Split a Queensland labour-hire injury between the employer and the host
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, make a table of the claim against the employer and any claim against a person who is not the employer, with the pre-court steps the opened provisions attach to each. Do not decide who owed the duty.
- What the lawyer must review
- Decide who the employer is before naming the host.
- Use chapter 5 for the employer claim.
- Use the Personal Injuries Proceedings Act only if the host is not the employer.
- Keep medical and wage records in the firm-controlled tool. ASCR r 9 and APP 11 apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland: a damages claim against the employer under chapter 5, and a claim against someone who is not the employer
Produce. A defendant map of the employer claim and any host claim, with the pre-court steps for each.
Have ready. Placement contract; Wages records; Persons the lawyer has named.
Example of the limit. Illustrative example: The contract shows a labour-hire employer and a host who is not the employer. The tool puts chapter 5 on the employer and the Personal Injuries Proceedings Act on the host. The lawyer confirms the host is not the employer.
Stop and hand it back when
- The employer cannot be identified.
- The tool has put both claims under chapter 5 without a decision on who the employer is.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In the firm-controlled tool, make a table of the claim against the employer and any claim against a person who is not the employer, with the pre-court steps the opened provisions attach to each. Do not decide who owed the duty. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Identify the employer from the contract and the wages records.
- Apply chapter 5 to a damages claim against the employer, as section 10 and section 6(2)(c) describe.
- For a person who is not the employer, record the Personal Injuries Proceedings Act pre-court procedures. The example in section 6 is a claim against X Company.
- At the compulsory conference, include a person authorised to settle for any contributor.
Sources
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 10 · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld) s 6 · 2026-10-23
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 289 · 2026-10-23
Section 10 defines damages as damages for injury sustained by a worker in circumstances creating, independently of the Act, a legal liability in the worker's employer to pay damages to the worker or, if the injury results in death, to a dependant. That liability does not include a liability against which the employer is required to provide under another Act, or under a law of another State, the Commonwealth or another country, and it does not include damages for loss of consortium. Section 6(2)(c) of the Personal Injuries Proceedings Act 2002 says that Act does not apply to a Workers' Compensation and Rehabilitation Act injury to the extent the entitlement to seek damages is regulated by chapter 5. The example is a worker employed by E whose injury is caused by a design fault in a machine designed by X Company: the claim against E uses the workers' compensation pre-court procedures, and the claim against X Company uses the Personal Injuries Proceedings Act procedures. A host who is not the employer is read on that distinction. Section 289 requires a person authorised to settle for any contributor to attend the compulsory conference.
Keep health and wage records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).