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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Comcare and Seacare Legislation
Amendment (Pension Age and
Catastrophic Injury) Bill 2017
No. , 2017
(Employment)
A Bill for an Act to amend the law relating to the
Comcare scheme and the Seacare scheme, and for
other purposes
No. , 2017
Comcare and Seacare Legislation Amendment (Pension Age and
Catastrophic Injury) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Amendments
4
Part 1--Comcare scheme
4
Division 1--Catastrophic injury
4
Safety, Rehabilitation and Compensation Act 1988
4
Division 2--Pension age
7
Safety, Rehabilitation and Compensation Act 1988
7
Part 2--Seacare scheme
9
Division 1--Catastrophic injury
9
Seafarers Rehabilitation and Compensation Act 1992
9
Division 2--Pension age
12
Seafarers Rehabilitation and Compensation Act 1992
12
Schedule 2--Application and transitional provisions
14
Part 1--Comcare scheme
14
Division 1--Catastrophic injury
14
Division 2--Pension age
14
Part 2--Seacare scheme
17
Division 1--Catastrophic injury
17
Division 2--Pension age
17
Part 3--Miscellaneous
19
No. , 2017
Comcare and Seacare Legislation Amendment (Pension Age and
Catastrophic Injury) Bill 2017
1
A Bill for an Act to amend the law relating to the
1
Comcare scheme and the Seacare scheme, and for
2
other purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Comcare and Seacare Legislation Amendment
6
(Pension Age and Catastrophic Injury) Act 2017.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Comcare and Seacare Legislation Amendment (Pension Age and
Catastrophic Injury) Bill 2017
No. , 2017
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1, Division 1
The day after this Act receives the Royal
Assent.
3. Schedule 1,
Part 1, Division 2
1 July 2017.
1 July 2017
4. Schedule 1,
Part 2, Division 1
The day after this Act receives the Royal
Assent.
5. Schedule 1,
Part 2, Division 2
1 July 2017.
1 July 2017
6. Schedule 2,
Part 1, Division 1
The day after this Act receives the Royal
Assent.
7. Schedule 2,
Part 1, Division 2
1 July 2017.
1 July 2017
8. Schedule 2,
Part 2, Division 1
The day after this Act receives the Royal
Assent.
9. Schedule 2,
Part 2, Division 2
1 July 2017.
1 July 2017
10. Schedule 2,
Part 3
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
No. , 2017
Comcare and Seacare Legislation Amendment (Pension Age and
Catastrophic Injury) Bill 2017
3
3 Schedules
1
Legislation that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Schedule 1 Amendments
Part 1 Comcare scheme
4
Comcare and Seacare Legislation Amendment (Pension Age and
Catastrophic Injury) Bill 2017
No. , 2017
Schedule 1--Amendments
1
Part 1--Comcare scheme
2
Division 1
--Catastrophic injury
3
Safety, Rehabilitation and Compensation Act 1988
4
1 Subsection 4(1)
5
Insert:
6
catastrophic injury means an injury, where the conditions
7
specified in the legislative rules are satisfied.
8
legislative rules means rules made under section 122A.
9
2 Subsection 29 (heading)
10
Repeal the heading, substitute:
11
29 Compensation for household services and attendant care services
12
obtained as a result of a non-catastrophic injury
13
3 Subsections 29(1) and (3)
14
After "injury", insert "(other than a catastrophic injury)".
15
4 After section 29
16
Insert:
17
29A Compensation for household services and attendant care
18
services obtained as a result of a catastrophic injury
19
Household services
20
(1) If, as a result of a catastrophic injury to an employee, the employee
21
obtains household services that he or she reasonably requires,
22
Comcare is liable to pay compensation of such amount per week as
23
Comcare considers reasonable in the circumstances.
24
Amendments Schedule 1
Comcare scheme Part 1
No. , 2017
Comcare and Seacare Legislation Amendment (Pension Age and
Catastrophic Injury) Bill 2017
5
(2) Without limiting the matters that Comcare may take into account in
1
determining the household services that are reasonably required in
2
a particular case, Comcare must, in making such a determination,
3
have regard to the following matters:
4
(a) the extent to which household services were provided by the
5
employee before the date of the catastrophic injury and the
6
extent to which he or she is able to provide those services
7
after that date;
8
(b) the number of persons living with the employee as members
9
of his or her household, their ages and their need for
10
household services;
11
(c) the extent to which household services were provided by the
12
persons referred to in paragraph (b) before the catastrophic
13
injury;
14
(d) the extent to which the persons referred to in paragraph (b),
15
or any other members of the employee's family, might
16
reasonably be expected to provide household services for
17
themselves and for the employee after the catastrophic injury;
18
(e) the need to avoid substantial disruption to the employment or
19
other activities of the persons referred to in paragraph (b).
20
Note:
In relation to paragraph (2)(d), see also subsection 4(2).
21
Attendant care services
22
(3) If, as a result of a catastrophic injury to an employee, the employee
23
obtains attendant care services that he or she reasonably requires,
24
Comcare is liable to pay compensation of such amount per week as
25
Comcare considers reasonable in the circumstances.
26
(4) Without limiting the matters that Comcare may take into account in
27
determining the attendant care services that are reasonably required
28
in a particular case, Comcare must, in making such a
29
determination, have regard to the following matters:
30
(a) the nature of the employee's catastrophic injury and the
31
degree to which that injury impairs his or her ability to
32
provide for his or her personal care;
33
(b) the extent to which any medical service or nursing care
34
received by the employee provides for his or her essential
35
and regular personal care;
36
Schedule 1 Amendments
Part 1 Comcare scheme
6
Comcare and Seacare Legislation Amendment (Pension Age and
Catastrophic Injury) Bill 2017
No. , 2017
(c) the extent to which it is reasonable to meet any wish by the
1
employee to live outside an institution;
2
(d) the extent to which attendant care services are necessary to
3
enable the employee to undertake or continue employment;
4
(e) any assessment made in relation to the rehabilitation of the
5
employee;
6
(f) the extent to which a relative of the employee might
7
reasonably be expected to provide attendant care services.
8
Note:
In relation to paragraph (4)(f), see also subsection 4(2).
9
Recipient of compensation
10
(5) An amount of compensation payable by Comcare under
11
subsection (1) or (3) is payable:
12
(a) if the employee has paid for the household services or
13
attendant care services, as the case may be--to the employee;
14
or
15
(b) in any other case--to the person who provided those
16
services.
17
(6) If Comcare pays an amount under subsection (1) or (3) to a person
18
who provided household services or attendant care services to an
19
employee, the payment of the amount is, to the extent of the
20
payment, a discharge of the liability of the employee to pay for
21
those services.
22
5 Subsection 60(1) (definition of determination)
23
After "29,", insert "29A,".
24
6 At the end of Part IX
25
Add:
26
122A Legislative rules
27
(1) The Minister may, by legislative instrument, make rules
28
(legislative rules) prescribing matters:
29
(a) required or permitted by this Act to be prescribed by the
30
legislative rules; or
31
Amendments Schedule 1
Comcare scheme Part 1
No. , 2017
Comcare and Seacare Legislation Amendment (Pension Age and
Catastrophic Injury) Bill 2017
7
(b) necessary or convenient to be prescribed for carrying out or
1
giving effect to this Act.
2
(2) To avoid doubt, the legislative rules may not do the following:
3
(a) create an offence or civil penalty;
4
(b) provide powers of:
5
(i) arrest or detention; or
6
(ii) entry, search or seizure;
7
(c) impose a tax;
8
(d) set an amount to be appropriated from the Consolidated
9
Revenue Fund under an appropriation in this Act;
10
(e) directly amend the text of this Act.
11
Division 2
--Pension age
12
Safety, Rehabilitation and Compensation Act 1988
13
7 Subsection 4(1) (definition of employee)
14
Omit ", and also applies to persons 65 years of age or older".
15
8 Subsection 4(1)
16
Insert:
17
pension age has the meaning given by subsection 23(5A), (5B),
18
(5C) or (5D) of the Social Security Act 1991.
19
9 Subsection 23(1)
20
Omit "65", substitute "pension age".
21
10 Subsections 23(1A) and (1B)
22
Omit "63 suffers an injury (whether before or after the commencement
23
of this subsection)", substitute "the age that is 2 years before pension
24
age suffers an injury".
25
11 Subsection 30(3) (paragraph (a) of the definition of
26
number of days)
27
Repeal the paragraph, substitute:
28
Schedule 1 Amendments
Part 1 Comcare scheme
8
Comcare and Seacare Legislation Amendment (Pension Age and
Catastrophic Injury) Bill 2017
No. , 2017
(a) if the employee is injured before reaching the age that is 2
1
years before pension age--on the day immediately before the
2
day on which the employee reaches pension age; and
3
12 Subsection 30(3) (paragraph (b) of the definition of
4
number of days)
5
Omit "63 years of age", substitute "the age that is 2 years before
6
pension age".
7
13 Section 134 (heading)
8
Repeal the heading, substitute:
9
134 Reduction of compensation on reaching pension age
10
14 Subsection 134(1)
11
Repeal the subsection, substitute:
12
(1) When a former employee to whom section 131, 132 or 132A
13
applies reaches pension age, the amount of compensation payable
14
per week to the former employee but for this section must be
15
reduced by an amount calculated under the formula:
16


5
Pension age
Age as at commencing day
Amount of weekly
compensation
100
ï‚´
ï€-
ï‚´
17
where:
18
age as at commencing day means the age of the former employee,
19
expressed in completed years, as at the commencing day.
20
amount of weekly compensation means that amount of
21
compensation payable per week to the former employee.
22
15 Subsection 137(5) (definition of number of days)
23
Omit "65 years of age", substitute "pension age".
24
Amendments Schedule 1
Seacare scheme Part 2
No. , 2017
Comcare and Seacare Legislation Amendment (Pension Age and
Catastrophic Injury) Bill 2017
9
Part 2--Seacare scheme
1
Division 1
--Catastrophic injury
2
Seafarers Rehabilitation and Compensation Act 1992
3
16 Section 3
4
Insert:
5
catastrophic injury means an injury, where the conditions
6
specified in the legislative rules are satisfied.
7
legislative rules means rules made under section 144.
8
17 Section 43 (heading)
9
Repeal the heading, substitute:
10
43 Compensation for household services and attendant care services
11
obtained as a result of a non-catastrophic injury
12
18 Subsections 43(1) and (4)
13
After "injury", insert "(other than a catastrophic injury)".
14
19 At the end of Division 5 of Part 2
15
Add:
16
43A Compensation for household services and attendant care
17
services obtained as a result of a catastrophic injury
18
Household services
19
(1) If, as a result of a catastrophic injury to an employee, the employee
20
obtains household services that he or she reasonably requires,
21
compensation is payable at the rate of such amount per week as is
22
reasonable in the circumstances.
23
(2) Without limiting the matters that may be taken into account in
24
determining the household services that are reasonably required in
25
Schedule 1 Amendments
Part 2 Seacare scheme
10
Comcare and Seacare Legislation Amendment (Pension Age and
Catastrophic Injury) Bill 2017
No. , 2017
a particular case, the employer must have regard to the following
1
matters:
2
(a) the extent to which household services were provided by the
3
employee before the date of the catastrophic injury and the
4
extent to which he or she is able to provide those services
5
after that date;
6
(b) the number of persons living with the employee as members
7
of his or her household, their ages and their need for
8
household services;
9
(c) the extent to which household services were provided by the
10
persons referred to in paragraph (b) before the catastrophic
11
injury;
12
(d) the extent to which the persons referred to in paragraph (b),
13
or any other members of the employee's family, might
14
reasonably be expected to provide household services for
15
themselves and for the employee after the catastrophic injury;
16
(e) the need to avoid substantial disruption to the employment or
17
other activities of the persons referred to in paragraph (b).
18
Note:
In relation to paragraph (2)(d), see also section 16.
19
Attendant care services
20
(3) If, as a result of a catastrophic injury to an employee, the employee
21
obtains attendant care services that he or she reasonably requires,
22
compensation is payable at the rate of such amount per week as is
23
reasonable in the circumstances.
24
(4) Without limiting the matters that may be taken into account in
25
determining the attendant care services that are reasonably required
26
in a particular case, the employer must have regard to the following
27
matters:
28
(a) the nature of the employee's catastrophic injury and the
29
degree to which that injury impairs the employee's ability to
30
provide for his or her personal care;
31
(b) the extent to which any medical service or nursing care
32
received by the employee provides for his or her essential
33
and regular personal care;
34
(c) the extent to which it is reasonable to meet any wish by the
35
employee to live outside an institution;
36
Amendments Schedule 1
Seacare scheme Part 2
No. , 2017
Comcare and Seacare Legislation Amendment (Pension Age and
Catastrophic Injury) Bill 2017
11
(d) the extent to which attendant care services are necessary to
1
enable the employee to undertake or continue employment;
2
(e) any assessment made in relation to the rehabilitation of the
3
employee;
4
(f) the extent to which a relative of the employee might
5
reasonably be expected to provide attendant care services.
6
Note:
In relation to paragraph (4)(f), see also section 16.
7
Recipient of compensation
8
(5) An amount of compensation payable under subsection (1) or (3) is
9
payable:
10
(a) if the employee has paid for the household services or
11
attendant care services, as the case may be--to the employee;
12
or
13
(b) in any other case--to the person who provided those
14
services.
15
(6) If an amount of compensation is paid under subsection (1) or (3) to
16
a person who provided household services or attendant care
17
services to an employee, the payment of the amount is, to the
18
extent of the payment, a discharge of the liability of the employee
19
to pay for those services.
20
20 Subsection 76(1) (definition of determination)
21
After "43,", insert "43A,".
22
21 At the end of Part 9
23
Add:
24
144 Legislative rules
25
(1) The Minister may, by legislative instrument, make rules
26
(legislative rules) prescribing matters:
27
(a) required or permitted by this Act to be prescribed by the
28
legislative rules; or
29
(b) necessary or convenient to be prescribed for carrying out or
30
giving effect to this Act.
31
(2) To avoid doubt, the legislative rules may not do the following:
32
Schedule 1 Amendments
Part 2 Seacare scheme
12
Comcare and Seacare Legislation Amendment (Pension Age and
Catastrophic Injury) Bill 2017
No. , 2017
(a) create an offence or civil penalty;
1
(b) provide powers of:
2
(i) arrest or detention; or
3
(ii) entry, search or seizure;
4
(c) impose a tax;
5
(d) set an amount to be appropriated from the Consolidated
6
Revenue Fund under an appropriation in this Act;
7
(e) directly amend the text of this Act.
8
Division 2
--Pension age
9
Seafarers Rehabilitation and Compensation Act 1992
10
22 Section 3
11
Insert:
12
pension age has the meaning given by subsection 23(5A), (5B),
13
(5C) or (5D) of the Social Security Act 1991.
14
23 Subsections 38(1) and (2)
15
Repeal the subsections, substitute:
16
(1) Compensation is not payable under this Division to an employee
17
who has reached pension age.
18
(2) However, if an employee who has reached the age that is one year
19
before pension age suffers an injury:
20
(a) subsection (1) does not apply; and
21
(b) compensation is payable under this Division in respect of the
22
injury:
23
(i) to the extent that this Act (other than subsection (1))
24
allows; and
25
(ii) for a maximum of 52 weeks (whether consecutive or
26
not) during which the employee is incapacitated.
27
24 Subsection 44(2) (definition of
y
[number of years])
28
Repeal the definition, substitute:
29
Amendments Schedule 1
Seacare scheme Part 2
No. , 2017
Comcare and Seacare Legislation Amendment (Pension Age and
Catastrophic Injury) Bill 2017
13
y
[number of years] means the number (calculated to 3 decimal
1
places) worked out by dividing by 365 the number of days in the
2
period beginning on the day after the date of the determination and:
3
(a) if the employee is injured before reaching the age that is 2
4
years before pension age--ending on the day immediately
5
before the day on which the employee reaches pension age;
6
and
7
(b) if the employee is injured on or after reaching the age that is
8
2 years before pension age--ending on the day immediately
9
before the employee would cease to be entitled to receive
10
compensation under section 31, 33, 34, 35 or 36.
11
Schedule 2 Application and transitional provisions
Part 1 Comcare scheme
14
Comcare and Seacare Legislation Amendment (Pension Age and
Catastrophic Injury) Bill 2017
No. , 2017
Schedule 2--Application and transitional
1
provisions
2
Part 1--Comcare scheme
3
Division 1
--Catastrophic injury
4
1 Application
--catastrophic injury
5
(1)
The amendments of section 29 of the Safety, Rehabilitation and
6
Compensation Act 1988 made by this Act apply in relation to
7
compensation in respect of a week beginning after the commencement
8
of the first legislative rules made for the purposes of the definition of
9
catastrophic injury in subsection 4(1) of that Act (as amended by this
10
Act).
11
(2)
Section 29A of the Safety, Rehabilitation and Compensation Act 1988
12
(as amended by this Act) applies in relation to compensation in respect
13
of a week that begins after the commencement of the first legislative
14
rules made for the purposes of the definition of catastrophic injury in
15
subsection 4(1) of that Act (as amended by this Act).
16
Division 2
--Pension age
17
2 Application
--pension age
18
(1)
The amendments of sections 23 and 134 of the Safety, Rehabilitation
19
and Compensation Act 1988 made by this Act apply in relation to a
20
payment of compensation in respect of a week that began after the
21
commencement of this item.
22
(2)
However:
23
(a) in the case of an employee who suffered an injury before the
24
commencement of this item, subitem (1) does not prevent a
25
week from being counted for the purposes of
26
subparagraph 23(1A)(b)(ii) of the Safety, Rehabilitation and
27
Compensation Act 1988 (as amended by this Act) even if the
28
week began before the commencement of this item; and
29
(b) in the case of a Parliamentary Service employee who suffered
30
an injury before the commencement of this item, subitem (1)
31
Application and transitional provisions Schedule 2
Comcare scheme Part 1
No. , 2017
Comcare and Seacare Legislation Amendment (Pension Age and
Catastrophic Injury) Bill 2017
15
does not prevent a week from being counted for the purposes
1
of subparagraph 23(1B)(b)(ii) of the Safety, Rehabilitation
2
and Compensation Act 1988 (as amended by this Act) even if
3
the week began before the commencement of this item.
4
(3)
If:
5
(a) an employee suffered an injury before the commencement of
6
this item; and
7
(b) compensation is payable under section 19, 20, 21, 21A or 22
8
of the Safety, Rehabilitation and Compensation Act 1988 in
9
respect of the injury for 104 weeks (whether consecutive or
10
not) during which the employee is incapacitated; and
11
(c) the last of those weeks (the final payment week) ends before
12
the employee reaches pension age (within the meaning of the
13
Safety, Rehabilitation and Compensation Act 1988 (as
14
amended by this Act));
15
subsection 23(1A) of the Safety, Rehabilitation and Compensation Act
16
1988 (as amended by this Act) has effect, in relation to the injury, as if
17
the number of weeks mentioned in subparagraph (b)(ii) of that
18
subsection were increased by the number of weeks in the period:
19
(d) beginning immediately after the end of the final payment
20
week; and
21
(e) ending immediately before the employee reaches pension age
22
(within the meaning of the Safety, Rehabilitation and
23
Compensation Act 1988 (as amended by this Act)).
24
(4)
If:
25
(a) a Parliamentary Service employee suffered an injury before
26
the commencement of this item; and
27
(b) compensation is payable under section 19, 20, 21, 21A or 22
28
of the Safety, Rehabilitation and Compensation Act 1988 in
29
respect of the injury for 104 weeks (whether consecutive or
30
not) during which the employee is incapacitated; and
31
(c) the last of those weeks (the final payment week) ends before
32
the employee reaches pension age (within the meaning of the
33
Safety, Rehabilitation and Compensation Act 1988 (as
34
amended by this Act));
35
Schedule 2 Application and transitional provisions
Part 1 Comcare scheme
16
Comcare and Seacare Legislation Amendment (Pension Age and
Catastrophic Injury) Bill 2017
No. , 2017
subsection 23(1B) of the Safety, Rehabilitation and Compensation Act
1
1988 (as amended by this Act) has effect, in relation to the injury, as if
2
the number of weeks mentioned in subparagraph (b)(ii) of that
3
subsection were increased by the number of weeks in the period:
4
(d) beginning immediately after the end of the final payment
5
week; and
6
(e) ending immediately before the employee reaches pension age
7
(within the meaning of the Safety, Rehabilitation and
8
Compensation Act 1988 (as amended by this Act)).
9
(5)
The amendment of section 137 of the Safety, Rehabilitation and
10
Compensation Act 1988 made by this Act applies in relation to a
11
determination made by the relevant authority after the commencement
12
of this item.
13
Application and transitional provisions Schedule 2
Seacare scheme Part 2
No. , 2017
Comcare and Seacare Legislation Amendment (Pension Age and
Catastrophic Injury) Bill 2017
17
Part 2--Seacare scheme
1
Division 1
--Catastrophic injury
2
3 Application
--catastrophic injury
3
(1)
The amendments of section 43 of the Seafarers Rehabilitation and
4
Compensation Act 1992 made by this Act apply in relation to
5
compensation in respect of a week beginning after the commencement
6
of the first legislative rules made for the purposes of the definition of
7
catastrophic injury in section 3 of that Act (as amended by this Act).
8
(2)
Section 43A of the Seafarers Rehabilitation and Compensation Act
9
1992 (as amended by this Act) applies in relation to compensation in
10
respect of a week that begins after the commencement of the first
11
legislative rules made for the purposes of the definition of catastrophic
12
injury in section 3 of that Act (as amended by this Act).
13
Division 2
--Pension age
14
4 Application
--pension age
15
(1)
The amendments of section 38 of the Seafarers Rehabilitation and
16
Compensation Act 1992 made by this Act apply in relation to a payment
17
of compensation in respect of a week that began after the
18
commencement of this item.
19
(2)
However, in the case of an employee who suffered an injury before the
20
commencement of this item, subitem (1) does not prevent a week from
21
being counted for the purposes of subparagraph 38(2)(b)(ii) of the
22
Seafarers Rehabilitation and Compensation Act 1992 (as amended by
23
this Act) even if the week began before the commencement of this item.
24
(3)
If:
25
(a) an employee suffered an injury before the commencement of
26
this item; and
27
(b) compensation is payable under Division 3 of Part 2 of the
28
Seafarers Rehabilitation and Compensation Act 1992 in
29
respect of the injury for 52 weeks (whether consecutive or
30
not) during which the employee is incapacitated; and
31
Schedule 2 Application and transitional provisions
Part 2 Seacare scheme
18
Comcare and Seacare Legislation Amendment (Pension Age and
Catastrophic Injury) Bill 2017
No. , 2017
(c) the last of those weeks (the final payment week) ends before
1
the employee reaches pension age (within the meaning of the
2
Seafarers Rehabilitation and Compensation Act 1992 (as
3
amended by this Act));
4
subsection 38(2) of the Seafarers Rehabilitation and Compensation Act
5
1992 (as amended by this Act) has effect, in relation to the injury, as if
6
the number of weeks mentioned in subparagraph (b)(ii) of that
7
subsection were increased by the number of weeks in the period:
8
(d) beginning immediately after the end of the final payment
9
week; and
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(e) ending immediately before the employee reaches pension age
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(within the meaning of the Seafarers Rehabilitation and
12
Compensation Act 1992 (as amended by this Act)).
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Application and transitional provisions Schedule 2
Miscellaneous Part 3
No. , 2017
Comcare and Seacare Legislation Amendment (Pension Age and
Catastrophic Injury) Bill 2017
19
Part 3--Miscellaneous
1
5 Constitutional safety net
2
(1)
If the operation of this Act would result in an acquisition of property
3
(within the meaning of paragraph 51(xxxi) of the Constitution) from a
4
person otherwise than on just terms (within the meaning of that
5
paragraph), the Commonwealth is liable to pay a reasonable amount of
6
compensation to the person.
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(2)
If the Commonwealth and the person do not agree on the amount of the
8
compensation, the person may institute proceedings in the Federal Court
9
of Australia for the recovery from the Commonwealth of such
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reasonable amount of compensation as the court determines.
11