Check if a Queensland workers' or motor policy is outside the Insurance Contracts Act
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the policy and the claim, list whether the contract was entered for the Workers' Compensation and Rehabilitation Act 2003 or the Motor Accident Insurance Act 1994, and whether only some clauses are for that law. Do not decide that the Insurance Contracts Act applies.
- What the lawyer must review
- Decide if this contract was made for the workers' compensation Act or the motor accident Act.
- If only some clauses are for that Act, you apply the section 9 split. The tool does not.
- A public liability policy is not outside the Act merely because a workers' claim is also open.
- Use a firm-controlled tool. Check ASCR r 9, APP 11 and any notifiable breach.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland workers' compensation insurance and compulsory third-party insurance
Produce. A table saying which Act the lawyer must apply to each policy, with no conclusion filled in.
Have ready. The policy schedule and wording; The injury and the defendant named on the file.
Example of the limit. Illustrative example: The file has a WorkCover policy for the employer and a public liability policy for the machine designer. The table marks only the WorkCover policy for the section 9 question. It leaves the designer's policy in the other column.
Stop and hand it back when
- The schedule does not show which Act the policy was entered for.
- The question is about one clause inside a mixed contract and the groups have not been separated.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the policy and the claim, list whether the contract was entered for the Workers' Compensation and Rehabilitation Act 2003 or the Motor Accident Insurance Act 1994, and whether only some clauses are for that law. Do not decide that the Insurance Contracts Act applies. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Name the Act the contract was entered for.
- If the contract includes both provisions for a workers' compensation law under section 9(1)(f)(i) and common-law damages cover under section 9(1)(f)(ii), section 9(1B) keeps those groups together as one contract to which the Act does not apply. Do not split them. Section 9(1A) is the split, and it applies where one group would be excluded and the other would not.
- Leave a host or public liability policy in the Insurance Contracts Act column unless that policy itself was entered for the workers' compensation law.
Sources
- Insurance Contracts Act 1984 (Cth) s 9 · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld) s 6 · 2026-10-23
Health, wage and scheme records stay in a firm-controlled tool. Check ASCR r 9, APP 11, and whether a disclosure is notifiable under the Privacy Act 1988 (Cth).
Insurance Contracts Act 1984 (Cth) s 9(1) says the Act does not apply, except as otherwise provided, to a contract entered for a law that relates to workers' compensation, or to compensation for death or injury arising out of the use of a motor vehicle. Section 9(1)(f) also covers common-law damages cover entered for a workers' compensation law. Section 9(1B) keeps those two groups together as one excluded contract. Section 9(1A) splits an excluded group from a group that is not excluded. Section 9(2) also excludes State insurance.
Personal Injuries Proceedings Act 2002 (Qld) s 6(2)(c) and its example show the matching split in the pre-court Acts: a damages claim against the employer follows the Workers' Compensation and Rehabilitation Act, and a claim against a non-employer, such as the designer of a machine, still follows the Personal Injuries Proceedings Act. That non-employer policy is not treated as workers' compensation insurance.