligence see the Law Reform Act 1995, section 10.

conviction means a finding of guilt, or the acceptance of a plea of guilty, by a court.

councillor has the meaning given by the Local Government Act 2009.

court means the court having jurisdiction in relation to the amount or matter referred to.

damages see section 10.

deemed levy...

deemed premium...

dependant see section 27.

dependency claim means a claim in relation to a fatal injury brought on behalf of a deceased’s dependants or estate.

director, of a corporation, includes—

dismiss, for chapter 4, part 6, see section 232A.

doctor means a registered medical practitioner.

DPI see section 179(1).

due date means the day an amount becomes payable under this Act or under a premium notice.

dust-related condition see the Civil Liability Act 2003, schedule 2.

duty, for chapter 5, part 8, see section 305.

duty of care, for chapter 5, part 8, see section 305.

elect, in relation to a worker seeking treatment, care and support damages for the worker’s injury, for chapter 4A, part 5, see section 232U.

elective hospitalisation see section 215.

eligibility criteria, for chapter 4A, see section 232M(2)(a).

eligibility period, for an eligible worker, for chapter 4A, see section 232L(3).

eligible employee see section 36EC.

eligible person see section 23.

eligible worker, for chapter 4A, see section 232I.

employ, for chapter 1, part 4, division 6, subdivision 3B, see section 36B.

employee of the employing office see section 475F(2).

employee organisation means an organisation of employees that is a registered industrial organisation.

employer see section 30.

employing office means the WorkCover Employing Office established under section 475A.

employment process, for chapter 14, part 1, division 1, see section 571A.

employs 30 or more workers...

event see section 31.

examination application see section 325B(1).

excess period see section 65.

excluded treatment, care or support, for chapter 4A, see section 232K.

executive officer means the executive officer of the employing office appointed under section 475D.

exit date, for a non-scheme employer, means the date on which an employer becomes a non-scheme employer.

expression of regret, for chapter 5, part 14, see section 320C.

false or misleading disclosure, for chapter 14, part 1, division 1, see section 571A.

firefighter see section 36B.

first responder see section 36EB.

former Act means—

former coal worker see section 325A.

former position, for chapter 4, part 6, see section 232A.

former tribunal, for chapter 11, part 3, see section 499.

fully funded, in relation to WorkCover, means fully funded as provided by section 453.

funding agreement, for chapter 4A, see section 232Q(2).

future loss for chapter 5, part 9, see section 306.

general damages, for chapter 5, part 9, see section 306.

general limitation period see section 302(1)(a).

GEPI...

government entity has the meaning given by the Public Sector Act 2022, section 276, and includes a GOC.

group employer means a classification group employer or related bodies corporate group employer.

group training organisation, for schedules 2 and 3, means a group training organisation under the Vocational Education, Training and Employment Act 2000.

hospital see section 215.

hospitalisation, of a worker, means the admission of the worker in a private hospital or public hospital for medical treatment for the worker’s injury.

ILO classification guidelines means the document called ‘Guidelines for the use of the ILO International Classification of Radiographs of Pneumoconioses’, revised edition 2011, published by the International Labour Office.

impairment see section 37.

increased pneumoconiosis score see section 128I(1)(b) and (2)(c).

Industrial Act see section 107A.

industrial deafness means loss of hearing (other than total loss of hearing in either ear) caused by excessive noise.

industrial instrument means—

injured worker, for chapter 4, part 6, see section 232A.

injury—

injury scale value see section 306O.

insurer—

interim period, for an eligible worker, for chapter 4A, see section 232I.

intern see schedule 2, part 1, section 7.

intoxicated, in relation to a person, means that the person is under the influence of alcohol or a drug to the extent that the person’s capacity to exercise proper care and skill is impaired.

investigated person see section 532L.

investigator see section 532L.

labour hire agency, for schedules 2 and 3, means an entity, other than a holding company, that conducts a business that includes the supply of services of workers to others.

latent onset injury means an insidious disease.

law practice, for chapter 6B, see the Legal Profession Act 2007, schedule 2.

law practice certificate see section 325F.

local government group employer means a group employer whose members are all local governments.

local government self-insurer means a self-insurer that is a single local government or a local government group employer.

lodgement age, in relation to an injury sustained by a worker, means the age of the worker when the worker lodges an application under section 132 for compensation for the injury.

loss of earnings for chapter 5, part 9, see section 306.

lung disease examination, of a person, means an examination of the person that includes each of the following procedures, whether carried out at the same time or at different times—

maximum statutory compensation, means an amount equal to the amount of compensation payable under chapter 3, part 6.

medical assessment tribunal means a medical assessment tribunal established under chapter 11.

medical condition means a condition of a medical nature that is not an injury under section 32.

medical treatment means—

member of the family, of a deceased worker, see section 28.

minor injury means an injury of a person that does not require the hospitalisation of the person as an in-patient to properly treat the injury.

motor vehicle includes—

non-Queensland government entity means—

non-reviewable decision see section 548.

non-scheme employer means an employer that—

non-scheme member see section 105K.

normal weekly earnings see section 106.

notice of assessment means a notice of assessment of permanent impairment issued by an insurer under section 185.

notice of claim means a notice under section 275 that a claimant intends to seek damages for an injury sustained by the claimant.

nurse practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession, other than as a student, whose registration is endorsed as being qualified to practice as a nurse practitioner.

NWE means normal weekly earnings.

obvious risk, for section 305H, see section 305I.

occupier, of a place, includes the following—

of, a place, includes at or on the place.

offence warning, for a requirement by an authorised person, means a warning that, without a reasonable excuse, it is an offence for the person of whom the requirement is made not to comply with it.

offer—

OHS report, for chapter 2, part 4, means a report about occupational health and safety performance prepared under the Work Health and Safety Act 2011, schedule 2, part 3.

outstanding liability see section 87(1)(b).

owner, of a thing that has been seized under chapter 12, part 1, division 2, subdivision 2, includes a person who would be entitled to possession of the thing had it not been seized.

party, for chapter 5, see section 233.

payable amount...

payment request, for chapter 4A, see section 232Q(3).

period of insurance means the period of accident insurance cover specified in a policy, policy renewal certificate or premium notice.

permanent impairment see section 38.

personal injury, to a person, includes damage to or destruction of—

person under a legal disability, for chapter 4A, part 5, see section 232U.

place of employment means the premises, works, plant, or place for the time being occupied by, or under the control or management of, the employer by whom a worker concerned is employed, and in, on, at, or in connection with which the worker was working when the worker sustained injury.

pneumoconiosis band see section 128G(3).

pneumoconiosis score see section 36F.

policy means a policy for a contract of accident insurance, and includes a policy under a former Act.

pre-existing injury or medical condition, for chapter 14, part 1, division 1, see section 571A.

pre-existing stable business relationship, for a classification group employer, includes—

premium notice means a notice issued by WorkCover of an assessment of premium, a default assessment of premium, or a reassessment of premium.

prescribed disfigurement...

previous respiratory function examination, in relation to a lung disease examination of a person, means an examination of the person’s respiratory function that was carried out—

principal contractor, for a construction project for chapter 14, part 1A, see section 576B.

private hospital see section 215.

private patient see section 215.

prospective employer, for chapter 14, part 1, division 1, see section 571A.

prospective worker, for chapter 14, part 1, division 1, see section 571A.

provider of workplace rehabilitation services means a person who provides services for the rehabilitation of a worker, but does not include the worker’s employer.

psychiatrist means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in the specialty of psychiatry, other than as a student.

public hospital see section 215.

public patient see section 215.

QOTE, for a financial year, see section 10A(1).

reasonably means on grounds that are reasonable in all the circumstances.

redemption payment means a payment under section 171, 172 or 173.

registered means—

registered person means a registered person of a description mentioned in the definition medical treatment.

registered industrial organisation means an organisation under—

Regulator see section 326(2).

Regulator’s office means the office of the department in which the Regulator predominantly works.

rehabilitation see section 40.

rehabilitation and return to work coordinator see section 41.

rehabilitation and return to work plan...

rehabilitation coordinator...

related bodies corporate group employer means 2 or more employers who are related bodies corporate.

related body corporate has the meaning given by the Corporations Act.

relevant contractor, for a construction project for chapter 14, part 1A, see section 576A.

relevant document, for chapter 11, parts 3 and 4, see section 499.

relevant volunteer, for chapter 1, part 4, division 6, subdivision 3BA, see section 36EA.

representative, for chapter 11, part 4, see section 510A.

required minimum number, for chapter 8, part 4, division 2, see section 429.

residual liability see section 87(1)(a).

review decision see section 545.

scheme directions means scheme directions in force under section 329A.

section 84 security means a security given under section 84.

self-insurer means a single employer or group employer licensed under chapter 2, part 4.

self-insurer’s workers means the workers employed by a self-insurer before the issue of the self-insurer’s licence or during the period of the self-insurer’s licence.

serious and wilful misconduct of a worker does not include conduct engaged in at the express or implied direction of the worker’s employer.

serious personal injury means an injury that is—

service request, for chapter 4A, see section 232P(1).

ship means any kind of vessel used in navigation by water, however propelled or moved, and includes—

single employer—

single pension rate, for chapter 3, part 9, division 4, means the amount of the maximum single disability support pension payable from time to time under a Commonwealth law, but does not include an amount for allowances, for example, rent assistance or family payment.

specialist means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in a recognised specialty, other than as a student.

specified disease see section 36B.

specified volunteer firefighter means a person to whom section 36D applies, if the person was a volunteer firefighter for any period of the person’s employment as a firefighter mentioned in section 36D(1)(b).

spouse of a deceased worker, see section 29.

structured settlement, for chapter 5, part 9, division 4, see section 306Q.

student for chapter 3, part 11, see section 195.

substantive law, for chapter 6, see section 322.

suitable duties see section 42.

superannuation contribution means a superannuation contribution under the Payroll Tax Act 1971.

supervising principal, for chapter 6B, see section 325E.

support plan, for chapter 4A, see section 232O(1)(b).

suspects includes believes.

table of costs means the table of costs for the provision of the relevant ambulance transportation, medical treatment, rehabilitation or other goods or services for the time being as decided by WorkCover to be acceptable for this Act.

table of injuries...

terminal condition see section 39A.

this Act for chapter 5, includes a former Act.

total liability, for chapter 2, part 4, means the total of the following—

treatment, care and support damages, in relation to a worker, see section 232I.

treatment, care and support needs, of a worker, see section 232J.

treatment, care and support payments, for a worker who has sustained an injury, see section 232I.

tribunal, other than in section 114(4), means a medical assessment tribunal.

usual employment see section 107C.

vehicle for section 36, means a motor vehicle, bicycle, aircraft, train, boat or anything else used to carry persons or goods from place to place, even if the vehicle is incapable of use because of mechanical defect or because a part has been removed.

volunteer firefighter means a person mentioned in section 36B, definition firefighter, paragraph (b), (c) or (e).

wages means the total amount paid, or provided by, an employer to, or on account of, a worker as wages, salary or other earnings by way of money or entitlements having monetary value, but does not include—

WorkCover means WorkCover Queensland.

WorkCover employee means—

WorkCover Queensland means WorkCover Queensland established under section 380.

worker—

workers’ compensation certificate protocol means a document stating the circumstances or conditions under which a nurse practitioner may issue a certificate under section 132(3)(a), that is—

Workers’ Compensation Regulatory Authority...

work performance arrangement means an arrangement under which an employee of a government entity or non-Queensland government entity performs work for another government entity or non-Queensland government entity.

workplace—

workplace rehabilitation see section 43.

workplace rehabilitation policy and procedures see section 44.

work related impairment...

WRI...

written final offer, for chapter 5, see section 233.