In 2013 an amendment to the Workers’ Compensation and Rehabilitation Act 2003 (Qld) (‘the Act’) came into effect, which allowed for an employer, with the consent of a prospective employee, to obtain a copy of the prospective employee’s claims history from the Queensland Workers’ Compensation Regulator.
Employers were entitled to do this under section 571D of the Act, however the Queensland Government has now introduced a bill to parliament to further amend the Act, with a key amendment being the repeal of section 571D.
If this Bill is passed it will mean that an employer will no longer be obtain to obtain a copy of the claims history summary of a prospective employee from the Queensland Workers’ Compensation Regulator.
The next parliamentary session commences mid September, so it can be expected this bill may come into effect soon after, meaning that employers should begin a review of their employment applications to ensure compliance with the Act.
Employers should ensure that their employment applications are amended to remove any provision that seeks the consent of a prospective employee to allow the employer to obtain a copy of their claims history summary.
An employer will still be able to ask a prospective employee to disclose any pre-existing injuries or medical conditions they may have which could affect the performance of their duties for the role they are applying for.