PARLIAMENTARY BUSINESS RESOURCES ACT 2017 - SECT 41 Parliamentary injury compensation scheme

PARLIAMENTARY BUSINESS RESOURCES ACT 2017 - SECT 41

  (1)   The Minister may, by legislative instrument, determine a Parliamentary injury compensation scheme .

  (2)   The scheme may provide for one or more of the following:

  (a)   compensation or other benefits in relation to an injury or disease, or an aggravation of an injury or disease, suffered by:

  (i)   a member in connection with the conduct of the member's parliamentary business, or in any other circumstances provided by the scheme; or

  (ii)   the spouse of the Prime Minister in connection with the spouse's official activities as the spouse of the Prime Minister, or in any other circumstances provided by the scheme;

  (b)   compensation or other benefits in relation to loss of or damage to an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance:

  (i)   used by a member, that occurs in the course of the conduct of the member's parliamentary business, or in any other circumstances provided by the scheme; or

  (ii)   used by the spouse of the Prime Minister, that occurs in the course of the spouse's official activities as the spouse of the Prime Minister, or in any other circumstances provided by the scheme;

  (c)   the provision of services, facilities or equipment to eliminate or minimise risks to health or safety occurring in connection with:

  (i)   the conduct of the member's parliamentary business, or in any other circumstances provided by the scheme; or

  (ii)   the spouse's official activities as the spouse of the Prime Minister, or in any other circumstances provided by the scheme;

  (d)   incidental or ancillary matters.

Note:   For variation and revocation, see subsection   33(3) of the Acts Interpretation Act 1901 .

  (3)   Without limiting subsection   ( 2), the scheme may do one or more of the following:

  (a)   confer functions and powers on Comcare in relation to the scheme;

  (b)   provide for conditions and restrictions on eligibility or continuing eligibility for compensation or other benefits under the scheme (such as conditions requiring a person to undergo rehabilitation or medical examination);

  (c)   apply in relation to an injury or disease, or an aggravation of an injury or disease, suffered by a person who is or has been a member, or the spouse of the Prime Minister, in connection with an activity engaged in in accordance with the scheme;

  (d)   provide for compensation or other benefits under the scheme to be payable to persons other than members;

  (e)   require an amount of money paid under the scheme to be repaid in the circumstances set out in the scheme;

  (f)   provide for Comcare, on behalf of the Commonwealth, to recover, set off, write off or waive debts arising under the scheme;

  (g)   require a person to give information or documents to Comcare for the purposes of the scheme;

  (h)   require a person to notify Comcare of a matter or event set out in the scheme;

  (i)   prescribe penalties, not exceeding 10 penalty units, for offences relating to failing to notify Comcare of matters or events set out in the scheme;

  (j)   provide for review of decisions made under the scheme, including by providing for the Administrative Appeals Tribunal Act 1975 to apply in relation to decisions made under the scheme with the modifications specified in the scheme;

  (k)   in relation to an injury, disease or aggravation, or loss or damage, referred to in paragraph   ( 2)(a) or (b):

  (i)   limit the right of a person to bring an action or other proceeding for damages, against the Commonwealth or a person specified in the scheme, in respect of the injury, disease, aggravation, loss or damage; or

  (ii)   provide for Comcare to make a claim for damages in the name of a person, or to take over the conduct of an action or other proceeding, in respect of the injury, disease, aggravation, loss or damage; or

  (iii)   require that an amount that has been, or is to be, paid (otherwise than under the scheme) to a person in respect of the injury, disease, aggravation, loss or damage be paid to the Commonwealth;

  (l)   confer on the Minister a power to make a legislative instrument for the purposes of the scheme.

  (4)   For the purposes of the Safety, Rehabilitation and Compensation Act 1988 , a function conferred on Comcare by the scheme is taken to be a function conferred by this Act.

Note:   See paragraph   69(g) of the Safety, Rehabilitation and Compensation Act 1988 .

  (5)   The scheme may apply in relation to:

  (a)   an injury or disease referred to in subparagraph   ( 2)(a)(i) or (ii) that is suffered in connection with an activity occurring on or after 1   January 2016; or

  (b)   an aggravation, referred to in subparagraph   ( 2)(a)(i) or (ii), of an injury or disease, if the aggravation is suffered in connection with an activity occurring on or after 1   January 2016 (whether the injury or disease was suffered in connection with an activity occurring before, on or after that day); or

  (c)   loss or damage referred to in subparagraph   ( 2)(b)(i) or (ii) that occurs on or after 1   January 2016.