COMMONWEALTH EMPLOYEES' REHABILITATION AND COMPENSATION ACT 1988 No. 75 of 1988 - SCHEDULE
COMMONWEALTH EMPLOYEES' REHABILITATION AND COMPENSATION ACT 1988 No. 75 of 1988 - SCHEDULE
SCHEDULE Section 138 CONSEQUENTIAL AMENDMENTS Air Accidents (Commonwealth Government Liability) Act 1963 Paragraph 10 (2) (a): Omit "Compensation (Commonwealth Government Employees) Act 1971", substitute " Commonwealth Employees' Rehabilitation and Compensation Act 1988". Paragraph 10 (3) (a): Omit "99 or 100 of the Compensation (Commonwealth Government Employees) Act 1971", substitute "Part IV of the Commonwealth Employees' Rehabilitation and Compensation Act 1988 ". Subparagraph 11 (1) (a) (i): Omit "Compensation (Commonwealth Government Employees) Act 1971", substitute " Commonwealth Employees' Rehabilitation and Compensation Act 1988". Paragraph 15 (2) (a): Omit "Compensation (Commonwealth Government Employees) Act 1971", substitute " Commonwealth Employees' Rehabilitation and Compensation Act 1988". Paragraph 15 (3) (a): Omit "99 or 100 of the Compensation (Commonwealth Government Employees) Act 1971", substitute "Part IV of the Commonwealth Employees' Rehabilitation and Compensation Act 1988 ". Anglo-Australian Telescope Agreement Act 1970 Subsection 16 (1): Omit "Compensation (Commonwealth Employees) Act 1971", substitute " Commonwealth Employees' Rehabilitation and Compensation Act 1988". Subsection 16 (2): (a) Omit "Compensation (Commonwealth Employees) Act 1971", substitute " Commonwealth Employees' Rehabilitation and Compensation Act 1988.". (b) Omit "Commonwealth", substitute "Commission or a relevant authority". Australian National Railways Commission Act 1983 Subsection 47 (1): (a) Omit "Commissioner" (wherever occurring), substitute "Commission". (b) Omit "section 54 of the Compensation (Commonwealth Government Employees) Act 1971", substitute " section 54 of the Commonwealth Employees' Rehabilitation and Compensation Act 1988 ". (c) Omit "Part III of that Act and section 98 of that Act were omitted", substitute "Part II of that Act". Paragraph 47 (2) (a): Omit "him", substitute "the employee". Paragraph 47 (2) (b): Omit "Compensation (Commonwealth Government Employees) Act 1971", substitute " Commonwealth Employees' Rehabilitation and Compensation Act 1988". Paragraph 47 (2) (c): Omit "Part III of that Act and section 98 of that Act were omitted", substitute "Part II of that Act". Subsection 47 (4): Omit the subsection, substitute the following subsection: "(4) In the application of the modified Commonwealth Employees' Rehabilitation and Compensation Act (in this subsection called 'the Act') in relation to a claim for compensation: (a) unless the contrary intention appears, expressions used in that part of the Act that comprises the applied South Australian provisions have the same respective meanings as they have in the Workers Compensation Act; (b) expressions used in the Act (other than in that part of the 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 Act that comprises the applied South Australian provisions: (i) a reference to the Court shall be read as a reference to the Commission; and (ii) a reference to a workman shall be read as a reference to a transferred South Australian employee.". Paragraph 47 (5) (a): (a) Omit "his", substitute "the employee's". (b) Omit "Commissioner", substitute "Commission". Paragraph 47 (5) (c): Omit "Compensation (Commonwealth Government Employees) Act 1971", substitute " Commonwealth Employees' Rehabilitation and Compensation Act 1988". Paragraph 47 (5) (d): Omit "Compensation (Commonwealth Government Employees) Act 1971", substitute " Commonwealth Employees' Rehabilitation and Compensation Act 1988". Subparagraph 47 (5) (d) (ii): Omit "Compensation (Commonwealth Government Employees) Act 1971", substitute " Commonwealth Employees' Rehabilitation and Compensation Act 1988". Paragraph 47 (5) (e): (a) Omit "Commissioner", substitute "Commission". (b) Omit "Compensation (Commonwealth Government Employees) Act 1971", substitute " Commonwealth Employees' Rehabilitation and Compensation Act 1988 ". Subsection 47 (6): (a) Omit "Compensation (Commonwealth Government Employees) Act" (wherever occurring), substitute " Commonwealth Employees' Rehabilitation and Compensation Act ". (b) Omit "is imposed", substitute "was imposed". (c) Omit "applies", substitute "applied". Subsection 47 (7): Omit "section 123 of the Compensation (Commonwealth Government Employees) Act 1971", substitute " section 122 of the Commonwealth Employees' Rehabilitation and Compensation Act 1988 ". Subsection 47 (8) (definitions of "applied South Australian provisions", "Commissioner" and "modified Compensation (Commonwealth Government Employees) Act"): Omit the definitions, substitute the following definitions: " 'applied South Australian provisions' means the provisions of Parts II, IV and VIII of, and the Second Schedule to, the Workers Compensation Act, and the provisions of any regulations and Proclamations in force immediately before 30 September 1987 for the purposes of those Parts and that Schedule, as modified by: (a) regulations made under the Commonwealth Employees' Rehabilitation and Compensation Act 1988 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, III, IV, V, VI, VII, IX and X of the Commonwealth Employees' Rehabilitation and Compensation Act 1988 ; and (b) regulations made under this Act for the purposes of subsection (8); 'Commission' means the Commission for the Safety, Rehabilitation and Compensation of Commonwealth Employees established by section 68 of the Commonwealth Employees' Rehabilitation and Compensation Act 1988; 'modified Commonwealth Employees' Rehabilitation and Compensation Act' means the Commonwealth Employees' Rehabilitation and Compensation Act 1988 modified by the substitution of the applied South Australian provisions for Part II of that Act;". Subsection 48 (1): (a) Omit "subsection 45 (7) or 46 (3) of the Compensation (Commonwealth Government Employees) Act 1971", substitute " sections 20 and 21 of the Commonwealth Employees' Rehabilitation and Compensation Act 1988". (b) Omit "or provident scheme established or maintained by the Commonwealth", substitute "scheme". After section 48: Insert the following section in Division 3: Transitional provisions "48A. (1) In this section: 'commencing day' means the day on which section 138 of the Commonwealth Employees' Rehabilitation and Compensation Act 1988 commences; 'Commission' has the same meaning as it has in the Commonwealth Employees' Rehabilitation and Compensation Act 1988 ; 'Commissioner' has the same meaning as it had in the Compensation (Commonwealth Government Employees) Act 1971 as in force immediately before the commencing day; 'instrument' means any instrument (including rules, regulations and by-laws) made, granted or issued pursuant to any Act; 'modified 1971 Act' means the modified Compensation (Commonwealth Government Employees) Act within the meaning of section 47 as in force immediately before the commencing day; 'modified 1988 Act' means the modified Commonwealth Employees' Rehabilitation and Compensation Act within the meaning of section 47. "(2) In this section, a reference to a thing done by, or in relation to, the Commissioner, includes a reference to a thing done by, or in relation to, a delegate of the Commissioner. "(3) Any act or thing done at any time before the commencing day by, or in relation to, the Commissioner, being an act or thing done pursuant to, or in relation to, the functions or powers of the Commissioner under the modified 1971 Act, shall, on and after that day, have the same effect as it would have if it had been done by, or in relation to, the Commission pursuant to, or in relation to, the corresponding functions or powers of the Commission under the modified 1988 Act. "(4) Any act or thing done at any time before the commencing day by, or in relation to, the Commonwealth, being an act or thing done under the modified 1971 Act shall, on and after that day, have the same effect as it would have if it had been done by, or in relation to, the Commission pursuant to, or in relation to, the functions or powers of the Commission under the modified 1988 Act. "(5) Any liability of the Commonwealth to pay compensation or make any other payment to a person under the modified 1971 Act shall, to the extent that it has not been discharged before the commencing day, be deemed to have been incurred by the Commission on that day under the corresponding provision of the modified 1988 Act. "(6) Any act or thing done at any time before the commencing day by, or in relation to, an employee, being an act or thing done under the modified 1971 Act, shall, on and after that day, have the same effect as it would have if it had been done by, or in relation to, the employee pursuant to, or in relation to, the modified 1988 Act. "(7) An election served on the Commissioner by a transferred South Australian employee under subsection 47 (1) as in force at any time before the commencing day shall be deemed to be an irrevocable election served on the Commission by that employee on that day under subsection 47 (1) as in force on that day. "(8) Where a person was, immediately before the commencing day, entitled to apply to the Administrative Appeals Tribunal under the modified 1971 Act, but had not made such an application before that day, Part VI of the modified 1988 Act applies as if: (a) the person were a claimant under the modified 1988 Act; and (b) the reference in subsection 62 (3) of the modified 1988 Act to 30 days after the day on which the determination first came to the notice of the claimant were a reference to 30 days after the commencing day. "(9) Where, immediately before the commencing day, there were pending in any court or tribunal any proceedings relating to any matter arising under the modified 1971 Act to which the Commonwealth was a party, those proceedings may be continued after the commencing day and, where those proceedings are so continued, the Commission and the Commonwealth shall be parties to those proceedings. "(10) A reference in any instrument to the Commissioner shall, in relation to any act or thing done, or to be done, after the commencing day, be read as a reference to the Commission. "(11) All money and investments held immediately before the commencing day for the benefit of a transferred South Australian employee by the Commissioner under the modified 1971 Act are, by force of this subsection, vested in the Commission and shall be held by the Commission for the benefit of that person.". Paragraph 50 (2) (a): Omit "Compensation (Commonwealth Government Employees) Act 1971", substitute " Commonwealth Employees' Rehabilitation and Compensation Act 1988". Commonwealth Teaching Service Act 1972 Paragraph 39 (2) (a): Omit "Compensation (Australian Government Employees) Act 1971-1973", substitute " Commonwealth Employees' Rehabilitation and Compensation Act 1988 ". Conciliation and Arbitration Act 1904 Paragraph 41A (1) (a): Omit "Compensation (Commonwealth Government Employees) Act 1971", substitute " Commonwealth Employees' Rehabilitation and Compensation Act 1988". Defence Act 1903 Paragraph 58B (1) (b): Omit "Compensation (Commonwealth Government Employees) Act 1971", substitute " Commonwealth Employees' Rehabilitation and Compensation Act 1988". Subsection 120B (16) (definition of "salary"): Omit "Compensation (Commonwealth Government Employees) Act 1971", substitute " Commonwealth Employees' Rehabilitation and Compensation Act 1988". Health Insurance Commission Act 1973 Subsection 28A (4): Omit "Compensation (Commonwealth Government Employees) Act 1971", substitute " Commonwealth Employees' Rehabilitation and Compensation Act 1988". Income Tax Assessment Act 1936 Paragraph 16 (4) (g): Omit the paragraph, substitute the following paragraph: "(g) the Commission for the Safety, Rehabilitation and Compensation of Commonwealth Employees established by section 68 of the Commonwealth Employees' Rehabilitation and Compensation Act 1988 for the purposes of that Act;". Paragraph 23AB (5) (a): Omit the paragraph, substitute the following paragraph: "(a) a payment of compensation under the Commonwealth Employees' Rehabilitation and Compensation Act 1988 in respect of the incapacity, impairment or death of a taxpayer;". Paragraphs 23AB (5) (b) and (c): After "incapacity" insert ", impairment". National Crime Authority Act 1984 Schedule: Omit "Compensation (Commonwealth Government Employees) Act 1971, section 24A". Postal Services Act 1975 Paragraph 70 (2) (a): Omit "Compensation (Commonwealth Government Employees) Act 1971", substitute " Commonwealth Employees' Rehabilitation and Compensation Act 1988". Public Service Act 1922 Subsection 64 (18) (definition of "salary"): Omit "Compensation (Commonwealth Government Employees) Act 1971", substitute " Commonwealth Employees' Rehabilitation and Compensation Act 1988". Sex Discrimination Act 1984 Paragraph 40 (2) (b): Omit the paragraph. Social Security Act 1947 Subsection 72 (1) (definition of "compensation payment"): Omit "section 45, 46 or 50 of the Compensation (Commonwealth Government Employees) Act 1971", substitute " section 19, 20, 21, 22 or 31 of the Commonwealth Employees' Rehabilitation and Compensation Act 1988". Telecommunications Act 1975 Paragraph 67 (2) (a): Omit "Compensation (Australian Government Employees) Act 1971-1974", substitute " Commonwealth Employees' Rehabilitation and Compensation Act 1988 ". Veterans' Entitlements Act 1986 Subsection 76 (6): Omit "section 102 of the Compensation (Commonwealth Government Employees) Act 1971", substitute " section 51 of the Commonwealth Employees' Rehabilitation and Compensation Act 1988 ".