Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2019
Bill Journey
Plain English Summary
Overview
This bill improves Queensland's workers' compensation scheme based on an independent review, while also strengthening protections for apprentices and trainees, requiring Indigenous representation on the TAFE Queensland Board, and repealing the now-redundant Commonwealth Games Act.
Who it affects
Primarily benefits injured workers (especially those with psychological injuries), unpaid interns, and apprentices or trainees facing unfair treatment. Employers face new reporting requirements but can now apologise to injured workers without legal risk.
Workers' compensation reforms
Implements 12 recommendations from the scheme's five-year review to improve outcomes for injured workers. Makes it easier to claim for psychological injuries, extends rehabilitation support, and covers unpaid interns.
- Workers with psychological injuries only need work to be 'a significant' contributing factor (not 'the major significant' factor) to claim compensation
- Support services available for workers with psychological injuries while their claims are being assessed
- Rehabilitation and return-to-work programs continue even after compensation entitlements end
- Unpaid interns now covered by workers' compensation
- Workers with terminal conditions no longer need less than 2 years life expectancy to access lump sum payments
- Employers can apologise to injured workers without it being used as evidence of liability
Apprentice and trainee protections
Restores protections that were removed in 2014, recognising that apprentices and trainees don't have equal bargaining power with employers. The chief executive can now intervene in disputes.
- Chief executive can cancel training contracts when parties disagree, with appeal rights to the Queensland Industrial Relations Commission
- New process for employers to apply for temporary suspension of training contracts
- Training contracts cannot be cancelled during unfair dismissal appeal periods
- Cancelled contracts can be re-registered if unfair dismissal appeals succeed
TAFE Queensland Board diversity
Requires at least one member of the TAFE Queensland Board to be an Aboriginal or Torres Strait Islander person.
- At least one board member must be Aboriginal or Torres Strait Islander
- Board remains validly constituted until first Indigenous member is appointed after commencement
Commonwealth Games Act repeal
Repeals the Commonwealth Games Arrangements Act 2011, which is no longer needed after the successful Gold Coast 2018 Commonwealth Games.
- Commonwealth Games Arrangements Act 2011 repealed in its entirety