Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 75 of 1988 as amended
This compilation was prepared on 1 November 2009
taking into account amendments up to Act No. 54 of 2009
The text of any of those
amendments not in force
on that date is appended in the Notes section
The operation of amendments that
have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of
Legislative Drafting and Publishing,
Attorney‑General's Department,
Canberra
Contents
Part I--Preliminary 1
1............ Short title [see Note 1] ....................................................................... 1
2............ Commencement [see Note 1] .............................................................. 1
3............ Application of Act ............................................................................. 1
4............ Interpretation ...................................................................................... 1
4AA...... Most injuries for members of the Defence Force no longer covered by this Act 16
4A......... Declaration that ACT a Commonwealth authority .......................... 17
5............ Employees ........................................................................................ 17
5A......... Definition of injury ........................................................................... 23
5B......... Definition of disease ......................................................................... 24
6............ Injury arising out of or in the course of employment ....................... 25
6A......... Injury arising out of or in the course of employment--extended operation 27
7............ Provisions relating to diseases .......................................................... 28
8............ Normal weekly earnings ................................................................... 30
9............ Relevant period ................................................................................. 35
10.......... Recovery of damages ........................................................................ 36
11.......... Liability of relevant authority .......................................................... 36
12.......... Amounts of compensation ............................................................... 36
13.......... Indexation--Consumer Price Index .................................................. 36
13AA.... Indexation--Wage Price Index .......................................................... 38
13A....... Application of Criminal Code .......................................................... 39
Part II--Compensation 40
Division 1--Injuries, property loss or damage, medical expenses 40
14.......... Compensation for injuries ................................................................ 40
15.......... Compensation for loss of or damage to property used by employee 40
15A....... Most loss or damage to property used by members of the Defence Force etc. no longer covered by this Act 41
16.......... Compensation in respect of medical expenses etc. ........................... 41
Division 2--Injuries resulting in death 44
17.......... Compensation for injuries resulting in death .................................... 44
18.......... Compensation in respect of funeral expenses .................................. 45
Division 3--Injuries resulting in incapacity for work 47
19.......... Compensation for injuries resulting in incapacity ............................ 47
20.......... Compensation for injuries resulting in incapacity where employee is in receipt of a superannuation pension 53
21.......... Compensation for injuries resulting in incapacity where employee is in receipt of a lump sum benefit 54
21A....... Compensation for injuries resulting in incapacity if employee is in receipt of a superannuation pension and a lump sum benefit ....................................................................................... 55
22.......... Compensation where employee is maintained in a hospital ............. 56
23.......... Compensation for incapacity not payable in certain cases .............. 57
23A....... Repayment of salary, wages or pay, and re‑crediting of paid leave, where compensation claim successful 58
Division 4--Injuries resulting in impairment 60
24.......... Compensation for injuries resulting in permanent impairment ........ 60
25.......... Interim payment of compensation ................................................... 61
26.......... Payment of compensation ................................................................ 62
27.......... Compensation for non‑economic loss .............................................. 62
28.......... Approved Guide ............................................................................... 63
Division 5--Household and attendant care services 65
29.......... Compensation for household services and attendant care services .. 65
Division 6--Miscellaneous 68
30.......... Redemption of compensation ........................................................... 68
31.......... Recurrent payments after payment of lump sum ............................ 69
32.......... Cancelled determinations not to affect certain payments of compensation 69
33.......... Reduction of compensation in certain cases ..................................... 70
Part III--Rehabilitation 72
Division 1--Preliminary 72
34.......... Definitions ........................................................................................ 72
Division 2--Approved rehabilitation program providers 73
34A....... How this Part applies to partnerships ............................................. 73
34B....... Persons may seek approval as rehabilitation program providers ..... 74
34C....... Applications for initial approval ...................................................... 74
34D....... Comcare to establish criteria for approval, or renewal of approval, of persons as rehabilitation program providers .......................................................................................................... 75
34E........ Comcare to establish operational standards for rehabilitation program providers 75
34F........ The initial approval decision ............................................................ 76
34G....... Duration of initial approval given on application ............................. 76
34H....... Comcare may also approve persons as rehabilitation program providers on its own initiative 77
34J........ Persons may seek renewal of approval as rehabilitation program providers in certain circumstances 78
34K....... The renewal application ................................................................... 78
34L........ The renewal decision ........................................................................ 79
34M...... Duration of renewal of approval ...................................................... 79
34N....... Further information may be required of applicants .......................... 80
34P........ Initial approval or renewal is subject to conditions .......................... 80
34Q....... Revocation of approval .................................................................... 81
34R....... Review of decisions .......................................................................... 81
34S........ Approved forms ............................................................................... 81
Division 3--Rehabilitation programs 82
35.......... Exempt authorities ............................................................................ 82
36.......... Assessment of capability of undertaking rehabilitation program ..... 82
37.......... Provision of rehabilitation programs ................................................ 83
38.......... Review of certain determinations by Comcare ................................. 85
39.......... Compensation payable in respect of certain alterations etc. ............ 86
40.......... Duty to provide suitable employment ............................................. 87
41.......... Rehabilitation authorities to comply with guidelines ....................... 88
41A....... Delegation by rehabilitation authority .............................................. 88
Part IV--Liabilities arising apart from this Act 89
42.......... Interpretation .................................................................................... 89
43.......... Certain persons may request cessation of compensation payments 89
44.......... Action for damages not to lie against Commonwealth etc. in certain cases 90
45.......... Actions for damages--election by employees ................................. 91
46.......... Notice of common law claims against third party ............................ 92
47.......... Notice of common law claims against Commonwealth .................... 92
48.......... Compensation not payable where damages recovered ..................... 93
49.......... Dependants not claiming compensation ........................................... 95
50.......... Common law claims against third parties ......................................... 96
51.......... Payment of damages by persons to Comcare ................................... 99
52.......... Compensation not payable both under Act and under award ........ 101
52A....... Comcare's rights and obligations in respect of certain action for non‑economic loss 102
Part V--Claims for compensation 105
53.......... Notice of injury or loss of, or damage to, property ....................... 105
54.......... Claims for compensation ................................................................ 106
55.......... Survival of claims ............................................................................ 106
56.......... Claims may not be made in certain cases ........................................ 107
57.......... Power to require medical examination ............................................ 107
58.......... Power to request the provision of information .............................. 108
59.......... Certain documents to be supplied on request ................................ 109
Part VI--Reconsideration and review of determinations 110
60.......... Interpretation .................................................................................. 110
61.......... Determinations to be notified in writing ......................................... 111
62.......... Reconsideration of determinations ................................................. 111
63.......... Reviewable decision to be notified in writing ................................. 112
64.......... Applications to the Administrative Appeals Tribunal .................. 112
65.......... Modifications of the Administrative Appeals Tribunal Act 1975 ... 113
66.......... Evidence in proceedings before Administrative Appeals Tribunal 113
67.......... Costs of proceedings before Administrative Appeals Tribunal ..... 114
Part VII--Administration and finance 119
Division 1--Comcare 119
68.......... Establishment ................................................................................. 119
69.......... Functions ........................................................................................ 119
70.......... Powers ............................................................................................ 121
70A....... Comcare may charge for certain services ........................................ 121
70B....... Formation and activities of Comcare subsidiaries .......................... 121
71.......... Power to obtain information from Departments and authorities ... 121
72.......... Manner in which claims are to be determined ................................ 122
72A....... Duty to assist the Commission and the Seafarers Safety, Rehabilitation and Compensation Authority 122
73.......... Directions by Minister ................................................................... 123
73A....... Guidelines by Commission ............................................................. 123
73B....... Delegation by Comcare ................................................................... 124
74.......... Constitution of Comcare ................................................................ 124
76.......... The Chief Executive Officer ........................................................... 124
79.......... Persons acting as Chief Executive Officer ...................................... 125
80.......... Remuneration and allowances ......................................................... 126
81.......... Leave of absence ............................................................................. 126
83.......... Resignation ..................................................................................... 127
84.......... Termination of appointment .......................................................... 127
Division 2--Deputy Chief Executive Officer, staff and consultants 128
86.......... Deputy Chief Executive Officer ..................................................... 128
87.......... Duties of Deputy Chief Executive Officer ..................................... 128
88.......... Staff ................................................................................................ 128
89.......... Consultants ..................................................................................... 129
Division 3--The Commission 130
89A....... Establishment ................................................................................. 130
89B....... Functions ........................................................................................ 130
89C....... Powers ............................................................................................ 130
89D....... Directions by Minister ................................................................... 130
89E........ Constitution .................................................................................... 130
89F........ Appointment .................................................................................. 131
89G....... Term of office ................................................................................. 131
89H....... Deputies of members ...................................................................... 132
89J........ Acting Chairperson ......................................................................... 132
89K....... Remuneration and allowances ......................................................... 133
89L........ Leave of absence ............................................................................. 133
89M...... Disclosure of interests .................................................................... 133
89N....... Resignation ..................................................................................... 134
89P........ Termination of appointment .......................................................... 134
89Q....... Meetings ......................................................................................... 135
89R....... Delegation by Commission and sub‑delegation .............................. 136
89S........ Annual reports ................................................................................ 136
Division 4--Finance 137
90.......... Application of the Commonwealth Authorities and Companies Act 1997 137
90B....... Payments to Comcare in respect of liabilities under Part X ........... 137
90C....... Source of funds to enable Comcare to meet its liabilities and other expenses 137
90D....... Appropriation ................................................................................ 140
91.......... Money of Comcare ......................................................................... 140
92.......... Estimates of receipts and expenditure ............................................ 140
93.......... Exemption from taxation ................................................................ 141
95.......... Borrowing ....................................................................................... 141
Division 4A--Premiums and regulatory contributions 142
96.......... Extended meaning of Commonwealth authority for purposes of regulatory contributions 142
97.......... Determination of premiums ............................................................ 142
97A....... Matters for consideration in determination of premium ................ 142
97B....... Determination of special premiums for non‑economic loss in respect of injuries suffered after 30 June 1999 and before 1 July 2002 ..................................................................................... 144
97C....... Estimate of premium for certain Commonwealth authorities ......... 145
97D....... Regulatory contributions ................................................................ 146
97E........ Commission may issue guidelines for determination of premiums and regulatory contributions 146
97F........ Information to be given to Comcare ............................................... 147
97G....... Notice of determinations ................................................................ 147
97H....... Payment of the premium or regulatory contribution ...................... 148
97J........ Review by Comcare of determination of premium or regulatory contribution 148
97K....... Further review by Commission of outcome of Comcare's review . 149
97L........ Refund of premium or regulatory contribution .............................. 149
97M...... Variation of determination of premium or regulatory contribution 150
97N....... Repayment of premium excess etc. ................................................ 151
97P........ Penalty for late payment of premium or regulatory contribution .. 152
Part VIII--Licences to enable Commonwealth authorities and certain corporations to accept liability for, and/or manage, claims 153
Division 1--Preliminary 153
98A....... Outline of Part ................................................................................ 153
99.......... Definitions ...................................................................................... 154
100........ Minister may declare a corporation eligible to be granted a licence under this Part 154
101........ Ministerial directions concerning licences ...................................... 154
Division 2--Powers of the Commission in relation to licences 156
102........ Application for grant of a licence ................................................... 156
103........ The Commission's power to grant licences .................................... 157
104........ Licence decision .............................................................................. 157
104A..... Licence fees ..................................................................................... 158
105........ The Commission may vary the scope of a licence or extend its term 159
106........ Suspension or revocation of licences at the instance of the Commission 159
107........ Revocation of licence at request of licensee .................................... 159
107A..... Effect of suspension or revocation ................................................. 160
Division 3--Authorisation to accept liability in respect of certain claims 161
108........ Licence can authorise licensee to accept liability ............................ 161
108A..... The consequences of a licensee's authorisation to accept liability . 161
Division 4--Authorisation to manage claims 164
108B..... Licence can authorise licensee to manage claims ............................. 164
108C..... The consequences of a licensee's authorisation to manage claims .. 164
Division 5--Conditions of a licence 167
108D..... The Commission may grant licence on conditions ......................... 167
Division 6--Miscellaneous 169
108E...... Functions of licensees ..................................................................... 169
108F...... Powers of licensee .......................................................................... 169
108G..... Date of effect of certain notices under this Part ............................. 170
108H..... Delegation by licensed authority .................................................... 170
Part IX--Miscellaneous 171
109A..... Jurisdiction of courts with respect to extraterritorial offences ....... 171
109........ Determinations to be in writing ...................................................... 171
110........ Money paid to relevant authority for benefit of person ................ 171
111........ Provisions applicable on death of beneficiary ................................ 172
112........ Assignment, set‑off or attachment of compensation ...................... 173
112A..... Making of compensation payments through employers of employees paid out of public money 173
112B..... Making of compensation payments through employers of employees not paid out of public money 175
113........ Recovery of amounts due to relevant authority ............................. 175
114........ Recovery of overpayments ............................................................ 176
114A..... Notice to Comcare of retirement of employee ............................... 176
114B..... Recovery of overpayment to retired employee .............................. 177
114C..... Comcare may write off debt ........................................................... 180
114D..... Comcare may waive debt ................................................................ 180
115........ Deduction of overpayments of repatriation pensions .................... 181
116........ Employees on compensation leave ................................................. 182
117........ Compensation payable to locally engaged overseas employees ..... 183
118........ Double benefits ............................................................................... 184
119........ Compensation where State compensation payable ........................ 186
120........ Notice of departure from Australia etc. .......................................... 187
121A..... Confidential commercial information not to be published .............. 188
122........ Regulations ..................................................................................... 189
Part X--Transitional provisions, consequential amendments and repeals 190
Division 1--Preliminary 190
123........ Interpretation .................................................................................. 190
123A..... Injuries suffered before the commencing day ................................. 190
Division 2--Transitional provisions 191
124........ Application of Act to pre‑existing injuries ..................................... 191
124A..... Northern Territory to reimburse Comcare for certain compensation payments and administrative expenses 194
125........ Payments under previous Acts ...................................................... 195
126........ Notices, claims etc. under previous Acts ....................................... 195
127........ Settlements and determinations under previous Acts .................... 196
128........ Liability under previous Acts ......................................................... 197
128A..... Comcare's liability to be discharged by prescribed Commonwealth authorities in some cases 197
129........ Application for review and other proceedings under previous Acts 199
129A..... Reconsideration and review of certain determinations under 1971 Act .. 199
130........ Money and investments held under 1971 Act ............................... 200
Division 3--Special transitional provisions relating to certain former employees 201
131........ Former employees under 65 who are in receipt of superannuation benefits and are unable to engage in any work ........................................................................................................ 201
132........ Former employees under 65 who are not in receipt of superannuation benefits and are unable to engage in any work ........................................................................................................ 202
132A..... Former employees under 65 who are capable of engaging in any work .. 203
133........ Minimum benefit payable .............................................................. 204
134........ Reduction of compensation on reaching 65 .................................... 205
135........ Former employees 65 and over who are in receipt of superannuation benefits 205
136........ Former employees 65 and over who are not in receipt of superannuation benefits 205
137........ Redemption on request by former employee ................................. 206
Division 4--Consequential amendments 208
138........ Consequential amendments ............................................................ 208
Division 5--Repeals 209
139........ Repeals ........................................................................................... 209
Part XI--Operation of this Act in relation to certain defence‑related injuries and deaths etc. 210
Division 1--Preliminary 210
140........ Simplified outline of this Part ......................................................... 210
141........ Definitions ...................................................................................... 210
Division 2--Management of defence‑related claims 212
142........ Functions of MRCC ....................................................................... 212
143........ Giving copies of defence‑related claims etc. ................................... 213
144........ Provisions relating to management of claims etc. ........................... 213
Division 3--Administrative matters 216
145........ Relevant authority .......................................................................... 216
146........ Rehabilitation authority etc. ........................................................... 216
147........ References to Comcare etc. ............................................................. 216
148........ Rehabilitation programs .................................................................. 217
149........ Directions by Minister ................................................................... 218
150........ Guidelines by Commission ............................................................. 218
151........ Obtaining information ..................................................................... 218
152........ Delegation ....................................................................................... 219
153........ Holding money on trust for person under a legal disability ........... 219
154........ Settlements and determinations etc. under the 1912 Act, the 1930 Act or the 1971 Act 219
Division 4--Reconsideration and review 221
155........ Reconsideration and review ............................................................ 221
Division 5--Modifications relating to Comcare and Defence Department for employees who are engaged in defence service 222
156........ Liabilities of Comcare and the Commission with respect to defence service 222
157........ Application of certain provisions to Defence Department ............ 222
158........ Regulatory contributions by Defence Department ........................ 222
159........ Modifications of provisions relating to contributions .................... 223
Division 6--Appropriation 224
160........ Appropriation ................................................................................ 224
Division 7--Annual report 225
161........ Annual report ................................................................................. 225
Schedule--Consequential Amendments 226
Notes 227
An Act relating to the rehabilitation of employees of the Commonwealth and certain corporations and to workers' compensation for those employees and certain other persons, and for related purposes
Notes to
the
Safety, Rehabilitation and Compensation
Act 1988 Note 1 The Safety, Rehabilitation and Compensation Act 1988 as
shown in this compilation comprises Act No. 75, 1988 amended as indicated
in the Tables below. The Safety, Rehabilitation and Compensation Act 1988 was
amended by the Public Employment (Consequential and Transitional)
Regulations 1999 (Statutory Rules 1999 No. 301 as amended by 2000 No. 332),
Safety, Rehabilitation and Compensation Act 1988
Amendment Regulations 2001 (No. 1) (Statutory Rules 2001 No. 70)
and the Workplace Relations Amendment (Work Choices) (Consequential
Amendments) Regulations 2006 (No. 1) (SLI 2006 No. 50). The
amendments are incorporated in this compilation. The Safety, Rehabilitation and Compensation Act 1988
was modified by the United States Naval Communication Station
The Safety, Rehabilitation and Compensation Act 1988 was affected by sections 22-30 of the CSL Sale Act 1993, sections 5-13 of the Commonwealth Bank Sale Act 1995 and sections 23-25 of the Housing Loans Insurance Corporation (Transfer of Assets and Abolition) Act 1996.
For application, saving or transitional provisions made by the Corporations (Repeals, Consequentials and Transitionals) Act 2001, see Act No. 55, 2001.
All other relevant information pertaining to application, saving or transitional provisions prior to 9 April 1999 is not included in this compilation. For subsequent information see Table A.
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
Commonwealth Employees' Rehabilitation and Compensation Act 1988 |
75, 1988 |
24 June 1988 |
Ss. 1 and 2: Royal Assent |
|
|
A.C.T. Self‑Government (Consequential Provisions) Act 1988 |
109, 1988 |
6 Dec 1988 |
S. 32 and Schedule 5 (in part): (a) |
|
|
as amended by |
|
|
|
|
|
Arts, Environment and Territories Legislation Amendment Act 1993 |
6, 1994 |
18 Jan 1994 |
S. 4(1): 11 May 1989 (b) |
-- |
|
Australian Capital Territory Government Service (Consequential Provisions) Act 1994 |
92, 1994 |
29 June 1994 |
1 July 1994 (see Gazette 1994, No. S256) |
-- |
|
Social Security and Veterans' Affairs Legislation Amendment Act 1988 |
135, 1988 |
22 Dec 1988 |
Ss. 32 and 33: Royal Assent (c) |
-- |
|
Commonwealth Employees' Rehabilitation and Compensation Amendment Act 1990 |
68, 1990 |
16 June 1990 |
Ss. 1 and 2: Royal Assent |
-- |
|
as amended by |
|
|
|
|
|
43, 1996 |
25 Oct 1996 |
Schedule 3 (item 8): 16 June 1990 (d) |
-- |
|
|
70, 1991 |
25 June 1991 |
(e) |
-- |
|
|
122, 1991 |
27 June 1991 |
Ss. 4(1), 10(b) and 15-20: 1 Dec 1988 |
||
|
as amended by |
|
|
|
|
|
95, 1992 |
30 June 1992 |
(see 95, 1992 below) |
-- |
|
|
7, 1992 |
15 Jan 1992 |
Part 2 (ss. 3-27): 22 June 1992 (see Gazette 1992, No. S159) |
||
|
as amended by |
|
|
|
|
|
95, 1992 |
30 June 1992 |
(see 95, 1992 below) |
-- |
|
|
95, 1992 |
30 June 1992 |
Ss. 3-33, Parts 5 and 6 (ss. 44-50): 30 June 1992 (see Gazette 1992, No. S175) |
||
|
196, 1992 |
21 Dec 1992 |
S. 27: 30 July 1995 (see Gazette 1995, No.
S324) (f) |
S. 2(6) (am. by 60, 1993, s. 4; 168, 1994, Sch. [item 17]) |
|
|
as amended by |
|
|
|
|
|
60, 1993 |
3 Nov 1993 |
10 Mar 1993 |
-- |
|
|
168, 1994 |
16 Dec 1994 |
Schedule (items 7, 18): (g) |
-- |
|
|
Seafarers Rehabilitation and Compensation (Transitional Provisions and Consequential Amendments) Act 1992 |
233, 1992 |
24 Dec 1992 |
24 June 1993 |
-- |
|
Commonwealth Employees' Rehabilitation and Compensation Amendment Act 1992 |
264, 1992 |
24 Dec 1992 |
24 Dec 1992 |
|
|
Industrial Relations and other Legislation Amendment Act 1993 |
109, 1993 |
22 Dec 1993 |
Ss. 1, 2 and 58: Royal Assent |
-- |
|
54, 1994 |
7 Apr 1994 |
7 Apr 1994 |
S. 11(2) (rs. by 118, 1995, Sch. 6) |
|
|
as amended by |
|
|
|
|
|
118, 1995 |
17 Oct 1995 |
Schedule 6: 7 Apr 1994 (h) |
-- |
|
|
64, 1994 |
30 May 1994 |
Schedule 3: Royal Assent (i) |
-- |
|
|
43, 1995 |
15 June 1995 |
Schedule 6: Royal Assent (j) |
-- |
|
|
Industrial Relations and other Legislation Amendment Act 1995 |
168, 1995 |
16 Dec 1995 |
Ss. 1-12, Schedules 5 and 7-10: Royal Assent |
-- |
|
175, 1995 |
16 Dec 1995 |
16 Dec 1995 |
-- |
|
|
43, 1996 |
25 Oct 1996 |
Schedule 2 (items 91-96): (k) |
-- |
|
|
96, 1997 |
30 June 1997 |
Schedule 4 (item 17): 1 Nov 2000 (see Gazette 2000, No. S562) (l) |
-- |
|
|
152, 1997 |
24 Oct 1997 |
Schedule 2 (items 1164-1177): 1 Jan 1998 (see Gazette 1997, No. GN49) (m) |
-- |
|
|
Veterans' Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997 |
157, 1997 |
3 Nov 1997 |
Schedule 3: Royal Assent (n) |
-- |
|
Snowy Hydro Corporatisation (Consequential Amendments) Act 1997 |
177, 1997 |
21 Nov 1997 |
28 June 2002 (see s. 2 and Gazette 2002, No. S216) |
-- |
|
Assistance for Carers Legislation Amendment Act 1999 |
13, 1999 |
9 Apr 1999 |
Schedule 2 (items 69-71): (o) |
Sch. 2 (item 71) [see Table A] |
|
A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999 |
83, 1999 |
8 July 1999 |
Schedule 11 (item 4): 1 July 2000 (p) |
-- |
|
Public Employment (Consequential and Transitional) Amendment Act 1999 |
146, 1999 |
11 Nov 1999 |
Schedule 1 (items 801-806): 5 Dec 1999 (see Gazette 1999, No. S584) (q) |
-- |
|
156, 1999 |
24 Nov 1999 |
Schedule 10 (item 115): 13 Mar 2000 (see Gazette 2000, No. S114) (r) |
-- |
|
|
9, 2000 |
7 Mar 2000 |
2 July 2000 (see Gazette 2000, No. S328) |
Sch. 3 (items 20, 31, 34, 35) [see Table A] |
|
|
Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000 |
163, 2000 |
21 Dec 2000 |
Schedule 2 (items 30, 31): (s) |
-- |
|
30, 2001 |
28 Apr 2001 |
Schedule 1 (item 15): (t) |
-- |
|
|
Family and Community Services and Veterans' Affairs Legislation Amendment (Debt Recovery) Act 2001 |
47, 2001 |
12 June 2001 |
Schedule 5: Royal Assent (u) |
-- |
|
Corporations (Repeals, Consequentials and Transitionals) Act 2001 |
55, 2001 |
28 June 2001 |
Ss. 4-14 and Schedule 3 (item 464): 15 July 2001 (see Gazette 2001, No. S285) (v) |
|
|
Employment, Workplace Relations and Small Business Legislation Amendment (Application of Criminal Code) Act 2001 |
142, 2001 |
1 Oct 2001 |
S. 4 and Schedule 1 (items 111- 115): 2 Oct 2001 (w) |
S. 4 [see Table A] |
|
Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2001 |
144, 2001 |
1 Oct 2001 |
Schedule 2 (items 13, 21-
25, 29, 53-
56,
84-
89, |
Sch. 2 (items 20, 25, 28, 50, 56, 71, 73, 76- 80) [see Table A] |
|
as amended by |
|
|
|
|
|
Employment, Workplace Relations and Small Business Legislation Amendment (Application of Criminal Code) Act 2001 |
142, 2001 |
1 Oct 2001 |
Schedule 1 (items 116-118): 1 Oct 2001 (y) |
-- |
|
127, 2002 |
11 Dec 2002 |
Schedule 1 (items 1, 3): Royal Assent |
Sch. 1 (item 17) [see Table A] |
|
|
32, 2003 |
15 Apr 2003 |
Schedule 1: 1 July 2003 (see Gazette
2003, No. S228) |
-- |
|
|
135, 2003 |
17 Dec 2003 |
Schedule 2 (items 40-42): 17 June 2004 |
-- |
|
|
Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 |
52, 2004 |
27 Apr 2004 |
-- |
|
|
8, 2005 |
22 Feb 2005 |
Schedule 2 (items 157-161, 174): Royal Assent |
Sch. 2 (item 174) [see Table A] |
|
|
38, 2005 |
1 Apr 2005 |
Schedule 1 (items 230, 231): 16 May 2005 |
-- |
|
|
Asbestos‑related Claims (Management of Commonwealth Liabilities) (Consequential and Transitional Provisions) Act 2005 |
123, 2005 |
19 Oct 2005 |
Schedule 1: 26 Oct 2005 (see s. 2(1)) |
-- |
|
National Occupational Health and Safety Commission (Repeal, Consequential and Transitional Provisions) Act 2005 |
135, 2005 |
15 Nov 2005 |
Schedules 1 and 2: 1 Jan 2006 (see s. 2(1)) |
-- |
|
9, 2006 |
23 Mar 2006 |
Schedule 1 (item 23): (z) |
-- |
|
|
30, 2006 |
6 Apr 2006 |
Schedule 2: 1 July 2006 |
Sch. 2 (item 9) [see Table A] |
|
|
98, 2006 |
14 Sept 2006 |
Schedule 1 (items 41-50): 14 Mar 2007 |
Sch. 2 (items |
|
|
Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2007 |
54, 2007 |
12 Apr 2007 |
Ss. 1-3: Royal Assent |
Sch. 1 (items |
|
Same‑Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008 |
144, 2008 |
9 Dec 2008 |
Schedule 5 (items 11-26): 10 Dec 2008 |
Sch. 5 (item 26) [see Table A] |
|
Safe Work Australia (Consequential and Transitional Provisions) Act 2008 |
157, 2008 |
18 Dec 2008 |
Schedule 2 (items 5-7): 1 Nov 2009 (see s. 2(1)) |
-- |
|
Employment and Workplace Relations Amendment Act 2009 |
37, 2009 |
3 June 2009 |
Schedule 1 (items 1, 2): 1 July 2009 |
Sch. 1 (items 6, 7) [see Table A] |
|
Fair Work (State Referral and Consequential and Other Amendments) Act 2009 |
54, 2009 |
25 June 2009 |
Schedule 8 (items 109, 110): (za) |
-- |
(a) The Safety, Rehabilitation and Compensation Act 1988 was amended by section 32 and Schedule 5 (in part) only of the A.C.T. Self‑Government (Consequential Provisions) Act 1988, subsection 2(3) of which provides as follows:
(3) The remaining provisions of this Act (including the amendments made by Schedule 5) commence on a day or days to be fixed by Proclamation.
Subsections 21(1) and (2) of the Australian Capital Territory Government Service (Consequential Provisions) Act 1994, provide as follows:
(1) Items in Schedule 5 to the Principal Act, as amended by this Act, that have not commenced under section 2 of the Principal Act commence immediately after the commencement of this Act.
(2) This section has effect in spite of subsection 2(3) of the Principal Act.
The Australian Capital Territory Government Service (Consequential Provisions) Act 1994 came into operation on 1 July 1994 (see Gazette 1994, No. S256).
(b) Subsections 2(2) and (3) of the Arts, Environment and Territories Legislation Amendment Act 1993, provide as follows:
(2) Subsection 4(1) is taken to have commenced on 11 May 1989, immediately after the commencement of section 22 of the A.C.T. Self‑Government (Consequential Provisions) Act 1988.
(3) Subsection 4(2) is taken to have commenced on 14 November 1989, immediately after the commencement of the Legislative Assembly (Members' Staff) Act 1989 of the Australian Capital Territory.
(c) The Safety, Rehabilitation and Compensation Act 1988 was amended by sections 32-35 only of the Social Security and Veterans' Affairs Legislation Amendment Act 1988, section 2 of which provides as follows:
2 Each provision of this Act commences, or shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision.
(d) The Commonwealth Employees' Rehabilitation and Compensation Amendment Act 1990 was amended by Schedule 3 (item 8) only of the Statute Law Revision Act 1996, subsection 2(3) of which provides as follows:
(3) Each item in Schedule 3 is taken to have commenced when the Act containing the provision amended by the item received the Royal Assent.
(e) Section 2 of the Social Security (Rewrite) Transition Act 1991 provides as follows:
2 This Act commences immediately after the Social Security Act 1991 commences.
The Social Security Act 1991 came into operation on 1 July 1991.
(f) The Safety, Rehabilitation and Compensation Act 1988 was amended by the Qantas Sale Act 1992 subsections 2(2), (3)(b), (c), (5) and (6) of which provide as follows:
(2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
(3) A Proclamation may fix a day that is earlier than the day on which the Proclamation is published in the Gazette but only if:
(b) in the case of sections 22, 23, 26, 27, 29, 32, 33, 34, 42, 45, 46, 47, 48 and 49 and Parts 3 and 4 of the Schedule--the day is not earlier than the 50% sale day;
(c) in the case of sections 25, 36, 38, 44 and 51 and Parts 5, 6 and 7 of the Schedule--the day is not earlier than the 100% sale day.
(5) If, on the 100% sale day, Part 3 of the Schedule has not commenced, then, on the day on which Part 7 of the Schedule commences, Parts 3 and 6 of the Schedule are taken to have been repealed.
(6) If a provision of this Act has not commenced before 31 August 1995, the provision is taken to have been repealed on that day.
The Schedule (Parts 3 and 6) are taken to have been repealed on 31 August 1995.
(g) The Qantas Sale Act 1992 was amended by the Qantas Sale Amendment Act 1994, subsections 2(1) and (2) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) Items 7 and 18 of the Schedule commence immediately after the commencement of section 27 of the Qantas Sale Act 1992.
Section 27 commenced on 30 July 1995 (see Gazette 1995, No. S324).
(h) Subsection 2(19) of the Veterans' Affairs Legislation Amendment and Repeal Act 1995 provides as follows:
(19) Schedule 6 is taken to have commenced on 7 April 1994, immediately after the commencement of the Military Compensation Act 1994.
(i) The Safety, Rehabilitation and Compensation Act 1988 was amended by the Transport and Communications Legislation Amendment Act 1994, subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(j) The Safety, Rehabilitation and Compensation Act 1988 was amended by the Defence Legislation Amendment Act 1995, subsection 2(1) of which provides as follows:
(1) Except as indicated in subsections (2), (3) and (4), this Act commences on the day on which it receives the Royal Assent.
(k) The Safety, Rehabilitation and Compensation Act 1988 was amended by Schedule 2 (items 91-96) and Schedule 4 (item 130) only of the Statute Law Revision Act 1996, subsections 2(1) and (2) of which provide as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(2) Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item.
Items 91, 92 and 94 are taken to have commenced immediately after the commencement of section 4 of the Military Compensation Act 1994.
Section 4 commenced on 7 April 1994.
Item 93 is taken to have commenced immediately after the commencement of item 92 of this Schedule.
Items 95 and 96 are taken to have commenced on the day on which this Act receives the Royal Assent.
(l) The Safety, Rehabilitation and Compensation Act 1988 was amended by Schedule 4 (item 17) only of the Australian National Railways Commission Sale Act 1997, subsection 2(5) of which provides as follows:
(5) The remaining items of Schedule 3 and Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the later of the day proclaimed for the purposes of subsection (2) and the day proclaimed for the purposes of subsection (3).
(m) The Safety, Rehabilitation and Compensation Act 1988 was amended by Schedule 2 (items 1164-1177) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:
(2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.
(n) The Safety, Rehabilitation and Compensation Act 1988 was amended by Schedule 3 only of the Veterans' Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997, subsection 2(1) of which provides as follows:
(1) Subject to the following subsections, this Act commences on the day on which it receives the Royal Assent.
(o) The Safety, Rehabilitation and Compensation Act 1988 was amended by Schedule 2 (items 69 and 70) only of the Assistance for Carers Legislation Amendment Act 1999, subsection 2(2) of which provides as follows:
(2) The following provisions:
(a) Parts 1 and 4 of Schedule 1;
(b) Schedule 2 (other than items 1 and 3);
(c) Schedule 3 (other than item 1);
commence immediately after the commencement of Schedule 1 to the Payment Processing Legislation Amendment (Social Security and Veterans' Entitlements) Act 1998.
Note: Schedule 1 to the Payment Processing Legislation Amendment (Social Security and Veterans' Entitlements) Act 1998 commenced on 1 July 1999.
(p) The Safety, Rehabilitation and Compensation Act 1988 was amended by Schedule 11 (item 4) only of the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999, subsection 2(2) of which provides as follows:
(2) Schedule 1 (Parts 1 to 5), Schedules 3 to 6, Schedule 7 (other than item 14), Schedules 8 and 9, Schedule 10 (other than items 22, 63, 66 and 67) and Schedule 11 (items 3 and 4 only) commence, or are taken to have commenced, on the commencement of Schedule 1 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999.
(q) The Safety, Rehabilitation and Compensation Act 1988 was amended by Schedule 1 (items 801-806) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
(r) The Safety, Rehabilitation and Compensation Act 1988 was amended by Schedule 10 (item 115) only of the Corporate Law Economic Reform Program Act 1999, subsection 2(2)(c) of which provides as follows:
(2) The following provisions commence on a day or days to be fixed by Proclamation:
(c) the items in Schedules 10, 11 and 12.
(s) The Safety, Rehabilitation and Compensation Act 1988 was amended by Schedule 2 (items 30 and 31) only of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000, subsection 2(2) of which provides as follows:
(2) Schedules 1 (repeals) and 2 (consequential amendments) commence on the transfer day, immediately after the transfer of assets, liabilities and staff under Part 2.
Note: See sections 12 and 13 for the transfer day, and the time at which the transfer occurs.
The transfer day was 1 February 2001 (see Gazette 2001, No. GN6).
(t) The Safety, Rehabilitation and Compensation Act 1988 was amended by Schedule 1 (item 15) only of the Pig Industry Act 2001, subsection 2(2) of which provides as follows:
(2) Schedule 1 (other than item 3) commences immediately after the transfer time.
Note: Transfer time is defined in section 7.
The transfer day was the beginning of 1 July 2001 (see Gazette 2001, No. S269).
(u) The Safety, Rehabilitation and Compensation Act 1988 was amended by Schedule 5 only of the Family and Community Services and Veterans' Affairs Legislation Amendment (Debt Recovery) Act 2001, subsection 2(1) of which provides as follows:
(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.
(v) The Safety, Rehabilitation and Compensation Act 1988 was amended by Schedule 3 (item 464) only of the Corporations (Repeals, Consequentials and Transitionals) Act 2001, subsection 2(3) of which provides as follows:
(3) Subject to subsections (4) to (10), Schedule 3 commences, or is taken to have commenced, at the same time as the Corporations Act 2001.
(w) The Safety, Rehabilitation and Compensation Act 1988 was amended by Schedule 1 (items 111-115) only of the Employment, Workplace Relations and Small Business Legislation Amendment (Application of Criminal Code) Act 2001, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day after the day on which it receives the Royal Assent.
(x) The Safety, Rehabilitation and Compensation Act 1988 was amended by Schedule 2 only of the Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2001, subsections 2(1), (3)-(5) and (7) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(3) Items 12, 13, 14, 24, 27, 28, 29, 30, 34, 44, 46, 47, 48, 55 and 57 of Schedule 1, items 90, 91 and 101 of Schedule 2, and items 2 and 6 to 11 of Schedule 3 commence 28 days after the day on which this Act receives the Royal Assent.
(4) Part 3 of Schedule 2 commences immediately after the end of the period of 6 months after the day on which this Act receives the Royal Assent.
(5) Part 10 of Schedule 2 commences on 1 July 2002.
(7) Subject to subsection (8), if an item of this Act referred to in subsection (2) does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, that item commences on the first day after the end of that period.
(y) The Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2001 was amended by Schedule 1 (items 116-118) only of the Employment, Workplace Relations and Small Business Legislation Amendment (Application of Criminal Code) Act 2001, subsection 4(a) of which provides as follows:
(4) The commencement of the items of Schedule 1 to this Act that amend the Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2001 is as follows:
(a) if Part 10 of Schedule 2 to that Act does not commence on or before the commencement of section 1 of this Act, the items commence, or are taken to have commenced, on the day on which the Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2001 receives the Royal Assent;
(z) Subsection 2(1) (item 15) of the Statute Law Revision Act 2006 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Commencement information |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
15. Schedule 1, item 23 |
Immediately after the commencement of subsection 4(1) of the Commonwealth Employees' Rehabilitation and Compensation Act 1988. |
1 July 1988 |
(za) Subsection 2(1) (item 24) of the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
24. Schedule 8, items 1 to 130 |
Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009. |
1 July 2009 (see F2009L02563) |
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
Title...................................... |
am. No. 264, 1992; No. 109, 1993 |
|
Part I |
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|
am. No. 264, 1992; No. 109, 1993 |
|
|
am. No. 109, 1988 (as am. by No. 92, 1994); Nos. 70 and 122, 1991; Nos. 7, 95 and 264, 1992; Nos. 13 and 83, 1999; Statutory Rules 2001 No. 70; No. 144, 2001; No. 52, 2004; Nos. 9, 30 and 98, 2006; No. 54, 2007; No. 144, 2008 |
|
|
Note to s. 4(3)..................... |
ad. No. 52, 2004 |
|
ad. No. 52, 2004 |
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ad. No. 109, 1988 (as am. by No. 92, 1994) |
|
|
am. No. 109, 1988 (as am. by No. 92, 1994); No. 135, 1988; No. 68, 1990; Nos. 7, 95, 233 and 264, 1992; No. 109, 1993; No. 54, 1994; No. 43, 1996; No. 157, 1997; No. 9, 2000; No. 52, 2004; No. 54, 2007 |
|
|
Note to s. 5(2)..................... |
ad. No. 52, 2004 |
|
Note to s. 5(6A).................. |
ad. No. 52, 2004 |
|
Note to s. 5(10)................... |
ad. No. 52, 2004 |
|
ad. No. 54, 2007 |
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am. No. 135, 1988; No. 264, 1992; No. 168, 1995; No. 54, 2007 |
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ad. No. 54, 1994 |
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am. No. 43, 1995; No. 135, 2003; No. 52, 2004 |
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am. No. 264, 1992; No. 54, 2007 |
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|
am. No. 122, 1991 (as am. by No. 95, 1992); Nos. 7 and 264, 1992; No. 144, 2001; No. 54, 2007 |
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am. No. 264, 1992 |
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Heading to s. 13.................. |
am. No. 37, 2009 |
|
am. No. 54, 2007; No. 37, 2009 |
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S. 13AA.............................. |
ad. No. 37, 2009 |
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ad. No. 142, 2001 |
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Part II |
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|
Division 1 |
|
|
am. No. 122, 1991 (as am. by No. 95, 1992) |
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am. Nos. 7 and 264, 1992 |
|
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Note to s. 15(1)................... |
ad. No. 52, 2004 |
|
ad. No. 52, 2004 |
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am. Nos. 7 and 264, 1992; No. 54, 2007 |
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Division 2 |
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am. No. 7, 1992; No. 37, 2009 |
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am. Nos. 7 and 264, 1992; No. 54, 2007 |
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Division 3 |
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am. No. 135, 1988; Nos. 7, 95 and 264, 1992; No. 144, 2001; No. 144, 2008 |
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Note to s. 19(12)................. |
ad. No. 144, 2008 |
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am. No. 7, 1992; No. 54, 1994; No. 54, 2007 |
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ad. No. 264, 1992 |
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am. No. 54, 1994; No. 144, 2001; No. 54, 2007 |
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am. Nos. 7 and 264, 1992 |
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am. No. 264, 1992; Statutory Rules 1999 No. 301 (as am. by Statutory Rules 2000 No. 332); No. 144, 2001 |
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ad. No. 30, 2006 |
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Division 4 |
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am. Nos. 7 and 264, 1992; No. 144, 2001 |
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am. No. 7, 1992; No. 144, 2001 |
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am. No. 7, 1992; No. 54, 2007 |
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am. No. 7, 1992; No. 144, 2001 |
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am. Nos. 7, 95 and 264, 1992; No. 144, 2001; No. 54, 2007 |
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Division 5 |
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am. No. 7, 1992 |
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Note to s. 29(2)................... |
ad. No. 144, 2008 |
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Note to s. 29(4)................... |
ad. No. 144, 2008 |
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Division 6 |
|
|
am. Nos. 7 and 264, 1992; No. 144, 2001; No. 54, 2007 |
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am. Nos. 7 and 264, 1992 |
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am. Nos. 7, 95 and 264, 1992 |
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am. No. 264, 1992; No. 109, 1993; No. 30, 2006 |
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Part III |
|
|
Division 1 |
|
|
Heading to Div. 1 ................ |
ad. No. 144, 2001 |
|
am. Nos. 7 and 95, 1992 |
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|
rs. No. 144, 2001 |
|
Division 2 |
|
|
Div. 2 of Part III.................... |
ad. No. 144, 2001 |
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ad. No. 144, 2001 |
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ad. No. 144, 2001 |
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am. No. 54, 2007 |
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ad. No. 144, 2001 |
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ad. No. 144, 2001 |
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ad. No. 144, 2001 |
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ad. No. 144, 2001 |
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am. No. 54, 2007 |
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Division 3 |
|
|
Heading to Div. 3 ................ |
ad. No. 144, 2001 |
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am. Statutory Rules 2001 No. 70 |
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am. No. 70, 1991; Nos. 7 and 95, 1992; No. 144, 2001; No. 54, 2007 |
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Note to s. 37(1)................... |
ad. No. 52, 2004 |
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rep. No. 54, 2007 |
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am. No. 7, 1992 |
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am. No. 264, 1992 |
|
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am. No. 7, 1992 |
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ad. No. 122, 1991 |
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am. No. 264, 1992; Statutory Rules 2001 No. 70; No. 144, 2001 |
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rs. No. 144, 2001 |
|
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am. No. 127, 2002 |
|
Part IV |
|
|
am. No. 7, 1992; No. 54, 1994; No. 144, 2001 |
|
|
am. No. 264, 1992; No. 144, 2001 |
|
|
Heading to s. 46.................. |
am. No. 144, 2001 |
|
am. No. 264, 1992; Nos. 142 and 144, 2001 |
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am. Nos. 7 and 264, 1992; Nos. 142 and 144, 2001 |
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rs. No. 144, 2001 (as am. by No. 142, 2001) |
|
am. No. 122, 1991; No. 7, 1992; Nos. 142 and 144, 2001; No. 54, 2007 |
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|
am. No. 7, 1992 |
|
|
Heading to s. 50.................. |
am. No. 144, 2001 |
|
am. Nos. 7 and 264, 1992; No. 144, 2001; No. 54, 2007 |
|
|
am. Nos. 7 and 264, 1992; No. 144, 2001 |
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|
am. No. 264, 1992; SLI 2006 No. 50; No. 54, 2009 |
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|
ad. No. 144, 2001 |
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Part V |
|
|
am. Nos. 7 and 264, 1992; Statutory Rules 2001 No. 70; No. 144, 2001 |
|
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am. No. 7, 1992; No. 54, 2007 |
|
|
am. No. 264, 1992 |
|
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Part VI |
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|
am. Nos. 7, 95 and 264, 1992; No. 109, 1993; No. 144, 2001 |
|
|
am. No. 264, 1992; No. 144, 2001 |
|
|
rs. No. 264, 1992 |
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am. No. 144, 2001 |
|
am. No. 38, 2005 |
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am. No. 122, 1991 (as am. by No. 95, 1992); Nos. 7 and 264, 1992; No. 175, 1995; No. 144, 2001 |
|
|
Part VII |
|
|
Heading to Part VII............... |
rs. No. 7, 1992 |
|
Division 1 |
|
|
Heading to Div. 1 ................ |
rs. No. 7, 1992 |
|
rs. No. 7, 1992 |
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|
am. Nos. 7 and 95, 1992; No. 144, 2001; No. 98, 2006; No. 54, 2007 |
|
|
Note to s. 69........................ |
ad. No. 123, 2005 |
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am. No. 98, 2006 |
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am. No. 7, 1992 |
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ad. No. 95, 1992 |
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am. Statutory Rules 2001 No. 70 |
|
Heading to s. 70B................ |
rs. No. 152, 1997 |
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ad. No. 264, 1992 |
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am. No. 152, 1997; No. 144, 2001 |
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am. Nos. 7, 95 and 264, 1992; Statutory Rules 2001 No. 70 |
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|
am. No. 7, 1992 |
|
|
Heading to s. 72A............... |
rs. No. 127, 2002 |
|
ad. No. 7, 1992 |
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am. No. 127, 2002 |
|
am. No. 7, 1992; No. 152, 1997 |
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ad. No. 7, 1992 |
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am. Nos. 95 and 264, 1992; No. 144, 2001; No. 123, 2005; No. 98, 2006; No. 54, 2007 |
|
ad. No. 7, 1992 |
|
|
Note to s. 73B..................... |
ad. No. 123, 2005 |
|
am. No. 7, 1992 |
|
|
Note to s. 74(1)................... |
ad. No. 152, 1997 |
|
S. 75.................................... |
rep. No. 7, 1992 |
|
am. No. 122, 1991 |
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|
rs. No. 7, 1992 |
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am. No. 152, 1997 |
|
Ss. 77, 78............................ |
rep. No. 7, 1992 |
|
am. No. 7, 1992; No. 43, 1996 |
|
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rs. No. 122, 1991 |
|
|
|
am. No. 7, 1992; No. 146, 1999 |
|
S. 82.................................... |
rep. No. 7, 1992 |
|
am. No. 7, 1992 |
|
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am. No. 122, 1991 |
|
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|
rs. No. 7, 1992 |
|
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am. No. 152, 1997 |
|
S. 85.................................... |
rep. No. 7, 1992 |
|
Division 2 |
|
|
Heading to Div. 3 ................ |
rep. No. 7,
1992 |
|
am. No. 7, 1992; No. 146, 1999 |
|
|
am. No. 7, 1992; No. 146, 1999 |
|
|
am. No. 7, 1992 |
|
|
Division 3 |
|
|
Div. 3 of Part VII.................. |
ad. No. 7, 1992 |
|
ad. No. 7, 1992 |
|
|
|
am. No. 264, 1992 |
|
ad. No. 7, 1992 |
|
|
|
am. Nos. 95 and 264, 1992; No. 54, 2007 |
|
ad. No. 7, 1992 |
|
|
ad. No. 7, 1992 |
|
|
|
am. No. 95, 1992; No. 54, 1994; No. 152, 1997; No. 144, 2001; No. 135, 2005; No. 157, 2008 |
|
ad. No. 7, 1992 |
|
|
|
am. No. 95, 1992 |
|
ad. No. 7, 1992 |
|
|
ad. No. 7, 1992 |
|
|
|
am. No. 157, 2008 |
|
ad. No. 7, 1992 |
|
|
ad. No. 7, 1992 |
|
|
Heading to s. 89R................ |
am. No. 144, 2001 |
|
ad. No. 7, 1992 |
|
|
|
am. No. 144, 2001 |
|
ad. No. 7, 1992 |
|
|
|
am. Nos. 95 and 264, 1992; No. 54, 2007 |
|
Division 4 |
|
|
am. No. 7, 1992 |
|
|
|
rs. No. 152, 1997 |
|
|
am. No. 156, 1999 |
|
S. 90A................................. |
ad. No. 95, 1992 |
|
|
am. No. 152, 1997 |
|
|
rep. No. 144, 2001 |
|
ad. No. 95, 1992 |
|
|
ad. No. 95, 1992 |
|
|
|
am. Statutory Rules 2001 No. 70 |
|
|
rs. No. 144, 2001 |
|
ad. No. 95, 1992 |
|
|
am. Nos. 7 and 95, 1992; No. 152, 1997; No. 144, 2001; Nos. 8 and 123, 2005; No. 98, 2006 |
|
|
am. No. 7, 1992; No. 152, 1997 |
|
|
am. No. 7, 1992 |
|
|
S. 94.................................... |
am. No. 122, 1991; No. 7, 1992; No. 152, 1997 |
|
|
rep. No. 127, 2002 |
|
am. No. 7, 1992; No. 8, 2005 |
|
|
Division 4A |
|
|
Div. 4A of Part VII................ |
ad. No. 122, 1991 |
|
|
rs. No. 144, 2001 |
|
rs. No. 122, 1991 |
|
|
|
am. No. 7, 1992 |
|
|
rs. No. 95, 1992 |
|
|
am. Statutory Rules 2001 No. 70 |
|
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rep. No. 144, 2001 |
|
|
ad. No. 98, 2006 |
|
|
am. No. 98, 2006 |
|
S. 96A................................. |
ad. No. 122, 1991 |
|
|
am. Nos. 7 and 95, 1992; Statutory Rules 2001 No. 70; No. 144, 2001 |
|
|
rep. No. 144, 2001 |
|
S. 96B................................. |
ad. No. 122, 1991 |
|
|
rep. No. 144, 2001 |
|
S. 96C................................. |
ad. No. 122, 1991 |
|
|
am. Nos. 7 and 95, 1992; Statutory Rules 2001 No. 70 |
|
|
rep. No. 144, 2001 |
|
S. 96D................................. |
ad. No. 122, 1991 |
|
|
am. No. 7, 1992; Statutory Rules 2001 No. 70 |
|
|
rep. No. 144, 2001 |
|
S. 96E.................................. |
ad. No. 122, 1991 |
|
|
rep. No. 7, 1992 |
|
S. 96F.................................. |
ad. No. 122, 1991 |
|
|
am. No. 7, 1992; Statutory Rules 2001 No. 70 |
|
|
rep. No. 144, 2001 |
|
S. 96FA............................... |
ad. No. 7, 1992 |
|
|
am. No. 95, 1992 |
|
|
rep. No. 144, 2001 |
|
S. 96G................................. |
ad. No. 122, 1991 |
|
|
am. No. 7, 1992; Statutory Rules 2001 No. 70 |
|
|
rep. No. 144, 2001 |
|
S. 96H................................. |
ad. No. 122, 1991 |
|
|
am. Nos. 7 and 95, 1992; Statutory Rules 2001 No. 70 |
|
|
rep. No. 144, 2001 |
|
Ss. 96J, 96K........................ |
ad. No. 122, 1991 |
|
|
am. No. 7, 1992; Statutory Rules 2001 No. 70 |
|
|
rep. No. 144, 2001 |
|
rs. No. 122, 1991; No. 144, 2001 |
|
|
ad. No. 144, 2001 |
|
|
ad. No. 144, 2001 |
|
|
|
am. No. 98, 2006 |
|
ad. No. 144, 2001 |
|
|
ad. No. 144, 2001 |
|
|
ad. No. 144, 2001 |
|
|
|
am. No. 54, 2007 |
|
S. 98.................................... |
rs. No. 122, 1991 |
|
|
am. Statutory Rules 2001 No. 70 |
|
|
rep. No. 144, 2001 |
|
Div. 5 of Part VII.................. |
rep. No. 7, 1992 |
|
Part VIII |
|
|
Part VIII................................ |
rep. No. 95, 1992 |
|
|
ad. No. 144, 2001 |
|
Division 1 |
|
|
ad. No. 144, 2001 |
|
|
rep. No. 7, 1992 |
|
|
|
ad. No. 144, 2001 |
|
rep. No. 7, 1992 |
|
|
|
ad. No. 144, 2001 |
|
|
am. No. 54, 2007 |
|
am. No. 7, 1992 |
|
|
|
rep. No. 95, 1992 |
|
|
ad. No. 144, 2001 |
|
|
am. No. 54, 2007 |
|
Note to s. 101(1)................. |
ad. No. 54, 2007 |
|
Division 2 |
|
|
rep. No. 95, 1992 |
|
|
|
ad. No. 144, 2001 |
|
ad. No. 144, 2001 |
|
|
|
am. No. 98, 2006 |
|
rep. No. 95, 1992 |
|
|
|
ad. No. 144, 2001 |
|
am. No. 7, 1992 |
|
|
|
rep. No. 95, 1992 |
|
|
ad. No. 144, 2001 |
|
ad. No. 95, 1992 |
|
|
|
rs. No. 144, 2001 |
|
Ss. 107B-107H................... |
ad. No. 95, 1992 |
|
|
rep. No. 144, 2001 |
|
Ss. 107J-107N.................... |
ad. No. 95, 1992 |
|
|
rep. No. 144, 2001 |
|
Ss. 107P-107Z................... |
ad. No. 95, 1992 |
|
|
rep. No. 144, 2001 |
|
Ss. 107ZA-107ZC.............. |
ad. No. 95, 1992 |
|
|
rep. No. 144, 2001 |
|
Division 3 |
|
|
S. 108 (first occurring)....... |
ad. No. 144, 2001 |
|
ad. No. 264, 1992 |
|
|
|
rs. No. 144, 2001 |
|
Division 4 |
|
|
ad. No. 264, 1992 |
|
|
|
rs. No. 144, 2001 |
|
Division 5 |
|
|
ad. No. 264, 1992 |
|
|
|
rs. No. 144, 2001 |
|
Division 6 |
|
|
ad. No. 264, 1992 |
|
|
|
rs. No. 144, 2001 |
|
ad. No. 264, 1992 |
|
|
|
rep. No. 144, 2001 |
|
|
ad. No. 54, 2007 |
|
Ss. 108J-108N.................... |
ad. No. 264, 1992 |
|
|
rep. No. 144, 2001 |
|
Ss. 108P-108X................... |
ad. No. 264, 1992 |
|
|
rep. No. 144, 2001 |
|
S. 108Y............................... |
ad. No. 264, 1992 |
|
|
am. No. 152, 1997; No. 55, 2001 |
|
|
rep. No. 144, 2001 |
|
Part VIIIA............................. |
ad. No. 95, 1992 |
|
|
rep. No. 144, 2001 |
|
Part VIIIB.............................. |
ad. No. 264, 1992 |
|
|
rep. No. 144, 2001 |
|
Part IX |
|
|
S. 108 (second occurring) Renumbered s. 109A...... |
No. 75,
1988 |
|
am. No. 264, 1992; No. 109, 1993 |
|
|
am. No. 47, 2001 |
|
|
ad. No. 30, 2006 |
|
|
am. No. 109, 1993 |
|
|
ad. No. 109, 1993 |
|
|
|
am. No. 146, 1999; Statutory Rules 2001 No. 70; No. 144, 2001 |
|
ad. No. 109, 1993 |
|
|
S. 104A............................... |
ad. No. 264,
1992 |
|
S. 104B............................... |
ad. No. 264,
1992 |
|
am. No. 54, 2007 |
|
|
am. No. 54, 1994 |
|
|
am. No. 30, 2006; No. 54, 2009 |
|
|
am. No. 264, 1992 |
|
|
am. No. 54, 2007 |
|
|
am. Nos. 142 and 144, 2001 |
|
|
S. 121.................................. |
am. No. 122, 1991 (as am. by No. 95, 1992) |
|
|
rs. No. 264, 1992 |
|
|
am. No. 43, 1996; No. 144, 2001 |
|
|
rep. No. 54, 2007 |
|
ad. No. 264, 1992 |
|
|
|
am. No. 54, 2007 |
|
rs. No. 54, 2007 |
|
|
Part X |
|
|
Division 1 |
|
|
ad. No. 122, 1991 |
|
|
Division 2 |
|
|
am. No. 122, 1991; No. 144, 2001 |
|
|
ad. No. 144, 2001 |
|
|
am. No. 122, 1991 |
|
|
ad. No. 122, 1991 |
|
|
|
am. No. 7, 1992 (as am. by No. 95, 1992); No. 95, 1992; No. 64, 1994; Nos. 96 and 177, 1997; No. 163, 2000; No. 30, 2001; No. 32, 2003 |
|
am. No. 122, 1991; No. 7, 1992 |
|
|
ad. No. 122, 1991 |
|
|
|
am. No. 7, 1992 |
|
Division 3 |
|
|
am. No. 68, 1990; No. 144, 2001 |
|
|
Heading to s. 132A............. |
rs. No. 144, 2001 |
|
ad. No. 68, 1990 |
|
|
|
am. No. 7, 1992; No. 144, 2001 |
|
am. No. 68, 1990 (as am. by No. 43, 1996); No. 168, 1995 |
|
|
rs. No. 264, 1992 |
|
|
Part XI |
|
|
Part XI.................................. |
ad. No. 52, 2004 |
|
Division 1 |
|
|
ad. No. 52, 2004 |
|
|
Division 2 |
|
|
ad. No. 52, 2004 |
|
|
Division 3 |
|
|
ad. No. 52, 2004 |
|
|
ad. No. 52, 2004 |
|
|
|
am. No. 98, 2006; No. 54, 2007 |
|
ad. No. 52, 2004 |
|
|
Division 4 |
|
|
ad. No. 52, 2004 |
|
|
Division 5 |
|
|
ad. No. 52, 2004 |
|
|
ad. No. 52, 2004 |
|
|
|
am. No. 98, 2006 |
|
ad. No. 52, 2004 |
|
|
Division 6 |
|
|
ad. No. 52, 2004 |
|
|
Division 7 |
|
|
ad. No. 52, 2004 |
|
Table A
Application, saving or transitional provisions
Assistance for Carers Legislation Amendment Act 1999 (No. 13, 1999)
Schedule 2
71 Application
The Safety, Rehabilitation and Compensation Act 1988 has effect on and after 1 July 1999 as if a reference to carer allowance in paragraph 4(7)(c) of that Act included a reference to child disability allowance (within the meaning of the Social Security Act 1991).
Australian Federal Police Legislation Amendment Act 2000 (No. 9, 2000)
Schedule 3
20 Definition
In this Part:
commencing time means the time when this Part commences.
31 Amendments of the Safety, Rehabilitation and Compensation Act 1988
The amendments of the Safety, Rehabilitation and Compensation Act 1988 made by Schedule 2 to this Act apply in relation to:
(a) any injury suffered at or after the commencing time by the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (all within the meaning of the Australian Federal Police Act 1979 as in force at and after the commencing time); or
(b) any accident a person mentioned in paragraph (a) has at or after the commencing time.
34 Warrants or writs etc. may continue to be executed
If, immediately before the commencing time, any warrant, writ, order, permission or other instrument (the authority) issued under a law of the Commonwealth, a State or a Territory could be executed by a person who was at that time a member, staff member or special member of the Australian Federal Police, the authority continues to be able to be executed at and after the commencing time by the person in his or her capacity as:
(a) the Commissioner of the Australian Federal Police; or
(b) a Deputy Commissioner of the Australian Federal Police; or
(c) an AFP employee; or
(d) a special member of the Australian Federal Police;
(all within the meaning of the Australian Federal Police Act 1979 as in force at and after the commencing time).
Note: A person who is a member or staff member of the Australian Federal Police immediately before the commencing time is taken to be engaged as an AFP employee. Similarly, a person who is a special member of the Australian Federal Police immediately before the commencing time is taken to be appointed as a special member. See item 2 of this Schedule.
35 Regulations dealing with matters of a transitional or saving nature
(1) The Governor‑General may make regulations, not inconsistent with any other provision of this Schedule, prescribing matters of a transitional or saving nature in relation to the amendments made by Schedule 1 or 2.
(2) Regulations made under this item within one year after the commencement of this item may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this item.
Employment, Workplace Relations and Small Business Legislation Amendment (Application of Criminal Code) Act 2001 (No. 142, 2001)
(1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.
Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2001 (No. 144, 2001)
Schedule 2
20 Application
The amendments made by this Part have effect only in respect of determinations in relation to compensation that are made after the end of the period of 6 months after the day on which this Act receives the Royal Assent.
25 Application
The amendments made by items 22, 23 and 24 have effect only in relation to employees:
(a) who are injured after the day on which this Act receives the Royal Assent; or
(b) who, on that day:
(i) have reached 63 years of age; and
(ii) are receiving compensation under section 19, 20, 21, 21A or 22 of the Safety, Rehabilitation and Compensation Act 1988 or are eligible to apply for such compensation.
28 Saving provision
If, by instrument in writing, Comcare had approved a person who provides rehabilitation programs under section 34 of the Safety, Rehabilitation and Compensation Act 1988 as in force immediately before the commencement of this item:
(a) that approval continues in force, on and after that date, until the next following renewal date, subject to and in accordance with the terms on which the approval was granted, as if section 34 of that Act had not been repealed; but
(b) if the person wishes to seek renewal of the approval, the person must seek that approval in accordance with the operational standards established under section 34E and having effect from that next following renewal date.
50 Transitional provisions
(1) Subject to subitems (2) and (3), if, immediately before the day this Part commences, a Commonwealth authority or corporation held a licence under Part VIIIA or VIIIB of the Safety, Rehabilitation and Compensation Act 1988, the provisions of that Act as in force immediately before that day continue to apply in relation to the authority or corporation in its capacity as licence holder under Part VIIIA or VIIIB, as the case requires, as if the items of this Part had not been enacted.
(2) Nothing in subitem (1) implies that a Commonwealth authority or a corporation that holds a licence under Part VIIIA or Part VIIIB of the Safety, Rehabilitation and Compensation Act 1988 may not, while continuing to hold that licence, apply for a licence under Part VIII of that Act.
(3) If a Commonwealth authority or a corporation that holds a licence under Part VIIIA or Part VIIIB of the Safety, Rehabilitation and Compensation Act 1988 is granted a licence under Part VIII of that Act:
(a) the Commission must determine, through the terms and conditions of the licence granted under Part VIII, the arrangements for dealing with all claims made to the authority or corporation in its capacity as a licence holder under Part VIIIA or Part VIIIB that have not been finally and completely dealt with; and
(b) subject to any arrangements so made, the licence granted under Part VIIIA or Part VIIIB of that Act is of no further effect.
56 Application
The amendments made by this Part have effect only in relation to claims for compensation in respect of permanent impairment resulting from an injury suffered by an employee after the day on which this Act receives the Royal Assent.
71 Transitional provision
Despite the repeal of section 90A of the Safety, Rehabilitation and Compensation Act 1988 as in force immediately before 1 July 2002, that section as so in force continues to apply, on and after that date, in relation to any premium collected, or to be collected, by Comcare in respect of a financial year starting before that date as if that section had not been repealed.
73 Saving provisions
(1) Despite the repeal of section 90C of the Safety, Rehabilitation and Compensation Act 1988 by item 72 of this Schedule, that section as in force immediately before 1 July 2002 continues to apply, on and after that date, to enable Comcare to discharge liabilities, and meet administrative expenses, incurred before 1 July 2002 as if it had not been repealed.
(2) For the purposes of the continued operation of section 90C of the Safety, Rehabilitation and Compensation Act 1988 as in force immediately before 1 July 2002 in accordance with subitem (1), any determination of notional interest under subsection (2), and any determination under subsection (3), of that section as continued in force, continue to have effect as if that section had not been repealed.
(3) For the purposes of the operation of section 90C of the Safety, Rehabilitation and Compensation Act 1988 as substituted by item 72 of this Schedule (the substituted section), any determination of notional interest under subsection (2), and any determination under subsection (3), of section 90C of that Act as continued in force under subitem (1), continue to have effect as if they were determinations made under the substituted section.
76 Saving provision--Continuance of Division 4A in respect of certain premiums
Despite the repeal of Division 4A of Part VII of the Safety, Rehabilitation and Compensation Act 1988 effected by item 75 of this Schedule, the provisions of that Division as in force before 1 July 2002 continue in force on and after that date in relation to premiums payable by each Entity and Commonwealth authority:
(a) in respect of the financial year starting on 1 July 1992; and
(b) each subsequent financial year starting before 1 July 2002;
as if those provisions had not been repealed.
77 Saving provision--Review by Commission unaffected by repeal of Division 4A
Without limiting the generality of item 76 of this Schedule, the Commission may:
(a) if, before 1 July 2002, it had commenced but not completed a review, under section 96D of the Safety, Rehabilitation and Compensation Act 1988, of the estimate of a premium determined to be payable by an Entity or Commonwealth authority in respect of a financial year starting before 1 July 2002--complete that review; or
(b) if, before that date, it had not commenced under that section a review of such an estimate--undertake that review;
as if the repeal of Division 4A of Part VII of that Act had not occurred.
78 Saving provision--Review by Minister unaffected by repeal of Division 4A
(1) Without limiting the generality of item 76 of this Schedule, if, before 1 July 2002, the Minister had commenced but not completed a review under section 96F of the Safety, Rehabilitation and Compensation Act 1988 of:
(a) an estimate of a premium determined to be payable by an Entity or Commonwealth authority in respect of a financial year starting before 1 July 2002; or
(b) that estimate as varied by the Commission as a result of a review under section 96D of that Act;
the Minister may complete that review as if the repeal of Division 4A of Part VII of that Act had not occurred.
(2) Without limiting the generality of item 76 of this Schedule, if, before 1 July 2002, the Minister had not commenced a review under section 96F of the Safety, Rehabilitation and Compensation Act 1988 of:
(a) an estimate of a premium determined to be payable by an Entity or Commonwealth authority in respect of a financial year starting before 1 July 2002; or
(b) that estimate as varied by the Commission as a result of a review under section 96D of that Act;
the Minister may undertake that review as if the repeal of Division 4A of Part VII of that Act had not occurred.
79 Saving provision--Notices, requests and directions continue to have effect
Any notice, request or direction given or made under, or for the purposes of, a provision of Division 4A of Part VII of the Safety, Rehabilitation and Compensation Act 1988 as in force before 1 July 2002 continues to have effect, on and after that date, as a notice, request or direction given or made under, or for the purposes of, that provision as continued in force in accordance with item 76 of this Schedule.
80 Validation of certain acts or things done in relation to actions for non‑economic loss
(1) If a contribution or premium was collected under the Safety, Rehabilitation and Compensation Act 1988 from an Entity or a Commonwealth authority in respect of a financial year starting before 1 July 1999 or in respect of a part of such a year, then, despite any indication to the contrary in the provisions of that Act as in force at the time the contribution or premium was determined or otherwise ascertained, that contribution or premium is taken to have been determined on the basis that it covered:
(a) liability for compensation payable under that Act; and
(b) liability for any amount payable as a result of an action for non‑economic loss in respect of an injury suffered by an employee during the period to which the premium related.
(2) Any act or thing that was done (including any payment that was made) by the Commonwealth, Comcare or the Commission under the Safety, Rehabilitation and Compensation Act 1988 as in force at any time before the commencement of this item, in relation to an action for non‑economic loss in respect of an injury suffered by an employee before 1 July 1999, is not invalid simply because there was no capacity, at the time of the injury, to collect a contribution or premium to cover liability for amounts payable as a result of such an action.
(3) Any act or thing that is done (including any payment that is made) by the Commonwealth, Comcare or the Commission under the Safety, Rehabilitation and Compensation Act 1988 as in force at any time after the commencement of this item, in relation to an action for non‑economic loss in respect of an injury suffered by an employee before 1 July 1999, is not invalid simply because there was no capacity, at the time of the injury, to collect a contribution or premium to cover liability for amounts payable as a result of such an action.
(4) In this item:
action for non‑economic loss means any action (whether or not it involves the formal institution of a proceeding) to recover an amount for damages for non‑economic loss sustained by an employee as a result of an injury suffered by that employee:
(a) that is taken by the employee against the employer, whether it is the Commonwealth, a Commonwealth authority or a licensed corporation, or against another employee; and
(b) that follows an election made by the first‑mentioned employee under subsection 45(1).
Workplace Relations Legislation Amendment Act 2002 (No. 127, 2002)
Schedule 1
17 Transitional regulations
The Governor‑General may make regulations providing for matters of a transitional or savings nature arising out of the amendments made by item 2 and items 4 to 16.
Financial Framework Legislation Amendment Act 2005 (No. 8, 2005)
Schedule 2
174 Saving provision--provisions that formerly referred to the Treasurer
(1) Any thing that:
(a) was done by the Treasurer, or by a delegate of the Treasurer, before the commencing time under an affected provision; and
(b) was in effect immediately before the commencing time;
continues to have effect after the commencing time as if it had been done by the Finance Minister under the affected provision.
(2) In this item:
affected provision means a provision that is amended by an item in this Schedule so as to replace references to the Treasurer with references to the Finance Minister.
commencing time means the day this Act receives the Royal Assent.
Finance Minister means the Minister who administers the Financial Management and Accountability Act 1997.
Financial Framework Legislation Amendment Act (No. 1) 2006 (No. 30, 2006)
Schedule 2
9 Application
(1) The amendments made by items 1, 3 and 4 of this Schedule apply in relation to compensation for injuries occurring after the commencement of this Schedule.
(2) The amendments made by items 2 and 5 of this Schedule apply to liabilities to compensation that exist at, or arise after, the commencement of this Schedule.
(3) The amendments made by items 6 to 8 of this Schedule apply to the grant of leave at any time after the commencement of this Schedule.
OHS and SRC Legislation Amendment Act 2006 (No. 98, 2006)
Schedule 2
3 Application of amendments
The amendments made by this Part apply in relation to regulatory contributions for the financial year starting on the day on which this Part commences and later financial years.
4 Definitions
In this Part:
Comcare has the same meaning as it has in the SRC Act.
Commission has the same meaning as it has in the SRC Act.
OHS Act means the Occupational Health and Safety (Commonwealth Employment) Act 1991.
SRC Act means the Safety, Rehabilitation and Compensation Act 1988.
Note: Unless otherwise indicated, references in this Part to the SRC Act are references to that Act as amended by the Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2001.
5 Validation of regulatory contributions purportedly determined for certain bodies
(1) This item applies if:
(a) during a period, being all or part of the financial year starting on 1 July 2002, a body was a Commonwealth authority for the purposes of the OHS Act but was not a Commonwealth authority for the purposes of the SRC Act; and
(b) Comcare has purported to make a determination under section 97D of the SRC Act of an amount of regulatory contribution to be paid by the body in respect of that financial year; and
(c) the body has paid that amount to Comcare.
(2) The determination referred to in paragraph (1)(b), and any other steps taken by Comcare or the body in relation to the determination, are taken to be, and always to have been, as valid as they would have been if the body had been a Commonwealth authority for the purposes of the SRC Act during the period referred to in paragraph (1)(a).
6 Validation of licence fees purportedly notified to certain bodies
(1) This item applies if:
(a) during a period, being all or part of the financial year starting on 1 July 2002, a body held a licence under Part VIIIB of the SRC Act as continued in force (despite its repeal) by item 50 of Schedule 2 to the Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2001; and
(b) the Commission has purported to make a notification under section 104A of the SRC Act of an amount of licence fee to be paid by the body in respect of that financial year; and
(c) the body has paid that amount to Comcare.
(2) The notification referred to in paragraph (1)(b), and any other steps taken by the Commission, Comcare or the body in relation to the notification, are taken to be, and always to have been, as valid as they would have been if the body had held a licence under Part VIII of the SRC Act during the period referred to in paragraph (1)(a).
Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2007 (No. 54, 2007)
Schedule 1
41 Application of amendment of the definition of disease (section 5B)
(1) The definition of disease in the Safety, Rehabilitation and Compensation Act 1988, as amended by this Schedule, applies in relation to:
(a) an ailment suffered by an employee; or
(b) an aggravation of such an ailment;
that the employee suffers on or after the day after this Act receives the Royal Assent.
(2) For the purposes of subitem (1), an employee suffers an ailment or aggravation on the day determined under subsection 7(4) of the Safety, Rehabilitation and Compensation Act 1988.
42 Application of amendment of the definition of injury (section 5A)
The definition of injury in the Safety, Rehabilitation and Compensation Act 1988, as amended by this Schedule, applies in relation to a disease, injury or aggravation that an employee sustains on or after the day after this Act receives the Royal Assent.
43 Application of amendment of definition of suitable employment
The definition of suitable employment in the Safety, Rehabilitation and Compensation Act 1988, as amended by this Schedule, applies to an amount of compensation worked out in relation to a period of incapacity that begins on or after the day after this Act receives the Royal Assent.
44 Application of amendments relating to when an injury arises out of or in the course of employment (section 6)
Section 6 of the Safety, Rehabilitation and Compensation Act 1988, as amended by this Schedule, applies in relation to an injury sustained on or after the day after this Act receives the Royal Assent.
45 Maximum amount of funeral benefit under section 18
Section 18 of the Safety, Rehabilitation and Compensation Act 1988, as amended by this Schedule, applies to an amount of compensation in relation to a person who dies on or after the day after this Act receives the Royal Assent.
46 Application of amendments of sections 20, 21 and 21A
(1) Subsections 20(1), 21(1) and 21A(1) of the Safety, Rehabilitation and Compensation Act 1988, as amended by this Schedule, apply in relation to an employee who retires on or after the day after this Act receives the Royal Assent.
(2) The amendments of sections 20, 21 and 21A of the Safety, Rehabilitation and Compensation Act 1988 by this Schedule that are not covered by subitem (1) apply in relation to any working out of an amount of compensation for a week starting on or after the day on which the amendments of those subsections commence.
47 Transitional provision for specifying a rate under subsection 21(5)
The Minister may specify, in an instrument made under subsection 21(5) of the Safety, Rehabilitation and Compensation Act 1988, a rate that applies for the period starting on the day on which item 24 of this Schedule commences and ending on the next 30 June.
48 Saving provision for regulations in force under section 122
Regulations made under section 122 of the Safety, Rehabilitation and Compensation Act 1988 that were in force immediately before the day after this Act received the Royal Assent continue in force on and after that day as if they had been made under section 122 of that Act as amended by this Schedule.
Same‑Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008 (No. 144, 2008)
Schedule 5
26 Application of amendments of the Safety, Rehabilitation and Compensation Act 1988
(1) The amendments of the Safety, Rehabilitation and Compensation Act 1988 made by this Schedule apply in relation to a payment made under that Act on or after the commencement of the amendments, other than a payment of a lump sum benefit to which subitem (2) applies.
(2) The amendments of the Safety, Rehabilitation and Compensation Act 1988 made by this Schedule apply in relation to a lump sum benefit payable in respect of the death of a person if the death occurs on or after the commencement of the amendments.
Employment and Workplace Relations Amendment Act 2009 (No. 37, 2009)
Schedule 1
6 Application--compensation for the benefit of dependants
(1) The amendments made by items 1 and 2, to the extent that they relate to subsections 17(3) and (4) of the Safety, Rehabilitation and Compensation Act 1988, apply in relation to the death of an employee that occurs on or after 1 July 2009.
(2) The amendments made by items 3 and 4 apply in relation to the death of an employee that occurs on or after 13 May 2008.
7 Application--compensation for the benefit of children
(1) The amendments made by items 1 and 2, to the extent that they relate to subsection 17(5) of the Safety, Rehabilitation and Compensation Act 1988, apply in relation to a payment for a week that begins on or after 1 July 2009.
(2) The amendment made by item 5 applies in relation to a payment for a week that begins on or after 13 May 2008.