SAFETY, REHABILITATION AND COMPENSATION ACT 1988
Table of Provisions
PART I--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Application of Act
- 4 Interpretation
- 4AA Liabilities of Comcare and the Commission with respect to defence service
- 4A Declaration that ACT a Commonwealth authority
- 5 Employees
- 5A Definition of injury
- 5B Definition of disease
- 6 Injury arising out of or in the course of employment
- 7 Provisions relating to diseases
- 8 Normal weekly earnings
- 9 Relevant period
- 10 Recovery of damages
- 11 Liability of relevant authority
- 12 Amounts of compensation
- 13 Indexation--Consumer Price Index
- 13AA Indexation--Wage Price Index
- 13A Application of Criminal Code
PART II--COMPENSATION
Division 1--Injuries, property loss or damage, medical expenses
- 14 Compensation for injuries
- 15 Compensation for loss of or damage to property used by employee
- 16 Compensation in respect of medical expenses etc.
Division 2--Injuries resulting in death
- 17 Compensation for injuries resulting in death
- 18 Compensation in respect of funeral expenses
Division 3--Injuries resulting in incapacity for work
- 19 Compensation for injuries resulting in incapacity
- 20 Compensation for injuries resulting in incapacity where employee is in receipt of a superannuation pension
- 21 Compensation for injuries resulting in incapacity where employee is in receipt of a lump sum benefit
- 21A Compensation for injuries resulting in incapacity if employee is in receipt of a superannuation pension and a lump sum benefit
- 22 Compensation where employee is maintained in a hospital
- 23 Compensation for incapacity not payable in certain cases
- 23A Repayment of salary, wages or pay, and re - crediting of paid leave, where compensation claim successful
Division 4--Injuries resulting in impairment
- 24 Compensation for injuries resulting in permanent impairment
- 25 Interim payment of compensation
- 26 Payment of compensation
- 27 Compensation for non - economic loss
- 28 Approved Guide
Division 5--Household and attendant care services
- 29 Compensation for household services and attendant care services obtained as a result of a non - catastrophic injury
- 29A Compensation for household services and attendant care services obtained as a result of a catastrophic injury
Division 6--Miscellaneous
- 30 Redemption of compensation
- 31 Recurrent payments after payment of lump sum
- 32 Cancelled determinations not to affect certain payments of compensation
- 33 Reduction of compensation in certain cases
PART III--REHABILITATION
Division 1--Preliminary
Division 2--Approved rehabilitation program providers
- 34A How this Part applies to partnerships
- 34B Persons may seek approval as rehabilitation program providers
- 34C Applications for initial approval
- 34D Comcare to establish criteria for approval, or renewal of approval, of persons as rehabilitation program providers
- 34E Comcare to establish operational standards for rehabilitation program providers
- 34F The initial approval decision
- 34G Duration of initial approval given on application
- 34H Comcare may also approve persons as rehabilitation program providers on its own initiative
- 34J Persons may seek renewal of approval as rehabilitation program providers in certain circumstances
- 34K The renewal application
- 34L The renewal decision
- 34M Duration of renewal of approval
- 34N Further information may be required of applicants
- 34P Initial approval or renewal is subject to conditions
- 34Q Revocation of approval
- 34R Review of decisions
- 34S Approved forms
Division 3--Rehabilitation programs
- 35 Exempt authorities
- 36 Assessment of capability of undertaking rehabilitation program
- 37 Provision of rehabilitation programs
- 38 Review of certain determinations by Comcare
- 39 Compensation payable in respect of certain alterations etc.
- 40 Duty to provide suitable employment
- 41 Rehabilitation authorities to comply with guidelines
- 41A Delegation by rehabilitation authority
- 41B Application of rehabilitation provisions to former Commonwealth authorities
- 41C Application of rehabilitation provisions to successors of former Commonwealth authorities
- 41D Application of rehabilitation provisions to the Australian Capital Territory if it ceases to be a Commonwealth authority
PART IV--LIABILITIES--ARISING APART FROM THIS ACT
- 42 Interpretation
- 43 Certain persons may request cessation of compensation payments
- 44 Action for damages not to lie against Commonwealth etc. in certain cases
- 45 Actions for damages--election by employees
- 46 Notice of common law claims against third party
- 47 Notice of common law claims against Commonwealth
- 48 Compensation not payable where damages recovered
- 49 Dependants not claiming compensation
- 50 Common law claims against third parties
- 51 Payment of damages by persons to Comcare
- 52 Compensation not payable both under Act and under award
- 52A Comcare's rights and obligations in respect of certain action for non - economic loss
PART V--CLAIMS--FOR COMPENSATION
- 53 Notice of injury or loss of, or damage to, property
- 54 Claims for compensation
- 55 Survival of claims
- 56 Claims may not be made in certain cases
- 57 Power to require medical examination
- 58 Power to request the provision of information
- 59 Certain documents to be supplied on request
PART VI--RECONSIDERATION--AND REVIEW OF DETERMINATIONS
- 60 Interpretation
- 61 Determinations to be notified in writing
- 62 Reconsideration of determinations
- 63 Reviewable decision to be notified in writing
- 64 Applications to the Administrative Appeals Tribunal
- 65 Modifications of the Administrative Appeals Tribunal Act 1975
- 66 Evidence in proceedings before Administrative Appeals Tribunal
- 67 Costs of proceedings before Administrative Appeals Tribunal
PART VII--ADMINISTRATION--AND FINANCE
Division 1--Comcare
- 68 Establishment
- 69 Functions
- 70 Powers
- 70A Comcare may charge for certain services
- 70B Formation and activities of Comcare subsidiaries
- 71 Power to obtain information from Departments and authorities
- 72 Manner in which claims are to be determined
- 72A Duty to assist the Commission and the Seafarers Safety, Rehabilitation and Compensation Authority
- 73 Directions by Minister
- 73A Guidelines by Commission
- 73B Delegation by Comcare
- 74 Constitution of Comcare
- 76 The Chief Executive Officer
- 79 Persons acting as Chief Executive Officer
- 80 Remuneration and allowances
- 81 Leave of absence
- 83 Resignation
- 84 Termination of appointment
- 85 Annual report
Division 2--Deputy Chief Executive Officer, staff and consultants
- 86 Deputy Chief Executive Officer
- 87 Duties of Deputy Chief Executive Officer
- 88 Staff
- 89 Consultants
Division 3--The Commission
- 89A Establishment
- 89B Functions
- 89C Powers
- 89D Directions by Minister
- 89E Constitution
- 89F Appointment
- 89G Term of office
- 89H Deputies of members
- 89J Acting Chairperson
- 89K Remuneration and allowances
- 89L Leave of absence
- 89M Disclosure of interests
- 89N Resignation
- 89P Termination of appointment
- 89Q Meetings
- 89R Delegation by Commission and sub - delegation
- 89S Annual reports
Division 4--Finance
- 90B Payments to Comcare in respect of long - term liabilities
- 90C Source of funds to enable Comcare to meet its liabilities and other expenses
- 90D Appropriation
- 91 Money of Comcare
- 92 Estimates of receipts and expenditure
- 93 Exemption from taxation
- 95 Borrowing
Division 4A--Premiums and regulatory contributions
- 96 Extended meaning of Commonwealth authority for purposes of regulatory contributions
- 96A Available scheme funds
- 96B Comcare - retained funds
- 96C Principal officer
- 97 Determination of premiums
- 97A Matters for consideration in determination of premium
- 97B Determination of special premiums for non - economic loss in respect of injuries suffered after 30 June 1999 and before 1 July 2002
- 97C Estimate of premium for certain Commonwealth authorities
- 97CA Determination of exit contributions for former Commonwealth authorities
- 97CB Determination of exit contributions for successors of former Commonwealth authorities
- 97CC Determination of exit contributions for the Australian Capital Territory if it ceases to be a Commonwealth authority
- 97D Regulatory contributions payable by an Entity or a Commonwealth authority
- 97DA Regulatory contributions payable by a former Commonwealth authority etc.
- 97DAA Regulatory contributions by Defence Department
- 97DAB Modifications of provisions relating to contributions
- 97DB Constitutional limits
- 97E Guidelines and principles
- 97F Information to be given to Comcare
- 97G Notice of determinations
- 97H Payment of premium or regulatory contribution by an Entity or Commonwealth authority
- 97HA Payment of exit contribution or regulatory contribution by a former Commonwealth authority etc.
- 97J Review by Comcare of determination of premium or regulatory contribution
- 97K Further review by Commission of outcome of Comcare's review
- 97L Refund of premium or regulatory contribution paid by an Entity or Commonwealth authority
- 97LA Refund of exit contribution or regulatory contribution paid by a former Commonwealth authority etc.
- 97M Variation of determination of premium or regulatory contribution payable by an Entity or Commonwealth authority
- 97MA Variation of determination of exit contribution or regulatory contribution payable by a former Commonwealth authority etc.
- 97N Repayment of premium excess etc.
- 97P Late payment penalty
- 97Q Refund of premiums to former Commonwealth authorities
- 97QA Refund of premiums to successors of former Commonwealth authorities
- 97QB Refund of premiums to the Australian Capital Territory if it ceases to be a Commonwealth authority
- 97QBA Refund of exit contributions to former Commonwealth authorities
- 97QBB Refund of exit contributions to successors of former Commonwealth authorities
- 97QBC Refund of exit contributions to the Australian Capital Territory if it ceases to be a Commonwealth authority
- 97QC Refunds to be made from Comcare - retained funds
- 97QD Remission of exit contributions payable by former Commonwealth authorities
- 97QE Remission of exit contributions payable by successors of former Commonwealth authorities
- 97QF Remission of exit contributions payable by the Australian Capital Territory if it ceases to be a Commonwealth authority
PART VIII--LICENCES--TO ENABLE COMMONWEALTH AUTHORITIES AND CERTAIN CORPORATIONS TO ACCEPT LIABILITY FOR, AND/OR MANAGE, CLAIMS
Division 1--Preliminary
- 98A Outline of Part
- 99 Definitions
- 100 Minister may declare a corporation eligible to be granted a licence under this Part
- 101 Ministerial directions concerning licences
Division 2--Powers of the Commission in relation to licences
- 102 Application for grant of a licence
- 103 The Commission's power to grant licences
- 104 Licence decision
- 104A Licence fees
- 105 The Commission may vary the scope of a licence or extend its term
- 106 Suspension or revocation of licences at the instance of the Commission
- 107 Revocation of licence at request of licensee
- 107A Effect of suspension or revocation
Division 3--Authorisation to accept liability in respect of certain claims
- 108 Licence can authorise licensee to accept liability
- 108A The consequences of a licensee's authorisation to accept liability
Division 4--Authorisation to manage claims
- 108B Licence can authorise licensee to manage claims
- 108C The consequences of a licensee's authorisation to manage claims
Division 5--Conditions of a licence
- 108D The Commission may grant licence on conditions
Division 6--Miscellaneous
- 108E Functions of licensees
- 108F Powers of licensee
- 108G Date of effect of certain notices under this Part
- 108H Delegation by licensed authority
PART IX--MISCELLANEOUS
- 109A Jurisdiction of courts with respect to extraterritorial offences
- 109 Determinations to be in writing
- 110 Money paid to relevant authority for benefit of person
- 111 Provisions applicable on death of beneficiary
- 112 Assignment, set - off or attachment of compensation
- 112A Making of compensation payments through employers of employees paid out of relevant money
- 112B Making of compensation payments through employers of employees not paid out of relevant money
- 113 Recovery of amounts due to relevant authority
- 114 Recovery of overpayments
- 114A Notice to Comcare of retirement of employee
- 114B Recovery of overpayment to retired employee
- 114C Comcare may write off debt
- 114D Comcare may waive debt
- 115 Deduction of overpayments of repatriation pensions
- 116 Employees on compensation leave
- 117 Compensation payable to locally engaged overseas employees
- 118 Double benefits
- 119 Compensation where State compensation payable
- 119A Persons entitled to treatment under other legislation not entitled to certain compensation
- 120 Notice of departure from Australia etc.
- 121A Confidential commercial information not to be published
- 122 Regulations
- 122A Legislative rules
PART X--TRANSITIONAL--PROVISIONS
Division 1--Preliminary
Division 2--Transitional provisions
- 124 Application of Act to pre - existing injuries
- 124A Northern Territory to reimburse Comcare for certain compensation payments and administrative expenses
- 125 Payments under previous Acts
- 126 Notices, claims etc. under previous Acts
- 127 Settlements and determinations under previous Acts
- 128 Liability under previous Acts
- 128A Comcare's liability to be discharged by prescribed Commonwealth authorities in some cases
- 129 Application for review and other proceedings under previous Acts
- 129A Reconsideration and review of certain determinations under 1971 Act
- 130 Money and investments held under 1971 Act
Division 3--Special transitional provisions relating to certain former employees