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COMMONWEALTH EMPLOYEES' REHABILITATION AND COMPENSATION ACT 1988

COMMONWEALTH EMPLOYEES' REHABILITATION AND COMPENSATION ACT 1988


TABLE OF PROVISIONS

           Long Title

   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  
           SCHEDULE