SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 137 Redemption on request by former employee
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 137
Redemption on request by former employee(a) a relevant authority is liable to make weekly payments of compensation to a former employee in respect of an injury resulting in an incapacity; and
(b) the amount of those payments if $62.99 per week or less; and
(c) the relevant authority is satisfied that the degree of the former employee's incapacity is unlikely to change;
the relevant authority must, on written request by the former employee, make a determination that its liability to make further payments to the former employee be redeemed by the payment to the former employee of a lump sum.
(2) The amount of the lump sum is the sum of:
(a) the amount worked out using the formula in subsection (3); and
(b) the amount worked out using the formula in subsection (4).
(3) The formula for the purposes of paragraph (2)(a) is:
(4) The formula for the purposes of paragraph (2)(b) is:
(5) For the purposes of this section:
"amount per week" means the amount of compensation per week payable to the former employee.
"specified number" means the number specified by the Minister for the purposes of subsection 30(2).
"n" means the number worked out using the formula:
where:
"number of days" means the number of days in the period beginning on the day after the day on which the determination is made and ending on the day immediately before the day on which the employee reaches pension age.
"reduced amount per week" means the amount per week less the amount calculated under the formula in section 134.
"l" means the number worked out in using the formula:
"expectation of life" means the number of years in the complete expectation of life of the former employee at the date of the determination, as ascertained by reference to the latest Australian Life Tables published by the Australian Statistician.
"age" means the number of completed years in the age of the former employee at the date of the determination.
(ea) a member of the ACT Fire and Rescue Service within the meaning of the Emergencies Act 2004 of the Australian Capital Territory;
(ba) for an employee of the Australian Capital Territory specified in a declaration under subsection 5(15)--the employee is taken to have been employed as a firefighter during any period for which the employee was a member of a firefighting service; and
(9A) If a declaration under subsection (9B) is in force, then when determining for the purposes of paragraph 7(9)(a) whether firefighting or related duties made up a not insubstantial portion of the duties of an employee of the Australian Capital Territory, being an employee:
(a) covered by paragraph 5(11)(e) or (ea) as a result of being a volunteer member (however described) of a body referred to in either of those paragraphs; or
(b) specified in a declaration under subsection 5(15);
(c) by writing, request the declared ACT firefighting advisory committee to give the relevant authority written advice in relation to the matter within a reasonable period specified in the request; and
(d) have regard to any such advice provided within that period.
(9B) If the Chief Minister for the Australian Capital Territory so requests in writing, the Minister may, by legislative instrument, declare that a committee or other body (however described) that is established:
(a) by or under an ACT enactment; or
(b) by a written instrument made by a Minister (including the Chief Minister) of the Australian Capital Territory;
(9C) A reference in subsection (9) or (9A) to the duties
of an employee includes, in relation to an employee of the Australian Capital
Territory specified in a declaration under subsection 5(15), a
reference to the activities to which that subsection applies that were engaged
in by the employee.