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COMMONWEALTH EMPLOYEES' REHABILITATION AND COMPENSATION ACT 1988

Table of Provisions

  • 1 Short title  
  • 2 Commencement  
  • 3 Application of Act  
  • 4 Interpretation  
  • 5 Employees  
  • 6 Injury arising out of or in the course of employment  
  • 7 Provisions relating to diseases  
  • 8 Normal weekly earnings  
  • 9 Relevant period  
  • 10 Recovery of damages  
  • 11 Liability of relevant authority  
  • 12 Amounts of compensation  
  • 13 Indexation  
  • 14 Compensation for injuries  
  • 15 Compensation for loss of or damage to property used by employee  
  • 16 Compensation in respect of medical expenses etc.  
  • 17 Compensation for injuries resulting in death  
  • 18 Compensation in respect of funeral expenses  
  • 19 Compensation for injuries resulting in incapacity  
  • 20 Compensation for injuries resulting in incapacity where employee is in receipt of a superannuation pension  
  • 21 Compensation for injuries resulting in incapacity where employee is in receipt of a lump sum benefit  
  • 22 Compensation where employee is maintained in a hospital  
  • 23 Compensation for incapacity not payable in certain cases  
  • 24 Compensation for injuries resulting in permanent impairment  
  • 25 Interim payment of compensation  
  • 26 Payment of compensation  
  • 27 Compensation for non-economic loss  
  • 28 Approved Guide  
  • 29 Compensation for household services and attendant care services  
  • 30 Redemption of compensation  
  • 31 Recurrent payments after payment of lump sum  
  • 32 Cancelled determinations not to affect certain payments of compensation  
  • 33 Reduction of compensation in certain cases  
  • 34 Approved rehabilitation program providers  
  • 35 Exempt authorities  
  • 36 Assessment of capability of undertaking rehabilitation program  
  • 37 Provision of rehabilitation programs  
  • 38 Review of certain determinations by Commission  
  • 39 Compensation payable in respect of certain alterations etc.  
  • 40 Duty to provide suitable employment  
  • 41 Rehabilitation authorities to comply with guidelines  
  • 42 Interpretation  
  • 43 Certain persons may request cessation of compensation payments  
  • 44 Action for damages not to lie against Commonwealth etc. in certain cases  
  • 45 Actions for damages-election by employees  
  • 46 Notice of proceedings against third party  
  • 47 Notice of proceedings against Commonwealth  
  • 48 Compensation not payable where damages recovered  
  • 49 Dependants not claiming compensation  
  • 50 Proceedings against third parties  
  • 51 Payment of damages by persons to Commission  
  • 52 Compensation not payable both under Act and under award  
  • 53 Notice of injury or loss of, or damage to, property  
  • 54 Claims for compensation  
  • 55 Survival of claims  
  • 56 Claims may not be made in certain cases  
  • 57 Power to require medical examination  
  • 58 Power to request the provision of information  
  • 59 Certain documents to be supplied on request  
  • 60 Interpretation  
  • 61 Determinations to be notified in writing  
  • 62 Reconsideration of determinations  
  • 63 Reviewable decision to be notified in writing  
  • 64 Applications to the Administrative Appeals Tribunal  
  • 65 Modifications of the Administrative Appeals Tribunal Act 1975  
  • 66 Evidence in proceedings before Administrative Appeals Tribunal  
  • 67 Costs of proceedings before Administrative Appeals Tribunal  
  • 68 Establishment  
  • 69 Functions  
  • 70 Powers  
  • 71 Power to obtain information from Departments and authorities  
  • 72 Manner in which claims are to be determined  
  • 73 Directions by Minister  
  • 74 Commission is body corporate etc.  
  • 75 Constitution  
  • 76 Appointment of members  
  • 77 Term of office  
  • 78 Deputies of Commissioners  
  • 79 Persons acting as Chief Executive officer  
  • 80 Remuneration and allowances  
  • 81 Leave of absence  
  • 82 Disclosure of interests  
  • 83 Resignation  
  • 84 Termination of appointment  
  • 85 Meetings  
  • 86 Deputy Chief Executive officer  
  • 87 Duties of Deputy Chief Executive officer  
  • 88 Staff  
  • 89 Consultants  
  • 90 Application of Division 3 of Part XI of Audit Act  
  • 91 Money of Commission  
  • 92 Estimates of receipts and expenditure  
  • 93 Exemption from taxation  
  • 94 Contracts  
  • 95 Borrowing  
  • 96 Estimates of contributions  
  • 97 Review of estimates of contributions  
  • 98 Payment of contribution  
  • 99 Delegation by Commission  
  • 100 Annual Report under 1971 Act  
  • 101 Administering authorities  
  • 102 Functions  
  • 103 Powers  
  • 104 Manner in which claims are to be determined  
  • 105 Directions by Minister  
  • 106 Delegation by administering authority  
  • 107 Information relating to operations of administering authority  
  • 108 Jurisdiction of courts with respect to extraterritorial offences  
  • 109 Determinations to be in writing  
  • 110 Money paid to relevant authority for benefit of person  
  • 111 Provisions applicable on death of beneficiary  
  • 112 Assignment, set-off or attachment of compensation  
  • 113 Recovery of amounts due to relevant authority  
  • 114 Recovery of overpayments  
  • 115 Deduction of overpayments of repatriation pensions  
  • 116 Employees on compensation leave  
  • 117 Compensation payable to locally engaged overseas employees  
  • 118 Double benefits  
  • 119 Compensation where State compensation payable  
  • 120 Notice of departure from Australia etc.  
  • 121 Disallowable instruments  
  • 122 Regulations  
  • 123 Interpretation  
  • 124 Application of Act to pre-existing injuries  
  • 125 Payments under previous Acts  
  • 126 Notices, claims etc. under previous Acts  
  • 127 Settlements and determinations under previous Acts  
  • 128 Liability under previous Acts  
  • 129 Application for review and other proceedings under previous Acts  
  • 130 Money and investments held under 1971 Act  
  • 131 Former employees under 65 who are in receipt of superannuation benefits  
  • 132 Former employees under 65 who are not in receipt of superannuation benefits  
  • 133 Minimum benefit payable  
  • 134 Reduction of compensation on reaching 65  
  • 135 Former employees 65 and over who are in receipt of superannuation benefits  
  • 136 Former employees 65 and over who are not in receipt of superannuation benefits  
  • 137 Redemption on request by former employees  
  • 138 Consequential amendments  
  • 139 Repeals  

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