Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 723

723 Entitlement to compensation for 2016–2017 financial year

(1) This section applies if—

(a) before the commencement, an amount (the
"lower amount" ) a person is entitled to be paid as compensation under this Act was decreased from 1 July 2016 because—

(i) QOTE for the 2016–2017 financial year was less than QOTE for the 2015–2016 financial year; or

(ii) the amount was varied under section 205; and

(b) from the commencement, because of the operation of sections 721 and 722, the amount (the
"higher amount" ) the person would have been entitled to be paid from 1 July 2016 did not decrease.

(2) The person is entitled to be paid the higher amount from 1 July 2016.

(3) From the commencement, an ex gratia amount paid to the person by an insurer to compensate for the decrease in the person’s entitlement mentioned in subsection (1)(b) is taken to have been paid to the person because of the person’s entitlement to be paid the higher amount under subsection (2).

(4) Subsection (3) applies to an ex gratia amount to the extent the ex gratia amount is equal to or less than the difference between the higher amount and the lower amount of the person’s entitlement for the relevant period.

(5) In this section—

"relevant period" means the period starting on 1 July 2016 and ending on the day before the commencement.