Commonwealth Consolidated Acts

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SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 69

Functions

    Subject to this Act, Comcare has the following functions, in addition to its other functions under this Act:

  (a)   to make determinations accurately and quickly in relation to claims and requests made to Comcare under this Act;

  (b)   to minimise the duration and severity of injuries to its employees and employees of exempt authorities by arranging quickly for the rehabilitation of those employees under this Act;

  (c)   to co - operate with other bodies or persons with the aim of reducing the incidence of injury to employees;

  (d)   to conduct and promote research into the rehabilitation of employees and the incidence and prevention of injury to employees;

  (da)   to promote the adoption in Australia and elsewhere of effective strategies and procedures for the rehabilitation of injured workers;

  (e)   to publish material relating to any of the functions referred to in paragraphs   (a), (c) and (d) and relating to the rehabilitation of employees under this Act;

  (ea)   in respect of actions for non - economic loss--to take over the conduct of such actions under section   52A on behalf of the Commonwealth, Commonwealth authorities or employees against whom such actions were taken;

  (eb)   to determine the premiums payable by Entities and Commonwealth authorities in respect of the financial year starting on 1   July 2002 and each subsequent financial year and, where appropriate, the special premiums payable by Entities and Commonwealth authorities in respect of one or more of the financial years starting on 1   July 1999, 1   July 2000 or 1   July 2001, and to collect such premiums and special premiums;

  (ec)   to apply such premiums and special premiums, together with interest earned on those premiums, in meeting:

  (i)   Comcare's liability under this Act in relation to compensation in respect of injuries suffered, whether before, on or after 1   July 2002, by employees of such Entities and authorities; and

  (ii)   Comcare's liability under this Act for payment, on behalf of such Entities, authorities and employees, of damages or costs awarded under, or of amounts agreed to be paid in settlement of, actions for non - economic loss in respect of such injuries or for costs in proceedings against third parties; and

  (iii)   the cost incurred by Comcare in managing such claims for compensation and in conducting such actions for non - economic loss and claims against third parties;

  (eca)   to determine, under section   97CA, 97CB or 97CC, the amount of any exit contributions payable by bodies corporate, and by the Australian Capital Territory, and to collect such contributions;

  (ecb)   to apply exit contributions paid under section   97CA, 97CB or 97CC as a result of a body corporate or the Australian Capital Territory ceasing to be a Commonwealth authority, together with interest earned on those exit contributions, in the same way as paragraph   (ec) would have required Comcare to apply:

  (i)   premiums paid by the body corporate or the Australian Capital Territory; and

  (ii)   interest earned on those premiums;

    if the body corporate or the Australian Capital Territory had not ceased to be a Commonwealth authority;

  (ed)   to determine, under section   97D, the amount of the regulatory contributions payable by Entities, and by Commonwealth authorities, and to collect such contributions;

  (eda)   to determine, under section   97DA, the amount of any regulatory contributions payable by bodies corporate, and by the Australian Capital Territory, and to collect such contributions;

  (ee)   to collect application and licence fees payable under Part   VIII by Commonwealth authorities and eligible corporations;

  (ef)   to apply such regulatory contributions and application and licence fees, together with interest earned on those contributions and fees, in meeting:

  (i)   the cost incurred by the Commission and Comcare in carrying out their respective functions under this Act (other than a function referred to in paragraph   (ec) or (ecb)); and

  (ii)   the cost incurred by the Commission and Comcare in carrying out their respective functions under the Occupational Health and Safety Act 1991 , the Work Health and Safety Act 2011 and the Work Health and Safety (Transitional and Consequential Provisions) Act 2011 .

  (f)   to maintain contact with each rehabilitation authority to the extent necessary to ensure that, in performing or exercising its functions or powers under Part   III, the authority is complying with any guidelines issued under section   41;

  (fa)   to advise the Minister about anything relating to Comcare's functions and powers;

  (fb)   such other functions as are conferred on Comcare by the regulations;

  (g)   such other functions as are conferred on Comcare by any other Act.

Note:   Functions have also been conferred on Comcare by other Acts, such as the Asbestos - related Claims (Management of Commonwealth Liabilities) Act 2005 , the Parliamentary Business Resources Act 2017 and the Work Health and Safety Act 2011 .



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