Commonwealth of Australia Explanatory Memoranda

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SAFETY, REHABILITATION AND COMPENSATION AMENDMENT BILL 2010

2008 - 2009






               THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA







                          HOUSE OF REPRESENTATIVES















         SAFETY, REHABILITATION AND COMPENSATION AMENDMENT BILL 2009





                           EXPLANATORY MEMORANDUM





















    (Circulated by authority of the Minister for Employment and Workplace
                 Relations, the Honourable Julia Gillard MP)







         SAFETY, REHABILITATION AND COMPENSATION AMENDMENT BILL 2009




OUTLINE

This Bill will amend section 100 of the Safety, Rehabilitation and
Compensation Act 1988
(the SRC Act) to provide the Minister with an absolute discretion to
consider requests for declarations of eligibility for a licence under the
SRC Act.

The aim of the amendment is to make explicit that section 100 of the SRC
Act empowers, but does not oblige, the Minister to consider or determine
requests for declarations of eligibility. In particular, the Minister would
not be able to be compelled to consider these requests.  This would apply
to new requests or applications, and any existing applications that have
been made but not determined.





FINANCIAL IMPACT STATEMENT

The amendment is of an administrative character and there will be no
financial cost to the Commonwealth.


NOTES ON CLAUSES

Clause 1 - Short title

1.    This is a formal provision specifying the short title of the Act.

Clause 2 - Commencement 

2.      This clause would provide that this Act commences on Royal Assent.

Clause 3 - Schedule(s)

11.   This clause would provide that an Act that is specified in a Schedule
is amended or repealed as set out in that Schedule, and any other item in a
Schedule operates according to its terms.


Schedule 1 ~ Main Amendments


Proposed Item 1 - Section 100

Proposed Item 1 is a technical amendment re-numbering the section to
provide for its expansion.


Proposed Item 2 - at the end of section 100

Proposed Item 2 would provide that the Minister is not required to consider
a request for a declaration of eligibility under subsection (1). This would
provide the Minister with an absolute discretion on whether or not to
consider a request.


Proposed Item 3 - Application

Proposed Item 3 would provide that the amendments in Item 2 would apply to
requests made before, at or after the time at which that Item commences.

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