Commonwealth Consolidated Acts

SAFETY, REHABILITATION AND COMPENSATION ACT 1988

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Application of Act  
   4.      Interpretation  
   4AA.    Liabilities of Comcare and the Commission with respect to defence service  
   4A.     Declaration that ACT a Commonwealth authority  
   5.      Employees  
   5A.     Definition of injury  
   5B.     Definition of disease  
   6.      Injury arising out of or in the course of employment  
   7.      Provisions relating to diseases  
   8.      Normal weekly earnings  
   9.      Relevant period  
   10.     Recovery of damages  
   11.     Liability of relevant authority  
   12.     Amounts of compensation  
   13.     Indexation--Consumer Price Index  
   13AA.   Indexation--Wage Price Index  
   13A.    Application of Criminal Code  

   PART II--COMPENSATION

           Division 1--Injuries, property loss or damage, medical expenses

   14.     Compensation for injuries  
   15.     Compensation for loss of or damage to property used by employee  
   16.     Compensation in respect of medical expenses etc.  

           Division 2--Injuries resulting in death

   17.     Compensation for injuries resulting in death  
   18.     Compensation in respect of funeral expenses  

           Division 3--Injuries resulting in incapacity for work

   19.     Compensation for injuries resulting in incapacity  
   20.     Compensation for injuries resulting in incapacity where employee is in receipt of a superannuation pension  
   21.     Compensation for injuries resulting in incapacity where employee is in receipt of a lump sum benefit  
   21A.    Compensation for injuries resulting in incapacity if employee is in receipt of a superannuation pension and a lump sum benefit  
   22.     Compensation where employee is maintained in a hospital  
   23.     Compensation for incapacity not payable in certain cases  
   23A.    Repayment of salary, wages or pay, and re - crediting of paid leave, where compensation claim successful  

           Division 4--Injuries resulting in impairment

   24.     Compensation for injuries resulting in permanent impairment  
   25.     Interim payment of compensation  
   26.     Payment of compensation  
   27.     Compensation for non - economic loss  
   28.     Approved Guide  

           Division 5--Household and attendant care services

   29.     Compensation for household services and attendant care services obtained as a result of a non - catastrophic injury  
   29A.    Compensation for household services and attendant care services obtained as a result of a catastrophic injury  

           Division 6--Miscellaneous

   30.     Redemption of compensation  
   31.     Recurrent payments after payment of lump sum  
   32.     Cancelled determinations not to affect certain payments of compensation  
   33.     Reduction of compensation in certain cases  

   PART III--REHABILITATION

           Division 1--Preliminary

   34.     Definitions  

           Division 2--Approved rehabilitation program providers

   34A.    How this Part applies to partnerships  
   34B.    Persons may seek approval as rehabilitation program providers  
   34C.    Applications for initial approval  
   34D.    Comcare to establish criteria for approval, or renewal of approval, of persons as rehabilitation program providers  
   34E.    Comcare to establish operational standards for rehabilitation program providers  
   34F.    The initial approval decision  
   34G.    Duration of initial approval given on application  
   34H.    Comcare may also approve persons as rehabilitation program providers on its own initiative  
   34J.    Persons may seek renewal of approval as rehabilitation program providers in certain circumstances  
   34K.    The renewal application  
   34L.    The renewal decision  
   34M.    Duration of renewal of approval  
   34N.    Further information may be required of applicants  
   34P.    Initial approval or renewal is subject to conditions  
   34Q.    Revocation of approval  
   34R.    Review of decisions  
   34S.    Approved forms  

           Division 3--Rehabilitation programs

   35.     Exempt authorities  
   36.     Assessment of capability of undertaking rehabilitation program  
   37.     Provision of rehabilitation programs  
   38.     Review of certain determinations by Comcare  
   39.     Compensation payable in respect of certain alterations etc.  
   40.     Duty to provide suitable employment  
   41.     Rehabilitation authorities to comply with guidelines  
   41A.    Delegation by rehabilitation authority  
   41B.    Application of rehabilitation provisions to former Commonwealth authorities  
   41C.    Application of rehabilitation provisions to successors of former Commonwealth authorities  
   41D.    Application of rehabilitation provisions to the Australian Capital Territory if it ceases to be a Commonwealth authority  

   PART IV--LIABILITIES--ARISING APART FROM THIS ACT

   42.     Interpretation  
   43.     Certain persons may request cessation of compensation payments  
   44.     Action for damages not to lie against Commonwealth etc. in certain cases  
   45.     Actions for damages--election by employees  
   46.     Notice of common law claims against third party  
   47.     Notice of common law claims against Commonwealth  
   48.     Compensation not payable where damages recovered  
   49.     Dependants not claiming compensation  
   50.     Common law claims against third parties  
   51.     Payment of damages by persons to Comcare  
   52.     Compensation not payable both under Act and under award  
   52A.    Comcare's rights and obligations in respect of certain action for non - economic loss  

   PART V--CLAIMS--FOR COMPENSATION

   53.     Notice of injury or loss of, or damage to, property  
   54.     Claims for compensation  
   55.     Survival of claims  
   56.     Claims may not be made in certain cases  
   57.     Power to require medical examination  
   58.     Power to request the provision of information  
   59.     Certain documents to be supplied on request  

   PART VI--RECONSIDERATION--AND REVIEW OF DETERMINATIONS

   60.     Interpretation  
   61.     Determinations to be notified in writing  
   62.     Reconsideration of determinations  
   63.     Reviewable decision to be notified in writing  
   64.     Applications to the Administrative Appeals Tribunal  
   65.     Modifications of the Administrative Appeals Tribunal Act 1975  
   66.     Evidence in proceedings before Administrative Appeals Tribunal  
   67.     Costs of proceedings before Administrative Appeals Tribunal  

   PART VII--ADMINISTRATION--AND FINANCE

           Division 1--Comcare

   68.     Establishment  
   69.     Functions  
   70.     Powers  
   70A.    Comcare may charge for certain services  
   70B.    Formation and activities of Comcare subsidiaries  
   71.     Power to obtain information from Departments and authorities  
   72.     Manner in which claims are to be determined  
   72A.    Duty to assist the Commission and the Seafarers Safety, Rehabilitation and Compensation Authority  
   73.     Directions by Minister  
   73A.    Guidelines by Commission  
   73B.    Delegation by Comcare  
   74.     Constitution of Comcare  
   76.     The Chief Executive Officer  
   79.     Persons acting as Chief Executive Officer  
   80.     Remuneration and allowances  
   81.     Leave of absence  
   83.     Resignation  
   84.     Termination of appointment  
   85.     Annual report  

           Division 2--Deputy Chief Executive Officer, staff and consultants

   86.     Deputy Chief Executive Officer  
   87.     Duties of Deputy Chief Executive Officer  
   88.     Staff  
   89.     Consultants  

           Division 3--The Commission

   89A.    Establishment  
   89B.    Functions  
   89C.    Powers  
   89D.    Directions by Minister  
   89E.    Constitution  
   89F.    Appointment  
   89G.    Term of office  
   89H.    Deputies of members  
   89J.    Acting Chairperson  
   89K.    Remuneration and allowances  
   89L.    Leave of absence  
   89M.    Disclosure of interests  
   89N.    Resignation  
   89P.    Termination of appointment  
   89Q.    Meetings  
   89R.    Delegation by Commission and sub - delegation  
   89S.    Annual reports  

           Division 4--Finance

   90B.    Payments to Comcare in respect of long - term liabilities  
   90C.    Source of funds to enable Comcare to meet its liabilities and other expenses  
   90D.    Appropriation  
   91.     Money of Comcare  
   92.     Estimates of receipts and expenditure  
   93.     Exemption from taxation  
   95.     Borrowing  

           Division 4A--Premiums and regulatory contributions

   96.     Extended meaning of Commonwealth authority for purposes of regulatory contributions  
   96A.    Available scheme funds  
   96B.    Comcare - retained funds  
   96C.    Principal officer  
   97.     Determination of premiums  
   97A.    Matters for consideration in determination of premium  
   97B.    Determination of special premiums for non - economic loss in respect of injuries suffered after 30 June 1999 and before 1 July 2002  
   97C.    Estimate of premium for certain Commonwealth authorities  
   97CA.   Determination of exit contributions for former Commonwealth authorities  
   97CB.   Determination of exit contributions for successors of former Commonwealth authorities  
   97CC.   Determination of exit contributions for the Australian Capital Territory if it ceases to be a Commonwealth authority  
   97D.    Regulatory contributions payable by an Entity or a Commonwealth authority  
   97DA.   Regulatory contributions payable by a former Commonwealth authority etc.  
   97DAA.  Regulatory contributions by Defence Department  
   97DAB.  Modifications of provisions relating to contributions  
   97DB.   Constitutional limits  
   97E.    Guidelines and principles  
   97F.    Information to be given to Comcare  
   97G.    Notice of determinations  
   97H.    Payment of premium or regulatory contribution by an Entity or Commonwealth authority  
   97HA.   Payment of exit contribution or regulatory contribution by a former Commonwealth authority etc.  
   97J.    Review by Comcare of determination of premium or regulatory contribution  
   97K.    Further review by Commission of outcome of Comcare's review  
   97L.    Refund of premium or regulatory contribution paid by an Entity or Commonwealth authority  
   97LA.   Refund of exit contribution or regulatory contribution paid by a former Commonwealth authority etc.  
   97M.    Variation of determination of premium or regulatory contribution payable by an Entity or Commonwealth authority  
   97MA.   Variation of determination of exit contribution or regulatory contribution payable by a former Commonwealth authority etc.  
   97N.    Repayment of premium excess etc.  
   97P.    Late payment penalty  
   97Q.    Refund of premiums to former Commonwealth authorities  
   97QA.   Refund of premiums to successors of former Commonwealth authorities  
   97QB.   Refund of premiums to the Australian Capital Territory if it ceases to be a Commonwealth authority  
   97QBA.  Refund of exit contributions to former Commonwealth authorities  
   97QBB.  Refund of exit contributions to successors of former Commonwealth authorities  
   97QBC.  Refund of exit contributions to the Australian Capital Territory if it ceases to be a Commonwealth authority  
   97QC.   Refunds to be made from Comcare - retained funds  
   97QD.   Remission of exit contributions payable by former Commonwealth authorities  
   97QE.   Remission of exit contributions payable by successors of former Commonwealth authorities  
   97QF.   Remission of exit contributions payable by the Australian Capital Territory if it ceases to be a Commonwealth authority  

   PART VIII--LICENCES--TO ENABLE COMMONWEALTH AUTHORITIES AND CERTAIN CORPORATIONS TO ACCEPT LIABILITY FOR, AND/OR MANAGE, CLAIMS

           Division 1--Preliminary

   98A.    Outline of Part  
   99.     Definitions  
   100.    Minister may declare a corporation eligible to be granted a licence under this Part  
   101.    Ministerial directions concerning licences  

           Division 2--Powers of the Commission in relation to licences

   102.    Application for grant of a licence  
   103.    The Commission's power to grant licences  
   104.    Licence decision  
   104A.   Licence fees  
   105.    The Commission may vary the scope of a licence or extend its term  
   106.    Suspension or revocation of licences at the instance of the Commission  
   107.    Revocation of licence at request of licensee  
   107A.   Effect of suspension or revocation  

           Division 3--Authorisation to accept liability in respect of certain claims

   108.    Licence can authorise licensee to accept liability  
   108A.   The consequences of a licensee's authorisation to accept liability  

           Division 4--Authorisation to manage claims

   108B.   Licence can authorise licensee to manage claims  
   108C.   The consequences of a licensee's authorisation to manage claims  

           Division 5--Conditions of a licence

   108D.   The Commission may grant licence on conditions  

           Division 6--Miscellaneous

   108E.   Functions of licensees  
   108F.   Powers of licensee  
   108G.   Date of effect of certain notices under this Part  
   108H.   Delegation by licensed authority  

   PART IX--MISCELLANEOUS

   109A.   Jurisdiction of courts with respect to extraterritorial offences  
   109.    Determinations to be in writing  
   110.    Money paid to relevant authority for benefit of person  
   111.    Provisions applicable on death of beneficiary  
   112.    Assignment, set - off or attachment of compensation  
   112A.   Making of compensation payments through employers of employees paid out of relevant money  
   112B.   Making of compensation payments through employers of employees not paid out of relevant money  
   113.    Recovery of amounts due to relevant authority  
   114.    Recovery of overpayments  
   114A.   Notice to Comcare of retirement of employee  
   114B.   Recovery of overpayment to retired employee  
   114C.   Comcare may write off debt  
   114D.   Comcare may waive debt  
   115.    Deduction of overpayments of repatriation pensions  
   116.    Employees on compensation leave  
   117.    Compensation payable to locally engaged overseas employees  
   118.    Double benefits  
   119.    Compensation where State compensation payable  
   119A.   Persons entitled to treatment under other legislation not entitled to certain compensation  
   120.    Notice of departure from Australia etc.  
   121A.   Confidential commercial information not to be published  
   122.    Regulations  
   122A.    Legislative rules  

   PART X--TRANSITIONAL--PROVISIONS

           Division 1--Preliminary

   123.    Interpretation  
   123A.   Injuries suffered before the commencing day  

           Division 2--Transitional provisions

   124.    Application of Act to pre - existing injuries  
   124A.   Northern Territory to reimburse Comcare for certain compensation payments and administrative expenses  
   125.    Payments under previous Acts  
   126.    Notices, claims etc. under previous Acts  
   127.    Settlements and determinations under previous Acts  
   128.    Liability under previous Acts  
   128A.   Comcare's liability to be discharged by prescribed Commonwealth authorities in some cases  
   129.    Application for review and other proceedings under previous Acts  
   129A.   Reconsideration and review of certain determinations under 1971 Act  
   130.    Money and investments held under 1971 Act  

           Division 3--Special transitional provisions relating to certain former employees

   131.    Former employees under 65 who are in receipt of superannuation benefits and are unable to engage in any work  
   132.    Former employees under 65 who are not in receipt of superannuation benefits and are unable to engage in any work  
   132A.   Former employees under 65 who are capable of engaging in any work  
   133.    Minimum benefit payable  
   134.    Reduction of compensation on reaching pension age  
   135.    Former employees 65 and over who are in receipt of superannuation benefits  
   136.    Former employees 65 and over who are not in receipt of superannuation benefits  
   137.    Redemption on request by former employee