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SAFETY, REHABILITATION AND COMPENSATION AND OTHER LEGISLATION AMENDMENT BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Safety, Rehabilitation and Compensation
and Other Legislation Amendment Bill
2011
No. , 2011
(Education, Employment and Workplace Relations)
A Bill for an Act to amend the law relating to
occupational health, safety, rehabilitation and
compensation, and for related purposes
i Safety, Rehabilitation and Compensation and Other Legislation Amendment Bill 2011
No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendment of the Occupational Health and
Safety (Maritime Industry) Act 1993
3
Schedule 2--Amendment of the Safety, Rehabilitation and
Compensation Act 1988
4
Part 1--Amendments
4
Part 2--Saving provision
7
Schedule 3--Amendment of the Seafarers Rehabilitation and
Compensation Act 1992
8
Safety, Rehabilitation and Compensation and Other Legislation Amendment Bill 2011 No. ,
2011 1
A Bill for an Act to amend the law relating to
1
occupational health, safety, rehabilitation and
2
compensation, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Safety, Rehabilitation and
6
Compensation and Other Legislation Amendment Act 2011.
7
2 Commencement
8
This Act commences on the day after this Act receives the Royal
9
Assent.
10
2 Safety, Rehabilitation and Compensation and Other Legislation Amendment Bill 2011
No. , 2011
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule has effect according to
4
its terms.
5
6
Amendment of the Occupational Health and Safety (Maritime Industry) Act 1993
Schedule 1
Safety, Rehabilitation and Compensation and Other Legislation Amendment Bill 2011 No. ,
2011 3
Schedule 1--Amendment of the Occupational
1
Health and Safety (Maritime Industry)
2
Act 1993
3
4
1 Subsections 109(5) and (6)
5
Repeal the subsections, substitute:
6
(6) A code of practice, or a variation or revocation of a code of
7
practice, that is approved by the Minister is a legislative instrument
8
made by the Minister on the day on which he or she approves the
9
code, variation or revocation.
10
11
Schedule 2 Amendment of the Safety, Rehabilitation and Compensation Act 1988
Part 1 Amendments
4 Safety, Rehabilitation and Compensation and Other Legislation Amendment Bill 2011
No. , 2011
Schedule 2--Amendment of the Safety,
1
Rehabilitation and Compensation Act
2
1988
3
Part 1--Amendments
4
1 Paragraph 6(1)(b)
5
Repeal the paragraph, substitute:
6
(b) while the employee was at the employee's place of work, for
7
the purposes of that employment, or was temporarily absent
8
from that place during an ordinary recess in that employment;
9
or
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2 At the end of subsection 6(1)
11
Add:
12
; or (h) while the employee was, at the direction or request of the
13
Commonwealth or a licensee, at a place:
14
(i) outside Australia and the external Territories; and
15
(ii) declared by the Minister by legislative instrument to be
16
a place to which this paragraph applies; or
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(i) while the employee was:
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(i) at the direction or request of the Commonwealth or a
19
licensee, at a place outside Australia and the external
20
Territories; and
21
(ii) a member of a class of employees declared by the
22
Minister by legislative instrument to be a class to which
23
this paragraph applies.
24
3 After subsection 36(4)
25
Insert:
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(4A) However, subsection (4) does not operate to suspend the
27
employee's right to compensation for the cost of medical treatment
28
that is payable under section 16.
29
4 After subsection 37(7)
30
Insert:
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Amendment of the Safety, Rehabilitation and Compensation Act 1988 Schedule 2
Amendments Part 1
Safety, Rehabilitation and Compensation and Other Legislation Amendment Bill 2011 No. ,
2011 5
(7A) However, subsection (7) does not operate to suspend the
1
employee's right to compensation for the cost of medical treatment
2
that is payable under section 16.
3
5 After subsection 50(5)
4
Insert:
5
(5A) However, paragraph (5)(b) does not operate to suspend the
6
employee's right to compensation for the cost of medical treatment
7
that is payable under section 16.
8
6 Before subsection 61(1)
9
Insert:
10
(1A) The determining authority must consider and determine each claim
11
for compensation under section 14 within the period prescribed by
12
the regulations.
13
7 At the end of section 62
14
Add:
15
(6) The determining authority or person must decide a request made by
16
a claimant to reconsider a determination within the period
17
prescribed by the regulations.
18
8 After paragraph 90B(a)
19
Insert:
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(ab) to enable Comcare to discharge a liability incurred because of
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an event or process that:
22
(i) happened or commenced before 1 December 1988; and
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(ii) results in an injury, loss or damage that first manifests
24
itself on or after 1 December 1988.
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Example: An event--a person's inhalation of asbestos fibres--that happened
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before 1 December 1988 and results in an injury, loss or damage--the
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person's contraction of mesothelioma--that manifests itself on or after
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1 December 1988.
29
Note:
The heading to section 90B is altered by omitting "liabilities under Part X" and
30
substituting "long-term liabilities".
31
9 Paragraph 90B(b)
32
Schedule 2 Amendment of the Safety, Rehabilitation and Compensation Act 1988
Part 1 Amendments
6 Safety, Rehabilitation and Compensation and Other Legislation Amendment Bill 2011
No. , 2011
Omit all the words after "claims for", substitute "a liability mentioned
1
in paragraph (a) or (ab).".
2
10 Subparagraph 90C(1)(a)(i)
3
After "paragraph 90B(a)", insert "or (ab)".
4
11 Subsection 92(3)
5
Omit "(3)".
6
Note:
This item removes a redundant subsection number.
7
8
Amendment of the Safety, Rehabilitation and Compensation Act 1988 Schedule 2
Saving provision Part 2
Safety, Rehabilitation and Compensation and Other Legislation Amendment Bill 2011 No. ,
2011 7
Part 2--Saving provision
1
12 Saving provision--payments under section 90B
2
(1)
This item applies if:
3
(a) the Commonwealth paid an amount to Comcare under
4
section 90B of the Safety, Rehabilitation and Compensation
5
Act 1988 before the commencement of this item; and
6
(b)
that
amount:
7
(i) was not payable to Comcare under that section at that
8
time; but
9
(ii) would have been payable under that section if the
10
amendments made by this Schedule had been in force at
11
that time.
12
(2)
The Commonwealth may recover the amount already paid to Comcare
13
as a debt.
14
(3)
Comcare is entitled, on the commencement of this item, to be paid that
15
amount by the Commonwealth.
16
(4)
The Commonwealth may set off the amount that Comcare is entitled to
17
be paid against the amount already paid to Comcare.
18
(5)
The Consolidated Revenue Fund is appropriated for the purposes of this
19
item.
20
21
Schedule 3 Amendment of the Seafarers Rehabilitation and Compensation Act 1992
8 Safety, Rehabilitation and Compensation and Other Legislation Amendment Bill 2011
No. , 2011
Schedule 3--Amendment of the Seafarers
1
Rehabilitation and Compensation Act
2
1992
3
4
1 Paragraph 10(1)(b)
5
Omit "written notice", substitute "legislative instrument".
6
2 Paragraph 10(1)(b)
7
Omit "the notice", substitute "the instrument".
8
3 Paragraph 28(6A)(b) (definition of Specified rate per
9
kilometre)
10
Omit "by written notice", substitute ", by legislative instrument,".
11
4 After subsection 42(3)
12
Insert:
13
(3A) A Guide prepared under subsection (1), or a variation or revocation
14
of a Guide under subsection (2), that is approved by the Minister is
15
a legislative instrument made by the Minister on the day on which
16
he or she approves the Guide, variation or revocation.
17
5 Subsections 42(7), (9) and (10)
18
Repeal the subsections.
19
6 Subsection 44(3)
20
Omit "notice in writing", substitute "legislative instrument".
21
7 Paragraph 49(6B)(b) (definition of Specified rate per
22
kilometre)
23
Omit "by written notice", substitute ", by legislative instrument,".
24
8 Paragraph 50(2B)(b) (definition of Specified rate per
25
kilometre)
26
Omit "by written notice", substitute ", by legislative instrument,".
27
Amendment of the Seafarers Rehabilitation and Compensation Act 1992 Schedule 3
Safety, Rehabilitation and Compensation and Other Legislation Amendment Bill 2011 No. ,
2011 9
9 Subsection 66(4B) (definition of specified rate per
1
kilometre)
2
Omit "by written notice", substitute ", by legislative instrument,".
3
10 Subsection 66(6)
4
Omit "written notice", substitute "legislative instrument".
5
11 Subsection 83A(5) (definition of specified rate per
6
kilometre)
7
Omit "by written notice", substitute ", by legislative instrument,".
8
12 Subsection 83A(9)
9
Omit "written notice", substitute "legislative instrument".
10
13 Subsection 130(3)
11
Omit "notice in writing", substitute "legislative instrument".
12
14 Subsection 135(2)
13
Omit "set-off", substitute "set off".
14
Note:
This item corrects a misspelling.
15
15 Subsection 139(7) (definition of specified law)
16
Omit "written notice", substitute "legislative instrument".
17
16 Section 142
18
Repeal the section.
19

 

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