Changes to the Workers’ Compensation and Rehabilitation Act 2003

This Act has been amended by the Industrial Relations and Other Acts Amendment Act 2005.

The effect of the amendment is to make it an offence for a person to obtain, attempt to obtain, use or attempt to use a worker’s compensation document about a worker for a purpose relating to a process for selecting a person for employment or for deciding whether the employment is to continue.

The maximum penalty is 100 penalty units, $7500. A document relating to a person’s capacity to work is excepted from the prohibition, if the document is necessary to secure the person’s rehabilitation or early return to work under a rehabilitation program under the Act.

WorkCover (or other insurer) can refuse to provide a document if it suspects on reasonable grounds that the document is required for a prohibited purpose.

Proceedings for an offence are to be taken by WorkCover, the Workers Compensation Regulatory Authority (Q-Comp) or the Attorney-General, so complaints should be made to either Q-Comp or WorkCover. The penalties are paid to either Q-Comp or WorkCover, whichever brought the proceedings.

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