On 29 October 2013, the Workers' Compensation and
Rehabilitation and Other Legislation Amendment Act 2013 (Qld)
(WCR Amendment Act) came into effect and made certain changes to
the Workers' Compensation and Rehabilitation Act 2003
One of these changes (section 571D) allowed a prospective
employer, with the consent of a prospective employee, to obtain a
copy of the prospective employee's claims history summary from
the Queensland Workers' Compensation Regulator.
On 15 July 2015, the Queensland government introduced the
Workers' Compensation and Rehabilitation and Other
Legislation Amendment Bill 2015. The Bill seeks to repeal
parts of the WCR Amendment Act. One of the sections proposed to be
repealed is section 571D. If passed, this will mean that a
prospective employer may no longer obtain a copy of a claims
history summary from the Queensland Workers' Compensation
When will this take effect?
This change will take immediate effect upon assent by the
Governor to the Bill, however it is unclear if and when this will
happen. The next parliamentary session commences on 15 September
2015, so any changes will take place in September 2015 at the
What does this mean for employers?
Employers should begin to review their current employment
application forms. If the Bill is passed, employers will need to
amend their employment application forms to remove any provisions
that seek the consent of a prospective employee to the employer
obtaining a copy of their claims history summary.
Until the changes take effect, employers may still obtain a copy
of a prospective employee's claims history summary from the
Queensland Workers' Compensation Regulator provided they have
the consent of the prospective employee.
No changes to disclosure of pre-existing injuries or medical
The Bill proposes no change to section 571B of the
Workers' Compensation and Rehabilitation Act 2003
(Qld). As a result, employers may continue to ask prospective
employees to disclose any pre existing injury or medical condition
that may be aggravated by the duties associated with the position
for which they have applied.
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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An employee that refused a reasonable offer of settlement was ordered by the FWC to pay his ex-employer's legal costs.
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