Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2019

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 minister introducing the bill, supported the package of amendments to provide medical examinations for former coal workers, additional lump sum compensation for pneumoconiosis, workplace safety changes including the affected persons committee, and electrical licensing reforms.

“With this bill, the Palaszczuk government continues to deliver fairness in enhancing the workers compensation scheme, strengthening the electrical licensing framework and acknowledging the concerns of people affected by work related fatalities and serious injuries and illnesses.”— 2017-08-23View Hansard

As Minister for Employment and Industrial Relations, introduced the bill to improve the workers compensation scheme for workers with coal workers' pneumoconiosis (black lung), including medical examinations for retired coal workers, reopening claims for disease progression, and establishing a consultative committee for families affected by work-related fatalities.

“The Palaszczuk government is today introducing significant changes to improve the workers compensation scheme for workers who have been diagnosed or suspect they may have contracted coal workers' pneumoconiosis, also known as CWP, or black lung, or other types of coalminers' lung dust diseases such as silicosis, asbestosis or other pneumoconiosis.”— 2017-06-14View 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 committee chair, supported the bill describing its improvements to workers compensation for coal workers with CWP, the new affected persons consultative committee, and electrical licensing reforms.

“When passed tonight, the legislation will introduce a mechanism to improve the rigour of the electrical licensing framework and will ensure that the electrical safety regulator can obtain information about the competency of applicants for electrical work licences.”— 2017-08-23View 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

As committee member, supported the bill as coming together across the House to do great things for Queenslanders in light of the tragic re-emergence of black lung disease.

“The re-emergence of black lung disease in our coalmining industry should absolutely be above politics. It is a fundamental issue about the health and safety of coal workers throughout the state.”— 2017-08-23View 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

As former CWP Select Committee member, supported the bill for providing sliding scale compensation for workers affected by CWP and urged the government to fully implement the 68 select committee recommendations.

“While it is great to have the compensation sorted out, our real goal and our enduring and fundamental goal should be to ensure that no worker is ever diagnosed with CWP again.”— 2017-08-23View 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

As deputy chair of the CWP Select Committee, supported the bill as addressing the catastrophic regulatory failings that allowed black lung to re-emerge, praised the bipartisan approach, and acknowledged the minister's departmental officials' diligent work.

“This is a case of a catastrophic failing of the system and it does not necessarily lay with one particular government over another... we have had a bipartisan approach to addressing this.”— 2017-08-23View 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

As CWP Select Committee member, supported the bill as filling gaps identified through the committee process, and emphasised the importance of establishing a rigorous B reader program to Dr Bob Cohen's standard.

“It is important that the decision is made to act early in the best interests of our coalminers, many of whom are awaiting news of X-rays and assessments.”— 2017-08-23View 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

As CWP Select Committee member, supported the bill which would fix gaps in WorkCover for coal workers, highlighting his constituent Chris Byron's evidence and the bipartisan approach.

“The Workers' Compensation and Rehabilitation (Coal Workers' Pneumoconiosis) and Other Legislation Amendment Bill 2017 will fix those gaps in the system in relation to WorkCover.”— 2017-08-23View 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 as important for Mackay mining families, covering retired coal workers' medical examinations, reopening claims for disease progression, and the coroner's recommendations on electrical safety.

“This bill is about worker safety and ongoing support after an injury. I commend the bill to the House.”— 2017-08-23View 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 committee deputy chair, supported the bill as a fundamental safety issue above politics, but criticised the mines minister's response to the CWP issue and questioned the lack of clarity requiring four of five committee recommendations to seek clarification.

“This bill before the House is an excellent bill which is being supported by all members, I hope... I reiterate our support for any moves that protect worker safety now and in the future in terms of these life-threatening issues.”— 2017-08-23View 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

As chair of the CWP Select Committee, gave deeply personal testimony about her grandfather dying of black lung and her father's recent diagnosis. Supported the bill and urged bipartisan support for subsequent Mine Safety and Health Authority legislation.

“I implore everyone in this parliament to please get together and be united in this legislation and also in the legislation that we will bring in in relation to the Mine Safety and Health Authority. It is the least we can do for the miners of Queensland.”— 2017-08-23View 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 as the first step in addressing catastrophic failings over decades, noting the bill's technical complexity around the once-and-for-all rule and the contribution of the coal industry to Queensland.

“This is a necessary first step to address, as the member for Southern Downs said, catastrophic failures over decades.”— 2017-08-23View 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 noting its fierce bipartisan agreement, drew parallels with the asbestos related disease issues in her electorate, and thanked the families who got the legislation to the House.

“This is a truly bipartisan debate. The bill has support from both sides... we are in fierce agreement that this bill needs to be passed and that it is really important that it be passed.”— 2017-08-23View 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 as creating a safety net for coal workers who have contracted black lung, noting the Burdekin electorate now contains the majority of coalmines in Queensland.

“The Workers' Compensation and Rehabilitation (Coal Workers' Pneumoconiosis) and Other Legislation Amendment Bill is about drawing a line to ensure that the past and future workers of this state are afforded the protection they deserve.”— 2017-08-23View 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

As former coalminer, strongly supported the bill for providing stronger workers compensation protections for workers with black lung, shared his experience working underground in dusty environments, and criticised employers for losing sight of workers' safety.

“This is about workers suffering from black lung being able to access medical examinations and to be compensated as victims of what is a terrible, terrible disease.”— 2017-08-23View 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 while raising concerns about adequacy of the five-year weekly compensation limit, the potential for sliding scale to become a tool for insurers, and the need for fundamental workplace safety.

“It is a fundamental right that coalminers have a safe working environment. If mine owners are not prepared to meet these standards, they should not be operating in Queensland.”— 2017-08-23View 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

Strongly supported the bill as critical legislation for his Central Highlands coalmining constituents, emphasising its bipartisan nature and importance for affected workers and families.

“This is probably one of the most important pieces of legislation she will have carriage of in this term because it means so much to so many people.”— 2017-08-23View 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 committee member, supported the bill while criticising LNP members for having voted for the 2013 bill that cut off workers' common law rights at five per cent permanent impairment which would have excluded many CWP-affected workers.

“I commend the bill to the House for those workers it protects. I also recommend that we protect others who have impairments which may degenerate and that we protect them early through the WorkCover process.”— 2017-08-23View 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

As shadow mines minister, supported the bill as preparatory legislation ahead of more wideranging reforms to coalmine safety and health legislation expected from the CWP Select Committee recommendations.

“This preparatory legislation is really quite significant because we are getting ready to overcome what the member for Bundamba... and the member for Southern Downs have said could be a landmark situation, and we need to make sure that our workers compensation legislation is satisfactory to catch those people who are impacted.”— 2017-08-23View Hansard