The recommendations in the Qld Industrial Relations
and Workers’
Compensation
scheme review are
Queensland Employment Standards
1 Consideration of National Employment Standards Inquiry outcomes
That outcomes of the federal inquiry into the operation and adequacy of the National
Employment Standards inform later consideration of the adequacy of the Queensland
Employment Standards under the IR Act.
2 Alignment of Queensland Employment Standards entitlements with federal
jurisdiction
That the Queensland Government consider aligning the entitlements in the
Queensland Employment Standards to mirror those in the National Employment
Standards as a priority.
3 Continuous service – eligibility for long service leave
That, on conclusion of the federal inquiry into the National Employment Standards,
the Queensland Government consider if any amendments should be made to the
long service leave provisions of the IR Act.
4 Termination of employment arising from temporary absence
That the Queensland Government consi der the interaction of the IR Act and Workers'
Compensation and Rehabilitation Act 2003 (Qld) provisions in relation to temporary
absence due to illness or injury to ensure sufficient and consistent protections across
the legislative schemes. Any supplementary changes to the Industrial Relations
Regulation 2018 (Qld) should be made to ensure consistency.
5 Parental leave interactions
That, on conclusion of the National Employment Standards Inquiry, the Queensland
Government review the interaction of particular parental leave provisions of the IR Act,
namely sections 73 and 87B.
6 Flexible work requests
That the Queensland Government consider amending the IR Act’s provisions relating
to flexible work requests to align with the Fair Work framework.
7 High income threshold
That the IR Act be amended to exclude access to unfair dismissal protections for
employees earning over the high -income threshold and covered by an award or
agreement.
8 Continuous service – casual employees
That the IR Act be amended to c larify what is “continuous service” when calculating
long service leave entitlements. In particular, it should be expressly clarified that a
casual employee’s continuous service is broken for the purposes of calculating long
service leave where there is a period of more than three months between the end of
one casual engagement and the commencement of the next casual engagement.
Freedom of association
9 Registered organisations framework
The IR Act’s registered organisations framework should be reviewed.
10 Consideration of COI outcomes
That the Queensland Government consider outcomes of the Commission of Inquiry
into the CFMEU and Misconduct in the Construction Industry on its completion. The
Queensland G overnment should consider any amendments to the IR Act to support
the findings of the Commission of Inquiry into the CFMEU and Misconduct in the
Construction Industry at this point in time.
11 Whistleblower protections
That the Queensland Government consider amending the IR Act to include
protections for whistleblowers based on the protections in the Fair Work (Registered
Organisations) Act 2009 (Cth).
12 Review of 2022 amendments
That the Queensland Government review the operation of the amendments made to
the IR Act by the Industrial Relations and Other Legislation Amendment Act 2022 (Qld).
This should include consideration of the IR Act’s treatment of incorporated entities
with an industrial purpose, and the current definition of “industrial activities”.
13 Union Encouragement Policy
That the Queens land Government review its Union Encouragement Policy .
Registered organisations
14 Industrial organisations to represent eligible members
Amend the relevant IR Act provisions to clarify that industrial organisations may only
represent the interests of individuals who are members or eligible to be members of
the industrial organisation. This change would reduce the prospect of demarcation
dis putes and would clarify the operation of right of entry provisions, rights to inspect
employee records, and other p rovisions of the IR Act.
15 Publication of union rules
That the IR Act be amended to provide that the rules of all organisations registered
under the IR Act must be publicly accessible (on the Queensland Industrial Relations
Commission website). The Queensland Industrial Relations Commission should
maintain a publicly accessible register of all organisations registered under the IR Act
and the rules of each organisation.
16 Fit and proper person test
That, as included in the Fair Work Act 2009 (Cth) , the IR Act be amended to provide
that union officials must comply with a robust ‘fit and proper person’ test which
requires them to act lawfully and in their members’ best interests, in order to exercise
lawful right of entry powers.
17 Right of entry – time and wages
That the IR Act be amended to align the requirements for an exercise of an
authorised officer’s right of entry with those in the Fair Work Act 2009 (Cth) . In
particular, the following is to be required:
• The authorised officer must have notifie d the employer or employer’s
representative of an intention to enter the workplace;
• The authorised officer must give the employer or employer’s representative written
notice of intention to enter the workplace; • Such notice must be provided during working hours and at least 24 hours, but not
more than 14 days, before the entry; and
• The notice must contain relevant particulars, including: the premises proposed for
entry, the day of the entry, the name of the authorised officer and the employing
organisation, and the provision of the IR Act under which entry is sought.
18 Bargaining parties behaviour
That the Queensland Government consider if measures should be provided for to
bolster good faith bargaining requirements.
19 Additional transparency measures
That the Queensland Government consider introducing further measures to boost
transparency in relation to public reporting obligations on registered organisations,
including reporting obligations in relation to expenditure.
20 Conduct of industrial ballots
That the IR Act be amended to provide for the Electoral Commission of Queensland to
conduct all industrial ballots.
21 Balloting methods
That the IR Act be amended to allow for the use of postal, electronic or other
appropriate voting methods in the conduct of union elections to improve flexibility,
efficiency and engagement.
22 Time and wages records
Clarify the policy intent underlying the broad right for an authorised officer to be
provided access to time and wages records to ensure it is not used as a means of
subverting existing mechanisms for access to information such as legal discovery
processes.
Collective Bargaining
23 Balloting – ability to direct ballot employees
That, similar to the Fair Work Act 2009 (Cth) , the IR Act be amended to provide that
where an application for certification of a negotiated agreement is made to the
Queensland Industrial Relations Commission , the agreement may be put to employee
ballot without obtaining in -principle agreement from the union(s) party to the
agreement.
The ability to ballot employees in absence of in -principle agreement from the union/s
party should be enlivened on conclusion of the peace obligation period. Parties
should not be required to attend conciliation prior to balloting employees, but any
ballot must occur prior to a decision being made to refer the negotiations to
arbitration.
24 Protected Industrial Action: Increased notice period
That, similar to the Fair Work Act 2009 (Cth), the IR Act be amended to require that a
person intending to take protected industrial action must give written notice of the
intention to all of the negotiating parties for the proposed bargaining instrument at
least three working days before the action is taken, where the industrial action is
responding to or occurring after industrial action taken by another party to the
proposed bargaining instrument.
25 Consequences of protected industrial action
That the Queensland Government consider harmonising the consequences of
protected industrial action in the IR Act with the Fair Work Act 2009 (Cth) provisions,
which mandate deductions of pay arising from the taking of protected industrial
action.
26 Payment for strikes
That the Queensland Government consider amending the IR Act to provide that an
employer must not pay an employee for a period where an employee engages in a
strike.
27 Protected Industrial Action: Ministerial declaration terminating industrial action
That amendments to the IR Act be considered, similar to the Fair Work Act 2009 (Cth) ,
to enable the Minister to make a written declaration terminating protected industrial
action for a proposed enterprise agreement if the Minister is satisfied that:
a. the industrial action is being engaged in, or is threatened, impending or probable;
and
b. the industrial action is threatening, or would threaten to either endanger the life,
the personal safety or health, or the welfare of the population or part of it; or to
cause damage to the Queensland economy or an important part of it; or would be
otherwi se contrary to the public interest; or
c. that it is in the public interest that protected industrial action taken by frontline or
critical service delivery workers be terminated on the basis of concerns about
service delivery impacts on the population or part of it.
The declaration will come into operation on the day that it is made.
28 Applications for suspension or termination of protected industrial action
That the IR Act be amended to reduce the burden on employer applicants and
facilitate the granting of applications by the Que ensland Industrial Relations
Commission for suspension or termination of protected industrial action for a
proposed bargaining instrument, where the Queensland Industrial Relations
Commission is satisfied the action is or may cause significant economic harm to an
employer covered by the proposed instrument.
Consideration should be given to lowering the threshold for imminent harm and
protracted industrial action.
29 Protected Industrial Action in conciliation
That the IR Act be amended to disallow negoti ating parties to take protected
industrial action in relation to a bargain once an application for conciliation has been
made.
30 Scope orders
That the IR Act be amended to require, similar to the Fair Work Act 2009 (Cth) , that the
Queensland Industrial Relations Commission consider the impacts of a proposed
scope order on an employer when considering whether to make such an order.
Specifically, the Queensland Industrial Relations Commission must be satisfied that
the order will not adversely impact the business or operational needs of the employer, with regard given to the nature of the work performed, any budgetary
consideration, and considerations on productivity.
31 Interim wage increases in arbitration
That the IR Act be amended to remove the ability for a party to apply for an interim
wage increase in arbitration proceedings.
32 Matters considered in making arbitration determination
That the IR Act be amended to require the Queensland Industrial Relations
Commission to consider particular matters when making an arbitration
determination in proceedings for a negotiated agreement. The matters the
Queensland Industrial Relations Commission must have regard to should align with
the factors taken into account by the Fair Work Commission in making a workplace
determination under the Fair Work Act 2009 (Cth). These include:
a. the merits of the case;
b. the interests of the employers and employees who will be covered by the
proposed negotiated agreement;
c. the significance of any arrangements or benefits in a cert ified agreement to the
parties covered by it;
d. the public interest;
e. how productivity might be improved in the enterprise or enterprises concerned;
f. the extent of which the conduct of the bargaining representatives for the
proposed enterprise agreement concerned was reasonable during bargaining for
the agreement;
g. the extent to which the bargaining representatives for the proposed enterprise
agreement have complied with good faith bargaining requirements; and
h. incentives to bargain at a later time.
In the alternative, that the Queensland Government consider amending the IR Act to
require the Queensland Industrial Relations Commission to consider the following
matters when making an arbitration determination:
a. The fiscal position and strategy of the State of Queensland as employer and the
impact of the decision on employment;
b. Opportunities for mutual gains;
c. Incentives to continue bargaining at a later time;
d. the impact of any proposed change on government service delivery, particularly
the delivery of essential services.
33 Conciliation
That the IR Act be amended to clarify that the date conciliation began is taken to be
the day a negotiating party asks the Queensland Industrial Relations Commission to
help the parties reach agreement.
34 Referral to arbitration That the IR Act be amended to provide that the conciliating member in a matter may refer the matter to arbitration either: a. three months from the nominal expiry date of certified agreement or bargaining award that applies to the parties; or
b. If satisfied that the parties are unlikely to reach agreement, at any time from the
day conciliation of the matter started.
35 Procedure for agreement certification
That the IR Act be amended to reduce the burden on the parties in an application for
certification or termination of an agreement by allowing the Queensland Industrial
Relations Commission to be satisfied that the requirements for deciding an
application to certify or terminate an agreement have been met, in circumstances
where no submission has been made that the requirements have not been met.
In drafting for this, consideration should be given to treatment to restore limited
coverage or provide transitional coverage to employees if it is later identified that
there were still employees reliant on the terminated agreement.
Wage -setting mechanisms
36 Award variation and agreement rates
That the Queensland Government consider amendments to the IR Act to:
a. provide that the Queensland Industrial Relations Commission must not make an
award variation where it pr oposes to incorporate certified agreement rates into
the parent award;
b. omit the ability of a party to apply to the Queensland Industrial Relations
Commission for the inclusion of provisions from a directive into an award, despite
current or prior application of the directive to the parties to the award.
37 Interactions between awards and agreements
That the IR Act be amended to:
a. Include in its main purpose to ensure productive workplaces and adequate
protections and fair conditions for employees;
b. Reflect that the main purpose of the IR Act is to be achieved by ensuring
productive workplaces and providing adequate protections and fair conditions for
employees;
c. Reflect that awards are a safety net rather than prevailing standards to clarify the
interactions of awards and agreements.
Recommendations 39 and 40 should be considered in making these amendments.
38 Adopt outcome of Annual Wage Review
The IR Act should be amended to allow the Full Bench of the Queensland Industrial
Relations Commission to adopt th e outcome of the A nnual Wage Review in the S tate
Wage Case without receiving evidence or submissions or conducting a hearing, in the
absence of an objection from an interested party. If a party objects, the Queensland
Industrial Relations Commission should hear the matter de novo.
39 State Wage Case increases in awards and agreements
a. That the Queensland Government consider repealing Directive No. 12/12: State
Wage Case and Certified Agreements, noting it is inconsistent with the wage -setting
model proposed in this Review .
b.

That the Queensland Government consult with the Office of Industrial Relations

and key stakeholders in relation to an appropriate time to repeal this directive.
40 Primary wage setting mechanism
1. That the Queensland Government consult with interested parties to explore
interactions of the wage setting mechanisms in the Queensland industrial
relations jurisdiction, with a view to identifying the most appropriate primary
wage setting mechanism. This should occur on conclusion of the curren t
bargaining cycle and may include consideration of the continuing need for both
an Award and an Agreement, as well as Independent Remuneration Tribunals and
Expert Wage Setting Panels.
2. That, in the interim the Queensland Government consider:
a. Ensuring the State Wage Case continues to set wages for workers who are
genuinely reliant on either award wages or the Queensland Minimum Wage;
and
b. Amending the IR Act such that, after 1 September 2026, award wages for
Queensland state public sector workers covered by a certified agreement are
not increased as a result of the State Wage Case, despite any provision in
certified agreements and Ministerial Directives.
Such amendments may include providing that the General Ruling made for the State
Wage Case will specify the wage rates that increase for those reliant on Award wages
or the Queensland Minimum Wage and not vary the award rates relevant to public
sector work ers covered by certified agreements.
Operation of the Industrial Court of Queensland and
Queensland Indu trial Relations Commission
41 Legal representation in the Queensland Industrial Relations Commission
That the IR Act be amended to provide for legal representation in any proceeding
before the Queensland Industrial Relations Commission including promoting
freedom of choice by restoring a worker’s ability to choose their legal representative
in proceedings and allowing a worker to choose to be represented by a private
lawyer, a lawyer acting for the worker’s union, or a lawyer acting for another
associati on or entity.
42 Appeal from a Full Bench of the Queensland Industrial Relations Commission
That the Queensland Government consider amending the IR Act so that an appeal
from a Full Bench of the Queensland Industrial Relations Commission where at least
one of the members is a presidential member lies directly to the Court of Appeal.
43 Exercise of powers by Industrial Court of Queensland and Queensland Industrial
Relations Commission – Decisions
That the IR Act be amended to extend to the entire jurisdic tion of the Industrial Court
of Queensland and Queensland Industrial Relations Commission to have the power,
either on application or acting on its own volition, to dismiss a matter, or refrain from
hearing a matter, further hearing, or deciding the matter, if the Industrial Court of
Queensland or Queensland Industrial Relations Commission considers that further
proceedings by the Industrial Court of Queensland or Queensland Industrial Relations
Commission are not necessary or desirable in the public intere st.
44 Recommendation to deal with vexatious litigants
That the IR Act be amended to empower the Queensland Industrial Relations
Commission to make orders to deal with vexatious litigants and improve efficiencies
in relation to these matters.
45 Paying out long service leave
That consideration be given to amending the IR Act, which permits the payment of
long service leave instead of taking leave, to provide that if no industrial instrument
or federal industrial instrument provides for an employee to be paid for all or part of
an entitlement to long service leave (instead of taking the leave), then an employee
with an entitlement to long service leave should be able to make application to his or
her employer to be paid the long service leave instead o f taking the leave; and that if
there is a dispute, the dispute can be conciliated and arbitrated by the Queensland
Industrial Relations Commission .
46 Public Sector Appeals
That the Queensland Government consider amending the IR Act to limit the
jurisdic tion of the Queensland Industrial Relations Commission to hear appeals
against employment -related decisions made under the Public Sector Act 2022 (Qld) to
(only) disciplinary decisions.
Status of the Industrial Court of Queensland ,
Queensland Industrial Relations Commission and its members
47 References to members of the Industrial Court of Queensland
That the IR Act be amended to clarify that the vice president or a deputy president of
the Industrial Court of Queensland is a judge of the Industrial Cour t of Queensland .
48 Appointments to the Industrial Court of Queensland and Queensland Industrial
Relations Commission
That the IR Act be amended to provide that a deputy president of the Industrial Court
of Queensland may be appointed by way of commission by the Governor -in -Council.
If accepted, the amendments should align the qualifications for appointment as a
judge of the Industrial Court of Queensland to those of a judge of the Supreme and
District Courts.
49 Exercise of powers by Industrial Court of Queensland - Appointment of the Vice
President and a Deputy President (Court)
That amendments to the IR Act be considered to clarify the conditions and
qualifications for appointment for members of the Industrial Court of Queensland .
50 Exercise of powers by Industrial Court of Queensland – Acting President
That the IR Act be amended to permit the Vice President to act as the president when
the president is temporarily unable to perform the functions of the office.
51 Exercise of powers by Industrial C ourt of Queensland – President
That the IR Act be amended to clarify who is responsible for the administration of the
Queensland Industrial Relations Commission , namely that the Vice President is
responsible to the President for the administration of the Queensland Industrial
Relations Commission and ensuring the orderly and expeditious exercise of the
jurisdiction and powers of the Queensland Industrial Relations Commission .
52 Renaming the Queensland Industrial Relations Commission
That consideration be given to rename the Queensland Industrial Relations
Commission to the Queensland Industrial Relations Court to ensure it clearly within
the hierarchy of state courts and appropriately reflects the nature of its jurisdiction
and the work it is now required to undertake.
53 Review structure of the Queensland Industrial Relations Commission
That consideration be given to a review of the structure of the Queensland Industrial
Relations Commission including the appointment of additional commissioners to
sup port operational efficiency
54 Punishment of contempt
That the IR Act be amended to empower the Queensland Industrial Relations
Commission to punish a person for contempt of the tribunal.
55 Discretion to award costs
That the IR Act be amended to broaden the discretion of the Industrial Court of
Queensland or Queensland Industrial Relations Commission to award costs, including
where costs were incurred due to unreasonable acts or pursuit of proceedings
without reasonable prospects of success.
Other
56 Industrial disputes and public sector appeals
That the Queensland Government consider amending the IR Act to clarify that
matters that are expressly non -appealable under the Public Sector Act 2022 (Qld )
cannot be subject of an industrial dispute under the IR Act.
57 Concurrent statutory claims under related legislation
That the Queensland Government consider if efficiencies can be improved in relation
to the handling of concurrent or overlapping proceedings in the Queensland
Industrial Relations Commi ssion made under multiple statutory claims, arising from
the same factual matrix. In particular, consideration should be given to claims
brought under the IR Act’s provisions for industrial disputes (section 261), unfair
dismissal (section 317) and general protections (section 309), and parallel complaints
under the Anti-Discrimination Act 1991 (Qld ), the Human Rights Act 2019 (Qld ) and the
Public Sector Act 2022 (Qld ).
58 Chapter 10A IR Act
That the Queensland Government consider the status of Chapter 10 A of the IR Act,
with regard given to the outcomes of the applications for relevant minimum
standards orders before the Fair Work Commission.
59 Public interest disclosures
That recommendation 84 of the 2023 Final Report into the Review of the Public
Interest Disclosure Act 2010 (Qld ) be given effect by clarifying that the Public Interest
Disclosure Act 2010 (Qld ) is an industrial law, and a public officer’s eligibility to make a
public interest disclosure is considered a workplace right.
60 Public Sector Appeals – Queensland Police Service
That the Queensland Government consider the most appropriate forum for
determining disciplinary appeals for Queensland Police Officers. In doing so, regard
List of recommendations IR Recommendations
2026 Industrial Relations and Workers’ Compensation Scheme Review Page 20 of 221
is to be given to the outcomes of the 2025 -26 Review of the Queensland Civil and
Administrative Tribunal Act 2009 (Qld).
61 Remove outworkers and wages in rural mining industries divisions
62 Boxed directives
That the Queensland Government consider measures to address exceptional or
emergency circumstances (e.g. i n the case of natural disasters and response to natural
disasters, the 2032 Olympic and Paralympic Games). This could include, for example,
reinstating “special/boxed directives” in relation to industrial relations entitlements so
certain matters could be dealt with administratively in accordance with the Public Sector
Act 2022 (Qld) .
If it is considered necessary to, for example, change nominal expiry dates for
agreements so that bargaining is delayed during the key delivery period for the
Olympics, it is noted that this may require legislative change, noting appropriate
safeguards for employees would also need to be considered.
Psychological injuries
1 Employment contribution for psychological injuries
1.1 That the WCR Act be amended to add ‘the major ’ as a qualifier for work’s
‘significant contribution ’ to a psychiatric or psychological injury, to increase the
connection to employment for compensable psychiatric or psychological injuries.
2 Reasonable Management Action
2.1 That the WCR Act be amended to provide greater clarity on the meaning of
‘reasonable management action’ by:
• confirming that ‘management action’ need not be perfect, provided it is reasonable
overall; and
• confirming employer investigations of alleged misconduct are an example of a type
of ‘management action’ which precludes entitlement.
2.2 The Workers’ Compensation Regulator review guidance material on reasonable
management action for workers, employers and insurers.
3 Code of Practice for Claims Management for insurers
That the Minister make a Code of Practice for Claims Management to drive improved,
consistent and timely claims decision making and management across the scheme
with a focus on primary and secondary psychological injury claims.
4 Independent review of impact of recommendations for psychological injuries
That the Queensland Government, in consultation with the Workers’ Compensation
Regulator, undertake an independent review to determine whether the implemented
changes have addressed t he growth and impacts of psychological injuries within the
scheme.
5 Assessing degree of permanent impairment process for psychological injuries
That the WCR Act be amended to require the degree of permanent impairment
process for psychiatric or psychological injuries be aligned with the degree of
permanent impairment process for physical injuries.
6 Medical Expertise
That WorkCover Queensland engage and actively utilise dedicated internal high level,
centralised and specialist medical expertise (inclu ding psychiatric expertise) to
strengthen claims management, clinical governance and staff capability.
7 Uplift in insurer capability
That the Workers’ Compensation Regulator consider the current practices of insurers
in ensuring claims manager capability and whether guidance or a Code of Practice is
required.
Fraud
8 Claims management responses where reasonable belief of fraud
That the WCR Act be amended to:
• Automatically stay a claim for compensation or damages on the commencement of
a proceeding fo r fraud or attempted fraud offending under the WCR Act. • Allow the authorised person to issue a direction that payment of lump sum
compensation or claim for common law be stayed where there is a reasonable
belief of fraud.
• Allow an authorised person to issue a direction to stop compensation where there
is a reasonable belief of fraud (similar to the model used by WorkSafe Victoria).
9 Commencement of proceedings for fraud and related offending
That the WCR Act be amended to:
• allow proceedings for fraud to be taken, at the election of the prosecution, on
indictment; and
• have proceedings commenced in a summary way under the Justices Act 1886 (Qld),
before a Magistrate.
10 Maximum penalties for fraud and related offending
That the WCR Act be amended to increase the penalty for fraud offences with
consideration given to greater consistency with fraud and related offending under
the Queensland and Commonwealth Criminal Codes.
11 Notification of return to work (engaging in a calling)
11.1 That the WCR Act be amended to:
• require a worker declaration in an approved form be provided to an insurer on a
regular basis; and
• clarify that workers are required to notify insurers of any return to work.
11.2 That the State Penalties Enforcement Regulation 2014 be amended to allow
authorised persons of the Workers’ Compensation Regulator to issue an infringement
notice for failure to notify of an engagement in a calling.
12 Limitation period for fraud and related offending
That the WCR Act be amended to extend the current timeframe to commence a
proceeding:
• for fraud only to regardless of when the matter of complaint arose
• for other offences to one year after the commission of the offence comes to the
knowledge of the Workers’ Compensation Regulator.
13 Formal record of convictions for fraud and related offending
That the Minister engage with the Attorney -General and Minister for Justice on
including convictions for workers compensation fraud and related offending as
Disclosable Court Outcomes on individual National Pol ice Certificates.
Self -insurance
14 Self -insurer licence renewal period
The WCR Act be amended to extend the maximum self -insurance licence renewal
period from four to five years for demonstrated very high performing insurers.
15 Self -insurer health and safety management system auditing framework
That the Workers’ Compensation Regulator, review the current work health and safety
audit requirement and framework to evaluate its ongoing efficiency, effectiveness
and alignment with scheme objectives.
16 Liabilities at time of transfer between self -insurer and WorkCover Queensland
That the Workers’ Compensation Regulator review the current requirements under
the WCR Act and WCR Regulation for the transfer of liabilities between insurers to
ensure adequacy and appropriate avenues of dispute resolution for any
disagreement.
17 Specialised Insurance
That the Queensland Government, in consultation with the Workers’ Compensation
Regulator, conduct a feasibility study including consideration of a pilot, to evaluate
the financial, operational and regulatory impact for introducing specialised insurance
into the Queensland workers’ compensation scheme.
18 Self -insurers as a party to reviews and appeals
That the Queensland Government, in consultation with the Workers’ Compensation
Regulator, undertake a review to consider whether self -insurers should be a party for
a review or subsequent appeal conducted by the Workers’ Compensation Regulator.
Claims management and rehabilitation and return to work
19 Guid ance and Code of Practice about rehabilitation and return to work for
insurers
19.1 That the Workers’ Compensation Regulator review the current Rehabilitation and
return to work plan guideline – for insurers and Accredited rehabilitation and return to
work program guideline – for insurers to ensure that the expectations are appropriate
for the stage of the claim and to ensure there is strong communication between
stakeholders and quality, meaningful planning.
19.2 That the Minister make a Code of Practice for Rehabilitation and Return to Work
for insurers to promote consistent, proactive and effective return to work outcomes
across the scheme. This should have a focus on psychological injuries.
20 Guidance about rehabilitation and return to work for employers
20.1 Review the Guideline for Standard for Rehabilitation (Scheme Direction).
20.2 Review other current guidance and support available to employers to support
them to meet their obligations for rehabilitation and return to work including
consideratio n of the need for a Code of Practice. This should have a focus on
psychological injuries.
21 Workplace Rehabilitation Service providers
That the Workers’ Compensation Regulator consider whether a scheme direction
should be made to ensure that each provider of workplace rehabilitation services
meets certain requirements for their services including competency and professional
standards and service delivery.
Insurer performance and compliance
22 Issuing of compliance notices
That the WCR Act be amended t o ensure compliance notices can be effectively used
to address and enforce systemic non -compliance by insurers.
23 Enforceable undertakings for insurers
That the WCR Act be amended to introduce enforceable undertakings as a regulatory
tool for insurer non -compliance.
24 Insurer compliance with document requests
That the WCR Act be amended to broaden sections 93 and 94 to apply to all insurers
operating within the Queensland workers' compensation scheme.
25 Prosecutions to be managed by the Workers’ C ompensation Regulator
That the WCR Act be amended to mandate that all prosecutions within the scheme be
initiated, managed and directed exclusively by the Workers’ Compensation Regulator.
26 Publication of insurer performance and regulatory action
That the Workers’ Compensation Regulator expand the public disclosure of insurer
performance information by publishing the specific licence durations and
performance assessments, conditions and regulatory or enforcement actions taken.
Compensation
27 Modern isation of calculation of weekly compensation
That the Queensland Government, in consultation with the Workers’ Compensation
Regulator, conduct an evidence -based review to determine whether weekly
compensation calculations can be simplified and modernised.
28 Basic weekly payments
That the Queensland Government, in consultation with the Workers’ Compensation
Regulator, conduct an evidence -based review of basic weekly payments to ensure the
payments remains reasonable and fair for workers, employers and i nsurers.
Scheme coverage
29 Gig economy workers
That the Queensland Government consider the status of section 11(1)(b), with regard
given to the outcomes of the applications for relevant minimum standards orders
before the Fair Work Commission.
30 Extend presumptive coverage to Queensland Parks and Wildlife Service
firefighters
That the WCR Act be amended to extend presumptive firefighter coverage to
Queensland Parks and Wildlife Service employees who perform firefighting duties.
Governance of independ ent medical examiners and assessments
31 Strengthen governance of independent medical examiners and assessors
31.1 That the WCR Act be amended to establish a register of authorised independent
medical examiners and assessors able to provide services to the scheme. The register
is to be managed by the Workers’ Compensation Regulator.
31.2 That the Queensland Government, in consultation with the Workers’
Compensation Regulator and WorkCover Queensland, consider the most effective
way to transition to the ne w model for independent medical examiners under the
scheme.
32 Queensland’s Guidelines for evaluation of permanent impairment
That the Queensland Government, in consultation with the Workers’ Compensation
Regulator, review whether Queensland’s Guidelines for evaluation of permanent
impairment remains the most contemporary, appropriate and evidence -based tool for
assessing degrees of permanent impairment.
33 Interstate rehabilitation and return to work coordinators and claims managers
That the WCR Act be amended to remove the Queensland -based requirement for
rehabilitation and return to work coordinators and for persons who perform self -
insurer functions.
Review and appeal of insurer decisions
34 Timeframe to lodge disputes
That the WCR Act be amended to update the timeframe to lodge an application for
review to 20 business days and the timeframe to lodge an appeal to 30 business days.
35 Decision making timeframes for Review Unit
That the Workers’ Compensation Regulator, continue to focus on opera tional reforms
to reduce the timeframes for the Workers’ Compensation Review Unit to determine
review applications, while maintaining procedural fairness and quality decision -
making.
36 Decisions to be referred to Review Unit by insurers
That the WCR Act be amended to enable insurers to refer decisions to the Workers’
Compensation Regulator for review within 20 business days of becoming aware there
was a mistake of fact that was not reasonably available to the insurer at the time of
their decision.
37 Appeals for policy and premium matters
That the WCR Act be amended to move appeals for premium and policy matters to
the Queensland Industrial Relations Commission.
Other
38 Insurer access to medical information
That the Queensland Government, in consultation with the Workers’ Compensation
Regulator, review insurers’ statutory power to access and obtain medical information.
39 Access to worker’s claims history
That the WCR Act be amended to allow prospective employers to request a
prospective workers’ claims history summary from the Workers’ Compensation
Regulator for a fee.
40 Use of workers’ compensation documents for employment purposes
That the Queensland Government, in consultation with the Workers’ Compensation
Regulator, review employers’ permissible access and use of workers’ compensation
information.
41 Provision of information statements
That the WCR Act be amended to remove the requirement that employers provide an
information statement on commencement of employment.
42 Collaboration betw een the workers’ compensation scheme, Workplace Health
and Safety Queensland and industry
That the leadership of the Office of Industrial Relations investigate and consider the
systems, practices and policies necessary to maximise coordination between workers’
compensation, workplace health and safety and industry, without compromising the
obje ctives of either system.
