SEAFARERS REHABILITATION AND COMPENSATION ACT 1992
Table of Provisions
PART 1--PRELIMINARY
Division 1--Short title and commencement
- 1 Short title
- 2 Commencement
Division 2--Definitions
- 3 General definitions
- 3A Declarations that a ship is or is not a prescribed ship
- 4 Employees
- 5 Employees lost at sea
- 6 Injuries suffered by employees
- 7 Injuries etc. resulting from medical treatment
- 8 Incapacity for work
- 9 Injury arising out of, or in the course of, employment
- 10 Provisions relating to diseases
- 11 Hearing impairment--time when suffered
- 12 Serious and wilful misconduct
- 13 Normal weekly earnings
- 14 Recovery of damages
- 15 Persons who are wholly or partly dependent
- 16 Certain family relationships
- 17 Persons caring for prescribed children
Division 3--Miscellaneous preliminary provisions
- 18 Extent of Act
- 19 Application of Act
- 20 Act not to apply to employees within the meaning of the Safety , Rehabilitation and Compensation Act 1988
- 20A Act not to apply to exempt employment
- 21 Act binds Crown etc.
- 21A Application of Criminal Code
- 22 Amounts of compensation
- 23 Indexation--Consumer Price Index
- 23A Indexation--Wage Price Index
- 24 Liability to pay compensation
- 25 Compensation to be paid in full
PART 2--COMPENSATION
Division 1--Injuries, property loss or damage, medical expenses
- 26 Compensation for injuries
- 27 Compensation for property loss or damage
- 28 Compensation for medical and related expenses
Division 2--Injuries resulting in death
- 29 Compensation for injuries resulting in death
- 30 Compensation in respect of funeral expenses
Division 3--Injuries resulting in incapacity for work
- 31 Compensation for injuries resulting in incapacity
- 32 Determination of suitable employment
- 33 Compensation for injuries resulting in incapacity where employee is in receipt of a superannuation pension
- 34 Compensation for injuries resulting in incapacity where employee is in receipt of a lump sum benefit
- 35 Compensation for injuries resulting in incapacity where employee rolled - over part of a lump sum benefit
- 36 Compensation for injuries resulting in incapacity where the employee rolled - over the whole of a lump sum benefit
- 37 Compensation where employee is maintained in a hospital
- 38 Compensation for incapacity not payable in certain cases
Division 4--Injuries resulting in permanent impairment
- 39 Compensation for injuries resulting in permanent impairment
- 40 Interim payment of compensation
- 41 Compensation for non - economic loss
- 42 Approved Guide
Division 5--Household and attendant care services
- 43 Compensation for household services and attendant care services obtained as a result of a non - catastrophic injury
- 43A Compensation for household services and attendant care services obtained as a result of a catastrophic injury
Division 6--Miscellaneous
- 44 Redemption of compensation
- 45 Recurrent payments after payment of lump sum
- 46 Cancelled determinations not to affect certain payments of compensation
- 47 Reduction of compensation in certain cases
PART 3--REHABILITATION
- 48 Approved rehabilitation program providers
- 49 Assessment of capability of undertaking rehabilitation program
- 50 Provision of rehabilitation programs
- 51 Compensation payable in respect of certain alterations etc.
- 52 Duty to provide suitable employment
PART 4--LIABILITIES--ARISING APART FROM THIS ACT
- 53 Interpretation
- 54 Employee not to have right to bring action for damages against employer etc. in certain cases
- 55 Actions for damages--election by employees
- 56 Notice of proceedings against third party
- 57 Notice of proceedings against employer
- 58 Compensation not payable if damages recovered
- 59 Proceedings against third parties
- 60 Payment of damages by persons to employer
- 61 Compensation not payable both under Act and under award
PART 5--NOTICES--AND CLAIMS
- 62 Notice of injury or loss of, or damage to, property
- 63 Claims for compensation
- 64 Survival of claims
- 65 Claims may not be made in certain cases
- 66 Power to require medical examination
- 67 Power to request the provision of information relevant to claim
- 68 Certain documents to be supplied on request
- 69 Neither section 67 nor 68 to affect legal professional privilege
- 70 Legal professional privilege not to apply to medical reports
- 71 Bankruptcy etc. of actual employer
- 72 Time limit for determining claims relating to death
- 73 Time limit for determining claims relating to incapacity for work, loss of or damage to property or cost of medical treatment
- 73A Time limit for determining claims relating to permanent impairment
- 74 Employer may seek review of Authority's decision
- 75 Sections 72 to 74 (inclusive) not to apply to Authority if declaration made under section 100
PART 6--RECONSIDERATION--OF DETERMINATIONS AND REVIEW OF DECISIONS BY THE ADMINISTRATIVE APPEALS TRIBUNAL
Division 1--Definitions
Division 2--Reconsideration of determinations by employers
- 77 Determinations to be notified in writing
- 78 Reconsiderations of determinations
- 79 Time limit for reconsideration of determinations
- 80 Employer may seek review of Authority's decision
- 81 Sections 79 and 80 not to apply to Authority if declaration made under section 100
- 82 Industry panel or Comcare to give copy of report to employer to claimant
- 83 Power to request the provision of information relevant to reconsideration
- 83A Power to request employee to undergo medical examination
- 84 Section 83 not to affect legal professional privilege
- 85 Legal professional privilege not to apply to medical reports
- 86 Bankruptcy etc. of employer
- 87 Reviewable decision to be notified in writing
- 88 Applications to the AAT
Division 3--AAT review of reviewable decisions and extension of time decisions
- 89 Modified AAT Act to apply
- 90 Evidence in proceedings before AAT
- 91 Costs of proceedings before AAT--general
- 92 Costs of proceedings before AAT--when costs payable by employer
PART 7--COMPULSORY--INSURANCE AND THE FUND
Division 1--Compulsory insurance
- 93 Compulsory insurance
- 94 Employer to give details of insurance or indemnity arrangements to Authority
- 95 Authority may require evidence from employer
Division 2--The Fund
- 96 The Fund
- 97 Fund to insure
- 98 Fund to provide Authority with financial information
- 99 Minister may revoke approval under section 96
Division 3--Reserve function of Authority
- 100 Ministerial declaration
- 101 Effect of Ministerial declaration
- 102 Authority to insure if declaration made under section 100
PART 8--ADMINISTRATION
Division 1--Seafarers Safety, Rehabilitation and Compensation Authority
- 103 Establishment
- 104 Functions
- 105 Powers
- 106 Power to obtain information
- 107 Directions by Minister
Division 2--Constitution and meetings of Authority
- 109 Constitution
- 110 Appointment of members
- 111 Term of office
- 112 Deputies of members
- 113 Persons acting as Chairperson or Deputy Chairperson
- 114 Remuneration and allowances
- 115 Leave of absence
- 116 Disclosure of interests
- 117 Resignation
- 118 Termination of appointment
- 119 Meetings
Division 4--Miscellaneous
- 125 Delegation by Authority and sub - delegation
PART 9--MISCELLANEOUS
- 126 Employee to give information about prior employers
- 127 Determinations to be in writing
- 128 Shared liability
- 129 Subrogation of rights of actual employer to Fund
- 130 Payment of compensation
- 131 Employee to notify other employers that compensation has been paid
- 132 Recovery of compensation payments
- 133 Money paid for benefit of person
- 134 Provisions applicable on death of beneficiary
- 135 Assignment, set - off or attachment of compensation
- 136 Recovery of overpayments
- 137 Employees on compensation leave
- 139 Compensation where State compensation payable
- 139A Exclusion of State laws relating to workers' compensation
- 140 Notice of departure from Australia etc.
- 141 Comcare may charge for officer's services provided to employer
- 143 Regulations
- 144 Legislative rules
