Miscellaneous

Ex gratia payments for injuries on or after 1 July 1999 and 1 July 2000 that resulted in death or a WRI of 20% or more.

Section 604 provides WorkCover may make a lump sum ex gratia payment.  However, the payment may only be made if the person is not a worker within the meaning of the repealed Act as in force immediately before 1 July 2000 but would be a worker within the meaning of the repealed Act as in force on 1 July 2000, or the Workers' Compensation and Rehabilitation Act 2003.

Claim for loss of consortium.

Section 613 of the repealed WorkCover Queensland Act 1996 does not affect the preservation of the entitlement to seek damages for loss of consortium.

Spouse of worker dying before 1 April 2004

Section 611 applies in relation to a death of a worker that happens after the commencement of the section but before 1 April 2004.

Provides the definition of a spouse of a deceased worker under the Workers' Compensation and Rehabilitation Act 2003 as including a person, who although not legally married to the deceased worker lived with the worker as the worker's husband or wife for a continuous period of at least one year immediately before the commencement of the section and continued to live with the worker as the workers husband or wife until the worker died.

Definitions contained in Schedule 6 of Workers' Compensation and Rehabilitation Act 2003:

While most of the definitions contained in schedule 3 of the WorkCover Queensland Act 1996 have been preserved, a number of amendments and some of the new definitions have been incorporated in the Workers’ Compensation and Rehabilitation Act 2003 as follows:

• 'Employee' - has been changed to define the term ‘employee’ in relation to both the Authority and WorkCover.
• 'Former Act' - has been amended to include the WorkCover Queensland Act 1996.
• 'Insurer' - this is a new definition which encompasses both WorkCover and self-insurers.
• Incorporation of amendments introduced by the WorkCover Queensland Amendments Act 2002 in relation to new cross border arrangements to repeal definitions for 'coaster', 'port', 'Queensland ship', 'seafarer', 'ship', 'state ship'.  The Workers' Compensation and Rehabilitation Act also replaces the definition of 'ship' within the WorkCover Queensland Act 1996 from 'a ship, boat or vessel of any kind designed for use in or on water' to 'any kind of vessel used in navigation by water, however propelled or moved, including:
  • a barge, lighter, or other floating vessel
  • an air-cushioned vehicle, or other similar craft, used wholly or primarily in navigation by water'.
• A definition for 'substantive law' is referenced as being provided for in chapter 6 of the new Act.