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SAFETY, REHABILITATION AND COMPENSATION ACT 1988

Table of Provisions

PART I--PRELIMINARY

  • 1 Short title  
  • 2 Commencement  
  • 3 Application of Act  
  • 4 Interpretation  
  • 4AA Liabilities of Comcare and the Commission with respect to defence service  
  • 4A Declaration that ACT a Commonwealth authority  
  • 5 Employees  
  • 5A Definition of injury  
  • 5B Definition of disease  
  • 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--Consumer Price Index  
  • 13AA Indexation--Wage Price Index  
  • 13A Application of Criminal Code  

PART II--COMPENSATION

Division 1--Injuries, property loss or damage, medical expenses

  • 14 Compensation for injuries  
  • 15 Compensation for loss of or damage to property used by employee  
  • 16 Compensation in respect of medical expenses etc.  

Division 2--Injuries resulting in death

  • 17 Compensation for injuries resulting in death  
  • 18 Compensation in respect of funeral expenses  

Division 3--Injuries resulting in incapacity for work

  • 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  
  • 21A Compensation for injuries resulting in incapacity if employee is in receipt of a superannuation pension and a lump sum benefit  
  • 22 Compensation where employee is maintained in a hospital  
  • 23 Compensation for incapacity not payable in certain cases  
  • 23A Repayment of salary, wages or pay, and re - crediting of paid leave, where compensation claim successful  

Division 4--Injuries resulting in impairment

  • 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  

Division 5--Household and attendant care services

  • 29 Compensation for household services and attendant care services obtained as a result of a non - catastrophic injury  
  • 29A Compensation for household services and attendant care services obtained as a result of a catastrophic injury  

Division 6--Miscellaneous

  • 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  

PART III--REHABILITATION

Division 1--Preliminary

Division 2--Approved rehabilitation program providers

  • 34A How this Part applies to partnerships  
  • 34B Persons may seek approval as rehabilitation program providers  
  • 34C Applications for initial approval  
  • 34D Comcare to establish criteria for approval, or renewal of approval, of persons as rehabilitation program providers  
  • 34E Comcare to establish operational standards for rehabilitation program providers  
  • 34F The initial approval decision  
  • 34G Duration of initial approval given on application  
  • 34H Comcare may also approve persons as rehabilitation program providers on its own initiative  
  • 34J Persons may seek renewal of approval as rehabilitation program providers in certain circumstances  
  • 34K The renewal application  
  • 34L The renewal decision  
  • 34M Duration of renewal of approval  
  • 34N Further information may be required of applicants  
  • 34P Initial approval or renewal is subject to conditions  
  • 34Q Revocation of approval  
  • 34R Review of decisions  
  • 34S Approved forms  

Division 3--Rehabilitation programs

  • 35 Exempt authorities  
  • 36 Assessment of capability of undertaking rehabilitation program  
  • 37 Provision of rehabilitation programs  
  • 38 Review of certain determinations by Comcare  
  • 39 Compensation payable in respect of certain alterations etc.  
  • 40 Duty to provide suitable employment  
  • 41 Rehabilitation authorities to comply with guidelines  
  • 41A Delegation by rehabilitation authority  
  • 41B Application of rehabilitation provisions to former Commonwealth authorities  
  • 41C Application of rehabilitation provisions to successors of former Commonwealth authorities  
  • 41D Application of rehabilitation provisions to the Australian Capital Territory if it ceases to be a Commonwealth authority  

PART IV--LIABILITIES--ARISING APART FROM THIS ACT

  • 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 common law claims against third party  
  • 47 Notice of common law claims against Commonwealth  
  • 48 Compensation not payable where damages recovered  
  • 49 Dependants not claiming compensation  
  • 50 Common law claims against third parties  
  • 51 Payment of damages by persons to Comcare  
  • 52 Compensation not payable both under Act and under award  
  • 52A Comcare's rights and obligations in respect of certain action for non - economic loss  

PART V--CLAIMS--FOR COMPENSATION

  • 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  

PART VI--RECONSIDERATION--AND REVIEW OF DETERMINATIONS

  • 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  

PART VII--ADMINISTRATION--AND FINANCE

Division 1--Comcare

  • 68 Establishment  
  • 69 Functions  
  • 70 Powers  
  • 70A Comcare may charge for certain services  
  • 70B Formation and activities of Comcare subsidiaries  
  • 71 Power to obtain information from Departments and authorities  
  • 72 Manner in which claims are to be determined  
  • 72A Duty to assist the Commission and the Seafarers Safety, Rehabilitation and Compensation Authority  
  • 73 Directions by Minister  
  • 73A Guidelines by Commission  
  • 73B Delegation by Comcare  
  • 74 Constitution of Comcare  
  • 76 The Chief Executive Officer  
  • 79 Persons acting as Chief Executive Officer  
  • 80 Remuneration and allowances  
  • 81 Leave of absence  
  • 83 Resignation  
  • 84 Termination of appointment  
  • 85 Annual report  

Division 2--Deputy Chief Executive Officer, staff and consultants

  • 86 Deputy Chief Executive Officer  
  • 87 Duties of Deputy Chief Executive Officer  
  • 88 Staff  
  • 89 Consultants  

Division 3--The Commission

  • 89A Establishment  
  • 89B Functions  
  • 89C Powers  
  • 89D Directions by Minister  
  • 89E Constitution  
  • 89F Appointment  
  • 89G Term of office  
  • 89H Deputies of members  
  • 89J Acting Chairperson  
  • 89K Remuneration and allowances  
  • 89L Leave of absence  
  • 89M Disclosure of interests  
  • 89N Resignation  
  • 89P Termination of appointment  
  • 89Q Meetings  
  • 89R Delegation by Commission and sub - delegation  
  • 89S Annual reports  

Division 4--Finance

  • 90B Payments to Comcare in respect of long - term liabilities  
  • 90C Source of funds to enable Comcare to meet its liabilities and other expenses  
  • 90D Appropriation  
  • 91 Money of Comcare  
  • 92 Estimates of receipts and expenditure  
  • 93 Exemption from taxation  
  • 95 Borrowing  

Division 4A--Premiums and regulatory contributions

  • 96 Extended meaning of Commonwealth authority for purposes of regulatory contributions  
  • 96A Available scheme funds  
  • 96B Comcare - retained funds  
  • 96C Principal officer  
  • 97 Determination of premiums  
  • 97A Matters for consideration in determination of premium  
  • 97B Determination of special premiums for non - economic loss in respect of injuries suffered after 30 June 1999 and before 1 July 2002  
  • 97C Estimate of premium for certain Commonwealth authorities  
  • 97CA Determination of exit contributions for former Commonwealth authorities  
  • 97CB Determination of exit contributions for successors of former Commonwealth authorities  
  • 97CC Determination of exit contributions for the Australian Capital Territory if it ceases to be a Commonwealth authority  
  • 97D Regulatory contributions payable by an Entity or a Commonwealth authority  
  • 97DA Regulatory contributions payable by a former Commonwealth authority etc.  
  • 97DAA Regulatory contributions by Defence Department  
  • 97DAB Modifications of provisions relating to contributions  
  • 97DB Constitutional limits  
  • 97E Guidelines and principles  
  • 97F Information to be given to Comcare  
  • 97G Notice of determinations  
  • 97H Payment of premium or regulatory contribution by an Entity or Commonwealth authority  
  • 97HA Payment of exit contribution or regulatory contribution by a former Commonwealth authority etc.  
  • 97J Review by Comcare of determination of premium or regulatory contribution  
  • 97K Further review by Commission of outcome of Comcare's review  
  • 97L Refund of premium or regulatory contribution paid by an Entity or Commonwealth authority  
  • 97LA Refund of exit contribution or regulatory contribution paid by a former Commonwealth authority etc.  
  • 97M Variation of determination of premium or regulatory contribution payable by an Entity or Commonwealth authority  
  • 97MA Variation of determination of exit contribution or regulatory contribution payable by a former Commonwealth authority etc.  
  • 97N Repayment of premium excess etc.  
  • 97P Late payment penalty  
  • 97Q Refund of premiums to former Commonwealth authorities  
  • 97QA Refund of premiums to successors of former Commonwealth authorities  
  • 97QB Refund of premiums to the Australian Capital Territory if it ceases to be a Commonwealth authority  
  • 97QBA Refund of exit contributions to former Commonwealth authorities  
  • 97QBB Refund of exit contributions to successors of former Commonwealth authorities  
  • 97QBC Refund of exit contributions to the Australian Capital Territory if it ceases to be a Commonwealth authority  
  • 97QC Refunds to be made from Comcare - retained funds  
  • 97QD Remission of exit contributions payable by former Commonwealth authorities  
  • 97QE Remission of exit contributions payable by successors of former Commonwealth authorities  
  • 97QF Remission of exit contributions payable by the Australian Capital Territory if it ceases to be a Commonwealth authority  

PART VIII--LICENCES--TO ENABLE COMMONWEALTH AUTHORITIES AND CERTAIN CORPORATIONS TO ACCEPT LIABILITY FOR, AND/OR MANAGE, CLAIMS

Division 1--Preliminary

  • 98A Outline of Part  
  • 99 Definitions  
  • 100 Minister may declare a corporation eligible to be granted a licence under this Part  
  • 101 Ministerial directions concerning licences  

Division 2--Powers of the Commission in relation to licences

  • 102 Application for grant of a licence  
  • 103 The Commission's power to grant licences  
  • 104 Licence decision  
  • 104A Licence fees  
  • 105 The Commission may vary the scope of a licence or extend its term  
  • 106 Suspension or revocation of licences at the instance of the Commission  
  • 107 Revocation of licence at request of licensee  
  • 107A Effect of suspension or revocation  

Division 3--Authorisation to accept liability in respect of certain claims

  • 108 Licence can authorise licensee to accept liability  
  • 108A The consequences of a licensee's authorisation to accept liability  

Division 4--Authorisation to manage claims

  • 108B Licence can authorise licensee to manage claims  
  • 108C The consequences of a licensee's authorisation to manage claims  

Division 5--Conditions of a licence

  • 108D The Commission may grant licence on conditions  

Division 6--Miscellaneous

  • 108E Functions of licensees  
  • 108F Powers of licensee  
  • 108G Date of effect of certain notices under this Part  
  • 108H Delegation by licensed authority  

PART IX--MISCELLANEOUS

  • 109A 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  
  • 112A Making of compensation payments through employers of employees paid out of relevant money  
  • 112B Making of compensation payments through employers of employees not paid out of relevant money  
  • 113 Recovery of amounts due to relevant authority  
  • 114 Recovery of overpayments  
  • 114A Notice to Comcare of retirement of employee  
  • 114B Recovery of overpayment to retired employee  
  • 114C Comcare may write off debt  
  • 114D Comcare may waive debt  
  • 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  
  • 119A Persons entitled to treatment under other legislation not entitled to certain compensation  
  • 120 Notice of departure from Australia etc.  
  • 121A Confidential commercial information not to be published  
  • 122 Regulations  
  • 122A Legislative rules  

PART X--TRANSITIONAL--PROVISIONS

Division 1--Preliminary

Division 2--Transitional provisions

  • 124 Application of Act to pre - existing injuries  
  • 124A Northern Territory to reimburse Comcare for certain compensation payments and administrative expenses  
  • 125 Payments under previous Acts  
  • 126 Notices, claims etc. under previous Acts  
  • 127 Settlements and determinations under previous Acts  
  • 128 Liability under previous Acts  
  • 128A Comcare's liability to be discharged by prescribed Commonwealth authorities in some cases  
  • 129 Application for review and other proceedings under previous Acts  
  • 129A Reconsideration and review of certain determinations under 1971 Act  
  • 130 Money and investments held under 1971 Act  

Division 3--Special transitional provisions relating to certain former employees

  • 131 Former employees under 65 who are in receipt of superannuation benefits and are unable to engage in any work  
  • 132 Former employees under 65 who are not in receipt of superannuation benefits and are unable to engage in any work  
  • 132A Former employees under 65 who are capable of engaging in any work  
  • 133 Minimum benefit payable  
  • 134 Reduction of compensation on reaching pension age  
  • 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 employee  

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