IP Administration

The Explanatory Statement for the Regulatory Reform Omnibus Bill 2026 (Cth) - now passed - states 

Schedule 1: Amendments to simplify business regulation 

The amendments in Schedule 1 make regulatory improvements for businesses by simplifying business reporting obligations, adding targeted safeguards for businesses that rely on intellectual property (IP) processes and easing administrative processes for plant breeders and importers. These amendments reflect that regulation affects every business operating in Australia, and that well-targeted regulation creates productive environments to encourage business investment while maintaining important safeguards for the community. 

Part 1 amends the Trade Marks Act 1995 to broaden the regulation-making power for the awarding of costs in contested proceedings before the Registrar of Trade Marks. This will enable the regulations to provide for costs to be awarded outside of the standard scale in limited circumstances, such as where a party is acting unreasonably or obstructively in a way that increases costs of another party. This is intended to deter such behaviour and ensure proceedings run efficiently and effectively. 

Part 2 amends the Trade Marks Act 1995 and the Patents Act 1990 to provide a regulation making power to close the re-registration loophole for patent and trade marks attorneys. The amendments will enable complaints and disciplinary processes in relation to an attorney's conduct while registered to continue even if the attorney becomes unregistered. The amendments also enable regulations to prescribe different re-registration requirements for different classes of individuals and companies, for example by imposing more stringent requirements for those who are or were the subject of disciplinary proceedings. 

Part 3 amends the Plant Breeder's Rights Act 1994 to provide a grace period for payment of renewal fees for Plant Breeder's Rights (PBR). The amendments simplify when the renewal fee must be paid and the consequences of non-payment. Part 3 also provides a simplified mechanism for handling an offer by the holder to surrender the PBR. The amendments will improve the PBR renewal and surrender process and more closely align processes with other IP rights. 

Part 4 amends the Trade Marks Act 1995 so that references in the Act and its regulations to the Madrid Protocol are as in force for Australia from time to time. Part 4 also inserts a regulation-making power to apply, adopt or incorporate a matter from the Regulations under the Madrid Protocol as in force from time to time. This reduces the need for frequent amendments to the Trade Marks Regulations 1995 to keep them consistent with the Madrid system, and provides greater certainty for users of the system. 

Part 4 also amends the Trade Marks Act 1995 so that the classes of goods and services for trade mark registration are the classes in the Classification established under the Nice Agreement, as in force for Australia from time to time. This change avoids the need to periodically update regulations when the Classification is updated. It also supports Australia's continued alignment with the international classification system used for trade marks.

GRATK

The Australian Parliament's Joint Committee on Treaties in its latest report addresses the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (aka GRATK) as follows 

The WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (GRATK Treaty) was referred to the Committee on 13 May 2026. 

 

The Committee received 13 submissions and held two public hearings in Canberra on 29 June 2026 and 6 July 2026. A list of submissions can be found in Appendix A and the details of the hearings and witnesses can be found in Appendix B. The transcripts of evidence from the public hearings can be accessed through the Committee’s website. 

 

Overview and background 

 

The GRATK Treaty creates an international framework for the introduction of a disclosure of source requirement into patent systems. The GRATK Treaty was created by the World Intellectual Property Organization (WIPO), the United Nations agency responsible for setting international norms for intellectual property (IP). The GRATK Treaty was adopted at WIPO in Geneva on 24 May 2024 and was open to WIPO Member States for signatures for one year following its adoption.Australia signed the GRATK Treaty on 12 December 2024. 

 

The disclosure of source requirement will require applicants of patent protection to disclose the source of knowledge for inventions based on any: Genetic Resource (GR): any material of plant, animal, microbial or other origin containing functional units of heredity (not including human genetic resources) Associated Traditional Knowledge (ATK): knowledge of Indigenous Peoples of local communities associated with a GR. The above requirements are intended to increase transparency in patents systems to promote recognition and respect for Indigenous Peoples’ culture and knowledge. The GRATK Treaty is the first WIPO treaty to include specific provisions for Indigenous Peoples and local communities.

 

Justification 

 

As a biodiverse country with many GRs and Aboriginal and Torres Strait Islander peoples with deep knowledge of GRs, the GRATK Treaty aligns strongly with Australia’s interests. 

 

Australia has considered the introduction of a disclosure of source requirement for several years, particularly considering concerns raised about Aboriginal and Torres Strait Islander knowledge appearing in the IP system. Introducing a disclosure of source requirement allows the Government to actively demonstrate its commitment to elevating Aboriginal and Torres Strait Islander knowledge systems. Furthermore, the entry into force of the GRATK Treaty contributes to the Australian Government’s policy of advancing economic empowerment and lasting economic security for Aboriginal and Torres Strait Islander peoples. 

 

A disclosure of source requirement for patents based on GRs and ATK will provide greater visibility of source information, which is not always clear. The provision and visibility of more information will allow for greater understanding of what GRs or ATK is being used as a basis for innovation and commercialisation in the patent system. The additional information will also support IP Australia’s examination of patents, which may further prevent the granting of erroneous patents. 

 

Australia played an active role in the WIPO negotiations to conclude and adopt the GRATK Treaty. The entry into force of the GRATK Treaty will provide increased recognition for the traditional knowledge of Indigenous Peoples and local communities and support a patent system with diverse innovation. The ratification of the GRATK Treaty would cement Australia’s role in leading IP approaches that foster economic opportunities for a diversity of actors. 

 

Through the ratification of the GRATK Treaty, Australia would become a Contracting Party to the GRATK Treaty. This means that Australia would be able to influence the future of the GRATK Treaty through participation in the Assembly.  Australia would also be able to maintain its ability to influence other ongoing international discussions relating to enabling Aboriginal and Torres Strait Islander peoples to protect and economically benefit from traditional knowledge and culture.

 

Furthermore, the GRATK Treaty provides an international standard for the implementation of disclosure of source requirements in patent processes. Consistency across jurisdictions through international standards assists patent applicants by minimising the navigation of disparate rules. 

 

Obligations 

 

Article 1 of the GRATK Treaty establishes its objectives: enhancing the efficacy, transparency and quality of the patent system regarding GR and ATK; and preventing patents from being wrongly granted for inventions that are not novel with regard to GR and ATK.Article 2 contains definitions for key terms used in the GRATK Treaty. This includes the definition of ‘based on’ meaning that the GR and/or ATK must have been necessary for the invention in a patent and that the claimed invention must depend on the specific properties of that GR and/or ATK. Article 2 also provides a term for signatories of the GRATK Treaty, Contracting Parties. This term includes countries and intergovernmental organisations. 

 

Patent disclosure of source requirements 

 

Article 3 contains the main obligations about the disclosure of source requirements. To fulfil the GRATK Treaty’s disclosure of source requirements, Contracting Parties must require patent applicants to disclose: the country of origin (or, where not known, the source) if the claimed invention is based on a GR the Indigenous Peoples or local community who provided any traditional knowledge for claimed inventions based on ATK.The GRATK Treaty provides examples of sources of GRs and ATK in Article 2. Applicants must also declare that the content of their disclosure is true and correct to the best knowledge of the applicant. If an applicant is unaware of this information they must disclose where they obtained the GR or ATK. Article 3.4 obliges Contracting Parties to provide guidance to applicants on how to meet and comply with disclosure requirements. It also requires Contracting Parties to provide applicants with an opportunity to rectify a failure to meet the disclosure requirements or correct an erroneous disclosure. However, the GRATK Treaty also allows for Contracting Parties to exclude applicants from this opportunity where fraudulent conduct or intent is present. Article 3.5 states that the responsible IP Office within a Contracting Party (IP Australia in Australia) shall not be obliged to verify the authenticity of any disclosures provided. This reflects that applicants have more available information regarding their claimed invention than an IP Office. In the event of failures to meet the disclosure requirements, appropriate, effective and proportionate measures must exist to address them. 

 

The GRATK Treaty allows for flexibility in the measures Contracting Parties use. Sanctions or remedies cannot be applied before an applicant has an opportunity to address a failure to disclose. Furthermore, under Article 5.3, Contracting Parties must not revoke, invalidate, or refuse to enforce patent rights solely due to an applicant’s failure to meet disclosure of source requirements. Article 5.4 does allow for Contracting Parties to apply sanctions post-grant of patent rights in cases of fraudulent intent by applicants. The obligations in Article 5 reflect the serious impact loss of patent rights can have on invention-based income and benefit sharing. Under Article 4, Contracting Parties shall not impose the obligations of the GRATK Treaty retrospectively. This means that any patent applications filed prior to the entry into force of the GRATK Treaty are not subject to the disclosure of source requirements set out in the GRATK Treaty. This aligns with Australia’s typical approach to the application of regulatory requirements. 

 

Information sharing and related systems 

 

Article 3.6 states that Contracting Parties shall make the information provided in source disclosures available in accordance with patent procedures. In Australia, patent procedures are determined by the Patents Act 1990, Patent Regulations 1991 and IP Australia’s Patent Manual of Practice and Procedure. 

 

The GRATK Treaty allows for Contracting Parties to establish information systems of known GR and ATK. This is not mandatory under the GRATK Treaty, however, Article 6.1 states that if established, it should be done in consultation with Indigenous Peoples and local communities where applicable. Contracting Parties should also ensure appropriate safeguards are developed for these databases. The information systems should be made available to the IP Offices for the purposes of examining patents. 

 

The Assembly 

 

Article 10 establishes an Assembly comprised of one delegate from each Contracting Party. The Assembly shall deal with all matters concerning the maintenance and development of the GRATK Treaty and its application and operation. However, any administrative tasks concerning the GRATK Treaty, including the provision of a secretariat for the Assembly, will be performed by the International Bureau of WIPO. Aside from Contracting Party delegates and WIPO staff, participation with Assembly business may be extended to representatives from Indigenous Peoples and local communities. Under, Article 10.1(c), the Assembly shall encourage Indigenous Peoples and local communities to effectively participate as accredited observers. 

 

Relationship with other international agreements 

 

Article 7 requires that the GRATK Treaty is implemented in a mutually supportive manner with other relevant international agreements. The GRATK Treaty specifically notes the Patent Cooperation Treaty (1970). Australia is a signatory to the Patent Cooperation Treaty (1970), and several other patent-related international agreements. Ensuring the implementation of the GRATK Treaty is consistent with Australia’s other relevant patent-related agreements would be part of progressing Australia’s patent system. 

 

Consultation 

 

Consultation on IP with regard to Indigenous Knowledge 

 

The topic of IP and Indigenous Knowledge was brought to WIPO for consideration in 2001. Discussions related to the GRATK Treaty began at WIPO in 2019. In 2018–19 and 2021 IP Australia commenced large-scale public consultation on Indigenous Knowledge issues with a range of stakeholders, prioritising Aboriginal and Torres Strait Islander engagement. 

 

These consultations heard support for disclosure of source requirements, noting they would not address all concerns regarding the use of Indigenous Knowledge. The following points were also widely noted during the consultations: the onus for indicating source information should be on the patent applicants disclosure of sources should capture secondary sources used measures to ensure disclosure requirements are met are very important disclosure should be part of further measures to support consent agreements and benefit sharing arrangements for the use of Indigenous Knowledge to ensure research and innovators are not burdened by requirements. Ahead of the final treaty negotiations IP Australia hosted roundtables to discuss the GRATK Treaty’s content with Aboriginal and Torres Strait Islander experts. 

 

Intellectual property was also a frequently raised topic during the Australia’s Ambassador for First Nations People engagement with Aboriginal and Torres Strait Islander people across Australia. Several Aboriginal and Torres Strait Islander observers were present for the conclusion of the GRATK Treaty at the WIPO May 2024 Diplomatic Conference. 

 

Industry engagement 

 

IP Australia regularly engages with IP stakeholders and professionals through consultation meetings. Updates on the GRATK Treaty were provided through these forums. IP Australia also engaged with IP attorney professionals and other industry stakeholders regarding the GRATK Treaty. IP Australia staff have attended various professional industry events and have spoken about or presented on the GRATK Treaty. 

 

IP Australia and the Department of Foreign Affairs and Trade also met with industry representatives ahead of the adoption of the GRATK Treaty, including from medicines and biotechnology sectors. Concerns were noted from some representatives about ensuring changes did not impact the legal certainty of the patent system. These concerns were also raised in negotiations at WIPO, resulting in the intention to create a disclosure of source requirement that maintains certainty and confidence in the patent system. 

 

State and Territory engagement 

 

The GRATK Treaty does not place obligations on State or Territory jurisdictions. States and Territories were briefed on the GRATK Treaty on 20 November 2024 at the Senior Officials Trade and Investment Group. They were also notified of the GRATK Treaty on 22 October 2025 through the Interjurisdictional Working Group. 

 

Implementation 

 

Article 9 sets out general principles on implementation; they allow for some flexibility in how Contracting Parties give effect to the GRATK Treaty’s obligations. The flexibility allows for Contracting Parties to determine the specific legal, administrative and policy measures needed to fulfill their obligations under the GRATK Treaty. 

 

Australia’s patent and IP systems are exclusively regulated by the Commonwealth. IP Australia is the Commonwealth entity responsible for administering patents. Implementation of the GRATK Treaty’s obligations in Australia would require amendments to the Patents Act 1990 and Patents Regulations 1991. Updates would also need to be made to administrative practice and procedure. 

 

Termination 

 

Under Article 19 any Contracting Party may denounce the GRATK Treaty by notification to the Director General of WIPO. Denunciation shall take effect one year following the Director General of WIPO receiving notification. Denunciation shall not affect the application of the GRATK Treaty to any pending patent applications and any patent in force at the time of a Contracting Party’s denunciation taking effect. 

 

Costs 

 

Joining the GRATK Treaty will result in no cost to the Australian Government or State and Territory Governments. 

 

As IP Australia operates on a cost recovery basis, the costs of any activities related to the implementation of the GRATK Treaty would be met from within IP Australia’s budget. 

 

The National Interest Analysis (NIA) for the GRATK Treaty raises concerns about potential costs to businesses. It argues that patent applicants already provide detailed information about their inventions under current requirements. The introduction of a new requirement will add another element to the already detailed process. This may potentially incur costs according to how inventions have been developed. 

 

The NIA predicts that this will be most relevant to industries linked to GR and ATK such as biotechnology, food, agriculture, nutraceutical, plant-based cosmetics and medical/pharmaceutical industries. Based on data from 2015-2020 IP Australia estimates that between 3 and 9 per cent of future patent applications filed in Australia may be subject to the disclosure of source requirements. 

 

Guidance may be required from patent attorneys and IP Australia regarding how to fulfill new disclosure of source requirements. 

 

Future treaty action 

 

Amendments to the GRATK Treaty are covered within Articles 8, 10, 14 and 15. 

 

Under Article 8, Contracting Parties commit to a review of the scope and content of the GRATK Treaty four years after its entry into force.This review will address issues like the possible extension of the Article 3 disclosure of source requirements to other areas of IP and issues deriving from new technologies. 

 

Article 10.2 allows the Assembly to adopt amendments to Articles 10 and 11. Adoption requires a three-fourths majority of the votes cast with each Contracting Party entitled to one vote.  Once adopted, these amendments would enter into force for all Contracting Parties one month after three-fourths of the Contracting Parties have notified the Director General of WIPO in writing of acceptance. Any such amendment applies to all Contracting Parties at the time of its entry into force. 

 

Article 14 provides that the GRATK Treaty may only be revised at a Diplomatic Conference in accordance with the Vienna Convention on the Law of Treaties. The Assembly has the power to decide the convocation of the Diplomatic Conference and shall give necessary instructions to the Director General of WIPO for its preparation. 

 

Article 20 provides that no reservations are permitted. 

 

Any amendments to the GRATK Treaty would be subject to Australia’s domestic treaty making requirements, including consideration by the Joint Standing Committee on Treaties. 

 

Ratification status 

 

WIPO currently has 194 Member States. Of these, only 44 Member States have signed or acceded to the GRATK Treaty. A table is included below listing these States by region. 

 

Table 4.1WIPO Member States that have signed the GRATK Treaty as of May 2026, by geographic region 

 

Algeria Bolivia Australia Albania Burkina Faso Brazil Democratic People’s Republic of Korea Bosnia and Herzegovina Cabo Verde Chile Indonesia Switzerland Central African Republic Colombia Iran Congo Dominican Republic Marshall Islands Côte d’Ivoire Ecuador Niue Eswatini Nicaragua Vanuatu Ghana Paraguay Lesotho Peru Madagascar Saint Vincent and the Grenadines Malawi Uruguay Morocco Namibia Nigeria São Tomé and Príncipe Senegal South Africa Tanzania The Gambia Togo Uganda Zambia  

 

The GRATK Treaty will enter into force three months after 15 eligible parties have deposited instruments of ratification or accession. To date two signatories have deposited instruments of ratification, Malawi in December 2024 and Uganda in July 2025. In March 2026, Albania deposited an instrument of accession. Whilst the period of the GRATK Treaty being open for signatures has ended, any Member State of WIPO may become party to the GRATK Treaty through an instrument of accession. 

 

Key Considerations 

 

Indigenous custodianship and control over traditional knowledge 

 

The GRATK Treaty is the first intellectual property treaty to refer to traditional knowledge, Indigenous Peoples and local communities. Aware of the ongoing challenges Australia’s Aboriginal and Torres Strait Islander peoples face regarding Indigenous Cultural and Intellectual Property (ICIP), the Committee was interested in First Nations perspectives of the GRATK Treaty. The Committee received several submissions from Indigenous organisations and academic experts. It also heard from representatives of the Indigenous Knowledge Panel to IP Australia (IK Panel), an independent panel that provides advice to IP Australia, and the National Native Title Council (NNTC), the peak body representing the native title sector. 

 

The Committee found these First Nations voices were calling for ratification of the GRATK Treaty. NNTC writes in their submission that the GRATK Treaty ‘…represents a small but positive step towards recognition of Indigenous Peoples Traditional Environmental Knowledge…’ Ms Chrissy Grant from the IK Panel explained: The current IP system has historically enabled the extraction and commercialisation of Indigenous knowledge without attribution, consent or benefit. Joining the GRATK treaty would be part of capturing the truth in the patent record where genetic resources or traditional knowledge have been used. It says this invention came from somewhere and from someone. That is the baseline that Aboriginal and Torres Strait Islander people have been denied for too long. 

 

The Committee also heard evidence about the potential interactions between the GRATK Treaty and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Adopted in 2007 by the United Nations General Assembly, UNDRIP is the most comprehensive international instrument on the rights of Indigenous Peoples. It establishes a framework of minimum standards for the survival, dignity and well-being of Indigenous Peoples. Australia formally endorsed UNDRIP in 2009.  IK Panel explained the relevancy of UNDRIP to the GRATK Treaty, stating: Under the Declaration of the Rights of Indigenous Peoples—UNDRIP—articles 3 and 4 provide for self-determination to freely pursue their economic, social and cultural development, and the right to autonomy and self-government in matters relating to the internal and local affairs. Article 31 states that Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and intellectual property. 

 

NNTC also highlighted the connection between UNDRIP and the GRATK Treaty, outlining how the protection of Indigenous rights to ICIP and traditional knowledge is essential in accomplishing the rights established through UNDRIP: The recognition of Traditional Owner rights to ICIP… [Traditional Environmental Knowledge] and intangible cultural heritage more broadly is essential to give life to UNDRIP. Whilst this is being executed incrementally though various instruments of international law, the incorporation of instruments into jurisdictional legislation and regulation is another point at which they can be strengthened. An example of this would be the way in which the Treaty in implemented in Australia. Evidence to the inquiry highlighted the importance of meaningful consultation with First Nations Australians regarding protection of cultural knowledge under the GRATK Treaty. Ms Grant from the IK Panel emphasised that traditional knowledge may be held by individuals, families, clan groups or a whole Nation, and that there is currently limited accountability for identifying where such knowledge originates. Without clear processes regarding cultural intellectual property First Nations peoples may find it difficult to assert their rights or ensure that traditional knowledge has been used appropriately.  Effective implementation of the GRATK Treaty will require mechanisms to ensure the correct Traditional Owners and knowledge holders are identified and consulted. Ms Grant stated: There needs to be a concerted effort put into informing people about the changes that can, and probably will at some time, impact on them. By them understanding fully exactly what is expected of them, but also what they can expect from the researchers and the government under the framework that is put together, they should have the right and the opportunity to have input into that process. Therefore, it might be a fairly extensive consultation process. 

 

Evidence provided by Aboriginal and Torres Strait Islander stakeholders highlighted the following key themes: The need for further reform of the patent system in Australia following ratification of the GRATK Treaty. The need for Aboriginal and Torres Strait Islander presence within the implementation and future action of the GRATK Treaty, developed in accordance with existing Indigenous governance structures. The importance of considering Access and Benefit-Sharing (ABS) frameworks and Free, Prior and Informed Consent (FPIC) requirements during implementation. 

 

Innovation, consistency and legal certainty 

 

Australian agriculture accounts for over 50 per cent of domestic land use and 12.4 per cent of Australia’s goods and service exports. 

 

The plant science industry plays an important role in the innovation and advancement of Australia’s agriculture. During the inquiry the Committee sought to understand the potential impacts of the GRATK Treaty on Australia’s plant science industry. The Committee received submissions from two peak industry bodies, CropLife Australia and the Australian Seed Federation (ASF). 

 

CropLife Australia and ASF emphasise the importance of innovation and a pragmatic patent system for the plant science industry. Mr Justin Crosby from CropLife Australia explained ‘…intellectual protection is a really important part of how we get new innovations that help our farmers.’ Both industry bodies raised concerns that implementation of the GRATK Treaty could create additional administrative burden and legal uncertainty. ASF stated that: …the new disclosure requirement should operate solely as a transparency measure and should not create additional access and benefit-sharing compliance obligations, administrative burdens or legal uncertainty for innovators, researchers and plant breeders. 

 

The safeguards and boundaries built into the GRATK Treaty through Articles 3–5 have been designed to maintain certainty and confidence in the patent system. CropLife Australia and ASF’s submissions underlined the importance of these articles. ASF explained that they ‘…welcome the important safeguards in the GRATK Treaty, such as clarifying language on the disclosure trigger and the exclusion of sanctions that could lead to revocation or invalidation of patents.’ CropLife Australia’s submission additionally asserts that successful implementation of the GRATK Treaty in Australia would maintain ‘…a focused, procedural disclosure requirement limited to the clear boundaries of the disclosure requirements agreed by the parties within Article 3 of the Treaty.’ 

 

There is also a need to ensure consistency across procedures and requirements, given that the plant science and biotechnology industry operates within a complex framework of national and international instruments, such as the Convention on Biological Diversity (CBD), the International Treaty on Plant Genetic Resources for Food and Agriculture and the International Treaty on Plant Genetic Resources for Food and Agriculture. ASF explains that ‘…activities in plant breeding and plant biotechnology require navigation of a complex patchwork of biodiversity-related access and benefit sharing requirements.’ 

 

The Committee examined concerns that emerging technologies such as AI could make it harder to identify and disclose the use of traditional knowledge. Evidence suggested AI may weaken the traceability of knowledge sources, while IP Australia noted that the GRATK Treaty includes mechanisms to review and address emerging technologies through future implementation and review processes. 

 

Treaty status and prospects of ratification 

 

For the GRATK Treaty to enter into force, 15 eligible parties need to deposit instruments of ratification or accession. IP Australia discussed their expectation of how quickly other signatories will ratify. They predicted that ‘…a number of the signatories from the African region and from Central and South America would be actively looking at the GRATK Treaty.’ The Committee inquired into the level of interest shown by Australia’s neighbours in the Asia Pacific region. IP Australia reported that Indonesia and Pacific Island countries were active participants in the negotiation of the GRATK Treaty with Indonesia, Vanuatu and the Marshall Islands becoming signatories. IP Australia also identified Switzerland as a signatory that is like-minded to Australia regarding the patent system. 

 

When asked about the role Australia can play in the GRATK Treaty’s entry into force IP Australia identified an opportunity for Australia to take a leading role. They explained: Our benefit, in joining the treaty, is being able to demonstrate how this treaty could be implemented in a sophisticated patent system in a sensible and pragmatic way. We would also have the opportunity to influence future developments around the protection and management of traditional knowledge and cultural expressions. 

 

IP Australia further explained that if Australia were to ratify and implement the GRATK Treaty pragmatically there could be a positive flow-on effect for other nations. They stated that ratifying: … could also help influence the approach of other countries, which would support consistency, allow engagement in sharing mutual understanding and maximise transparency around when genetic resources and traditional knowledge are used across the world. 

 

A submission received by Mr Antony Taubman, a former Director of the WIPO Traditional Knowledge Division, reinforced this claim, stating: Ratification and implementation of the Treaty at a relatively early stage would secure first-mover advantage, influence general implementation of this emerging standard, and ensure a seat, from the outset, in the Assembly and in the Article 8 review. 

 

A number of submissions highlighted ratification as an opportunity for Australia to continue its active engagement with the GRATK Treaty. Professor Wendland explained that ‘Australia’s ratification would be fitting given Australia’s significant contribution over many years to the initiation of work by WIPO on these issues in the late 1990s to the adoption of the GRATK Treaty in May 2024.’ 

 

The Committee sought to understand possible impacts of a delayed entry into force. Professor Matthew Storey from the NNTC argued that without the legislative changes enabled by the GRATK Treaty, traditional knowledge and genetic resources could continue to be used under existing intellectual property laws without requiring benefit-sharing arrangements with Traditional Owners. This sentiment was also echoed by the IK Panel, who stated that Australia’s current IP system ‘…still treats Indigenous knowledge as if it is ownerless.’

 

Committee Comment 

 

The Committee recognises the ongoing struggle with misappropriation of ICIP and welcomes the acknowledgement of Traditional Knowledge within a multilateral treaty, noting the GRATK Treaty supports the rights of Indigenous Peoples to maintain, control, protect and develop their traditional knowledge, cultural heritage and intellectual property, consistent with Article 31 of the UNDRIP. 

 

Australia has demonstrated leadership throughout the GRATK Treaty negotiations and there is an opportunity for Australia to continue a global leadership role through ratification and effective domestic implementation. 

 

Plant science industry is vital to Australian agricultural productivity, innovation and export performance. The Committee supports implementation of the GRATK Treaty that maintains the safeguards agreed during negotiations and provides clarity and certainty for innovators, researchers and industry participants. 

 

The Committee notes that the successful implementation of the GRATK Treaty will depend on early, comprehensive and culturally appropriate engagement with Australian First Nations peoples. Consultation will be critical to ensuring that implementation measures reflect the diversity of First Nations communities, supports informed consent processes, and provides effective protections for traditional knowledge and cultural interests. 

 

Recommendation 3 

 

The Committee recommends the Australian Government consult relevant First Nations, the plant science industry and other relevant industry stakeholders during implementation of the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. 

 

Recommendation 4 

 

The Committee supports the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge and recommends that binding treaty action be taken.

IR

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.