Interstate and overseas workers

Individuals employed to work interstate or overseas must be insured under their employer’s policy with WorkCover Queensland if their employment is connected with Queensland.

When determining whether a worker’s employment is connected with Queensland, WorkCover Queensland will use a series of tests under section 113 of Workers’ Compensation and Rehabilitation Act 2003:

• Test (a) the state the worker usually works in for that employment
• Test (b) in cases where test (a) is not clear, the state the worker is usually based in for the purposes of that employment
• Test (c) in cases where tests (a) and (b) are not clear, the state where the employer’s principal place of business in Australia is located.

A state of connection is not determined unless a single state, whether Queensland or another state, can be identified.

When applying these tests to determine the state a worker is connected to, if the worker’s employment situation satisfies the first test, there is no need to proceed to the next test. Matters that may be considered in applying these tests include the history and intention of the employment arrangement and the duration of the work outside Queensland. If no state is identified by these tests, a worker’s employment may still be connected with Queensland if the worker was in Queensland when the injury occurred and the worker is not entitled to compensation outside Australia for the injury.

Individuals working on fishing vessels

To determine whether your WorkCover Queensland policy covers workers who are employed to work on fishing vessels, please contact WorkCover on 1300 362 128.

What are my obligations in other jurisdictions?

An individual you engage to work for you may have a right to lodge a claim in the state or country where they are injured. If you have not taken out a policy in accordance with the workers’ compensation law in that jurisdiction, you may face penalties for failing to comply with your insurance obligations. You should speak to the workers’ compensation authorities in other states where you engage individuals to work for you, even if your WorkCover Queensland Accident Insurance Policy covers those individuals.

Using this information

The information provided is intended as a general guide only. It is not a comprehensive statement of the law. Each employer’s legal obligations will depend upon its particular circumstances. You may wish to refer to the Workers’ Compensation and Rehabilitation Act 2003, or consult a lawyer to confirm your particular legal obligations.

Further information is provided in a fact sheet:

Interstate and overseas arrangements fact sheet