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1998-1999-2000-2001
THE PARLIAMENT OF THE
COMMONWEALTH OF
AUSTRALIA
SENATE
SAFETY, REHABILITATION
AND COMPENSATION AND OTHER
LEGISLATION AMENDMENT BILL
2000
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be moved on behalf of the
Government
(Circulated by authority of the Minister for
Employment, Workplace Relations
and Small Business, the Honourable Tony
Abbott MP)
SAFETY, REHABILITATION AND COMPENSATION AND
OTHER
LEGISLATION AMENDMENT BILL 2000
(Amendments to be
moved on behalf of the Government)
OUTLINE
These amendments:
§ provide for a later commencement date for Part 10 of Schedule 2 to the Safety, Rehabilitation and Compensation and Other Legislation Amendment Bill 2000;
§ provide for a corrected definition of an approved program provider; and
§ make other changes consequential to adjustments to the Safety, Rehabilitation and Compensation Act 1988 which were made by regulations under the Public Employment (Consequential and Transitional) Amendment Act 1999.
FINANCIAL IMPACT STATEMENT
The amendments proposed to the Bill are
not expected to have any impact on Commonwealth expenditure.
NOTES ON AMENDMENTS
Amendment No. 1 – Clause 2,
page 2 (line 11)
Subclause 2(5) sets out the commencement date of Part 10 of Schedule 2. This
amendment is proposed because the amendments at Part 10 will change what is to
be included in premiums due to Comcare, from agencies, for the coming financial
years. The Safety, Rehabilitation and Compensation Commission determines the
premiums due from agencies in June each year. Delays in the passage of this
Bill (the SRCOLA Bill) have meant that the commencement of the Part 10 changes
must be deferred from 1 July 2001 to 1 July 2002.
Amendment No. 2
– Schedule 2, page 30 (before line 4)
New item 25A –
Subsection 4(1)
New item 25A is to repeal the definition of
approved program provider in subsection 4(1) and substitute a new
definition. This amendment is proposed as consequential to amendments proposed
in the Bill to section 34 of the Safety, Rehabilitation and Compensation Act
1988 (SRC Act). Subsection 4(1) currently defines an approved program
provider as “a person approved under section 34”. Item 26 of the
Bill proposes to repeal the existing section 34 and substitute a number of new
provisions that deal with the approval of rehabilitation program providers. The
new section 34 will deal only with definitions and not approvals. It is
therefore necessary to amend the definition of “approved program
providers” in subsection 4(1).
Amendment No. 3 –
Schedule 2, page 39 (before line 26)
New item 27A – Subsection
37(2)
This item proposes to insert a new item 27A which would repeal
existing subsection 37(2) and replace it with a new subsection 37(2). This
change is consequential to the amendments to Part 6 set out in the Bill and
clarifies the circumstances under which a rehabilitation authority can make
arrangements for the provision of a rehabilitation program.
Amendment
No. 4 – Schedule 2, item 37, page 43 (line 3)
This amendment is the first of the amendments to align the provisions of the
SRCOLA Bill with changes to the SRC Act made by regulations under the Public
Employment (Consequential and Transitional) Amendment Act 1999 (PECTA Act).
The PECTA Act, which allows for consequential amendments of other Acts by
regulations, deals with consequential and transitional matters arising from the
repeal of the Public Service Act 1922 and its replacement with the
Public Service Act 1999 (the 1999 Act).
The 1999 Act significantly
changed the meaning of the terms ‘Department’ and ‘Secretary
of Department’. The SRC Act originally applied to
‘Departments’, ‘Commonwealth authorities’, licensed
authorities and licensed corporations. After the passage of the 1999 Act, the
definition of ‘Department’ specifically excluded an ‘Executive
Agency’ and a ‘Statutory Agency’. The effect of this was that
agencies could not be treated as Departments and technically should lose their
status as separate entities under the SRC Act. This is not appropriate because
being treated as separate agencies allows for the appropriate allocation for
workers compensation and occupational health at the agency level.
To
address these difficulties the Safety, Rehabilitation and Compensation Act
1988 Amendment Regulations 2001 (No. 1) (Statutory Rule No. 70 of 2001)
removed references to ‘Department’ and ‘Secretary of a
Department’ and replaced them with the new terms ‘Entity’ and
‘principal officer’ in relation to an Entity.
The majority
of the following amendments to the SRCOLA Bill are consequential in nature and
include the replacement of reference to ‘Department’ with references
to ‘Entity’, and references to ‘Secretary of a
Department’ replaced with references to ‘principal officer of an
Entity’.
Amendment No. 4, in particular, omits a reference to “Secretary to
a Department” and replaces it with a reference to “principal officer
of an Entity”.
Amendment No. 5 – Schedule 2, item 37,
page 43 (line 8)
This amendment replaces a reference to
“Department” with a reference to
“Entity”.
Amendment No. 6 – Schedule 2, item 49,
page 46 (line 23)
This amendment replaces a reference to “eligible
entity” with a reference to “eligible applicant”. The purpose
of this is to address any potential confusion arising from the interaction of
the existing term “eligible entity” and the term
“entity” which was introduced in Statutory Rule No. 70 of 2001 and
which gave effect to the terminology used in the Public Service Act
1999.
Amendment No. 7 – Schedule 2, item 49, page 48
(line 9)
This amendment replaces a reference to “entity” with
a reference to “applicant”. This amendment is necessary for the
reasons set out in relation to Amendment No. 6.
Amendment No. 8
– Schedule 2, item 49, page 48 (line 11)
Amendment No. 9 –
Schedule 2, item 49, page 48 (line 17)
Amendment No. 10 –
Schedule 2, item 49, page 48 (line 20)
Amendment No. 11 –
Schedule 2, item 49, page 48 (line 26)
These amendments insert the word
“eligible” before “applicant”. These amendments are
necessary to provide for consistent terminology in this Part consequent to
Amendment No. 6.
Amendment No. 12 – Schedule 2, item 49,
page 49 (line 7)
Amendment No. 13 – Schedule 2, item 49, page 49
(line 9)
These amendments omit the term “entity” and replace
it with the term “applicant” for the reasons set out at Amendment
No. 6.
Amendment No. 14 – Schedule 2, item 58, page 63 (line
17)
Amendment No. 15 – Schedule 2, item 58, page 63 (line
21)
Amendment No. 16 – Schedule 2, item 59, page 63 (line
29)
Amendment No. 17 – Schedule 2, item 59, page 63 (line
33)
Amendment No. 18 – Schedule 2, item 69, page 69 (line
27)
Amendment No. 19 – Schedule 2, item 69, page 69 (line
31)
Amendment No. 20 – Schedule 2, item 69, page 70 (line
4)
Amendment No. 21 – Schedule 2, item 69, page 70 (line
6)
Amendment No. 22 – Schedule 2, item 69, page 70 (line
15)
Amendment No. 23 – Schedule 2, item 72, page 71 (line
21)
Amendment No. 24 – Schedule 2, item 72, page 73 (line
10)
Amendment No. 25 – Schedule 2, item 72, page 73 (line
13)
Amendment No. 26 – Schedule 2, item 75, page 74 (line
12)
Amendment No. 27 – Schedule 2, item 75, page 74 (lines 16
and 17)
Amendment No. 28 – Schedule 2, item 75, page 74 (line
22)
Amendment No. 29 – Schedule 2, item 75, page 74 (line
26)
These amendments replace a number of references to
“Department” with references to “Entity” as
appropriate.
Amendment No. 30 – Schedule 2, item 75, page 74
(lines 29 and 30)
This amendment omits the expression “Department
of” and replaces it with the expression “Entity or”,
consistent with other amendments introduced pursuant to the Public Service
Act 1999 and to correct a typographical error in the draft
Bill.
Amendment No. 31 – Schedule 2, item 75, page 75 (line
2)
Amendment No. 32 – Schedule 2, item 75, page 75 (line
6)
Amendment No. 33 – Schedule 2, item 75, page 75 (line
9)
Amendment No. 34 – Schedule 2, item 75, page 75 (line
12)
Amendment No. 35 – Schedule 2, item 75, page 75 (line
16)
Amendment No. 36 – Schedule 2, item 75, page 75 (line
18)
Amendment No. 37 – Schedule 2, item 75, page 75 (line 20 and
21)
Amendment No. 38 – Schedule 2, item 75, page 75 (line
25)
Amendment No. 39 – Schedule 2, item 75, page 75 (line
32)
Amendment No. 40 – Schedule 2, item 75, page 75 (line
34)
Amendment No. 41 – Schedule 2, item 75, page 76 (line
7)
Amendment No. 42 – Schedule 2, item 75, page 76 (line
12)
Amendment No. 43 – Schedule 2, item 75, page 76 (line
15)
Amendment No. 44 – Schedule 2, item 75, page 76 (line
17)
Amendment No. 45 – Schedule 2, item 75, page 76 (line
28)
Amendment No. 46 – Schedule 2, item 75, page 76 (line
35)
Amendment No. 47 – Schedule 2, item 75, page 77 (line
30)
Amendment No. 48 – Schedule 2, item 75, page 78 (line
8)
Amendment No. 49 – Schedule 2, item 75, page 78 (line
14)
Amendment No. 50 – Schedule 2, item 75, page 78 (line
23)
Amendment No. 51 – Schedule 2, item 75, page 78 (line
29)
Amendment No. 52 – Schedule 2, item 75, page 78 (line
31)
Amendment No. 53 – Schedule 2, item 75, page 78 (line
34)
Amendment No. 54 – Schedule 2, item 75, page 79 (line
5)
Amendment No. 55 – Schedule 2, item 75, page 79 (line
9)
These amendments replace a number of references to
“Department” or “Departments” with references to
“Entity” or “Entities”, as
appropriate.
Amendment No. 56 – Schedule 2, item 75, page 79
(lines 19 and 20)
This amendment omits a reference to “Secretary of
each Department and the principal officer of each Commonwealth authority”
and replaces it with a reference to “principal officer of each Entity or
each Commonwealth authority”.
Amendment No. 57 –
Schedule 2, item 75, page 79 (line 22)
This amendment replaces a
reference to “Department” with a reference to
“Entity”.
Amendment No. 58 – Schedule 2, item 75, page 79 (lines 25 and
26)
This amendment omits a reference to “Secretary of a Department,
or the principal officer of a Commonwealth authority” and replaces it with
a reference to “principal officer of an Entity or a Commonwealth
authority”.
Amendment No. 59 – Schedule 2, item 75,
page 79 (line 31)
This amendment replaces a reference to
“Department” with a reference to
“Entity”.
Amendment No. 60 – Schedule 2, item
75, page 80 (lines 6 and 7)
This amendment omits a reference (in relation
to the appropriate giving of notice by Comcare) to “a Department to the
Secretary of a Department” and replaces it with a reference to “an
Entity to the principal officer of the Entity”.
Amendment No.
61 – Schedule 2, item 75, page 80 (line 12)
Amendment No. 62
– Schedule 2, item 75, page 80 (line 14)
These amendments
replace references to “Department” with references to
“Entity” as appropriate.
Amendment No. 63 –
Schedule 2, item 75, page 80 (lines 16 and 17)
This amendment omits a
reference to “Secretary of a Department or the principal officer of a
Commonwealth” and replaces it with a reference to “principal officer
of an Entity or a Commonwealth” (authority).
Amendment No. 64
– Schedule 2, item 75, page 80 (line 19)
This amendment
replaces a reference to “Department” with a reference to
“Entity”.
Amendment No. 65 – Schedule 2, item
75, page 80 (lines 20 and 21)
This amendment omits a reference to
“Secretary of a Department or the principal officer of an authority”
and replaces it with a reference to “principal officer of an Entity or an
authority”.
Amendment No. 66 – item 75, page 80 (lines
23 and 24)
This amendment omits a reference to “Secretary of a
Department or the principal officer of a Commonwealth authority” and
replaces it with a reference to “principal officer of an Entity or a
Commonwealth authority”.
Amendment No. 67 – Schedule
2, item 75, page 80 (line 25)
This amendment deletes a reference to
“the Secretary or”, meaning that the reference would be to the
“principal officer” only.
Amendment No. 68 –
Schedule 2, item 75, page 80 (lines 28 and 29)
This amendment omits a
reference to “Secretary of the Department, or the principal officer of the
Commonwealth authority” and replaces it with a reference to
“principal officer of the Entity or the Commonwealth
authority”.
Amendment No. 69 – Schedule 2, item 75,
page 81 (line 1)
This amendment replaces a reference to
“Department” with a reference to
“Entity”.
Amendment No. 70 – Schedule 2, item
75, page 81 (lines 9 and 10)
This amendment omits a reference to
“Secretary of the Department, or the principal officer of the
Commonwealth” and replace it with a reference to “principal officer
of the Entity or the Commonwealth” (authority).
Amendment No.
71 – Schedule 2, item 75, page 81 (lines 12 and 13)
This
amendment omits a reference to “Secretary of a Department or the principal
officer of a Commonwealth” and replace it with a reference to
“principal officer of an Entity or a Commonwealth” (authority).
Amendment No. 72 – Schedule 2, item 75, page 81 (line
15)
Amendment No. 73 – Schedule 2, item 75, page 81 (line
16)
Amendment No. 74 – Schedule 2, item 75, page 81 (lines 22
and 23)
These amendments replaces references to “Department”
with references to “Entity” as appropriate.
Amendment No.
75 – Schedule 2, item 75, page 81 (lines 25 and 26)
This
amendment replaces the words “Secretary of the Department, or the
principal officer of the authority” with “principal officer of the
Entity or authority”.
Amendment No. 76 – Schedule 2,
item 75, page 81 (line 28)
This amendment deletes a reference to
“the Secretary or”, thus the reference would be to the
“principal officer” only.
Amendment No. 77 –
Schedule 2, item 75, page 82 (lines 8 and 9)
This amendment omits a
reference to “Secretary of the Department, or the principal officer of the
Commonwealth authority” and replace it with a reference to
“principal officer of the Entity or the Commonwealth
authority”.
Amendment No. 78 – Schedule 2, item 75,
page 82 (line 13)
Amendment No. 79 – Schedule 2, item 75, page
82 (line 18)
Amendment No. 80 – Schedule 2, item 75, page 82
(line 20)
Amendment No. 81 – Schedule 2, item 75, page 82 (line
28)
Amendment No. 82 – Schedule 2, item 75, page 83 (lines 3 and
4)
Amendment No. 83 – Schedule 2, item 75, page 83 (line
11)
These amendments replace references to “Department” or
“Department’s” with references to “Entity” or
“Entities” as appropriate.
Amendment No. 84 –
Schedule 2, item 75, page 83 (lines 20 and 21)
This amendment omits a
reference to “Secretary of the Department or the principal officer of the
Commonwealth” and replace it with a reference to “principal officer
of the Entity or the Commonwealth” (authority).
Amendment No. 85
– Schedule 2, item 75, page 83 (line 27)
Amendment No. 86
– Schedule 2, item 75, page 83 (line 32)
Amendment No. 87
– Schedule 2, item 75, page 83 (line 34)
Amendment No. 88
– Schedule 2, item 75, page 84 (line 1)
Amendment No. 89
– Schedule 2, item 75, page 84 (line 5)
Amendment No. 90
– Schedule 2, item 75, page 84 (lines 21 and 22)
Amendment No.
91 – Schedule 2, item 75, page 84 (line 23)
Amendment No. 92
– Schedule 2, item 76, page 85 (line 7)
Amendment No. 93
– Schedule 2, item 77, page 85 (line 18)
Amendment No. 94
– Schedule 2, item 78, page 85 (lines 30 and 31)
Amendment No.
95 – Schedule 2, item 78, page 86 (lines 7 and 8)
Amendment No.
96 – Schedule 2, item 80, page 86 (line 25)
These amendments
replace references to “Department” with references to
“Entity” as appropriate.
Amendment No. 97 –
Schedule 2, items 96 to 99 inclusive, page 90 (line 27) to page 91 (line
4)
This amendment proposes omission of items which have been overtaken by
the changes made to the SRC Act by the regulations made under the PECTA Act.