Penalties

Under the Workers’ Compensation and Rehabilitation Act 2003, it is compulsory for every employer that employs workers within Queensland to have a current WorkCover Queensland Accident Insurance Policy.

An employer who does not have a current policy may be liable to pay penalties. The list below gives you the relevant areas in the legislation where penalties can be applied when an employer has breached their obligation to insure. The legislation also provides for penalties to be applied in other circumstances such as failing to provide documents and providing false or misleading information.

Workers' Compensation and Rehabilitation Act 2003

s48 Employer’s obligation to insure

s50 When an employer contravenes the general obligation to insure

s51 Offence of contravening general obligation to insure

s52 Offence to charge worker for compensation or damages for injury

s56 Reassessment of premium for policy

s57 Recovery of compensation and unpaid premium

s58 Default assessment on reasonable suspicion

s59 Further assessment and recovery after payment of default assessment

s60 Employer’s separate liabilities for 1 period of default

s61 Additional premium payable if premium not paid

s62 Further additional premium payable after appeal to industrial magistrate

s66 Employer’s liability for excess period

s133 Employer’s duty to report injury

s226 Employer’s obligation to appoint rehabilitation coordinator

s227 Employer’s obligation to have workplace rehabilitation policy and procedures

s229 Employer’s failure in relation to rehabilitation

s534 False or misleading information on documents

Workers' Compensation and Rehabilitation Regulation 2003

s9 Declaration of wages - Schedule 1

s12 Additional premium for late payment of premium - Act, s61 and 62

Workers' Compensation and Rehabilitation legislative Amendments 2004

109A Who must pay compensation