Injuries on or after 1 February 1997 and before 30 June 2000

While the WorkCover Queensland Act 1996 commenced on 1 February 1997, the amendment to the definition of 'worker' did not commence until 1 July 1997.  For injuries sustained prior to 1 July 1997, the relevant definition of 'worker' is that contained in the Workers' Compensation Act 1990.

For injuries sustained on or after 1 July 1997 but prior to 1 July 2000, section 12 provides that a 'worker' is an individual who:

• performs work under a contract of service, and
• is a pay-as-you-earn (PAYE) taxpayer for this work.

The legislation specifically excludes:

• directors of corporations, trustees and partners
• Commonwealth Government employees (covered under Comcare)
• professional sportspersons.

The amendments to the definition of 'injury' commenced on 1 February 1997.

Section 34 provides that for injuries sustained from 1 February 1997 employment must be the 'major significant contributing' factor causing the injury for an entitlement to compensation to exist.

In relation to psychological injuries, injuries arising out of, or in the course of the following are specifically excluded from the definition of 'injury':

• reasonable management action taken in a reasonable way by the employer in connection with the worker’s employment
• the worker's expectation or perception of reasonable management action taken against the worker
• action by WorkCover or a self-insurer in connection with the worker's application for compensation
• circumstances in which a reasonable person in the same employment as the worker would not have expected to sustain the injury.

In deciding whether management action was reasonable, or was taken in a reasonable way, regard must be had to:

• what action or way of taking action would have been reasonable for a worker of ordinary susceptibility to psychiatric or psychological disorder, and
• a particular worker's susceptibility to a psychiatric or psychological disorder.

The definition of injury was amended, effective 1 July 1999, to require employment to be a 'significant contributing factor' causing the injury.  The 'reasonable person' and 'ordinary susceptibility' tests were also removed.