The recent changes to the Workers' Compensation and
Rehabilitation Act 2003 (Qld) (WCR Act) have generated debate.
The focus has been on the introduction of a threshold for common
law claims.
However, employers should pay attention to the amendments
relevant to obtaining information about pre-existing injuries and
workers' compensation claims of prospective employees. The
changes could be a "two-edged sword" because of the
potential to breach the WCR Act itself, or the general protections
provisions of the Fair Work Act 2009 (Cth) (FW Act).
THE WCR ACT AMENDMENTS
Relevantly, the amendments include:
- A provision requiring a "prospective worker" to
disclose pre-existing injuries or medical conditions if asked by an
employer (section 571B). Making a "false or misleading"
disclosure about a pre-existing injury or medical condition in
response to an employer's request prevents a worker from
seeking compensation or damages for any "event" that
aggravates the
