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[Browse Databases] [Alphabetical Index] ['Sa' Index] [Download Act] [Search Act] SAFETY, REHABILITATION AND COMPENSATION ACT 1988 !!!The following amendments (No. 9, 2006 and No. 30, 2006 and No. 98, 2006) have not been incorporated. - List of Sections
Section
Compilation Information Long Title SAFETY, REHABILITATION AND COMPENSATION ACT 1988 1.
Short title [ see Note 1]
2.
Commencement [ see Note 1]
3.
Application of Act
4.
Interpretation
4AA.
Most injuries for members of the Defence Force no longer covered by this Act
4A.
Declaration that ACT a Commonwealth authority
5.
Employees
6.
Injury arising out of or in the course of employment
6A.
Injury arising out of or in the course of employment—extended operation
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
13A.
Application of Criminal Code
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 SAFETY, REHABILITATION AND COMPENSATION ACT 1988 14.
Compensation for injuries
15.
Compensation for loss of or damage to property used by employee
15A.
Most loss or damage to property used by members of the Defence Force etc. no longer covered by this Act
16.
Compensation in respect of medical expenses etc.
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 17.
Compensation for injuries resulting in death
18.
Compensation in respect of funeral expenses
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 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
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 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
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 29.
Compensation for household services and attendant care services
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 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
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 SAFETY, REHABILITATION AND COMPENSATION ACT 1988 34.
Definitions
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 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
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 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
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 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
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 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
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 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
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 SAFETY, REHABILITATION AND COMPENSATION ACT 1988 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
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 86.
Deputy Chief Executive Officer
87.
Duties of Deputy Chief Executive Officer
88.
Staff
89.
Consultants
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 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
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 90.
Application of the Commonwealth Authorities and Companies Act 1997
90B.
Payments to Comcare in respect of liabilities under Part X
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
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 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
97D.
Regulatory contributions
97E.
Commission may issue guidelines for determination of premiums and regulatory contributions
97F.
Information to be given to Comcare
97G.
Notice of determinations
97H.
Payment of the premium or regulatory contribution
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
97M.
Variation of determination of premium or regulatory contribution
97N.
Repayment of premium excess etc.
97P.
Penalty for late payment of premium or regulatory contribution
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 SAFETY, REHABILITATION AND COMPENSATION ACT 1988 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
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 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
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 108.
Licence can authorise licensee to accept liability
108A.
The consequences of a licensee's authorisation to accept liability
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 108B.
Licence can authorise licensee to manage claims
108C.
The consequences of a licensee's authorisation to manage claims
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 108D.
The Commission may grant licence on conditions
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 108E.
Functions of licensees
108F.
Powers of licensee
108G.
Date of effect of certain notices under this Part
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 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
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
120.
Notice of departure from Australia etc.
121.
Disallowable instruments
121A.
Confidential commercial information not to be published
122.
Regulations
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 SAFETY, REHABILITATION AND COMPENSATION ACT 1988 123.
Interpretation
123A.
Injuries suffered before the commencing day
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 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
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 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 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 employee
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 138.
Consequential amendments
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 139.
Repeals
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 SAFETY, REHABILITATION AND COMPENSATION ACT 1988 140.
Simplified outline of this Part
141.
Definitions
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 142.
Functions of MRCC
143.
Giving copies of defence-related claims etc.
144.
Provisions relating to management of claims etc.
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 145.
Relevant authority
146.
Rehabilitation authority etc.
147.
References to Comcare etc.
148.
Rehabilitation programs
149.
Directions by Minister
150.
Guidelines by Commission
151.
Obtaining information
152.
Delegation
153.
Holding money on trust for person under a legal disability
154.
Settlements and determinations etc. under the 1912 Act, the 1930 Act or the 1971 Act
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 155.
Reconsideration and review
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 156.
Liabilities of Comcare and the Commission with respect to defence service
157.
Application of certain provisions to Defence Department
158.
Regulatory contributions by Defence Department
159.
Modifications of provisions relating to contributions
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 160.
Appropriation
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 161.
Annual report
SAFETY, REHABILITATION AND COMPENSATION ACT 1988 SAFETY, REHABILITATION AND COMPENSATION ACT 1988 Note 2 Table A [Browse Databases] [Alphabetical Index] ['Sa' Index] [Download Act] [Search Act] [Back to top]