Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 87

87 Self-insurer replaces WorkCover in liability for injury

(1) A self-insurer is liable, to the exclusion of WorkCover’s or another self-insurer’s liability—

(a) for compensation and damages for the total of the accrued, continuing, future and contingent liabilities for all injuries sustained by a worker employed by the self-insurer that arise from an event happening during the period of the self-insurer’s licence (
"residual liability" ); and

(b) for the following (
"outstanding liability" )—

(i) compensation for the total of the accrued, continuing, future and contingent liabilities for all injuries sustained by a worker that arise from an event happening or ending during the worker’s employment with the self-insurer before the self-insurer became licensed as a self-insurer;

(ii) compensation for the total of the accrued, continuing, future and contingent liabilities for all injuries, other than injuries mentioned in paragraph (a) , sustained by a worker arising from an event ending during the worker’s employment with the self-insurer;

(iii) damages for the total of the accrued, continuing, future and contingent liabilities for all injuries, other than injuries mentioned in paragraph (a) , sustained by a worker arising from an event starting or happening during the worker’s employment with the self-insurer before the self-insurer became licensed as a self-insurer.

(2) WorkCover must pay a self-insurer an amount for the self-insurer’s outstanding liability that is calculated under a regulation by an actuary.