Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2019
Plain English Summary
Overview
This bill makes a range of improvements to Queensland's workers' compensation scheme following a five-yearly independent review, strengthens protections for apprentices and trainees, requires Aboriginal or Torres Strait Islander representation on the TAFE Queensland Board, and repeals the now-redundant Commonwealth Games Arrangements Act 2011.
Who it affects
Injured workers gain better rehabilitation support and an easier pathway for psychological injury claims. Unpaid interns are covered by workers' compensation for the first time. Apprentices and trainees get stronger protections against unfair cancellation of their training contracts.
Workers' compensation improvements
Implements 12 recommendations from the independent review of Queensland's workers' compensation scheme, focused on improving the experience and outcomes for injured workers while maintaining a financially sound scheme.
- Rehabilitation and return to work support must continue even after compensation payments end, if the worker has not returned to work
- Psychological injury claims threshold lowered from employment being 'the major' significant contributing factor to 'a' significant contributing factor
- Workers with psychological injuries can access support services (counselling, mediation) while their claim is being assessed
- Unpaid interns are now covered by workers' compensation as deemed workers
- Employers can apologise to injured workers without it being treated as an admission of liability
- Workers with terminal work-related conditions no longer need a life expectancy of two years or less to access lump sum compensation
- Insurers can waive the six-month claim lodgement deadline if the worker develops incapacity later and lodges within 20 business days
- Self-insured employers must now report injuries and payments to their insurer, matching obligations of WorkCover-insured employers
Apprentice and trainee protections
Restores and strengthens protections that were lost when the Vocational Education Training and Employment Act 2000 was replaced, addressing concerns about vulnerable apprentices and trainees lacking bargaining power against employers.
- New process for contested cancellations of training contracts, with chief executive oversight and appeal rights to the Queensland Industrial Relations Commission
- Training contracts cannot be cancelled within 21 days of employment ceasing, to allow time for unfair dismissal applications
- Employers can apply for temporary suspension of up to 30 days if they cannot provide training, with stand-down provisions
- Chief executive or either party can apply to change the delivery mode of a training plan if an apprentice is not making sufficient progress
TAFE Queensland Board diversity
Requires that at least one member of the TAFE Queensland Board must be an Aboriginal person or Torres Strait Islander, promoting cultural diversity in governance of Queensland's premier public training provider.
- At least one TAFE Queensland Board member must be an Aboriginal person or Torres Strait Islander
Commonwealth Games Act repeal
Repeals the Commonwealth Games Arrangements Act 2011, which established GOLDOC to deliver the Gold Coast 2018 Commonwealth Games. The Games were successfully delivered and GOLDOC was dissolved in December 2018.
- Commonwealth Games Arrangements Act 2011 repealed in full as it is no longer needed
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee22 Aug 2019View Hansard
Referred to Education, Employment and Small Business Committee
The Education, Employment and Small Business Committee examined the bill over six weeks, receiving eleven submissions and holding a public hearing with legal and union stakeholders. The committee unanimously recommended the bill be passed, finding it appropriately implements twelve recommendations from the Peetz review of the workers' compensation scheme. Key areas of scrutiny included changes to psychological injury definitions, early intervention requirements for insurers, rehabilitation and return to work obligations, and the extension of workers' compensation coverage to unpaid interns.
Key findings (5)
- Seven of eleven submitters broadly supported the proposed changes to workers' compensation, while the remaining four raised specific concerns without opposing the bill overall.
- The committee accepted that aligning the psychological injury definition with other Australian jurisdictions (removing 'the major' qualifying factor) was unlikely to significantly increase accepted claims.
- Stakeholders broadly supported requiring insurers to provide early intervention support for psychological injury claims before the claim is decided, though some raised concerns about excluded hospital costs.
- The Queensland Law Society and Housing Industry Association raised concerns about whether employer apologies or expressions of regret could be used as evidence in criminal prosecutions under workplace health and safety laws.
- The committee found that extending workers' compensation to unpaid commercial interns would cost an estimated $140,000 to $185,000 across the scheme, with minimal impact on employer premiums.
Recommendations (1)
- The committee recommends the Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2019 be passed.
Committee report tabled
▸Second Reading17 Oct 2019View Hansard
▸19 members spoke19 support
As Minister for Industrial Relations, moved the second reading and defended the bill as implementing recommendations from the Peetz five-yearly review, emphasising improved support for workers with psychological injuries and restoration of rights removed by the previous LNP government.
“The Palaszczuk government believes that all injuries, whether physical or psychological, have an equal impact on the worker's ability to undertake work and should not be treated differently.”— 2019-10-17View Hansard
As shadow minister for industrial relations, confirmed the LNP would not oppose the bill but spent the majority of his speech crediting the LNP with achieving the lowest premiums in the country and criticising the government's review process as a closed-shop exercise.
“From the outset, I want to make it clear that the LNP will not be opposing this bill. We will, however, monitor the impact of these changes on the viability of the scheme in the short and long term.”— 2019-10-17View Hansard
As committee chair, commended the bill for returning the psychological injury threshold to 'significant contributing factor' and praised improvements for unpaid interns, rehabilitation coordinators and employer apologies.
“Surely work being a significant contributor to a worker sustaining a psychological or psychiatric injury in the workplace is a high enough threshold to facilitate access to the scheme.”— 2019-10-17View Hansard
As a committee member, supported the bill and highlighted the protections for apprentices and trainees as a mother of five sons entering trades.
“I am very proud that the LNP supports a strong and sustainable workers compensation system in Queensland.”— 2019-10-17View Hansard
Praised the workers compensation scheme as a great Labor policy, highlighting the return-to-work rate of 93.6 per cent and the importance of qualified rehabilitation coordinators.
“The workers compensation scheme is a great Labor policy and something that we believe in very strongly on this side of the House.”— 2019-10-17View Hansard
Expressed KAP support for the bill, drawing on personal experience of a workplace finger amputation to endorse the uninterrupted rehabilitation provisions, while noting employer concerns about mental health claim thresholds.
“The fact that there will be uninterrupted rehabilitation will put a lot of workers who have suffered an injury at ease.”— 2019-10-17View Hansard
Supported the bill as implementing the Peetz review's findings that the scheme is financially sound, highlighting the importance of the amendments for regional Queensland and TAFE training.
“The review found that the scheme is performing well; is financially sound; involves low costs for employers, which is important; and provides fair treatment for both employers and, most importantly, injured workers.”— 2019-10-17View Hansard
Supported the bill's training amendments but criticised the government's record on apprenticeship completions, which she said had fallen by nearly a third, and TAFE losses of $38 million.
“In relation to amendments to these acts, where there are aspects that support the employers and support the employees, they will be supported.”— 2019-10-17View Hansard
Spoke about meeting a constituent suffering from asbestosis and supported the amendments extending claim time limits for chronic illnesses and allowing employer apologies without liability.
“If an employer had the discretion simply to say, 'We are so sorry that you are hurting in this way; we may have not got everything right but we are so sorry and we value you,' it may have mitigated the psychological damage.”— 2019-10-17View Hansard
Supported the bill, particularly welcoming the extended claim timeframe for workers who soldier on after injury, citing a constituent case he had raised with the minister.
“There is nothing more tragic than legal or liability reasons preventing an employer from expressing heartfelt sorrow for a much valued employee injured at work.”— 2019-10-17View Hansard
As a former small business manager, supported the provisions allowing employer apologies without creating liability, drawing parallels to compassion in everyday life.
“An apology shows respect. It shows empathy for that other person and it can also lessen that person's feelings of despair and anger, prevent further misunderstandings and help repair relationships.”— 2019-10-17View Hansard
Supported the bill, highlighting the importance of workers compensation for high-risk industries in his electorate such as sawmills and abattoirs, and welcoming the recognition of mental health injuries.
“I do not think one side of the House has ownership of concerns with workers' welfare. I know that I have that concern. We will be supporting this bill.”— 2019-10-17View Hansard
Supported the bill, sharing the personal story of her late PE teacher Ian Flamank who was unable to claim workers compensation for terminal melanoma due to the six-month time limit.
“It is not like he was lazy or did not make the claim in time, because he did not have time. He did not make the claim in time because he did not know at the first diagnosis of melanoma it would end his life.”— 2019-10-17View Hansard
Supported the bill, focusing on the employer apology provisions and their importance for injured workers' recovery, while raising the Queensland Law Society's concerns about potential use in criminal proceedings.
“If this bill helps only one particular employee on a better and quicker road to recovery, then the bill has been a success.”— 2019-10-17View Hansard
Supported the bill's requirement for all employers to report injuries to their insurer, emphasising the importance of transparency for mining industry safety in the Bowen Basin.
“Removing the exemption for some employers to not report compensatable workplace injuries will ensure that, regardless of who an employer is insured with, an injured worker can expect to receive the same treatment for their injury.”— 2019-10-17View Hansard
Supported the bill as a former deputy chief medical officer, praising the alignment of employer apology provisions with open disclosure practices in the health sector, and welcoming the silicosis and mental health amendments.
“The changes within this legislation are consistent with other industry standards, including those that are now well established within our health sector industry.”— 2019-10-17View Hansard
Supported the bill and criticised the LNP's record, noting that the member for Kawana had ignored his own committee's recommendation to retain existing common law access provisions.
“When it comes to workers compensation in this state you cannot just talk the talk; you have to walk the walk.”— 2019-10-17View Hansard
Supported the bill while defending the LNP's 2013 review process as more comprehensive and transparent, and emphasising the need to monitor the scheme's financial viability.
“Whatever this government says today, they cannot rewrite history. It was the good work of the LNP in government that makes the scheme the best in the country.”— 2019-10-17View Hansard
As Minister for Training, supported the bill's amendments to the Further Education and Training Act to restore fairness for apprentices in contested cancellations and standdowns, and the TAFE Queensland Act to require Indigenous representation on the board.
“We have a responsibility to ensure that the contract they are signing is one that is fair and that those apprentices have access to the protections and support they need throughout the course of their apprenticeship.”— 2019-10-17View Hansard