Commonwealth Numbered Acts

AUSTRALIAN NATIONAL RAILWAYS COMMISSION ACT 1983 No. 140 of 1983 - SECT 47

47. (1) If, when a claim for compensation in relation to an injury sustained
on or after 1 March 1978 by a transferred South Australian employee is served
on the Commissioner by or on behalf of a person under section 54 of the
Compensation (Commonwealth Government Employees) Act 1971, there is also
served on the Commissioner an election, in accordance with a form prescribed
by regulations made under that Act, by or on behalf of the person to have the
claim dealt with in accordance with the applied South Australian provisions,
that Act applies to and in relation to the claim, subject to this section, as
if the applied South Australian provisions were substituted for the provisions
of Part III of that Act and section 98 of that Act were omitted.

(2) Where -

   (a)  a transferred South Australian employee sustains an injury (in this
sub-section referred to as the "subsequent injury") that relates to a
previous injury sustained by him on or after 1 March 1978; and

   (b)  compensation was paid under the Compensation (Commonwealth
Government Employees) Act 1971 in respect of that previous injury, that Act
applies to and in relation to any claim made by or on behalf of the employee
in respect of the subsequent injury -

   (c)  if an election was made under sub-section (1) in relation to that
previous injury (whether or not an election is made in relation to the
subsequent injury) - as if the applied South Australian provisions were
substituted for Part III of that Act and section 98 of that Act were
omitted; or

   (d)  if no election was made under sub-section (1) in relation to the
previous injury but an election is made under that sub-section in
relation to the subsequent injury - as if that last-mentioned election
were of no force or effect. (3) For the purposes of sub-section (2), an injury
shall be taken to relate to a previous injury if it is an injury by way of -

   (a)  the aggravation, acceleration, exacerbation, deterioration or
recurrence of that previous injury; or

   (b)  the further aggravation, acceleration, exacerbation, deterioration or
recurrence of an injury the aggravation, acceleration, exacerbation,
deterioration or recurrence of which constituted that previous injury. (4) In
the application of the modified Compensation (Commonwealth Government
Employees) Act to or in relation to a claim for compensation -

   (a)  unless the contrary intention appears, expressions used in a provision
of that Act included in the applied South Australian provisions have, if
they are also used in the corresponding provision of the Workers
Compensation Act the same respective meanings as they have in the
last-mentioned Act;

   (b)  expressions used in the modified Compensation (Commonwealth
Government Employees) Act (other than in that part of the modified
Compensation (Commonwealth Government Employees) Act that
comprises the applied South Australian provisions) that are also used
in the applied South Australian provisions have the same respective
meanings as they have in the applied South Australian provisions; and

   (c)  in that part of the modified Compensation (Commonwealth
Government Employees) Act that comprises the applied South
Australian provisions -

        (i)    a reference to the Court shall be read as a reference to the
Commissioner; and

        (ii)   a reference to a workman shall be read as a reference to a
transferred South Australian employee.

(5) Where -

   (a)  claims for compensation in respect of an injury to a transferred South
Australian employee that resulted in his death have been served on the
Commissioner by or on behalf of 2 or more persons; and

   (b)  an election has been made under sub-section (1) in relation to at
        least
one of those claims and no election has been so made in relation to at
least one of those claims, then -

   (c)  a claim in relation to which no election has been so made shall be
determined under the Compensation (Commonwealth Government
Employees) Act 1971 in its application to that claim as if -

        (i)    no election had been so made in relation to any of the claims
referred to in paragraph (a); and

        (ii)   any person who is a dependant of the employee for the
purposes of the Workers Compensation Act were a dependant
of the employee for the purposes of that first-mentioned Act in
its application to that claim;

   (d)  a claim in relation to which an election has been so made shall be
determined under the Compensation (Commonwealth Government
Employees) Act 1971 in its application to that claim as if -

        (i)    elections had been so made in relation to all the claims
               referred
to in paragraph (a); and

        (ii)   any person who is a dependant of the employee for the
purposes of the Compensation (Commonwealth Government
Employees) Act 1971 in its application to a claim in relation to
which no election has been made under sub-section (1) were a
dependant of the employee for the purposes of that Act in its
application to that claim; and

   (e)  the Commissioner shall make, under the Compensation
(Commonwealth Government Employees) Act 1971 in its application
to the claims referred to in paragraph (a), one determination in respect of
all those claims.

(6) It is the intention of the Parliament that the modified Compensation
(Commonwealth Government Employees) Act shall be applied, except where the
contrary intention appears in that Act, in such a manner as to impose on the
Commission the same liability, as nearly as practicable, to pay compensation
in respect of an injury sustained, on or after 1 March 1978, by a transferred
South Australian employee (being an injury in relation to which a claim is
required to be determined under the modified Compensation (Commonwealth
Government Employees) Act) as is imposed by the Workers Compensation Act on an
employer to whom that Act applies, in respect of a similar injury sustained in
similar circumstances by a person who is, within the meaning of that Act, a
workman employed by such an employer.

(7) The power to make regulations conferred by section 123 of the Compensation
(Commonwealth Government Employees) Act 1971 extends, by virtue of this
sub-section, to the making of regulations for the purposes of this section.

(8) In this section -

"applied South Australian provisions" means the provisions of Parts II, IV and
VIII of, and the Second Schedule to, the Workers Compensation Act, and of any
regulations and Proclamations in force from time to time for the purposes of
those Parts and that Schedule, as modified by regulations made under the
Compensation (Commonwealth Government Employees) Act 1971 for the purpose of
enabling matters connected with the payment of compensation in relation to
transferred South Australian employees in accordance with those provisions to
be dealt with under Parts I, II, IV and V, Part VI (except section 98) and
Parts VII and IX of the Compensation (Commonwealth Government Employees) Act
1971;

"Commissioner" means the Commissioner for Employees' Compensation under the
Compensation (Commonwealth Government Employees) Act 1971;

"modified Compensation (Commonwealth Government Employees) Act" means the
Compensation (Commonwealth Government Employees) Act 1971 modified by the
substitution of the applied South Australian provisions for Part III of that
Act and by the omission of section 98 of that Act;

"Workers Compensation Act" means the Workmen's Compensation Act 1971 of the
State of South Australia as amended and in force from time to time.