PART I-PRELIMINARY
1. These Regulations may be cited as "The Workers' Compensation Regulations of 191 7."
2. Parts of Regulations. These Regulations are divided into parts, as follows:-
Part !-Preliminary;
Part II-Insurance under the Act;
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Part III-Applications for Compensation under the Act;
Part IV -Other Insurances;
Part V-General Provisions.
3. Commencement. These Regulations shall come into force immediately on publication in the Gazette.
4. Interpretation. In these Regulations, unless the context otherwise indicates, the following terms have the meanings set against them respectively, that is to say:-
"Act" means The Workers' Compensation Acts 1916 to 1962, and any Act amending or substituted therefor;
"Applicant" means the person by whom or on whose behalf an application is made for compensation under the Act.
"District" means a petty sessions district duly appointed.
"Household worker" means any person including a domestic servant who is employed solely in or about or in connection with a private dwelling-house or grounds appurtenant thereto.
As amended by regulations published Gazette May-Aug. 1960, p. 1435;
regulations published Industrial Gazette May-Aug. 1963, pp. 66-8; May-Aug. 1973, p. 244; May-Aug. 1978, pp. 697-701.
4A. In these Regulations-
(i) a reference to "Office" or "State Government Insurance Office" shall be taken as a reference to "Board"; and (ii) a reference to "State Accident Insurance Fund" shall be,
taken as a reference to "Fund".
Inserted by regulations published Industrial Gazette May-Aug. 1978, pp.
697-701.
PART II-INSURANCE UNDER THE AcT
5. Application for policy. (A) In order to obtain from the Office a policy of accident insurance in respect of workers employed by him, an employer may make application to the Office for such policy in Form No. 1 of Schedule II hereto.
(B) For the purpose of ascertaining what persons are now or may hereafter become liable to obtain policies of accident insurance under this Act the Board may, at any time, and from time to time, call upon any person, who the Board believes to be an employer, to furnish a return or returns in Form 1A of Schedule II hereto, for any period or periods, and any person so called upon shall duly make such return or returns to the Board within thirty days of demand.
(c) Every employer who has made or shall hereafter make applica- tion to the Office for a policy of accident insurance under this Act in respect of any period shall, within thirty days after demand, pay to the Office the premium prescribed.
(D) If any employer is not satisfied that the premium demanded of him by the Office is the correct amount, he may apply to have such
REGULATIONS Reg.6 99
premium reviewed by the Industrial Magistrate, within whichever of the following Magistrates Courts Districts is nearest in distance to his place of residence or place of business-
The Magistrates Courts District of-Ayr, The Central Division of the Brisbane District, Bundaberg, Cairns, Dalby, Gympie, Ipswich, Mackay, Maryborough, Mount Isa, Rock- hampton, Roma, Toowoomba, Townsville, Warwick, Gladstone, Kingaroy or Southport,
at any time within thirty days after payment to the Office of the amount demanded.
(E) Any such application to review by or on behalf of an employer shall be made to the Industrial Magistrate within whichever of the following Magistrates Courts Districts is nearest in distance to his place of residence or place of business-
The Magistrates Courts District of-Ayr, The Central Division of the Brisbane District, Bundaberg, Cairns, Dalby, Gympie, Ipswich, Mackay, Maryborough, Mount lsa, Rockhampton, Roma, Toowoomba, Townsville, Warwick, Gladstone, Kingaroy or Southport,
and the hearing and determination of the reference shall proceed m manner prescribed under "The Workers' Compensation Acts 1916 to 1966".
(F) The employer or the Office may appeal from the determination of the industrial magistrate or in respect of any question arising in the hearing or determination of the reference.
Such appeal shall be made to the Full Bench of the Industrial Court; the place for hearing and all proceedings on such appeal shall, so far as the same are prescribed by Rules of Court under "The Industrial Conciliation and Arbitration Acts 1932 to 1948", or any Act amending or in substitution therefor, be as prescribed by such Rules of Court:
Provided that unless the Court so orders or the parties so agree the appeal shall be by way of re-hearing, but otherwise the appeal shall be heard and determined upon the evidence and proceedings before the industrial magistrate. The costs of appeal shall be in the discretion of the Court.
Substituted by regulations published Gazette Jan.-June 1918, p. 214; as amended by regulations published Gazette July-Dec. 1919, p. 1333; July-Dec. 1945, pp.
681-687; July-Dec. 1948, p. 2782; May-Aug. 1951, p. 29; May-Aug. 1960, p. 1435;
regulations published Industrial Gazette May-Aug. 1963, pp. 66-8; Jan.-Apr. 1967, p. 7; May-Aug. 1973, p. 244; Jan.-Apr. 1982, p. 75.
6. Rates of premium. (A) The premium to be paid to the Office by the employer for such policy shall be calculated up to and including the Thirtieth day of June, in each year, in accordance with the rates of premium set forth in Schedule I hereto.
On and after the First day of July, 1963, the premium to be paid to the Office by the employer for such policy shall be calculated in accordance with the rates of premium set forth in Schedule I and in Schedule II hereto.
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(B) Subject to adjustment as hereinafter provided, such premium for the first period of insurance shall be based upon a sum equal to the sum paid by the employer in cash or its equivalent as and by way of wages, salaries, and other earnings excluding living away from home allowance, tool allowance, entertainment allowance, clothing allowance, vehicle expenses, superannuation payments and lump sum payments on termination of services, e.g., accrued holiday and long service leave payments to all workers in his employment during the year ended on the thirty-first day of May, 1916: Provided that, where the employer did not employ workers for the whole or any part of that year, the Office may fix the sum upon which such premium is to be based in accordance with information supplied by the employer for that purpose.
(c) (i) Subject to adjustment as hereinafter provided, such premium shall, at the beginning of the second and each subsequent period of insurance, up to and including the period of insurance ending on the Thirtieth day of June, 1963, be based upon a sum equal to the sum paid by the employer in cash or its equivalent as and by way of wages, salaries, and other earnings excluding living away from home allowance, tool allowance, entertainment allowance, clothing allowance, vehicle expenses, superannuation payments and lump sum payments on termination of services, e.g., accrued holidays and long service leave payments to all workers in his employment in the year ended on the thirtieth day of June, then last past.
( ii) Subject to adjustment as hereinafter provided the premium for the period of insurance ending on the Thirtieth day of June, 1964, and for each subsequent period of insurance thereafter shall be based, in respect of premium at the rates set forth in Schedule I hereto, upon a sum equal to the sum paid by the employer in cash or its equivalent as and by way of wages, salaries, and other earnings excluding living away from home allowance, tool allowance, entertainment allowance, clothing allowance, vehicle expenses, superannuation payments and lump sum payments on termination of services, e.g., accrued holidays and long service leave payments to all workers in his employment in the year ended the thirtieth day of June, then last past, and in respect of premium at the rates set forth in Schedule II hereto, upon the premium payable by the said employer at rates set forth in Schedule I for the year ended thirtieth day of June last past:
(iii) Provided that where the employer did not employ workers for the whole of the year then ended, the Office may fix the sums upon which premiums are to be based in accordance with information supplied by the employer:
(iv) Provided further that in the case of a contractor who, for the purposes of this Act, is deemed to be a worker, the premium shall be payable on the following basis, unless otherwise agreed to by the Office-
(a) If the contract is for labour only, at rates set forth in Schedule I and Schedule II in respect of 100 per cent. of the contract amount.
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(b) If the contract is for labour and plant, at rates set forth in Schedule I and Schedule II in respect of 50 per cent. of the contract amount.
(c) If the contract is for labour and materials, at rates set forth in Schedule I and Schedule II in respect of 33! per cent. of the contract amount:
Provided further that where there are two or more such contractors, the premium in respect of each of them shall be calculated in the above manner upon the pr~portion of the contract amount to which he is entitled.
(D) (a) For the purpose of calculating the premium payable, (i) the weekly earnings of a share-farmer shall be deemed
to be such sum as is prescribed by the Award in force of the Industrial Court of Queensland or other duly constituted industrial tribunal or where there is no such Award, a sum of not less than the weekly basic wage as declared for the time being by the Full Bench of the Industrial Commission constituted under "The Industrial Conciliation and Arbitration
Acts 1961 to 1964";
(ii) the Office may at any time and from time to time call upon any share-farmer to furnish a return or returns in a form approved by the Office of his earnings for any period or periods and any share-farmer so called upon shall duly make such return or returns within thirty days of demand.
(b) The share-farmer shall keep or cause to be kept a record of- (i) his earnings under the share-farming agreement between him and the owner of the farm together with an account of all actual amounts received or paid by him in any way connected with or relating to the said share-farming agreement;
(ii) the name of every worker employed by him in connection with the share-farming agreement together with an account of the actual amount paid in wages, salaries and other earnings to each worker in each week or other period of payment.
Such record shall be produced by the share-farmer for inspection on the request of the Office or of any officer duly authorised by the
Office. ·
(c) For the purpose of enabling the owner of the farm as aforesaid to furnish to the Office the particulars set out in Regulation 9 (A) of these Regulations, every share-farmer shall furnish to the said owner of the farm in a form approved by the Office-
(i) particulars of his earnings under the share-farming agree- ment during the year ended on the thirtieth day of June in respect of which the said owner of the farm is required· bv
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the Office to furnish to it the particulars set out in the said Regulation 9 (A) or due at that date to be paid to him in cash or its equivalent;
(ii) particulars of the actual amounts paid by such share-farmer during the said year ended the thirtieth day of June or due at that date to be paid by him in cash or its equivalent as and by way of wages, salaries, and other earnings to workers of each class employed by him during the said year in connection with the share-farming agreement.
Such particulars shall be furnished by the share-farmer to the owner of the farm within fourteen (14) days after the said owner of the farm has required the share-farmer in writing to furnish such particulars to him. If the share-farmer fails to furnish such particulars within such time after being so required the owner of the farm shall notify the Office in writing of such failure within fourteen days after such failure.
Every such requirement by the owner of the farm may be served by delivery to or at the residence or place of business of the share- farmer on whom it is to be served or may be sent by post by a letter addressed to such share-farmer at his last known residence or place of business.
Every such notice by the owner of the farm may be given to the Office by leaving it at or sending it by post to the State Government Insurance Office, Brisbane.
As amended by regulations published Gazette Jan.-June 1928, p. 977; Jan.-Apr.
1954, p. 1385; May-Aug. 1960, p. 1435; regulations published Industrial Gazette May-Aug. 1963, pp. 66-8; May-Aug. 1973, p. 244; Sep.-Dec. 1977, pp. 1084, 1085;
May-Aug. 1978, p. 702.
7. Payment of premiums. (A) All such premiums shall be payable yearly in advance and on or before the date shown on the Adjustment Notice provided that, subject to such conditions which may be considered proper in individual cases, premiums may be accepted by instalments under the following conditions:-
( a) Interest at the rate of 10 per centum per annum may be added to the amount of each instalment.
(b) Such interest shall be calculated from date on which the premium became payable as shown on the adjustment notice which demanded payment of the said premium.
(c) The employer shall forthwith give to the Office a bill or bills for the amount of each instalment with such interest as is payable added thereto.
(B) In the event of any such bill not being paid at due date, all bills given by the same employer for subsequent instalments of the premium shall thereupon immediately become due and may be sued upon forthwith.
Substituted by regulations published Gazette Jan.-Apr. 1962, p. 513; as amended by regulations published Industrial Gazette Jan.-Apr. 19M, p. 120; May- Aug. 1980, p. 73.
REGULATIONS Regs. 8, 9 103 8. Value of board and lodging. In determining the amount of wages, salaries, or other earnings paid by an employer in any period of insurance, the value of board and lodging provided by the employer shall be reckoned at not less than the weekly allowance under the particular Award governing each worker, and, if there is no governing Award, then at not less than five dollars per week.
Substituted by regulations published Gazette Jan.-June 1928, p. 977; as amended by regulations published Industrial Gazette May-Aug. 1963, pp. 66-8; May-Aug.
1973, p. 244.
9. Adjustments. (A) The premium paid in respect of each period of insurance shall be adjusted in accordance with the employer's actual wage expenditure during such period, and for the purpose of enabling the Board to so adjust such premiums, the employer shall by the Thirty-first day of August each year furnish to the Board in the prescribed form a declaration of wages showing particulars of the actual amounts paid during the year ended on the Thirtieth day of June then last past or due at that date to be paid by him in cash or its equivalent as and by way of wages, salaries and other earnings excluding living away from home allowance, tool allowance, entertainment allowance, clothing allowance, vehicle expenses, superannuation payments and lump sum payments on termination of services e.g. accrued holidays and long service payments to workers of each class employed by him during the said year.
For late lodgement of the declaration of wages the following additional premiums shall apply:-
(a) If lodged on or after 1st September and not later than 31st October (b) If lodged on or aJfter 1st November
and not later than 30th November (c) If lodged on or after 1st December and not later than 31st December (d) If lodged on or after 1st January
Five per centum of assessed premium in respect of the period to which the declaration relates or $5 whichever is the greater.
Ten per centum of assessed premium in respect of the period to which the declaration relates or $10 whichever is the greater.
Fifteen per centum of assessed premium in respect of the period to which the declaration relates or $15 whichever is the greater.
Twenty per centum of assessed premium in respect of the period to which the declaration relates or $20 whichever is the greater.
(B) If it appears from such particulars that the premium already paid by the employer for that year was too great, the Office shall refund the amount overpaid, or shall allow it in reduction of the employer's premium for the next ensuing year.
(c) If from such particulars it appears that the premium already paid as aforesaid was too little, the amount of the deficit shall be paid by the employer with his premium for the next ensuing year, or within fourteen days of demand in writing by the Office if the premium for the ensuing year has already been paid or if there is no such premium payable.
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(D) If during any period of insurance the employer dies or retires from business and the business is not continued, or ceases from any other cause to employ workers, application may be made to the Office for a rebate of a proportion of the premium paid for that year, and on receiving particulars in accordance with paragraph (A) hereof for the period commencing on the first day of July then last past and terminating on the day from which rebate is claimed, the Office shall refund such proportion of the premium paid by the employer for that year as proves to have been unearned at the date from which rebate is claimed.
(E) If any employer is not satisfied that the premium demanded of him by the Office, for the renewal of his policy of accident insurance, is the correct amount, he may apply to have such premium reviewed by the Industrial Magistrate within whichever of the following Magistrates Courts Districts is nearest in distance to his place of residence or place of business-
The Magistrates Courts District of-Ayr, The Central Division of the Brisbane District, Bundaberg, Cairns, Dalby, Gympie, Ipswich, Mackay, Maryborough, Mount Isa, Rockhampton, Roma, Toowoomba, Townsville, Warwick, Gladstone, Kingaroy or Southport,
at any time within thirty days after the payment to the Office of the amount demanded.
Any such application to review by, or on behalf of, the employer shall be made to the Industrial Magistrate within whichever of the following Magistrates Courts Districts is nearest in distance to his place of residence or place of business-
The Magistrates Courts District of-Ayr, The Central Division of the Brisbane District, Bundaberg, Cairns, Dalby, Gympie, Ipswich, Mackay, Maryborough, Mount Isa, Rockhampton, Roma, Toowoomba, Townsville, Warwick, Gladstone, Kingaroy or Southport,
and the hearing and determination of the reference shall proceed in manner prescribed under The Workers' Compensation Acts 1916 to 1966.
As amended by regulations published Gazette May-Aug. 1960, p. 1435; regula- tions published Industrial Gazette Jan.-Apr. 1967, p. 7; May-Aug. 1973, p. 244;
May-Aug. 1978, pp. 697-701.
10. Policies. (A) On the payment to it of the proper amount of premium in respect of the first period of insurance the Office shall issue to the employer a policy in Form No. 2 or Form No. 2 (A) of Schedule II hereto.
(B) The Office in accordance with Part IV of these Regulations may add to any such policy, by endorsement or otherwise, such provisions relating to the insurance of the Employer's risk as may be necessary, or to members of the Employer's family dwelling in his house, or to any other persons enumerated in Part IV of these Regulations as are