Insurance Law

Contact: Paul Hopkins, Rebecca Stevens, Glenn Biggs, Stephen White, Carter Newell (Queensland, Australia)

Introduction

In October 2013, a range of amendments to the Workers’ Compensation & Rehabilitation Act 2003 (Qld) (WCRA) took effect which significantly restricted access by injured claimants and, in turn, co-tortfeasors, to common law damages claims and claims for contribution. The Workers’ Compensation Amendment Bill 2015 (Qld) (Bill) was introduced into parliament on 15 July 2015 which has been referred to the Parliamentary Finance and Administration Committee (committee) proposing to amend the WCRA. It should be emphasised that this is a Bill only and the final form of the legislation may change when it is eventually enacted. However, the proposed changes do significantly wind back some of the amendments which were introduced in 2013. The Bill stops short of dealing with other controversial issues for WorkCover and insurers, including the definition of ‘worker’ and the effect of the decision in Byrne v People Resourcing.  

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