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WORKERS' COMPENSATION AND REHABILITATION AND OTHER ACTS AMENDMENT BILL 2007

          Queensland



Workers' Compensation and
Rehabilitation and Other Acts
Amendment Bill 2007

 


 

 

Queensland Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 2 Amendment of Workers' Compensation And Rehabilitation Act 2003 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Amendment of s 5 (Workers' compensation scheme) . . . . . . . . . 8 5 Amendment of s 41 (Meaning of rehabilitation and return to work coordinator) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6 Amendment of s 50 (When an employer contravenes the general obligation to insure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7 Amendment of s 134 (Decision about application for compensation) ................................... 9 8 Amendment of s 150 (Total incapacity--workers whose employment is governed by an industrial instrument) . . . . . . . . . 9 9 Amendment of s 151 (Total incapacity--workers whose employment is not governed by industrial instrument) . . . . . . . . . 10 10 Amendment of s 152 (Total incapacity--certain contract workers) 10 11 Amendment of s 157 (Total incapacity) . . . . . . . . . . . . . . . . . . . . 11 12 Amendment of s 159 (Total incapacity) . . . . . . . . . . . . . . . . . . . . 11 13 Amendment of s 160 (Total incapacity--reference about impairment to medical assessment tribunal) . . . . . . . . . . . . . . . . 12 14 Amendment of s 174 (Calculation of redemption payment) . . . . . 12 15 Insertion of new ch 3, pt 10, div 1A . . . . . . . . . . . . . . . . . . . . . . . 13 Division 1A Advances on lump sum compensation 178A Advances on account . . . . . . . . . . . . . . . . . . . . . . . . . 13

 


 

2 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 16 Amendment s 192 (Additional lump sum compensation for certain workers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17 Amendment of s 194 (Application and object of pt 11). . . . . . . . . 14 18 Omission of s 203 (Reduction of amount payable on death) . . . . 14 19 Replacement of ch 3, pt 13 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 14 20 Insertion of new s 207AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 207AA Definition for ch 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 21 Insertion of new s 235A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 235A Date of doctor's consultation taken to be date of injury ................................ 15 22 Amendment of s 245 (Claimant with more than 1 injury from an event) ........................................... 15 23 Omission of s 246 (Claimant may ask for injury to be assessed for permanent impairment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 24 Relocation and renumbering of s 272 (Insurer's charge on damages for compensation paid) . . . . . . . . . . . . . . . . . . . . . . . . . 15 25 Amendment of s 330 (General statement of Authority's functions) ..................................... 15 26 Amendment of s 364 (Funds and accounts) . . . . . . . . . . . . . . . . 16 27 Amendment of s 479 (Amounts payable by Authority on Minister's instruction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 28 Amendment of s 586 (Approval of forms). . . . . . . . . . . . . . . . . . . 16 29 Insertion of new ch 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Chapter 21 Transitional provisions for Workers' Compensation and Rehabilitation and Other Acts Amendment Act 2007 648 Definition for ch 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 649 Decision about application for compensation . . . . . . . 17 650 Weekly payment for total incapacity . . . . . . . . . . . . . . 17 651 Additional lump sum compensation for certain workers .............................. 17 652 Reduction of amount payable on death . . . . . . . . . . . 18 653 More than 1 injury from an event . . . . . . . . . . . . . . . . 18 654 Compensation claim costs and third parties . . . . . . . 18 Part 3 Amendment of Electrical Safety Act 2002 30 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 31 Amendment of s 12 (Meaning of dangerous electrical event) . . . 18 32 Amendment of s 44 (Code of practice about discharging electrical safety obligation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

 


 

3 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 33 Amendment of s 56 (Requirement for electrical contractor licence) ....................................... 19 34 Insertion of new ss 57AA-57AC. . . . . . . . . . . . . . . . . . . . . . . . . . 20 57AA Employer or self-employed person must ensure workers are appropriately licensed. . . . . . . . . . . . . . . 20 57AB Employers and self-employed persons must keep register of licensed workers . . . . . . . . . . . . . . . . . . . . 20 57AC Licence holder engaged by employer or self- employed person must notify particular changes . . . . 21 35 Amendment of s 64A (Chief executive may ask for further information or documents from licence holder) . . . . . . . . . . . . . . 22 36 Amendment of s 109 (Electrical licence issued by chief executive) ..................................... 22 37 Amendment of s 110 (External licence) . . . . . . . . . . . . . . . . . . . . 24 38 Replacement of ss 111 and 112. . . . . . . . . . . . . . . . . . . . . . . . . . 24 111 Electrical contractor licence issued by chief executive but no longer in force . . . . . . . . . . . . . . . . . 24 112 Penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 39 Amendment of s 116 (Disciplinary hearing notice). . . . . . . . . . . . 25 40 Amendment of s 120 (Licensing committee to keep record of disciplinary hearing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 41 Insertion of new s 136A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 136A Chief executive may ask for further information or documents from accredited auditor . . . . . . . . . . . . . . 26 42 Amendment of s 146 (Inspector's power to seize unsafe electrical equipment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 43 Insertion of new s 146A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 146A Inspector's power to seize other unsafe electrical equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 44 Amendment of s 150 (Forfeiture of seized thing) . . . . . . . . . . . . . 28 45 Amendment of s 151 (Return of seized thing) . . . . . . . . . . . . . . . 28 46 Insertion of new s 151A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 151A Returning seized electrical equipment that is not electrically safe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 47 Insertion of new ss 205A and 205B . . . . . . . . . . . . . . . . . . . . . . . 29 205A Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 205B Giving information to corresponding entity . . . . . . . . . 30 48 Amendment of s 210 (Regulation-making power) . . . . . . . . . . . . 32 49 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 32

 


 

4 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 Part 4 Amendment of Industrial Relations Act 1999 50 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 51 Amendment of s 366 (Time and wages record--industrial instrument employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 52 Amendment of s 367 (Time and wages record--non-industrial instrument employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Part 5 Amendment of Workplace Health And Safety Act 1995 53 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 54 Amendment of s 12A (Who is the client for construction work) . . 34 55 Amendment of s 12B (Who is the project manager for construction work) .................................. 34 56 Amendment of s 13 (Who is the principal contractor for construction work) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 57 Amendment of s 30B (Obligations of designers of structures) . . . 35 58 Amendment of s 38 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . 35 59 Amendment of s 41 (Code of practice about managing exposure to risks) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 60 Insertion of new pt 6, divs 8-11 . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Division 8 Licensing Review Committee 64A Establishment of licensing review committee . . . . . . . 36 64B Functions of licensing review committee . . . . . . . . . . 37 Division 9 Provisions about membership of licensing review committee 64C Membership of licensing review committee . . . . . . . . 38 64D Duration of appointment to licensing review committee ............................ 38 64E Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 64F Conditions of appointment . . . . . . . . . . . . . . . . . . . . . 39 Division 10 Conduct of licensing review committee's proceedings generally 64G Times of board committee meetings . . . . . . . . . . . . . 39 64H Conduct of proceedings . . . . . . . . . . . . . . . . . . . . . . . 40 64I Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . 41 64J Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 64K Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Division 11 Provisions about disciplinary action by licensing review committee Subdivision 1 Grounds for disciplinary action 64L Grounds for disciplinary action . . . . . . . . . . . . . . . . . . 42

 


 

5 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 Subdivision 2 Types of disciplinary action 64M Purpose of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 64N Holders of occupational licences . . . . . . . . . . . . . . . . 42 64O Previous holders of occupational licences . . . . . . . . . 43 64P Holders of corresponding occupational licences . . . . 44 64Q Previous holders of corresponding occupational licences ............................... 45 64R Penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Subdivision 3 Procedures for taking disciplinary action 64S Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 46 64T Preliminary notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 64U Consideration before disciplinary hearing . . . . . . . . . 47 64V Disciplinary hearing notice . . . . . . . . . . . . . . . . . . . . . 48 64W Disciplinary hearing . . . . . . . . . . . . . . . . . . . . . . . . . . 49 64X Disciplinary hearing requirements . . . . . . . . . . . . . . . 49 64Y Evidence and findings in other proceedings may be received or adopted . . . . . . . . . . . . . . . . . . . . . . . . . . 50 64Z Licensing review committee to keep record of disciplinary hearing . . . . . . . . . . . . . . . . . . . . . . . . . . 51 64ZA Decision about taking disciplinary action . . . . . . . . . . 51 61 Amendment of s 122 (Power to require production of certain documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 62 Amendment of s 147A (Definitions for pt 11) . . . . . . . . . . . . . . . . 52 63 Amendment of pt 11, div 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 53 64 Amendment of s 149 (Procedure for review) . . . . . . . . . . . . . . . . 53 65 Amendment of s 150 (Review of decision) . . . . . . . . . . . . . . . . . . 53 66 Amendment of s 161 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . 54 67 Amendment of s 171 (False or misleading statements) . . . . . . . . 54 68 Amendment of s 172 (False, misleading or incomplete documents) ..................................... 54 69 Amendment of s 183 (Protection from liability--officials) . . . . . . . 54 70 Amendment of s 184A (Appointment of principal contractors) . . . 55 71 Amendment of s 185C (Confidentiality of particular information) . 55 72 Insertion of new s 185D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 185D Giving information to corresponding entity . . . . . . . . . 56 73 Insertion of new pt 17, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

 


 

6 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 Division 4 Transitional provisions for Workers' Compensation and Rehabilitation and Other Acts Amendment Act 2007 193 Existing reviews of relevant licensing decisions . . . . . 58 194 Grounds for disciplinary action . . . . . . . . . . . . . . . . . . 58 74 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 58

 


 

2007 A Bill for An Act to amend the Workers' Compensation and Rehabilitation Act 2003, the Electrical Safety Act 2002, the Industrial Relations Act 1999 and the Workplace Health and Safety Act 1995

 


 

s1 8 s4 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Workers' Compensation and 4 Rehabilitation and Other Acts Amendment Act 2007. 5 Clause 2 Commencement 6 (1) The provisions of this Act, other than sections 34, 47 and 61, 7 commence on 1 January 2008. 8 (2) Sections 34 and 47 commence on 1 March 2008. 9 (3) Section 61 commences on a day to be fixed by proclamation. 10 Part 2 Amendment of Workers' 11 Compensation And 12 Rehabilitation Act 2003 13 Clause 3 Act amended in pt 2 14 This part amends the Workers' Compensation and 15 Rehabilitation Act 2003. 16 Clause 4 Amendment of s 5 (Workers' compensation scheme) 17 Section 5(4)(a)(ii), `premium'-- 18 omit, insert-- 19 `cost'. 20

 


 

s5 9 s8 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 Clause 5 Amendment of s 41 (Meaning of rehabilitation and return 1 to work coordinator) 2 Section 41(a), `becoming'-- 3 omit. 4 Clause 6 Amendment of s 50 (When an employer contravenes the 5 general obligation to insure) 6 (1) Section 50(b), `by--' 7 omit, insert-- 8 `by doing both of the following--'. 9 (2) Section 50(b)(i), `; and'-- 10 omit, insert-- 11 `;'. 12 Clause 7 Amendment of s 134 (Decision about application for 13 compensation) 14 Section 134(2)-- 15 omit, insert-- 16 `(2) The insurer must make a decision on the application within 20 17 business days after the application is made.'. 18 Clause 8 Amendment of s 150 (Total incapacity--workers whose 19 employment is governed by an industrial instrument) 20 (1) Section 150(1)(b), `52 weeks'-- 21 omit, insert-- 22 `2 years'. 23 (2) Section 150(1)(c)-- 24 omit. 25 (3) Section 150(1)(d)(i)(A) and (B)-- 26 omit, insert-- 27 `(A) 75% of the worker's NWE; 28

 


 

s9 10 s 10 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 (B) 70% of QOTE; or'. 1 (4) Section 150(1)(d)-- 2 renumber as section 150(1)(c). 3 (5) Section 150(2), `, (c) or (d)'-- 4 omit, insert-- 5 `or (c)'. 6 Clause 9 Amendment of s 151 (Total incapacity--workers whose 7 employment is not governed by industrial instrument) 8 (1) Section 151(1)(b), `52 weeks'-- 9 omit, insert-- 10 `2 years'. 11 (2) Section 151(1)(c)-- 12 omit. 13 (3) Section 151(1)(d)(i)(A) and (B)-- 14 omit, insert-- 15 `(A) 75% of the worker's NWE; 16 (B) 70% of QOTE; or'. 17 (4) Section 151(1)(d)-- 18 renumber as section 151(1)(c). 19 Clause 10 Amendment of s 152 (Total incapacity--certain contract 20 workers) 21 (1) Section 152(1)(b), `52 weeks'-- 22 omit, insert-- 23 `2 years'. 24 (2) Section 152(1)(c)-- 25 omit. 26 (3) Section 152(1)(d)(i)(A) and (B)-- 27

 


 

s 11 11 s 12 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 omit, insert-- 1 `(A) 75% of the worker's NWE; 2 (B) 70% of QOTE; or'. 3 (4) Section 152(1)(d)-- 4 renumber as section 152(1)(c). 5 (5) Section 152(2), `, (c) or (d)'-- 6 omit, insert-- 7 `or (c)'. 8 Clause 11 Amendment of s 157 (Total incapacity) 9 (1) Section 157(3), `60%'-- 10 omit, insert-- 11 `70%'. 12 (2) Section 157(5)(b), `52 weeks'-- 13 omit, insert-- 14 `2 years'. 15 (3) Section 157(5)(c)-- 16 omit. 17 (4) Section 157(5)(d)(i)(A) and (B)-- 18 omit, insert-- 19 `(A) 75% of the person's NWE; 20 (B) 70% of QOTE; or'. 21 (5) Section 157(5)(d)-- 22 renumber as section 157(5)(c). 23 Clause 12 Amendment of s 159 (Total incapacity) 24 (1) Section 159(1)(b), `52 weeks'-- 25 omit, insert-- 26 `2 years'. 27

 


 

s 13 12 s 14 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 (2) Section 159(1)(c)-- 1 omit. 2 (3) Section 159(1)(d)(i)(A) and (B)-- 3 omit, insert-- 4 `(A) 75% of the amount stated in the person's 5 contract of insurance; 6 (B) 70% of QOTE; or'. 7 (4) Section 159(1)(d)-- 8 renumber as section 159(1)(c). 9 (5) Section 159(2), `, (b)(ii) and (c)(ii)'-- 10 omit, insert-- 11 `and (b)(ii)'. 12 (6) Section 159(3), `,(c) or (d)'-- 13 omit, insert-- 14 `or (c)'. 15 Clause 13 Amendment of s 160 (Total incapacity--reference about 16 impairment to medical assessment tribunal) 17 Section 160(1)(a) and (b)-- 18 omit, insert-- 19 `(a) for section 150(1)(c)(i), 151(1)(c)(i), 152(1)(c)(i), 20 157(5)(c)(i) or 159(1)(c)(i), an insurer and a worker or a 21 person can not agree that the injury could result in a 22 WRI of more than 15%; or 23 (b) for section 150(1)(c)(ii), 151(1)(c)(ii), 152(1)(c)(ii), 24 157(5)(c)(ii) or 159(1)(c)(ii), an insurer and a worker or 25 a person can not agree that the injury could result in a 26 WRI of 15% or less.'. 27 Clause 14 Amendment of s 174 (Calculation of redemption 28 payment) 29 Section 174(2), definition Q, `60%'-- 30

 


 

s 15 13 s 16 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 omit, insert-- 1 `70%'. 2 Clause 15 Insertion of new ch 3, pt 10, div 1A 3 After section 178-- 4 insert-- 5 `Division 1A Advances on lump sum 6 compensation 7 `178A Advances on account 8 `(1) This section applies if an insurer is satisfied that the worker-- 9 (a) has an entitlement to lump sum compensation for an 10 injury; and 11 (b) the worker is experiencing financial hardship. 12 `(2) The insurer may from time to time advance to the worker 13 amounts on account of lump sum compensation as it considers 14 appropriate in the circumstances. 15 `(3) Acceptance of the amount on account of lump sum 16 compensation by the worker does not constitute an election by 17 the worker not to seek damages for the injury.'. 18 Clause 16 Amendment s 192 (Additional lump sum compensation 19 for certain workers) 20 (1) Section 192(1), `50%'-- 21 omit, insert-- 22 `30%'. 23 (2) Section 192(2), `$182620'-- 24 omit, insert-- 25 `$218400'. 26

 


 

s 17 14 s 20 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 Clause 17 Amendment of s 194 (Application and object of pt 11) 1 (1) Section 194(2)-- 2 renumber as section 194(3). 3 (2) Section 194-- 4 insert-- 5 `(2) However, this part does not apply if-- 6 (a) a worker dies because of a latent onset injury that is a 7 terminal condition; and 8 (b) the worker had received a payment of lump sum 9 compensation for the latent onset injury.'. 10 Clause 18 Omission of s 203 (Reduction of amount payable on 11 death) 12 Section 203-- 13 omit. 14 Clause 19 Replacement of ch 3, pt 13 hdg 15 Chapter 3, part 13, heading-- 16 omit, insert-- 17 `Chapter 3A Compensation claim costs'. 18 Clause 20 Insertion of new s 207AA 19 Chapter 3A, as amended, before section 207A-- 20 insert-- 21 `207AA Definition for ch 3A 22 `In this chapter-- 23 `worker includes a person to whom compensation is payable 24 under this Act for injury.'. 25

 


 

s 21 15 s 25 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 Clause 21 Insertion of new s 235A 1 After section 235-- 2 insert-- 3 `235A Date of doctor's consultation taken to be date of 4 injury 5 `(1) For the application of this chapter in relation to an injury 6 sustained by a worker that happens over a period, the date on 7 which the worker first consulted a doctor about the injury is 8 taken to be the date of the worker's injury. 9 `(2) This section does not apply to a latent onset injury. 10 `(3) This section does not limit section 236.'. 11 Clause 22 Amendment of s 245 (Claimant with more than 1 injury 12 from an event) 13 Section 245(1), `need not'-- 14 omit, insert-- 15 `can not'. 16 Clause 23 Omission of s 246 (Claimant may ask for injury to be 17 assessed for permanent impairment) 18 Section 246-- 19 omit. 20 Clause 24 Relocation and renumbering of s 272 (Insurer's charge on 21 damages for compensation paid) 22 Section 272-- 23 relocate and renumber, in chapter 3A, as section 207B. 24 Clause 25 Amendment of s 330 (General statement of Authority's 25 functions) 26 (1) Section 330(2)(m)-- 27 renumber as section 330(2)(n). 28

 


 

s 26 16 s 29 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 (2) Section 330(2)-- 1 insert-- 2 `(m) to administer scheme-wide rehabilitation and return to 3 work programs;'. 4 Clause 26 Amendment of s 364 (Funds and accounts) 5 (1) Section 364(3)(e) and (f)-- 6 renumber as section 364(f) and (g). 7 (2) Section 364(3)-- 8 insert-- 9 `(e) amounts for scheme-wide rehabilitation and return to 10 work programs for workers; or'. 11 Clause 27 Amendment of s 479 (Amounts payable by Authority on 12 Minister's instruction) 13 Section 479(1)-- 14 insert-- 15 `(d) scheme-wide rehabilitation and return to work programs 16 for workers.'. 17 Clause 28 Amendment of s 586 (Approval of forms) 18 Section 586(1), `for chapter 2, parts 2 and 3' and footnote-- 19 omit, insert-- 20 `in relation to contracts of insurance'. 21 Clause 29 Insertion of new ch 21 22 After section 647-- 23 insert-- 24

 


 

s 29 17 s 29 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 `Chapter 21 Transitional provisions for 1 Workers' Compensation 2 and Rehabilitation and 3 Other Acts Amendment Act 4 2007 5 `648 Definition for ch 21 6 `In this chapter-- 7 amending Act means the Workers' Compensation and 8 Rehabilitation and Other Acts Amendment Act 2007. 9 `649 Decision about application for compensation 10 `Section 134, as in force immediately before 1 January 2008, 11 continues to apply to an application for compensation made 12 before 1 January 2008 as if the amending Act had not been 13 enacted. 14 `650 Weekly payment for total incapacity 15 `The provisions of chapter 3, part 9, division 4, as in force 16 immediately before 1 January 2008, continue to apply in 17 relation to an injury sustained by a worker before 1 January 18 2008 as if the amending Act had not been enacted. 19 `651 Additional lump sum compensation for certain 20 workers 21 `Section 192, as in force immediately before 1 January 2008, 22 continues to apply in relation to an injury sustained by a 23 worker before 1 January 2008 as if the amending Act had not 24 been enacted. 25

 


 

s 30 18 s 31 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 `652 Reduction of amount payable on death 1 `The amendment of this Act made by sections 17 and 18 of 2 the amending Act applies only in relation to an injury 3 sustained by a worker, including an injury sustained before 1 4 January 2008, that results in the death of a worker on or after 5 1 January 2008. 6 `653 More than 1 injury from an event 7 Sections 245 and 246, as in force immediately before 1 8 January 2008, continue to apply in relation to an injury 9 sustained by a worker before 1 January 2008 as if the 10 amending Act had not been enacted. 11 `654 Compensation claim costs and third parties 12 Chapter 3, part 13, as in force immediately before 1 January 13 2008, continues to apply in relation to an injury sustained by a 14 worker before 1 January 2008 as if the amending Act had not 15 been enacted.'. 16 Part 3 Amendment of Electrical Safety 17 Act 2002 18 Clause 30 Act amended in pt 3 19 This part amends the Electrical Safety Act 2002. 20 Clause 31 Amendment of s 12 (Meaning of dangerous electrical 21 event) 22 Section 12(b), after `existence'-- 23 insert-- 24 `of both'. 25

 


 

s 32 19 s 33 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 Clause 32 Amendment of s 44 (Code of practice about discharging 1 electrical safety obligation) 2 (1) Section 44(2), (3) and (6)-- 3 omit. 4 (2) Section 44(4), after `practice', first mention-- 5 insert-- 6 `as in force from time to time'. 7 (3) Section 44(4), as amended, and (5)-- 8 renumber as section 44(6) and (8). 9 (4) Section 44-- 10 insert-- 11 `(2) A code of practice, or an instrument amending or repealing a 12 code of practice, has no effect unless the Minister gives notice 13 of its making. 14 `(3) A notice under subsection (2) is subordinate legislation. 15 `(4) A code of practice, or an instrument amending or repealing a 16 code of practice, commences on the later of the following-- 17 (a) the day the notice under subsection (2) commences; 18 (b) the day the code or instrument provides that it 19 commences. 20 `(5) A code of practice expires 10 years after its commencement. 21 `(7) A code of practice may be made available in written or 22 electronic form.'. 23 Clause 33 Amendment of s 56 (Requirement for electrical contractor 24 licence) 25 (1) Section 56(3)(b), `building'-- 26 omit. 27 (2) Section 56(3)(b), `the work'-- 28 omit, insert-- 29 `the electrical work'. 30

 


 

s 34 20 s 34 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 Clause 34 Insertion of new ss 57AA-57AC 1 Part 4, division 1-- 2 insert-- 3 `57AA Employer or self-employed person must ensure 4 workers are appropriately licensed 5 `(1) This section applies if an employer or self-employed person 6 conducts a business or undertaking that includes the 7 performance of electrical work. 8 `(2) The employer or self-employed person must ensure-- 9 (a) the electrical work is performed by the holder of an 10 electrical work licence that authorises the performance 11 of the work; and 12 (b) any supervision of the electrical work is carried out by 13 the holder of an electrical work licence that authorises 14 the performance of the work. 15 Maximum penalty--400 penalty units. 16 `(3) Subsection (2) does not apply if the electrical work is 17 performed or supervised by a person who, under section 55, is 18 not required to hold an electrical work licence for the purpose 19 of performing or supervising the work. 20 `57AB Employers and self-employed persons must keep 21 register of licensed workers 22 `(1) This section applies if-- 23 (a) an employer or self-employed person (the relevant 24 employer) conducts a business or undertaking that 25 includes the performance of electrical work; and 26 (b) the relevant employer engages other persons to perform 27 or supervise the electrical work. 28 `(2) The relevant employer must-- 29 (a) keep a register of licensed workers in a way that 30 complies with subsection (3); and 31

 


 

s 34 21 s 34 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 (b) if asked by an inspector, make the register of licensed 1 workers available for immediate inspection by the 2 inspector. 3 Maximum penalty--100 penalty units. 4 `(3) The register of licensed workers kept by the relevant employer 5 must-- 6 (a) include the prescribed details for each holder of an 7 electrical work licence engaged by the relevant 8 employer to perform or supervise electrical work-- 9 (i) while the holder is engaged by the employer to 10 perform or supervise electrical work; or 11 (ii) if the holder ceases to be engaged by the employer 12 to perform or supervise electrical work--for at 13 least 5 years after the holder ceases to be engaged 14 by the employer; and 15 (b) be updated within 7 days after the relevant employer is 16 notified, under section 57AC, of a change in any of the 17 prescribed details, for the holder of an electrical work 18 licence, included in the register; and 19 (c) include the date on which the prescribed details for the 20 holder of an electrical work licence are included in the 21 register or are updated. 22 `(4) A register of licensed workers may be kept in electronic form. 23 `57AC Licence holder engaged by employer or 24 self-employed person must notify particular changes 25 `(1) This section applies if the holder of an electrical work licence 26 is engaged to perform or supervise electrical work for an 27 employer or self-employed person (the relevant employer) 28 who conducts a business or undertaking that includes the 29 performance of electrical work. 30 `(2) The holder must notify, in writing, the relevant employer if 31 any of the following happens within 14 days after it 32 happening-- 33 (a) the electrical work licence held by the person-- 34

 


 

s 35 22 s 36 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 (i) is suspended or cancelled; or 1 (ii) is surrendered; or 2 (iii) expires and is not renewed; or 3 (iv) is amended in a way that changes-- 4 (A) the work or activities that are authorised to 5 be performed under the licence; or 6 (B) the conditions or restrictions applying to the 7 way work or activities may be performed 8 under the licence; 9 (b) the electrical work licence held by the holder is renewed 10 or reinstated; 11 (c) any other prescribed details for the holder change. 12 Example for paragraph (c)-- 13 the holder's name changes 14 Maximum penalty-- 15 (a) for paragraph (a)--40 penalty units; or 16 (b) for paragraph (b) or (c)--10 penalty units.'. 17 Clause 35 Amendment of s 64A (Chief executive may ask for further 18 information or documents from licence holder) 19 Section 64A(1), after `given to'-- 20 insert-- 21 `a person who is'. 22 Clause 36 Amendment of s 109 (Electrical licence issued by chief 23 executive) 24 (1) Section 109(1)-- 25 insert-- 26 `(ba) if the licence is an electrical work licence, disqualify the 27 holder from being a qualified technical person for the 28 holder of an electrical contractor licence-- 29 (i) for a period decided by the committee; or 30

 


 

s 36 23 s 36 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 (ii) until conditions decided by the committee are 1 complied with; or 2 (bb) disqualify the holder from holding an electrical 3 contractor licence, electrical work licence, or both-- 4 (i) for a period decided by the committee; or 5 (ii) until conditions decided by the committee are 6 complied with; or 7 Example of condition-- 8 a condition that the licence holder satisfactorily finish a 9 stated training course or examination'. 10 (2) Section 109(2)-- 11 renumber as section 109(3). 12 (3) Section 109-- 13 insert-- 14 `(2) To remove any doubt, it is declared that when acting under 15 subsection (1) the licensing committee may take more than 1 16 type of disciplinary action against the holder. 17 Example-- 18 The licensing committee may cancel the electrical contractor licence 19 held by a person as well as impose a penalty of 10 penalty units on the 20 person.'. 21 (4) Section 109-- 22 insert-- 23 `(4) If the holder is disqualified from holding an electrical licence 24 because of disciplinary action-- 25 (a) an electrical licence held or previously held by the 26 person can not be renewed or reinstated while the 27 disqualification applies; and 28 (b) the person can not be issued another electrical licence 29 while the disqualification applies. 30 `(5) In this section-- 31 qualified technical person has the meaning given by a 32 regulation.'. 33

 


 

s 37 24 s 38 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 Clause 37 Amendment of s 110 (External licence) 1 Section 110-- 2 insert-- 3 `(2) To remove any doubt, it is declared that when acting under 4 subsection (1) the licensing committee may take more than 1 5 type of disciplinary action against the holder. 6 Example-- 7 The licensing committee may limit the external licence recognition 8 provision's application to the external licence held by a person as well 9 as reprimand the person.'. 10 Clause 38 Replacement of ss 111 and 112 11 Sections 111 and 112-- 12 omit, insert-- 13 `111 Electrical contractor licence issued by chief 14 executive but no longer in force 15 `(1) The licensing committee may take any of the following 16 disciplinary actions against a person who was the holder of an 17 electrical contractor licence when electrical work was 18 performed, but who is no longer the holder of an electrical 19 contractor licence-- 20 (a) require the person, at the person's own expense, to have 21 the holder of an electrical contractor licence correct a 22 fault or defect in the electrical work within the time and 23 in the way stated by the committee; 24 (b) reprimand or caution the person; 25 (c) impose on the person a penalty of not more than 40 26 penalty units; 27 (d) disqualify the person from holding an electrical 28 contractor licence, or electrical work licence, or both-- 29 (i) for a period decided by the committee; or 30 (ii) until conditions decided by the committee are 31 complied with. 32

 


 

s 39 25 s 39 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 Example of condition-- 1 a condition that the person satisfactorily finish a stated 2 training course or examination 3 `(2) To remove any doubt, it is declared that when acting under 4 subsection (1) the licensing committee may take more than 1 5 type of disciplinary action against the person. 6 Example-- 7 The licensing committee may require the person to have the holder of an 8 electrical contractor licence correct a fault or defect in the electrical 9 work performed by the person as well as impose a penalty of 10 penalty 10 units on the person. 11 `(3) If a person is disqualified from holding an electrical licence 12 because of disciplinary action-- 13 (a) an electrical licence held or previously held by the 14 person can not be renewed or reinstated while the 15 disqualification applies; and 16 (b) the person can not be issued another electrical licence 17 while the disqualification applies. 18 `112 Penalties 19 `(1) A penalty may be imposed as disciplinary action in addition to 20 the taking of other disciplinary action under this part against a 21 person. 22 `(2) If a penalty is imposed as disciplinary action and the person 23 against whom it is imposed does not pay the penalty within 24 the time allowed by the licensing committee, the committee 25 may take further disciplinary action against the person for the 26 ground for which the penalty was imposed. 27 `(3) Without limiting subsection (2), a penalty imposed as 28 disciplinary action may be recovered as a debt owing to the 29 State by the person.'. 30 Clause 39 Amendment of s 116 (Disciplinary hearing notice) 31 Section 116(1)-- 32 insert-- 33

 


 

s 40 26 s 41 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 `(e) that-- 1 (i) the person is required to appear at the hearing; and 2 (ii) if the person appears at the hearing, the person may 3 give information or make submissions to the 4 committee at the hearing; and 5 (f) that, if the person does not appear at the hearing-- 6 (i) the person may give information or make 7 submissions to the committee in another way; and 8 (ii) the committee may act in the person's absence, 9 whether or not the person gives information or 10 makes submissions.'. 11 Clause 40 Amendment of s 120 (Licensing committee to keep 12 record of disciplinary hearing) 13 Section 120-- 14 insert-- 15 `(3) In this section-- 16 evidence, given to the licensing committee, includes 17 information given and submissions made to the committee.'. 18 Clause 41 Insertion of new s 136A 19 Part 10, division 2-- 20 insert-- 21 `136A Chief executive may ask for further information or 22 documents from accredited auditor 23 `(1) The chief executive may, by written notice given to a person 24 who is an accredited auditor, require the person to give the 25 chief executive, within a reasonable period of at least 21 days 26 stated in the notice, information or a document the chief 27 executive reasonably requires to satisfy the chief executive 28 that the person-- 29 (a) continues to be appropriately qualified; or 30 (b) continues to satisfy the conditions of office. 31

 


 

s 42 27 s 43 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 Examples of information-- 1 the person has undertaken training in changes to relevant legislation 2 the person has conducted audits or other testing or assessments in 3 relation to electrical safety 4 the person continues to hold the insurance required under a 5 condition of office applying to the person 6 `(2) The chief executive may, in the notice, require the person to 7 verify the further information or document by statutory 8 declaration. 9 `(3) The person must comply with the notice, unless the person 10 has a reasonable excuse. 11 `(4) The chief executive may revoke the person's appointment as 12 an accredited auditor if the person fails, without reasonable 13 excuse, to comply with the notice. 14 `(5) Subsection (4) does not limit the operation of section 134. 15 `(6) In this section-- 16 appropriately qualified, for a person, means qualified for 17 appointment as an accredited auditor because the person has 18 the necessary expertise or experience. 19 condition of office means a condition on which an accredited 20 auditor holds office.'. 21 Clause 42 Amendment of s 146 (Inspector's power to seize unsafe 22 electrical equipment) 23 Section 146, heading, after `equipment'-- 24 insert-- 25 `at an entered place'. 26 Clause 43 Insertion of new s 146A 27 After section 146-- 28 insert-- 29

 


 

s 44 28 s 46 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 `146A Inspector's power to seize other unsafe electrical 1 equipment 2 `(1) This section applies if-- 3 (a) an inspector enters a place under this part; and 4 (b) the inspector takes electrical equipment at the place for 5 analysis or testing under section 144(3)(c); and 6 (c) the results of the analysis or testing show that the 7 equipment is not electrically safe. 8 `(2) The inspector may seize the equipment.'. 9 Clause 44 Amendment of s 150 (Forfeiture of seized thing) 10 Section 150-- 11 insert-- 12 `(1A) Without limiting subsection (1), if a seized thing is electrical 13 equipment, the thing is forfeited to the State if-- 14 (a) the inspector who seized the thing reasonably believes 15 the thing is not electrically safe; and 16 (b) the owner of the thing does not require its return.'. 17 Clause 45 Amendment of s 151 (Return of seized thing) 18 Section 151-- 19 insert-- 20 `(3) This section does not apply to a seized thing if it is 21 impracticable or would be unreasonable to return the thing 22 given the thing's nature, condition and value. 23 Example for subsection (3)-- 24 The seized thing is electrical equipment that has been destroyed or 25 extensively damaged during analysis or testing conducted under the 26 Act.'. 27 Clause 46 Insertion of new s 151A 28 After section 151-- 29

 


 

s 47 29 s 47 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 insert-- 1 `151A Returning seized electrical equipment that is not 2 electrically safe 3 `(1) This section applies if-- 4 (a) an inspector has seized electrical equipment under this 5 part; and 6 (b) the inspector reasonably believes the equipment is not 7 electrically safe; and 8 (c) the equipment is not forfeited under section 150(1) or 9 (1A). 10 `(2) If the inspector returns the equipment to its owner, the 11 inspector may, by written notice, require the owner to do 1 or 12 more of the following to make the equipment electrically 13 safe-- 14 (a) have the equipment repaired; 15 (b) have the equipment altered in a stated way; 16 (c) take other stated action in relation to the equipment that 17 is reasonable in the circumstances, including, for 18 example, to make it incapable of operation. 19 Note-- 20 Section 55 provides for who may perform electrical work, including 21 repair or alter electrical equipment. 22 `(3) The owner must comply with the requirement unless the 23 owner has a reasonable excuse for not complying. 24 Maximum penalty--40 penalty units. 25 `(4) For subsection (3), it is a reasonable excuse for the owner not 26 complying with the requirement that the owner destroyed the 27 equipment instead of complying with the requirement.'. 28 Clause 47 Insertion of new ss 205A and 205B 29 After section 205-- 30 insert-- 31

 


 

s 47 30 s 47 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 `205A Confidentiality 1 `(1) This section applies to a person-- 2 (a) who is, or has been, the chief executive, an inspector, an 3 accredited auditor or another person involved in the 4 administration of this Act; and 5 (b) who, in the course of administering this Act or because 6 of an opportunity provided by involvement in 7 administering this Act, has-- 8 (i) acquired information about someone else; or 9 (ii) gained access to a document about someone else. 10 `(2) The person must not do either of the following-- 11 (a) disclose to anyone else-- 12 (i) the information; or 13 (ii) the contents of or information contained in the 14 document; 15 (b) give access to the document to anyone else. 16 Maximum penalty--100 penalty units. 17 `(3) Subsection (2) does not apply to the disclosure of information, 18 or the giving of access to a document, about a person-- 19 (a) with the person's written consent; or 20 (b) for administering, or monitoring or enforcing 21 compliance with, this Act; or 22 (c) for the administration or enforcement of another Act or 23 law, if the disclosure or access is in the interests of 24 public safety; or 25 (d) in a proceeding before a court in which the information 26 is relevant to the issue before the court; or 27 (e) as required or authorised under an Act. 28 `205B Giving information to corresponding entity 29 `(1) The chief executive may, if asked by a corresponding entity 30 under an arrangement, give the entity information held by the 31

 


 

s 47 31 s 47 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 chief executive that the chief executive is satisfied will help 1 the entity in the exercise of the entity's functions under a 2 corresponding law. 3 `(2) A person who is, or has been, a corresponding official who, in 4 the course of administering a corresponding law or because of 5 an opportunity provided by involvement in administering a 6 corresponding law, has acquired information about someone 7 else, or gained access to a document about someone else, must 8 not do either of the following-- 9 (a) disclose to anyone else the acquired information or 10 information from the accessed document; 11 (b) give access to the document to anyone else. 12 Maximum penalty--100 penalty units. 13 `(3) Subsection (2) does not apply to the disclosure of information, 14 or the giving of access to a document, about a person-- 15 (a) with the person's written consent; or 16 (b) for administering, or monitoring or enforcing 17 compliance with, the corresponding law in relation to 18 which the information was given under subsection (1); 19 or 20 (c) for the administration or enforcement of another Act or 21 law, if the disclosure or access is in the interests of 22 public safety; or 23 (d) in a proceeding before a court, or before an entity 24 carrying out functions under the corresponding law in 25 relation to which the information was given under 26 subsection (1), in which the information is relevant to 27 the issue before the court or entity; or 28 (e) as required or authorised under an Act. 29 `(4) Subsection (1) applies despite section 205A. 30 `(5) In this section-- 31 corresponding entity means a person who, in relation to the 32 administration of a corresponding law, has functions similar to 33 the chief executive in relation to the administration of this 34 Act. 35

 


 

s 48 32 s 50 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 corresponding law means a law of the Commonwealth or 1 another State about electrical safety. 2 corresponding official means-- 3 (a) a corresponding entity or a delegate of a corresponding 4 entity; or 5 (b) another person involved in the administration of a 6 corresponding law.'. 7 Clause 48 Amendment of s 210 (Regulation-making power) 8 Section 210(2)-- 9 insert-- 10 `(ha) requirements for signs or other advertising material for 11 the hiring or sale of electrical equipment; and'. 12 Clause 49 Amendment of sch 2 (Dictionary) 13 Schedule 2-- 14 insert-- 15 `prescribed details, for the holder of an electrical work 16 licence engaged to perform or supervise electrical work, 17 means the details about the person, or the person's electrical 18 work licence, that are prescribed under a regulation for this 19 definition.'. 20 Part 4 Amendment of Industrial 21 Relations Act 1999 22 Clause 50 Act amended in pt 4 23 This part amends the Industrial Relations Act 1999. 24

 


 

s 51 33 s 53 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 Clause 51 Amendment of s 366 (Time and wages record--industrial 1 instrument employees) 2 Section 366(6), definition industrial instrument employee-- 3 omit, insert-- 4 `industrial instrument employee means-- 5 (a) a person who-- 6 (i) is or has been employed by the employer; and 7 (ii) works or has worked under an industrial 8 instrument or permit; or 9 (b) a person who is or has been a student to whom an order 10 made under section 140A applies.'. 11 Clause 52 Amendment of s 367 (Time and wages 12 record--non-industrial instrument employees) 13 Section 367(5), definition non-industrial instrument 14 employee-- 15 omit, insert-- 16 `non-industrial instrument employee means a person who-- 17 (a) is or has been employed by the employer; and 18 (b) works or has worked other than under an industrial 19 instrument or a permit.'. 20 Part 5 Amendment of Workplace 21 Health And Safety Act 1995 22 Clause 53 Act amended in pt 5 23 This part amends the Workplace Health and Safety Act 1995. 24

 


 

s 54 34 s 56 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 Clause 54 Amendment of s 12A (Who is the client for construction 1 work) 2 Section 12A(2)(a), after `building'-- 3 insert-- 4 `or an associated class 10a building'. 5 Clause 55 Amendment of s 12B (Who is the project manager for 6 construction work) 7 Section 12B(2)(a), after `building'-- 8 insert-- 9 `or an associated class 10a building'. 10 Clause 56 Amendment of s 13 (Who is the principal contractor for 11 construction work) 12 (1) Section 13(1), after `for construction work'-- 13 insert-- 14 `, other than prescribed construction work,'. 15 (2) Section 13(3)-- 16 omit, insert-- 17 `(3) The principal contractor for prescribed construction work is 18 the person who is in control of the prescribed construction 19 work. 20 Note-- 21 For construction work for which there is no client and that is not 22 prescribed construction work, there is no principal contractor. 23 `(4) In this section-- 24 prescribed construction work means construction work 25 that-- 26 (a) is for a structure that is a class 1a building or an 27 associated class 10a building; and 28 (b) has an estimated final price of more than $80000.'. 29

 


 

s 57 35 s 58 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 Clause 57 Amendment of s 30B (Obligations of designers of 1 structures) 2 Section 30B(5), definition structure, after `building'-- 3 insert-- 4 `or an associated class 10a building'. 5 Clause 58 Amendment of s 38 (Regulations) 6 (1) Section 38(2), before examples-- 7 insert-- 8 `(d) prescribe-- 9 (i) that particular work is high risk work or a 10 particular activity is a high risk activity; and 11 (ii) that high risk work or a high risk activity may be 12 performed only by particular persons having 13 appropriate authority, as prescribed under the 14 regulation, to perform the work or activity.'. 15 (2) Section 38-- 16 insert-- 17 `(2A) Without limiting subsection (2)(d)(ii), a regulation under that 18 subsection may provide that the work or activity may be 19 performed only by a person who is at least 18 years. 20 `(2B) The following is not unlawful discrimination on the basis of 21 age for the Anti-Discrimination Act 1991-- 22 (a) a provision of a regulation made under subsection (2)(d) 23 that provides that work prescribed to be high risk work, 24 or an activity prescribed to be a high risk activity, may 25 be performed only by a person who is at least 18 years; 26 (b) the doing of an act that is necessary to comply with, or 27 that is specifically authorised by, a provision mentioned 28 in paragraph (a). 29 `(2C) Except as provided for under subsections (2A) and (2B), a 30 regulation made under subsection (2)(d)(ii) can not authorise 31 an act that is unlawful under the Anti-Discrimination Act 32 1991.'. 33

 


 

s 59 36 s 60 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 Clause 59 Amendment of s 41 (Code of practice about managing 1 exposure to risks) 2 (1) Section 41(2) and (5)-- 3 omit. 4 (2) Section 41(4), after `practice', first mention-- 5 insert-- 6 `as in force from time to time'. 7 (3) Section 41(3) and (4), as amended-- 8 renumber as section 41(5) and (6). 9 (4) Section 41-- 10 insert-- 11 `(2) A code of practice, or an instrument amending or repealing a 12 code of practice, has no effect unless the Minister gives notice 13 of its making. 14 `(3) A notice under subsection (2) is subordinate legislation. 15 `(4) A code of practice, or an instrument amending or repealing a 16 code of practice, commences on the later of the following-- 17 (a) the day the notice under subsection (2) commences; 18 (b) the day the code or instrument provides that it 19 commences. 20 `(7) A code of practice may be made available in written or 21 electronic form.'. 22 Clause 60 Insertion of new pt 6, divs 8-11 23 Part 6-- 24 insert-- 25 `Division 8 Licensing Review Committee 26 `64A Establishment of licensing review committee 27 `The Licensing Review Committee is established. 28

 


 

s 60 37 s 60 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 `64B Functions of licensing review committee 1 `(1) The functions of the licensing review committee are-- 2 (a) to give advice and make recommendations about 3 occupational licences and corresponding occupational 4 licences to the Minister, the board or the chief executive; 5 and 6 (b) to take disciplinary action against holders of 7 occupational licences or corresponding occupational 8 licences, and previous holders of occupational licences 9 or corresponding occupational licences; and 10 (c) to review relevant licensing decisions. 11 `(2) Without limiting subsection (1), the licensing review 12 committee may discharge its functions by-- 13 (a) recommending training modules and courses to qualify 14 persons for occupational licences; and 15 (b) advising on issues the Minister, the board or the chief 16 executive refers to it; and 17 (c) making recommendations about the safety of work or 18 activities for which an occupational licence may be 19 issued, and the standards for qualifications required for 20 an occupational licence; and 21 (d) receiving and investigating complaints about work or 22 activities for which an occupational licence or 23 corresponding occupational licence may be issued; and 24 (e) taking action to ensure holders of occupational licences 25 or corresponding occupational licences perform work or 26 activities to appropriate standards, including by 27 cancelling or suspending licences and taking other 28 disciplinary action; and 29 (f) reviewing relevant licensing decisions, including by 30 confirming, setting aside or substituting the decisions. 31 `(3) The chief executive must give the licensing review committee 32 the necessary administrative and other support to enable the 33 committee to perform its functions efficiently and effectively. 34

 


 

s 60 38 s 60 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 `Division 9 Provisions about membership of 1 licensing review committee 2 `64C Membership of licensing review committee 3 `(1) The licensing review committee consists of a chairperson, and 4 at least 4 other members, appointed by the Minister. 5 `(2) In appointing persons as members, the Minister must-- 6 (a) consider each proposed member's practical experience 7 and competence in the management of workplace health 8 and safety; and 9 (b) ensure that-- 10 (i) 1 of the appointed members is representative of 11 employers; and 12 (ii) 1 of the appointed members is representative of 13 workers; and 14 (iii) 1 of the appointed members is representative of the 15 community; and 16 (c) seek to appoint both men and women as members. 17 `64D Duration of appointment to licensing review 18 committee 19 `(1) The appointment of a member of the licensing review 20 committee is for the term, of not longer than 3 years, decided 21 by the Minister when the member is appointed. 22 `(2) The office of a member of the licensing review committee 23 becomes vacant if-- 24 (a) the member resigns by signed notice of resignation 25 given to the Minister; or 26 (b) the member is found guilty of an indictable offence or 27 an offence against this Act; or 28 (c) the member is absent, without the Minister's leave and 29 without reasonable excuse, from 3 consecutive ordinary 30 meetings of the committee; or 31

 


 

s 60 39 s 60 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 (d) the member's appointment is ended by the Minister 1 under subsection (3). 2 `(3) The Minister may, at any time, end the appointment of a 3 member of the licensing review committee for any reason or 4 without stating a reason. 5 `64E Leave of absence 6 `(1) The Minister may approve a leave of absence for a member of 7 the licensing review committee. 8 `(2) If a leave of absence is approved, the Minister may appoint 9 someone else to act as the member during the member's 10 approved leave of absence. 11 `(3) In appointing a person to act as the member, the Minister must 12 have regard to requirements under section 64C for the 13 composition of the committee. 14 `64F Conditions of appointment 15 `(1) A member of the licensing review committee is appointed on 16 a part-time basis. 17 `(2) A member of the licensing review committee is entitled to be 18 paid the remuneration and allowances fixed by the Minister. 19 `Division 10 Conduct of licensing review 20 committee's proceedings generally 21 `64G Times of board committee meetings 22 `(1) The licensing review committee may hold its meetings when 23 it decides. 24 `(2) The chairperson of the licensing review committee-- 25 (a) may call a meeting of the committee at any time; and 26 (b) must call a meeting if the meeting is asked for by at least 27 a third of the other members. 28

 


 

s 60 40 s 60 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 `(3) The Minister, chief executive or the board may call a meeting 1 of the licensing review committee at any time. 2 `64H Conduct of proceedings 3 `(1) The chairperson of the licensing review committee presides at 4 all meetings of the committee at which the chairperson is 5 present. 6 `(2) If the chairperson is absent, the member chosen by the 7 members present is to preside. 8 `(3) At a meeting of the licensing review committee-- 9 (a) a quorum is at least half the members; and 10 (b) a question is decided by a majority of the votes of the 11 members present and voting; and 12 (c) each member present has a vote on each question to be 13 decided and, if the votes are equal, the member 14 presiding has a casting vote. 15 `(4) The licensing review committee may otherwise conduct its 16 proceedings, including its meetings, as it considers 17 appropriate. 18 `(5) The licensing review committee may hold meetings, or permit 19 members to take part in its meetings, by using any technology 20 that reasonably allows members to hear and take part in 21 discussions as they happen. 22 Example of use of technology-- 23 teleconferencing 24 `(6) A member who takes part in a committee meeting under 25 subsection (5) is taken to be present at the meeting. 26 `(7) A resolution is a valid resolution of the licensing review 27 committee, even though it is not passed at a meeting of the 28 committee, if-- 29 (a) at least half the members give written agreement to the 30 resolution; and 31 (b) notice of the resolution is given under procedures 32 approved by the committee. 33

 


 

s 60 41 s 60 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 `64I Disclosure of interests 1 `(1) If there is a reasonable possibility that a member's 2 participation in the licensing review committee's 3 consideration of an issue will give the member, or an entity 4 associated with the member, a professional or commercial 5 advantage, or will otherwise be a conflict of interest, the 6 member must disclose the possibility to the committee. 7 `(2) The disclosure must be recorded in the committee's minutes 8 and, unless the committee otherwise directs, the member must 9 not-- 10 (a) be present when the committee considers the issue; or 11 (b) take part in a decision of the committee on the issue. 12 `(3) If, because of subsection (2), the member is not present for the 13 licensing review committee's consideration of the issue, but 14 there would be a quorum if the member were present, the 15 remaining members present are a quorum for the committee's 16 consideration of the issue. 17 `(4) For subsection (1), an entity is associated with a member if 18 the member is an employee or member of, or an adviser to, the 19 entity. 20 `64J Minutes 21 `The licensing review committee must keep minutes of its 22 proceedings. 23 `64K Annual report 24 `As soon as practicable, but within 4 months, after the end of 25 each financial year, the licensing review committee must 26 prepare and give to the Minister, the board and the chief 27 executive a report on the performance of the committee's 28 functions for the year. 29

 


 

s 60 42 s 60 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 `Division 11 Provisions about disciplinary action 1 by licensing review committee 2 `Subdivision 1 Grounds for disciplinary action 3 `64L Grounds for disciplinary action 4 `Each of the following is a ground for taking disciplinary 5 action against the holder of an occupational licence or 6 corresponding occupational licence or a person who was, but 7 is no longer, the holder of an occupational licence or 8 corresponding occupational licence-- 9 (a) the holder or person performs or supervises work or an 10 activity and the way the work or activity is performed 11 exposes persons to risk of death, injury or illness; 12 (b) the holder or person performs or supervises work or an 13 activity and the person who performs the work or 14 activity is negligent or incompetent in the performance 15 of the work. 16 `Subdivision 2 Types of disciplinary action 17 `64M Purpose of sdiv 2 18 `This subdivision establishes the disciplinary action that may 19 be taken by the licensing review committee. 20 `64N Holders of occupational licences 21 `(1) The licensing review committee may take 1 or more of the 22 following disciplinary actions against the holder of an 23 occupational licence-- 24 (a) take a prescribed licensing action for the licence; 25 (b) reprimand or caution the holder; 26 (c) impose on the holder a penalty of not more than 40 27 penalty units; 28

 


 

s 60 43 s 60 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 (d) disqualify the holder from holding an occupational 1 licence-- 2 (i) for a period decided by the committee; or 3 (ii) until conditions decided by the committee are 4 complied with. 5 Example of condition for subparagraph (ii)-- 6 a condition that the licence holder satisfactorily finish a 7 stated training course or examination 8 `(2) If the occupational licence is suspended because of 9 disciplinary action, the licence can not be renewed while it is 10 still suspended. 11 `(3) If the holder is disqualified from holding an occupational 12 licence because of disciplinary action-- 13 (a) the holder's licence can not be renewed while the holder 14 is still disqualified; and 15 (b) the holder can not be issued another occupational 16 licence while the holder is still disqualified. 17 `(4) In this section-- 18 prescribed licensing action, for an occupational licence, 19 means-- 20 (a) cancel or amend the licence; or 21 (b) suspend the licence-- 22 (i) for a period decided by the committee; or 23 (ii) until conditions decided by the committee are 24 complied with. 25 Example of condition for subparagraph (ii)-- 26 a condition that the licence holder satisfactorily finish a 27 stated training course or examination 28 `64O Previous holders of occupational licences 29 `(1) The licensing review committee may take 1 or more of the 30 following disciplinary actions against a person who was, but 31 is no longer, the holder of an occupational licence-- 32

 


 

s 60 44 s 60 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 (a) reprimand or caution the person; 1 (b) impose on the person a penalty of not more than 40 2 penalty units; 3 (c) disqualify the person from holding an occupational 4 licence-- 5 (i) for a period decided by the committee; or 6 (ii) until conditions decided by the committee are 7 complied with. 8 Example of condition-- 9 a condition that the person satisfactorily finish a stated 10 training course or examination 11 `(2) If a person is disqualified from holding an occupational 12 licence because of disciplinary action, the person can not be 13 issued an occupational licence while the person is still 14 disqualified. 15 `64P Holders of corresponding occupational licences 16 `(1) The licensing review committee may take either or both of the 17 following disciplinary actions against the holder of a 18 corresponding occupational licence-- 19 (a) recommend to the recognised official who issued the 20 licence that the official suspend or cancel the licence or 21 take some other disciplinary action available to it; 22 (b) disqualify the person from holding an occupational 23 licence-- 24 (i) for a period decided by the committee; or 25 (ii) until conditions decided by the committee are 26 complied with. 27 Example of condition-- 28 a condition that the person satisfactorily finish a stated 29 training course or examination 30 `(2) If the holder of a corresponding occupational licence is 31 disqualified from holding an occupational licence because of 32

 


 

s 60 45 s 60 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 disciplinary action, the holder can not be issued an 1 occupational licence while the holder is still disqualified. 2 `64Q Previous holders of corresponding occupational 3 licences 4 `(1) The licensing review committee may take either or both of the 5 following disciplinary actions against a person who was, but 6 is no longer, the holder of a corresponding occupational 7 licence-- 8 (a) recommend to the recognised official who issued the 9 licence that the official take any disciplinary action 10 available to it in relation to the person; 11 (b) disqualify the person from holding an occupational 12 licence-- 13 (i) for a period decided by the committee; or 14 (ii) until conditions decided by the committee are 15 complied with. 16 Example of condition-- 17 a condition that the person satisfactorily finish a stated 18 training course or examination 19 `(2) If a person is disqualified from holding an occupational 20 licence because of disciplinary action, the person can not be 21 issued an occupational licence while the person is still 22 disqualified. 23 `64R Penalties 24 `(1) A penalty may be imposed as disciplinary action in addition to 25 the taking of other disciplinary action under this division 26 against a person. 27 `(2) If a penalty is imposed as disciplinary action and the person 28 against whom it is imposed does not pay the penalty within 29 the time allowed by the licensing review committee, the 30 committee may take further disciplinary action against the 31 person for the ground for which the penalty was imposed. 32

 


 

s 60 46 s 60 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 `(3) Without limiting subsection (2), a penalty imposed as 1 disciplinary action may be recovered as a debt owing to the 2 State by the person. 3 `Subdivision 3 Procedures for taking disciplinary 4 action 5 `64S Application of sdiv 3 6 `This subdivision sets out the procedures for taking 7 disciplinary action against a person. 8 `64T Preliminary notice 9 `(1) If the licensing review committee considers that a ground may 10 exist for taking disciplinary action against a person, the 11 committee may give the person a written notice (preliminary 12 notice) stating-- 13 (a) that the committee is considering whether it should hold 14 a hearing-- 15 (i) to decide whether a ground exists for taking 16 disciplinary action against the person; and 17 (ii) if the committee decides a ground exists for taking 18 disciplinary action--to decide whether disciplinary 19 action is to be taken, and if so, the details of the 20 disciplinary action; and 21 (b) the ground that the committee considers may exist for 22 taking disciplinary action against the person; and 23 (c) an outline of the committee's understanding of the facts 24 and circumstances forming the basis for the committee's 25 view that the ground may exist; and 26 (d) an invitation to the person to give the committee 27 information the person considers the committee should 28 consider before deciding whether to hold the hearing, 29 including information the person considers would 30 justify the committee in deciding not to act further under 31 this part; and 32

 


 

s 60 47 s 60 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 (e) that, to ensure the committee is required to consider the 1 person's information, the committee must receive the 2 information within the fixed period after the date of the 3 notice; and 4 (f) what the fixed period is. 5 `(2) The preliminary notice must be dated not earlier than the day 6 the notice is given. 7 `(3) The committee must consider information provided by the 8 person in response to the preliminary notice if the information 9 is received by the committee within the fixed period after the 10 date of the preliminary notice. 11 `(4) The committee may consider, but is not required to consider, 12 information provided by the person in response to the 13 preliminary notice if the information is received by the 14 committee after the fixed period. 15 `(5) A preliminary notice may deal with-- 16 (a) more than 1 ground; or 17 (b) more than 1 set of facts and circumstances. 18 `(6) In this section-- 19 fixed period means 14 days, or a longer period fixed by the 20 licensing review committee for a particular preliminary 21 notice. 22 `64U Consideration before disciplinary hearing 23 `The licensing review committee may hold a disciplinary 24 hearing under section 64W only if-- 25 (a) the committee has considered-- 26 (i) all information provided by the person that the 27 committee is required to consider; and 28 (ii) all other information provided by the person that 29 the committee decides to consider; and 30 (b) the committee still considers that the ground mentioned 31 in the preliminary notice may exist for taking 32 disciplinary action against the person. 33

 


 

s 60 48 s 60 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 `64V Disciplinary hearing notice 1 `(1) Before holding a disciplinary hearing under section 64W, the 2 licensing review committee must give the person a written 3 notice (disciplinary hearing notice) stating-- 4 (a) that the committee still considers the ground mentioned 5 in the preliminary notice may exist for taking 6 disciplinary action against the person; and 7 (b) that the committee has decided to hold a disciplinary 8 hearing-- 9 (i) to decide whether the ground exists; and 10 (ii) if the committee decides the ground exists--to 11 decide whether disciplinary action is to be taken, 12 and if so, the details of the disciplinary action; and 13 (c) an outline of the committee's understanding of the facts 14 and circumstances forming the basis for the committee's 15 view that the ground may exist; and 16 (d) when and where the disciplinary hearing is to be held; 17 and 18 (e) that-- 19 (i) the person is required to appear at the hearing; and 20 (ii) if the person appears at the hearing, the person may 21 give information or make submissions to the 22 committee at the hearing; and 23 (f) that, if the person does not appear at the hearing-- 24 (i) the person may give information or make 25 submissions to the committee in another way; and 26 (ii) the committee may act in the person's absence, 27 whether or not the person gives information or 28 makes submissions. 29 `(2) The disciplinary hearing notice must be dated not earlier than 30 the day the notice is given. 31 `(3) The date the committee fixes for the disciplinary hearing must 32 be at least 14 days after the date of the disciplinary hearing 33 notice. 34

 


 

s 60 49 s 60 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 `(4) The committee must include with the disciplinary hearing 1 notice-- 2 (a) a copy of the preliminary notice; and 3 (b) copies of all available written material held by the 4 committee that the committee reasonably considers to 5 be relevant to the proposed disciplinary hearing. 6 `64W Disciplinary hearing 7 `(1) The licensing review committee may hold a hearing 8 (disciplinary hearing)-- 9 (a) to decide whether the ground mentioned in the 10 preliminary notice and disciplinary hearing notice exists 11 for taking disciplinary action against the person; and 12 (b) if the committee decides the ground exists--to decide 13 whether disciplinary action is to be taken, and if so, the 14 details of the disciplinary action. 15 `(2) The disciplinary hearing is taken to be held as, or as a part of, 16 a meeting of the committee, and the provisions of this Act 17 providing for the holding of meetings of the committee apply 18 to the meeting to the extent the provisions are consistent with 19 the provisions of this subdivision. 20 `64X Disciplinary hearing requirements 21 `(1) When conducting the disciplinary hearing, the licensing 22 review committee-- 23 (a) must comply with natural justice; and 24 (b) must act as quickly and with as little formality and 25 technicality as is consistent with appropriate 26 consideration of the issues before it; and 27 (c) is not bound by the rules of evidence; and 28 (d) may inform itself of anything in the way it considers 29 appropriate; and 30 (e) may adjourn the hearing at any time to make further 31 enquiries or for another purpose. 32

 


 

s 60 50 s 60 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 `(2) Also, the committee must-- 1 (a) at the start of the hearing, tell the person-- 2 (i) the facts and circumstances forming the basis for 3 the committee's view that the ground mentioned in 4 the preliminary notice and disciplinary hearing 5 notice may exist for taking disciplinary action 6 against the person; and 7 (ii) what possible disciplinary action the committee 8 may take against the person; and 9 (b) if asked by the person--explain to the person any aspect 10 of the committee's procedures or any decisions or 11 rulings relating to the hearing; and 12 (c) ensure the person has the fullest opportunity practicable 13 to be heard. 14 `(3) The disciplinary hearing is not open to the public unless the 15 committee otherwise decides. 16 `(4) At the disciplinary hearing, the committee may act in the 17 absence of the person if it reasonably believes that the 18 requirements of this Act for giving the holder the disciplinary 19 hearing notice have been followed. 20 `64Y Evidence and findings in other proceedings may be 21 received or adopted 22 `During the disciplinary hearing the licensing review 23 committee may-- 24 (a) receive in evidence a transcript or part of a transcript of 25 evidence taken in a proceeding before any disciplinary 26 body or a court, tribunal or other entity constituted 27 under the law of the State, the Commonwealth, another 28 State or a foreign country and draw conclusions of fact 29 from the evidence; or 30 (b) adopt as it considers appropriate decisions, findings, 31 judgments or reasons for judgment of a disciplinary 32 body, court, tribunal or entity that may be relevant to the 33 disciplinary hearing. 34

 


 

s 60 51 s 60 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 `64Z Licensing review committee to keep record of 1 disciplinary hearing 2 `(1) The licensing review committee must keep a record of 3 evidence given to it for the disciplinary hearing. 4 `(2) However, the committee is not required to keep a transcript of 5 the disciplinary hearing. 6 `(3) In this section-- 7 evidence, given to the licensing review committee, includes 8 information given and submissions made to the committee. 9 `64ZA Decision about taking disciplinary action 10 `(1) As soon as practicable after completing the disciplinary 11 hearing, the licensing review committee must-- 12 (a) decide whether the ground mentioned in the preliminary 13 notice and disciplinary hearing notice exists for taking 14 disciplinary action against the person; and 15 (b) if the committee decides that the ground exists for 16 taking disciplinary action against the person--decide 17 whether disciplinary action is to be taken, and if so, the 18 details of the disciplinary action; and 19 (c) give the person a written notice informing the person of 20 what the committee has decided. 21 `(2) If the committee decides that disciplinary action is to be taken 22 against the person, the written notice must include 23 information notices for the committee's decisions under 24 subsection (1)(a) and (b). 25 `(3) The disciplinary action takes effect on the day stated in the 26 written notice for the disciplinary action to take effect. 27 `(4) The day stated in the written notice for the disciplinary action 28 to take effect must be not earlier than the day the notice is 29 given. 30 `(5) In this section-- 31 information notice means written notice stating-- 32 (a) the decision; and 33

 


 

s 61 52 s 62 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 (b) the reasons for the decision; and 1 (c) that the person may appeal against the decision under 2 part 11.'. 3 Clause 61 Amendment of s 122 (Power to require production of 4 certain documents) 5 Section 122-- 6 insert-- 7 `(8) In this section-- 8 corresponding licence means a licence, permit, certificate or 9 other authority that-- 10 (a) is issued or granted under a law of the Commonwealth 11 or another State about workplace health and safety; and 12 (b) is equivalent, in its effect, to a licence or certificate 13 issued under a regulation or an occupational certificate 14 mentioned in section 39. 15 document does not include-- 16 (a) a licence or certificate issued under a regulation under 17 this Act; or 18 (b) an occupational certificate mentioned in section 39; or 19 (c) a corresponding licence.'. 20 Clause 62 Amendment of s 147A (Definitions for pt 11) 21 (1) Section 147A-- 22 insert-- 23 `licence holder means the holder of an occupational licence or 24 corresponding occupational licence. 25 review entity means-- 26 (a) for a decision of an inspector, other than a decision to 27 give a prohibition notice to a licence holder--the chief 28 executive; or 29

 


 

s 63 53 s 65 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 (b) for a decision of an inspector to give a prohibition notice 1 to a licence holder, or a decision of the chief executive to 2 give a licence holder a licence show cause notice--the 3 licensing review committee.'. 4 (2) Section 147A, definition original decision, paragraph (a)-- 5 omit, insert-- 6 `(a) for division 2, means-- 7 (i) a decision of an inspector; or 8 (ii) a decision of the chief executive to give a licence 9 holder a licence show cause notice; or'. 10 (3) Section 147A, definition original decision, paragraph (d)-- 11 insert-- 12 `(v) a decision of the licensing review committee under 13 section 64ZA or 150.'. 14 Clause 63 Amendment of pt 11, div 2 hdg 15 Part 11, division 2, heading, `Internal review'-- 16 omit, insert-- 17 `Review'. 18 Clause 64 Amendment of s 149 (Procedure for review) 19 Section 149, `chief executive'-- 20 omit, insert-- 21 `review entity'. 22 Clause 65 Amendment of s 150 (Review of decision) 23 (1) Section 150(1), (3) and (5), `chief executive'-- 24 omit, insert-- 25 `review entity'. 26 (2) Section 150(2), `The'-- 27

 


 

s 66 54 s 69 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 omit, insert-- 1 `If the review entity is the chief executive, the'. 2 Clause 66 Amendment of s 161 (Evidentiary aids) 3 Section 161(2)(b), before `certificate'-- 4 insert-- 5 `licence,'. 6 Clause 67 Amendment of s 171 (False or misleading statements) 7 Section 171(3), definition official-- 8 omit, insert-- 9 `official means-- 10 (a) a board of inquiry; or 11 (b) the licensing review committee; or 12 (c) the chief executive; or 13 (d) an inspector; or 14 (e) an authorised representative.'. 15 Clause 68 Amendment of s 172 (False, misleading or incomplete 16 documents) 17 (1) Section 172(1), after `board of inquiry,'-- 18 insert-- 19 `the licensing review committee,'. 20 (2) Section 172(2)(a), after `board,'-- 21 insert-- 22 `committee,'. 23 Clause 69 Amendment of s 183 (Protection from liability--officials) 24 Section 183(1), definition official-- 25

 


 

s 70 55 s 71 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 omit, insert-- 1 `official means-- 2 (a) the Minister; or 3 (b) a member of a board of inquiry; or 4 (c) a member of the board, an industry sector standing 5 committee or the licensing review committee; or 6 (d) the chief executive; or 7 (e) an inspector.'. 8 Clause 70 Amendment of s 184A (Appointment of principal 9 contractors) 10 (1) Section 184A(1)(b), from `the estimated'-- 11 omit, insert-- 12 `has an estimated final price of more than $80000.'. 13 (2) Section 184A(3)(b), `no later than 10 days'-- 14 omit. 15 Clause 71 Amendment of s 185C (Confidentiality of particular 16 information) 17 Section 185C(1) and (2)-- 18 omit, insert-- 19 `(1) This section applies to an official who, in the course of 20 administering this Act or because of an opportunity provided 21 by involvement in administering this Act, has-- 22 (a) acquired information about someone else; or 23 (b) gained access to a document about someone else. 24 `(2) The official must not do either of the following-- 25 (a) disclose to anyone else-- 26 (i) the information; or 27 (ii) the contents of or information contained in the 28 document; 29

 


 

s 72 56 s 72 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 (b) give access to the document to anyone else. 1 Maximum penalty--100 penalty units. 2 `(2A) Subsection (2) does not apply to the disclosure of information, 3 or the giving of access to a document, about a person-- 4 (a) with the person's written consent; or 5 (b) for administering, or monitoring or enforcing 6 compliance with, this Act; or 7 (c) for the administration or enforcement of another Act or 8 law, if the disclosure or access is in the interests of 9 public safety; or 10 (d) in a proceeding before a court or a board of inquiry in 11 which the information is relevant to the issue before the 12 court or board; or 13 (e) as required or authorised under an Act.'. 14 Clause 72 Insertion of new s 185D 15 After section 185C-- 16 insert-- 17 `185D Giving information to corresponding entity 18 `(1) The chief executive may, if asked by a corresponding entity 19 under an arrangement, give the entity information held by the 20 chief executive that the chief executive is satisfied will help 21 the entity in the exercise of the entity's functions under a 22 corresponding law. 23 `(2) A corresponding official who, in the course of administering a 24 corresponding law or because of an opportunity provided by 25 involvement in administering a corresponding law, has 26 acquired information about someone else, or gained access to 27 a document about someone else, must not do either of the 28 following-- 29 (a) disclose to anyone else the acquired information or 30 information from the accessed document; 31 (b) give access to the document to anyone else. 32 Maximum penalty--100 penalty units. 33

 


 

s 73 57 s 73 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 `(3) Subsection (2) does not apply to the disclosure of information, 1 or the giving of access to a document, about a person-- 2 (a) with the person's written consent; or 3 (b) for administering, or monitoring or enforcing 4 compliance with, the corresponding law in relation to 5 which the information was given under subsection (1); 6 or 7 (c) for the administration or enforcement of another Act or 8 law, if the disclosure or access is in the interests of 9 public safety; or 10 (d) in a proceeding before a court, or before an entity 11 carrying out functions under the corresponding law in 12 relation to which the information was given under 13 subsection (1), in which the information is relevant to 14 the issue before the court or entity; or 15 (e) as required or authorised under an Act. 16 `(4) Subsection (1) applies despite section 185C. 17 `(5) In this section-- 18 corresponding entity means a person who, in relation to the 19 administration of a corresponding law, has functions similar to 20 the chief executive in relation to the administration of this 21 Act. 22 corresponding law means a law of the Commonwealth or 23 another State about workplace health and safety. 24 corresponding official means a person who is, or has been-- 25 (a) a corresponding entity or a delegate of a corresponding 26 entity; or 27 (b) another person involved in the administration of a 28 corresponding law.'. 29 Clause 73 Insertion of new pt 17, div 4 30 Part 17-- 31 insert-- 32

 


 

s 74 58 s 74 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 `Division 4 Transitional provisions for Workers' 1 Compensation and Rehabilitation 2 and Other Acts Amendment Act 3 2007 4 `193 Existing reviews of relevant licensing decisions 5 `(1) This section applies if-- 6 (a) before the commencement of this section, a person 7 made an application for the review of a relevant 8 licensing decision, under part 11, division 2 of this Act 9 as in force before the commencement; and 10 (b) the application has not been decided or withdrawn at the 11 commencement. 12 `(2) If the chief executive has started considering the application, 13 the chief executive must continue considering the application 14 and decide it in the way required under section 150 as in force 15 before the commencement. 16 `(3) If the chief executive has not started considering the 17 application-- 18 (a) the application is taken to be an application for review 19 made to the licensing review committee; and 20 (b) the licensing review committee must consider and 21 decide the application in the way required under section 22 150 as if the application had been made to the 23 committee after the commencement. 24 `194 Grounds for disciplinary action 25 `The grounds, under section 64L, for the licensing review 26 committee taking disciplinary action against a person apply 27 only to work or an activity performed or supervised by the 28 person after the commencement of this section.'. 29 Clause 74 Amendment of sch 3 (Dictionary) 30 (1) Schedule 3-- 31

 


 

s 74 59 s 74 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 insert-- 1 `associated class 10a building means a class 10a building that 2 is associated with a class 1a building. 3 class 10a building means a building that, under the BCA, part 4 A3.2, is classified as a class 10a building. 5 corresponding occupational licence-- 6 (a) means a licence, permit, certificate or other authority-- 7 (i) issued or granted under a law of the 8 Commonwealth or another State about workplace 9 health and safety; and 10 (ii) authorising its holder to perform work or an 11 activity that is the same or substantially the same 12 as work or an activity for which an occupational 13 licence may be issued under this Act; and 14 (b) includes a licence, permit, certificate or other authority, 15 issued or granted under a law of the Commonwealth or 16 another State, that is prescribed under a regulation. 17 licence holder, for part 11, see section 147A. 18 licence show cause notice means-- 19 (a) in relation to the holder of an occupational licence--a 20 written notice about the chief executive's proposal to 21 suspend or cancel the holder's licence under a 22 regulation; or 23 (b) in relation to the holder of a corresponding occupational 24 licence--a written notice about the chief executive's 25 proposal to, under a regulation, recommend to the 26 relevant recognised official that the official suspend or 27 cancel the holder's licence. 28 licensing review committee means the Licensing Review 29 Committee established under section 64A. 30 occupational licence means-- 31 (a) a licence or certificate to perform particular work, or a 32 particular activity, issued under this Act; or 33 (b) an occupational certificate mentioned in section 39. 34

 


 

s 74 60 s 74 Workers' Compensation and Rehabilitation and Other Acts Amendment Bill 2007 recognised official, in relation to a corresponding 1 occupational licence, means a person who may issue, suspend 2 or cancel the licence under a law of the Commonwealth or 3 another State about workplace health and safety. 4 relevant licensing decision means-- 5 (a) a decision of the chief executive to give a licence show 6 cause notice to the holder of an occupational licence or 7 corresponding occupational licence; or 8 (b) a decision of an inspector to issue a prohibition notice to 9 the holder of an occupational licence or corresponding 10 occupational licence. 11 review entity, for part 11, see section 147A.'. 12 (2) Schedule 3, definition structure, paragraph (a), `a steel or 13 reinforced concrete'-- 14 omit. 15 State of Queensland 2007

 


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