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WORKPLACE RELATIONS LEGISLATION AMENDMENT ACT 2002 NO. 127, 2002 - SCHEDULE 1

- Amendments relating to rehabilitation and compensation laws

Safety, Rehabilitation and Compensation Act 1988

1 At the end of section 41A

Add:

(2) A rehabilitation authority who is the Chief of the Defence Force may, in writing, delegate to an officer or employee of the Commonwealth all or any of the powers and functions of the rehabilitation authority under this Part.
2 At the end of section 72A

Add:

(2) Comcare must:

(a)
give the Seafarers Safety, Rehabilitation and Compensation Authority (established under section 103 of the Seafarers Rehabilitation and Compensation Act 1992 ) such secretarial and other assistance; and

(b)
make available to the Authority the services of such members of Comcare's staff and such other resources;

as the Authority reasonably requires from time to time for the proper performance of its functions or exercise of its powers.

Note: The heading to section 72A is replaced by the heading " Duty to assist the Commission and the Seafarers Safety, Rehabilitation and Compensation Authority ".

3 Section 94

Repeal the section.

Seafarers Rehabilitation and Compensation Act 1992

4 Section 104 (note)

Omit "Note", substitute "Note 1".

5 At the end of section 104

Add:

Note 2: Section 72A of the Safety, Rehabilitation and Compensation Act 1988 imposes a duty on Comcare to assist the Authority in performing its functions and exercising its powers.

6 Subsection 125(1)

Repeal the subsection, substitute:

Delegation by Authority

(1) The Authority may, by resolution, delegate all or any of the Authority's functions and powers to the Chief Executive Officer of Comcare.

Note: The heading to section 125 is altered by adding " and sub-delegation " after " Authority ".

7 Subsections 125(2) and (3)

Omit "this section", substitute "subsection (1)".

8 At the end of section 125

Add:

Subdelegation by CEO of Comcare

(5) Despite paragraph 34AB(b) of the Acts Interpretation Act 1901 , the Chief Executive Officer of Comcare may, by signed writing, delegate all or any of the functions and powers delegated under subsection (1) to:

(a)
the Deputy Chief Executive Officer of Comcare; or

(b)
a member of Comcare's staff.

Seafarers Rehabilitation and Compensation Levy Collection Act 1992

9 Section 3

Insert:

Comcare means the body established under section 68 of the Safety, Rehabilitation and Compensation Act 1988 .

10 Section 6

Omit "the Secretary", substitute "the Chief Executive Officer of Comcare".

11 Section 11

Omit "The Secretary may, in writing, appoint a person in the Department", substitute "The Chief Executive Officer of Comcare may, in writing, appoint the Deputy Chief Executive Officer of Comcare, or a member of Comcare's staff".

12 Subsection 14(1)

Omit "The Secretary", substitute "The Chief Executive Officer of Comcare".

13 Paragraph 14(2)(b)

Omit "the Secretary", substitute "the Chief Executive Officer of Comcare".

14 Subsection 14(4)

Omit "the Secretary", substitute "the Chief Executive Officer of Comcare".

15 Subsection 15(1)

Repeal the subsection, substitute:

(1) The Chief Executive Officer of Comcare may, in writing, delegate all or any of his or her functions and powers under this Act (other than powers under section 11) to:

(a)
the Deputy Chief Executive Officer of Comcare; or

(b)
a member of Comcare's staff.

Note: The heading to section 15 is replaced by the heading " Delegation by the CEO of Comcare ".

16 Subsection 15(2)

Omit "the Secretary", substitute "the Chief Executive Officer of Comcare".

17 Transitional regulations

The Governor-General may make regulations providing for matters of a transitional or savings nature arising out of the amendments made by item 2 and items 4 to 16.


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