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CLAUSE NOTES
Workers Rehabilitation and Compensation
Amendment (Validation) Bill 2012
PART 1 PRELIMINARY
Clause 1 Short Title
Cites the Act as the Workers Rehabilitation and
Compensation Amendment (Validation) Act 2012.
Clause 2 Commencement
The Act is to commence on the day the Act receives
Royal Assent.
Clause 3 Principal Act
The Workers Rehabilitation and Compensation Act
1998 is referred to as the Principal Act.
Clause 4 Section 164C inserted
Inserts section 164C after 164B in the Principal Act.
164C. Validation of certain guidelines, &c.
This clause has the effect of validating the April 2011
and October 2011Guidelines for the Assessment of
Permanent Impairment approved by the WorkCover
Tasmania Board. The clause also clarifies the dates
on which these Guidelines are taken to apply and
the date on which the previous version is taken to
have been revoked. The clause is also intended to
clarify that an assessment of impairment is to be
undertaken using the Guidelines in effect at the time
the assessment is made.
The clause defines the April 2011 Guidelines as
the document relating to the assessment of
permanent impairment that was referred to at a
meeting of the Board on 10 August 2010, and which
was approved by the Board at that meeting as
Guidelines to take effect following the completion of
certain training. The Guidelines include any
appendices that were attached to the document
when the Board approved the Guidelines. These
Guidelines are also known as Version 2 of the
Guidelines.
The clause defines the October 2011 Guidelines as
the document relating to the assessment of
permanent impairment that was referred to at a
meeting of the Board on 20 September 2011 as
Version 3 of the Guidelines, and which was
approved by the Board as Guidelines to take effect
on 1 October 2011. The Guidelines include any
appendices that were attached to the document
when the Board approved the Guidelines.
Any Guidelines which were in force before 1 April
2011 are taken to have been revoked immediately
before 1 April 2011.
The clause also provides that the April 2011
Guidelines are taken to have been validly issued by
the Board on 1 April 2011 and to have been in effect
on and from 1 April 2011 to immediately before 1
October 2011. They are taken to have been revoked
immediately before 1 October 2011.
The October 2011 Guidelines are taken to have
been validly issued by the Board on 20 September
2011 and to have taken effect on and from
1 October 2011.
The clause does not prevent the Board revoking the
October 2011 Guidelines.
Where an assessment of permanent impairment was
undertaken on or after 1 April 2011 and before
1 October 2011, the assessment is not made or
taken to have been made under the Workers
Rehabilitation and Compensation Act or the
Asbestos-Related Diseases (Occupational Exposure) Act
2011 unless it was made in accordance with the
April 2011 Guidelines. Where an assessment was
undertaken on or after 1 October 2011 and before
the date on which this clause commences, it is not
made or taken to have been made under the
Workers Rehabilitation and Compensation Act or
the Asbestos-Related Disease (Occupational
Exposure) Act unless it was made in accordance
with the October 2011 Guidelines.
Clause 5 Repeal
This clause repeals this Act on the ninetieth day
from the day on which it commences.