History
History of WorkCover Queensland
February 1996 - Kennedy Inquiry commissioned by State Government
Concern about the potential extent of the ‘unfunded’ liabilities of the then Workers’ Compensation Board of Queensland (WCBQ), together with other factors, led to the establishment of a Commission of Inquiry by the newly elected Coalition government. This inquiry was headed by Queensland businessman Jim Kennedy.
July 1996 - Kennedy report completed
On 30 June 1996, Mr Kennedy handed over his report, with a total of 79 recommendations, to the State Government and it was subsequently tabled in Parliament on 10 July 1996. The Report revealed a ‘black hole’ of $320 million in unfunded liabilities.
February 1997 - WorkCover Queensland Act 1996
Most of the Kennedy recommendations were incorporated in the WorkCover Queensland Act 1996, which established WorkCover as a commercially run, government-owned statutory authority.
July 1999 - Definitions of ‘worker’ and ‘injury'
While Kennedy’s recommendations were being implemented, Labor was returned to government in Queensland. The incoming Minister directed WorkCover to investigate and advise on policy options with respect to premium compliance, self-insurance, and the definition of ‘worker’ and ‘injury’. As a result, the WorkCover Queensland Amendment Act 1999 introduced changes to ensure that the rights of injured workers remained balanced with competitive premiums for employers whilst maintaining a secure and viable workers’ compensation system. Part of these changes included the removal of the self-rating option and surcharge, introduction of self-insurance criteria and also a more independent and transparent review process.
March 2000 - Review of Experience Based Rating (EBR)
On 1 March 2000, the Honourable Paul Braddy, Minister for Employment, Training and Industrial Relations sought external, independent opinion of recommendations in the form of a review of the EBR formula used by WorkCover to set premiums. Mr Braddy asked Jim Kennedy to report to him ‘as to the appropriateness or otherwise of [WorkCover and industry] recommendations’.
Mr Kennedy examined the recommendations and discussed them with the Chairman of WorkCover, Mr Ian Brusasco, the Chief Executive Mr Tony Hawkins, and with WorkCover’s actuaries.
July 2000 - Taxpaying status of workers
The WorkCover Queensland and Other Acts Amendment Act 2000 changed the definition of ‘worker’ from a PAYE taxpayer to a person working under contract of service, irrespective of taxpaying status.
December 2000 - National Competition Policy Review
During the latter part of 2000, the National Competition Policy (NCP) Review was conducted to examine the changes made based on Kennedy’s recommendations.
July 2001 - Increase in benefits payable
The WorkCover Queensland Amendment Act 2001 increased maximum lump sum benefits payable to dependants on the death of a worker to $250 000, and for an injured worker to
$150 000.
July 2003 - Workers’ Compensation and Rehabilitation Act 2003
The Workers’ Compensation and Rehabilitation Act 2003 established Q-COMP as a statutory body to regulate Queensland’s workers’ compensation scheme. This legislation maintained WorkCover as a ‘fully commercial’ statutory body.
October 2003 - Productivity Commission Interim Report
The federally initiated Productivity Commission reviewed the overall framework of national workers’ compensation. During this review, WorkCover strongly supported a consistent approach to the management of workers’ compensation benefits and premiums in general. However, as one of the only fully funded workers’ compensation insurers in Australia that satisfies any and all government prudential requirements, WorkCover opposed proposals for the imposition of a national workers’ compensation scheme that would completely erode its strong financial position.
July 2004 - Federal Government response to Productivity Commission Final Report
In July 2004, the Federal Government responded to the Productivity Commission’s Final Report by ruling out the establishment of a national workers’ compensation scheme.
October 2004 - The Successful Balance - A Status Review
The WorkCover Status Review assesses the milestone events, decisions and strategies that have underpinned WorkCover’s success to date, particularly with reference to Kennedy report recommendations. The Status Review also identifies the challenges ahead, and outline strategies to meet those challenges and continue WorkCover’s success. Read our status review 
.
November 2004 – improved benefits to workers
The Workers’ Compensation and Rehabilitation and Other Acts Amendment Act 2004 improved worker benefits for injured workers between 26 and 39 weeks and increased the compensation payable to dependent family members on the death of a worker. In addition, the amendment removed the link between weekly benefits and lump sum compensation.
April 2005 – access to documents
The Industrial Relations and Other Acts Amendment Act 2005 inserted provisions to prohibit persons from obtaining and using any documents about a worker’s application for compensation unless they were required for the purposes of assisting the worker’s rehabilitation and early return to work. Under the new provisions it is an offence to use any documents about an application for compensation in making decisions about employment selections or about continuing employment.
November 2005 – increased benefits to workers
The Worker’s Compensation and Rehabilitation and Other Acts Amendment Act 2005 again improved worker benefits for injured workers by extending the step-down in benefits from 39 to 52 weeks.
To minimise the immediate financial hardship on families if a workers is fatally injured, the compensation to dependent family members on the death of a worker was increased and new benefits for totally dependent spouses and non-dependent family members were introduced.
For latent onset injuries, the date of injury changed from the actual date of exposure, to the date the injury is diagnosed.
April 2006 – Medical Assessment Tribunals (MATs)
The Workers’ Compensation and Rehabilitation Amendment Act 2006 reaffirmed the independent and non-adversarial nature of MAT proceedings by clarifying that an insurer, employer or any other person, other than the worker or their representative, has no entitlement to be present or heard before the MAT.
In addition the amendments give all parties an opportunity to comment on written material submitted to a MAT before a MAT at a hearing can consider the material. This ensures that all of the parties are afforded natural justice.
May 2006 – enhancing return to work
The Industrial Relations Act 1999 currently provides employment protection for workers who have sustained a work-related injury or disease for a period of twelve months. These provisions play an important role in achieving rehabilitation and return to work outcomes by ensuring that employers take responsibility for the return to work of their injured workers and focuses effort on the prevention of work-related injury and disease. Consequently they have been transferred from the Industrial Relations Act 1999 to the Workers’ Compensation and Rehabilitation Act 2003.
