Queensland Consolidated Regulations
[Index]
[Table]
[Search]
[Search this Regulation]
[Notes]
[Noteup]
[Previous]
[Download]
[Help]
WORKERS' COMPENSATION AND REHABILITATION REGULATION 2014 - SCHEDULE 13
SCHEDULE 13 – Dictionary
"actuarial standard" means ‘Professional Standard 300—Actuarial reports
and advice on outstanding claims in general insurance’ issued by the
Institute of Actuaries of Australia (ACN 000 423 656).
Editor’s note— A
copy of the standard may be inspected at the Regulator’s office.
"actuary" means an actuary approved by the Regulator.
"adverse psychological reaction" does not include a mental disorder.
"AMA 4" means the ‘Guides to the Evaluation of Permanent Impairment’ (4th
edition) published by the American Medical Association.
"AMA 5" means the ‘Guides to the Evaluation of Permanent Impairment’ (5th
edition) published by the American Medical Association.
"ankylosis" means fixation of a joint in a specific position.
"appointed actuary" means— (a) for part 3 , division 3 —an actuary
appointed under section 49 ; and
(b) for part 3 , division 4 —an actuary
approved by the Regulator under section 84 (4) of the Act to assess the
self-insurer’s estimated claims liability.
"arbiter" means the actuarial arbiter appointed under section 93 .
"AS/NZS" means a standard published jointly by Standards Australia and
Standards New Zealand.
"assessed premium" , for an employer, means premium calculated using the
employer’s wages for a period of insurance.
"assessment day" means— (a) for part 3 , division 1 —the last day of the
financial quarter immediately before the day the application for
self-insurance is lodged; and
(b) for part 3 , division 2 —the last day of
the financial quarter immediately before the day the self-insurer applies to
the Regulator under section 89 of the Act for a change in the group membership
on the licence; and
(c) for part 3 , division 3 —last day of the financial
quarter immediately before the cancellation day; and
(d) for part 3 ,
division 5 —the last day of the financial quarter immediately before the
cancellation day; and
(e) for part 3 , division 6 —the last day of the
financial quarter immediately before the final day.
"binaural tables" means the binaural tables recommended and published by
National Acoustic Laboratories.
"cancellation day" means— (a) for part 3 , division 3 —the day the former
self-insurer’s licence is cancelled; and
(b) for part 3 , division 5 —the
day the non-scheme employer’s continued licence is cancelled under section
105E of the Act .
"category" , for schedule 4B , see schedule 4B , section 2 (1) (b) .
"central estimate" has the meaning given by the actuarial standard, section 10
.
"childrens functional independence measure instrument" , for part 5A ,
division 1 , see section 117A .
"claim" means— (a) an application for compensation; or
(b) a claim for
damages.
"consecutive categories" , for schedule 4B , see schedule 4B , section 3 .
"consent day" means the day the Regulator approves the application for the
change in the self-insurer’s membership.
"continued licence" , for a non-scheme employer, see section 105B (2) of the
Act .
"corresponding score" , for a category, for schedule 4B , see schedule 4B ,
section 1 .
"decision" , of an insurer, for part 4 , division 3A , subdivision 4 , see
section 112L .
"digestive system" — (a) means the organs and other parts of the body
forming the alimentary tract, and includes the tongue, throat and abdominal
wall; but
(b) does not include an organ or other part of the body mentioned
in the injury column of schedule 9 .
"dominant injury" , of multiple injuries, means— (a) if the highest range
for 2 or more of the injuries of the multiple injuries is the same—the
injury of those injuries selected as the dominant injury by a court assessing
an ISV; or
(b) otherwise—the injury of the multiple injuries having the
highest range.
Note— The selection as a dominant injury of a particular
injury from 2 or more injuries having the same highest range will not affect
the outcome of the court’s assessment of an ISV for the multiple injuries.
"DPI amount" , for schedule 4A , see schedule 4A , section 1 (a) .
"DSM 4" means the 4th edition of the Diagnostic and Statistical Manual of
Mental Disorders, Text Revision (DSM-IV-TR) published by the American
Psychiatric Association in 2000.
"estimated claims liability" has the same meaning as in section 84 (8) of the
Act .
"estimated claims liability amount" , for part 3 , division 3 means the amount
of a self-insurer’s estimated claims liability as calculated under division
4 .
"final day" means the day a non-scheme member stops being a member of the old
insurer under section 105M of the Act .
"finalised non-scheme employer’s liability amount" for part 3 , division 5
means the finalised amount of a non-scheme employer’s liability as
calculated under subdivision 3 .
"financial quarter" means a period of 3 months beginning on 1 January, 1
April, 1 July or 1 October.
"former self-insurer’s liability amount" , for part 3 , division 3 , means
the amount of the former self-insurer’s liability calculated under this
division.
"functional independence measure instrument" , for part 5A , division 1 , see
section 117A .
"further premium" , for an employer, means an amount, other than assessed
premium or provisional premium, payable by an employer to WorkCover under the
Act , and includes the following— (a) arrears of premium;
(b) additional
premium under section 8 (4) ;
(c) interest on premium under section 10 (2) ;
(d) an amount of unpaid premium or a payment or penalty payable under section
57 (2) of the Act ;
(e) additional premium for late payment under section 61
or 62 of the Act ;
(f) additional premium under section 63 of the Act .
"hearing loss tables" means Report No. 118—Improved Procedure for
Determining Percentage Loss of Hearing (1988) published by National Acoustic
Laboratories.
"highest range" means the range of ISVs having the highest maximum ISV.
"household worker" means a person employed solely in and about, or in
connection with, a private dwelling house or the grounds of the dwelling
house.
"injured worker" means a worker who sustained an injury.
"injury" , for part 4 , division 3A and schedule 4A , see section 112A .
"ISV" means injury scale value.
"last employment period" see section 13 (3) (b) (ii) .
"Le Fort I fracture" means a horizontal segmented fracture of the alveolar
process of the maxilla.
"Le Fort II fracture" means a unilateral or bilateral fracture of the
maxilla— (a) in which the body of the maxilla is separated from the facial
skeleton and pyramidal in shape; and
(b) that may extend through the body of
the maxilla down the midline of the hard palate, through the floor of the
orbit and into the nasal cavity.
"Le Fort III fracture" means a fracture in which the entire maxilla and 1 or
more facial bones are completely separated from the brain case.
"legal cost amount" , for schedule 4A , see schedule 4A , section 1 (b) .
"lower extremity" see AMA 4.
"medical expert" , for an assessment of a PIRS rating, means a person— (a)
who is appropriately qualified to perform the assessment, including a
psychologist, neuropsychologist or psychiatrist; and
(b) who has had
appropriate training in the use of the PIRS.
"medical specialty" means the branch of medicine that is a recognised
specialty under the Health Practitioner Regulation National Law that is
relevant to the matters referred to the Tribunal for decision.
"mental disorder" means a mental disorder recognised under DSM 4.
"modified barthel index" means the guidelines and modified scoring of the
barthel index stated in the article Improving the Sensitivity of the Barthel
Index for Stroke Rehabilitation by S Shah, F Vanclay and B Cooper published in
the Journal of Clinical Epidemiology, 1989, vol 42 no 8, pp 703-709.
"new insurer" means the party assuming the liability.
"non-scheme employer’s liability amount" means an amount for a non-scheme
employer’s liability.
"nurse" means a person registered under the Health Practitioner Regulation
National Law to practise in the nursing profession.
"old insurer" means— (a) for part 3 , division 2 —the party with whom the
liability currently resides;
(b) for part 3 , division 6 —the self-insurer
of which the non-scheme member was a member.
"ophthalmologists guide" means the publication Percentage Incapacity—A Guide
for Members published by the Royal Australian College of Ophthalmologists in
1992. Editor’s note— A copy of the ophthalmologists guide may be obtained
at the Regulator’s office.
"outstanding liability amount" , for part 3 , division 1 , means the amount of
the self-insurer’s outstanding liability calculated under this division.
"panel" see section 112A .
"PIRS" means the psychiatric impairment rating scale set out in schedule 11 .
"PIRS rating" , for a mental disorder, means a rating on the PIRS for the
permanent impairment caused by the mental disorder.
"pre-existing" , in relation to an injury, means existing at the time
immediately before the injury.
"premium" includes assessed premium, provisional premium and further premium.
"presbycusis correction table" means the presbycusis correction table
recommended and published by Hearing Australia.
"provisional annual levy" see section 18 .
"provisional premium" , for an employer, means premium calculated using a
reasonable estimate of wages for a period of insurance.
"prudential margin" has the meaning given by the actuarial standard,
section 12 .
"qualifying condition" see section 112A .
"range" , in relation to an ISV for an injury, means the range of ISVs for the
injury set out in schedule 9 .
"reading" , of a chest x-ray, for schedule 4B , see schedule 4B , section 2 .
"registered training organisation" see the Vocational Education, Training and
Employment Act 2000 , schedule 3 .
"Regulator’s actuary" means an actuary asked by the Regulator to give a
report under section 61 .
"relevant parties" , for part 3 , division 2 , means the old insurer and the
new insurer.
"risk free rate of return" has the meaning given by the actuarial standard,
section 13 .
"section 193A compensation" , for an injury, see section 112A .
"section 193A notice" , for part 4 , division 3A , see section 112G (1) .
"specified worker" see section 112A .
"self-insurer’s data" , for part 3 , division 4 , means data that will
enable the actuary to calculate the self-insurer’s estimated claims
liability and prepare and give to the Regulator and the self-insurer an
actuarial report on the calculation.
"specialty medical assessment tribunal" see section 138 (1) (b) .
"total liability amount" , means the amount of the total liability after a
change in the self-insurer’s membership.
"total liability amount" means— (a) for part 3 , division 2 —an amount of
liability after a change in the self-insurer’s membership; and
(b) for part
3 , division 6 —an amount of liability after a change in the
self-insurer’s membership.
"upper extremity" see AMA 4.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback