Maintaining the workers' compensation scheme
The department, WorkCover Queensland and Q-COMP fulfil different roles maintaining the scheme:
Developing workers' compensation legislation and policy
Chapter 9 of the Workers' Compensation and Rehabilitation Act 2003 provides for the monitoring and assessment of Q-COMP and WorkCover Queensland, a role performed by the Department. This role includes monitoring workers' compensation trends and statistics, shifts in the labour market and economic climate, developments in common law and interpretation of legislation by the courts, and experience from other jurisdictions. This aids in the development of policy responses to emerging issues that have the potential to impact on the Queensland workers' compensation scheme.
Regulation of the workers' compensation scheme by Q-COMP
Chapter 7 of the Workers Compensation and Rehabilitation Act 2003 provides for the establishment of the Workers' Compensation Regulatory Authority, Q-COMP, whose primary function is to regulate the workers' compensation scheme.
In enforcing the Act as the regulator Q-COMP's functions include the following:
- to monitor the compliance of insurers with the Act;
- to monitor the performance of insurers under the Act, including the consistent application of the Act;
- to decide applications relating to self-insurance;
- to approve amounts payable under an industrial instrument for the purposes of section 107B of the Act;
- to undertake reviews of decisions under chapter 13, part 2 and manage appeals under chapter 13, part 3 of the Act;
- to support and oversee the efficient administration of medical assessment tribunals;
- to undertake workplace rehabilitation accreditation and compliance activities;
- to provide rehabilitation advisory services;
- to maintain a database for scheme-wide reporting;
- to promote education about the workers' compensation scheme;
- to collect fees under the Act;
- to administer grants under the Act;
- to perform other functions given to the Authority under the Act or another Act.
Provision of Insurance by WorkCover Queensland
Chapter 8 of the Workers' Compensation and Rehabilitation Act 2003 provides for the establishment of WorkCover Queensland, whose primary function is to provide accident insurance.
Chapter 8 of the Act prescribes that WorkCover is the exclusive provider of accident insurance, excluding arrangements for self insurers, and Chapter 2 of the Act details employers' obligations, including the employers' obligation to insure.
Please refer to the WorkCover Queensland website for more information on insurance.
Monitoring of self insurers
Q-COMP's role in regulating self insurers includes:
- monitor compliance of insurers with workers' compensation legislation
- monitor the performance of insurers under workers' compensation legislation
- licensing, auditing and legislative compliance
The occupational health and safety performance of self insurers is monitored through a system of auditing by the Department.
The Department is responsible for the administration of the occupational health and safety performance requirements for current and prospective self-insurers. This includes the coordination of audits with self-insurers and reporting of audit findings to Q-COMP.
The Workers' Compensation Self Insurers Performance Criteria and Guidelines provide the requirements for employers seeking a license from Q-COMP to self-insure their liability for workers' compensation.
In order to implement these standards, the Department has developed Self Insurance Auditor Accreditation Criteria for the accreditation of auditors who are available to assess self-insurers occupational health and safety management systems.
Monitoring of self insurance auditors
The Department of Justice and Attorney-General manages the accreditation of self-insurer auditors. The Self Insurance Accreditatoin Criteria, issued and administrated by the Department, outline the requirements for becoming an accredited self insurance auditor, and the process by which accreditation occurs.