Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act, unless the contrary intention appears:
"adoption" means adoption under a law of a State or Territory or of a foreign country.
"aggravation" includes acceleration or recurrence.
"ailment" means any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development).
"appointed member" means a member referred to in paragraph 109(a), (b), (c) or (d).
"approved Guide" means:
(a) the document, prepared by the Authority in accordance with section 42 under the title 'Guide to the Assessment of the Degree of Permanent Impairment', that has been approved by the Minister and is for the time being in force; and
(b) if an instrument varying the document has been approved by the Minister--that document as so varied.
"approved industry training course" means an industry training course approved in writing by the Authority for the purposes of this definition.
"approved program provider" has the meaning given by section 48.
"ART" means the Administrative Review Tribunal.
"attendant care services" , in relation to an employee, means services (other than household services, medical or surgical services or nursing care) required for the essential and regular personal care of the employee.
"Australian General Shipping Register" has the same meaning as in the Shipping Registration Act 1981 .
"Australian International Shipping Register" has the same meaning as in the Shipping Registration Act 1981 .
"Australian Maritime Safety Authority" means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990 .
"authorised insurer" means a general insurer or Lloyd's underwriter under the Insurance Act 1973 or an insurer that carries on State insurance (whether or not the State insurance extends beyond the limits of the State concerned).
"Authority" means the Seafarers Safety, Rehabilitation and Compensation Authority established by section 103.
"catastrophic injury" means an injury, where the conditions specified in the legislative rules are satisfied.
"Chairperson" means the Chairperson of the Authority.
"child" : without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975 .
"claim" means a claim under Part 5.
"claimant" , in relation to a time after the death of a claimant, means the claimant's legal personal representative.
"coastal trading" has the same meaning as in the Coastal Trading (Revitalising Australian Shipping) Act 2012 .
"Comcare" has the same meaning as in the Safety, Rehabilitation and Compensation Act 1988 .
"Comcare officer" means a person referred to in subsection 88(1) of the Safety, Rehabilitation and Compensation Act 1988 .
"company trainee" means a person (other than an industry trainee) who:
(a) although ordinarily employed or engaged as a seafarer, is not so employed or engaged but is undergoing a training course as required by his or her employer; or
(b) is undergoing a training course as required by his or her employer before becoming a seafarer.
"compensation leave" means any period during which an employee is absent from his or her employment due to an incapacity for work resulting from an injury in respect of which compensation is payable under section 31 or 37.
"damages" includes any amount paid under a compromise or settlement of a claim for damages, whether or not legal proceedings have been instituted, but does not include an amount paid in respect of costs incurred in connection with legal proceedings.
"de facto partner" of a person has the meaning given by the Acts Interpretation Act 1901 .
"default event" , in relation to an employer, happens when:
(a) the employer:
(i) becomes bankrupt or insolvent; or
(ii) applies to take the benefit of any law for the relief of insolvents; or
(iii) compounds with the employer's creditors for their benefit; or
(iv) if the employer is a body corporate--is being wound - up; or
(v) if the employer is a body corporate--ceases to exist; or
(vi) no longer engages in trade or commerce in Australia; and
(b) the employer is unable to meet the employer's liabilities under this Act.
"dependant" , in relation to a deceased employee, means a person:
(a) who is the spouse of the employee; or
(b) who is the parent, step - parent, father - in - law, mother - in - law, grandparent, child, stepchild, grandchild, sibling or half - sibling of the employee; or
(c) in relation to whom the employee stood in the position of a parent or who stood in the position of a parent to the employee;
being a person who was wholly or partly dependent on the employee at the date of the employee's death.
Note: see also section 16.
"dependent" means dependent for economic support.
"disease" means:
(a) any ailment suffered by an employee; or
(b) the aggravation of any such ailment;
being an ailment or an aggravation that was contributed to in a material degree by the employee's employment.
"emergency licence" has the same meaning as in the Coastal Trading (Revitalising Australian Shipping) Act 2012 .
"employee" has the meaning given in section 4.
"financial corporation" means a financial corporation within the meaning of paragraph 51(xx) of the Constitution.
"foreign corporation" means a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and includes a body that is incorporated in an external Territory.
"Fund" has the meaning given in section 96.
"general licence" has the same meaning as in the Coastal Trading (Revitalising Australian Shipping) Act 2012 .
"Government ship" means a ship:
(a) that belongs to the Commonwealth or a State or Territory; or
(b) the beneficial interest in which is vested in the Commonwealth or a State or Territory; or
(c) that is for the time being demised or sub - demised to, or in the exclusive possession of, the Commonwealth or a State or Territory;
and includes a ship that belongs to an arm of the Defence Force, but does not include a ship:
(d) that belongs to a trading corporation that is an authority or agency of the Commonwealth or of a State or a Territory; or
(e) the beneficial interest in which is vested in such a trading corporation; or
(f) that is for the time being demised or sub - demised to, or in the exclusive possession of, such a trading corporation; or
(g) that is operated by seafarers supplied (directly or indirectly) by a corporation under a contract with the Commonwealth or a State or Territory.
"household services" , in relation to an employee, means services of a domestic nature (including cooking, house cleaning, laundry and gardening services) required for the proper running and maintenance of the employee's household.
"impairment" means the loss, the loss of the use, or the damage or malfunction, of any part of the body or of the whole or part of any bodily system or function.
"individual industrial agreement" means an industrial agreement that applies to only one employee.
"industrial instrument" :
(a) includes an industrial award, determination or agreement; but
(b) does not include an individual industrial agreement.
"industry trainee" means a person (other than a company trainee) who:
(a) although ordinarily employed or engaged as a seafarer, is not so employed or engaged but is undergoing an approved industry training course; or
(b) is undergoing an approved industry training course before becoming a seafarer.
"injury" means:
(a) a disease; or
(b) an injury (other than a disease) suffered by an employee, being a physical or mental injury arising out of, or in the course of, the employee's employment; or
(c) an aggravation of a physical or mental injury (other than a disease) suffered by an employee (whether or not that injury arose out of, or in the course of, the employee's employment), being an aggravation that arose out of, or in the course of, that employment;
but does not include anything suffered by an employee as a result of reasonable disciplinary action taken against the employee, or failure by the employee to obtain a promotion, transfer or benefit in connection with his or her employment.
"journey" , in relation to a journey to which subsection 28(6), 49(6A), 50(2A), 66(4) or 83A(3) applies, includes part of that journey.
"legislative rules" means rules made under section 144.
"loss" , in relation to property used by an employee, includes destruction.
"medical treatment" means:
(a) medical or surgical treatment by, or under the supervision of, a legally qualified medical practitioner; or
(b) therapeutic treatment obtained at the direction of a legally qualified medical practitioner; or
(c) dental treatment by, or under the supervision of, a legally qualified dentist; or
(d) therapeutic treatment by, or under the supervision of, a physiotherapist, osteopath, masseur or chiropractor registered as such under the law of a State or Territory; or
(e) an examination, test or analysis carried out at the request or direction of a legally qualified medical practitioner or dentist, and the provision of a report in respect of it; or
(f) the supply, replacement or repair of an artificial limb or other artificial substitute or of a medical, surgical or other similar aid or appliance; or
(g) treatment and maintenance as a patient at a hospital; or
(h) nursing care, and the provision of medicines, medical and surgical supplies and curative apparatus, whether in a hospital or not.
"member" means a member of the Authority.
"National Employment Standards" has the same meaning as in the Fair Work Act 2009 .
"non-economic loss" , in relation to an employee who has suffered an injury resulting in a permanent impairment, means loss or damage of a non - economic kind suffered by the employee (including pain and suffering, a loss of expectation of life or a loss of the amenities or enjoyment of life) as a result of that injury or impairment and of which the employee is aware.
"normal weekly earnings" means the normal weekly earnings of an employee worked out under section 13.
"parent" : without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.
"pension age" has the meaning given by subsection 23(5A), (5B), (5C) or (5D) of the Social Security Act 1991 .
"permanent" means likely to continue indefinitely.
"place of residence" , in relation to an employee, means:
(a) the place in Australia where the employee normally resides; or
(b) a place in Australia, other than the place mentioned in paragraph (a), where the employee resides temporarily, as a matter of necessity or convenience, for the purposes of his or her employment; or
(c) any other place in Australia where the employee stays, or intends to stay, overnight, if a journey to it from the employee's place of work does not substantially increase the risk of sustaining an injury when compared with the journey from his or her place of work to the place referred to in paragraph (a) or (b).
"place of work" , in relation to an employee, means any place at which the employee is required to attend for the purpose of carrying out the duties of his or her employment and:
(a) if the employee is a seafarer--includes the prescribed ship on which the seafarer is employed or engaged; and
(b) if the employee is a trainee--includes a ship on which the trainee is required to train as part of an approved industry training course.
"prescribed child" means:
(a) a person under 16; or
(b) a person who:
(i) is 16 or over but under 25; and
(ii) is receiving full - time education at a school, college, university or other educational institution; and
(iii) is not ordinarily in employment or engaged in work on his or her own account.
"prescribed person" , in relation to an employee, means:
(a) the spouse of the employee; or
(b) any of the following who is 16 or over:
(i) the parent, step - parent, father - in - law, mother - in - law, grandparent, child, stepchild, grandchild, sibling or half - sibling of the employee;
(ii) a person in relation to whom the employee stands in the position of a parent or who stands in the position of a parent to the employee;
(iii) a person (other than the spouse of the employee or a person referred to in subparagraph (i) or (ii)) who is wholly or mainly dependent on the employee and has the care of a prescribed child who is wholly or mainly dependent on the employee.
Note: see also sections 16 and 17.
"prescribed ship" means a ship that:
(a) is either:
(i) a ship to which Part II of the Navigation Act 1912 would apply if that Act had not been repealed; or
(ii) a ship that is declared under subsection 3A(1) to be a prescribed ship; and
(b) is neither a Government ship nor a ship declared under subsection 3A(2) not to be a prescribed ship.
"property used by an employee" means an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by the employee.
"rehabilitation program" includes medical, dental, psychiatric and hospital services (whether on an in - patient or out - patient basis), physical training and exercise, physiotherapy, occupational therapy and vocational training.
"seafarer" means a seafarer, as defined in the Navigation Act 2012 , who is employed in any capacity on a prescribed ship, on the business of the ship.
"seafarer berth" means a berth on a prescribed ship that is normally used by a seafarer to whose employment this Act applies.
Note: Section 19 deals with the application of this Act.
"spouse" includes:
(a) in relation to an employee or a deceased employee--a person who is, or immediately before the employee's death was, a de facto partner of the employee; and
(b) in relation to an employee or a deceased employee who is or was a member of the Aboriginal race of Australia or a descendant of indigenous inhabitants of the Torres Strait Islands--a person who is or was recognised as the employee's husband, wife or spouse by the custom prevailing in the tribe or group to which the employee belongs or belonged.
"stepchild" : without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person's stepchild except that the person is not legally married to the partner.
"step-parent" : without limiting who is a step - parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step-parent of the person if he or she would be the person's step - parent except that he or she is not legally married to the person's parent.
"suitable employment" , in relation to an employee who has suffered an injury in respect of which compensation is payable under this Act, means any employment (including self - employment) for which the employee is suited having regard to:
(a) the employee's age, experience, training, language and other skills; and
(b) the employee's suitability for rehabilitation or vocational retraining; and
(c) if employment is available in a place that would require the employee to change his or her place of residence--whether it is reasonable to expect the employee to change his or her place of residence; and
(d) any other relevant matter.
"superannuation amount" , in relation to a pension received by an employee in respect of a week, or a lump sum benefit received by an employee, being a pension or benefit under a superannuation scheme, means an amount equal to:
(a) if the scheme identifies a part of the pension or lump sum as attributable to the contributions made under the scheme by the employee's employer or any former employer--the amount of that part; or
(b) in any other case--the amount assessed by the person administering the superannuation scheme to be the part of the pension or lump sum that is so attributable.
"superannuation scheme" means any superannuation scheme or superannuation fund under which an employer makes contributions on behalf of his or her employees.
"therapeutic treatment" includes:
(a) an examination, test or analysis done for the purpose of diagnosing an injury; and
(b) treatment given for the purpose of alleviating an injury.
"trading corporation" means a trading corporation within the meaning of paragraph 51(xx) of the Constitution.
"trainee" means:
(a) a company trainee; or
(b) an industry trainee.