On 14 October 2026 the Industrial Relations and Other Legislation Amendment Bill 2026 was introduced into the Queensland Parliament and referred to the State Development, Infrastructure and Works Committee. Among other things, it proposes changes to how the Workers' Compensation and Rehabilitation Act 2003 treats psychiatric and psychological injury. The Explanatory Notes say the Bill gives effect to recommendations of the 2026 review of the industrial relations and workers' compensation schemes. A Bill is a proposal that may be amended, passed or not passed; until any change commences, the current law applies.
This guide describes a Bill before the Queensland Parliament as at 22 October 2026; we will update it if the Bill changes or passes.
Key points
- The Bill proposes that, for a psychological injury, employment would have to be the major significant contributing factor, not just a significant contributing factor as the law requires now.
- It also proposes a wider reasonable management action exclusion and a shorter time to apply for review of an insurer's decision: 20 business days instead of 3 months.
- Under the Bill as introduced, the old test would continue to apply to a psychological injury sustained before the change commences. The Bill is before a parliamentary committee and is not law.
The law today
The test. Under section 32 of the Act, an injury is a personal injury arising out of, or in the course of, employment where the employment is a significant contributing factor to the injury. The same test applies to physical and psychological injuries, and to an aggravation of an existing condition. Queensland has used this test for psychological injury since 2019, when the word "major" was removed. Work does not have to be the only or the main cause. Our guide to psychological injury at work explains how the test works in practice.
The reasonable management action exclusion. Section 32(5) says injury does not include a psychiatric or psychological disorder arising out of reasonable management action taken in a reasonable way by the employer, a worker's expectation or perception of such action, or action by the Regulator or an insurer in connection with the claim. The Act's examples include action taken to transfer, demote, discipline, redeploy, retrench or dismiss a worker. The exclusion does not cover injury caused by bullying or harassment.
The review time limit. Under section 542, an application to the Regulator to review an insurer's decision must be made within 3 months after you receive written notice of the decision and the reasons. You may ask once for more time, and the Regulator may grant it if satisfied special circumstances exist. Our guide to a rejected WorkCover claim, review and appeal sets out the process.
What the Bill proposes
1. The causation test for psychological injury. Clause 121 would rewrite section 32(1) so that, for a psychiatric or psychological disorder, "the employment is the major significant contributing factor to the injury". Physical injuries would keep the existing test. A new section 32(3)(ba) would apply the same higher test to an aggravation of a psychiatric or psychological disorder. The Explanatory Notes describe this as a reduction in the scope of the definition of injury for psychological and psychiatric injuries, and compare it with the current definition, "where employment need only be a significant contributing factor".
2. The reasonable management action exclusion. The Bill would add "action taken to investigate alleged misconduct by the worker" to the Act's examples of reasonable management action. It would also insert a new section 32(6): management action, or the way it is taken, is not unreasonable merely because the employer incorrectly does or fails to do a thing that is minor in nature, having regard to the reasonableness of the action as a whole. The Explanatory Notes say this reflects existing case law that management action may remain reasonable despite imperfections.
3. The time to apply for review. Clause 160 would replace "3 months" in section 542 with "20 business days". The Explanatory Notes say the Bill does not change the ability to ask for an extension of time. The time to appeal a review decision would increase from 20 to 30 business days.
4. Claims history for prospective employers. New sections 571D and 571E would allow a prospective employer, with the applicant's written consent, to ask the Regulator for a "claims history summary": a document stating the number and nature of the person's current or previous applications for compensation or claims for damages. The employer could use it only for the employment process to the extent the law permits, and must not disclose it to anyone else, with a penalty for misuse. This would cover all claims, not only psychological ones.
The Bill contains other workers' compensation changes that this guide does not cover.
When it could take effect
The committee's inquiry page states that written submissions close at 12pm on Monday 2 November 2026, public hearings are scheduled for 12 and 13 November 2026, and the committee's report is due on Friday 27 November 2026. After the report, the Bill may be debated and passed, amended or not passed.
If the Bill is passed in its current form, commencement would be staggered:
- 1 January 2027 for listed provisions, including the claims history summary.
- A date fixed by proclamation for other listed provisions, including changes to medical examinations and assessment.
- The date of assent for provisions the Bill does not give another date. That includes the new psychological injury test, the reasonable management action changes and the 20 business day review limit. Under section 15A of the Acts Interpretation Act 1954, an Act commences on the date of assent unless it expressly provides otherwise.
Transitional provisions. Proposed section 756 says the former section 32 continues to apply to a psychiatric or psychological disorder if the injury was sustained before commencement; the new test applies to an injury sustained after it. Proposed section 771 says that a person who could apply for review before commencement, and whose time had not ended, keeps the former time limit. These are the provisions as introduced. They could change before the Bill is passed.
What this means if you have a psychological injury now
The current law applies until any change commences, and the Bill may change before then. Existing time limits keep running in the meantime: an application for compensation must generally be lodged within 6 months after the entitlement arises (section 131), and an application for review must be made within 3 months after you receive written notice of a decision and its reasons (section 542).
Practical steps do not depend on the Bill. See your doctor about your symptoms and how they relate to work, and keep a record of what happened, when and who was involved, with emails, messages and meeting notes. If you have a claim, note the date of each letter from the insurer. For more on the law in this area, see our workers' compensation page.
Frequently asked questions
Has the psychological injury test in Queensland changed? No. As at 22 October 2026, the change is proposed in a Bill before the Queensland Parliament. Employment must currently be a significant contributing factor to the injury.
Would the new test apply to a claim I have already made? Under the Bill as introduced, the former test would continue to apply where the injury was sustained before the change commences. The Bill may be amended before it is passed.
Do I now have only 20 business days to apply for review? No. The current limit is 3 months. If the change commences, the Bill as introduced keeps the former limit for anyone whose review period was already running at commencement.
Can a future employer already see my WorkCover claims history? Not through the Regulator's claims history summary, which is only proposed. It would need your written consent and would start on 1 January 2027 if the Bill is passed as introduced.
Sources
- Industrial Relations and Other Legislation Amendment Bill 2026 (Qld), cls 2, 121, 160, 166, 176–177, 181 (proposed ss 756, 771) — legislation.qld.gov.au
- Explanatory Notes, Industrial Relations and Other Legislation Amendment Bill 2026 — parliament.qld.gov.au
- State Development, Infrastructure and Works Committee, Industrial Relations and Other Legislation Amendment Bill 2026 inquiry (submissions, hearings and report date) — parliament.qld.gov.au
- Workers' Compensation and Rehabilitation Act 2003 (Qld), ss 32, 131, 542 — legislation.qld.gov.au
- Acts Interpretation Act 1954 (Qld), s 15A — legislation.qld.gov.au