Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill 2024
Plain English Summary
Overview
This bill overhauls Queensland's workers' compensation system based on a 2023 independent review, while also updating industrial relations and labour hire licensing laws. It strengthens rehabilitation requirements, speeds up payments to injured workers, expands cancer protections for firefighters, and lays the groundwork for future gig worker coverage.
Who it affects
Injured workers get faster payments and stronger rehabilitation rights. Firefighters gain expanded cancer presumptions. Employers and insurers face higher penalties for non-compliance. Queensland state system employees receive improved parental leave.
Workers' compensation reform
Implements 26 legislative recommendations from the 2023 scheme review. Key changes include mandatory return-to-work plans within 10 business days, default weekly payments at 55% of QOTE while entitlements are calculated, early intervention for secondary psychological injuries, and expanded enforcement tools including compliance notices.
- Default weekly payment of 55% of QOTE starts within 5 business days of an accepted claim if wage information is unavailable
- Return-to-work plans must be in place within 10 business days of claim acceptance
- Insurers must take reasonable steps to prevent secondary psychological injuries from physical injuries
- Workers can choose their own treating doctor and rehabilitation provider
- Employers cannot offer incentives or cause detriment to discourage compensation claims
- New compliance notice system for the Workers' Compensation Regulator
- Maximum penalties significantly increased — up to 1,000 penalty units for insurer rehabilitation failures
Firefighter cancer presumptions
Adds 10 additional cancers to the list of presumptive diseases for firefighters, bringing the total to 22. Day work rotation now counts toward qualifying service periods, improving access to the presumption.
- Ten new cancers added including liver, lung, skin, cervical, ovarian, pancreatic, penile, and thyroid cancers plus asbestos-related diseases and mesothelioma
- Oesophageal cancer qualifying period reduced from 25 to 15 years
- Day work rotation and exposure to firefighting hazards count toward qualifying periods
Labour hire worker rehabilitation
Requires host employers who use labour hire workers to cooperate with the labour hire provider on rehabilitation, including providing suitable duties where reasonable.
- Host employers must take reasonable steps to support labour hire workers' rehabilitation
- Non-compliance carries a maximum penalty of 300 penalty units
Gig worker coverage framework
Creates a regulation-making power to extend workers' compensation to gig workers classified as 'employee-like' under Commonwealth Fair Work laws. No regulation is in effect yet — this provides a framework for future action.
- Head of power to prescribe gig workers as 'workers' for compensation purposes via regulation
- Limited to regulated workers covered by Fair Work Commission minimum standards orders or collective agreements
- Coverage is not automatic — each extension requires separate regulatory impact analysis
Parental leave and employment standards
Updates the Industrial Relations Act to improve parental leave for Queensland state system employees and add superannuation to employment standards.
- Unpaid flexible parental leave increased from 30 to 100 days
- New late term pregnancy leave available from 6 weeks before expected birth date
- Superannuation contributions added to Queensland Employment Standards
- Unpaid wages claim threshold increased from $50,000 to $100,000
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee11 May 2021View Hansard
Referred to Education, Employment and Training Committee
The Education, Employment, Training and Skills Committee examined the bill over approximately seven weeks, receiving submissions from 17 stakeholders including unions, employer groups, legal bodies, and gig economy platforms. The committee recommended the bill be passed, while also recommending further consultation on proposed changes to appeal pathways for Queensland Industrial Relations Commission full bench decisions. The government accepted the passage recommendation and, in response to stakeholder concerns from the Queensland Law Society and Queensland Council of Unions, agreed to remove the QIRC appeal pathway clauses from the bill for further consultation.
Key findings (5)
- The bill would allow gig economy workers to be brought into the workers' compensation scheme if the Fair Work Commission makes minimum standards orders for regulated workers, following a recommendation from the 2018 scheme review.
- Stakeholders broadly supported extending workers' compensation coverage to gig workers, noting they are vulnerable to workplace injuries and unlikely to hold voluntary personal injury insurance.
- The Queensland Law Society and Queensland Council of Unions raised concerns about proposed changes to QIRC appeal pathways, leading the government to agree to remove those clauses.
- Amendments to the Labour Hire Licensing Act to allow electronic service of documents were generally supported, though the Local Government Association of Queensland flagged internet access issues in regional and rural areas.
- The committee received 17 submissions from organisations including DoorDash, Maurice Blackburn Lawyers, Master Builders Queensland, and the United Firefighters' Union Queensland.
Recommendations (2)
- The committee recommends the Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2024 be passed.
- The committee recommends further consultation be undertaken with stakeholders on proposed amendments to the Industrial Relations Act 2016 relating specifically to the appeal pathways for full bench decisions of the Queensland Industrial Relations Commission.
Committee report tabled
▸Second Reading11 May 2021View Hansard
▸14 members spoke13 support1 mixed
Supports the workers compensation reforms, noting the Queensland WorkCover system is excellent and endorsing the 54 recommendations from the 2023 review.
“In conclusion, this side of the House approves of the bill.”— 2024-08-22View Hansard
As Minister, introduced and commended the bill, highlighting nation-leading workers compensation reforms including expanded deemed diseases for firefighters, gig worker protections, enhanced rehabilitation requirements, and CFMEU administration amendments.
“Queensland's workers compensation scheme provides nation-leading coverage and benefits to support injured workers and their families at the lowest possible cost to Queensland employers.”— 2024-08-21View Hansard
Strongly supports the bill as Minister for Fire and Disaster Recovery, highlighting the expansion of presumptive cancer provisions for firefighters and Rural Fire Service volunteers to include 10 additional diseases.
“These changes will mean Queensland firefighters will have the most comprehensive list of deemed diseases of all workers and jurisdictions in the country.”— 2024-08-22View Hansard
Strongly supported the bill, particularly the expansion of deemed diseases for firefighters, speaking at length about the traumatic work firefighters undertake and the importance of ensuring they can access workers compensation quickly.
“It is strange that we still refer to them as 'firefighters', because we know that their role is so much more than fighting fires.”— 2024-08-22View Hansard
Supported the workers compensation bill including expanded deemed diseases for firefighters and protections against employers circumventing the compensation process. Also supported the CFMEU administration amendments but foreshadowed his own amendment to require 24-hour notice for entry permit holders.
“The LNP will be supporting the workers compensation bill as it goes through tonight. There are some good amendments in there.”— 2024-08-21View Hansard
Supported the bill, particularly the extension of workers compensation to gig economy workers, while criticising the parliament for having allowed Uber to disrupt the regulated taxi industry without worker protections in the first place.
“Now we have this legislation before us. Funnily enough, in the first place some of the arguments around Uber were about removing regulation and legislation to let the market open right up. Here we are, about six or seven years later, debating regulation and legislation around workers compensation to try to protect those workers.”— 2024-08-22View Hansard
Supported both bills, thanking rural fire brigades in her electorate and highlighting the additional protections for firefighters as fantastic.
“I think the additional protections the bill will provide our firefighters are fantastic.”— 2024-08-22View Hansard
Spoke in support of the bill's reforms to psychological injury support, basic weekly payments for injured workers, expanded deemed diseases for firefighters from 12 to 22, and workers' rights to choose treating practitioners and rehabilitation providers.
“I congratulate the Premier and the minister for this nation-leading reform. It responds to scientific evidence that occupational exposure in the firefighting profession is carcinogenic to humans.”— 2024-08-21View Hansard
As Minister, supported the bills and explained the provisions for gig workers would allow coverage once the federal Fair Work Commission makes determinations about worker status.
“We will be acting as soon as we can to get a consistent national approach. If they want to be independent contractors and the commission deems they are independent contractors, then they do not meet the definition of worker. Should that be reversed, we then have the ability to go in and cover them.”— 2024-08-22View Hansard
Supported the bill, defending the role of unions in protecting workers' rights and praising the government's record on worker safety since 2015.
“There is strength in collectiveness of workers when looking after their rights and making sure that workers are protected.”— 2024-08-22View Hansard
Acknowledged advantages in the bill while opposing provisions that enhance union entry powers and photography rights on worksites, arguing the Labor government has a conflict of interest in legislating benefits for affiliated unions.
“The LNP would never be party to the expansion of nefarious powers such as being able to take photographs in contested industrial environments and not have to erase them.”— 2024-08-21View Hansard
Supported the bill's expansion of deemed diseases for firefighters from 12 to 22, including recognition of cancers affecting female firefighters, and amendments to the Labour Hire Licensing Act.
“The Queensland system is recognised as one of the leaders in the nation and this government is committed to maintaining that standard.”— 2024-08-21View Hansard
Supported the bill's extension of workers compensation to gig workers, enhanced rights for workers to choose treating doctors and rehabilitation providers, expanded deemed diseases for firefighters, and requirement for employers to provide information statements at commencement of employment.
“It is only when workers are taken care of that we can continue to build our economy and provide a workforce that industry and business need to ensure their success and that of our state.”— 2024-08-21View Hansard
Supported the bill's presumptive legislation for firefighters and extension of workers compensation to gig workers, drawing on his 25 years of experience as a union official to argue for the importance of proper compensation for all workers.
“Our No. 1 priority is that there is no injury or death at work. In the terrible situations where that occurs, we must ensure there is proper compensation.”— 2024-08-21View Hansard
Assent date: 20 May 2021
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