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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Safety, Rehabilitation and Compensation
Amendment (Improving the Comcare
Scheme) Bill 2015
No. , 2015
(Employment)
A Bill for an Act to amend the Safety, Rehabilitation
and Compensation Act 1988, and for other purposes
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 6
Schedule 1--Eligibility for compensation and rehabilitation
7
Part 1--Amendments
7
Safety, Rehabilitation and Compensation Act 1988
7
Part 2--Application provisions
14
Schedule 2--Rehabilitation
15
Part 1--General amendments
15
Military Rehabilitation and Compensation Act 2004
15
Safety, Rehabilitation and Compensation Act 1988
15
Seafarers Rehabilitation and Compensation Act 1992
53
Part 2--Amendments contingent on the commencement of
Schedule 2 to the Safety, Rehabilitation and
Compensation Legislation Amendment Act 2015
54
Safety, Rehabilitation and Compensation Act 1988
54
Part 3--Amendments contingent on the commencement of
Part 1 of Schedule 1 to the Safety, Rehabilitation and
Compensation Legislation Amendment (Exit
Arrangements) Act 2015
55
Safety, Rehabilitation and Compensation Act 1988
55
Part 4--Application and transitional provisions
59
Schedule 3--Scheme integrity
62
Part 1--General amendments
62
Administrative Decisions (Judicial Review) Act 1977
62
Safety, Rehabilitation and Compensation Act 1988
62
ii
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
Part 2--Amendments contingent on the commencement of
Schedule 2 to the Safety, Rehabilitation and
Compensation Legislation Amendment Act 2015
77
Safety, Rehabilitation and Compensation Act 1988
77
Part 3--General application and transitional provisions
81
Schedule 4--Provisional medical expense payments
83
Part 1--Amendments
83
Safety, Rehabilitation and Compensation Act 1988
83
Part 2--Application and transitional provisions
93
Schedule 5--Medical expenses
94
Part 1--Amendments
94
Safety, Rehabilitation and Compensation Act 1988
94
Part 2--Application and transitional provisions
104
Division 1--Transitional provisions commencing on the day after
Royal Assent
104
Division 2--Application provisions commencing on Proclamation
104
Schedule 6--Household services and attendant care services
105
Part 1--Amendments commencing on the day after Royal
Assent
105
Safety, Rehabilitation and Compensation Act 1988
105
Part 2--Amendments commencing on Proclamation
107
Division 1--Amendments
107
Safety, Rehabilitation and Compensation Act 1988
107
Division 2--Application and transitional provisions
114
Schedule 7--Absences from Australia
115
Part 1--Amendments
115
Safety, Rehabilitation and Compensation Act 1988
115
Part 2--Application and transitional provisions
123
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
iii
Schedule 8--Accrual of leave while receiving compensation
124
Safety, Rehabilitation and Compensation Act 1988
124
Schedule 9--Calculation of compensation
125
Part 1--Amendments
125
Safety, Rehabilitation and Compensation Act 1988
125
Part 2--Application and transitional provisions
142
Schedule 10--Redemption of compensation
147
Part 1--Amendments
147
Safety, Rehabilitation and Compensation Act 1988
147
Part 2--Transitional provisions
148
Schedule 11--Legal costs
149
Part 1--Amendments
149
Safety, Rehabilitation and Compensation Act 1988
149
Part 2--Application provisions
153
Schedule 12--Permanent impairment
154
Part 1--Amendments
154
Safety, Rehabilitation and Compensation Act 1988
154
Part 2--Application and transitional provisions
164
Schedule 13--Licences
167
Safety, Rehabilitation and Compensation Act 1988
167
Schedule 14--Gradual onset injuries
170
Part 1--General amendments
170
Safety, Rehabilitation and Compensation Act 1988
170
Part 2--Amendments contingent on the commencement of
Schedule 2 to the Safety, Rehabilitation and
Compensation Legislation Amendment Act 2015
175
Safety, Rehabilitation and Compensation Act 1988
175
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Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
Part 3--Application provisions
178
Schedule 15--Sanctions
179
Part 1--Amendments commencing on the day after Royal
Assent
179
Division 1--Amendments
179
Safety, Rehabilitation and Compensation Act 1988
179
Division 2--Application and transitional provisions
180
Part 2--Amendments commencing on Proclamation
182
Division 1--Amendments
182
Safety, Rehabilitation and Compensation Act 1988
182
Division 2--Application provisions
201
Schedule 16--Defence-related claims
203
Safety, Rehabilitation and Compensation Act 1988
203
Schedule 17--Interpretation
206
Part 1--Amendments commencing on the day after Royal
Assent
206
Safety, Rehabilitation and Compensation Act 1988
206
Part 2--Amendments contingent on commencement of
Schedule 2 to the Safety, Rehabilitation and
Compensation Legislation Amendment Act 2015
209
Safety, Rehabilitation and Compensation Act 1988
209
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
1
A Bill for an Act to amend the Safety, Rehabilitation
1
and Compensation Act 1988, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Safety, Rehabilitation and
5
Compensation Amendment (Improving the Comcare Scheme) Act
6
2015.
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
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
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
The day after this Act receives the Royal
Assent.
3. Schedule 2,
Part 1
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 12 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
4. Schedule 2,
Part 2
The later of:
(a) immediately after the commencement of
the provisions covered by table item 3;
and
(b) immediately after the commencement of
Schedule 2 to the Safety, Rehabilitation
and Compensation Legislation
Amendment Act 2015.
5. Schedule 2,
Part 3
The later of:
(a) immediately after the commencement of
the provisions covered by table item 3;
and
(b) immediately after the commencement of
Part 1 of Schedule 1 to the Safety,
Rehabilitation and Compensation
Legislation Amendment (Exit
Arrangements) Act 2015.
6. Schedule 2,
Part 4
At the same time as the provisions covered
by table item 3.
7. Schedule 3,
Part 1
The day after this Act receives the Royal
Assent
8. Schedule 3,
The later of:
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
Part 2
(a) immediately after the commencement of
the provisions covered by table item 7;
and
(b) immediately after the commencement of
Schedule 2 to the Safety, Rehabilitation
and Compensation Legislation
Amendment Act 2015.
9. Schedule 3,
Part 3
At the same time as the provisions covered
by table item 7.
10. Schedule 4
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 12 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
11. Schedule 5,
Part 1
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 12 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
12. Schedule 5,
Part 2, Division 1
The day after this Act receives the Royal
Assent.
13. Schedule 5,
Part 2, Division 2
At the same time as the provisions covered
by table item 11.
14. Schedule 6,
Part 1
The day after this Act receives the Royal
Assent.
15. Schedule 6,
Part 2
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 12 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
16. Schedule 7
Immediately after the commencement of the
provisions covered by table item 26.
4
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
17. Schedule 8
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) the commencement of item 5 of
Schedule 1 to the Fair Work Amendment
Act 2015.
18. Schedule 9
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 12 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
19. Schedule 10
The day after this Act receives the Royal
Assent.
20. Schedule 11
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 12 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
21. Schedule 12
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 12 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
22. Schedule 13
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
Schedule 2 to the Safety, Rehabilitation
and Compensation Legislation
Amendment Act 2015.
23. Schedule 14,
Part 1
The day after this Act receives the Royal
Assent.
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
5
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
24. Schedule 14,
Part 2
The later of:
(a) immediately after the commencement of
the provisions covered by table item 23;
and
(b) immediately after the commencement of
Schedule 2 to the Safety, Rehabilitation
and Compensation Legislation
Amendment Act 2015.
25. Schedule 14,
Part 3
At the same time as the provisions covered
by table item 23.
26. Schedule 15,
Part 1
The day after this Act receives the Royal
Assent.
27. Schedule 15,
Part 2
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 12 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
28. Schedule 16
The day after this Act receives the Royal
Assent.
29. Schedule 17,
Part 1
The day after this Act receives the Royal
Assent.
30. Schedule 17,
Part 2
The later of:
(a) immediately after the commencement of
the provisions covered by table item 29;
and
(b) immediately after the commencement of
Schedule 2 to the Safety, Rehabilitation
and Compensation Legislation
Amendment Act 2015.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
6
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
(2) Any information in column 3 of the table is not part of this Act.
1
Information may be inserted in this column, or information in it
2
may be edited, in any published version of this Act.
3
3 Schedules
4
Legislation that is specified in a Schedule to this Act is amended or
5
repealed as set out in the applicable items in the Schedule
6
concerned, and any other item in a Schedule to this Act has effect
7
according to its terms.
8
Eligibility for compensation and rehabilitation Schedule 1
Amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
7
Schedule 1
--Eligibility for compensation and
1
rehabilitation
2
Part 1
--Amendments
3
Safety, Rehabilitation and Compensation Act 1988
4
1 Subsection 4(1)
5
Insert:
6
designated injury has the meaning given by section 5C.
7
relevant pre-existing ailment, in relation to a designated injury or
8
an aggravation of a designated injury, has the meaning given by
9
section 5C.
10
2 Subsection 4(1) (definition of significant degree)
11
Repeal the definition, substitute:
12
significant degree means a degree that is substantially more than
13
material.
14
3 Subsection 4(10)
15
After "than in", insert "section 7A or".
16
4 Subsection 4(10A)
17
After "except in", insert "section 7A or".
18
5 Subsection 5A(1) (paragraphs (b) and (c) of the definition of
19
injury)
20
After "disease", insert "or a designated injury".
21
6 Subsection 5A(1) (at the end of paragraph (c) of the
22
definition of injury)
23
Add "or".
24
Schedule 1 Eligibility for compensation and rehabilitation
Part 1 Amendments
8
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
7 Subsection 5A(1) (after paragraph (c) of the definition of
1
injury)
2
Insert:
3
(d) a designated injury suffered by an employee, where the
4
designated injury was contributed to, to a significant degree,
5
by the employee's employment by the Commonwealth or a
6
licensee; or
7
(e) a designated injury suffered by an employee, where:
8
(i) the relevant pre-existing ailment is a disease; and
9
(ii) the designated injury was contributed to, to a significant
10
degree, by the relevant pre-existing ailment; or
11
(f) an aggravation of a designated injury suffered by an
12
employee, where the aggravation was contributed to, to a
13
significant degree, by the employee's employment by the
14
Commonwealth or a licensee; or
15
(g) an aggravation of a designated injury suffered by an
16
employee, where:
17
(i) the relevant pre-existing ailment is a disease; and
18
(ii) the aggravation was contributed to, to a significant
19
degree, by the relevant pre-existing ailment;
20
8 Subsection 5A(1) (definition of injury)
21
Omit all the words after "suffered as a result", substitute:
22
of:
23
(h) reasonable management action taken in a reasonable manner;
24
or
25
(i) the employee's anticipation or expectation of reasonable
26
management action being taken.
27
9 Subsection 5A(2)
28
Repeal the subsection, substitute:
29
Management action
30
(2) For the purposes of subsection (1), management action includes
31
(but is not limited to) the following:
32
(a) an appraisal of the employee's performance;
33
Eligibility for compensation and rehabilitation Schedule 1
Amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
9
(b) a counselling action (whether formal or informal) taken in
1
respect of the employee's employment;
2
(c) a suspension action in respect of the employee's
3
employment;
4
(d) a disciplinary action (whether formal or informal) taken in
5
respect of the employee's employment;
6
(e) anything done in connection with an action mentioned in
7
paragraph (a), (b), (c) or (d);
8
(f) anything done in connection with the employee's failure to
9
obtain a promotion, reclassification, transfer or benefit, or to
10
retain a benefit, in connection with his or her employment;
11
(g) an organisational or corporate restructure;
12
(h) a direction given for an operational purpose or purposes;
13
(i) anything done in connection with an action mentioned in
14
paragraph (g) or (h).
15
Designated injury--significant degree test
16
(3) For the purposes of paragraphs (1)(d) and (f), in determining
17
whether:
18
(a) a designated injury; or
19
(b) an aggravation of a designated injury;
20
was contributed to, to a significant degree, by an employee's
21
employment by the Commonwealth or a licensee, the following
22
matters may be taken into account:
23
(c) the duration of the employment;
24
(d) the nature of, and particular tasks involved in, the
25
employment;
26
(e) the state of the employee's physical and psychological health
27
before the designated injury or aggravation;
28
(f) any predisposition of the employee to the designated injury
29
or aggravation;
30
(g) the probability that, if the employee had not been employed
31
in the employment:
32
(i) the designated injury or aggravation; or
33
(ii) a similar designated injury or similar aggravation;
34
would have been suffered by the employee:
35
(iii) at or about the same time in the employee's life; or
36
Schedule 1 Eligibility for compensation and rehabilitation
Part 1 Amendments
10
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
(iv) at the same stage of the employee's life;
1
(h) any activities of the employee not related to the employment;
2
(i) if the designated injury or aggravation is, to a significant
3
degree, attributable to the employee's:
4
(i) belief about; or
5
(ii) interpretation of;
6
an incident or state of affairs--whether the employee had
7
reasonable grounds for the belief or interpretation, as the case
8
may be;
9
(j) any other matters affecting the employee's physical or
10
psychological health;
11
(k) any other relevant matters.
12
This subsection does not limit the matters that may be taken into
13
account.
14
10 After paragraph 5B(2)(b)
15
Insert:
16
(ba) the state of the employee's physical and psychological health
17
before the ailment or aggravation;
18
11 After paragraph 5B(2)(c)
19
Insert:
20
(ca) the probability that, if the employee had not been employed
21
in the employment:
22
(i) the ailment or aggravation; or
23
(ii) a similar ailment or similar aggravation;
24
would have been suffered by the employee:
25
(iii) at or about the same time in the employee's life; or
26
(iv) at the same stage of the employee's life;
27
12 After paragraph 5B(2)(d)
28
Insert:
29
(da) if the ailment or aggravation is, to a significant degree,
30
attributable to the employee's:
31
(i) belief about; or
32
(ii) interpretation of;
33
Eligibility for compensation and rehabilitation Schedule 1
Amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
11
an incident or state of affairs--whether the employee had
1
reasonable grounds for the belief or interpretation, as the case
2
may be;
3
13 Paragraph 5B(2)(e)
4
Repeal the paragraph, substitute:
5
(e) any other matters affecting the employee's physical or
6
psychological health;
7
(f) any other relevant matters.
8
14 Subsection 5B(3)
9
Repeal the subsection, substitute:
10
(3) If:
11
(a) a Compensation Standard is in force under section 7A in
12
relation to an ailment; and
13
(b) the Compensation Standard sets out matters that must be
14
taken into account for the purposes of the application of this
15
subsection to the ailment;
16
those matters must be taken into account in determining whether
17
the ailment was contributed to, to a significant degree, by the
18
employee's employment by the Commonwealth or a licensee.
19
(4) If:
20
(a) a Compensation Standard is in force under section 7A in
21
relation to an ailment; and
22
(b) the Compensation Standard sets out matters that must be
23
taken into account for the purposes of the application of this
24
subsection to an aggravation of the ailment;
25
those matters must be taken into account in determining whether an
26
aggravation of the ailment was contributed to, to a significant
27
degree, by the employee's employment by the Commonwealth or a
28
licensee.
29
(5) Subsections (3) and (4) have effect in addition to subsection (2).
30
15 After section 5B
31
Insert:
32
Schedule 1 Eligibility for compensation and rehabilitation
Part 1 Amendments
12
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
5C Definition of designated injury
1
(1) For the purposes of this Act, designated injury means:
2
(a) an injury to the heart; or
3
(b) an injury to a blood vessel that is associated with the heart; or
4
(c) an injury to the brain; or
5
(d) an injury to a blood vessel that is associated with the brain; or
6
(e) an injury to an intervertebral disc; or
7
(f) an injury that is associated with an intervertebral disc; or
8
(g) an injury prescribed by the regulations;
9
where:
10
(h) the injury is not a disease (within the meaning of section 5B);
11
and
12
(i) the injury consists of, is caused by, results from, or is
13
associated with, a pre-existing ailment.
14
(2) For the purposes of this Act, the relevant pre-existing ailment in
15
relation to:
16
(a) a designated injury; or
17
(b) an aggravation of a designated injury;
18
is the pre-existing ailment mentioned in paragraph (1)(i).
19
(3) For the purposes of subsection (1), injury has its ordinary meaning.
20
16 After section 7
21
Insert:
22
7A Compensation Standards relating to ailments
23
(1) Comcare may, by legislative instrument, determine a
24
Compensation Standard that:
25
(a) relates to a specified ailment; and
26
(b) sets out the factors that must, as a minimum, exist before it
27
can be said that an employee is suffering from the ailment.
28
(2) If a Compensation Standard is in force in relation to an ailment,
29
then, for the purposes of this Act, an employee is taken not to have
30
suffered, or be suffering, from the ailment unless the factors set out
31
Eligibility for compensation and rehabilitation Schedule 1
Amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
13
in the Compensation Standard existed, or exist, as the case
1
requires, for the employee.
2
(3) A Compensation Standard relating to an ailment may set out
3
matters that must be taken into account for the purposes of the
4
application of subsection 5B(3) to the ailment.
5
(4) A Compensation Standard relating to an ailment may set out
6
matters that must be taken into account for the purposes of the
7
application of subsection 5B(4) to an aggravation of the ailment.
8
Schedule 1 Eligibility for compensation and rehabilitation
Part 2 Application provisions
14
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
Part 2
--Application provisions
1
17 Application of amendments
2
The amendments made by this Schedule apply in relation to an injury
3
sustained by an employee after the commencement of this item.
4
Rehabilitation Schedule 2
General amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
15
Schedule 2
--Rehabilitation
1
Part 1
--General amendments
2
Military Rehabilitation and Compensation Act 2004
3
1 Subsection 41(1) (paragraph (a) of the definition of
4
approved program provider)
5
Omit "approved program provider", substitute "approved workplace
6
rehabilitation provider".
7
Safety, Rehabilitation and Compensation Act 1988
8
2 Subsection 4(1) (definition of approved program provider)
9
Repeal the definition.
10
3 Subsection 4(1)
11
Insert:
12
approved workplace rehabilitation provider means a person or
13
body approved under section 34F or 34H as a workplace
14
rehabilitation provider, and includes a person or body so approved
15
whose approval is renewed under section 34L.
16
4 Subsection 4(1)
17
Insert:
18
current employer of an employee means:
19
(a) if the employee is employed in an Entity--the principal
20
officer of the Entity; or
21
(b) if the employee is employed in a Commonwealth authority--
22
the principal officer of the Commonwealth authority; or
23
(c) if the employee is employed by a licensed corporation--the
24
principal officer of the corporation; or
25
(d) if the employee is employed by a corporation (within the
26
meaning of Part VIII) that is not a licensed corporation--the
27
principal executive officer of the corporation.
28
Schedule 2 Rehabilitation
Part 1 General amendments
16
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
employee's responsibilities under a workplace rehabilitation plan
1
has the meaning given by section 36A.
2
5 Subsection 4(1) (definition of exempt authority)
3
Omit "35", substitute "38A".
4
6 Subsection 4(1)
5
Insert:
6
formally notified of an injury has the meaning given by
7
subsection 36C(1).
8
liable employer has the meaning given by Division 2A of Part III.
9
7 Subsection 4(1) (definition of rehabilitation authority)
10
Repeal the definition.
11
8 Subsection 4(1) (definition of rehabilitation program)
12
Repeal the definition.
13
9 Subsection 4(1) (definition of suitable employment)
14
Repeal the definition, substitute:
15
suitable employment, in relation to an employee, means any
16
employment (including self-employment) for which the employee
17
is suited, having regard to:
18
(a) the employee's age, experience, training, language and other
19
skills; and
20
(b) the employee's suitability for rehabilitation or vocational
21
retraining; and
22
(c) if employment is available at a place that would require the
23
employee to change his or her place of residence--whether it
24
is reasonable to expect the employee to change his or her
25
place of residence; and
26
(d) any other relevant matters.
27
10 Subsection 4(1)
28
Insert:
29
Rehabilitation Schedule 2
General amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
17
workplace rehabilitation plan has the meaning given by
1
section 36.
2
work readiness assessment has the meaning given by section 38B.
3
11 Subparagraph 6(1)(f)(iii)
4
Repeal the subparagraph, substitute:
5
(iii) fulfilling the employee's responsibilities under a
6
workplace rehabilitation plan; or
7
12 Subparagraph 6(1)(f)(v)
8
Omit "or rehabilitation assessment".
9
13 At the end of paragraph 6(1)(f)
10
Add:
11
(vii) undergoing a work readiness assessment; or
12
14 Subparagraph 6(1)(g)(iii)
13
Repeal the subparagraph, substitute:
14
(iii) fulfilling the employee's responsibilities under a
15
workplace rehabilitation plan; or
16
15 Subparagraph 6(1)(g)(iv)
17
Omit "or rehabilitation assessment".
18
16 At the end of paragraph 6(1)(g)
19
Add:
20
(v) undergoing a work readiness assessment; or
21
17 Paragraph 19(4)(d)
22
Omit "completed a reasonable rehabilitation or vocational retraining
23
program", substitute "fulfil the employee's responsibilities under a
24
workplace rehabilitation plan".
25
18 Paragraph 19(4)(f)
26
Omit "undertake, or to complete, a rehabilitation or vocational
27
retraining program", substitute "fulfil the employee's responsibilities
28
under a workplace rehabilitation plan".
29
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19 Section 34 (definition of principal)
1
Omit "rehabilitation program provider", substitute "workplace
2
rehabilitation provider".
3
20 Division 2 of Part III (heading)
4
Repeal the heading, substitute:
5
Division 2--Workplace rehabilitation providers
6
21 Subsection 34A(1)
7
Omit "rehabilitation program provider", substitute "workplace
8
rehabilitation provider".
9
22 Paragraph 34A(2)(b)
10
Omit "rehabilitation program provider", substitute "workplace
11
rehabilitation provider".
12
23 Subsections 34A(3) to (6)
13
Omit "rehabilitation program provider", substitute "workplace
14
rehabilitation provider".
15
24 Paragraph 34A(7)(a)
16
Omit "rehabilitation program provider", substitute "workplace
17
rehabilitation provider".
18
25 Paragraph 34A(7)(b)
19
Repeal the paragraph, substitute:
20
(b) as an approved workplace rehabilitation provider.
21
26 Section 34B (heading)
22
Repeal the heading, substitute:
23
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34B Persons may seek approval as workplace rehabilitation
1
providers
2
27 Section 34B
3
Omit "rehabilitation program provider", substitute "workplace
4
rehabilitation provider".
5
28 Subsection 34C(1)
6
Omit "rehabilitation program provider", substitute "workplace
7
rehabilitation provider".
8
29 Section 34D (heading)
9
Repeal the heading, substitute:
10
34D Comcare to establish criteria for approval, or renewal of
11
approval, of persons as workplace rehabilitation
12
providers
13
30 Paragraph 34D(1)(a)
14
Omit "rehabilitation program providers", substitute "workplace
15
rehabilitation providers".
16
31 Section 34E (heading)
17
Repeal the heading, substitute:
18
34E Comcare to establish operational standards for workplace
19
rehabilitation providers
20
32 Subsection 34E(1)
21
Omit "rehabilitation program providers", substitute "workplace
22
rehabilitation providers".
23
33 Paragraphs 34E(2)(a) and (b)
24
Omit "rehabilitation program provider", substitute "workplace
25
rehabilitation provider".
26
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34 Subsection 34F(1)
1
Omit "rehabilitation program provider" (wherever occurring), substitute
2
"workplace rehabilitation provider".
3
35 Paragraph 34F(2)(a)
4
Omit "rehabilitation program provider", substitute "workplace
5
rehabilitation provider".
6
36 Section 34G
7
Omit "rehabilitation program provider" (wherever occurring), substitute
8
"workplace rehabilitation provider".
9
37 Section 34H (heading)
10
Repeal the heading, substitute:
11
34H Comcare may also approve persons as workplace rehabilitation
12
providers on its own initiative
13
38 Subsection 34H(1)
14
Omit "rehabilitation program provider", substitute "workplace
15
rehabilitation provider".
16
39 Paragraphs 34H(2)(a) and (b)
17
Omit "rehabilitation program provider", substitute "workplace
18
rehabilitation provider".
19
40 Subsection 34H(5)
20
Omit "rehabilitation program provider" (wherever occurring), substitute
21
"workplace rehabilitation provider".
22
41 Section 34J (heading)
23
Repeal the heading, substitute:
24
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34J Persons may seek renewal of approval as workplace
1
rehabilitation providers in certain circumstances
2
42 Subsection 34J(1)
3
Omit "rehabilitation program provider" (wherever occurring), substitute
4
"workplace rehabilitation provider".
5
43 Subsection 34K(1)
6
Omit "rehabilitation program provider", substitute "workplace
7
rehabilitation provider".
8
44 Paragraph 34L(1)(d)
9
Omit "rehabilitation program provider", substitute "workplace
10
rehabilitation provider".
11
45 Section 34M
12
Omit "an approved rehabilitation program provider", substitute "a
13
workplace rehabilitation provider".
14
46 Section 34P
15
Omit "rehabilitation program provider" (first occurring), substitute
16
"workplace rehabilitation provider".
17
47 Subparagraph 34P(b)(ii)
18
Omit "an approved rehabilitation program provider", substitute "a
19
workplace rehabilitation provider".
20
48 Section 34Q
21
Omit "rehabilitation program provider", substitute "workplace
22
rehabilitation provider".
23
49 Subsection 34R(1)
24
Omit "rehabilitation program provider" (wherever occurring), substitute
25
"workplace rehabilitation provider".
26
50 After Division 2 of Part III
27
Insert:
28
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Division 2A--Liable employers
1
35 Liable employer--basic rule
2
Liable employer for an injury (other than a disease, a designated
3
injury or an aggravation of a designated injury)
4
(1) For the purposes of this Act, if:
5
(a) an employee has suffered an injury resulting in an incapacity
6
for work or an impairment; and
7
(b) the injury is not a disease, a designated injury or an
8
aggravation of a designated injury;
9
the liable employer of the employee in relation to the injury means:
10
(c) if:
11
(i) the employee was employed by an Entity or a
12
Commonwealth authority when the injury occurred; and
13
(ii) the Entity or Commonwealth authority is not an exempt
14
authority;
15
the principal officer of the Entity or the principal officer of
16
the Commonwealth authority, as the case may be; or
17
(d) if the employee was employed by an exempt authority when
18
the injury occurred--Comcare; or
19
(e) if the employee was employed by a licensed authority when
20
the injury occurred--the principal officer of the authority; or
21
(f) if the employee was employed by a licensed corporation
22
when the injury occurred--the principal officer of the
23
corporation.
24
Note:
The liable employer has responsibility under this Part for the
25
rehabilitation of the employee.
26
Liable employer for a disease
27
(2) For the purposes of this Act, if:
28
(a) an employee has suffered an injury resulting in an incapacity
29
for work or an impairment; and
30
(b) the injury is a disease;
31
the liable employer of the employee in relation to the injury means:
32
(c) if:
33
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(i) the disease was contributed to, to a significant degree,
1
by the employee's employment by an Entity or
2
Commonwealth Authority; and
3
(ii) the Entity or Commonwealth authority is not an exempt
4
authority;
5
the principal officer of the Entity or the principal officer of
6
the Commonwealth authority, as the case may be; or
7
(d) if the disease was contributed to, to a significant degree, by
8
the employee's employment by an exempt authority--
9
Comcare; or
10
(e) if the disease was contributed to, to a significant degree, by
11
the employee's employment by a licensed authority--the
12
principal officer of the authority; or
13
(f) if the disease was contributed to, to a significant degree, by
14
the employee's employment by a licensed corporation--the
15
principal officer of the corporation.
16
Note:
The liable employer has responsibility under this Part for the
17
rehabilitation of the employee.
18
Liable employer for a designated injury
19
(3) For the purposes of this Act, if:
20
(a) an employee has suffered an injury resulting in an incapacity
21
for work or an impairment; and
22
(b) the injury is a designated injury covered by
23
paragraph 5A(1)(d);
24
the liable employer of the employee in relation to the injury means:
25
(c) if:
26
(i) the designated injury was contributed to, to a significant
27
degree, by the employee's employment by an Entity or
28
Commonwealth Authority; and
29
(ii) the Entity or Commonwealth authority is not an exempt
30
authority;
31
the principal officer of the Entity or the principal officer of
32
the Commonwealth authority, as the case may be; or
33
(d) if the designated injury was contributed to, to a significant
34
degree, by the employee's employment by an exempt
35
authority--Comcare; or
36
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(e) if the designated injury was contributed to, to a significant
1
degree, by the employee's employment by a licensed
2
authority--the principal officer of the authority; or
3
(f) if the designated injury was contributed to, to a significant
4
degree, by the employee's employment by a licensed
5
corporation--the principal officer of the corporation.
6
Note:
The liable employer has responsibility under this Part for the
7
rehabilitation of the employee.
8
(4) For the purposes of this Act, if:
9
(a) an employee has suffered an injury resulting in an incapacity
10
for work or an impairment; and
11
(b) the injury is a designated injury covered by
12
paragraph 5A(1)(e);
13
the liable employer of the employee in relation to the injury means:
14
(c) if:
15
(i) the relevant pre-existing ailment was contributed to, to a
16
significant degree, by the employee's employment by an
17
Entity or Commonwealth Authority; and
18
(ii) the Entity or Commonwealth authority is not an exempt
19
authority;
20
the principal officer of the Entity or the principal officer of
21
the Commonwealth authority, as the case may be; or
22
(d) if the relevant pre-existing ailment was contributed to, to a
23
significant degree, by the employee's employment by an
24
exempt authority--Comcare; or
25
(e) if the relevant pre-existing ailment was contributed to, to a
26
significant degree, by the employee's employment by a
27
licensed authority--the principal officer of the authority; or
28
(f) if the relevant pre-existing ailment was contributed to, to a
29
significant degree, by the employee's employment by a
30
licensed corporation--the principal officer of the corporation.
31
Note:
The liable employer has responsibility under this Part for the
32
rehabilitation of the employee.
33
Liable employer for an aggravation of a designated injury
34
(5) For the purposes of this Act, if:
35
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(a) an employee has suffered an injury resulting in an incapacity
1
for work or an impairment; and
2
(b) the injury is an aggravation of a designated injury covered by
3
paragraph 5A(1)(f);
4
the liable employer of the employee in relation to the injury means:
5
(c) if:
6
(i) the aggravation of the designated injury was contributed
7
to, to a significant degree, by the employee's
8
employment by an Entity or Commonwealth Authority;
9
and
10
(ii) the Entity or Commonwealth authority is not an exempt
11
authority;
12
the principal officer of the Entity or the principal officer of
13
the Commonwealth authority, as the case may be; or
14
(d) if the aggravation of the designated injury was contributed to,
15
to a significant degree, by the employee's employment by an
16
exempt authority--Comcare; or
17
(e) if the aggravation of the designated injury was contributed to,
18
to a significant degree, by the employee's employment by a
19
licensed authority--the principal officer of the authority; or
20
(f) if the aggravation of the designated injury was contributed to,
21
to a significant degree, by the employee's employment by a
22
licensed corporation--the principal officer of the corporation.
23
Note:
The liable employer has responsibility under this Part for the
24
rehabilitation of the employee.
25
(6) For the purposes of this Act, if:
26
(a) an employee has suffered an injury resulting in an incapacity
27
for work or an impairment; and
28
(b) the injury is an aggravation of a designated injury covered by
29
paragraph 5A(1)(g);
30
the liable employer of the employee in relation to the injury means:
31
(c) if:
32
(i) the relevant pre-existing ailment was contributed to, to a
33
significant degree, by the employee's employment by an
34
Entity or Commonwealth Authority; and
35
(ii) the Entity or Commonwealth authority is not an exempt
36
authority;
37
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the principal officer of the Entity or the principal officer of
1
the Commonwealth authority, as the case may be; or
2
(d) if the relevant pre-existing ailment was contributed to, to a
3
significant degree, by the employee's employment by an
4
exempt authority--Comcare; or
5
(e) if the relevant pre-existing ailment was contributed to, to a
6
significant degree, by the employee's employment by a
7
licensed authority--the principal officer of the authority; or
8
(f) if the relevant pre-existing ailment was contributed to, to a
9
significant degree, by the employee's employment by a
10
licensed corporation--the principal officer of the corporation.
11
Note:
The liable employer has responsibility under this Part for the
12
rehabilitation of the employee.
13
Two or more contributory employments
14
(7) For the purposes of subsections (2), (3), (4), (5) and (6), if:
15
(a) apart from this subsection, there are 2 or more contributory
16
employments for whichever of the following is applicable:
17
(i) the disease;
18
(ii) the designated injury;
19
(iii) the aggravation of the designated injury;
20
(iv) the relevant pre-existing ailment; and
21
(b) one of those contributory employments occurred more
22
recently than the remaining contributory employment or
23
contributory employments;
24
disregard the remaining contributory employment or contributory
25
employments.
26
(8) For the purposes of subsection (7), if:
27
(a) the disease; or
28
(b) the designated injury; or
29
(c) the aggravation of the designated injury; or
30
(d) the relevant pre-existing ailment;
31
was contributed to, to a significant degree, by:
32
(e) the employee's employment by an Entity; or
33
(f) the employee's employment by a Commonwealth authority;
34
or
35
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(g) the employee's employment by a licensed authority; or
1
(h) the employee's employment by a licensed corporation;
2
the employment is a contributory employment.
3
Other matters
4
(8) Subsections (1) to (6) have effect subject to sections 35A, 35B and
5
35C.
6
35A Liable employer ceases to exist
7
If:
8
(a) an employee has suffered an injury resulting in an incapacity
9
for work or an impairment; and
10
(b) apart from this section, the liable employer of the employee
11
in relation to the injury is the principal officer of a particular
12
Entity or Commonwealth authority; and
13
(c) the Entity or Commonwealth authority is not an exempt
14
authority; and
15
(d) the Entity or Commonwealth authority ceases to exist;
16
then:
17
(e) the liable employer of the employee in relation to the injury
18
is:
19
(i) Comcare; or
20
(ii) if another Entity or Commonwealth authority is
21
ascertained in accordance with the regulations--the
22
principal officer of that other Entity or Commonwealth
23
authority; and
24
(f) no other body or person is the liable employer of the
25
employee in relation to the injury.
26
Note:
A body or person who becomes the liable employer under this section
27
assumes responsibility under this Part for the rehabilitation of the
28
employee.
29
35B Liable employer ceases to perform a function
30
If:
31
(a) an employee has suffered an injury resulting in an incapacity
32
for work or an impairment; and
33
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(b) when the injury was sustained, the employee was employed
1
by an Entity or a Commonwealth authority for purposes
2
relating to the performance of a particular function by the
3
Entity or Commonwealth authority; and
4
(c) the Entity or Commonwealth authority is not an exempt
5
authority; and
6
(d) the Entity or Commonwealth authority ceases to perform that
7
function;
8
then:
9
(e) the liable employer of the employee in relation to the injury
10
is:
11
(i) Comcare; or
12
(ii) if another Entity or Commonwealth authority is
13
ascertained in accordance with the regulations--the
14
principal officer of that other Entity or Commonwealth
15
authority; and
16
(f) no other body or person is the liable employer of the
17
employee in relation to the injury.
18
Note:
A body or person who becomes the liable employer under this section
19
assumes responsibility under this Part for the rehabilitation of the
20
employee.
21
35C Deemed liable employer
22
(1) If an employee has suffered an injury resulting in an incapacity for
23
work or an impairment, Comcare may, by writing, determine that:
24
(a) the liable employer of the employee in relation to the injury
25
is the principal officer of a specified Entity or
26
Commonwealth authority; and
27
(b) no other body or person is the liable employer of the
28
employee in relation to the injury.
29
Note:
A body or person who becomes the liable employer under this section
30
assumes responsibility under this Part for the rehabilitation of the
31
employee.
32
(2) If Comcare makes a determination under subsection (1) that relates
33
to an employee, Comcare must give a copy of the determination to
34
the employee.
35
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(3) A determination under subsection (1) is not a legislative
1
instrument.
2
Revocation of determination
3
(4) If:
4
(a) an employee has suffered an injury resulting in an incapacity
5
for work or an impairment; and
6
(b) a determination is in force under subsection (1) in relation to
7
the injury;
8
Comcare may, by writing, revoke the determination.
9
(5) If, under subsection (4), Comcare revokes a determination that
10
relates to an employee, Comcare must give a copy of the
11
revocation to:
12
(a) the employee; and
13
(b) the person who, after the revocation, is the liable employer of
14
the employee in relation to the injury concerned.
15
35D Transitional--change of liable employer
16
(1) The regulations may make provision in relation to transitional
17
matters arising out of a change from a former liable employer to a
18
new liable employer that results from the operation of:
19
(a) section 35A; or
20
(b) section 35B; or
21
(c) section 35C.
22
(2) Regulations made for the purposes of subsection (1) may:
23
(a) provide that a specified thing done by, or in relation to, the
24
former liable employer before the change has effect, after the
25
change, as if it had been done by, or in relation to, the new
26
liable employer; or
27
(b) provide for the new liable employer to be substituted for the
28
former liable employer as a party in a specified proceeding
29
before a court or tribunal; or
30
(c) provide for specified records or documents to be transferred
31
to the new liable employer; or
32
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(d) provide that a reference in a specified instrument to the
1
former liable employer has effect after the change as if the
2
reference were a reference to the new liable employer.
3
(3) Subsection (2) does not limit subsection (1).
4
(4) For the purposes of subsection (2), instrument includes:
5
(a) a contract, deed, undertaking or agreement; and
6
(b) a notice, authority, order or instruction; and
7
(c) an instrument made under an Act or under regulations.
8
35E Delegation by liable employer
9
(1) A liable employer who is:
10
(a) the principal officer of an Entity; or
11
(b) the principal officer of a Commonwealth authority in respect
12
of which a licence is not in force under Part VIII; or
13
(c) the principal officer of a licensee;
14
may, by writing, delegate to an officer of, or a person employed by,
15
that Entity, authority or licensee any or all of the powers and
16
functions of the liable employer under:
17
(d) this Part; or
18
(e) a workplace rehabilitation plan.
19
(2) In performing functions or exercising powers under a delegation,
20
the delegate must comply with any directions of the liable
21
employer.
22
35F Deemed delegation by liable employer
23
Scope
24
(1) This section applies if:
25
(a) an employee has suffered an injury resulting in an incapacity
26
for work or an impairment; and
27
(b) Comcare is satisfied that the liable employer of the employee
28
in relation to the injury:
29
(i) has failed to fulfil the liable employer's obligations
30
under this Part in relation to the employee in an
31
adequate or timely manner; or
32
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(ii) has, to any extent, contravened the liable employer's
1
obligations under this Part in relation to the employee;
2
and
3
(c) Comcare is not the liable employer.
4
Delegation
5
(2) Comcare may, by writing, determine that the liable employer is
6
taken to have delegated to a specified member of the staff of
7
Comcare all of the functions and powers of the liable employer
8
under:
9
(a) sections 36D, 36E, 36F, 36G, 36H and 36J, so far as those
10
functions and powers relate to the employee; and
11
(b) a workplace rehabilitation plan for the employee.
12
(3) Comcare may, by writing, determine that the liable employer is
13
taken to have delegated to a specified member of the staff of
14
Comcare specified functions or powers, or both, of the liable
15
employer under either or both of the following:
16
(a) sections 36D, 36E, 36F, 36G, 36H and 36J, so far as those
17
functions and powers relate to the employee;
18
(b) a workplace rehabilitation plan for the employee.
19
35G Arrangements for the provision of rehabilitation services
20
A liable employer may enter into an arrangement with an approved
21
workplace rehabilitation provider for either or both of the
22
following:
23
(a) the provision of rehabilitation services;
24
(b) the carrying out of other activities to assist the liable
25
employer in performing the functions, or exercising the
26
powers, conferred on the liable employer by:
27
(i) this Part; or
28
(ii) a workplace rehabilitation plan.
29
35H Compensation for acquisition of property
30
(1) If the operation of:
31
(a) this Division; or
32
(b) regulations made for the purposes of this Division;
33
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would result in an acquisition of property (within the meaning of
1
paragraph 51(xxxi) of the Constitution) from a person otherwise
2
than on just terms (within the meaning of that paragraph), the
3
Commonwealth is liable to pay a reasonable amount of
4
compensation to the person.
5
(2) If the Commonwealth and the person do not agree on the amount
6
of the compensation, the person may institute proceedings in a
7
court of competent jurisdiction for the recovery from the
8
Commonwealth of such reasonable amount of compensation as the
9
court determines
10
Division 2B--Duties of liable employers
11
35J Liable employer's duty to take all reasonably practicable steps
12
to ensure rehabilitation of employee
13
(1) If:
14
(a) an employee suffers an injury resulting in an incapacity for
15
work or an impairment; and
16
(b) the liable employer has been formally notified of the injury;
17
the liable employer must take all reasonably practicable steps to
18
ensure the rehabilitation of the employee.
19
Note:
For an employee who does not have the potential to be in suitable
20
employment, the rehabilitation of the employee should be directed
21
towards maximising the employee's independent functioning.
22
(2) If the liable employer incurs reasonable costs in complying with
23
subsection (1) in relation to the employee, the costs may be
24
reimbursed by the relevant authority.
25
35K Liable employer's duty to provide suitable employment etc.
26
(1) If:
27
(a) an employee suffers an injury resulting in an incapacity for
28
work or an impairment; and
29
(b) the liable employer has been formally notified of the injury;
30
and
31
(c) the employee is not in suitable employment; and
32
(d) the employee has the potential to be in suitable employment;
33
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the liable employer must take all reasonably practicable steps to:
1
(e) provide the employee with suitable employment; or
2
(f) assist the employee to find such employment.
3
(2) If:
4
(a) an employee suffers an injury resulting in an incapacity for
5
work or an impairment; and
6
(b) the liable employer has been formally notified of the injury;
7
and
8
(c) the employee is in suitable employment;
9
the liable employer must take all reasonably practicable steps to
10
maintain the employee in suitable employment.
11
(3) In performing a duty imposed by subsection (1) or (2), the liable
12
employer must, as far as reasonably practicable, consult:
13
(a) the employee concerned; and
14
(b) if the liable employer is aware that the employee is receiving
15
medical treatment for the injury from, or under the
16
supervision of, a legally qualified medical practitioner--that
17
practitioner.
18
(4) If the liable employer consults a medical practitioner under
19
paragraph (3)(b), an amount may be paid to the practitioner, in
20
relation to the consultation, by the relevant authority.
21
(5) If the liable employer consults a medical practitioner under
22
paragraph (3)(b), the medical practitioner may give the liable
23
employer information about the employee that is relevant to the
24
consultation.
25
Potential to be in suitable employment
26
(6) For the purposes of subsection (1), the potential of an employee to
27
be in suitable employment is to be ascertained having regard to:
28
(a) the potential of the employee to be rehabilitated; and
29
(b) the potential of the employee to benefit from medical
30
treatment; and
31
(c) any other relevant matters.
32
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51 Division 3 of Part III (heading)
1
Repeal the heading, substitute:
2
Division 3--Workplace rehabilitation plans
3
52 Sections 35, 36 and 37
4
Repeal the sections, substitute:
5
36 Workplace rehabilitation plan
6
(1) For the purposes of this Act, a workplace rehabilitation plan for
7
an employee in relation to an injury means a plan that:
8
(a) concerns the rehabilitation of the employee; and
9
(b) if:
10
(i) the employee is not in suitable employment; and
11
(ii) the employee has the potential to be in suitable
12
employment;
13
is directed towards returning the employee to suitable
14
employment as soon as practicable; and
15
(c) if the employee is in suitable employment--is directed
16
towards maintaining the employee in suitable employment;
17
and
18
(d) if the employee does not have the potential to be in suitable
19
employment--is directed towards maximising the
20
employee's independent functioning.
21
Note:
Workplace rehabilitation plans are formulated by a liable employer
22
under section 36F.
23
(2) A workplace rehabilitation plan may make provision for any or all
24
of the following:
25
(a) initial rehabilitation assessment;
26
(b) functional assessment;
27
(c) workplace assessment;
28
(d) job analysis;
29
(e) advice about job modification;
30
(f) occupational rehabilitation counselling;
31
(g) vocational assessment;
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(h) job seeking;
1
(i) training in relation to job seeking;
2
(j) advice or assistance about job seeking;
3
(k) vocational education or training;
4
(l) advice or assistance about arranging vocational education or
5
training;
6
(m) participation in interviews (whether face-to-face or by
7
telephone);
8
(n) advice or assistance about planning for:
9
(i) the return to work of the employee; or
10
(ii) maintaining the employee in work;
11
(o) the provision of aids, appliances, apparatus or other material
12
that is necessary to facilitate:
13
(i) the return to work of the employee; or
14
(ii) maintaining the employee in work;
15
(p) modification of:
16
(i) a work station; or
17
(ii) equipment used by the employee;
18
where the modification is necessary to facilitate:
19
(iii) the return to work of the employee; or
20
(iv) maintaining the employee in work;
21
(q) a service prescribed by the regulations.
22
(3) Subsection (2) does not limit subsection (1).
23
(4) For the purposes of subsection (1), the potential of the employee to
24
be in suitable employment is to be ascertained having regard to:
25
(a) the potential of the employee to be rehabilitated; and
26
(b) the potential of the employee to benefit from medical
27
treatment; and
28
(c) any other relevant matters.
29
Plan is not a legislative instrument
30
(5) A workplace rehabilitation plan is not a legislative instrument.
31
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36A Employee's responsibilities under a workplace rehabilitation
1
plan
2
(1) A workplace rehabilitation plan for an employee may provide that
3
one or more specified activities are to be carried out by the
4
employee under the plan.
5
(2) The obligations imposed on the employee by the plan are to be
6
known as the employee's responsibilities under the plan.
7
36B Obligations of liable employer under a workplace rehabilitation
8
plan
9
(1) A workplace rehabilitation plan for an employee may provide that
10
one or more specified activities are to be carried out by the liable
11
employer under the plan.
12
(2) If a workplace rehabilitation plan is in force, a liable employer
13
must comply with the plan, to the extent that the plan imposes
14
obligations on the employer.
15
36C When liable employer is formally notified of an injury etc.
16
(1) For the purposes of this Act, if an employee suffers an injury
17
resulting in an incapacity for work or an impairment, the liable
18
employer is formally notified of the injury if, and only if:
19
(a) a notice of the injury, or a copy of such a notice, is given to
20
the liable employer under section 53; or
21
(b) a copy of a provisional medical expense payment request
22
relating to the injury is given to the liable employer under
23
section 52C; or
24
(c) a claim for compensation in respect of the injury, or a copy of
25
such a claim, is given to the liable employer under section 54.
26
Note:
Formal notification of the injury will result in the liable employer
27
assuming responsibility under this Part for the rehabilitation of the
28
employee.
29
(2) For the purposes of this Part, if:
30
(a) an employee believes on reasonable grounds that he or she
31
has suffered an injury (the alleged injury); and
32
(b) the alleged injury is not an injury; and
33
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(c) the employee purports to give notice of the alleged injury
1
under section 53; and
2
(d) the relevant authority has not determined a claim for
3
compensation in respect of the alleged injury;
4
then:
5
(e) until the relevant authority determines such a claim, the
6
alleged injury is taken to be an injury; and
7
(f) the notice is taken:
8
(i) to be a notice of the injury; and
9
(ii) to have been given under section 53.
10
36D Liable employer must consider the need for a workplace
11
rehabilitation plan
12
If:
13
(a) an employee suffers an injury resulting in an incapacity for
14
work or an impairment; and
15
(b) there is no workplace rehabilitation plan for the employee in
16
relation to the injury; and
17
(c) the liable employer has been formally notified of the injury;
18
the liable employer must consider:
19
(d) whether there should be a workplace rehabilitation plan for
20
the employee in relation to the injury; and
21
(e) if so, the content of the plan.
22
36E Employee may request workplace rehabilitation plan
23
(1) If:
24
(a) an employee suffers an injury resulting in an incapacity for
25
work or an impairment; and
26
(b) there is no workplace rehabilitation plan for the employee in
27
relation to the injury; and
28
(c) the liable employer has been formally notified of the injury;
29
the employee may, by written notice given to the liable employer,
30
request the liable employer to formulate a workplace rehabilitation
31
plan for the employee in relation to the injury.
32
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(2) The liable employer must consider a request made to the liable
1
employer under subsection (1).
2
(3) The liable employer must take reasonable steps to ensure that a
3
decision on the request is made within 7 working days after the
4
request was made.
5
36F Formulation of workplace rehabilitation plan
6
(1) If:
7
(a) an employee suffers an injury resulting in an incapacity for
8
work or an impairment; and
9
(b) the liable employer has been formally notified of the injury;
10
the liable employer may, by writing, formulate a workplace
11
rehabilitation plan for the employee in relation to the injury.
12
(2) The liable employer may formulate a workplace rehabilitation plan
13
for an employee even if the employee has not made a request under
14
section 36E.
15
(3) If:
16
(a) an employee suffers an injury resulting in an incapacity for
17
work or an impairment; and
18
(b) the liable employer has been formally notified of the injury;
19
the liable employer may decide not to formulate a workplace
20
rehabilitation plan for the employee in relation to the injury.
21
(4) If the liable employer decides not to formulate a workplace
22
rehabilitation plan for the employee in relation to the injury, the
23
liable employer must notify the employee in writing of that
24
decision.
25
36G Variation or revocation of workplace rehabilitation plan
26
If there is a workplace rehabilitation plan for an employee, the
27
liable employer may, by writing, vary or revoke the plan.
28
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36H Consultation about workplace rehabilitation plan
1
(1) Before a liable employer formulates, varies or revokes a workplace
2
rehabilitation plan for an employee in relation to an injury, the
3
liable employer must, as far as reasonably practicable, consult:
4
(a) the employee; and
5
(b) if the liable employer or provider is aware that the employee
6
is receiving medical treatment for the injury from, or under
7
the supervision of, a legally qualified medical practitioner--
8
that practitioner; and
9
(c) if the liable employer is not the current employer of the
10
employee--the current employer.
11
(2) The employee must participate in the consultation under
12
paragraph (1)(a).
13
(3) A failure to comply with subsection (2) does not affect the validity
14
of the formulation, variation or revocation, as the case may be, of
15
the workplace rehabilitation plan.
16
(4) If the liable employer consults a medical practitioner under
17
paragraph (1)(b), an amount may be paid to the practitioner, in
18
relation to the consultation, by the relevant authority.
19
(5) If the liable employer consults a medical practitioner under
20
paragraph (1)(b), the medical practitioner may give the liable
21
employer information about the employee that is relevant to the
22
consultation.
23
(6) If the liable employer consults the current employer under
24
paragraph (1)(c), the current employer may give the liable
25
employer information about the employee that is relevant to the
26
consultation.
27
36J Notification of workplace rehabilitation plan etc.
28
(1) If a liable employer formulates a workplace rehabilitation plan for
29
an employee, the liable employer must:
30
(a) give a copy of the plan to the employee; and
31
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(b) if the employee has responsibilities under the plan--inform
1
the employee that the employee has responsibilities under the
2
plan.
3
(2) If:
4
(a) a liable employer formulates a workplace rehabilitation plan
5
for an employee; and
6
(b) the liable employer is not the current employer of the
7
employee;
8
the liable employer must give a copy of the plan to the current
9
employer.
10
(3) If:
11
(a) a liable employer formulates a workplace rehabilitation plan
12
for an employee; and
13
(b) the liable employer is not the relevant authority;
14
the liable employer must give a copy of the plan to the relevant
15
authority.
16
Variation or revocation
17
(4) If a liable employer varies or revokes a workplace rehabilitation
18
plan for an employee, the liable employer must give a copy of the
19
variation or revocation to the employee.
20
(5) If:
21
(a) a liable employer varies or revokes a workplace rehabilitation
22
plan for an employee; and
23
(b) the liable employer is not the current employer of the
24
employee;
25
the liable employer must give a copy of the variation or revocation
26
to the current employer.
27
(6) If:
28
(a) a liable employer varies or revokes a workplace rehabilitation
29
plan for an employee; and
30
(b) the liable employer is not the relevant authority;
31
the liable employer must give a copy of the variation or revocation
32
to the relevant authority.
33
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36K Costs associated with workplace rehabilitation plan
1
(1) If there is a workplace rehabilitation plan for an employee in
2
relation to an injury, the cost of carrying out the plan must be paid
3
by the relevant authority.
4
(2) If:
5
(a) an employee suffers an injury resulting in an incapacity for
6
work or an impairment; and
7
(b) the liable employer has been formally notified of the injury;
8
and
9
(c) the liable employer incurs reasonable costs in performing the
10
functions, or exercising the powers, conferred on the liable
11
employer by section 36D, 36E, 36F, 36G, 36H or 36J in
12
relation to the employee;
13
the costs may be reimbursed by the relevant authority.
14
36L Current employer must facilitate workplace rehabilitation plan
15
If:
16
(a) there is a workplace rehabilitation plan for an employee in
17
relation to an injury; and
18
(b) the liable employer is not the current employer of the
19
employee;
20
then:
21
(c) the current employer must, as far as reasonably practicable,
22
cooperate with the liable employer in relation to the plan; and
23
(d) the current employer must, as far as reasonably practicable,
24
take all reasonable steps to allow the employee to fulfil the
25
employee's responsibilities under the plan.
26
36M Notification of circumstances that affect employee's ability to
27
carry out a job-seeking activity under a workplace
28
rehabilitation plan
29
If:
30
(a) there is a workplace rehabilitation plan for an employee; and
31
(b) the plan provides that one or more job-seeking activities are
32
to be carried out by the employee under the plan;
33
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the employee must:
1
(c) notify the liable employer, in writing, of any change to the
2
employee's circumstances that affects the employee's ability
3
to carry out those activities; and
4
(d) do so as soon as practicable, and in any event within 3
5
working days, after the employee becomes aware of the
6
change.
7
53 Section 38 (heading)
8
Repeal the heading, substitute:
9
38 Review of certain determinations
10
54 Before subsection 38(1)
11
Insert:
12
Review by Comcare
13
55 Subsection 38(1)
14
Omit "rehabilitation authority", substitute "liable employer".
15
56 Subsection 38(1)
16
After "relevant authority", insert "or the principal officer of a licensed
17
corporation".
18
57 Subsection 38(1)
19
Omit "36 or 37", substitute "36F or 36G".
20
58 Subsection 38(1)
21
Omit "authority shall", substitute "liable employer must".
22
59 Subsection 38(2)
23
Omit "36 or 37", substitute "36F or 36G".
24
60 Subsection 38(2)
25
Omit "rehabilitation authority", substitute "liable employer".
26
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61 Subsection 38(2)
1
After "relevant authority", insert "or the principal officer of a licensed
2
corporation".
3
62 At the end of section 38
4
Add:
5
Review by relevant authority
6
(5) If:
7
(a) the liable employer of an employee in relation to an injury is
8
the principal officer of a licensed corporation; and
9
(b) the liable employer makes a determination under section 36F
10
in relation to the employee;
11
the liable employer must:
12
(c) give the employee a written notice setting out:
13
(i) the terms of the determination; and
14
(ii) the reasons for the determination; and
15
(iii) a statement to the effect that the employee may, if
16
dissatisfied with the determination, request the relevant
17
authority for a review of the determination under this
18
section; and
19
(d) do so as soon as practicable after the liable employer makes
20
the determination.
21
(6) If:
22
(a) the liable employer of an employee in relation to an injury is
23
the principal officer of a licensed corporation; and
24
(b) the liable employer makes a determination under section 36F
25
in relation to the employee; and
26
(c) the employee has made a claim for compensation in relation
27
to the injury;
28
the employee may, by written notice given to the relevant
29
authority, request the relevant authority to review the
30
determination.
31
(7) A request must:
32
(a) set out the reasons for the request; and
33
(b) be given to the relevant authority:
34
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(i) within 30 days after the day on which the determination
1
first came to the notice of the employee; or
2
(ii) within such further period (if any) as the relevant
3
authority, either before or after the expiration of that
4
period, allows.
5
(8) After whichever is the later of the following:
6
(a) the receipt of a request to review a section 36F determination
7
in relation to the employee;
8
(b) the determination of the employee's claim for compensation
9
in relation to the injury;
10
the relevant authority:
11
(c) must review the section 36F determination; and
12
(d) may make a decision affirming or revoking the section 36F
13
determination or varying the section 36F determination in
14
such manner as the relevant authority thinks fit.
15
Definitions
16
(9) In this section:
17
decision has the same meaning as in the Administrative Appeals
18
Tribunal Act 1975.
19
determination means a determination, decision or requirement.
20
63 After section 38
21
Insert:
22
38A Exempt authorities
23
(1) The Minister may, by writing, declare that a specified Entity or a
24
specified Commonwealth authority is an exempt authority for the
25
purposes of this Act.
26
(2) A declaration under subsection (1) is not a legislative instrument.
27
64 Before section 39
28
Insert:
29
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Division 4--Work readiness assessment
1
38B Assessment of capacity to undertake suitable employment
2
(1) If an employee suffers an injury resulting in an incapacity for
3
work, the relevant authority may require the employee to undergo
4
an assessment of the employee's capacity to undertake suitable
5
employment.
6
(2) An assessment under subsection (1) is to be known as a work
7
readiness assessment.
8
(3) A work readiness assessment must be made by:
9
(a) a legally qualified medical practitioner nominated by the
10
relevant authority; or
11
(b) a suitably qualified person (other than a legally qualified
12
medical practitioner) nominated by the relevant authority; or
13
(c) a panel comprising of such legally qualified medical
14
practitioners or other suitably qualified persons (or both) as
15
are nominated by the relevant authority.
16
(4) The relevant authority may require the employee to undergo an
17
examination by the person or panel of persons making the
18
assessment.
19
(5) The examination is taken to be part of the assessment.
20
38C Report of work readiness assessment
21
(1) If an employee undergoes a work readiness assessment, the person
22
or persons who conducted the assessment must give a report of the
23
assessment to the relevant authority.
24
(2) A report of the work readiness assessment must be in accordance
25
with any rules in force under subsection (3).
26
(3) Comcare may, by legislative instrument, make rules for the
27
purposes of subsection (2).
28
(4) If:
29
(a) an employee undergoes a work readiness assessment in
30
compliance with a requirement of the relevant authority; and
31
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(b) the relevant authority is not the liable employer;
1
the relevant authority may give a copy of a report of the assessment
2
to the liable employer.
3
(5) If the liable employer receives a copy of the report of the
4
assessment, the liable employer may use the report for the purposes
5
of the exercise of the powers, or the performance of the functions,
6
of the liable employer under this Part.
7
38D Cost of carrying out work readiness assessment
8
(1) If a relevant authority requires an employee to undergo a work
9
readiness assessment, the relevant authority is liable to pay:
10
(a) the costs of conducting the assessment; and
11
(b) an amount equal to the amount of the expenditure reasonably
12
incurred by the employee:
13
(i) in making a necessary journey in connection with the
14
assessment; or
15
(ii) in remaining, for the purpose of the assessment, at a
16
place to which the employee has made a journey for that
17
purpose.
18
(2) The matters to which the relevant authority is to have regard in
19
deciding questions arising under paragraph (1)(b) include:
20
(a) the means of transport available to the employee for the
21
journey; and
22
(b) the route or routes by which the employee could have
23
travelled; and
24
(c) the accommodation available to the employee.
25
38E Relevant authority to comply with rules
26
(1) Comcare may, by legislative instrument, make rules to be complied
27
with by relevant authorities in relation to the performance of their
28
functions, or the exercise of their powers, under this Division.
29
(2) A relevant authority must comply with any rules in force under
30
subsection (1).
31
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Division 5--Miscellaneous
1
65 Paragraph 39(1)(b)
2
Repeal the paragraph, substitute:
3
(b) either:
4
(i) the employee is fulfilling, or has fulfilled, the
5
employee's responsibilities under a workplace
6
rehabilitation plan for the employee in relation to the
7
injury; or
8
(ii) the liable employer has refused to formulate a
9
workplace rehabilitation plan for the employee in
10
relation to the injury;
11
66 Subsection 39(1)
12
Omit "of the rehabilitation program", substitute "of the workplace
13
rehabilitation plan".
14
67 Sections 40, 41 and 41A
15
Repeal the sections.
16
68 At the end of Division 3 of Part III
17
Add:
18
41E Liable employers to comply with rules
19
(1) Comcare may, by legislative instrument, make rules to be complied
20
with by liable employers in relation to the performance of their
21
functions, or the exercise of their powers, under this Part.
22
(2) A liable employer must comply with any rules in force under
23
subsection (1).
24
69 Part V (heading)
25
Repeal the heading, substitute:
26
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Part V--Claims for compensation etc.
1
70 Subsection 53(1)
2
After "relevant authority", insert "or the liable employer".
3
71 After subsection 53(2)
4
Insert:
5
(2A) If:
6
(a) notice under subsection (1) is given to a relevant authority in
7
relation to an employee; and
8
(b) the relevant authority is not the liable employer;
9
the relevant authority:
10
(c) must:
11
(i) inform the liable employer of the contents of the notice;
12
and
13
(ii) do so within 3 working days after receiving the notice;
14
and
15
(d) may give the liable employer information about the employee
16
that is relevant to the injury.
17
(2B) If:
18
(a) notice under subsection (1) is given to the liable employer in
19
relation to an employee; and
20
(b) the liable employer is not the relevant authority;
21
the liable employer:
22
(c) must:
23
(i) inform the relevant authority of the contents of the
24
notice; and
25
(ii) do so within 3 working days after receiving the notice;
26
and
27
(d) may give the relevant authority information about the
28
employee that is relevant to the injury.
29
(2C) If a provisional medical expense payment request is given to a
30
relevant authority by or on behalf of an employee, in relation to an
31
injury suffered by the employee, this Act has effect as if the
32
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request were a notice of the injury given to the relevant authority
1
by the employee under subsection (1).
2
72 At the end of paragraph 53(3)(a)
3
Add "and".
4
73 At the end of section 53
5
Add:
6
(4) If:
7
(a) a notice purporting to be a notice referred to in subsection (1)
8
has been given to the liable employer; and
9
(b) the notice, as regards the time of giving the notice or
10
otherwise, failed to comply with the requirements of this
11
section; and
12
(c) either:
13
(i) the liable employer would not, by reason of the failure,
14
be prejudiced if the notice were treated as a sufficient
15
notice; or
16
(ii) the failure resulted from the death, or absence from
17
Australia, of a person, from ignorance, from a mistake
18
or from any other reasonable cause;
19
the notice is to be taken to have been given under subsection (1).
20
74 After subsection 54(4)
21
Insert:
22
(4A) If:
23
(a) a claim is given to a relevant authority in relation to an
24
employee; and
25
(b) the relevant authority is not the liable employer;
26
the relevant authority:
27
(c) must give a copy of the claim to the liable employer; and
28
(d) may give the liable employer information about the employee
29
that is relevant to the claim.
30
75 Subsection 57(1)
31
Repeal the subsection, substitute:
32
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(1) If:
1
(a) a notice has been given to a relevant authority under
2
section 53 in relation to an employee; or
3
(b) an employee has made a claim for compensation under
4
section 54; or
5
(c) one or more payments of compensation are being made to an
6
employee under this Act by a relevant authority;
7
the relevant authority may require the employee to undergo an
8
examination by:
9
(d) a legally qualified medical practitioner nominated by the
10
relevant authority; or
11
(e) a suitably qualified person (other than a medical practitioner)
12
nominated by the relevant authority; or
13
(f) a panel comprising such legally qualified medical
14
practitioners or other suitably qualified persons (or both) as
15
are nominated by the relevant authority.
16
76 At the end of section 57
17
Add:
18
(7) The relevant authority may require an employee to undergo an
19
examination under this section in order to assist the liable employer
20
to make a decision about the formulation, variation or revocation
21
of a workplace rehabilitation plan for the employee.
22
(8) Subsection (7) does not limit the circumstances in which the
23
relevant authority may require an examination.
24
77 After section 57
25
Insert:
26
57A Report of medical examination etc.
27
(1) If an employee undergoes a medical examination under section 57
28
in compliance with a requirement by a relevant authority, the
29
person or persons who conducted the examination must give a
30
report of the examination to the relevant authority.
31
(2) If:
32
Rehabilitation Schedule 2
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Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
51
(a) an employee undergoes an examination under section 57 in
1
compliance with a requirement of a relevant authority; and
2
(b) the relevant authority is not the liable employer;
3
the relevant authority may give a copy of a report of the
4
examination to the liable employer.
5
(3) If the liable employer receives a copy of the report of the
6
examination, the liable employer may use the report for the
7
purposes of the exercise of the powers, or the performance of the
8
functions, of the liable employer under Part III.
9
78 Subsection 60(1) (definition of determination)
10
After "means", insert "(subject to subsections (5), (6) and (7))".
11
79 Subsection 60(1) (definition of determination)
12
Omit "36, 37", substitute "36F, 36G".
13
80 Subsection 60(1) (definition of reviewable decision)
14
After "38(4)", insert "or (8)".
15
81 At the end of section 60
16
Add:
17
(5) If a liable employer makes a decision under section 36F to
18
formulate a workplace rehabilitation plan for an employee, that
19
decision is taken not to be a determination for the purposes of this
20
Part to the extent to which the provisions of the plan are authorised
21
by section 36A or 36B.
22
(6) If:
23
(a) a liable employer makes a decision under section 36G to vary
24
a provision of a workplace rehabilitation plan for an
25
employee; and
26
(b) the varied provision is authorised by section 36A or 36B;
27
that decision is taken not to be a determination for the purposes of
28
this Part.
29
(7) If:
30
(a) a liable employer makes a decision under section 36G to vary
31
a workplace rehabilitation plan for an employee; and
32
Schedule 2 Rehabilitation
Part 1 General amendments
52
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
(b) the employee has consented to the variation;
1
that decision is taken not to be a determination for the purposes of
2
this Part.
3
82 Paragraph 69(b)
4
Repeal the paragraph.
5
83 Paragraph 69(f)
6
Repeal the paragraph, substitute:
7
(f) to take steps directed towards ensuring that each liable
8
employer is complying with the liable employer's obligations
9
under Part III;
10
84 Before section 71
11
Insert:
12
70D Comcare Incentive Scheme for Employers
13
(1) Comcare may, by legislative instrument, formulate a scheme that
14
authorises Comcare to make payments to employers as an
15
incentive to provide suitable employment for employees who:
16
(a) have suffered an injury; and
17
(b) are unemployed; and
18
(c) are seeking paid work.
19
(2) The scheme is to be known as the Comcare Incentive Scheme for
20
Employers.
21
(3) An employer covered by the scheme may be:
22
(a) a Commonwealth authority; or
23
(b) an Entity; or
24
(c) a licensed corporation; or
25
(d) any other employer.
26
(4) For the purposes of paragraph 69(ef), a function conferred on
27
Comcare by the scheme is taken to be a function under this Act.
28
85 Before section 122
29
Insert:
30
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Comcare Scheme) Bill 2015
53
121C Variation or revocation of instruments
1
A provision of this Act that deals with the variation or revocation
2
of an instrument does not, by implication, prevent the application
3
of subsection 33(3) of the Acts Interpretation Act 1901 to another
4
instrument under this Act.
5
Seafarers Rehabilitation and Compensation Act 1992
6
86 Section 48 (definition of approved program provider)
7
Repeal the definition, substitute:
8
approved program provider means an approved workplace
9
rehabilitation provider within the meaning of the Safety,
10
Rehabilitation and Compensation Act 1988.
11
Schedule 2 Rehabilitation
Part 2 Amendments contingent on the commencement of Schedule 2 to the Safety,
Rehabilitation and Compensation Legislation Amendment Act 2015
54
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
Part 2
--Amendments contingent on the
1
commencement of Schedule 2 to the Safety,
2
Rehabilitation and Compensation
3
Legislation Amendment Act 2015
4
Safety, Rehabilitation and Compensation Act 1988
5
87 After subsection 35E(1)
6
Insert:
7
(1A) If:
8
(a) a liable employer is the principal officer of a licensed
9
corporation; and
10
(b) the corporation is covered by a group employer licence;
11
the liable employer may, in writing, delegate to an officer of, or a
12
person employed by, any other corporation covered by the licence
13
all or any of the powers and functions of the liable employer under:
14
(c) this Part; or
15
(d) a workplace rehabilitation plan.
16
Rehabilitation Schedule 2
Amendments contingent on the commencement of Part 1 of Schedule 1 to the Safety,
Rehabilitation and Compensation Legislation Amendment (Exit Arrangements) Act
2015 Part 3
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
55
Part 3
--Amendments contingent on the
1
commencement of Part 1 of Schedule 1 to
2
the Safety, Rehabilitation and Compensation
3
Legislation Amendment (Exit Arrangements)
4
Act 2015
5
Safety, Rehabilitation and Compensation Act 1988
6
88 Subsection 4(1) (at the end of the definition of liable
7
employer)
8
Add "and sections 41B, 41C and 41D".
9
89 At the end of paragraph 35A(d)
10
Add "and".
11
90 After paragraph 35A(d)
12
Insert:
13
(da) section 41C does not apply to the cessation;
14
91 After paragraph 35H(1)(a)
15
Insert:
16
(aa) section 41B; or
17
(ab) section 41C; or
18
(ac) section 41D; or
19
92 Section 41B
20
Before "If:" insert "(1)".
21
93 Section 41B
22
Omit "then:", substitute "the following provisions have effect:".
23
94 Paragraphs 41B(d) and (e)
24
Repeal the paragraphs, substitute:
25
Schedule 2 Rehabilitation
Part 3 Amendments contingent on the commencement of Part 1 of Schedule 1 to the
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Act 2015
56
Safety, Rehabilitation and Compensation Amendment (Improving the
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No. , 2015
(d) if the cessation time occurred at or after the commencement
1
of Part 1 of Schedule 2 to the Safety, Rehabilitation and
2
Compensation Amendment (Improving the Comcare Scheme)
3
Act 2015--after the cessation time, the principal officer of
4
the body corporate is the liable employer of the employee in
5
relation to the injury;
6
(e) if the cessation time occurred:
7
(i) after the commencement of this section; and
8
(ii) before the commencement of Part 1 of Schedule 2 to the
9
Safety, Rehabilitation and Compensation Amendment
10
(Improving the Comcare Scheme) Act 2015;
11
after the commencement of that Part, the principal officer of
12
the body corporate is the liable employer of the employee in
13
relation to the injury.
14
95 At the end of section 41B
15
Add:
16
(2) For the purposes of this section, the principal officer of a body
17
corporate is the principal executive officer of the body corporate.
18
96 Subsection 41C(1)
19
Omit "then:", substitute "the following provisions have effect:".
20
97 Paragraphs 41C(1)(e) and (f)
21
Repeal the paragraphs, substitute:
22
(e) if the cessation time occurred at or after the commencement
23
of Part 1 of Schedule 2 to the Safety, Rehabilitation and
24
Compensation Amendment (Improving the Comcare Scheme)
25
Act 2015--after the cessation time, the principal officer of
26
the successor is the liable employer of the employee in
27
relation to the injury;
28
(f) if the cessation time occurred:
29
(i) after the commencement of this section; and
30
(ii) before the commencement of Part 1 of Schedule 2 to the
31
Safety, Rehabilitation and Compensation Amendment
32
(Improving the Comcare Scheme) Act 2015;
33
Rehabilitation Schedule 2
Amendments contingent on the commencement of Part 1 of Schedule 1 to the Safety,
Rehabilitation and Compensation Legislation Amendment (Exit Arrangements) Act
2015 Part 3
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
57
after the commencement of that Part, the principal officer of
1
the successor is the liable employer of the employee in
2
relation to the injury.
3
98 Subsection 41C(2)
4
Omit "then:", substitute "the following provisions have effect:".
5
99 Paragraphs 41C(2)(f) and (g)
6
Repeal the paragraphs, substitute:
7
(f) if the cessation time occurred at or after the commencement
8
of Part 1 of Schedule 2 to the Safety, Rehabilitation and
9
Compensation Amendment (Improving the Comcare Scheme)
10
Act 2015--after the cessation time, the principal officer of
11
the successor is the liable employer of the employee in
12
relation to the injury;
13
(g) if the cessation time occurred:
14
(i) after the commencement of this section; and
15
(ii) before the commencement of Part 1 of Schedule 2 to the
16
Safety, Rehabilitation and Compensation Amendment
17
(Improving the Comcare Scheme) Act 2015;
18
after the commencement of that Part, the principal officer of
19
the successor is the liable employer of the employee in
20
relation to the injury.
21
100 At the end of section 41C
22
Add:
23
(3) For the purposes of this section, the principal officer of a body
24
corporate (other than a Commonwealth authority or a licensed
25
corporation) is the principal executive officer of the body
26
corporate.
27
101 Section 41D
28
Omit "then:", substitute "the following provisions have effect:".
29
102 Paragraphs 41D(c) and (d)
30
Repeal the paragraphs, substitute:
31
Schedule 2 Rehabilitation
Part 3 Amendments contingent on the commencement of Part 1 of Schedule 1 to the
Safety, Rehabilitation and Compensation Legislation Amendment (Exit Arrangements)
Act 2015
58
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
(c) if the cessation time occurred at or after the commencement
1
of Part 1 of Schedule 2 to the Safety, Rehabilitation and
2
Compensation Amendment (Improving the Comcare Scheme)
3
Act 2015--after the cessation time, the principal officer of
4
the Australian Capital Territory is the liable employer of the
5
employee in relation to the injury;
6
(d) if the cessation time occurred:
7
(i) after the commencement of this section; and
8
(ii) before the commencement of Part 1 of Schedule 2 to the
9
Safety, Rehabilitation and Compensation Amendment
10
(Improving the Comcare Scheme) Act 2015;
11
after the commencement of that Part, the principal officer of
12
the Australian Capital Territory is the liable employer of the
13
employee in relation to the injury.
14
Rehabilitation Schedule 2
Application and transitional provisions Part 4
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
59
Part 4
--Application and transitional provisions
1
103 Application of amendments
2
The amendments made by Part 1 of this Schedule, so far as they relate
3
to an injury sustained by an employee, apply in relation to an injury
4
sustained before, at or after the commencement of this item.
5
104 Transitional
--formal notification of an injury
6
If notice of an injury was given, or purportedly given, under section 53
7
of the Safety, Rehabilitation and Compensation Act 1988 before the
8
commencement of this item, section 36C of that Act (as amended by
9
this Schedule) has effect as if a copy of the notice had been given, or
10
purportedly given, to the liable employer under section 53 of that Act
11
immediately after the commencement of this item.
12
105 Transitional
--rehabilitation programs
13
(1)
This item applies if:
14
(a) an employee has suffered an injury resulting in an incapacity
15
for work or an impairment; and
16
(b) before the commencement of this item:
17
(i) a rehabilitation authority made a determination under
18
subsection 37(1) of the Safety, Rehabilitation and
19
Compensation Act 1988 that the employee should
20
undertake a rehabilitation program; and
21
(ii) a rehabilitation program began to be provided for the
22
employee; and
23
(c) the rehabilitation program was in force immediately before
24
the commencement of this item.
25
(2)
The rehabilitation program does not lapse because of the repeal of
26
section 37 of that Act by this Schedule, but continues in force after the
27
commencement of this item, as if:
28
(a) it were a workplace rehabilitation plan; and
29
(b) that workplace rehabilitation plan had been formulated under
30
section 36F of that Act (as amended by this Schedule); and
31
Schedule 2 Rehabilitation
Part 4 Application and transitional provisions
60
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
(c) the requirements of section 36H and subsections 36J(1) and
1
(2) of that Act (as amended by this Schedule) had been met
2
in relation to that workplace rehabilitation plan.
3
(3)
That workplace rehabilitation plan may be varied or revoked under
4
section 36G of that Act (as amended by this Schedule).
5
106 Transitional
--approval of a person or body as a
6
workplace rehabilitation provider
7
(1)
This item applies to an approval of a person or body as a rehabilitation
8
program provider if the approval was in force under section 34F or 34H
9
of the Safety, Rehabilitation and Compensation Act 1988 immediately
10
before the commencement of this item.
11
(2)
The approval has effect, after the commencement of this item, as if it
12
were an approval of the person or body as a workplace rehabilitation
13
provider under section 34F or 34H, as the case may be, of the Safety,
14
Rehabilitation and Compensation Act 1988 as amended by this
15
Schedule.
16
107 Transitional
--renewal of approval of a person or body as
17
a workplace rehabilitation provider
18
(1)
This item applies to the renewal of the approval of a person or body as a
19
rehabilitation program provider if the renewal was in force under
20
section 34L of the Safety, Rehabilitation and Compensation Act 1988
21
immediately before the commencement of this item.
22
(2)
The renewal has effect, after the commencement of this item, as if it
23
were the renewal of the approval of the person or body as a workplace
24
rehabilitation provider under section 34L of the Safety, Rehabilitation
25
and Compensation Act 1988 as amended by this Schedule.
26
108 Transitional
--exempt authority
27
(1)
This item applies to a declaration of an Entity or a Commonwealth
28
authority as an exempt authority if the declaration was in force under
29
section 35 of the Safety, Rehabilitation and Compensation Act 1988
30
immediately before the commencement of this item.
31
Rehabilitation Schedule 2
Application and transitional provisions Part 4
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Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
61
(2)
The declaration has effect, after the commencement of this item, as if it
1
were a declaration of the Entity or Commonwealth authority as an
2
exempt authority under section 38A of the Safety, Rehabilitation and
3
Compensation Act 1988 as amended by this Schedule.
4
109 Transitional
--medical examination
5
Despite the repeal of subsection 57(1) of the Safety, Rehabilitation and
6
Compensation Act 1988 by this Schedule, that subsection continues to
7
apply, in relation to a requirement given before the commencement of
8
this item, as if the repeal had not happened.
9
110 Transitional rules
10
(1) The Minister may, by legislative instrument, make rules
11
(transitional rules) prescribing matters of a transitional nature
12
(including prescribing any saving or application provisions)
13
relating to the amendments or repeals made by Part 1 of this
14
Schedule.
15
(2) To avoid doubt, the transitional rules may not do the following:
16
(a) create an offence or civil penalty;
17
(b) provide powers of:
18
(i) arrest or detention; or
19
(ii) entry, search or seizure;
20
(c) impose a tax;
21
(d) set an amount to be appropriated from the Consolidated
22
Revenue Fund under an appropriation in this Act;
23
(e) amend this Act.
24
Schedule 3 Scheme integrity
Part 1 General amendments
62
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
Schedule 3
--Scheme integrity
1
Part 1
--General amendments
2
Administrative Decisions (Judicial Review) Act 1977
3
1 After paragraph (hf) of Schedule 1
4
Insert:
5
(hg) decisions under section 70C of the Safety, Rehabilitation and
6
Compensation Act 1988;
7
Safety, Rehabilitation and Compensation Act 1988
8
2 Subsections 4(10) and (10A)
9
After "VIII", insert "or section 114".
10
3 After section 50
11
Insert:
12
50A Indemnification by third parties
13
Scope
14
(1) This section applies if:
15
(a) compensation is payable under this Act in respect of:
16
(i) an injury to an employee; or
17
(ii) the loss of, or damage to, property used by an employee;
18
and
19
(b) the injury, loss or damage occurred in circumstances that
20
create a legal liability in a person (the third party), or in 2 or
21
more persons (the third parties), to pay:
22
(i) damages; or
23
(ii) State compensation;
24
to the employee, or a dependant of the employee, in respect
25
of the injury, loss or damage; and
26
(c) the liability has not been discharged; and
27
(d) in the case of a third party--the third party is not:
28
Scheme integrity Schedule 3
General amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
63
(i) the Commonwealth; or
1
(ii) a Commonwealth authority; or
2
(iii) a licensed corporation; or
3
(iv) another employee; and
4
(e) in the case of third parties--none of the third parties is:
5
(i) the Commonwealth; or
6
(ii) a Commonwealth authority; or
7
(iii) a licensed corporation; or
8
(iv) another employee.
9
Indemnity
10
(2) If the relevant authority has paid compensation under this Act in
11
respect of the injury, loss or damage:
12
(a) the relevant authority is entitled to be indemnified by the
13
third party or third parties; and
14
(b) if subparagraph (1)(b)(i) applies--that indemnity is limited to
15
the lesser of:
16
(i) those damages; or
17
(ii) the amount that would be payable by the employee or
18
the dependant, as the case may be, under section 48 or
19
49 if the damages had been paid to the employee or the
20
dependant, as the case may be; and
21
(c) if subparagraph (1)(b)(ii) applies--that indemnity is limited
22
to the lesser of:
23
(i) the State compensation; or
24
(ii) the amount that would be payable by the employee or
25
the dependant, as the case may be, under section 119 if
26
the State compensation had been paid to the employee
27
or the dependant, as the case may be; and
28
(d) an amount payable under the indemnity may be recovered by
29
the relevant authority, as a debt due to the relevant authority,
30
by action in a court of competent jurisdiction.
31
(3) If:
32
(a) a payment is made under the indemnity; and
33
(b) at the time of the payment, the employee or the dependant, as
34
the case may be, has not obtained judgment or an award for:
35
Schedule 3 Scheme integrity
Part 1 General amendments
64
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
(i) damages; or
1
(ii) State compensation;
2
as the case may be, against the third party or third parties;
3
the payment is, to the extent of the amount of the payment, a
4
discharge of the liability of the third party or third parties to pay:
5
(c) damages; or
6
(d) State compensation;
7
as the case may be, to the employee or the dependant, as the case
8
may be, in respect of the injury, loss or damage.
9
(4) If:
10
(a) a payment is made under the indemnity; and
11
(b) at the time of the payment, the employee or the dependant, as
12
the case may be, has obtained judgment or an award for:
13
(i) damages; or
14
(ii) State compensation;
15
as the case may be, against the third party or third parties;
16
and
17
(c) at the time of the payment, the judgment or award has not
18
been satisfied;
19
the payment, to the extent of the amount of the payment, satisfies
20
the judgment or award.
21
(5) If:
22
(a) a payment is made under the indemnity; and
23
(b) at the time of the payment, the employee or the dependant, as
24
the case may be, had a liability to Comcare under section 48,
25
49 or 119 in respect of the injury, loss or damage;
26
the payment, to the extent of the amount of the payment, satisfies
27
that liability.
28
Recovery provisions
29
(6) This section has effect subject to sections 48, 49 and 119.
30
Constitutional limits
31
(7) This section has no effect to the extent (if any) to which it imposes
32
taxation.
33
Scheme integrity Schedule 3
General amendments Part 1
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Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
65
(8) This section has no effect to the extent (if any) to which its
1
operation would result in an acquisition of property (within the
2
meaning of paragraph 51(xxxi) of the Constitution) otherwise than
3
on just terms (within the meaning of that paragraph).
4
Definitions
5
(9) In this section:
6
award means an award, determination, order or agreement by
7
which provision is made for, or in relation to, the grant of any
8
benefits to, or in relation to, persons or their dependants in respect
9
of:
10
(a) injury; or
11
(b) the loss of, or damage to, property;
12
where the award, determination or order was made, or the
13
agreement was entered into, under a specified law (within the
14
meaning of section 119).
15
State compensation has the same meaning as in section 119.
16
4 Section 51
17
Repeal the section.
18
5 At the end of section 54
19
Add:
20
(6) If:
21
(a) an employee gives a claim to the Entity or Commonwealth
22
authority (other than a licensed authority) in which the
23
employee was employed at the time when the relevant injury
24
or accident occurred; and
25
(b) the employee does so on the understanding that the Entity or
26
authority will, on behalf of the employee, give the claim to
27
the relevant authority;
28
the principal officer of the Entity or authority must ensure that the
29
claim is given to the relevant authority within 3 working days after
30
the day on which the claim was received.
31
Schedule 3 Scheme integrity
Part 1 General amendments
66
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
6 Section 58
1
Repeal the section, substitute:
2
58 Relevant authority may obtain information or documents from
3
claimant
4
(1) If:
5
(a) a relevant authority has received a claim; and
6
(b) the relevant authority is satisfied that the claimant:
7
(i) has information or a document that is relevant to the
8
claim; or
9
(ii) may obtain such information or a copy of such a
10
document without unreasonable expense or
11
inconvenience;
12
the relevant authority may, by written notice given to the claimant,
13
require the claimant to:
14
(c) give that information or a copy of that document to the
15
relevant authority; and
16
(d) do so within:
17
(i) the period specified in the notice; or
18
(ii) such further period (if any) as the relevant authority, at
19
the request of the claimant, allows.
20
(2) A period specified under subsection (1) must not be shorter than 14
21
days after the notice is given.
22
Refusal or failure to comply with notice
23
(3) If a claimant refuses or fails, without reasonable excuse, to comply
24
with a notice under subsection (1), the relevant authority may
25
refuse to deal with the claim until the claimant gives the relevant
26
authority the information, or a copy of the document, specified in
27
the notice.
28
58A Relevant authority may obtain information or documents from
29
third party
30
(1) If:
31
(a) a relevant authority has received a claim; and
32
Scheme integrity Schedule 3
General amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
67
(b) the relevant authority is satisfied that a person (other than the
1
claimant):
2
(i) has information or a document that is relevant to the
3
claim; or
4
(ii) may obtain such information or a copy of such a
5
document without unreasonable expense or
6
inconvenience;
7
the relevant authority may, by written notice given to the person,
8
request the person to:
9
(c) give that information or a copy of that document to the
10
relevant authority; and
11
(d) do so within:
12
(i) the period specified in the notice; or
13
(ii) such further period (if any) as the relevant authority, at
14
the request of the person, allows.
15
(2) A period specified under subsection (1) must not be shorter than 14
16
days after the notice is given.
17
(3) A person may comply with a notice under subsection (1).
18
(4) If a person complies with a notice given by a relevant authority
19
under subsection (1), an amount may be paid to the person, in
20
relation to compliance with the notice, by the relevant authority.
21
7 Subsection 60(1) (at the end of the definition of reviewable
22
decision)
23
Add:
24
Note:
See also subsection 64(2).
25
8 Subsection 61(1A)
26
Repeal the subsection, substitute:
27
(1A) If a claim for compensation under this Act relates to an injury that
28
is not:
29
(a) a disease; or
30
(b) a designated injury; or
31
(c) an aggravation of a designated injury;
32
Schedule 3 Scheme integrity
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the determining authority must consider and determine the claim,
1
to the extent that the claim relates to liability under section 14,
2
within the 30-day period that began when the claim was received.
3
(1B) If:
4
(a) a determining authority receives a claim for compensation
5
under this Act; and
6
(b) the claim relates to an injury that is not:
7
(i) a disease; or
8
(ii) a designated injury; or
9
(iii) an aggravation of a designated injury; and
10
(c) the determining authority has not determined the claim, to the
11
extent that the claim relates to liability under section 14,
12
within the 30-day period that began when the claim was
13
received;
14
the determining authority is taken:
15
(d) to have made a determination that compensation is not
16
payable under section 14; and
17
(e) to have done so at the end of that 30-day period.
18
(1C) If a claim for compensation under this Act relates to an injury that
19
is:
20
(a) a disease; or
21
(b) a designated injury; or
22
(c) an aggravation of a designated injury;
23
the determining authority must consider and determine the claim,
24
to the extent that the claim relates to liability under section 14,
25
within the 70-day period that began when the claim was received.
26
(1D) If:
27
(a) a determining authority receives a claim for compensation
28
under this Act; and
29
(b) the claim relates to an injury that is:
30
(i) a disease; or
31
(ii) a designated injury; or
32
(iii) an aggravation of a designated injury; and
33
(c) the determining authority has not determined the claim, to the
34
extent that the claim relates to liability under section 14,
35
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69
within the 70-day period that began when the claim was
1
received;
2
the determining authority is taken:
3
(d) to have made a determination that compensation is not
4
payable under section 14; and
5
(e) to have done so at the end of that 70-day period.
6
9 Subsection 61(2)
7
Omit "if that amount of compensation is payable to a person other than
8
the employee".
9
10 Subsection 62(6)
10
Repeal the subsection, substitute:
11
(6) If the determining authority receives a request for the
12
reconsideration of a determination, the determining authority or a
13
delegate of the determining authority must decide the request
14
within the 60-day period that began when the request was received.
15
(6A) If:
16
(a) the determining authority receives a request for the
17
reconsideration of a determination; and
18
(b) neither the determining authority, nor a delegate of the
19
determining authority, has decided the request within the
20
60-day period that began when the request was received;
21
the determining authority is taken:
22
(c) to have made a decision affirming the determination; and
23
(d) to have done so at the end of that 60-day period.
24
11 After subsection 64(1)
25
Insert:
26
(2) If:
27
(a) an application has been made to the Administrative Appeals
28
Tribunal for review of a decision that was made under
29
section 62; and
30
(b) the parties to the review agree, in writing, that a specified
31
determination should be treated as a reviewable decision; and
32
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(c) the agreement has been lodged with the Administrative
1
Appeals Tribunal; and
2
(d) the determination and the decision relate to the same
3
employee; and
4
(e) the determination and the decision are directly or indirectly
5
related to:
6
(i) the same issue: or
7
(ii) the same incident or state of affairs;
8
then:
9
(f) the determination is taken to be a reviewable decision for the
10
purposes of this Part; and
11
(g) an application to the Administrative Appeals Tribunal for
12
review of the reviewable decision is taken to have been
13
made, on the day on which the agreement was lodged with
14
the Administrative Appeals Tribunal, by the person who
15
made the application mentioned in paragraph (a); and
16
(h) the Administrative Appeals Tribunal may deal with those
17
applications together.
18
12 After section 70B
19
Insert:
20
70C Compensation for detriment caused by defective administration
21
(1) Comcare may make payments to persons who:
22
(a) are or were entitled to compensation under this Act; and
23
(b) have suffered a loss as a result of an act or omission of
24
Comcare that:
25
(i) relates to that compensation; and
26
(ii) concerns Comcare's claims management functions or
27
powers.
28
(2) For the purposes of subsection (1), it is immaterial whether the act
29
or omission occurred before, at or after the commencement of this
30
section.
31
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71
Principles
1
(3) The Minister may, by legislative instrument, determine principles
2
to be complied with by Comcare in making payments under
3
subsection (1).
4
(4) In making a payment under subsection (1), Comcare must comply
5
with any principles determined under subsection (3).
6
Annual report
7
(5) The annual report prepared by the Chief Executive Officer and
8
given to the Minister under section 46 of the Public Governance,
9
Performance and Accountability Act 2013 for a period must
10
include particulars of each payment under subsection (1) of this
11
section during the period.
12
Interest
13
(6) Section 26 does not, by implication, limit subsection (1) of this
14
section.
15
13 Section 71 (heading)
16
Repeal the heading, substitute:
17
71 Power to obtain information from Entities, authorities and
18
corporations
19
14 Subsection 71(1)
20
Omit "or authority" (wherever occurring), substitute ", authority or
21
corporation".
22
15 Section 99
23
Insert:
24
worker has the same meaning as in the Work Health and Safety Act
25
2011.
26
16 Paragraph 104(2)(d)
27
Repeal the paragraph, substitute:
28
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(d) the applicant has the capacity to meet the standards set by the
1
Commission for the rehabilitation of its employees; and
2
(e) the applicant has the capacity to meet the standards set by the
3
Commission for the work health and safety of workers who
4
carry out work in any capacity for, or for a business or
5
undertaking conducted by, the applicant.
6
17 Paragraph 104(2A)(a)
7
Omit "occupational" (wherever occurring), substitute "work".
8
18 Paragraph 104(2A)(a)
9
Omit "the applicant's employees", substitute "workers who carry out
10
work in any capacity for, or for a business or undertaking conducted by,
11
the applicant".
12
19 At the end of section 104
13
Add:
14
(5) For the purposes of this section, the question of whether a worker
15
carries out work in any capacity for, or for a business or
16
undertaking conducted by, a person is to be determined in the same
17
manner as under the Work Health and Safety Act 2011.
18
20 After subsection 108C(8)
19
Insert:
20
(8A) If:
21
(a) a licensee is authorised to manage claims; and
22
(b) the licensee institutes proceedings in a court or tribunal; and
23
(c) those proceedings relate to:
24
(i) a determination made, or taken to have been made, by
25
the licensee in managing such a claim; or
26
(ii) anything done, or taken to have been done, by the
27
licensee in managing such a claim;
28
then:
29
(d) the licensee must, as soon as practicable:
30
(i) inform Comcare that the proceedings have been
31
instituted; and
32
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73
(ii) inform Comcare of the details of the proceedings; and
1
(e) the court or tribunal in which the proceedings have been
2
instituted must, on application by Comcare, join Comcare as
3
a party to the proceedings.
4
21 Subsection 108C(9)
5
Omit "or (8)", substitute ", (8) or (8A)".
6
22 At the end of section 108C
7
Add:
8
(11) If:
9
(a) either:
10
(i) proceedings have been brought against a licensee in
11
accordance with subsection (7); or
12
(ii) proceedings have been instituted by a licensee as
13
mentioned in subsection (8A); and
14
(b) the licensee has a document that is relevant to those
15
proceedings; and
16
(c) Comcare gives the licensee a written notice requiring the
17
licensee to:
18
(i) make a copy of the document and give the copy to
19
Comcare; and
20
(ii) do so within the period specified in the notice;
21
the licensee must comply with the notice.
22
23 Paragraph 108D(1)(e)
23
Omit "employees", substitute "workers".
24
24 At the end of section 114
25
Add:
26
(3) If:
27
(a) an amount has been paid by Comcare to an employer under
28
section 23A, 112A or 112B in consequence of:
29
(i) a false or misleading statement or representation; or
30
(ii) a failure or omission to comply with a provision of this
31
Act; or
32
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(b) an amount that has been paid by Comcare to an employer
1
under section 23A, 112A or 112B should not have been paid;
2
then:
3
(c) the employer must repay the amount to Comcare; and
4
(d) the amount repayable by the employer is recoverable by
5
Comcare from the employer in a court of competent
6
jurisdiction as a debt due to Comcare.
7
(4) If:
8
(a) an employer repays an amount to Comcare under
9
subsection (3); and
10
(b) the employer had previously paid an employee a
11
corresponding equal amount in accordance with
12
subsection 112A(4) or 112B(4);
13
then:
14
(c) the employee must repay the corresponding equal amount to
15
the employer; and
16
(d) the amount repayable by the employee is recoverable by the
17
employer from the employee in a court of competent
18
jurisdiction as a debt due to the employer.
19
25 After section 119
20
Insert:
21
119A Notification of change of circumstances
22
(1) If payments of compensation are being made to an employee under
23
this Act by a relevant authority, the employee must:
24
(a) notify the relevant authority, in writing, of any change to the
25
employee's circumstances that affects:
26
(i) the entitlement to that compensation; or
27
(ii) the amount of that compensation; and
28
(b) do so within 14 days after the employee became aware of the
29
change.
30
(2) Subsection (1) does not apply to a change of circumstances if,
31
under another provision of this Act, the employee is required to
32
notify the relevant authority of that change.
33
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75
26 Before section 121A
1
Insert:
2
120A Relevant authority may obtain information or documents
3
from employee
4
(1) If:
5
(a) one or more payments of compensation have been, or are
6
being, made to, or for the benefit of, an employee under this
7
Act by a relevant authority; and
8
(b) the relevant authority is satisfied that the employee:
9
(i) has information or a document that is relevant to the
10
compensation; or
11
(ii) may obtain such information or a copy of such a
12
document without unreasonable expense or
13
inconvenience;
14
the relevant authority may, by written notice given to the
15
employee, require the employee to:
16
(c) give that information or a copy of that document to the
17
relevant authority; and
18
(d) do so within:
19
(i) the period specified in the notice; or
20
(ii) such further period (if any) as the relevant authority, at
21
the request of the employee, allows.
22
(2) A period specified under subsection (1) must not be shorter than 14
23
days after the notice is given.
24
120B Relevant authority may obtain information or documents from
25
third party
26
(1) If:
27
(a) one or more payments of compensation have been, or are
28
being, made to, or for the benefit of, an employee by a
29
relevant authority; and
30
(b) the relevant authority is satisfied that a person (other than the
31
employee):
32
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No. , 2015
(i) has information or a document that is relevant to the
1
compensation; or
2
(ii) may obtain such information or a copy of such a
3
document without unreasonable expense or
4
inconvenience;
5
the relevant authority may, by written notice given to the person,
6
request the person to:
7
(c) give that information or a copy of that document to the
8
relevant authority; and
9
(d) do so within:
10
(i) the period specified in the notice; or
11
(ii) such further period (if any) as the relevant authority, at
12
the request of the person, allows.
13
(2) A period specified under subsection (1) must not be shorter than 14
14
days after the notice is given.
15
(3) A person may comply with a notice under subsection (1).
16
(4) If the person complies with a notice given by a relevant authority
17
under subsection (1), an amount may be paid to the person, in
18
relation to compliance with the notice, by the relevant authority.
19
Scheme integrity Schedule 3
Amendments contingent on the commencement of Schedule 2 to the Safety,
Rehabilitation and Compensation Legislation Amendment Act 2015 Part 2
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
77
Part 2
--Amendments contingent on the
1
commencement of Schedule 2 to the Safety,
2
Rehabilitation and Compensation
3
Legislation Amendment Act 2015
4
Safety, Rehabilitation and Compensation Act 1988
5
27 Paragraph 107D(4)(e)
6
Omit "occupational", substitute "work".
7
28 Paragraph 107D(4)(e)
8
Omit "the corporation's employees", substitute "workers who carry out
9
work in any capacity for, or for a business or undertaking conducted by,
10
the corporation".
11
29 Subsection 107D(7)
12
Omit "occupational" (wherever occurring), substitute "work".
13
30 Subsection 107D(7)
14
Omit "the corporation's employees", substitute "workers who carry out
15
work in any capacity for, or for a business or undertaking conducted by,
16
the corporation".
17
31 At the end of section 107D
18
Add:
19
Workers
20
(11) For the purposes of this section, the question of whether a worker
21
carries out work in any capacity for, or for a business or
22
undertaking conducted by, a person is to be determined in the same
23
manner as under the Work Health and Safety Act 2011.
24
32 Paragraph 108C(8A)(a)
25
Omit "a licensee", substitute "the licence holder of a single employer
26
licence".
27
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33 Paragraphs 108C(8A)(b), (c) and (d)
1
Omit "the licensee" (wherever occurring), substitute "the licence
2
holder".
3
34 Subparagraphs 108C(11)(a)(i) and (ii)
4
Omit "a licensee", substitute "the licence holder of a single employer
5
licence".
6
35 Paragraphs 108C(11)(b) and (c)
7
Omit "the licensee" (wherever occurring), substitute "the licence
8
holder".
9
36 Subsection 108C(11)
10
Omit "the licensee must", substitute "the licence holder must".
11
37 After subsection 108CB(4)
12
Insert:
13
(4A) If:
14
(a) a relevant authority for a group employer licence is
15
authorised to manage claims; and
16
(b) the relevant authority institutes proceedings in a court or
17
tribunal; and
18
(c) those proceedings relate to:
19
(i) a determination made, or taken to have been made, by
20
the relevant authority in managing such a claim; or
21
(ii) anything done, or taken to have been done, by the
22
relevant authority in managing such a claim;
23
then:
24
(d) the relevant authority must, as soon as practicable:
25
(i) inform Comcare that the proceedings have been
26
instituted; and
27
(ii) inform Comcare of the details of the proceedings; and
28
(e) the court or tribunal in which the proceedings have been
29
instituted must, on application by Comcare, join Comcare as
30
a party to the proceedings.
31
Scheme integrity Schedule 3
Amendments contingent on the commencement of Schedule 2 to the Safety,
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Safety, Rehabilitation and Compensation Amendment (Improving the
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79
38 Subsection 108CB(5)
1
After "(4)", insert "or (4A)".
2
39 At the end of section 108CB
3
Add:
4
(7) If:
5
(a) either:
6
(i) proceedings have been brought against a relevant
7
authority for a group employer licence in accordance
8
with subsection (3); or
9
(ii) proceedings have been instituted by a relevant authority
10
for a group employer licence as mentioned in
11
subsection (4A); and
12
(b) the relevant authority has a document that is relevant to those
13
proceedings; and
14
(c) Comcare gives the relevant authority a written notice
15
requiring the relevant authority to:
16
(i) make a copy of the document and give the copy to
17
Comcare; and
18
(ii) do so within the period specified in the notice;
19
the relevant authority must comply with the notice.
20
40 Paragraph 108DA(2)(e)
21
Omit "employees", substitute "workers".
22
41 Transitional
--licences
23
(1)
The amendments of the Safety, Rehabilitation and Compensation Act
24
1988 made by this Part, so far as they concern a decision to:
25
(a) issue a licence under section 107D of that Act; or
26
(b) refuse to issue such a licence;
27
apply in relation to such a decision if the application for the licence
28
concerned was made after the commencement of this item.
29
(2)
The amendment of paragraph 108DA(2)(e) of the Safety, Rehabilitation
30
and Compensation Act 1988 made by this Part does not affect the
31
Schedule 3 Scheme integrity
Part 2 Amendments contingent on the commencement of Schedule 2 to the Safety,
Rehabilitation and Compensation Legislation Amendment Act 2015
80
Safety, Rehabilitation and Compensation Amendment (Improving the
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No. , 2015
continuity of a condition that was covered by that paragraph
1
immediately before the commencement of this item.
2
(3)
The Commission may vary a licence condition under
3
subsection 108DA(4) of the Safety, Rehabilitation and Compensation
4
Act 1988 in order to ensure that the condition complies with
5
paragraph 108DA(2)(e) of that Act as amended by this Part.
6
Scheme integrity Schedule 3
General application and transitional provisions Part 3
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
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81
Part 3
--General application and transitional
1
provisions
2
42 Application of amendments
3
(1)
Section 50A of the Safety, Rehabilitation and Compensation Act 1988
4
(as amended by Part 1 of this Schedule), so far as it concerns an injury,
5
applies in relation to an injury sustained after the commencement of this
6
item.
7
(2)
Section 50A of the Safety, Rehabilitation and Compensation Act 1988
8
(as amended by Part 1 of this Schedule), so far as it concerns the loss of,
9
or damage to, property, applies in relation to loss or damage that
10
occurred after the commencement of this item.
11
(3)
The amendments made by items 5, 6 and 8 apply in relation to a claim
12
made after the commencement of this item.
13
(4)
The amendment made by item 9 applies in relation to a determination
14
made after the commencement of this item.
15
(5)
The amendment made by item 10 applies to a request that was received
16
after the commencement of this item.
17
(6)
The amendments of the Safety, Rehabilitation and Compensation Act
18
1988 made by Part 1 of this Schedule, so far as they concern a decision
19
to:
20
(a) grant a licence under section 103 of that Act; or
21
(b) refuse to grant such a licence;
22
apply in relation to such a decision if the application for the licence
23
concerned was made after the commencement of this item.
24
(7)
Subsection 114(3) of the Safety, Rehabilitation and Compensation Act
25
1988 (as amended by Part 1 of this Schedule) applies in relation to an
26
amount paid by Comcare to an employer after the commencement of
27
this item.
28
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Safety, Rehabilitation and Compensation Amendment (Improving the
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43 Transitional
--damages
1
Despite the repeal of section 51 of the Safety, Rehabilitation and
2
Compensation Act 1988 by Part 1 of this Schedule, that section
3
continues to apply, in relation to a notice given before the
4
commencement of this item, as if the repeal had not happened.
5
44 Transitional
--provision of information
6
Despite the repeal of section 58 of the Safety, Rehabilitation and
7
Compensation Act 1988 by Part 1 of this Schedule, that section
8
continues to apply, in relation to a notice given before the
9
commencement of this item, as if the repeal had not happened.
10
45 Transitional
--licence condition
11
(1)
The amendment of paragraph 108D(1)(e) of the Safety, Rehabilitation
12
and Compensation Act 1988 made by Part 1 of this Schedule does not
13
affect the continuity of a condition that was covered by that paragraph
14
immediately before the commencement of this item.
15
(2)
The Commission may vary a licence condition under
16
subsection 108D(2) of the Safety, Rehabilitation and Compensation Act
17
1988 in order to ensure that the condition complies with
18
paragraph 108D(1)(e) of that Act as amended by Part 1 of this
19
Schedule.
20
Provisional medical expense payments Schedule 4
Amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
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83
Schedule 4
--Provisional medical expense
1
payments
2
Part 1
--Amendments
3
Safety, Rehabilitation and Compensation Act 1988
4
1 Subsection 4(1)
5
Insert:
6
alleged injury in relation to a provisional medical expense
7
payment request under section 52C, has the meaning given by that
8
section.
9
provisional medical expense payment means a payment under
10
section 52D.
11
provisional medical expense payment request has the meaning
12
given by section 52C.
13
2 Subsections 4(10) and (10A)
14
After "Part III,", insert "IVA,".
15
3 Subsection 13(1) (definition of relevant amount)
16
After "30(1)", insert ", 52D(4)".
17
4 Before Part V
18
Insert:
19
Part IVA--Provisional medical expense payments
20
21
52B Simplified outline of this Part
22
•
An employee who believes on reasonable grounds that he or
23
she has suffered an injury may request the relevant authority
24
to make a provisional medical expense payment to cover the
25
Schedule 4 Provisional medical expense payments
Part 1 Amendments
84
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
cost of one or more items of medical treatment obtained in
1
relation to the injury.
2
•
A request for a provisional medical expense payment may also
3
be made:
4
(a)
by another person on behalf of an employee who is
5
physically or mentally incapable of giving the request
6
himself or herself; or
7
(b)
by the legal personal representative of a deceased
8
employee.
9
•
A request for a provisional medical expense payment must be
10
made within 40 working days after the injury.
11
•
There is an indexed cap for a provisional medical expense
12
payment. The initial cap is $5,000.
13
52C Provisional medical expense payment request
14
(1) Any of the following persons:
15
(a) an employee;
16
(b) a person acting on behalf of an employee;
17
(c) the legal personal representative of a deceased employee;
18
may give the relevant authority a written notice that:
19
(d) states that:
20
(i) if the notice is given by an employee--the employee
21
believes on reasonable grounds; or
22
(ii) if the notice is given by a person acting on behalf of an
23
employee--the person believes on reasonable grounds;
24
or
25
(iii) if the notice is given by the legal personal representative
26
of a deceased employee--the legal personal
27
representative believes on reasonable grounds;
28
that the employee has suffered an injury (the alleged injury);
29
and
30
(e) requests the relevant authority to make a provisional medical
31
expense payment in respect of the cost of those items of
32
medical treatment; and
33
Provisional medical expense payments Schedule 4
Amendments Part 1
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Safety, Rehabilitation and Compensation Amendment (Improving the
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85
(f) states that the employee has consulted a legally qualified
1
medical practitioner about the alleged injury.
2
(2) A notice under subsection (1) is to be known as a provisional
3
medical expense payment request.
4
(3) A provisional medical expense payment request must:
5
(a) be in the form approved in writing by Comcare for the
6
purposes of this paragraph; and
7
(b) be accompanied by a certificate by a legally qualified
8
medical practitioner in the form approved in writing by
9
Comcare for the purposes of this paragraph.
10
(4) A person is not entitled to give a provisional medical expense
11
payment request on behalf of an employee unless the employee is
12
physically or mentally incapable of giving the request himself or
13
herself.
14
(5) If:
15
(a) an employee gives a provisional medical expense payment
16
request to the Entity or Commonwealth authority (other than
17
a licensed authority) in which the employee was employed at
18
the time when the alleged injury was sustained; and
19
(b) the employee does so on the understanding that the Entity or
20
authority will, on behalf of the employee, give the
21
provisional medical expense payment request to the relevant
22
authority;
23
the principal officer of the Entity or authority must ensure that the
24
request is given to the relevant authority within 2 working days
25
after the day on which the request was received.
26
(6) If a provisional medical expense payment request is given to
27
Comcare after the commencement of Part 1 of Schedule 2 to the
28
Safety, Rehabilitation and Compensation Amendment (Improving
29
the Comcare Scheme) Act 2015, Comcare must cause a copy of the
30
provisional medical expense payment request to be given to the
31
liable employer of the employee in relation to the alleged injury.
32
(7) A provisional medical expense payment request is taken to have
33
been made when it is received by the relevant authority.
34
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Deemed provisional medical expense payment request
1
(8) If:
2
(a) any of the following persons:
3
(i) an employee;
4
(ii) a person acting on behalf of an employee;
5
(iii) the legal personal representative of a deceased
6
employee;
7
has given the relevant authority a provisional medical
8
expense payment request (the original provisional medical
9
expense payment request) in respect of one or more items of
10
medical treatment obtained in relation to an alleged injury
11
suffered by the employee; and
12
(b) the person subsequently gives the relevant authority a written
13
notice requesting the relevant authority to make a provisional
14
medical expense payment in respect of the cost of those other
15
items of medical treatment on the same basis as the original
16
provisional medical expense payment request;
17
this Act (other than this subsection) and the Criminal Code have
18
effect as if:
19
(c) the notice were another provisional medical expense payment
20
request given by the person to the relevant authority in
21
respect of those other items of medical treatment; and
22
(d) the other provisional medical expense payment request had
23
complied with the requirements of subsections (1) and (3);
24
and
25
(e) the person had stated to the relevant authority that those other
26
items of medical treatment were obtained in relation to the
27
alleged injury; and
28
(f) an amount paid as a result of the other provisional medical
29
expense payment request were an amount paid in relation to
30
the alleged injury.
31
52D Provisional medical expense payment
32
(1) If:
33
(a) a provisional medical expense payment request is made in
34
respect of the cost of one or more items of medical treatment
35
obtained by an employee in relation to an alleged injury; and
36
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(b) the provisional medical expense payment request was made
1
within 40 working days after the alleged injury was
2
sustained;
3
the relevant authority is liable to pay, in respect of the cost of those
4
items of medical treatment, an amount of provisional medical
5
expense payment worked out under subsection (2).
6
(2) Subject to subsection (3), the amount is equal to the total amount
7
of compensation that would have been payable under section 16 for
8
the cost of those items of medical treatment if it were assumed that
9
the alleged injury was an injury.
10
(3) If the sum of:
11
(a) the cost of those items of medical treatment obtained in
12
relation to the alleged injury; and
13
(b) any amounts that have previously been paid under this
14
section in relation to:
15
(i) the alleged injury; or
16
(ii) an associated injury;
17
exceeds the cap set out in subsection (4), the amount payable under
18
subsection (1) in respect of the cost of those items of medical
19
treatment is to be reduced by the amount of the excess.
20
Note:
For associated injury, see section 6B.
21
(4) The cap is $5,000.
22
Note:
For indexation, see section 13.
23
(5) An amount of provisional medical expense payment payable by
24
Comcare under subsection (1) is payable:
25
(a) if the employee has paid the cost of the medical treatment--
26
to, or in accordance with the directions of, the employee; or
27
(b) if:
28
(i) the employee dies before the amount is paid and without
29
having paid the cost referred to in subsection (1); and
30
(ii) another person (not being the legal personal
31
representative of the employee) has paid that cost:
32
to that other person; or
33
(c) in any other case--to the person to whom the cost is payable.
34
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Exception--reasonable grounds
1
(6) Subsection (1) does not apply if:
2
(a) the relevant authority decides to refuse to make a provisional
3
medical expense payment on the grounds that the relevant
4
authority has reasonable grounds for not making the
5
provisional medical expense payment; and
6
(b) that decision is made within 7 working days after the day on
7
which the provisional medical expense payment request is
8
made.
9
(7) The relevant authority has reasonable grounds for not making the
10
provisional medical expense payment if, and only if:
11
(a) the relevant authority is satisfied that the alleged injury was
12
not sustained by the employee; or
13
(b) the relevant authority is satisfied that the cost of those items
14
of medical treatment is not a cost in respect of which
15
compensation is payable under section 16; or
16
(c) both:
17
(i) the relevant authority, by written notice given to the
18
employee, requested the employee to make a claim for
19
compensation in respect of the alleged injury; and
20
(ii) the employee refused or failed to make such a claim
21
within 7 working days after the day on which the
22
request is made by the relevant authority; or
23
(d) under the regulations, the relevant authority is taken to have
24
reasonable grounds for not making the provisional medical
25
expense payment.
26
(8) If the relevant authority decides to refuse to make a provisional
27
medical expense payment on the grounds that the relevant
28
authority has reasonable grounds for not making the payment, the
29
relevant authority must give the employee, or the legal personal
30
representative of the deceased employee, as the case may be, a
31
written notice that:
32
(a) sets out that decision; and
33
(b) specifies the reasonable excuse; and
34
(c) states that a claim for compensation under section 16 may be
35
made in respect of the cost of those items of medical
36
treatment if the requirements of that section are met.
37
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Exception--claim determined
1
(9) Subsection (1) does not apply if:
2
(a) a claim for compensation under section 16 in respect of the
3
cost of those items of medical treatment has been made by or
4
on behalf of the employee; and
5
(b) the claim is determined within 7 working days after the day
6
on which the provisional medical expense payment request is
7
made.
8
52E Notice of provisional medical expense payment
9
If a provisional medical expense payment is payable in respect of
10
the cost of one or more items of medical treatment obtained by an
11
employee, the relevant authority must give the employee, or the
12
legal personal representative of the deceased employee, as the case
13
may be, a written notice that:
14
(a) explains the effect of subsection 52D(5); and
15
(b) explains the effect of sections 52F, 52H and 54.
16
52F Provisional medical expense payment discharges liability to pay
17
compensation
18
If:
19
(a) a provisional medical expense payment is made in respect of
20
the cost of one or more items of medical treatment obtained
21
by an employee; and
22
(b) compensation is payable under section 16 in respect of the
23
cost of those items of medical treatment;
24
then:
25
(c) the making of the provisional medical expense payment is
26
taken to have discharged so much of the relevant authority's
27
liability to pay the total amount of that compensation as
28
equals the amount of the provisional medical expense
29
payment; and
30
(d) the provisional medical expense payment is not recoverable
31
from the employee or the legal personal representative of the
32
deceased employee, as the case may be.
33
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52G Cost of medical treatment
1
Subsections 16(2), (3), (3A), (3B) and (3C) apply for the purposes
2
of this Part in the same way as they apply for the purposes of
3
subsection 16(1).
4
52H Making a provisional medical expense payment does not
5
constitute an acceptance of a claim
6
The making of a provisional medical expense payment does not
7
constitute an acceptance of a claim.
8
52J Certain documents to be supplied on request
9
(1) If:
10
(a) a provisional medical expense payment request is made in
11
respect of the cost of one or more items of medical treatment
12
obtained by an employee; and
13
(b) the employee asks the relevant authority to give the employee
14
a document held by the authority that relates to the request;
15
the relevant authority must give the document to the employee.
16
(2) If:
17
(a) a provisional medical expense payment request is made in
18
respect of the cost of one or more items of medical treatment
19
obtained by an employee who has died; and
20
(b) the legal personal representative of the deceased employee
21
asks the relevant authority to give the legal personal
22
representative a document held by the authority that relates to
23
the request;
24
the relevant authority must give the document to the legal personal
25
representative.
26
(3) If:
27
(a) a provisional medical expense payment request is made in
28
respect of the cost of one or more items of medical treatment
29
obtained by an employee; and
30
(b) the request affects the Commonwealth or a Commonwealth
31
authority; and
32
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91
(c) the Commonwealth or Commonwealth authority, as the case
1
may be, asks the relevant authority to give the
2
Commonwealth or Commonwealth authority, as the case may
3
be, a document held by the relevant authority that relates to
4
the request;
5
the relevant authority must give the document to the
6
Commonwealth or Commonwealth authority, as the case may be.
7
(4) If:
8
(a) a provisional medical expense payment request is made in
9
respect of the cost of one or more items of medical treatment
10
obtained by an employee; and
11
(b) the request affects a licensed corporation; and
12
(c) the licensed corporation asks the relevant authority to give
13
the licensed corporation a document held by the authority
14
that relates to the request;
15
the relevant authority must give the document to the licensed
16
corporation.
17
52K Provisional medical expense payment to be treated as
18
compensation for certain purposes
19
A provisional medical expense payment is taken to be
20
compensation for the purposes of sections 48, 50, 50A, 90C, 118
21
and 119.
22
5 Subsection 97A(2) (at the end of the definition of bonus
23
amount)
24
Add:
25
; and (c) the number of provisional medical expense payment requests
26
made by, or in relation to, employees of the Entity or
27
authority in each previous financial year; and
28
(d) the amount of provisional medical expense payments paid to
29
such employees under this Act.
30
6 Subsection 97A(2) (at the end of the definition of penalty
31
amount)
32
Add:
33
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; and (c) the number of provisional medical expense payment requests
1
made by, or in relation to, employees of the Entity or
2
authority in each previous financial year; and
3
(d) the amount of provisional medical expense payments paid to
4
such employees under this Act.
5
7 Subsection 97A(3) (at the end of the definition of estimated
6
liability component)
7
Add "For the purposes of this definition, a liability to make a
8
provisional medical expense payment in respect of an alleged injury
9
suffered by an employee is taken to be a liability under this Act in
10
respect of an injury suffered by the employee.".
11
8 Subsection 97A(3) (at the end of the definition of estimated
12
management component)
13
Add "For the purposes of this definition, claims management includes
14
provisional medical expense payments management.".
15
9 At the end of paragraph 114(1)(a)
16
Add "or".
17
10 After paragraph 114(1)(a)
18
Insert:
19
(aa) an amount of a provisional medical expense payment has
20
been paid to a person in consequence of a false or misleading
21
statement; or
22
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93
Part 2
--Application and transitional provisions
1
11 Application of amendments
2
Part IVA of the Safety, Rehabilitation and Compensation Act 1988 (as
3
amended by this Schedule) applies to an alleged injury sustained by an
4
employee after the commencement of this item.
5
12 Transitional
--indexation
6
Section 13 of the Safety, Rehabilitation and Compensation Act 1988 (as
7
amended by this Schedule) applies in relation to the amount specified in
8
subsection 52D(4) of that Act as if the reference in the definition of
9
relevant year in subsection 13(1) of that Act to 1 July 1988 were a
10
reference to 1 July next following the 6-month period that began at the
11
commencement of this item.
12
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Schedule 5
--Medical expenses
1
Part 1
--Amendments
2
Safety, Rehabilitation and Compensation Act 1988
3
1 Subsection 4(1)
4
Insert:
5
accredited healthcare practitioner has the meaning given by
6
section 71B.
7
designated medical clinic has the meaning given by section 54A.
8
designated medical practitioner has the meaning given by
9
section 54A.
10
medical clinic means a group of 2 or more legally qualified
11
medical practitioners providing services:
12
(a) in the same location or locations; and
13
(b) as, or as part of, the same business or undertaking.
14
Medical Examination Rates Determination means the Medical
15
Examination Rates Determination made under section 57B.
16
medical services table means the table prescribed under
17
section 16B.
18
2 Subsection 4(1) (paragraph (b) of the definition of medical
19
treatment)
20
Repeal the paragraph.
21
3 Subsection 4(1) (paragraph (d) of the definition of medical
22
treatment)
23
Repeal the paragraph, substitute:
24
(d) therapeutic treatment by, or under the supervision of, a
25
registered health practitioner; or
26
(da) therapeutic treatment by, or under the supervision of, an
27
accredited healthcare practitioner; or
28
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4 Subsection 4(1) (paragraph (h) of the definition of medical
1
treatment)
2
Repeal the paragraph, substitute:
3
(h) nursing care, whether in a hospital or otherwise; or
4
(ha) treatment and maintenance as a resident in a nursing home;
5
or
6
(hb) the provision of a medicine (other than a schedule 8
7
medicine) that is prescribed by a registered health
8
practitioner, and that is:
9
(i) dispensed by a registered pharmacist; or
10
(ii) provided to an employee while the employee is an
11
in-patient in a hospital; or
12
(iii) provided to an employee while the employee is a
13
resident in a nursing home; or
14
(hc) if an employee has a designated medical practitioner--the
15
provision of a schedule 8 medicine that is prescribed by the
16
practitioner, and that is:
17
(i) dispensed by a registered pharmacist; or
18
(ii) provided to the employee while the employee is an
19
in-patient in a hospital; or
20
(iii) provided to the employee while the employee is a
21
resident in a nursing home; or
22
(hd) if:
23
(i) an employee has a designated medical clinic; and
24
(ii) a legally qualified medical practitioner practices in the
25
clinic;
26
the provision of a schedule 8 medicine that is prescribed by
27
the practitioner, and that is:
28
(iii) dispensed by a registered pharmacist; or
29
(iv) provided to the employee while the employee is an
30
in-patient in a hospital; or
31
(v) provided to the employee while the employee is a
32
resident in a nursing home; or
33
(he) the provision of a medicine that:
34
(i) an employee is directed to take or use by a legally
35
qualified medical practitioner or legally qualified
36
dentist; and
37
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(ii) is covered by the definition of registered goods in the
1
Therapeutic Goods Act 1989; and
2
(iii) is provided by a registered pharmacist; or
3
(hf) the provision of medical and surgical supplies and curative
4
apparatus, whether in a hospital or otherwise; or
5
(hg) anything that:
6
(i) is provided to an employee outside Australia; and
7
(ii) approved for the employee under section 115B; or
8
5 Subsection 4(1)
9
Insert:
10
nursing care means care provided by a registered nurse.
11
registered health practitioner means a person registered under a
12
Health Practitioner Regulation National Law in any of the
13
following health professions (other than as a student):
14
(a) Aboriginal and Torres Strait Islander health practice;
15
(b) Chinese medicine;
16
(c) chiropractic;
17
(d) dental (including the profession of a dentist, dental therapist,
18
dental hygienist, dental prosthetist and oral health therapist);
19
(e) medical;
20
(f) medical radiation practice;
21
(g) nursing and midwifery;
22
(h) occupational therapy;
23
(i) optometry;
24
(j) osteopathy;
25
(k) pharmacy;
26
(l) physiotherapy;
27
(m) podiatry;
28
(n) psychology.
29
registered nurse means a person registered under a Health
30
Practitioner Regulation National Law in the nursing and midwifery
31
profession as a nurse (other than as a student).
32
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97
registered pharmacist means a person registered under a Health
1
Practitioner Regulation National Law in the pharmacy profession
2
(other than as a student).
3
schedule 8 medicine means a medicine that includes any
4
ingredient, compound, material or preparation referred to in
5
Schedule 8 to the current Poisons Standard (within the meaning of
6
the Therapeutic Goods Act 1989).
7
6 Subsections 4(10) and (10A)
8
Before "section 28", insert "section 16A or section 16B or".
9
7 After subsection 16(3)
10
Insert:
11
(3A) In determining whether it was reasonable for the employee to
12
obtain medical treatment, Comcare must have regard to the
13
following:
14
(a) any relevant Clinical Framework Principles in force under
15
section 16A;
16
(b) such other matters (if any) as Comcare considers relevant.
17
(3B) In determining the amount of compensation appropriate to the
18
medical treatment in the circumstances, Comcare must have regard
19
to the following:
20
(a) the nature of the medical treatment;
21
(b) the necessity for the medical treatment in the circumstances;
22
(c) such other matters (if any) as Comcare considers relevant.
23
(3C) If the medical treatment is covered by an item of the medical
24
services table, the amount of compensation payable by Comcare
25
under subsection (1) in respect of the medical treatment must not
26
exceed the rate specified for the item in the table.
27
8 At the end of Division 1 of Part II
28
Add:
29
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16A Clinical Framework Principles
1
Comcare may, by legislative instrument, formulate Clinical
2
Framework Principles that are to be taken into account under
3
subsection 16(3A).
4
16B Medical services table
5
(1) Comcare may, by legislative instrument, prescribe a table of
6
medical treatments that sets out the following:
7
(a) items of medical treatment;
8
(b) the rate applicable in respect of each item;
9
(c) rules for interpretation of the table.
10
(2) The table is to be known as the medical services table.
11
9 After section 54
12
Insert:
13
54A Designated medical practitioner
14
(1) A claim made by or on behalf of an employee under section 54
15
may:
16
(a) designate a legally qualified medical practitioner to be the
17
employee's designated medical practitioner for the purposes
18
of this Act; or
19
(b) designate a medical clinic as the employee's designated
20
medical clinic for the purposes of this Act.
21
Note:
For the provision of a schedule 8 medicine to fall within the definition
22
of medical treatment, the medicine must be prescribed by a
23
designated medical practitioner or a medical practitioner who practises
24
in a designated medical clinic. See paragraphs (hc) and (hd) of the
25
definition of medical treatment in subsection 4(1).
26
(2) If an employee does not have a designated medical practitioner or a
27
designated medical clinic, the employee may, by written notice
28
given to the relevant authority:
29
(a) designate a legally qualified medical practitioner to be the
30
employee's designated medical practitioner for the purposes
31
of this Act; or
32
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(b) designate a medical clinic to be the employee's designated
1
medical clinic for the purposes of this Act.
2
(3) If an employee (or a person acting on behalf of the employee) has
3
previously designated a legally qualified medical practitioner to be
4
the employee's designated medical practitioner, the employee (or a
5
person acting on behalf of the employee) may, by written notice
6
given to the relevant authority:
7
(a) revoke that previous designation; and
8
(b) either:
9
(i) designate another legally qualified medical practitioner
10
to be the employee's designated medical practitioner for
11
the purposes of this Act; or
12
(ii) designate a medical clinic to be the employee's
13
designated medical clinic for the purposes of this Act.
14
(4) If an employee (or a person acting on behalf of the employee) has
15
previously designated a medical clinic to be the employee's
16
designated medical clinic, the employee (or a person acting on
17
behalf of the employee) may, by written notice given to the
18
relevant authority:
19
(a) revoke that previous designation; and
20
(b) either:
21
(i) designate another medical clinic to be the employee's
22
designated medical clinic for the purposes of this Act;
23
or
24
(ii) designate a legally qualified medical practitioner to be
25
the employee's designated medical practitioner for the
26
purposes of this Act.
27
(5) A previous designation mentioned in subsection (3) or (4) may be a
28
designation made under subsection (1), (2), (3) or (4).
29
(6) If a medical clinic has a business name, a designation of a medical
30
clinic may be made using the business name of the clinic.
31
10 Before subsection 57(6)
32
Insert:
33
(5A) For the purposes of this section, if:
34
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(a) an examination is conducted under this section; and
1
(b) apart from this subsection, the cost of conducting the
2
examination exceeds the rate applicable to the examination
3
under the Medical Examination Rates Determination;
4
the cost of conducting the examination is taken to be equal to that
5
rate.
6
11 Before section 58
7
Insert:
8
57B Medical Examination Rates Determination
9
Comcare may, by legislative instrument, make a Medical
10
Examination Rates Determination that sets out:
11
(a) one or more kinds of medical examinations; and
12
(b) the rate applicable in respect of each kind of medical
13
examination.
14
12 Subsection 60(1) (definition of determination)
15
After "114B(5)(a)", insert ", under section 115B".
16
13 After section 71
17
Insert:
18
71A Disclosure of information to disciplinary bodies
19
Scope
20
(1) This section applies if Comcare has information relating to medical
21
treatment obtained in relation to an injury suffered by an employee.
22
Disclosure
23
(2) Comcare may disclose the information to a professional
24
disciplinary authority if Comcare is satisfied that the information
25
will enable or assist the professional disciplinary authority to
26
perform or exercise any of the functions or powers of the authority.
27
(3) Comcare may, by writing, impose conditions to be complied with
28
in relation to information disclosed under subsection (2).
29
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(4) An instrument made under subsection (3) that imposes conditions
1
relating to one particular disclosure identified in the instrument is
2
not a legislative instrument.
3
(5) Otherwise, an instrument made under subsection (3) is a legislative
4
instrument.
5
(6) For the purposes of this section, professional disciplinary
6
authority means:
7
(a) the Australian Health Practitioner Regulation Agency; or
8
(b) the Health Care Complaints Commission established by the
9
Health Care Complaints Act 1993 (NSW); or
10
(c) the Health Ombudsman appointed under the Health
11
Ombudsman Act 2013 (Qld); or
12
(d) an authority that is prescribed by the regulations.
13
(7) An authority must not be prescribed by regulations made for the
14
purposes of paragraph (6)(d) unless the authority is responsible for
15
investigating complaints about the professional conduct of:
16
(a) registered health practitioners; or
17
(b) accredited healthcare practitioners; or
18
(c) one or more kinds of registered health practitioner; or
19
(d) one or more kinds of accredited healthcare practitioner.
20
71B Accredited healthcare practitioners
21
(1) Comcare may, by legislative instrument, declare that each person
22
in a specified class of persons is an accredited healthcare
23
practitioner for the purposes of this Act.
24
(2) Subsection (1) of this section does not, by implication, limit the
25
application of subsection 13(3) of the Legislative Instruments Act
26
2003 to another instrument under this Act.
27
14 Before section 116
28
Insert:
29
115A Relevant authority may request medical report
30
(1) If:
31
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(a) an employee has suffered an injury; and
1
(b) medical treatment has been obtained in relation to the injury;
2
the relevant authority may, by written notice given to the provider
3
of the medical treatment, request the provider to give the relevant
4
authority a written report.
5
(2) The relevant authority must pay the cost of a report requested
6
under subsection (1).
7
Medical Treatment Reports Determination
8
(3) Comcare may, by legislative instrument, make a Medical
9
Treatment Reports Determination that sets out:
10
(a) one or more kinds of reports; and
11
(b) the rate applicable in respect of each kind of report.
12
(4) For the purposes of subsection (2), if:
13
(a) a report is given to the relevant authority in response to a
14
request under this section; and
15
(b) apart from this subsection, the cost of the report exceeds the
16
rate applicable to the report under the Medical Treatment
17
Reports Determination;
18
the cost of the report is taken to be equal to that rate.
19
115B Approval of treatment obtained outside Australia
20
(1) The relevant authority may approve any of the following things
21
obtained by an employee outside Australia:
22
(a) medical or surgical treatment by, or under the supervision of,
23
a medical practitioner;
24
(b) dental treatment by, or under the supervision of, a dentist;
25
(c) therapeutic treatment by, or under the supervision of, a health
26
practitioner;
27
(d) an examination, test or analysis carried out on, or in relation
28
to, an employee at the request or direction of a medical
29
practitioner or dentist and the provision of a report in respect
30
of such an examination, test or analysis;
31
(e) the supply, replacement or repair of an artificial limb or other
32
artificial substitute or of a medical, surgical or other similar
33
aid or appliance;
34
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103
(f) treatment and maintenance as a patient at a hospital;
1
(g) nursing care, whether in a hospital or otherwise;
2
(h) treatment and maintenance as a resident in a nursing home;
3
(i) the provision of a medicine;
4
(j) the provision of medical and surgical supplies and curative
5
apparatus, whether in a hospital or otherwise;
6
(k) any other form of treatment that is prescribed by the
7
regulations.
8
(2) The definition of nursing care in subsection 4(1) does not apply to
9
this section.
10
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Part 2
--Application and transitional provisions
1
Division 1
--Transitional provisions commencing on the
2
day after Royal Assent
3
15 Pre-commencement designations
4
(1)
The powers conferred by subsections 54A(2), (3) and (4) of the Safety,
5
Rehabilitation and Compensation Act 1988 (as amended by this
6
Schedule) may be exercised before the commencement of Part 1 of this
7
Schedule, as if that Part had commenced.
8
(2)
A designation made in accordance with subitem (1) takes effect at the
9
commencement of Part 1 of this Schedule.
10
Division 2
--Application provisions commencing on
11
Proclamation
12
16 Application of amendments
13
The amendments made by items 1 to 9 apply in relation to medical
14
treatment obtained after the commencement of this item.
15
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No. , 2015
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105
Schedule 6
--Household services and
1
attendant care services
2
Part 1
--Amendments commencing on the day after
3
Royal Assent
4
Safety, Rehabilitation and Compensation Act 1988
5
1 Subsection 4(1)
6
Insert:
7
accredited provider of attendant care services means a person
8
accredited under regulations made for the purposes of section 29D.
9
approved provider of attendant care services means a person
10
approved under regulations made for the purposes of section 29F.
11
registered provider of attendant care services means an individual
12
registered by an accredited provider of attendant care services
13
under regulations made for the purposes of section 29E.
14
2 Subsections 4(10) and (10A)
15
After "28", insert "or section 29D".
16
3 At the end of Division 5 of Part II
17
Add:
18
29D Accredited providers of attendant care services
19
(1) The regulations may empower Comcare to:
20
(a) accredit persons as accredited providers of attendant care
21
services; and
22
(b) revoke such an accreditation.
23
(2) The regulations may deal with matters that are ancillary or
24
incidental to the matters mentioned in subsection (1).
25
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29E Registered providers of attendant care services
1
(1) The regulations may empower an accredited provider of attendant
2
care services to:
3
(a) register individuals as registered providers of attendant care
4
services; and
5
(b) revoke such a registration.
6
(2) The regulations may deal with matters that are ancillary or
7
incidental to the matters mentioned in subsection (1).
8
29F Approved attendant care services providers
9
(1) The regulations may empower a relevant authority to:
10
(a) approve a person as an approved provider of attendant care
11
services; and
12
(b) revoke such an approval.
13
(2) The regulations may deal with matters that are ancillary or
14
incidental to the matters mentioned in subsection (1).
15
4 Subsection 60(1) (at the end of the definition of
16
determination)
17
Add ", and includes a decision made under regulations made for the
18
purposes of section 29D, 29E or 29F".
19
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Amendments commencing on Proclamation Part 2
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Comcare Scheme) Bill 2015
107
Part 2
--Amendments commencing on Proclamation
1
Division 1
--Amendments
2
Safety, Rehabilitation and Compensation Act 1988
3
5 Subsection 4(1)
4
Insert:
5
catastrophic injury has the meaning given by the regulations.
6
registered occupational therapist means a person registered under
7
a Health Practitioner Regulation National Law in the occupational
8
therapy profession (other than as a student).
9
registered physiotherapist means a person registered under a
10
Health Practitioner Regulation National Law in the physiotherapy
11
profession (other than as a student).
12
6 Subsection 29 (heading)
13
Repeal the heading, substitute:
14
29 Compensation for household services and attendant care services
15
obtained as a result of a non-catastrophic injury
16
7 Subsection 29(1)
17
Omit "subsection (5)", substitute "subsections (5) and (5A)".
18
8 Subsection 29(1)
19
After "an employee", insert "(other than a catastrophic injury)".
20
9 Subsections 29(1) and (2)
21
Omit "Comcare" (wherever occurring), substitute "the relevant
22
authority".
23
10 After paragraph 29(2)(a)
24
Insert:
25
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(aa) any section 29B assessment relating to the employee's need
1
for household services as the result of the employee's injury;
2
11 Subsection 29(3)
3
Repeal the subsection, substitute:
4
(3) Subject to subsections (5) and (5A), if:
5
(a) an employee obtains attendant care services as a result of an
6
injury to the employee (other than a catastrophic injury); and
7
(b) the attendant care services are provided by:
8
(i) an accredited provider of attendant care services; or
9
(ii) a registered provider of attendant care services; or
10
(iii) an approved provider of attendant care services; or
11
(iv) an individual authorised by the relevant authority in
12
relation to the employee; and
13
(c) the attendant care services obtained are reasonably required
14
by the employee;
15
the relevant authority is liable to pay compensation of:
16
(d) $442.20 per week; or
17
(e) an amount per week equal to the amount per week paid or
18
payable by the employee for those services;
19
whichever is the less.
20
(3A) The relevant authority must not authorise an individual under
21
subparagraph (3)(b)(iv) unless the relevant authority is satisfied
22
that there are special circumstances.
23
12 Subsection 29(4)
24
Omit "Comcare" (wherever occurring), substitute "the relevant
25
authority".
26
13 After paragraph 29(4)(e)
27
Insert:
28
(ea) any section 29B assessment relating to the employee's need
29
for attendant care services as the result of the employee's
30
injury;
31
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Safety, Rehabilitation and Compensation Amendment (Improving the
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109
14 Subsection 29(5)
1
Repeal the subsection, substitute:
2
(5) If the injury was sustained at or after the commencement of this
3
subsection, the relevant authority is not liable to pay compensation
4
under subsection (1) or (3) in respect of a week unless the week
5
occurs:
6
(a) during the 3-year period beginning on the date of the injury;
7
or
8
(b) if:
9
(i) the employee is admitted to hospital as an in-patient for
10
treatment in relation to the injury; and
11
(ii) the employee is discharged from hospital after the
12
30-month period beginning on the date of the injury;
13
during the 6-month period beginning on the day the
14
employee is discharged from hospital.
15
(5A) If the injury was sustained before the commencement of this
16
subsection, the relevant authority is not liable to pay compensation
17
under subsection (1) or (3) in respect of a week unless the week
18
occurs:
19
(a) during the 3-year period beginning at the commencement of
20
this subsection; or
21
(b) if:
22
(i) the employee is admitted to hospital as an in-patient for
23
treatment in relation to the injury; and
24
(ii) the employee is discharged from hospital after the
25
30-month period beginning at the commencement of
26
this subsection;
27
during the 6-month period beginning on the day the
28
employee is discharged from hospital.
29
15 Subsections 29(6) and (7)
30
Omit "Comcare", substitute "the relevant authority".
31
16 After section 29
32
Insert:
33
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29A Compensation for household services and attendant care
1
services obtained as a result of a catastrophic injury
2
Household services
3
(1) If:
4
(a) an employee obtains household services as a result of a
5
catastrophic injury to the employee; and
6
(b) the household services are reasonably required by the
7
employee; and
8
(c) the employee has undergone a section 29B assessment
9
relating to the employee's need for household services as the
10
result of the employee's catastrophic injury;
11
the relevant authority is liable to pay compensation of such amount
12
per week as the relevant authority considers reasonable in the
13
circumstances.
14
(2) Without limiting the matters that the relevant authority may take
15
into account in determining the household services that are
16
reasonably required in a particular case, the relevant authority
17
must, in making such a determination, have regard to the following
18
matters:
19
(a) the extent to which household services were provided by the
20
employee before the date of the catastrophic injury and the
21
extent to which he or she is able to provide those services
22
after that date;
23
(b) any section 29B assessment relating to the employee's need
24
for household services as the result of the employee's
25
catastrophic injury;
26
(c) the number of persons living with the employee as members
27
of his or her household, their ages and their need for
28
household services;
29
(d) the extent to which household services were provided by the
30
persons referred to in paragraph (c) before the catastrophic
31
injury;
32
(e) the extent to which the persons referred to in paragraph (c),
33
or any other members of the employee's family, might
34
reasonably be expected to provide household services for
35
themselves and for the employee after the catastrophic injury;
36
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Amendments commencing on Proclamation Part 2
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
111
(f) the need to avoid substantial disruption to the employment or
1
other activities of the persons referred to in paragraph (c).
2
Note:
In relation to paragraph (e), see also subsection 4(2).
3
Attendant care services
4
(3) If:
5
(a) an employee obtains attendant care services as a result of a
6
catastrophic injury to the employee; and
7
(b) the attendant care services are provided by:
8
(i) an accredited provider of attendant care services; or
9
(ii) a registered provider of attendant care services; or
10
(iii) an approved provider of attendant care services; or
11
(iv) an individual authorised by the relevant authority in
12
relation to the employee; and
13
(c) the attendant care services obtained are reasonably required
14
by the employee; and
15
(d) the employee has undergone a section 29B assessment
16
relating to the employee's need for attendant care services as
17
the result of the employee's catastrophic injury;
18
the relevant authority is liable to pay compensation of such amount
19
per week as the relevant authority considers reasonable in the
20
circumstances.
21
(4) The relevant authority must not authorise an individual under
22
subparagraph (3)(b)(iv) unless the relevant authority is satisfied
23
that there are special circumstances.
24
(5) Without limiting the matters that the relevant authority may take
25
into account in determining the attendant care services that are
26
reasonably required in a particular case, the relevant authority
27
must, in making such a determination, have regard to the following
28
matters:
29
(a) the nature of the employee's catastrophic injury and the
30
degree to which that injury impairs his or her ability to
31
provide for his or her personal care;
32
(b) the extent to which any medical service or nursing care
33
received by the employee provides for his or her essential
34
and regular personal care;
35
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(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
(g) any section 29B assessment relating to the employee's need
9
for attendant care services as the result of the employee's
10
catastrophic injury.
11
Note:
In relation to paragraph (f), see also subsection 4(2).
12
(6) An amount of compensation payable by the relevant authority
13
under subsection (1) or (3) is payable:
14
(a) if the employee has paid for the household services or
15
attendant care services, as the case may be--to the employee;
16
or
17
(b) in any other case--to the person who provided those
18
services.
19
(7) If the relevant authority pays an amount under subsection (1) or (3)
20
to a person who provided household services or attendant care
21
services to an employee, the payment of the amount is, to the
22
extent of the payment, a discharge of the liability of the employee
23
to pay for those services.
24
29B Assessment of need for household services and attendant care
25
services
26
(1) The relevant authority may require an injured employee to undergo
27
an assessment by:
28
(a) a registered occupational therapist nominated by the relevant
29
authority; or
30
(b) a registered physiotherapist nominated by the relevant
31
authority;
32
of the employee's need for either or both of the following:
33
(c) household services;
34
(d) attendant care services.
35
Household services and attendant care services Schedule 6
Amendments commencing on Proclamation Part 2
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
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113
(2) The relevant authority is liable to pay:
1
(a) the costs of conducting an assessment under subsection (1);
2
and
3
(b) an amount equal to the amount of the expenditure reasonably
4
incurred by the employee:
5
(i) in making a necessary journey in connection with the
6
assessment; or
7
(ii) in remaining, for the purpose of the assessment, at a
8
place to which the person has made a journey for that
9
purpose.
10
(3) The matters to which the relevant authority is to have regard in
11
deciding questions arising under paragraph (2)(b) include:
12
(a) the means of transport available to the person for the journey;
13
and
14
(b) the route or routes by which the person could have travelled;
15
and
16
(c) the accommodation available to the person.
17
29C Reimbursement of costs incurred in relation to accompanying
18
an employee
19
(1) If:
20
(a) during a particular week, an employee obtains attendant care
21
services as a result of a catastrophic injury to the employee;
22
and
23
(b) compensation is payable under section 29A for those
24
attendant care services; and
25
(c) the attendant care services are provided by an individual; and
26
(d) during the week, the individual accompanies the employee to
27
enable the employee to undertake an activity outside the
28
employee's place of residence; and
29
(e) having regard to:
30
(i) the well-being of the employee; and
31
(ii) the independent functioning of the employee; and
32
(iii) the rehabilitation of the employee; and
33
(iv) any other relevant matters;
34
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No. , 2015
it is reasonable and appropriate for the employee to undertake
1
the activity; and
2
(f) the employee or individual incurs reasonable costs in relation
3
to the individual so accompanying the employee;
4
the costs may be reimbursed by the relevant authority.
5
(2) The following are examples of costs covered by paragraph (1)(f):
6
(a) the cost of travel;
7
(b) the cost of accommodation;
8
(c) the cost of meals;
9
(d) the cost of tickets;
10
(e) incidental costs.
11
17 Subsection 60(1) (definition of determination)
12
After "29," insert "29A,".
13
Division 2
--Application and transitional provisions
14
18 Application of amendments
15
(1)
The amendments made by items 6, 8, 9, 10, 11, 12, 13, 14 and 15 apply
16
in relation to compensation in respect of a week beginning after the
17
commencement of this item.
18
(2)
Section 29A of the Safety, Rehabilitation and Compensation Act 1988
19
(as amended by this Schedule) applies in relation to compensation in
20
respect of a week that begins after the commencement of this item.
21
19 Transitional
--indexation
22
Section 13 of the Safety, Rehabilitation and Compensation Act 1988
23
applies in relation to the amount specified in subsection 29(3) of that
24
Act (as amended by this Schedule) as if the reference in the definition
25
of relevant year in subsection 13(1) of that Act to 1 July 1988 were a
26
reference to 1 July next following the 6-month period that began at the
27
commencement of this item.
28
Absences from Australia Schedule 7
Amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
115
Schedule 7
--Absences from Australia
1
Note:
This Schedule amends Division 5A of Part II of the Safety, Rehabilitation and
2
Compensation Act 1988. That Division is inserted by Part 1 of Schedule 15 to this Act.
3
Part 1
--Amendments
4
Safety, Rehabilitation and Compensation Act 1988
5
1 At the end of Division 5A of Part II
6
Add:
7
29K Extended absences from Australia
8
Basic rule
9
(1) If:
10
(a) an employee leaves Australia; and
11
(b) the employee is absent from Australia for private purposes
12
for a period of more than 6 weeks beginning when the
13
employee leaves Australia;
14
the employee's compensation rights are suspended during the
15
period that:
16
(c) begins at:
17
(i) if the employee was in Australia for a period of at least
18
6 weeks ending when the employee leaves Australia--
19
the end of the first 6 weeks of the period mentioned in
20
paragraph (b); or
21
(ii) if the employee was in Australia for a period of less
22
than 6 weeks ending when the employee leaves
23
Australia--the time when the employee leaves
24
Australia; or
25
(iii) if, under subsection (9) or (10), the relevant authority
26
has approved the extension of the employee's absence
27
to a later time--that later time; and
28
(d) ends when:
29
(i) the employee returns to Australia; or
30
(ii) the employee's absence for private purposes becomes an
31
absence for work purposes;
32
Schedule 7 Absences from Australia
Part 1 Amendments
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whichever first happens.
1
(2) However, subsection (1) does not apply if:
2
(a) the employee returns to Australia for a period of less than 6
3
weeks; and
4
(b) when the employee began to be absent from Australia at the
5
end of that period, that absence was for work purposes.
6
Change of purpose
7
(3) If:
8
(a) an employee was absent from Australia for work purposes;
9
and
10
(b) at a particular time, the employee's absence becomes an
11
absence for private purposes; and
12
(c) the employee is absent from Australia for private purposes
13
for a period of more than 6 weeks beginning at that time;
14
the employee's compensation rights are suspended during the
15
period that:
16
(d) begins at:
17
(i) the end of the first 6 weeks of the period mentioned in
18
paragraph (c); or
19
(ii) if, under subsection (9) or (10), the relevant authority
20
has approved the extension of the employee's absence
21
to a later time--that later time; and
22
(e) ends when:
23
(i) the employee returns to Australia; or
24
(ii) the employee's absence for private purposes becomes an
25
absence for work purposes;
26
whichever first happens.
27
(4) However, subsection (3) does not apply if:
28
(a) the employee returns to Australia for a period of less than 6
29
weeks; and
30
(b) when the employee began to be absent from Australia at the
31
end of that period, that absence was for work purposes.
32
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Safety, Rehabilitation and Compensation Amendment (Improving the
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117
Transitional
1
(5) If:
2
(a) at the commencement of this section, an employee was
3
absent from Australia for private purposes; and
4
(b) the employee is absent from Australia for private purposes
5
for a period of more than 6 weeks beginning at the
6
commencement of this section;
7
the employee's compensation rights are suspended during the
8
period that:
9
(c) begins at:
10
(i) the end of the first 6 weeks of the period mentioned in
11
paragraph (b); or
12
(ii) if, under subsection (9) or (10), the relevant authority
13
has approved the extension of the employee's absence
14
to a later time--that later time; and
15
(d) ends when:
16
(i) the employee returns to Australia; or
17
(ii) the employee's absence for private purposes becomes an
18
absence for work purposes;
19
whichever first happens.
20
(6) However, subsection (5) does not apply if:
21
(a) the employee returns to Australia for a period of less than 6
22
weeks; and
23
(b) when the employee began to be absent from Australia at the
24
end of that period, that absence was for work purposes.
25
Absence for work purposes
26
(7) For the purposes of this section, an employee is absent from
27
Australia for work purposes if, and only if:
28
(a) the employee is absent from Australia; and
29
(b) the employee is in suitable employment; and
30
(c) the suitable employment is the sole or dominant purpose of
31
that absence from Australia.
32
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No. , 2015
Absence for private purposes
1
(8) For the purposes of this section, an employee is absent from
2
Australia for private purposes if, and only if:
3
(a) the employee is absent from Australia; and
4
(b) that absence is not for work purposes.
5
Extension of absence
6
(9) If an employee is absent from Australia for private purposes, the
7
relevant authority may, by writing, approve the extension of that
8
absence to a specified time, if:
9
(a) the relevant authority is satisfied that the employee is unable
10
to return to Australia because of any of the following events:
11
(i) a serious accident involving the employee or a family
12
member of the employee;
13
(ii) a serious illness of the employee or a family member of
14
the employee;
15
(iii) the hospitalisation of the employee or a family member
16
of the employee;
17
(iv) the death of a family member of the employee;
18
(v) the employee's involvement in custody proceedings in
19
the country in which the employee is located;
20
(vi) a legal requirement for the employee to remain outside
21
Australia in connection with criminal proceedings (other
22
than criminal proceedings in respect of a crime alleged
23
to have been committed by the employee);
24
(vii) robbery or serious crime committed against the
25
employee or a family member of the employee;
26
(viii) a natural disaster in the country in which the employee
27
is located;
28
(ix) political or social unrest in the country in which the
29
employee is located;
30
(x) industrial action in the country in which the employee is
31
located;
32
(xi) a war in the country in which the employee is located;
33
and
34
(b) the event occurred or began when the employee was absent
35
from Australia; and
36
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Comcare Scheme) Bill 2015
119
(c) if the event is political or social unrest, industrial action or
1
war--the employee is not willingly involved in, or willingly
2
participating in, the event.
3
(10) If an employee is absent from Australia for private purposes, the
4
relevant authority may, by writing, approve the extension of that
5
absence to a specified time, if the relevant authority is satisfied that
6
there are special circumstances that warrant giving that approval.
7
Compensation rights
8
(11) For the purposes of this section, an employee's compensation
9
rights means the employee's rights:
10
(a) to compensation under section 19, 20, 21, 21A, 22 or 31; and
11
(b) to institute or continue any proceedings under this Act in
12
relation to compensation.
13
(12) If an employee's right to compensation is suspended under this
14
section, compensation is not payable in respect of the period of the
15
suspension.
16
Conditional weekly compensation payments
17
(13) If:
18
(a) an employee's compensation rights have been suspended
19
under this section; and
20
(b) the suspension ends when the employee returns to Australia;
21
any compensation paid to the employee under section 19, 20, 21A,
22
22 or 31 in respect of the first 6 weeks following the return to
23
Australia is subject to the condition that, throughout that 6-week
24
period, the employee will remain in Australia unless:
25
(c) the employee is absent from Australia for work purposes; or
26
(d) both:
27
(i) the employee is absent from Australia; and
28
(ii) the relevant authority has, by writing, approved the
29
employee's absence from Australia.
30
(14) The relevant authority must not give an approval under
31
paragraph (13)(d) unless the relevant authority is satisfied that
32
there are special circumstances that warrant giving that approval.
33
Schedule 7 Absences from Australia
Part 1 Amendments
120
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
(15) If the condition mentioned in subsection (13) is contravened in
1
relation to an amount of compensation that has been paid,
2
paragraph 114(1)(b) has effect as if that amount should not have
3
been paid.
4
Exemption
5
(16) The relevant authority may, by writing, exempt an employee from
6
this section if the relevant authority is satisfied that there are
7
special circumstances that warrant giving that exemption.
8
2 Subsection 60(1) (definition of determination)
9
After "25,", insert "29K,".
10
3 Subsection 120 (heading)
11
Repeal the heading, substitute:
12
120 Notice of departure from and return to Australia etc.
13
4 Subsection 120(1)
14
Omit "19 are being made, and have been made for a period of 3 months
15
or longer,", substitute "19, 20, 21, 21A, 22 or 31 are being made".
16
5 At the end of subsection 120(2)
17
Add:
18
; and (c) if the person proposes to return to Australia--specifying the
19
day on which the person proposes to return to Australia.
20
6 At the end of subsection 120(3)
21
Add:
22
; and (c) if the person proposes to return to Australia--specifying the
23
day on which the person proposes to return to Australia.
24
7 Subsections 120(4) and (5)
25
Repeal the subsections, substitute:
26
(4) If:
27
(a) the person gave a notice under subsection (2) in relation to a
28
proposal to leave Australia; and
29
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(b) the person left Australia more than 7 days after the day
1
specified in the notice as the day on which the person
2
proposed to leave Australia;
3
the person must:
4
(c) notify the relevant authority, in writing, of the day on which
5
the person left Australia; and
6
(d) do so within 7 days after the person left Australia.
7
(5) If:
8
(a) the person has left Australia in accordance with a notice
9
given under subsection (2); and
10
(b) the person has returned to Australia; and
11
(c) either:
12
(i) the notice did not specify the day on which the person
13
proposed to return to Australia; or
14
(ii) the person returned to Australia on a day other than the
15
day specified in the notice as the day on which the
16
person proposed to return to Australia;
17
the person must:
18
(d) notify the relevant authority, in writing, of the day the person
19
returned to Australia; and
20
(e) do so within 7 days after the person returned to Australia.
21
(6) If:
22
(a) the person gave a notice under subsection (3) in relation to
23
the person leaving Australia; and
24
(b) the person has returned to Australia; and
25
(c) either:
26
(i) the notice did not specify the day on which the person
27
proposed to return to Australia; or
28
(ii) the person returned to Australia on a day other than the
29
day specified in the notice as the day on which the
30
person proposed to return to Australia;
31
the person must:
32
(d) notify the relevant authority, in writing, of the day the person
33
returned to Australia; and
34
(e) do so within 7 days after the person returned to Australia.
35
Schedule 7 Absences from Australia
Part 1 Amendments
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Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
(7) A person commits an offence if:
1
(a) the person is subject to a requirement under subsection (3),
2
(4), (5) or (6); and
3
(b) the person omits to do an act; and
4
(c) the omission breaches the requirement.
5
Penalty: 10 penalty units.
6
(8) Subsection (7) is an offence of strict liability.
7
Note:
For strict liability, see section 6.1 of the Criminal Code.
8
(9) Subsection (7) does not apply if the person has a reasonable
9
excuse.
10
Note:
A defendant bears an evidential burden in relation to the matter in
11
subsection (9) (see subsection 13.3(3) of the Criminal Code).
12
Absences from Australia Schedule 7
Application and transitional provisions Part 2
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
123
Part 2
--Application and transitional provisions
1
8 Application of amendments
2
The amendments of section 120 of the Safety, Rehabilitation and
3
Compensation Act 1988 made by this Schedule apply in relation to a
4
person who leaves Australia after the commencement of this item.
5
9 Transitional
--notification of absence from Australia
6
Scope
7
(1)
This item applies to a person to whom payments of compensation under
8
section 19, 20, 21, 21A, 22 or 31 of the Safety, Rehabilitation and
9
Compensation Act 1988 are being made by a relevant authority.
10
Notification
11
(2)
If the person is absent from Australia at the commencement of this item,
12
the person must:
13
(a) notify the relevant authority, in writing, of the person's
14
absence from Australia; and
15
(b) do so within 7 days after the commencement of this item.
16
Offence
17
(3)
A person commits an offence if:
18
(a) the person is subject to a requirement under subitem (2); and
19
(b) the person omits to do an act; and
20
(c) the omission breaches the requirement.
21
Penalty: 10 penalty units.
22
(4)
Subitem (3) is an offence of strict liability.
23
Note:
For strict liability, see section 6.1 of the Criminal Code.
24
(5)
Subitem (3) does not apply if the person has a reasonable excuse.
25
Note:
A defendant bears an evidential burden in relation to the matter in subitem (5) (see
26
subsection 13.3(3) of the Criminal Code).
27
Schedule 8 Accrual of leave while receiving compensation
124
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
Schedule 8
--Accrual of leave while receiving
1
compensation
2
3
Safety, Rehabilitation and Compensation Act 1988
4
1 After subsection 116(1)
5
Insert:
6
(1A) Subsection (1) has no effect to the extent to which it is inconsistent
7
with section 130 of the Fair Work Act 2009.
8
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Amendments Part 1
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125
Schedule 9
--Calculation of compensation
1
Part 1
--Amendments
2
Safety, Rehabilitation and Compensation Act 1988
3
1 Subsection 4(1)
4
Insert:
5
average weekly remuneration means the average weekly
6
remuneration of an employee calculated under section 8.
7
eligible allowance means any of the following allowances payable
8
to an employee:
9
(a) an allowance payable in respect of a specific qualification
10
held by the employee;
11
(b) an allowance payable in respect of specific duties performed
12
by the employee;
13
(c) an allowance that is:
14
(i) payable because of specific circumstances in which the
15
employee performs the duties of his or her employment;
16
and
17
(ii) not intended to cover specific expenses incurred by the
18
employee;
19
(d) a location allowance that is:
20
(i) payable because the employee performs the duties of his
21
or her employment at a particular location; and
22
(ii) payable when the employee's primary place of
23
residence is at the location;
24
(e) a higher duties allowance;
25
(f) a shift allowance;
26
(g) an allowance prescribed by the regulations.
27
2 Subsection 4(1) (definition of employee)
28
Omit ", and also applies to persons 65 years of age or older".
29
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Part 1 Amendments
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Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
3 Subsection 4(1)
1
Insert:
2
fringe benefit has the same meaning as in the Fringe Benefits Tax
3
Assessment Act 1986 (as it applies of its own force or because of
4
the Fringe Benefits Tax (Application to the Commonwealth) Act
5
1986).
6
monetary remuneration means:
7
(a) salary or wages attributable to an employee's employment; or
8
(b) piece rates attributable to an employee's employment; or
9
(c) commissions attributable to an employee's employment; or
10
(d) eligible allowances attributable to an employee's
11
employment; or
12
(e) pay for overtime worked by an employee.
13
4 Subsection 4(1) (definition of normal weekly earnings)
14
Repeal the definition.
15
5 Subsection 4(1) (definition of normal weekly hours)
16
Repeal the definition.
17
6 Subsection 4(1)
18
Insert:
19
pension age has the meaning given by subsection 23(5A), (5B),
20
(5C) or (5D) of the Social Security Act 1991.
21
total remuneration of an employee has the meaning given by
22
section 8A.
23
7 Section 8 (heading)
24
Repeal the heading, substitute:
25
8 Average weekly remuneration
26
8 Subsections 8(1), (2) and (3)
27
Repeal the subsections, substitute:
28
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Amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
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127
(1) For the purposes of this Act, the average weekly remuneration of
1
an employee before an injury is calculated in relation to the
2
relevant period using the formula:
3
Total remuneration of the employee
Number of weeks in
for the relevant period
the relevant period
4
Other employment
5
(2) For the purposes of subsection (1), if:
6
(a) at the date of the injury, the employee was employed by the
7
Commonwealth or a licensed corporation in paid or unpaid
8
employment; and
9
(b) throughout the 6-week period ending at the date of the injury,
10
the employee was engaged in other employment; and
11
(c) in engaging in the other employment, the employee complied
12
with the terms and conditions of his or her employment by
13
the Commonwealth or the licensed corporation; and
14
(d) assuming section 8A applied to the other employment during
15
the relevant period in a corresponding way to the way in
16
which that section applies to employment by the
17
Commonwealth or the licensed corporation, any part of the
18
total remuneration of the employee for the relevant period is
19
attributable to the employee's other employment during the
20
relevant period;
21
that part is to be treated as a part of the total remuneration of the
22
employee for the relevant period.
23
9 Subsection 8(4)
24
Omit "normal weekly earnings" (first occurring), substitute "average
25
weekly remuneration".
26
10 Subsection 8(4)
27
Omit "or (2)" (first occurring).
28
11 Subsection 8(4)
29
Omit "normal weekly earnings" (second, third and fourth occurring),
30
substitute "average weekly remuneration".
31
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Part 1 Amendments
128
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
12 Subsection 8(4)
1
Omit "or (2), as the case requires".
2
13 Subsection 8(5)
3
Repeal the subsection.
4
14 Before subsection 8(6)
5
Insert:
6
Remuneration--increases and decreases
7
15 Subsections 8(6) and (7)
8
Omit "normal weekly earnings", substitute "average weekly
9
remuneration".
10
16 Paragraph 8(8)(a)
11
Repeal the paragraph, substitute:
12
(a) the employment of an employee is unpaid employment of a
13
kind referred to in paragraph (2)(a) of this section; and
14
17 Paragraph 8(8)(b)
15
Omit "earnings", substitute "remuneration".
16
18 Subsection 8(8)
17
Omit "normal weekly earnings", substitute "average weekly
18
remuneration".
19
19 Subsection 8(8)
20
Omit "been able to earn at the date of the injury (including any amount
21
in respect of overtime worked on a regular basis)", substitute "received
22
as remuneration at the date of the injury".
23
20 Subsections 8(9), (9B) and (9E)
24
Omit "normal weekly earnings", substitute "average weekly
25
remuneration".
26
Calculation of compensation Schedule 9
Amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
129
21 Paragraphs 8(9E)(a) and (b)
1
Omit "those earnings", substitute "the average weekly remuneration".
2
22 Subsection 8(9F)
3
Omit "normal weekly earnings", substitute "average weekly
4
remuneration".
5
23 Subsection 8(9F)
6
Omit "they are", substitute "it is".
7
24 After subsection 8(9G)
8
Insert:
9
(9H) If:
10
(a) apart from this subsection, the amount of the average weekly
11
remuneration of an employee before an injury is worked out
12
on the basis that the total remuneration of the employee for
13
the relevant period includes a location allowance that was
14
payable because the employee's primary place of residence
15
was at a particular location; and
16
(b) the employee's current primary place of residence is not at
17
that location;
18
the amount of the average weekly remuneration of the employee
19
before the injury is to be calculated as if the total remuneration of
20
the employee for the relevant period did not include the location
21
allowance.
22
25 Subsection 8(10)
23
Repeal the subsection, substitute:
24
(10) If the amount of the average weekly remuneration of an employee
25
before an injury, as calculated under the preceding subsections,
26
would exceed the amount per week of the remuneration that the
27
employee would receive if he or she were not incapacitated for
28
work, the amount so calculated is to be reduced by the amount of
29
the excess.
30
26 At the end of section 8
31
Add:
32
Schedule 9 Calculation of compensation
Part 1 Amendments
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Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
(11) For the purposes of subsection (10), if an employee is suspended
1
from his or her employment, he or she is taken to be employed
2
during the suspension.
3
(12) Subsections (6), (7), (9), (9H) and (10) operate from time to time
4
for the purposes of working out compensation payable under this
5
Act to an employee for a particular week.
6
27 After section 8
7
Insert:
8
8A Total remuneration
9
(1) For the purposes of calculating the average weekly remuneration of
10
an employee before an injury, the total remuneration of the
11
employee for the relevant period is the sum of the following:
12
(a) salary or wages attributable to the employee's employment
13
with the Commonwealth or a licensed corporation during the
14
relevant period;
15
(b) piece rates attributable to the employee's employment with
16
the Commonwealth or a licensed corporation during the
17
relevant period;
18
(c) commissions attributable to the employee's employment with
19
the Commonwealth or a licensed corporation during the
20
relevant period;
21
(d) the value of the fringe benefits that are attributable to the
22
employee's employment with the Commonwealth or a
23
licensed corporation during the relevant period;
24
(e) reportable employer superannuation contributions
25
attributable to the employee's employment with the
26
Commonwealth or a licensed corporation during the relevant
27
period;
28
(f) if the average weekly remuneration is to be used for working
29
out compensation payable under this Act to the employee in
30
respect of the injury for a week included in the first 104
31
weeks during which the employee is incapacitated--eligible
32
allowances attributable to the employee's employment with
33
the Commonwealth or a licensed corporation during the
34
relevant period;
35
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131
(g) if:
1
(i) the average weekly remuneration is to be used for
2
working out compensation payable under this Act to the
3
employee in respect of the injury for a week included in
4
the first 104 weeks during which the employee is
5
incapacitated; and
6
(ii) the employee worked overtime in connection with the
7
employee's employment with the Commonwealth or a
8
licensed corporation during the relevant period; and
9
(iii) it is likely that, if the employee had not suffered the
10
injury, the employee would have worked overtime in
11
connection with the employee's employment with the
12
Commonwealth or a licensed corporation during the
13
first 104 weeks during which the employee is
14
incapacitated;
15
the pay for overtime worked by the employee as mentioned
16
in subparagraph (ii) during the relevant period.
17
Value of fringe benefits
18
(2) For the purposes of paragraph (1)(d), the value of the fringe
19
benefits that are attributable to the employee's employment with
20
the Commonwealth or a licensed corporation during the relevant
21
period is:
22
(a) if the relevant period is included in a particular FBT year--
23
the amount that would be the employee's reportable fringe
24
benefits total for the income year in which that FBT year
25
ended if the modifications set out in subsection (3) were
26
made; or
27
(b) if a part of the relevant period is included in a particular FBT
28
year (the first FBT year) and the remainder of the relevant
29
period is included in the next FBT year--the sum of:
30
(i) the amount that would be the employee's reportable
31
fringe benefits total for the income year in which the
32
first FBT year ended if the modifications set out in
33
subsection (3) were made; and
34
(ii) the amount that would be the employee's reportable
35
fringe benefits total for the income year in which the
36
next FBT year ended if the modifications set out in
37
subsection (3) were made.
38
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Part 1 Amendments
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Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
(3) For the purposes of subsection (2), the modifications are as
1
follows:
2
(a) disregard any fringe benefit provided in respect of
3
employment that is not the employee's employment with the
4
Commonwealth or the licensed corporation;
5
(b) disregard any fringe benefit provided outside the relevant
6
period;
7
(c) disregard any fringe benefit if it is of a kind that continues to
8
be provided to the employee when the employee is
9
incapacitated for work.
10
Reportable employer superannuation contributions
11
(4) For the purposes of paragraph (1)(e), the reportable employer
12
superannuation contributions that are attributable to the employee's
13
employment with the Commonwealth or a licensed corporation
14
during the relevant period means:
15
(a) if the relevant period is included in a particular income
16
year--the amount that would be the employee's reportable
17
employer superannuation contributions for the income year if
18
the modifications set out in subsection (5) were made; or
19
(b) if a part of the relevant period is included in a particular
20
income year (the first income year) and the remainder of the
21
relevant period is included in the next income year--the sum
22
of:
23
(i) the amount that would be the employee's reportable
24
employer superannuation contributions for the first
25
income year if the modifications set out in
26
subsection (5) were made; and
27
(ii) the amount that would be the employee's reportable
28
employer superannuation contributions for the next
29
income year if the modifications set out in
30
subsection (5) were made.
31
(5) For the purposes of subsection (4), the modifications are as
32
follows:
33
(a) disregard any reportable employer superannuation
34
contribution that is not attributable to the employee's
35
employment with the Commonwealth or the licensed
36
corporation; and
37
Calculation of compensation Schedule 9
Amendments Part 1
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Safety, Rehabilitation and Compensation Amendment (Improving the
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133
(b) disregard any reportable employer superannuation
1
contribution to the extent that it is not attributable to the
2
relevant period.
3
Definitions
4
(6) In this section:
5
FBT year has the same meaning as in the Fringe Benefits Tax
6
Assessment Act 1986 (as it applies of its own force or because of
7
the Fringe Benefits Tax (Application to the Commonwealth) Act
8
1986).
9
income year has the same meaning as in the Income Tax
10
Assessment Act 1997.
11
reportable employer superannuation contributions has the same
12
meaning as in the Income Tax Assessment Act 1997.
13
reportable fringe benefits total has the same meaning as in the
14
Fringe Benefits Tax Assessment Act 1986 (as it applies of its own
15
force or because of the Fringe Benefits Tax (Application to the
16
Commonwealth) Act 1986).
17
28 Subsection 9(1)
18
Repeal the subsection, substitute:
19
Basic rule
20
(1) For the purposes of calculating the average weekly remuneration of
21
an employee before an injury, the relevant period is, subject to this
22
section, the latest period of 2 weeks before the date of the injury
23
during which the employee was continuously employed by the
24
Commonwealth or a licensed corporation.
25
29 Subsection 9(3)
26
Omit "normal weekly earnings" (wherever occurring), substitute
27
"average weekly remuneration".
28
30 At the end of section 9
29
Insert:
30
Schedule 9 Calculation of compensation
Part 1 Amendments
134
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
Alternative relevant period
1
(5) The relevant authority may determine that, for the purposes of
2
calculating the average weekly remuneration of an employee
3
before an injury, the relevant period is the period specified in the
4
determination, instead of the period calculated under the preceding
5
subsections.
6
(6) The relevant authority must not determine a period for an
7
employee under subsection (5) unless the relevant authority is
8
satisfied that the remuneration attributable to the employee's
9
employment during the period is a fair representation of the
10
remuneration that was attributable to the employee's employment
11
before the date of the injury concerned.
12
(7) A period determined by the relevant authority under subsection (5)
13
must consist of:
14
(a) a single week; or
15
(b) 2 or more weeks (whether consecutive or otherwise).
16
(8) If the relevant authority determines a period for an employee under
17
subsection (5), the relevant authority must notify the employee, in
18
writing, of the determination.
19
31 Subsections 19(2) to (3)
20
Repeal the subsections, substitute:
21
(2) Subject to this Part, Comcare is liable to pay to the employee in
22
respect of the injury, for each week during which the employee is
23
incapacitated for work as a result of the injury, an amount of
24
compensation worked out using the formula:
25
Adjustment
Average weekly
Applicable
percentage
remuneration
earnings
26
where:
27
adjustment percentage means:
28
(a) if the employee is incapacitated for work as a result of the
29
injury for 13 weeks or less--100%; or
30
(b) if the employee is incapacitated for work as a result of the
31
injury for more than 13 weeks--90%.
32
Calculation of compensation Schedule 9
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135
applicable earnings is the greater of the following amounts:
1
(a) the amount per week (if any) that the employee is able to
2
earn in suitable employment;
3
(b) the amount per week (if any) that the employee earns from
4
any employment (including self-employment) that is
5
undertaken by the employee during that week.
6
average weekly remuneration is the amount of the employee's
7
average weekly remuneration before the injury.
8
(2A) If the employee is incapacitated for work as a result of the injury
9
for at least 27 weeks but less than 53 weeks, the amount of
10
compensation payable to the employee in respect of a week under
11
subsection (2) must not exceed 80% of the employee's average
12
weekly remuneration before the injury.
13
(2B) If the employee is incapacitated for work as a result of the injury
14
for 53 weeks or more, the amount of compensation payable to the
15
employee in respect of a week under subsection (2) must not
16
exceed 70% of the employee's average weekly remuneration
17
before the injury.
18
(2C) For the purposes of subsections (2), (2A) and (2B), it is immaterial
19
whether the weeks mentioned in those subsections are consecutive.
20
32 Before subsection 19(3A)
21
Insert:
22
Pension payable under superannuation scheme
23
33 Subsection 19(3A)
24
Omit "subsection (3)", substitute "subsection (2)".
25
34 Before subsection 19(4)
26
Insert:
27
Amount per week employee is able to earn in suitable employment
28
35 Subsection 19(4)
29
Omit "subsections (2) and (3)", substitute "subsection (2)".
30
Schedule 9 Calculation of compensation
Part 1 Amendments
136
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
36 Subsections 19(5), (6) and (7)
1
Repeal the subsections, substitute:
2
(5) If:
3
(a) the employee is incapacitated for work as a result of the
4
injury for more than 13 weeks (whether consecutive or not);
5
and
6
(b) an amount of compensation calculated under subsection (2)
7
exceeds 150% of the amount called the Average Weekly
8
Ordinary Time Earnings of Full-time Adults, as published
9
from time to time by the Australian Statistician;
10
the amount of compensation calculated under subsection (2) is to
11
be reduced by an amount equal to the excess.
12
Minimum earnings protection
13
(6) If:
14
(a) the employee is incapacitated for work as a result of the
15
injury for more than 13 weeks (whether consecutive or not);
16
and
17
(b) the minimum earnings of the employee exceeds 90% of the
18
employee's average weekly remuneration before the injury;
19
subsections (2A) and (2B) do not apply to the calculation of the
20
amount of compensation under subsection (2).
21
(7) For the purposes of subsection (6), the minimum earnings of an
22
employee are taken to be:
23
(a) $446.84; or
24
(b) if subsection (8) or (9) applies in relation to the employee--
25
the sum of:
26
(i) $446.84; and
27
(ii) the amount or amounts required to be added under
28
whichever of those subsections applies.
29
37 Subsections 19(8) and (9)
30
Omit "$202 specified in paragraph (7)(a) ", substitute "$446.84
31
specified in subsection (7)".
32
Calculation of compensation Schedule 9
Amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
137
38 Subsection 20(3) (formula)
1
Repeal the formula, substitute:
2
Amount of compensation
Superannuation amount
3
39 Subsection 20(3) (definition of amount of compensation)
4
Repeal the definition, substitute:
5
amount of compensation means the amount of compensation that
6
would have been payable to the employee for a week if section 19
7
had applied to the employee.
8
40 Subsection 20(4)
9
Repeal the subsection.
10
41 Subsection 21(3) (formula)
11
Repeal the formula, substitute:
12
Amount of compensation
Weekly interest on the lump sum
13
42 Subsection 21(3) (definition of amount of compensation)
14
Repeal the definition, substitute:
15
amount of compensation means the amount of compensation that
16
would have been payable to the employee for a week if section 19
17
had applied to the employee.
18
43 Subsection 21(4)
19
Repeal the subsection.
20
44 Subsection 21A(3) (formula)
21
Repeal the formula, substitute:
22
Amount of
Superannuation amount
Weekly interest on
compensation
in relation to the person
the lump sum
23
45 Subsection 21A(3) (definition of amount of compensation)
24
Repeal the definition, substitute:
25
Schedule 9 Calculation of compensation
Part 1 Amendments
138
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
amount of compensation means the amount of compensation that
1
would have been payable to the employee for the relevant week if
2
section 19 had applied to the employee.
3
46 Subsection 21A(4)
4
Repeal the subsection.
5
47 Subsection 23(1)
6
Omit "65", substitute "pension age".
7
48 Subsections 23(1A) and (1B)
8
Omit "63 suffers an injury (whether before or after the commencement
9
of this subsection)", substitute "the age that is 2 years before pension
10
age suffers an injury".
11
49 Section 23A (heading)
12
Repeal the heading, substitute:
13
23A Repayment of monetary remuneration if compensation claim
14
successful
15
50 Paragraph 23A(1)(b)
16
Omit "Commonwealth salary etc. payment", substitute
17
"Commonwealth monetary payment".
18
51 Paragraph 23A(1)(b)
19
Omit "salary, wages or pay", substitute "monetary remuneration".
20
52 Subsection 23A(2)
21
Omit "salary etc.", substitute "monetary".
22
53 Subsection 23A(3) (note)
23
Omit "salary etc.", substitute "monetary".
24
54 Paragraph 23A(6)(a)
25
Omit "salary etc.", substitute "monetary".
26
Calculation of compensation Schedule 9
Amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
139
55 Subsection 23A(6)
1
Omit "of the Commonwealth salary etc.", substitute "of the
2
Commonwealth monetary".
3
56 Subsection 23A(9)
4
Omit "salary etc.", substitute "monetary".
5
57 Subsection 30(3) (paragraph (a) of the definition of
6
number of days)
7
Repeal the paragraph, substitute:
8
(a) if the employee is injured before reaching the age that is 2
9
years before pension age--on the day immediately before the
10
day on which the employee reaches pension age; and
11
58 Subsection 30(3) (paragraph (b) of the definition of
12
number of days)
13
Omit "63 years of age", substitute "the age that is 2 years before
14
pension age".
15
59 Subsection 33(1)
16
Omit "salary, wages or pay", substitute "monetary remuneration".
17
60 Paragraph 33(2)(e)
18
Omit "salary etc.", substitute "monetary".
19
61 Subsection 60(1) (definition of determination)
20
Before "14,", insert "9,".
21
62 Subsection 97F(1)
22
Omit "salary, wages or pay", substitute "monetary remuneration".
23
63 Subsection 112A(4) (note)
24
Omit "salary etc.", substitute "monetary remuneration".
25
64 Subsection 112B(4) (note)
26
Omit "salary etc.", substitute "monetary remuneration".
27
Schedule 9 Calculation of compensation
Part 1 Amendments
140
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
65 Subsection 131(2)
1
Omit "his or her normal weekly earnings", substitute "his or her average
2
weekly remuneration".
3
66 Subsection 131(2)
4
Omit "those normal weekly earnings", substitute "that average weekly
5
remuneration".
6
67 Subsection 131(2A)
7
Omit "employee's normal weekly earnings", substitute "employee's
8
average weekly remuneration".
9
68 Subsection 131(2A)
10
Omit "those increased normal weekly earnings" (wherever occurring),
11
substitute "that increased average weekly remuneration".
12
69 Subsection 131(3)
13
Omit "his or her normal weekly earnings", substitute "his or her average
14
weekly remuneration".
15
70 Subsection 131(3A)
16
Omit "employee's normal weekly earnings", substitute "employee's
17
average weekly remuneration".
18
71 Subsection 131(3A)
19
Omit "those increased normal weekly earnings" (wherever occurring),
20
substitute "that increased average weekly remuneration".
21
72 Subsection 131(4)
22
Omit "his or her normal weekly earnings" (wherever occurring),
23
substitute "his or her average weekly remuneration".
24
73 Paragraph 131(5)(b)
25
Omit "employee's normal weekly earnings", substitute "employee's
26
average weekly remuneration".
27
Calculation of compensation Schedule 9
Amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
141
74 Subsection 131(6)
1
Omit "employee's normal weekly earnings", substitute "employee's
2
average weekly remuneration".
3
75 Subsection 132(2)
4
Omit "his or her normal weekly earnings", substitute "his or her average
5
weekly remuneration".
6
76 Subsection 132(2)
7
Omit "those normal weekly earnings", substitute "that average weekly
8
remuneration".
9
77 Subsections 132(3) and (4)
10
Omit "his or her normal weekly earnings", substitute "his or her average
11
weekly remuneration".
12
78 Subsection 132(4)
13
Omit "those normal weekly earnings", substitute "that average weekly
14
remuneration".
15
79 Subsection 132(5)
16
Omit "employee's normal weekly earnings", substitute "employee's
17
average weekly remuneration".
18
80 Subsection 132(5)
19
Omit "those increased normal weekly earnings" (wherever occurring),
20
substitute "that increased average weekly remuneration".
21
81 Paragraph 132A(3)(b)
22
Omit "his or her normal weekly earnings", substitute "his or her average
23
weekly remuneration".
24
82 Subsection 137(5) (definition of number of days)
25
Omit "65 years of age", substitute "pension age".
26
Schedule 9 Calculation of compensation
Part 2 Application and transitional provisions
142
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
Part 2
--Application and transitional provisions
1
83 Application of amendments
2
(1)
The amendments made by this Schedule (other than the amendments of
3
sections 23A and 30, paragraph 33(2)(e) and sections 97F, 112A, 112B
4
and 137 of the Safety, Rehabilitation and Compensation Act 1988)
5
apply in relation to a payment of compensation in respect of a week that
6
began after the commencement of this item.
7
(2)
The amendments of section 23A, paragraph 33(2)(e) and sections 112A
8
and 112B of the Safety, Rehabilitation and Compensation Act 1988
9
made by this Schedule apply in relation to a payment made by the
10
Commonwealth after the commencement of this item.
11
(3)
The amendment of section 97F of the Safety, Rehabilitation and
12
Compensation Act 1988 made by this Schedule applies in relation to an
13
estimate given after the commencement of this item.
14
(4)
The amendment of section 137 of the Safety, Rehabilitation and
15
Compensation Act 1988 made by this Schedule applies in relation to a
16
determination made by the relevant authority after the commencement
17
of this item.
18
84 Transitional
--weekly compensation payments
19
(1)
In this item:
20
post-commencement week means a week that began after the
21
commencement of this item.
22
(2)
If, as at the commencement of this item, an employee has been
23
incapacitated for work as a result of an injury for a number of weeks
24
that is 13 or less:
25
(a) for each of the first 13 post-commencement weeks for which
26
the employee is incapacitated for work as a result of the
27
injury, section 19 of the Safety, Rehabilitation and
28
Compensation Act 1988 (as amended by this Schedule) has
29
effect in relation to the employee as if:
30
(i) the adjustment percentage were 100%; and
31
Calculation of compensation Schedule 9
Application and transitional provisions Part 2
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
143
(ii) subsections 19(2A) and (2B) of that Act had not been
1
enacted; and
2
(b) if the employee is incapacitated for work as a result of the
3
injury for at least 14 post-commencement weeks but less than
4
27 post-commencement weeks, section 19 of the Safety,
5
Rehabilitation and Compensation Act 1988 (as amended by
6
this Schedule) has effect in relation to the employee as if:
7
(i) the adjustment percentage were 90%; and
8
(ii) subsections 19(2A) and (2B) of that Act had not been
9
enacted; and
10
(c) if the employee is incapacitated for work as a result of the
11
injury for at least 27 post-commencement weeks but less than
12
53 post-commencement weeks, section 19 of the Safety,
13
Rehabilitation and Compensation Act 1988 (as amended by
14
this Schedule) has effect in relation to the employee as if:
15
(i) the adjustment percentage were 90%; and
16
(ii) the amount of compensation payable to the employee in
17
respect of the week under subsection 19(2) of that Act
18
must not exceed 80% of the employee's average weekly
19
remuneration before the injury; and
20
(iii) subsections 19(2A) and (2B) of that Act had not been
21
enacted; and
22
(d) if the employee is incapacitated for work as a result of the
23
injury for 53 post-commencement weeks or more, section 19
24
of the Safety, Rehabilitation and Compensation Act 1988 (as
25
amended by this Schedule) has effect in relation to the
26
employee as if:
27
(i) the adjustment percentage were 90%; and
28
(ii) the amount of compensation payable to the employee in
29
respect of the week under subsection 19(2) of that Act
30
must not exceed 70% of the employee's average weekly
31
remuneration before the injury; and
32
(iii) subsections 19(2A) and (2B) of that Act had not been
33
enacted.
34
(3)
If, as at the commencement of this item, an employee has been
35
incapacitated for work as a result of an injury for a number of weeks
36
that is at least 14 but less than 27:
37
Schedule 9 Calculation of compensation
Part 2 Application and transitional provisions
144
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
(a) for each of the first 13 post-commencement weeks for which
1
the employee is incapacitated for work as a result of the
2
injury, section 19 of the Safety, Rehabilitation and
3
Compensation Act 1988 (as amended by this Schedule) has
4
effect in relation to the employee as if:
5
(i) the adjustment percentage were 100%; and
6
(ii) subsections 19(2A) and (2B) of that Act had not been
7
enacted; and
8
(b) if the employee is incapacitated for work as a result of the
9
injury for at least 14 post-commencement weeks but less than
10
27 post-commencement weeks, section 19 of the Safety,
11
Rehabilitation and Compensation Act 1988 (as amended by
12
this Schedule) has effect in relation to the employee as if:
13
(i) the adjustment percentage were 90%; and
14
(ii) the amount of compensation payable to the employee in
15
respect of the week under subsection 19(2) of that Act
16
must not exceed 80% of the employee's average weekly
17
remuneration before the injury; and
18
(iii) subsections 19(2A) and (2B) of that Act had not been
19
enacted; and
20
(c) if the employee is incapacitated for work as a result of the
21
injury for 27 post-commencement weeks or more, section 19
22
of the Safety, Rehabilitation and Compensation Act 1988 (as
23
amended by this Schedule) has effect in relation to the
24
employee for a week as if:
25
(i) the adjustment percentage were 90%; and
26
(ii) the amount of compensation payable to the employee in
27
respect of the week under subsection 19(2) of that Act
28
must not exceed 70% of the employee's average weekly
29
remuneration before the injury; and
30
(iii) subsections 19(2A) and (2B) of that Act had not been
31
enacted.
32
(4)
If as at the commencement of this item, an employee has been
33
incapacitated for work as a result of an injury for a number of weeks
34
that is at least 27 but less than 46:
35
(a) for the purposes of this item, N is whichever is the lesser of:
36
(i) the difference between 45 and that number; and
37
(ii) 13; and
38
Calculation of compensation Schedule 9
Application and transitional provisions Part 2
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
145
(b) for each of the first N post-commencement weeks for which
1
the employee is incapacitated for work as a result of the
2
injury, section 19 of the Safety, Rehabilitation and
3
Compensation Act 1988 (as amended by this Schedule) has
4
effect in relation to the employee as if:
5
(i) the adjustment percentage were 100%; and
6
(ii) subsections 19(2A) and (2B) of that Act had not been
7
enacted; and
8
(c) for each later post-commencement week for which the
9
employee is incapacitated for work as a result of the injury,
10
section 19 of the Safety, Rehabilitation and Compensation
11
Act 1988 (as amended by this Schedule) has effect in relation
12
to the employee as if:
13
(i) the adjustment percentage were 90%; and
14
(ii) the amount of compensation payable to the employee in
15
respect of the week under subsection 19(2) of that Act
16
must not exceed 70% of the employee's average weekly
17
remuneration before the injury; and
18
(iii) subsections 19(2A) and (2B) of that Act had not been
19
enacted.
20
(5)
If, as at the commencement of this item, an employee has been
21
incapacitated for work as a result of an injury for 46 weeks or more,
22
then, for each post-commencement week for which the employee is
23
incapacitated for work as a result of the injury, section 19 of the Safety,
24
Rehabilitation and Compensation Act 1988 (as amended by this
25
Schedule) has effect in relation to the employee as if:
26
(a) the adjustment percentage were 90%; and
27
(b) the amount of compensation payable to the employee in
28
respect of the week under subsection 19(2) of that Act must
29
not exceed 70% of the employee's average weekly
30
remuneration before the injury; and
31
(c) subsections 19(2A) and (2B) of that Act had not been
32
enacted.
33
(6)
For the purposes of subitems (2), (3), (4) and (5), it is immaterial
34
whether the weeks mentioned in those subsections are consecutive.
35
Schedule 9 Calculation of compensation
Part 2 Application and transitional provisions
146
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
(7)
To avoid doubt, the effect that section 19 of the Safety, Rehabilitation
1
and Compensation Act 1988 (as amended by this Schedule) has in
2
relation to the employee:
3
(a) may be a direct result of compensation being payable under
4
that section to the employee; or
5
(b) may be an indirect result of working out the compensation
6
payable under section 20, 21, 21A, 22 or 31 to the employee.
7
85 Transitional
--average weekly remuneration
8
Subsection 8(9E) of the Safety, Rehabilitation and Compensation Act
9
1988 (as amended by this Schedule) has no effect in relation to 1 July in
10
a year unless that 1 July occurs after the 6-month period that began at
11
the commencement of this item.
12
86 Transitional
--indexation
13
Section 13 of the Safety, Rehabilitation and Compensation Act 1988
14
applies in relation to an amount specified in subsection 19(7), (8) or (9)
15
of that Act (as amended by this Schedule) as if the reference in the
16
definition of relevant year in subsection 13(1) of that Act to 1 July 1988
17
were a reference to 1 July next following the 6-month period that began
18
at the commencement of this item.
19
87 Transitional
--certain former employees
20
The amendments of sections 131, 132 and 132A of the Safety,
21
Rehabilitation and Compensation Act 1988 made by this Schedule do
22
not apply in relation to a former employee (within the meaning of
23
Part X of that Act) if it is not practicable to calculate the former
24
employee's average weekly remuneration.
25
Redemption of compensation Schedule 10
Amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
147
Schedule 10
--Redemption of compensation
1
Part 1
--Amendments
2
Safety, Rehabilitation and Compensation Act 1988
3
1 Paragraph 30(1)(b)
4
Omit "$50", substitute "$208.91".
5
2 Paragraph 137(1)(b)
6
Omit "$62.99", substitute "$208.91".
7
Schedule 10 Redemption of compensation
Part 2 Transitional provisions
148
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
Part 2
--Transitional provisions
1
3 Transitional
--indexation
2
Section 13 of the Safety, Rehabilitation and Compensation Act 1988
3
applies in relation to the amount specified in subsection 30(1) or 137(1)
4
of that Act (as amended by this Schedule) as if the reference in the
5
definition of relevant year in subsection 13(1) of that Act to 1 July 1988
6
were a reference to 1 July next following the 6-month period that began
7
at the commencement of this item.
8
Legal costs Schedule 11
Amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
149
Schedule 11
--Legal costs
1
Part 1
--Amendments
2
Safety, Rehabilitation and Compensation Act 1988
3
1 Subsection 4(1)
4
Insert:
5
Schedule of Legal Costs means the schedule prescribed under
6
section 67A.
7
2 After section 62
8
Insert:
9
62A Reimbursement of costs incurred by a claimant in connection
10
with reconsideration of a determination
11
(1) If:
12
(a) a decision has been made, following a reconsideration under
13
subsection 62(4):
14
(i) to vary a determination in a way that results in a more
15
favourable outcome for the claimant; or
16
(ii) to revoke a determination; and
17
(b) the claimant gives the determining authority a written
18
undertaking not to make an application to the Administrative
19
Appeals Tribunal for review of the decision;
20
the determining authority may reimburse the claimant for the
21
whole or a part of the costs reasonably incurred by the claimant in
22
connection with the reconsideration.
23
(2) In exercising the power conferred by subsection (1), the
24
determining authority must comply with the Schedule of Legal
25
Costs.
26
(3) If:
27
(a) a claimant has given an undertaking to the determining
28
authority under paragraph (1)(b) not to apply to the
29
Administrative Appeals Tribunal for review of a decision
30
Schedule 11 Legal costs
Part 1 Amendments
150
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
made following a reconsideration under subsection 62(4);
1
and
2
(b) the determining authority has paid the claimant an amount
3
under subsection (1) by way of reimbursement of the whole
4
or a part of the costs reasonably incurred by the claimant in
5
connection with the reconsideration;
6
the claimant is not entitled to make an application to the
7
Administrative Appeals Tribunal for review of the decision unless:
8
(c) the claimant has, by written notice given to the determining
9
authority, withdrawn the undertaking; and
10
(d) the claimant has repaid the amount to the determining
11
authority.
12
3 After subsection 66(1)
13
Insert:
14
(1A) If:
15
(a) proceedings have been instituted under this Part; and
16
(b) a party to the proceedings (other than the claimant) seeks to
17
adduce any matter in evidence before the Administrative
18
Appeals Tribunal in those proceedings; and
19
(c) the party had not disclosed that matter to the Tribunal at least
20
28 days before the day fixed for the hearing of those
21
proceedings;
22
that matter is not admissible in evidence in those proceedings
23
without the leave of the Tribunal.
24
4 Subsection 67(8A)
25
After "instituted by the Commonwealth", insert ", or a part of those
26
costs,".
27
5 Subsections 67(8B) and (9)
28
After "incurred by the claimant", insert ", or a part of those costs,".
29
6 Subsection 67(10)
30
After "pay", insert "the whole or a part of".
31
Legal costs Schedule 11
Amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
151
7 After subsection 67(10)
1
Insert:
2
(10A) In exercising a power conferred by subsection (8), (8A), (8B) or
3
(9), the Administrative Appeals Tribunal must comply with the
4
Schedule of Legal Costs.
5
(10B) If:
6
(a) a proceeding is instituted under this Part by the claimant; and
7
(b) the proceeding is dismissed under section 42B of the
8
Administrative Appeals Tribunal Act 1975;
9
the Administrative Appeals Tribunal may, on the application of
10
another party to the proceedings, order that the costs of the
11
proceeding incurred by the other party must be paid by the
12
claimant.
13
8 At the end of Part VI
14
Add:
15
67A Schedule of Legal Costs
16
(1) Comcare may, by legislative instrument, prescribe a Schedule of
17
Legal Costs that:
18
(a) provides that the amount paid under subsection 67(8) in
19
relation to a proceeding must not exceed the amount
20
specified in, or ascertained in accordance with, the Schedule
21
of Legal Costs; and
22
(b) provides that the amount paid under subsection 67(8A) in
23
relation to a proceeding must not exceed the amount
24
specified in, or ascertained in accordance with, the Schedule
25
of Legal Costs; and
26
(c) provides that the amount paid under subsection 67(8B) in
27
relation to a proceeding must not exceed the amount
28
specified in, or ascertained in accordance with, the Schedule
29
of Legal Costs; and
30
(d) provides that the amount paid under subsection 67(9) in
31
relation to a proceeding must not exceed the amount
32
specified in, or ascertained in accordance with, the Schedule
33
of Legal Costs.
34
Schedule 11 Legal costs
Part 1 Amendments
152
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
(2) The Schedule of Legal Costs may provide that the amount paid
1
under section 62A in relation to a reconsideration of a
2
determination must not exceed the amount specified in, or
3
ascertained in accordance with, the Schedule of Legal Costs.
4
(3) In exercising the power conferred by this section, Comcare must
5
comply with the regulations.
6
(4) Different amounts may be specified in, or ascertained in
7
accordance with, the Schedule of Legal Costs in different
8
circumstances.
9
(5) Those circumstances include the circumstance that:
10
(a) an agreement is reached between the parties to a proceeding,
11
or their representatives, as to the terms of the decision of the
12
Administrative Appeals Tribunal; and
13
(b) section 42C of the Administrative Appeals Tribunal Act 1975
14
applies to the agreement; and
15
(c) the agreement was reached as the result of a process set out
16
in the Schedule of Legal Costs.
17
(6) Subsection (5) does not limit subsection (4).
18
(7) Subsections (4), (5) and (6) do not limit subsection 33(3A) of the
19
Acts Interpretation Act 1901.
20
(8) Comcare must take all reasonable steps to ensure that a Schedule
21
of Legal Costs is in force at all times after the commencement of
22
this section.
23
Legal costs Schedule 11
Application provisions Part 2
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
153
Part 2
--Application provisions
1
9 Application of amendments
2
(1)
The amendment made by item 2 applies in relation to a decision made
3
after the commencement of this item.
4
(2)
The amendments made by items 3, 4, 5, 6, 7 and 8 apply in relation to
5
proceedings instituted after the commencement of this item.
6
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Part 1 Amendments
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Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
Schedule 12
--Permanent impairment
1
Part 1
--Amendments
2
Safety, Rehabilitation and Compensation Act 1988
3
1 Subsection 4(1) (definition of non-economic loss)
4
Repeal the definition.
5
2 Subsection 13(1) (definition of relevant amount)
6
Omit "27(2),".
7
3 At the end of subsection 24(1)
8
Add:
9
Note:
See also sections 28A, 28B and 28C.
10
4 Subsection 24(3)
11
After "(4)", insert "or (4A)".
12
5 Subsection 24(4)
13
Repeal the subsection, substitute:
14
(4) If the percentage determined by Comcare under subsection (5) is
15
75% or more, the amount assessed by Comcare is to be the
16
maximum amount.
17
(4A) If the percentage determined by Comcare under subsection (5) is
18
74% or less, the amount assessed by Comcare is to be the amount
19
worked out using the formula:
20
Percentage determined by
Multiplying
Maximum
Comcare under subsection (5)
factor
amount
21
where:
22
multiplying factor is the multiplying factor specified in an item of
23
the table in clause 1 of Schedule 1 for the percentage determined
24
by Comcare under subsection (5).
25
Permanent impairment Schedule 12
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155
6 After subsection 24(8)
1
Insert:
2
(8A) If, under section 28B, 2 or more injuries (the individual injuries)
3
to an employee are treated as a single injury, subsections (7), (7A)
4
and (8) do not apply to:
5
(a) any of those individual injuries; or
6
(b) the single injury.
7
(8B) Subject to section 25, if:
8
(a) under section 28B, 2 or more injuries to an employee are
9
treated as a single injury; and
10
(b) Comcare determines that the degree of permanent
11
impairment resulting from the single injury is less than 10%;
12
an amount of compensation is not payable to the employee under
13
this section.
14
7 Subsection 24(9)
15
Omit "$80,000", substitute "$350,000".
16
8 After subsection 25(3)
17
Insert:
18
(3A) Subsection (3) has effect subject to section 25A.
19
9 At the end of section 25
20
Add:
21
(6) If, under section 28B, 2 or more injuries (the individual injuries)
22
to an employee are treated as a single injury, subsections (4) and
23
(5) do not apply to:
24
(a) any of those individual injuries; or
25
(b) the single injury.
26
(7) If:
27
(a) under section 28B, 2 or more injuries to an employee are
28
treated as a single injury; and
29
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(b) Comcare has made a final assessment of the degree of
1
permanent impairment of the employee resulting from the
2
single injury;
3
no further amounts of compensation are payable to the employee in
4
respect of a subsequent increase in the degree of impairment,
5
unless the increase is 10% or more.
6
10 After section 25
7
Insert:
8
25A Reduction of compensation
9
(1) If:
10
(a) Comcare has made a determination that an employee is
11
suffering from a permanent impairment as a result of an
12
injury; and
13
(b) an amount of compensation has been paid to the employee
14
following the making of the determination; and
15
(c) the employee subsequently makes a claim for compensation
16
under this Division in relation to the injury;
17
the amount of compensation payable to the employee under this
18
Division on the determination of the claim is to be reduced (but not
19
below zero) by the total amount of compensation previously paid
20
to the employee under this Division in respect of the injury.
21
(2) For the purposes of this section, if, under section 28B, 2 or more
22
injuries (the individual injuries) are treated as a single injury:
23
(a) a determination in relation to any of the individual injuries is
24
taken to be, and to have been, a determination in relation to
25
that single injury; and
26
(b) a claim for compensation in relation to any of the individual
27
injuries is taken to be, and to have been, a claim for
28
compensation in relation to that single injury; and
29
(c) compensation paid in respect of any of the individual injuries
30
is taken to be, and to have been, compensation paid in respect
31
of that single injury.
32
11 Section 27
33
Repeal the section.
34
Permanent impairment Schedule 12
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No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
157
12 At the end of paragraph 28(1)(a)
1
Add "and".
2
13 Paragraph 28(1)(b)
3
Repeal the paragraph.
4
14 Paragraph 28(1)(c)
5
Omit "and the degree of non-economic loss".
6
15 After subsection 28(1)
7
Insert:
8
(1A) A Guide prepared under subsection (1) may set out methods by
9
which the degree of permanent impairment resulting from an injury
10
(expressed as a percentage) is to be reduced on account of an
11
employee having a degree (the pre-existing degree) of permanent
12
impairment immediately before the injury.
13
(1B) If:
14
(a) there is a pre-existing degree of permanent impairment; and
15
(b) the pre-existing degree of permanent impairment cannot be
16
determined under the provisions of the Guide;
17
the degree of permanent impairment resulting from the injury is to
18
be reduced by 10%.
19
(1C) A Guide prepared under subsection (1) may set out:
20
(a) criteria by which a pre-existing degree of permanent
21
impairment is to be determined; and
22
(b) methods by which the pre-existing degree of permanent
23
impairment is to be expressed as a percentage.
24
(1D) A reduction mentioned in subsection (1A) may be a reduction to
25
0%.
26
(1E) For the purposes of subsection (1A), it is immaterial whether the
27
permanent impairment immediately before the injury is permanent
28
impairment for which compensation has been paid, or is payable,
29
under this Division.
30
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Part 1 Amendments
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Comcare Scheme) Bill 2015
No. , 2015
16 Subsection 28(4)
1
Omit "or the degree of non-economic loss suffered by an employee,".
2
17 Subsection 28(5)
3
Omit "or non-economic loss".
4
18 Subsection 28(6)
5
Omit "paragraphs (1)(a) and (b)", substitute "paragraph (1)(a)".
6
19 Subsection 28(6)
7
Omit ", or non-economic loss resulting from the injury or impairment,".
8
20 At the end of Division 4 of Part II
9
Add:
10
28A Combined values--single injury
11
If a single injury to an employee results in 2 or more permanent
12
impairments, this Division has effect subject to the following
13
modifications:
14
(a) first, work out the degree of permanent impairment for each
15
of those permanent impairments as if paragraph (b) had not
16
been enacted;
17
(b) second, the degree of the permanent impairment of the
18
employee resulting from that injury (expressed as a
19
percentage) is to be ascertained in accordance with the
20
combined values chart set out in the approved Guide by
21
applying the chart to the degrees worked out under
22
paragraph (a).
23
28B Combined values--multiple injuries
24
If the following conditions are satisfied in relation to 2 or more
25
injuries to an employee:
26
(a) each of those injuries is an associated injury in relation to
27
each other of those injuries;
28
(b) each of those injuries results in one or more permanent
29
impairments:
30
Permanent impairment Schedule 12
Amendments Part 1
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Comcare Scheme) Bill 2015
159
this Division has effect subject to the following modifications:
1
(c) first, work out the degree of permanent impairment for each
2
of those permanent impairments as if paragraph (d) had not
3
been enacted;
4
(d) second:
5
(i) those injuries are to be treated as a single injury; and
6
(ii) that single injury is taken to have resulted in each of
7
those permanent impairments; and
8
(iii) the degree of permanent impairment of the employee
9
resulting from that single injury (expressed as a
10
percentage) is to be ascertained in accordance with the
11
combined values chart set out in the approved Guide by
12
applying the chart to the degrees worked out under
13
paragraph (c).
14
Note:
For associated injury, see section 6B.
15
28C Psychological or psychiatric ailments etc. that are secondary
16
injuries
17
For the purposes of this Division, if:
18
(a) an employee suffers an injury (the primary injury); and
19
(b) the primary injury results in another injury (the secondary
20
injury) to the employee; and
21
(c) the secondary injury is:
22
(i) a psychological or psychiatric ailment; or
23
(ii) an aggravation of a psychological or psychiatric
24
ailment; or
25
(iii) a psychological or psychiatric injury; or
26
(iv) an aggravation of a psychological or psychiatric injury;
27
then:
28
(d) this Division does not apply to the secondary injury; and
29
(e) for the purposes of this Division, disregard the secondary
30
injury in determining the degree of the permanent
31
impairment of the employee.
32
21 Paragraph 45(1)(a)
33
Omit "24, 25 or 27", substitute "24 or 25".
34
Schedule 12 Permanent impairment
Part 1 Amendments
160
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
22 Subsection 45(1)
1
Omit "24, 25 or 27" (last occurring), substitute "24 or 25".
2
23 Paragraph 45(2)(b)
3
Omit "24, 25 or 27", substitute "24 or 25".
4
24 Subsection 55(4)
5
Repeal the subsection.
6
25 Subsection 60(1) (definition of determination)
7
Omit "27,".
8
26 At the end of the Act
9
Add:
10
Schedule 1--Multiplying factors for
11
calculating compensation for injuries
12
resulting in permanent impairment
13
Note:
See subsection 24(4A).
14
15
16
1 Multiplying factors
17
For the purposes of subsection 24(4A), the following table is to be
18
used to work out the multiplying factor for a percentage
19
determined by Comcare under subsection 24(5):
20
21
Multiplying factors
Item
Percentage
Multiplying factor
1
1%
0.16
2
2%
0.17
3
3%
0.18
4
4%
0.19
5
5%
0.2
6
6%
0.21
Permanent impairment Schedule 12
Amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
161
Multiplying factors
Item
Percentage
Multiplying factor
7
7%
0.22
8
8%
0.23
9
9%
0.24
10
10%
0.25
11
11%
0.26
12
12%
0.27
13
13%
0.28
14
14%
0.29
15
15%
0.3
16
16%
0.31
17
17%
0.32
18
18%
0.33
19
19%
0.34
20
20%
0.35
21
21%
0.365
22
22%
0.38
23
23%
0.395
24
24%
0.41
25
25%
0.425
26
26%
0.44
27
27%
0.455
28
28%
0.47
29
29%
0.485
30
30%
0.5
31
31%
0.52
32
32%
0.54
33
33%
0.56
34
34%
0.58
35
35%
0.6
36
36%
0.62
37
37%
0.64
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Part 1 Amendments
162
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
Multiplying factors
Item
Percentage
Multiplying factor
38
38%
0.66
39
39%
0.68
40
40%
0.7
41
41%
0.73
42
42%
0.76
43
43%
0.79
44
44%
0.82
45
45%
0.85
46
46%
0.88
47
47%
0.91
48
48%
0.94
49
49%
0.97
50
50%
1
51
51%
1.014
52
52%
1.028
53
53%
1.042
54
54%
1.056
55
55%
1.07
56
56%
1.084
57
57%
1.098
58
58%
1.112
59
59%
1.126
60
60%
1.14
61
61%
1.154
62
62%
1.168
63
63%
1.182
64
64%
1.196
65
65%
1.21
66
66%
1.224
67
67%
1.238
68
68%
1.252
Permanent impairment Schedule 12
Amendments Part 1
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
163
Multiplying factors
Item
Percentage
Multiplying factor
69
69%
1.266
70
70%
1.28
71
71%
1.294
72
72%
1.308
73
73%
1.322
74
74%
1.336
1
Schedule 12 Permanent impairment
Part 2 Application and transitional provisions
164
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
Part 2
--Application and transitional provisions
1
27 Application of amendments
2
The amendments made by this Schedule apply in relation to the
3
determination of a claim for compensation under Division 4 of Part II of
4
the Safety, Rehabilitation and Compensation Act 1988 if the claim was
5
made after the commencement of this item.
6
28 Transitional
--claims
7
Scope
8
(1)
This item applies if, before the commencement of this item, an
9
employee made a claim (the old claim) for compensation under
10
Division 4 of Part II of the Safety, Rehabilitation and Compensation Act
11
1988 in relation to an injury.
12
New claim
13
(2)
After the commencement of this item, the employee is not entitled to
14
make a claim for compensation under Division 4 of Part II of the Safety,
15
Rehabilitation and Compensation Act 1988 (as amended by this
16
Schedule) in relation to the injury unless:
17
(a) the old claim has been finally determined; and
18
(b) the employee gives the relevant authority a written
19
undertaking:
20
(i) not to make a request under section 62 of that Act to
21
reconsider the determination of the old claim; and
22
(ii) not to apply to the Administrative Appeal Tribunal for
23
review of a decision made under section 62 of that Act
24
as the result of a reconsideration of the determination of
25
the old claim; and
26
(iii) not to institute any proceedings in a court (other than the
27
High Court) in relation to the determination of the old
28
claim.
29
(3)
The employee must comply with an undertaking given by the employee
30
under subitem (2).
31
(4)
If:
32
Permanent impairment Schedule 12
Application and transitional provisions Part 2
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
165
(a) the employee gives an undertaking under subitem (2); and
1
(b) at or after the time when the undertaking was given, the
2
employee makes a claim (the new claim) for compensation
3
under Division 4 of Part II of the Safety, Rehabilitation and
4
Compensation Act 1988 (as amended by this Schedule) in
5
relation to the injury mentioned in subitem (2); and
6
(c) the employee institutes proceedings in the High Court in
7
relation to the determination of the old claim mentioned in
8
subitem (2);
9
then:
10
(d) the relevant authority may defer considering and determining
11
the new claim until those proceedings have been finally
12
determined; and
13
(e) subsections 61(1A) to (1D) of the Safety, Rehabilitation and
14
Compensation Act 1988 (as amended by this Act) do not
15
apply to the new claim.
16
(5)
If:
17
(a) compensation under Division 4 of Part II of the Safety,
18
Rehabilitation and Compensation Act 1988 was paid to the
19
employee as a result of the determination of the old claim;
20
and
21
(b) after the commencement of this item, the employee makes a
22
claim (the new claim) for compensation under Division 4 of
23
Part II of the Safety, Rehabilitation and Compensation Act
24
1988 (as amended by this Schedule) in relation to the injury;
25
and
26
(c) the degree of permanent impairment is less than 10%;
27
compensation is not payable to the employee under that Division on the
28
determination of the new claim.
29
(6)
If, after the commencement of this item, the employee makes a claim
30
for compensation under Division 4 of Part II of the Safety,
31
Rehabilitation and Compensation Act 1988 (as amended by this
32
Schedule) in relation to the injury, the amount of compensation payable
33
to the employee under that Division on the determination of the claim is
34
to be reduced (but not below zero) by the total amount of compensation
35
previously paid to the employee under that Division (whether before or
36
after the commencement of this item) in respect of the injury.
37
Schedule 12 Permanent impairment
Part 2 Application and transitional provisions
166
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
Other matters
1
(7)
Sections 28A, 28B and 28C of the Safety, Rehabilitation and
2
Compensation Act 1988 (as amended by this Schedule) have effect as if
3
this item were a provision of Division 4 of Part II of that Act (as
4
amended by this Schedule).
5
(8)
For the purposes of this item, if, under section 28B of the Safety,
6
Rehabilitation and Compensation Act 1988 (as amended by this
7
Schedule), 2 or more injuries (the individual injuries) are treated as a
8
single injury:
9
(a) a determination in relation to any of the individual injuries is
10
taken to be, and to have been, a determination in relation to
11
that single injury; and
12
(b) a claim for compensation in relation to any of the individual
13
injuries is taken to be, and to have been, a claim for
14
compensation in relation to that single injury; and
15
(c) compensation paid in respect of any of the individual injuries
16
is taken to be, and to have been, compensation paid in respect
17
of that single injury.
18
29 Transitional
--indexation
19
Section 13 of the Safety, Rehabilitation and Compensation Act 1988
20
applies in relation to the amount specified in subsection 24(9) of that
21
Act (as amended by this Schedule) as if the reference in the definition
22
of relevant year in subsection 13(1) of that Act to 1 July 1988 were a
23
reference to 1 July next following the 6-month period that began at the
24
commencement of this item.
25
Licences Schedule 13
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
167
Schedule 13
--Licences
1
2
Safety, Rehabilitation and Compensation Act 1988
3
1 Subsection 4(10A)
4
Omit "a reference to that corporation", substitute:
5
a reference to:
6
(a) if that corporation is the licence holder of a single employer
7
licence--that corporation; or
8
(b) if that corporation is covered by a group employer licence--a
9
corporation that is designated by the licence as a relevant
10
authority for the licence.
11
2 At the end of subsection 4(10A)
12
Add:
13
Note:
See also subsection 108AA(2) (liability accepted by a relevant
14
authority on behalf of the corporations covered by a group employer
15
licence).
16
3 After section 104A
17
Add:
18
104B Single employer licence granted to a corporation must
19
authorise acceptance of liability and management of
20
claims
21
A single employer licence granted to a corporation must:
22
(a) authorise the licence holder, under section 108, to accept
23
liability to pay compensation and other amounts under this
24
Act in respect of:
25
(i) particular injury, loss or damage suffered by; or
26
(ii) the death of;
27
some or all of its employees; and
28
(b) authorise the licence holder (or a person acting on the licence
29
holder's behalf), under section 108B, to manage some or all
30
of the claims made by employees of the licence holder under
31
this Act.
32
Schedule 13 Licences
168
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
104C Single employer licence granted to a Commonwealth authority
1
must authorise acceptance of liability or management of
2
claims, or both
3
A single employer licence granted to a Commonwealth authority
4
must:
5
(a) authorise the licence holder, under section 108, to accept
6
liability to pay compensation and other amounts under this
7
Act in respect of:
8
(i) particular injury, loss or damage suffered by; or
9
(ii) the death of;
10
some or all of its employees; or
11
(b) authorise the licence holder (or a person acting on the licence
12
holder's behalf), under section 108B, to manage some or all
13
of the claims made by employees of the licence holder under
14
this Act;
15
or both.
16
104D Group employer licence must authorise acceptance of liability
17
and management of claims
18
A group employer licence must:
19
(a) authorise each relevant authority, under section 108AA, to
20
accept liability to pay compensation and other amounts under
21
this Act in respect of:
22
(i) particular injury, loss or damage suffered by; or
23
(ii) the death of;
24
some or all of the employees of the corporations that were
25
covered by the licence when the injury, loss, damage or death
26
occurred; and
27
(b) authorise each relevant authority (or a person acting on the
28
relevant authority's behalf), under section 108CA, to manage
29
some or all of the claims that the relevant authority is
30
authorised by the licence to accept.
31
4 At the end of section 108D
32
Add:
33
Licences Schedule 13
No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
169
Application of this Act
1
(3) If a single employer licence is granted, the application of this Act
2
is subject to the conditions to which the licence is subject.
3
5 At the end of section 108DA
4
Add:
5
Application of this Act
6
(6) If a group employer licence is issued, the application of this Act is
7
subject to the conditions to which the licence is subject.
8
Schedule 14 Gradual onset injuries
Part 1 General amendments
170
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
Schedule 14
--Gradual onset injuries
1
Part 1
--General amendments
2
Safety, Rehabilitation and Compensation Act 1988
3
1 Subsection 4(1)
4
Insert:
5
contributory employment, in relation to a gradual onset injury, has
6
the meaning given by section 7B.
7
financial authority responsible for a contributory employment,
8
when used in relation to a gradual onset injury, has the meaning
9
given by section 7B.
10
gradual onset injury has the meaning given by section 7B.
11
2 Before section 8
12
Insert:
13
7B Gradual onset injury
14
(1) For the purposes of this Act, a gradual onset injury is an injury
15
suffered by an employee, where:
16
(a) the injury is:
17
(i) a disease of gradual development; or
18
(ii) the result of a disease of gradual development; or
19
(b) the injury:
20
(i) results in a permanent impairment that is a hearing loss;
21
and
22
(ii) is caused by a gradual process.
23
Contributory employment and financial authority
24
(2) For the purposes of the application of this Act to a gradual onset
25
injury suffered by an employee, if the injury was contributed to, to
26
a significant degree, by:
27
(a) the employee's employment by an Entity; or
28
Gradual onset injuries Schedule 14
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No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
171
(b) the employee's employment by a Commonwealth authority
1
(other than a licensed authority); or
2
(c) the employee's employment by a licensee;
3
then:
4
(d) the employment is a contributory employment; and
5
(e) if paragraph (a) or (b) applies--Comcare is the financial
6
authority responsible for the contributory employment; and
7
(f) if paragraph (c) applies--the licensee is the financial
8
authority responsible for the contributory employment.
9
(3) Subsection (2) of this section does not apply to section 35.
10
3 After subsection 97A(1)
11
Insert:
12
(1A) In determining the amount of the premium payable by an Entity or
13
Commonwealth authority in respect of a financial year under
14
section 97, Comcare may have regard to the principle that, in the
15
case of a gradual onset injury that has 2 or more contributory
16
employments, the premium burden attributable to that injury
17
should be shared among Entities and Commonwealth authorities
18
according to the proportion of the contribution to the gradual onset
19
injury made by those contributory employments.
20
4 After Division 5 of Part VIII
21
Insert:
22
Division 5A--Gradual onset injuries
23
108DB Application of this Division
24
Scope
25
(1) This Division applies to:
26
(a) a gradual onset injury suffered by an employee; or
27
(b) an associated injury;
28
if:
29
(c) there are 2 or more contributory employments; and
30
Schedule 14 Gradual onset injuries
Part 1 General amendments
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Safety, Rehabilitation and Compensation Amendment (Improving the
Comcare Scheme) Bill 2015
No. , 2015
(d) at least one of those contributory employments is
1
employment by a licensed corporation.
2
Note 1:
For associated injury, see section 6B.
3
Note 2:
For contributory employment, see section 7B.
4
Most recent contributory employment
5
(2) For the purposes of the application of this Division to a gradual
6
onset injury, the most recent contributory employment is to be
7
ascertained as at the time when the gradual onset injury was
8
notified under section 53.
9
108DC Liability of Comcare
10
(1) Comcare is not liable to pay compensation or other amounts under
11
this Act in respect of a gradual onset injury or associated injury
12
unless the most recent contributory employment was:
13
(a) employment by an Entity; or
14
(b) employment by a Commonwealth authority (other than a
15
licensed authority).
16
(2) Subsection (1) does not apply to a liability under section 108DF.
17
108DD Liability of a licensee
18
(1) A licensee is not liable to pay compensation or other amounts
19
under this Act in respect of a gradual onset injury or associated
20
injury unless the most recent contributory employment was
21
employment by the licensee.
22
(2) Subsection (1) does not apply to a liability under section 108DF.
23
108DF Shared liability
24
Scope
25
(1) This section applies if:
26
(a) there is a gradual onset injury or associated injury; and
27
(b) a financial authority (the first financial authority)
28
responsible for a contributory employment has paid
29
compensation or another amount under this Act (other than
30
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173
this section) in respect of the gradual onset injury or
1
associated injury; and
2
(c) another financial authority is responsible for another
3
contributory employment.
4
Recovery of part of compensation from the other financial
5
authority
6
(2) The first financial authority and the other financial authority may
7
enter into an agreement under which the other financial authority
8
reimburses a part of the compensation or other amount paid by the
9
first financial authority.
10
(3) If the first financial authority and the other financial authority do
11
not enter into an agreement under subsection (2):
12
(a) the other financial authority is liable to pay to the first
13
financial authority an amount equal to the compensation or
14
other amount paid by the first financial authority multiplied
15
by the proportion of the contribution to the gradual onset
16
injury made by the other contributory employment; and
17
(b) an amount payable under paragraph (a) may be recovered by
18
the first financial authority by action in a court of competent
19
jurisdiction.
20
Payments to the other financial authority
21
(4) If the first financial authority has received an amount under
22
section 48, 50, 50A, 113, 114, 118 or 119 in relation to the gradual
23
onset injury or associated injury:
24
(a) the first financial authority must:
25
(i) pay to the other financial authority an amount equal to
26
the amount received multiplied by the proportion of the
27
contribution to the gradual onset injury made by the
28
other contributory employment; and
29
(ii) do so within 30 days after receiving the amount; and
30
(b) an amount payable under paragraph (a) may be recovered by
31
the other financial authority by action in a court of competent
32
jurisdiction.
33
(5) If an amount payable by the first financial authority under
34
subsection (4) remains unpaid after the end of that 30-day period:
35
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(a) the first financial authority is liable to pay to the other
1
financial authority, by way of penalty, an amount calculated,
2
at the percentage rate specified in the regulations, on the
3
amount unpaid, computed from the end of that 30-day period;
4
and
5
(b) an amount payable under paragraph (a) may be recovered by
6
the other financial authority by action in a court of competent
7
jurisdiction.
8
(6) An amount payable by the other financial authority under
9
subsection (3) is to be reduced by an amount paid to the other
10
financial authority under subsection (4).
11
108DG Constitutional limits
12
(1) This Division has no effect to the extent (if any) to which it
13
imposes taxation.
14
(2) This Division has no effect to the extent (if any) to which its
15
operation would result in an acquisition of property (within the
16
meaning of paragraph 51(xxxi) of the Constitution) otherwise than
17
on just terms (within the meaning of that paragraph).
18
Gradual onset injuries Schedule 14
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Rehabilitation and Compensation Legislation Amendment Act 2015 Part 2
No. , 2015
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Comcare Scheme) Bill 2015
175
Part 2
--Amendments contingent on the
1
commencement of Schedule 2 to the Safety,
2
Rehabilitation and Compensation
3
Legislation Amendment Act 2015
4
Safety, Rehabilitation and Compensation Act 1988
5
5 Paragraph 7B(2)(c)
6
Omit "a licensee;", substitute "the licence holder of a single employer
7
licence; or".
8
6 After paragraph 7B(2)(c)
9
Insert:
10
(ca) the employee's employment by a corporation covered by a
11
group employer licence;
12
7 Paragraph 7B(2)(f)
13
Omit "licensee", substitute "licence holder".
14
8 At the end of subsection 7B(2)
15
Add:
16
; and (g) if paragraph (ca) applies--the corporations covered by the
17
licence are the financial authority responsible for the
18
contributory employment.
19
9 At the end of section 7B
20
Add:
21
(4) For the purposes of subsection (2), corporation has the same
22
meaning as in Part VIII.
23
10 Paragraph 108DB(1)(d)
24
Repeal the paragraph, substitute:
25
(d) at least one of those contributory employments is:
26
(i) employment by the licence holder of a single employer
27
licence; or
28
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(ii) employment by a corporation covered by a group
1
employer licence.
2
11 Section 108DD (heading)
3
Repeal the heading, substitute:
4
108DD Liability of the licence holder of a single employer licence
5
12 Subsection 108DD(1)
6
Omit "A licensee", substitute "The licence holder of a single employer
7
licence".
8
13 Subsection 108DD(1)
9
Omit "by the licensee", substitute "by the licence holder".
10
14 After section 108DD
11
Insert:
12
108DE Liability of the corporations covered by a group employer
13
licence
14
(1) The corporations covered by a group employer licence are not
15
liable to pay compensation or other amounts under this Act in
16
respect of a gradual onset injury or related death unless the most
17
recent contributory employment was employment by one of those
18
corporations.
19
(2) Subsection (1) does not apply to a liability under section 108DF.
20
15 At the end of section 108DF
21
Add:
22
Group employer licence
23
(7) If the other financial authority consists of the corporations covered
24
by a group employer licence, those corporations are jointly and
25
severally liable to pay an amount payable by the other financial
26
authority under subsection (3).
27
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177
(8) If the first financial authority consists of the corporations covered
1
by a group employer licence, those corporations are jointly and
2
severally liable to pay an amount payable by the first financial
3
authority under subsection (4).
4
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Part 3
--Application provisions
1
16 Application of amendments
2
The amendment made by item 4 applies in relation to an injury
3
sustained by an employee after the commencement of this item.
4
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Schedule 15
--Sanctions
1
Part 1
--Amendments commencing on the day after
2
Royal Assent
3
Division 1
--Amendments
4
Safety, Rehabilitation and Compensation Act 1988
5
1 After Division 5 of Part II
6
Insert:
7
Division 5A--Suspension of rights to compensation
8
29G Requirement for the purposes of a common law claim against a
9
third party
10
(1) If:
11
(a) a claim is made, or the conduct of a claim is taken over,
12
under section 50; and
13
(b) an employee or dependant is subject to a requirement made
14
under subsection 50(5) for the purposes of the claim; and
15
(c) the employee or dependant fails to comply with such a
16
requirement;
17
the right of the employee or dependant to compensation under this
18
Act in respect of the injury, loss, damage or death to which the
19
claim relates is suspended until such time as the employee or
20
dependant complies with the requirement.
21
(2) However, subsection (1) does not operate to suspend the
22
employee's right to compensation for the cost of medical treatment
23
that is payable under section 16.
24
(3) If a right to compensation is suspended under subsection (1),
25
compensation is not payable in respect of the period of the
26
suspension.
27
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29J Requirement to give a statutory declaration
1
(1) If a claimant for compensation refuses or fails, without reasonable
2
excuse, to give a statutory declaration under subsection 118(3), the
3
claimant's rights:
4
(a) to compensation under this Act in respect of the injury or loss
5
of, or damage to, property to which the claim relates; and
6
(b) to institute or continue any proceedings under this Act in
7
relation to that compensation;
8
are suspended until the statutory declaration is given.
9
(2) However, subsection (1) does not operate to suspend the claimant's
10
right to compensation for the cost of medical treatment that is
11
payable under section 16.
12
(3) If a claimant's right to compensation is suspended under
13
subsection (1), compensation is not payable in respect of the period
14
of the suspension.
15
2 Subsections 50(5), (5A) and (6)
16
Repeal the subsections, substitute:
17
(5) If Comcare makes or takes over the conduct of a claim under this
18
section, the employee or dependant must comply with any
19
reasonable requirement of Comcare for the purposes of the claim.
20
3 Subsections 118(4) and (5)
21
Repeal the subsections.
22
Division 2
--Application and transitional provisions
23
4 Application of amendments
24
(1)
Section 29G of the Safety, Rehabilitation and Compensation Act 1988
25
(as amended by this Part) applies in relation to a requirement made
26
under subsection 50(5) of that Act after the commencement of this item.
27
(2)
Section 29J of the Safety, Rehabilitation and Compensation Act 1988
28
(as amended by this Part) applies in relation to a requirement made by a
29
relevant authority under subsection 118(3) of that Act after the
30
commencement of this item.
31
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181
5 Transitional provisions
1
(1)
Despite the repeal of subsections 50(5), (5A) and (6) of the Safety,
2
Rehabilitation and Compensation Act 1988 by this Part, those
3
subsections continue to apply, in relation to a requirement made under
4
subsection 50(5) of that Act before the commencement of this item, as
5
if that repeal had not happened.
6
(2)
Despite the repeal of subsections 118(4) and (5) of the Safety,
7
Rehabilitation and Compensation Act 1988 by this Part, those
8
subsections continue to apply, in relation to a requirement made by a
9
relevant authority under subsection 118(3) of that Act before the
10
commencement of this item, as if that repeal had not happened.
11
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Part 2
--Amendments commencing on Proclamation
1
Division 1
--Amendments
2
Safety, Rehabilitation and Compensation Act 1988
3
6 Subsection 4(1)
4
Insert:
5
breach of an obligation of mutuality means an act or omission that
6
is declared by this Act to be a breach of an obligation of mutuality.
7
cancellation regime: see section 29Z.
8
legally qualified psychologist means a person registered under a
9
Health Practitioner Regulation National Law in the psychology
10
profession (other than as a student).
11
level 1 sanctions regime: see section 29W.
12
level 2 sanctions regime: see section 29X.
13
qualifying occasion has the meaning given by section 29ZD.
14
7 Subsections 4(10) and (10A)
15
Before "Part III", insert "section 29H or".
16
8 Paragraph 29G(1)(b)
17
Omit "an employee or dependant", substitute "a dependant".
18
9 Subsection 29G(1)
19
Omit "the employee or dependant" (wherever occurring), substitute "the
20
dependant".
21
10 Subsection 29G(2)
22
Repeal the subsection.
23
11 After section 29G
24
Insert:
25
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183
29H Confirmation diagnosis not obtained for a psychological or
1
psychiatric ailment or injury
2
(1) If:
3
(a) an employee is incapacitated for work as a result of an injury
4
that is:
5
(i) a psychological or psychiatric ailment; or
6
(ii) an aggravation of a psychological or psychiatric
7
ailment; or
8
(iii) a psychological or psychiatric injury; or
9
(iv) an aggravation of a psychological or psychiatric injury;
10
and
11
(b) the employee makes a claim for compensation in relation to
12
the injury; and
13
(c) the employee's claim is not accompanied by a certificate by a
14
mental health practitioner;
15
the employee must:
16
(d) both:
17
(i) undergo an examination by a mental health practitioner;
18
and
19
(ii) give the relevant authority a certificate by the mental
20
health practitioner; and
21
(e) do so within 12 weeks after the employee makes the claim.
22
Suspension of compensation
23
(2) If an employee refuses or fails, without reasonable excuse, to
24
comply with subsection (1), the employee's rights:
25
(a) to compensation under section 19, 20, 21, 21A, 22 or 31 in
26
relation to the injury; and
27
(b) to institute or continue any proceedings under this Act in
28
relation to compensation under section 19, 20, 21, 21A, 22 or
29
31 in relation to the injury;
30
are suspended until the employee:
31
(c) undergoes an examination by a mental health practitioner;
32
and
33
(d) gives the relevant authority a certificate by the mental health
34
practitioner.
35
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(3) If an employee's right to compensation is suspended under
1
subsection (2), compensation is not payable in respect of the period
2
of the suspension.
3
Cost of examination etc.
4
(4) The relevant authority is liable to pay:
5
(a) the cost of conducting an examination mentioned in
6
paragraph (1)(d) or (2)(c); and
7
(b) an amount equal to the amount of the expenditure reasonably
8
incurred by the employee:
9
(i) in making a necessary journey in connection with the
10
examination; or
11
(ii) in remaining, for the purposes of the examination, at a
12
place to which the employee has made a journey for that
13
purpose.
14
(5) The matters to which the relevant authority is to have regard in
15
deciding questions arising under paragraph (4)(b) include:
16
(a) the means of transport available to the employee for the
17
journey; and
18
(b) the route or routes by which the employee could have
19
travelled; and
20
(c) the accommodation available to the employee.
21
Mental health practitioner
22
(6) For the purposes of this section, mental health practitioner means:
23
(a) a legally qualified medical practitioner who is registered
24
under a Health Practitioner Regulation National Law in the
25
speciality of psychiatry (other than as a student); or
26
(b) a legally qualified psychologist who is registered under a
27
Health Practitioner Regulation National Law in the speciality
28
of clinical psychology (other than as a student); or
29
(c) a legally qualified medical practitioner who has completed
30
mental health training, where the training was covered by an
31
approval under subsection (7).
32
(7) For the purposes of paragraph (6)(c), Comcare may, by writing,
33
approve specified mental health training.
34
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Safety, Rehabilitation and Compensation Amendment (Improving the
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185
(8) An approval under subsection (7) is not a legislative instrument.
1
Other matters
2
(9) For the purposes of this section, certificate means a certificate in
3
accordance with the form approved by Comcare for the purposes of
4
paragraph 54(2)(b).
5
12 Subsection 29J(1)
6
After "claimant for compensation", insert "(other than an employee)".
7
13 Subsection 29J(2)
8
Repeal the subsection.
9
14 Before Division 6 of Part II
10
Insert:
11
Division 5B--Obligations of mutuality
12
Subdivision A--Breach of obligation of mutuality
13
29L Suitable employment
14
Failure to accept offer of suitable employment
15
(1) If:
16
(a) payments of compensation under section 19, 20, 21, 21A or
17
31 are being made to an employee because the employee is
18
incapacitated for work because of an injury; and
19
(b) the employee has the potential to be in suitable employment;
20
and
21
(c) the employee received an offer of suitable employment; and
22
(d) the employee failed to accept that offer; and
23
(e) the employee did not have a reasonable excuse for the failure
24
to accept that offer;
25
then:
26
(f) the employee's failure to accept that offer is a breach of an
27
obligation of mutuality; and
28
(g) the breach is taken to be in connection with:
29
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(i) the injury; and
1
(ii) each associated injury.
2
Note:
For associated injury, see section 6B.
3
(2) Subsection (1) does not apply in such circumstances as are set out
4
in the regulations.
5
Failure to engage, or to continue to engage, in suitable
6
employment
7
(3) If:
8
(a) payments of compensation under section 19, 20, 21, 21A or
9
31 are being made to an employee because the employee is
10
incapacitated for work because of an injury; and
11
(b) the employee has the potential to be in suitable employment;
12
and
13
(c) the employee received an offer of suitable employment; and
14
(d) having accepted that offer, the employee failed to engage, or
15
to continue to engage, in that employment; and
16
(e) the employee did not have a reasonable excuse for the failure
17
to engage, or to continue to engage, in that employment;
18
then:
19
(f) the employee's failure to engage, or to continue to engage, in
20
that employment is a breach of an obligation of mutuality;
21
and
22
(g) the breach is taken to be in connection with:
23
(i) the injury; and
24
(ii) each associated injury.
25
Note:
For associated injury, see section 6B.
26
(4) Subsection (3) does not apply in such circumstances as are set out
27
in the regulations.
28
Failure to seek suitable employment
29
(5) If:
30
(a) payments of compensation under section 19, 20, 21, 21A or
31
31 are being made to an employee because the employee is
32
incapacitated for work because of an injury; and
33
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(b) the employee has the potential to be in suitable employment;
1
and
2
(c) the employee failed to seek suitable employment; and
3
(d) the employee did not have a reasonable excuse for the failure
4
to seek suitable employment;
5
then:
6
(e) the employee's failure to seek suitable employment is a
7
breach of an obligation of mutuality; and
8
(f) the breach is taken to be in connection with:
9
(i) the injury; and
10
(ii) each associated injury.
11
Note:
For associated injury, see section 6B.
12
(6) Subsection (5) does not apply in such circumstances as are set out
13
in the regulations.
14
Potential to be in suitable employment
15
(7) For the purposes of this section, the potential of an employee to be
16
in suitable employment is to be ascertained having regard to:
17
(a) the potential of the employee to be rehabilitated; and
18
(b) the potential of the employee to benefit from medical
19
treatment; and
20
(c) any other relevant matters.
21
29M Medical examination
22
If:
23
(a) an employee is required to undergo an examination under
24
subsection 57(1); and
25
(b) the employee:
26
(i) refuses or fails, without reasonable excuse, to undergo
27
the examination; or
28
(ii) in any way obstructs the examination;
29
then:
30
(c) the employee's refusal or failure, or obstruction, as the case
31
may be, is a breach of an obligation of mutuality; and
32
(d) the breach is taken to be in connection with:
33
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(i) the injury to which the examination relates; and
1
(ii) each associated injury.
2
Note:
For associated injury, see section 6B.
3
29N Employee absent from work without a medical certificate etc.
4
Scope
5
(1) This section applies to an employee if:
6
(a) payments of compensation under section 19, 20, 21, 21A, 22
7
or 31 are being made to the employee because the employee
8
is incapacitated for work because of an injury; and
9
(b) the employee is in suitable employment; and
10
(c) under the terms and conditions of the suitable employment,
11
the employee is required to produce a medical certificate that
12
covers an absence of the employee from work; and
13
(d) the employee refuses or fails, without reasonable excuse, to
14
produce the certificate:
15
(i) within the period allowed under the terms and
16
conditions of the suitable employment; or
17
(ii) if the terms and conditions of the suitable employment
18
do not specify a period within which the certificate must
19
be produced--as soon as reasonably practicable.
20
Breach of obligation of mutuality
21
(2) The following provisions have effect:
22
(a) the employee's refusal or failure to produce the certificate is
23
a breach of an obligation of mutuality;
24
(b) the breach is taken to be in connection with:
25
(i) the injury mentioned in paragraph (1)(a); and
26
(ii) each associated injury.
27
Note:
For associated injury, see section 6B.
28
Medical certificate
29
(3) For the purposes of this section, medical certificate means a
30
certificate issued by a legally qualified medical practitioner or a
31
legally qualified dentist.
32
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29P Employee does not follow medical treatment advice
1
Scope
2
(1) This section applies if:
3
(a) payments of compensation under section 19, 20, 21, 21A, 22
4
or 31 are being made to an employee because the employee is
5
incapacitated for work as a result of an injury; and
6
(b) the employee has received medical treatment advice from a
7
legally qualified medical practitioner or a legally qualified
8
dentist; and
9
(c) the medical treatment advice is reasonable; and
10
(d) the employee refuses or fails, without reasonable excuse, to
11
follow the medical treatment advice:
12
(i) if the advice specifies a period within which the advice
13
should be followed--within that period; or
14
(ii) otherwise--as soon as reasonably practicable.
15
Breach of obligation of mutuality
16
(2) The following provisions have effect:
17
(a) the employee's refusal or failure to follow the medical
18
treatment advice is a breach of an obligation of mutuality;
19
(b) the breach is taken to be in connection with:
20
(i) the injury mentioned in paragraph (1)(a); and
21
(ii) each associated injury.
22
Note:
For associated injury, see section 6B.
23
Reasonable excuse
24
(3) For the purposes of this section, it is a reasonable excuse if:
25
(a) the employee defers following the medical treatment advice
26
mentioned in paragraph (1)(b) for a reasonable period; and
27
(b) the employee does so in order to obtain a second opinion
28
from another legally qualified medical practitioner or another
29
legally qualified dentist.
30
(4) For the purposes of this section, it is a reasonable excuse if the
31
employee:
32
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(a) receives medical treatment advice from another legally
1
qualified medical practitioner or another legally qualified
2
dentist; and
3
(b) follows the medical treatment advice given by the other
4
legally qualified medical practitioner or the other legally
5
qualified dentist, as the case may be; and
6
(c) disregards the medical treatment advice mentioned in
7
paragraph (1)(b).
8
(5) For the purposes of this section, it is a reasonable excuse if:
9
(a) the employee refuses to undergo surgery; or
10
(b) the employee refuses to take or use a medicine.
11
Medical treatment advice
12
(6) For the purposes of this section, medical treatment advice means
13
advice to do either or both of the following:
14
(a) to obtain one or more items of medical treatment in relation
15
to the injury mentioned in paragraph (1)(a);
16
(b) to engage in conduct that is incidental to obtaining any or all
17
of those items of medical treatment.
18
Incidental conduct
19
(7) For the purposes of this section, if a person engages in conduct that
20
is:
21
(a) preparatory to an item of medical treatment; or
22
(b) ancillary to an item of medical treatment; or
23
(c) otherwise directed towards ensuring that the person derives
24
the full benefit of an item of medical treatment;
25
the conduct is taken to be incidental to obtaining the item of
26
medical treatment.
27
Engage in conduct
28
(8) For the purposes of this section, engage in conduct means:
29
(a) do an act; or
30
(b) omit to perform an act.
31
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29Q Assessment of need for household services and attendant care
1
services
2
If an employee:
3
(a) refuses or fails, without reasonable excuse, to undergo an
4
assessment in accordance with a requirement under
5
subsection 29B(1); or
6
(b) in any way obstructs such an assessment;
7
then:
8
(c) the employee's refusal or failure, or obstruction, as the case
9
may be, is a breach of an obligation of mutuality; and
10
(d) the breach is taken to be in connection with:
11
(i) the injury to which the assessment relates; and
12
(ii) each associated injury.
13
Note:
For associated injury, see section 6B.
14
29R Workplace rehabilitation plan
15
If an employee refuses or fails, without reasonable excuse, to fulfil
16
the employee's responsibilities under a workplace rehabilitation
17
plan for the employee in relation to an injury, then:
18
(a) the employee's refusal or failure to fulfil those
19
responsibilities is a breach of an obligation of mutuality; and
20
(b) the breach is taken to be in connection with:
21
(i) the injury; and
22
(ii) each associated injury.
23
Note:
For associated injury, see section 6B.
24
29S Work readiness assessment
25
If:
26
(a) an employee is required under section 38B to undergo a work
27
readiness assessment because the employee has suffered an
28
injury resulting in an incapacity for work; and
29
(b) the employee:
30
(i) refuses or fails, without reasonable excuse, to undergo
31
the assessment; or
32
(ii) in any way obstructs the assessment;
33
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then:
1
(c) the employee's refusal or failure, or obstruction, as the case
2
may be, is a breach of an obligation of mutuality; and
3
(d) the breach is taken to be in connection with:
4
(i) the injury; and
5
(ii) each associated injury.
6
Note:
For associated injury, see section 6B.
7
29T Information notices
8
(1) If an employee refuses or fails, without reasonable excuse, to
9
comply with a notice under subsection 58(1) that relates to a claim
10
made by the employee:
11
(a) the employee 's refusal or failure to comply with the notice is
12
a breach of an obligation of mutuality; and
13
(b) the breach is taken to be in connection with:
14
(i) the injury to which the claim relates; and
15
(ii) each associated injury.
16
Note:
For associated injury, see section 6B.
17
(2) If an employee refuses or fails, without reasonable excuse, to
18
comply with a notice under subsection 120A(1), then:
19
(a) the employee's refusal or failure to comply with the notice is
20
a breach of an obligation of mutuality; and
21
(b) the breach is taken to be in connection with:
22
(i) the injury to which the notice relates; and
23
(ii) each associated injury.
24
Note:
For associated injury, see section 6B.
25
29U Requirement for the purposes of a common law claim against a
26
third party
27
If:
28
(a) a claim is made, or the conduct of a claim is taken over,
29
under section 50; and
30
(b) an employee is subject to a requirement under
31
subsection 50(5) for the purposes of the claim; and
32
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(c) the employee refuses or fails, without reasonable excuse, to
1
comply with such a requirement;
2
then:
3
(d) the employee's refusal or failure to comply with the
4
requirement is a breach of an obligation of mutuality; and
5
(e) the breach is taken to be in connection with:
6
(i) the injury to which the claim relates; and
7
(ii) each associated injury.
8
Note:
For associated injury, see section 6B.
9
29V Requirement to give a statutory declaration
10
If:
11
(a) an employee is subject to a requirement under
12
subsection 118(3) to give a statutory declaration in relation to
13
a claim; and
14
(b) the employee refuses or fails, without reasonable excuse, to
15
comply with such a requirement;
16
then:
17
(c) the employee's refusal or failure to comply with the
18
requirement is a breach of an obligation of mutuality; and
19
(d) the breach is taken to be in connection with:
20
(i) the injury to which the claim relates; and
21
(ii) each associated injury.
22
Note:
For associated injury, see section 6B.
23
Subdivision B--Sanctions
24
29W Level 1 sanctions regime
25
(1) If:
26
(a) at a particular time, the relevant authority is satisfied that,
27
during the 12-month period ending at that time, there was a
28
qualifying occasion on which an employee breached an
29
obligation of mutuality in relation to an injury; and
30
(b) the employee is not subject to the level 2 sanctions regime in
31
relation to:
32
(i) the injury mentioned in paragraph (a); or
33
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(ii) an associated injury; and
1
(c) the employee is not subject to the cancellation regime in
2
relation to:
3
(i) the injury mentioned in paragraph (a); or
4
(ii) an associated injury; and
5
(d) the employee is not already subject to the level 1 sanctions
6
regime in relation to:
7
(i) the injury mentioned in paragraph (a); or
8
(ii) an associated injury;
9
the relevant authority must, by written notice given to the
10
employee:
11
(e) determine that the employee is subject to the level 1
12
sanctions regime in relation to:
13
(i) the injury mentioned in paragraph (a); and
14
(ii) each associated injury; and
15
(f) if:
16
(i) the breach is not covered by section 29L; and
17
(ii) the breach has not stopped;
18
determine that, if the breach continues for longer than the
19
specified number of days after the notice was given, the time
20
immediately after the end of that specified number of days
21
will be treated as a separate qualifying occasion on which the
22
employee breaches an obligation of mutuality in relation to
23
the injury mentioned in paragraph (a).
24
Note 1:
For associated injury, see section 6B.
25
Note 2:
For qualifying occasion, see section 29ZD.
26
(2) For the purposes of subparagraph (1)(e)(ii), it is immaterial
27
whether an associated injury is sustained after the determination
28
was made.
29
(3) The number of days specified under paragraph (1)(f) must be 30 or
30
more.
31
(4) A determination under subsection (1) must be accompanied by a
32
statement that:
33
(a) sets out the nature, and brief details, of the breach; and
34
(b) explains the consequences of the determination; and
35
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(c) sets out the effect of sections 29X, 29Y, 29Z and 29ZA; and
1
(d) if the breach is covered by section 29L--sets out the effect of
2
subsections 19(2), (2A), (2B) and (4); and
3
(e) if:
4
(i) the breach is not covered by section 29L; and
5
(ii) the breach has not stopped;
6
sets out the action that the employee should take in order to
7
stop the breach; and
8
(f) if:
9
(i) the breach is not covered by section 29L; and
10
(ii) the breach has stopped;
11
sets out the date when the breach stopped; and
12
(g) sets out such other matters (if any) as are specified in the
13
regulations.
14
(5) A determination under subsection (1):
15
(a) comes into force at a time specified in the determination; and
16
(b) remains in force until the employee becomes subject to the
17
level 2 sanctions regime.
18
(6) The time specified under paragraph (5)(a):
19
(a) must not be earlier than immediately after the occasion
20
mentioned in paragraph (1)(a); and
21
(b) must not be later than the day on which the determination is
22
given to the employee.
23
29X Level 2 sanctions regime
24
(1) If:
25
(a) at a particular time, the relevant authority is satisfied that,
26
during the 12-month period ending at that time, there was a
27
qualifying occasion on which an employee breached an
28
obligation of mutuality in relation to an injury; and
29
(b) the qualifying occasion occurred when the employee was
30
subject to the level 1 sanctions regime in relation to:
31
(i) the injury mentioned in paragraph (a); or
32
(ii) an associated injury; and
33
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(c) the employee is not subject to the cancellation regime in
1
relation to:
2
(i) the injury mentioned in paragraph (a); or
3
(ii) an associated injury; and
4
(d) the employee is not already subject to the level 2 sanctions
5
regime in relation to:
6
(i) the injury mentioned in paragraph (a); or
7
(ii) an associated injury;
8
the relevant authority must, by written notice given to the
9
employee:
10
(e) determine that the employee is subject to the level 2
11
sanctions regime in relation to:
12
(i) the injury mentioned in paragraph (a); and
13
(ii) each associated injury; and
14
(f) if:
15
(i) the breach is not covered by section 29L; and
16
(ii) the breach has not stopped;
17
determine that, if the breach continues for longer than the
18
specified number of days after the notice was given, the time
19
immediately after the end of that specified number of days
20
will be treated as a separate qualifying occasion on which the
21
employee breaches an obligation of mutuality in relation to
22
the injury mentioned in paragraph (a).
23
Note 1:
For associated injury, see section 6B.
24
Note 2:
For qualifying occasion, see section 29ZD.
25
(2) For the purposes of subparagraph (1)(e)(ii), it is immaterial
26
whether an associated injury is sustained after the determination
27
was made.
28
(3) The number of days specified under paragraph (1)(d) must be 30 or
29
more.
30
(4) A determination under subsection (1) must be accompanied by a
31
statement that:
32
(a) sets out the nature, and brief details, of the breach; and
33
(b) explains the consequences of the determination; and
34
(c) sets out the effect of sections 29Y, 29Z and 29ZA; and
35
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(d) if the breach is covered by section 29L--sets out the effect of
1
subsections 19(2), (2A), (2B) and (4); and
2
(e) if:
3
(i) the breach is not covered by section 29L; and
4
(ii) the breach has not stopped;
5
sets out the action that the employee should take in order to
6
stop the breach; and
7
(f) if:
8
(i) the breach is not covered by section 29L; and
9
(ii) the breach has stopped;
10
sets out the date when the breach stopped; and
11
(g) sets out such other matters (if any) as are specified in the
12
regulations.
13
(5) A determination under subsection (1):
14
(a) comes into force at a time specified in the determination; and
15
(b) remains in force until the employee becomes subject to the
16
cancellation regime.
17
(6) The time specified under paragraph (5)(a):
18
(a) must not be earlier than immediately after the occasion
19
mentioned in paragraph (1)(a); and
20
(b) must not be later than the day on which the determination is
21
given to the employee.
22
29Y Suspension of compensation--employee subject to the level 1
23
sanctions regime or the level 2 sanctions regime
24
(1) If:
25
(a) an employee is subject to the level 1 sanctions regime, or the
26
level 2 sanctions regime, in relation to an injury; and
27
(b) the employee is in breach of an obligation of mutuality in
28
relation to the injury; and
29
(c) the breach is not covered by section 29L;
30
the employee's rights:
31
(d) to compensation under this Act; and
32
(e) to institute or continue any proceedings under this Act in
33
relation to compensation;
34
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are suspended so far as those rights relate to the injury.
1
(2) However, subsection (1) does not operate to suspend:
2
(a) the employee's right to compensation for the cost of medical
3
treatment that is payable under section 16; or
4
(b) the employee's right to institute or continue proceedings by
5
way of an application to the Administrative Appeals Tribunal
6
for review of a reviewable decision that was made as the
7
result of a reconsideration of a decision under this Division.
8
(3) If an employee's right to compensation is suspended under
9
subsection (1), compensation in relation to the injury is not payable
10
in respect of the period of the suspension.
11
29Z Cancellation regime
12
(1) If:
13
(a) at a particular time, the relevant authority is satisfied that,
14
during the 12-month period ending at that time, there was a
15
qualifying occasion on which an employee breached an
16
obligation of mutuality in relation to an injury; and
17
(b) the qualifying occasion occurred when the employee was
18
subject to the level 2 sanctions regime in relation to:
19
(i) the injury mentioned in paragraph (a); or
20
(ii) an associated injury; and
21
(c) the employee is not already subject to the cancellation regime
22
in relation to:
23
(i) the injury mentioned in paragraph (a); or
24
(ii) an associated injury;
25
the relevant authority must, by written notice given to the
26
employee, determine that the employee is subject to the
27
cancellation regime in relation to:
28
(d) the injury mentioned in paragraph (a); and
29
(e) each associated injury.
30
Note 1:
For associated injury, see section 6B.
31
Note 2:
For qualifying occasion, see section 29ZD.
32
(2) For the purposes of paragraph (1)(e), it is immaterial whether an
33
associated injury is sustained after the determination was made.
34
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(3) A determination under subsection (1) comes into force at a time
1
specified in the determination.
2
(4) The specified time:
3
(a) must not be earlier than the qualifying occasion mentioned in
4
paragraph (1)(a); and
5
(b) must not be later than the day on which the determination is
6
given to the employee.
7
(5) A determination under subsection (1) is irrevocable.
8
(6) Subsection (5) does not apply to a revocation under
9
subsection 62(5).
10
29ZA Cancellation of compensation--employee subject to
11
cancellation regime
12
(1) If an employee is subject to the cancellation regime in relation to
13
an injury, the employee's rights:
14
(a) to compensation under this Act; and
15
(b) to institute or continue any proceedings under this Act in
16
relation to compensation;
17
are cancelled so far as those rights relate to the injury.
18
(2) However, subsection (1) does not operate to cancel the employee's
19
right to institute or continue proceedings by way of an application
20
to the Administrative Appeals Tribunal for review of a reviewable
21
decision that was made as the result of a reconsideration of a
22
decision under this Division.
23
(3) To avoid doubt, this section does not affect compensation under
24
section 17 or 18.
25
(4) For the purposes of section 44, disregard this section.
26
29ZB Liable employer to inform relevant authority of breach of
27
obligation of mutuality
28
If:
29
(a) an employee is incapacitated for work because of an injury;
30
and
31
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(b) the liable employer of the employee in relation to the injury
1
is not the relevant authority; and
2
(c) after the commencement of Part 1 of Schedule 2 to the
3
Safety, Rehabilitation and Compensation Amendment
4
(Improving the Comcare Scheme) Act 2015, the liable
5
employer becomes aware of a breach by the employee of an
6
obligation of mutuality;
7
the liable employer must:
8
(d) inform the relevant authority of the breach; and
9
(e) do so as soon as practicable after becoming aware of the
10
breach.
11
29ZC Recovery of overpayments
12
For the purposes of paragraph 114(1)(b), if:
13
(a) a determination was made under subsection 29W(1), 29X(1)
14
or 29Z(1); and
15
(b) the determination came into force before it was made;
16
then, in determining whether an amount of compensation that has
17
been paid to a person under this Act should not have been paid,
18
assume that the determination had been made when it came into
19
force.
20
29ZD Qualifying occasion on which employee breaches an obligation
21
of mutuality
22
For the purposes of this Act, a qualifying occasion on which an
23
employee breaches an obligation of mutuality in relation to an
24
injury means:
25
(a) if the breach is covered by section 29L--the occasion when
26
the breach occurred; or
27
(b) if the breach is not covered by section 29L--the occasion
28
when the breach first occurred; or
29
(c) an occasion that, in accordance with a determination under
30
section 29W or 29X, is treated as a qualifying occasion on
31
which the employee breaches an obligation of mutuality;
32
so long as the occasion occurred after the commencement of this
33
section.
34
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No. , 2015
Safety, Rehabilitation and Compensation Amendment (Improving the
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201
15 Subsections 57(2) and (5)
1
Repeal the subsections.
2
16 Subsection 60(1) (definition of determination)
3
Before "30", insert "29W, 29X, 29Z,".
4
Division 2
--Application provisions
5
17 Application of amendments
6
(1)
The amendments of section 29G of the Safety, Rehabilitation and
7
Compensation Act 1988 made by this Part apply in relation to a
8
requirement made under subsection 50(5) of that Act after the
9
commencement of this item.
10
(2)
The amendments of section 29J of the Safety, Rehabilitation and
11
Compensation Act 1988 made by this Part apply in relation to a
12
requirement made under subsection 118(3) of that Act after the
13
commencement of this item.
14
(3)
Section 29H of the Safety, Rehabilitation and Compensation Act 1988
15
(as amended by this Part) applies in relation to an injury sustained by an
16
employee after the commencement of this item.
17
(4)
Subsections 29L(1) and (3) of the Safety, Rehabilitation and
18
Compensation Act 1988 (as amended by this Part) apply in relation to
19
an offer of suitable employment if the offer was received after the
20
commencement of this item.
21
(5)
Subsection 29L(5) of the Safety, Rehabilitation and Compensation Act
22
1988 (as amended by this Part) applies in relation to a failure to seek
23
suitable employment, to the extent to which the failure occurred after
24
the commencement of this item.
25
(6)
Section 29M of the Safety, Rehabilitation and Compensation Act 1988
26
(as amended by this Part) applies in relation to a requirement made by a
27
relevant authority under subsection 57(1) of that Act after the
28
commencement of this item.
29
(7)
Section 29N of the Safety, Rehabilitation and Compensation Act 1988
30
(as amended by this Part) applies in relation to an absence that began
31
after the commencement of this item.
32
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(8)
Section 29P of the Safety, Rehabilitation and Compensation Act 1988
1
(as amended by this Part) applies in relation to advice given after the
2
commencement of this item.
3
(9)
Section 29Q of the Safety, Rehabilitation and Compensation Act 1988
4
(as amended by this Part) applies in relation to a requirement made after
5
the commencement of this item.
6
(10)
Section 29R of the Safety, Rehabilitation and Compensation Act 1988
7
(as amended by this Part) applies in relation to a refusal or failure to
8
fulfil responsibilities under a workplace rehabilitation plan, to the extent
9
to which the refusal or failure occurred after the commencement of this
10
item.
11
(11)
Section 29S of the Safety, Rehabilitation and Compensation Act 1988
12
(as amended by this Part) applies in relation to a requirement made after
13
the commencement of this item.
14
(12)
Subsections 29T(1) and (2) of the Safety, Rehabilitation and
15
Compensation Act 1988 (as amended by this Part) apply in relation to a
16
requirement made after the commencement of this item.
17
(13)
Section 29U of the Safety, Rehabilitation and Compensation Act 1988
18
(as amended by this Part) applies in relation to a requirement made after
19
the commencement of this item.
20
(14)
Section 29V of the Safety, Rehabilitation and Compensation Act 1988
21
(as amended by this Part) applies in relation to a requirement made after
22
the commencement of this item.
23
18 Transitional
--subsections 57(2) and (5) of the Safety,
24
Rehabilitation and Compensation Act 1988
25
Despite the repeal of subsections 57(2) and (5) of the Safety,
26
Rehabilitation and Compensation Act 1988 by this Part, those
27
subsections continue to apply, in relation to a requirement made by a
28
relevant authority under subsection 57(1) of that Act before the
29
commencement of this item, as if that repeal had not happened.
30
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203
Schedule 16
--Defence-related claims
1
2
Safety, Rehabilitation and Compensation Act 1988
3
1 At the end of section 147
4
Add:
5
(3) In addition, this Act applies to defence-related claims and matters
6
arising out of those claims as if:
7
(a) the amendments of this Act made by Schedules 1 to 15 and
8
17 to the Safety, Rehabilitation and Compensation
9
Amendment (Improving the Comcare Scheme) Act 2015 had
10
not been enacted; and
11
(b) after the commencement of Part 1 of Schedule 2 to the
12
Safety, Rehabilitation and Compensation Amendment
13
(Improving the Comcare Scheme) Act 2015, each reference in
14
this Act to an approved program provider were a reference to
15
an approved workplace rehabilitation provider.
16
(4) After the commencement of Part 1 of Schedule 2 to the Safety,
17
Rehabilitation and Compensation Amendment (Improving the
18
Comcare Scheme) Act 2015, each of the following amendments
19
made by that Schedule is excluded from paragraph (3)(a):
20
(a) the amendment that repealed the definition of approved
21
program provider in subsection 4(1);
22
(b) the amendment that inserted the definition of approved
23
workplace rehabilitation provider in subsection 4(1);
24
(c) the amendment of section 34;
25
(d) the amendments of Division 2 of Part III.
26
(5) After the commencement of Part 1 of Schedule 12 to the Safety,
27
Rehabilitation and Compensation Amendment (Improving the
28
Comcare Scheme) Act 2015, each of the following amendments
29
made by that Act is excluded from paragraph (3)(a):
30
(a) the amendment made by item 20 of Schedule 12 to that Act,
31
to the extent that that item inserted sections 28A and 28B;
32
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Safety, Rehabilitation and Compensation Amendment (Improving the
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(b) the amendment made by item 1 of Schedule 17 to that Act, to
1
the extent that that item inserted the definition of associated
2
injury in subsection 4(1);
3
(c) the amendment made by item 2 of Schedule 17 to that Act
4
(associated injury).
5
(6) For the purposes of paragraph (5)(a), assume that:
6
(a) the amendment mentioned in that paragraph applied in
7
relation to an injury sustained by an employee after the
8
commencement of Part 1 of Schedule 12 to the Safety,
9
Rehabilitation and Compensation Amendment (Improving the
10
Comcare Scheme) Act 2015, unless the injury is the result of
11
an injury sustained by the employee before the
12
commencement of Part 1of that Schedule; and
13
(b) Part 2 of that Schedule had not been enacted.
14
(7) If a defence-related claim relates to an injury that results in a
15
permanent impairment, Division 4 of Part II has effect, after the
16
commencement of Part 1 of Schedule 12 to the Safety,
17
Rehabilitation and Compensation Amendment (Improving the
18
Comcare Scheme) Act 2015, subject to the following
19
modifications:
20
(a) first, work out the amount of compensation that would be
21
payable under that Division in respect of the injury if this
22
subsection had not been enacted;
23
(b) second, work out the amount of compensation that would be
24
payable under that Division in respect of the injury if it were
25
assumed that:
26
(i) the amendments of this Act made by that Schedule had
27
applied in relation to the injury; and
28
(ii) item 15 of that Schedule had not been enacted; and
29
(iii) item 20 of that Schedule, to the extent that that item
30
inserted section 28C, had not been enacted; and
31
(iv) Part 2 of that Schedule had not been enacted; and
32
(v) the amendments of this Act made by that Schedule
33
applied in relation to an injury sustained by an
34
employee after the commencement of Part 1 of that
35
Schedule, unless the injury is the result of an injury
36
Defence-related claims Schedule 16
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sustained by the employee before the commencement of
1
Part 1 of that Schedule; and
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(vi) paragraph (3)(a) of this section did not apply to the
3
amendments of this Act made by that Schedule;
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(c) third, if the amount of compensation worked out in
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accordance with paragraph (b) exceeds the amount of
6
compensation worked out in accordance with paragraph (a)--
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the amount of compensation payable under that Division in
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respect of the injury is the amount of compensation worked
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out in accordance with paragraph (b);
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(d) fourth, if the amount of compensation worked out in
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accordance with paragraph (b) does not exceed the amount of
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compensation worked out in accordance with paragraph (a)--
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the amount of compensation payable under that Division in
14
respect of the injury is the amount of compensation worked
15
out in accordance with paragraph (a).
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Schedule 17 Interpretation
Part 1 Amendments commencing on the day after Royal Assent
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Schedule 17
--Interpretation
1
Part 1
--Amendments commencing on the day after
2
Royal Assent
3
Safety, Rehabilitation and Compensation Act 1988
4
1 Subsection 4(1)
5
Insert:
6
associated injury has the meaning given by section 6B.
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Health Practitioner Regulation National Law means a State or
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Territory law that provides for the registration or licensing of
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individuals who practise in any or all of the following professions
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or occupations:
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(a) Aboriginal and Torres Strait Islander health practice;
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(b) Chinese medicine;
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(c) chiropractic;
14
(d) dental (including the profession of a dentist, dental therapist,
15
dental hygienist, dental prosthetist and oral health therapist);
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(e) medical;
17
(f) medical radiation practice;
18
(g) nursing and midwifery;
19
(h) occupational therapy;
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(i) optometry;
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(j) osteopathy;
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(k) pharmacy;
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(l) physiotherapy;
24
(m) podiatry;
25
(n) psychology;
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(o) a profession or occupation specified in the regulations.
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legally qualified dentist means a person registered under a Health
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Practitioner Regulation National Law in the dental profession as a
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dentist (other than as a student).
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Interpretation Schedule 17
Amendments commencing on the day after Royal Assent Part 1
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legally qualified medical practitioner means a person registered
1
under a Health Practitioner Regulation National Law in the
2
medical profession (other than as a student).
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working day means a day that is not:
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(a) a Saturday; or
5
(b) a Sunday; or
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(c) a public holiday in any State or Territory.
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2 After section 6A
8
Insert:
9
6B Associated injury
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Injuries other than diseases
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(1) For the purposes of this Act, if the following conditions are
12
satisfied in relation to 2 or more injuries to an employee:
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(a) those injuries are not diseases;
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(b) those injuries arise out of, or in the course of:
15
(i) the same incident; or
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(ii) the same state of affairs;
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each of those injuries is an associated injury in relation to each
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other of those injuries.
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(2) For the purposes of subsection (1), if:
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(a) one or more injuries (the primary injuries) to an employee
21
arise out of, or in the course of, a particular:
22
(i) incident; or
23
(ii) state of affairs; and
24
(b) any of the primary injuries results in one or more other
25
injuries (the secondary injuries) to the employee;
26
each of the secondary injuries is taken to have arisen out of, or in
27
the course of, that incident, or that state of affairs, as the case may
28
be.
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Schedule 17 Interpretation
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Injuries that are diseases
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(3) For the purposes of this Act, if the following conditions are
2
satisfied in relation to 2 or more injuries to an employee:
3
(a) those injuries are diseases;
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(b) those injuries were contributed to, to a significant degree, by:
5
(i) the same incident; or
6
(ii) the same state of affairs;
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each of those injuries is an associated injury in relation to each
8
other of those injuries.
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(4) For the purposes of subsection (3), if:
10
(a) one or more injuries (the primary injuries) to an employee
11
were contributed to, to a significant degree, by a particular:
12
(i) incident; or
13
(ii) state of affairs; and
14
(b) any of the primary injuries results in one or more other
15
injuries (the secondary injuries) to the employee;
16
each of the secondary injuries is taken to have been contributed to,
17
to a significant degree, by that incident, or that state of affairs, as
18
the case may be.
19
Injuries covered by subsection 4(3)
20
(5) This section does not apply to an injury covered by
21
subsection 4(3).
22
Interpretation Schedule 17
Amendments contingent on commencement of Schedule 2 to the Safety, Rehabilitation
and Compensation Legislation Amendment Act 2015 Part 2
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Comcare Scheme) Bill 2015
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Part 2
--Amendments contingent on commencement
1
of Schedule 2 to the Safety, Rehabilitation
2
and Compensation Legislation Amendment
3
Act 2015
4
Safety, Rehabilitation and Compensation Act 1988
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3 Subsection 4(1) (definition of working day) (the definition
6
that was inserted by item 20 of Schedule 2 to the
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Safety, Rehabilitation and Compensation Legislation
8
Amendment Act 2015)
9
Repeal the definition.
10