Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 146B

146B Requirement to pay basic weekly payment while waiting for information

(1) This section applies if the insurer—

(a) makes a decision to allow a worker’s application for compensation; and

(b) does not have the information necessary to calculate the weekly payment of compensation to which the worker is entitled.

(2) This section applies whether or not the insurer advances amounts to the worker under section 146 .

(3) The insurer must commence making a basic weekly payment of compensation to the worker on the later of the following—

(a) the expiry of 5 business days after the day the decision to allow the worker’s application for compensation is made;

(b) the expiry of the excess period in relation to the worker.

Penalty—

Maximum penalty—300 penalty units.

(4) If the worker is engaged in full-time work, the basic weekly payment of compensation must be—

(a) an amount equal to 55% of QOTE; or

(b) if a different amount is prescribed by regulation—that amount.

(5) If the worker is not engaged in full-time work, the basic weekly payment of compensation must be an amount—

(a) not greater than the amount that would be payable for a worker engaged in full-time work; and

(b) calculated—

(i) as prescribed by regulation; or

(ii) if a method of calculation is not prescribed by regulation—on a pro rata basis having regard to the hours usually worked by the worker in the preceding 4 weeks or a reasonable estimate of those hours.

(6) The basic weekly payment of compensation must continue until the insurer is able to commence paying the weekly payment of compensation to which the worker is entitled.