Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697644705775.pdf (Australia)
1992 THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA HOUSE OF REPRESENTATIVES • ·0\/'.

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA HOUSE OF REPRESENTATIVES SEAFARERS REHABILITATION AND COMPENSATION BILL 1992 EXPLANATORY MEMORANDUM (Circulated by authority of the Minister for Transport and Communications, Senator the Hon.

Bob Collins) ;;;;,'1 36090/92 Cat.

No.


92 5170 5 11111 III I 9 780644 419284 INDEX GENERAL OUTLINE FINANCIAL IMPACT STATEMENT PART 1 - PRELIMINARY Division 1 - Short title and commencement • Short title Commencement Division 2 - Definitions General definitions Employees Employees lost at sea Injuries suffered by employees Injuries etc.
resulting from medical treatment Incapacity for work Injury arising out o~, ,or in the cours~ of, employment P~ovisions rela~ing to diseases Hearing impairment - time when suffered Serious and wilful misconduct Normal weekly earnings Recovery of damages Persons who are wholly or partly dependent.

Ex-nuptial and ad?ptive relationships Persons caring for prescribed children Clause 8' .14 15 16 17 .
;; " Printed by Authority by the Commonwealth Government Printer - 2 - - 3 - Division 3 - Miscellaneous preliminary proviSions Extent of Act Application of Act Act not to apply to CERC Act employees Act binds Crown etc.

Amounts of compensation, Indexation Liability to pay compensation Compensation to be paid in full '25 PART 2 - COMPENSATION Division 1 - Injuries.

property loss or damage.
medical expenses Compensation for injuries Compensation for pr9perty loss or damage " Compensation for medical and related expenses Division 2 - Injuries resulting in-death Co~pensation for injuries resulting in death Compensation in respect of funeral expenses Division 3 - Injuries resulting in incapacity for work Compensation for injuries resulting in incapacity Determination of suitable employment' Co~pensation for injuries resulting in incapacity ,where employee is ,in receipt of ,a super~nnuation pension 26 27 28 29 '30' 31 32 33 Compensation for injuries resulting in incapacity where employee is in ,receipt of, a lump sum benefit Compensation for injuries resulting in incapacity where employee rolled-over part of a lump sum benefit Compensation for injuries resulting in incapacity where the employee rolled-over the whole of a lump s,um benefit Compensation where employee is maintained' in a .
Compensation for ~ncapac~ty not payable, in cepta~n .
hospital cases .. 34 35 36 37 38 , Division 4- - Injuries resulting ... in permanent impairment Compensation for injuries resulting in permanent impairment Interim payment of compensation Compensation for non-economic :,1088; Approved Guide Division 5 - Household and attendant care services Compensation for household services and attendant care services Division 6 ~,Miscellaneous Redemption of compensation Recurrent payments after payment'of lump sum Cancelled determinations ,not to affect certain 'payments of compensation Reduction of compensa~ion in certain cases 39 40 41 42 43 44 45 46 47 - 4 - - 5 - PART 3 - REHABILITATION Approved rehabi~~tation pr~gram provid~rs Assessment of capability of undertaking rehabilitation program" Provision of rehabilitation programs Compensation payable in respect ,of, certain.
alterations etc.

Duty to provide suitable employment PART 4 _ LIABILITIES ARISING APART FROM THIS ACT Interpretation Employee not to have right to bring action in certain damages against employer etc.
for cases Af'tions for damages - electionby'employees Notice of proceedings against third party Notice of proceedings against employer Compensation not paYabl~ if damages recovered Proceedings against third' parties Payment of damages by persons to employer Compensation not payable both under Act and award d .un er,.
PART 5 -' NOTICES AND' CLAIMS Notice of inJ'ury or loss fo , or damage to, property' Claims for compensation Survival of claims Claims may not be made in certain cases Power to require medical examination 48 49 50 52 53 54 55 56 57 58 59 60 62 63 64 65 66 power to request the' provision of information' relevant to claim Certain documents to be supplied on request Neither section 67 nor 68 to affect legal professional privilege Legal professional privilege not to apply to medical reports Bankruptcy etc.
of actual employer Time limit for det~rmining claims relating to the death of an employee Time limit for determining 'liability,for claims relating to injuries to employees other than injuries resulting in death Employer may seek review of Authority's decision Sections 72 to 74 (inclusive)' not to apply to Authority if declaration made under ,section 100 67 68 69 70 71 72 73, 74 75 PART 6 _ RECONSIDERATION OF DETERMINATIONS AND REVIEW OF DECISIONS BY THE ADMINISTRATIVE APPEALS TRIBUNAL Division 1 Definitions Interpretation 76 Division 2 - Reconsideration of determinations by employers Determinations to be notified in writing Reconsiderations of .determinations Time limit for reconsideration of' determinations Employer may seek review of Authority's decision Sections 79 and 80 not to apply to Authority if declaration made under section 100 Industry panel or Comcare to give copy of report to employer to claimant 77 79 80 81 82 - 6 - - 7 - Power to request:.
provision of information relevant to consideration Section 83 not to affect legal professional privilege Legal professional privilege not to apply to medical reports Bankruptcy etc of employer Reviewable decision to be notified in writing Applications to the AAT Division 3 - AAT review of reviewable decisions and extension of time decisions Modified AAT Act to apply Evidence in proceedings before AAT·.
Costs of proceedings before AAT - general Costs of proceedings before AAT - when costs payable by employer PART 7 - COMPULSORY INSURANCE AND'THE FUND Division 1 - Compulsory insurance Compulsory insurance Employer to give details of insurance or indemnity arrangement to Authority Authority may require evidence from employer Division 2 - The Fund The Fund Fund to insure Fund to provide Authority with financial information Minister may revoke approval under section 96 83 84 85 86 87 '88 89 90 91 92 93 94 95.
96 97 98 99 Division 3 - Reserve function of Authority Ministerial.

declaration Effect of Ministerial declaration Authority to insure if declaration made under section 100 PART f!

ADMINISTRATION AND FINANCE Division 1 - Seafarers Rehabilitation and Compensation Authority Establishment Functions Powers Power to obtain information Directions by~inister .

Division 2 - Constitution and Meetings of Authority Authority is body corporate COf;lstitution Appointment"Clf members .
: Term of office Deputies of members Persons acting as Chairperson or Deputy Chairperson Remuneration and-allowan~es Leave of absence Disclosure of interests Resignation Termination of appointment 100 101 102 103 104 105 106 107 108 110 111 112 113 114 115 116 117 118 - 8 - - 9 - Meetings Division 3 - Finance 119 Notice of departure from Australia etc.
Comcare may charge for officer's services provided to employer Disallowable instruments Regulations • Application of Division 3 of part' XI of the Audit Act 120 Money of Authority Estimates of receipts and expenditure Exemption from taxation Borrowings Division 4 Miscellaneous Delegation by Authority 121 122 123 124 125 PART 9 - MISCELLANEOUS Employee to give information about prior employers ,126 ' 140 141 142 143 Determinations to be in writing Shared liability Subrogation of rights of actual employer to"Fund Payment of compensation Employee to notify other employers that compensation" has been paid Recovery of compensation payments Money paid for benefit of person Provisions applicable on death of beneficiary ,- -.,-.-.'
Assignment, set-off or attachment of compensation Recovery of overpayments Employees on compensation leave Double benefits Compensation where State compensation payable 127 128 129 130 131 c 132 133 134 135 136 137 138 139 -'."

I f , - 10 - - 11 - SEAFARERS REHABILITATION AND COMPENSATION BILL 1992 This part also allows the employer to institute or take' over proceedings against a third party.
GENERAL OUTLINE The p:op~sed Seafarers Rehabilitation and Compensation Act 1992 1S 1ntende~ to replace the Seamen's Compensation Act 1911 and estab11sh a new system of compensation for seafarers who are injured in the course of their employment in the maritime industry.
The proposed Seafarers Rehabilitation and Compensation Act ~ implements the Government's decision to reform seafarers compensation along the lines of the Commonwealth Employees' Rehabilitation and Compensation Act 1988. decision was based on the recommendations of Professor Harold Luntz in the Review of Seamen's Compensation.

Review was tabled in Parliament in 1988.


The The Part 1 of the Bill sets out the definitions of principal terms used throughout the Bill and explains the basic concepts on ~hich eligibility for payments would be based.

Generally, Commonwealth Employees' Rehabilitation and Compensation Act 1988.

Additionally, relating to the maritime industry.


the definitions are consistent with those in the there are a number of definitions Part 1 also specifies which persons will be covered by the new scheme, how an employee's normal weekly earnings will be ass~ssed.

introduces tests of entitlement and sets out Part 2 provi~es for compensation for medical expenses, weekly benef1ts for loss of earning capacity and damage to property.
~pl~yers on the death of an employee or for a permanent 1mpa1rment to an employee, resulting from an injury.

It also provides for benefits to be payable by The rehabi~itation provisions in Part 3 require an employer, 1n consultation with an injured employee, arrange for the assessment of the employee's rehabilitation needs and the provision of a suitable rehabilitation program.
An employer will be required to take all reasonable steps to assist in the finding of suitable employment for an employee who is undertaking, or who has completed, a rehabilitation program.

to Part 4 limi~s.t~e circumstances in which an employee will be able to 1n1t1ate proceedings for damages against an employer or fellow employees for injuries arising out of employment.

Part 5 sets out the requirements relating to claims for compensation.
Part 6 sets out the provisions relating to the ' reconsideration and review of disputed ,determinations.

the'employee will be able to require ~he .

If an employee is dissatisfied with an employer's determination, employer to reconsider the, determination.

its determination the employer will be requ1red to obta1n independent advice, either from an officer of comcar7 ~r through an industry panel establish~d.throu~ha cert1f1ed agreement between employers and mar~t1me un10ns.
~n recons1de:1ng If an employee is dissatisfied with a reconsidered determination, Administrative Appeals Tribunal employer'S determination after the reconsideration process.

the employee will be able to app~y to the (AAT) for a reV1ew of the Part 7 requires employers to be insured with a~ insu:e: authorised under the Insurance Act 1973 or be 1ndemn1f1ed by a protection and indemnity association which is a member of the International Group of Protection and Indemnity Associations.
The Minister has the pow~r to approve a corporate body (called the Fund) certain industry training courses and seafarers attend1ng Seafarers Engagement Centres as 'part of industry employment arrangements.

Additionally, operate as the "nominal should an employer default on its liabilities to pay compensation because of bankruptcy etc.

the approved Fund would imlUrer" of the affected employees to be the "employer" of persons atte~d1ng .
This part approve a Fund, the Authority also provides that if the Minister does not Fund or the Minister revokes ~heapproval of a seaf~rers Rehabilitation and compensation will have the fund'S functions.

Part 8 establishes the Seafarers Rehabilitation and Compensation Authority and s~ts out its.c~n~t~tution, functions, powers and financ1al respons1b111t1eS.

Part 9 of the Bill contains Miscellaneous Provisions.
- 12 - - 13 - FINANCIAL IMPACT STATEMENT The financial impact of the proposed Seafarers Rehabilitation and Compensation Act 1992 can be broken into three elements: the cost to shipping industry employers; the cost to Government of the day-to-day running of the Seafarers Rehabilitation and Compensation Authority; and the cost to Government if the Authority has to assume the corporate body Fund's employer responsibilities.
Costs to shipping industry employers ~o precise figures are available of the costs to, shipping ~ndustry employers of compensation benefits paid under the Seamen's ComP7nsati~nAct 1911, as currently there is no central or un~form ~ndustry system of accounting for compensation payments.

Australian National Maritime Association estimated that w~rkers compensation costs could amount to 6% of the wages b~ll.
The 1991 Annual' Report of the Workers compensation costs for seafar~rs working in the offshore petroleum sector are not included in these figures but have been separately estimated by the Australian Mines and Metals Association at some 8% of the payroll.

The Bill introduces significantly increased levels of benefits for injured seafarers and their dependants when compared to the benefits under the Seamen's Compensation Act 1911.
J.!0wever, , the rehabilitation measures proposed under the B~ll, together with the limitations placed on access to common law actions, will go a long way towards offsetting these increased costs.

The costs of the services of Comcare, or the alternative industry panel, disputed determination will be met by the relevant employer.
to assist in the reconsideration of a Costs to Government of operating the Seafarers Rehabilitation and Compensation Authority The cost to Government of the new arrangements will be limited to the remuneration payable to the Chairperson and Deputy Chairperson of the Seafarers Rehabilita~ion an~ _ Compensation Auth~rity, the' travel C?sts assoc~ated ~~~h attendance at meetings of the Author~ty and the prov~s~on of administrative support to the Authority by the, Department of Transport and communications.
These costs will amount to an estimated $150,000 per annum and will be, absorbed within the existing ,appropriations of the Department of Transport and Communications.
Costs of ,operating the Seafarers Rehabilitation'and Compensation Authority if it takes over the Fund'S employer functions Should the Authority 'be required to assume the functions,of the Fund, all liabilities and administrative overheads w~ll be recovered'from the industry through a levy on employers, based on each individual employer'S number of employees covered by the arrangements.
Indeed,Comcare has achieved overall cost savings unde';' the Commonwealth'Employees' Rehabilitation and Compensation Act 1988 (CERC Act), compared with the Compensation !commonwealth,Government Employees) Act'1971.

Significant lmprovements 10 early return to work rates have been achieved and the number of incapacity cases lasting beyond ~our weeks has been halved, attributed largely to the ~ntroduction of comprehensive case management rehabilitation pr'ograms. '
' ' Shipping industry employers will have similar opportunities to make significant 'savings in the benefits paid under the proposed Act.

l - 14 - - 15 - SEAFARERS REHABILITATION AND COMPENSATION BILL 1992" PART 1 - PRELIMINARY Division 1 - Short title and commencement Clause 1: Short title This clausepr9vides that the proposed Act may be cited as the Seafarers Rehabilitation and Compensation Act 1992.
Clause 2: Commencement This clause provides for the date of, commencement of the clauses in the proposed Act.

Clauses 1, 2, 3 and Part 8 will come into operation on the day on which the proposed"Act receives Royal Assent.

The remaining provisions of the proposed Act will come into operation on a day or days to be fixed by Proclamation.

However, if there are any provisions that have not commenced within the period of six months after Royal Assent, that period.
those provisibnswillcommence on the day following Division 2 - Definitions Clause 3: General definitions Clause 3 contains the in the proposed Act.

clause include: principal definitions of terms used Important ,terms defined in this lIattendant care services" which is defined to mean services (other than household services, medical or surgical services or nursing care) that are required for the essential and regular personal care of the- employee.
services would include bathing, grooming, assistance with eating and drinking, preparing and caring for artificial aids and appliances and helping with exercise.

These "compensation leave" which is defined to mean any period during which an employee is absent from work as a result of an incapacity for which compensation is payable.
IIdefault event" which is 'defined 'to mean any circumstances through which an employer is unable to meet its responsibilities and liabilities under the proposed'Act, ego through bankruptcy Or insolvency.

"diseasell which is defined to mean any physical or mental ailment, disorder, defect or morbid condition" whetr:er of sudden onset or gradual development, suffered by ~n .

employee, recurrence of which was contributed to 10 a mater1al degree: by the employee's ~mployment.
the contraction, aggravation, ,accelerat7on or "household services II which is defined to mean se'rvices 'of a domestic nature and gardening s~rvices that are requir7d for the proper running and maintenance of an employee s household.

such as cooking, house cleaning, laundry II impairment II which is defined to mean the loss, the use or the damage or malfunction, of any part of the body or'of the whole or part of any bodily system or function.
the loss of "injuryll, which is defined to mean a disease or in~ury arising out of "or in the courSe of emplo~ent, be~ng a physical or mental injury,o~ the aggravat70~, ,accelerat~on or recurrence of such an ~n]ury.

The ~ef7n~~~on of "injury" excludes the ill-effects of d~sc~p.l~nary act~on taken against the employee or the ill-effects of the failure of the employee to obtain a promotion, other employment-related benefit.

transfer or , .

Tlnon-economic loss'll which is defined ~omean, in.
rel~tion to an employee who has suffered an inJUry re~ult~ng ~n an impairment, a loss" or .damage of a non-econom~c na-~ure.

(including pain and sUffer~n~, a loss.of eXP~ctat70n of life or a loss of the amen~t~es or enJoyment of l~fe) resultingfron\ that injury or impairment."

.
"place of residence II 'which is defined to mean a place in Australia where the employee norma~ly resides, ?r resides temporarily (as a matter of necess~ty or conven~ence for the pUrPoses of his or her employment), or any other place in Australia where the employee stays or intends to stay (providing the journey to this.p~acedo,:s,not overnight substantially increase ~he risk of su~ta~n~ng an ~nJury when compared with the Journey from h~s or her place of work to the place in Australia where the employee normally resides or resides temporarily) .
; - 16 - - 17 - "place of workII which is defined to mean any place the employee is required to:attend for the purpose of carrying out employment duties,'including the prescribed ship on which the employee is employed or engaged, or a ship on which a trainee is required to train as part of an approved industry training course.

"prescribed ship" which is defined to mean a ship to.which.
Part II of the Navigation Act 1912 applies., off-shore industry vessel in relation to which a declaration under subsection 8A(2) of the Navigation.

Act 1912 is in force, or a trading ship in relation to which a declaration under subsection 8AA(2) of the Navigation Act 1912 is in force.

including an "rehabilitation program" which is defined to include medical, dental, psychiatric and hospital services, physical·training and exercise, occupational vocational training.

.
.

therapy and "seafarer" which is defined to include any 'person employed.

or engaged in any capacity on a prescribed ship, on the.
business of the ship, other than a pilot, a person temporarily employed on the ship in port, or a person included in the class of persons defined as ~'special For personnel"'·in section 283 of the Navigation Act 1912. this purpose, , the master and crew functions associated ,with the operation of the ship, attention to the needs of passengers 'and the day-to-day maintenance of the ship at sea.. the business of the, ship essentially means: ,the _navigation, propulsion, catering,.-.

: ie.

.
: ie.

.

Special' personnel are persons employed in capacities, other than as members of the crew, on special purpose ships (ie.

ships which have a purpose other than purposes related to the carriage of passengers or cargo or the provision of .

services to ships or shipping).

purpose ships ar7 research ships and drilling ships; examples of spec~al personnel would be the scientists technicians and drilling personnel on such ships.

Examples of special . '


"suitable employment" which is defined to mean any employment (including self-employment) employee is'suited, having regard ,to factors such as· the language and other em!i'loyee's age, sk~lls, the employee's suitability for rehabilitation or vocational training, other relevant matter.
the location of the employment.and any for which the .experience, training, llsuperannuation amount" which is defined to mean an amount of weekly pension or lump sum benefit received by an employee, being a, benefit under a superannuation scheme arising from contributions to the superannuation scheme' made by maritime industry employers.

II trainee II which is defined to mean any seafarer (or person about to enter the maritime industry) who is undergoing an approved industry training course.
Clause 4: Employees• This clause specifies the persons in relation to whom the proposed Act applies.

identifies an employee as being a seafarer, Subclause 4(1) a trainee, or a person who is normally employed,as a seafarer and.

is attending a Seafarers Engagement Centre under an award obligation for the,purpose of registering availability for employment or engagement on a prescribed ship.
Subclause 4(2) provides that a trainee or a person attending a Seafarers Engagement Centre will be taken to be employed by the Fund (see clause 96).

The employment of a trainee will be taken to be constituted by his or her attendance at an approved industry training course; Engagement Centre will be taken to be constituted by his or her attendance at a Centre, as required under a relevant award provision.
the employment of a person attending a Seafarers Subclause 4(3) provides that the Fund will become the employer of the seafarer (ie.

act as the "nominal insurer ll if a default event occurs in relation to the employer of a seafarer. )

Clause 5: Employees lost at sea The purpose of this clause is to expedite the payment of compensation to dependants of seafarers on a ship that is presumed to have been lost at sea with all hands.
Subclauses 5(1) and (3) provide that i f it is established that a ship has not been heard of for at least three months, hands immediately after it was last heard of.

the ship will be taken to have been lost with all - 18 - - 19 - Subclause 5(2) provides that a copy of an agreement, list of employees on the ship or a document showing changes in the employees on the ship will be sufficient proof that th~ employees named in the document were on board at the time the ship was lost contrary) .
(in the absence of proof to the Clause 6: Injuries suffered by employees This clause provides that a reference to an injury in the 'proposed Act will mean an injury for which compensation is payable (unless the contrary intention appears) .

Clause 7: Injuries etc.


resulting from medical treatment Clause 7 provid~s that an 'injury, ailment, disorder, defect or morbid condition suffered as a result of medical treatment will be deemed to be an injury if compensation is payable under the proposed Act in respect of the injury that was treated, and it was reasonable for the employee to have obtained that medical treatment.
Clause 8: Incapacity for work Clause 8 provides that an incapacity for work resulting from a~ injury will be an, incapacity to engage in any work, or an 1ncapac1ty'to engage in work at the same rank or level as the employee was engaged in immediately before the injury happened.

Clause 9: Injury arising out of.

or in the course of.
employment Subclause 9(1) provides that an injury suffered by an employee will also be treated as having arisen out of or in the course of employment if it occurred: as a result of an act of violence that would not have occurred but for the person's employment or the performance of his or her duties or functions as an' employee; if the employee is a seafarer - while'the employee was on board the prescribed ship on which he or she was employed or engaged, or while the employee was temporarily absent from the ship during an ordinary recess in that employment of residence); (and not at his or her place if the employee is a trainee - while the employee was undergoing a prescribed course of training, or was at any other place (other than his or her place of residence) during an ordinary recess in the course of training; while the employee was attending a Seafarers Engagement Centre as required under the relevant award provision for the purpose of registering availability for employment or engagement on a prescribed ship; while the employee was travelling between his or her place of res~dence and place of work; while the employee was travelling between the place where he or she normally resides and another place where he or she resides temporarily, as a matter of necessity or convenience, for the purposes of his or her employment; while the employee was travelling between the place where he or she normally resides and a Seafarers Engagement Centre; , while the employee was travelling between, one place of work and another place of work; while the employee was travelling between his or her place of work or p~ace of residence and a place where an approved industry training course was being conducted; or while the employee was travelling to or from his or, her place of work or residence and another place for the purpose of obtaining a medical certificate or receiving medical treatment in relation to an injury; undergoing a rehabilitation program; receiving a payment of compensation; undergoing a medical examination or rehabilitation assessment; or collecting salary, wages or pay; or while the employee was attending at such a place.
Subclause 9(2) provides that an injury sustained by an employee on a journey will not be regarded as having arisen out of or in the course'of employment if the journey was made by a route that substantially increased the risk of an injury when compared to a more direct route; or·if th~ journey was interrupted in a way that substantially increased the risk of an injury.
Subclause 9(3) provides that an injury sustained at'a place referred to in subclause 9(1), or during an ordinary recess in employment, will not be treated as having arisen out of or in the course of employment if the employee voluntarily and unreasonably submitted to an abnormal risk of injury.
- 20 - - 21 - Clause 10: Provisions relating to diseases This clause de~ails the- circumstances in which a disease suffered by an employee will be taken to have been contributed to in a material degree by the employment.
S~bclause 10(1) provides that the employee's employment wlll be taken to have contributed in a material degree to the contraction'of the disease (unless the contrary' is established) if: an employee has suffered or is suffering from a disease, or the death of an employee results from a disease; the disease is specified by the Minister in writing to be a disease related to employment 'of a specified kind; and an 7m~10Y7e had been .employed or engaged in the marltlme lndustry at any time before the symptoms of the diseases first became apparent.
Subclauses 10(2) and (3) provide that any employment in the ~ritime industry in which an employee has contracted a dlsease or suffered an aggravation of a disease will be taken ItO.

have contributed in a material degree to the contractl0n of the disease, if the incidence of that ~isease\is significantly greater among persons in maritime lndustry employment other types of employment established) .
than it is among persons employed in (unless the contrary is Subclause 10(4) provides that an employee will be taken h~ve contracted a disease or suffered an aggravation of dlsease on the date that he or she first sought medical treatment for the disease, first became incapacitated Or impaired, or died, whichever happens first.
to a Subclause 10(5) provides that the death of an employee will be taken to have resulted from the contraction, 'aggravation or recurrence of a disease if the death would have occurred at a significantly later time, apart from that disease.. S~bclause 10(6) provides that an incapacity or impairment wlll be taken to have resulted from the contraction ~ggr~vation or recurrence of a disease if the incap~city or ~mp~1~e~t would not have occurred; would have occurred at a s7gnl~lcantly later time; or the extent of the incapacity or lmpalrment would have been significantly less from that disease.
apart ' I I Subclause 10(7) provides that a disease will not be taken to be an injury if the employee has at anytime, for purposes connected with his or'her employment, made a wilful and false representation that he or she did not suffer,.

or had not previously suffered, from that.

disease.
disease.

Clause 11: Hearing impairment - time when suffered This clause provides that a hearing impairment suffered by an employee as a result of an injury will be taken to have been suffered on the day on which the employee gave notice of the injury to the employer under clause 62.

• Clause 12: Serious and wilful misconduct This clause provides.
thatan'employee who is under the influence of alcohOl or a drug (other than a drug prescribed for the employee and used in accordance with that prescription) will be taken to behave engaged in serious and wilful misconduct.

Clause 13: Normal weekly earnings This clause provides rules for the calculation of the normal weekly earnings of an employee for the purposes of the proposed Act.
The normal weekly earnings of the employee will form the basis for calculating the amounts of weekly compensation payable to that employee.

Subclause 13(1) provides that an employee's normal weekly earnings will be .the amount payable weekly to the employee byway of salary under the contract of employment that applied to his or,her employment injury happened.
immediately before the Subclause 13·(2) provides that a trainee's normal weekly earnings will be the amount, that would have been payable to the trainee by way of salary under the award, determination, certified agreement ,or contract of employment that, apart from the injury, would have applied.

to his or her employment immediately upon completion of the training course.

Subclause 13(3) provides that the normal weekly earnings of a employee attending a Seafarers.
Engagement Centre will be an amount specified in a certified,agreement.

Subclause 13(4) provides that the'normalweekly earnings of any other employee will be the amount that was payable to the employee by way of salary under the contract of employment that applied to his or her employment immediately before the injury happened.
- 22 - - 23 - Subclause 13 (~)piovide~ ,for the normal weekly earnings' amount to b 7 7ncre~se~ ~f the amount payable to an employee before the 2nJury 2s2ncreased; or· would have increased because of the operation of an award, determination' certified agreement or contract of' employment becau~e the employee: - I reaches a particular age; completes a particular period of service; or receives an 'increment ,in an applicable 'salary range.
Subclause 13(6) provides for the normal weekly earnings amount to be varied if the amount payable to a class of 7mp~oyees to which the 'employee belonged before the injury, ~s ~ncreased or reduced as a result of the operation of a law or the making, alteration or operation of an award.

Clause 14: Recovery of damages This clause provides that an employee or the dependant of a deceased employee will be taken to have recovered damages o~ the date on which those damages were paid.
Clause 15: Persons who are wholly or partly dependent This clause identifies the classes of persons who may be wholly or partially dependent on the employee for 'the purposes of the proposed Act.

Subclause 15(1) provides that a person will be taken to have been wholly or partly dependent on an employee at the date of the employee's death if the 'person would have been so dependent apart from the incapacity of the employee that resulted from the injury.
Subclause 15(2) provides that the spouse and any prescribed children of the, employee will be deemed to have been wholly dependent on the employee if they had been living with the employee immediately before the date of the employee's death. "

- ' Subclause 15(3) provides that a son or daughter who was born alive after the employee's death will be treated as if he or she had been born immediately before the employee's death and was wholly dependent on the employee at the date of death.
However, weekly benefits under subclause 29(5) will not be payable in respect of the child before the child is born. '

Subclause 15(4) provides that, prescribed child is or was dependent on an employee, any amount of family allowance, family allowance supplement, child disability allowance or double orphans' pension payable under the Social Security Act 1991 "will not be taken into account.
in determining whether a ' Clause 16: Ex-nuptial and adoptive relationships This clause provides that ex-nuptial relationships, relationships by adoption, relationships traced through ex nuptial relationships and relationships traced through relationships by adoption will be included in the definitions of "dependant,.
and"prescribed parson ll clause 3. in Clause 17: Persons caring for prescribed children This clause provides that a person who has the care of a prescribed child referred to in subparagraph (b) (iii) of the definition of "prescribed person II be disqualified from being Wholly or mainly maintained by the employee merely because the employee pays the person remuneration for caring for the child.
in clause 3 will not Division 3 - Miscellaneous preliminary provisions Clause 18: Extent of Act This clause provides that the proposed Act will extend to all places outside Australia, Territories.

including the external Clause 19: Application of the Act The primary, although not exclusive, bases This clause ensures that the proposed Act will be within the Commonwealth's legislative powers under the Constitution.
of power are the trade and commerce power, and the Commonwealth's powers to make laws with respect to foreign corporations and trading and financial corporations (Clauses 51(i) and 51 (xX) of the Constitution respectively) .
Subclause 19(1) provides that the proposed Act will apply to the employment of employees on a prescribed ship that is engaged in trade or commerce: between Australia and places outsi~e Australia; among the.States; or - 24 - - 25 - , within a Territory, between a State and a Territory or between two' Territories.
Subclause 19(2) provides ,that the proposed Act will also have the effect it would have' if: a reference to an employer were limited to a reference to a trading corporation formed within the limits of the Commonwealth; and a reference to an employee were limited 'to a -reference to an employee employed by a trading Corporation formed within the limits of the Commonwealth.
Subclause 19 (3) provides that "the proposed Act will also have the effect it would have if: a reference to an employer were limited to a reference to a financial corporation formed within the limits of the Commonwealth; and a reference to an employee were limited to a reference to an employee employed by a financial corporation formed within the limits' Of the Commonwealth.
Subclause 19(4) provides that the proposed Act will also have the effect it would have if: a reference to an employer were limited to a reference to a foreign corporation; and a reference to an employee were limited to a reference , ,to an employee employed by a foreign corporation.
Subclause 19(5) provides that the proposed Act does not apply with respect to: State banking that does hot extend beyond the' limits of the State concerned; or State insurance that does not extend beyond' the limits of the State concerned.

Clause 20: Act not to apply to CERC Act employees This Clause prov~des that the pr?po~ed Act will not apply to a person who 1S an employee w1th1n the meaning of the Commonwealth Employees' Rehabilitation and Compensation Act 19 88 . '

, Clause 21: Act binds Crown etc.


Subclause 21(1) provides that 'the proposed Act will operate to bind the Crown in right of the Commonwealth.

Subclause 21(2) provides that the proposed Act does not permit the Crown to be prosecuted for an offence.
Clause 22: Amounts of compensation' This clause provides that an amount of compensation payable under a provision of the proposed Act will be in addition to an amount payable under any other provision of the proposed Act in respect of that injury (unless the contrary intention appears). '
Clause 23: Indexation • This clause provides for the annual indexation of monetary benefits payable under the proposed Act ih accordance,with increases in the All Groups Consumer Price Index pUbl1shed by the Australian Statistician.

Subclause 23(1) provisions of the proposed Act, be subject to indexation.
lists, by reference to the relevant those benefits which will Clause 24: Liability to pay comp~nsation This clause provides that the liability of an employe: ,to pay compensation to a person under the proposed Act w111 be the liability of the employer to pay such amount of compensation, as that employer determines, who is entitled in accordance with the proposed Act to receive it.
to the person Clause 25: Compensation to be paid in full This clause provides that if an employer's employment has the employer made a material contribution to the injury, must pay the due amount of compensation in full in respect of that injury (irrespective of any possible material contribution to the inj,ury by any other employment) " However, if more than one employment has materially' contributed to the injury, compensation under this clause has the right to obtain appropriate contributions (under clause 128) employer or employers whose employment had materially contributed to the injury.
the employer that pays, from the other - 26 _ - 27 - PART 2 - COMPENSATION Subclauses 28(1) and (2) provide that the employer will be liable to pay the appropriate costs of the medical treatment that was reasonable for the employee to obtain in the circumstances.

Division 1 - Injuries.

property loss or damage.


medical expenses Clause 26: Compensation for injuries This clause pr?v~des that compensation will be payable in :espect of.an ~nJ~ry suffered by an employee Which results ~n death, ~ncapac~ty for work or permanent impairment.

Subclause 26(2) provides that compensation will not be payable for an intentionally self-inflicted injury.
Subclause 26(3) ,p:ovides that compensation will only be p~yable for an ~nJury caused by the serious and wilful ~~sconduct of the employee (other than a self-inflicted ~njury), i~ th7 injury results in the death or serious and permanent ~mpa~rment of the employee.
Clause 27: Compensation for prQperty loss or damage This clause provides for the payment of compensation to an employee who incurs expenditure as a result of an accident that does not result in injury to the employee but causes the loss of, or damage to, artificial limbs, spectacles and other aids and appliances defined as "property" under clause 3. .
Subclauses 27(1) and (2) provide that the amount of compensatio~ payable will be the amount of the expenditure reasonably ~ncurred by the employee in repairing or replacing the property, or payable to a legally qualified medical practitioner or dentist, or to any other qualified person for a consultation, examination or other service reasonably rendered in connection with the repair or replacement of the property.
including any fees or charges paid S~clause 27(3) provides that an employer will not be l~able to pay compensation under this clause if the loss or d~ge is attributable to the employee's serious and wilful ml.sconduct.

Clause 28: Compensation for medical and related expenses This clause provides for the payment of medical expenses in relation to the treatment of an injury suffered by an employee.
if the injury necessitates replacement or repair of an artificial limb or the cost of the medical Subclause 28(3) provides that, the supply, other aid or appliance, will include any fees or charges payable by the employee to a legally qualified medical practitioner or dentist, or to any other qualified person for a consultation, examination or other service reasonably required in connection with the supply, or appliance.. replacement or repair of the artificial limb, aid treatment • Subclause 28(4) provides that compensation in relation to medical expenses is payable: to, or in accordance with the direction of, employee; the to a person who has paid the cost in respect of a deceased employee; or direct to the service provider whose costs have not been paid, and where neither the employee nor the employee's personal legal representative have claimed the compensation.
Subclause 28(5) provides that any amount paid by an employer under 28(4) payable will, of the liability of the employer .

to a person to whom that amount is to the extent of the payment, be a discharge Subclauses 28(6) and (7) provide that, if compensation is treatment, payable for medical liable to reimburse the employee any journey and accommodation costs reasonably incurred in obtaining that medical the employer will also be treatment.
Subclause 28(8) sets out the matters to be taken into account by the employer in determining whether the travelling expenses referred to in subclauses 28(6) and (7) were reasonably incurred.

This provision is inclusive and not exhaustive.


Subclause 28(9) provides that if a person has reasonably incurred expenditure in transporting an injured employee (or, if the employee has died, , employee's body) or similar place or to a mortuary, liable to reimburse that person if the employee or h~s or her legal personal representative has not made a claim for that expenditure.
from the place of the injury to ~ hosp~tal the employer w~ll,be in transporting the - 28 - - 29 - Division 2 - Iniuries resulting in death Clause 29: Compensation for injuriesUresulting in death This clause provides for the payment of compensation to the dependants of an employee if an~injury has resulted in the employee's death.
SUbc~ause 29(2) provides th~t if the employee dies without leav~ng depe~dants, compensation will not be payable other than for med~cal expenses under clause 28, and funeral expenses under clause 30. , ' ~ Subclause 29 (3).provides that if the employee dies leaving dependants who were wholly dependent on the employee at the date of death, ,the amount of compensation payable (other ' t';an compensat~on payable for medical and funeral expenses) w~ll be $151,167.84 (indexed in accordance with clause 23).
Subclause 29(4) provides that if the employee dies leaving only dependants who were partly dependent on the employee at the date of death, ,the amount of compensation payable (other than,compensat~on payable for medical and funeral expenses) w~ll be such amount (not exceeding $151 167.84) as the employer determines, having regard ,to any iosses suffered by those dependants as'a result of the cessation of the employee's earnings. '
' Subclauses 29(5) and (6) provide that compensation at the rate ~f $50.38 per week (indexed) will be payable for the benef~t of each dependent child of a deceased employee.

~ubclause 29(8) provides that, ~s payable under subclauses (3) or (4) two or more dependants, share of the amount payable to ,each dependant, having regard to the lo~ses suffered by those dependants as a resul t of cessat~on of the employee's earnings."
the employer must determine the for the benefit of if an amount of compensation Subclause behalf of determine 29(10) provides that, if claim~ are made on the employer must two or more dependants, all the claims as a single determination.

Clause 30: Compensation in respect of funeral expenses This clause provides for the payment of the funeral expenses of an employee if an injury results in the employee's death. '

Subclause ,30 (2).
Subclause ,30 (2).

provides that the reasonable costs of the f~neral w711 be payable up to a maximum of $1,889.60 (~ndexed ~n accordance with clause 23) .

Subclause 30(3) provides that an amount paid by an employer to the person who carried out the funeral will, extent of the payment, be a discharge of the liability of the employer.
to the Division 3 ~ Injuries resulting in incapacity for work Clause; 31: Compensation for injuries resulting in incapacity This clause provides rules for the calculation of amounts of weekly compensation payable to an employee who is incapacitated fo~ work as a result of an injury, other than an employee to whom clause 33, 34, 35., 36, or 37 applies.
Subclause 31(2) provides that, subject to the provisions of this part ~ (other than clause 31), compensation payable in respect of each of the first 45. weeks of incapacity will be the difference between the .

employee's normal weekly earnings and the amount he or she is able to earn in suitable employment.
the amount of the 'compensation payable under subclause (2) i~ Subclause 31(3) provides that if the employee is a seafarer, payable for each of the first 45 weeks or otherwise) after the date the seafarer is' left on shore at I 'or returned.

to, his or her proper return port.

(whether consecut~ve Subclauses 31(4) and (5) provide the formulae for calculating,the amount of weekly compensation payable after the first 45 weeks of incapacity.
structured so' as to provide incentives to an employee who is able to return to work on a gradual basis.

The amount of compensation payable under these provisions is as follows: The formulae are the amount of compensation payable will be If the employee is not employed during the week in question, an amount equal to 75% of his or her normal weekly earnings, less~the amount (if any) he or she is capable of earning in suitable employment.
If the employee is employed for 25% or less of his or her normal weekly.hours, be an amount which, or she is able to earn during that week in suitable employment, will result in a weekly income equal to 80% of ,his or her normal-weekly earnings.
together with the amount that he the compensation payable will If the employee is employed for more than 25% but not more than 50% of his or her normal weekly hours' the compensation payable ,will be ~he amount re~ired t~ result in a weekly income equ~valent to 85~ of normal weekly earnings.
- 30 - - 31 - If the employee is employed for more than 50% but not more than 75% of his or her normal weekly hours, the, compensation payable will be the amount required to result in a weekly income equivalent to 90% of normal weekly earnings.

If the employee is employed for more,than 75% but less than 100% of his or her normal weekly hours, compensation payable will be the amount required to result in a weekly income equivalent to 95% of normal weekly earnings.
the If the employee is employed for 100% of his or her normal weekly hours, the amount required to result in a weekly income equivalent to 100% of normal weekly earnings.

the compensation payable, will be Subclause 31(13) provides that if two or mor7 prescribed children are prescribed persons w~olly or ma1nly de~endent.

on the employee one will be cons1dered as a prescr1bed person and the ~emainder as prescribed children for the.

purposes of calculating the minimum amount of compensat10n payable.
Subclause 31(14) defines "normal weekly hours" for t~e purposes of computing the "make.up" weekly compensa~10n benefits for an incapacitated employee who has obta1ned work other than on a ship.

an employee will be the normal weekly hours that apply under the award determination or certified agreement applicable to t~e emp~oree's employment.

,If no award, determination or cert1f1ed agreement appl1es, weekly hours will be taken to be 38 hours.
The normal weekly hours of such the normal Subclause 31(6) provides that, for the purposes 'of subclause (5), if an employee is employed or engaged during the whole or any part of a week as a seafarer employee "is to be taken to be employed for 100% of his or her normal weekly hours.
then the Under subclause 31 (7), ,a ceiling is provided for the level, of compensation payable, so that the maximum.amount payable after the first 45 weeks of incapacity will be 150% of the Average Weekly Ordinary Time Earnings of ' Full-time Adults as published from time to time by theAust~alian Statistician. '

Subclause 31(15) states that proper return port has the same meaning as in the Navigation Act 1912.
I I" Clause 32: Determination of suitable employment This clause sets out have regard in determining the amount (if any) that the employee is able to earn in suitable employment.

These factors include: the factors to which the employer must the amount the employee is actually earning; In order to ensure adequate economic support for incapacitated'seafarers on low wages proposed Act.provides a minimum benefit floor below which compensation payments cannot fall.
(eg trainees), the Subclauses 31(8), minimum amount of first 45 weeks of (10) and (11) provide that the (9), weekly compensation payable after the incapacity will be the lesser amount of: $254.46 per week, plus $62.99 per week if ther~ are one or more prescribed persons wholly or,mainly dependent on the employee, and $31.50 per week for each wholly or mainly dependent child; or , ' 90% of the employee's normal weekly earn'ings.
Subclause 31(12) provides that if a prescribed child is also a prescribed person (ie.

over 16 years of age), and is the only prescribed person wholly or mainly dependent on the employee, the calculation of the minimum amount of compensation payable '(but the amount, .of $62.99' would be) .

the amount of $31.50 would not be included in (All accordance with clause 23.)
the above monetary amounts are to be indexed in the amount he or She would be earning if an offer of suitable employment had been accepted by the employee; the amount he or she would be earning in suitable employment if the employee ,had undertaken or completed a rehabilitation program; the amount the employee would be earning if he or she had sought and obtained suitable employment; and any other relevant matter.
Clause 33: Compensation for injuries resulting in incapacity where employee is in receipt of a superannuat10n pension .

This clause provides rules for the calculation of weekly benefits payable to an employee who, injury, retires voluntarily or is.retired from employment after the commencing day and rece1ves a superannuation pension.

·as a result of an The amount of compensation payable in these circumstances will, pursuant to subclause 33(3), be offset by.the sum of: , .
- 32 - - 33 - the employer funded component Of the pension; and the.amount of contributions saved by the employee (through no longer having to contribute to the superannuation scheme) .
Clause 34: incapacity benefit Compensation payable for injuries resulting where employee is in receipt of a'lump sum in This clause and the following two clauses are intended to encou:age th7 preservation of superannuation lump sum benef~ts unt~l.age 65 (when weekly compensation benefits cease), by mak~ng a commensurate reduction in weekly' compensat~on benefits if the employer-funded portion of the lump sum ~s not preserved.·.· Clause 34 covers the situation where none of the s~pera~nuation lump sum is preserved; clause 35 covers the s~tuat~on where.
some o~.

the lump sum is preserve.d;and clause 36 covers the s~tuation where all the lump sum is.

preserved.

Claus7 34 provides rules for the calculation of weekly ~e~ef~ts pa¥able to an employee who, as a result.

of an ~nJury, ret~res voluntarily or is retired from employment after the commencing day; is in receipt ·of a lump: sum superannuation benefit; and who does not roll-over the lump sum benefit into another superannuation scheme or, an approved deposit fund.
Subclause 34(3) provides that the amount of compensation payable in these circumstances will be offset by: the employer funded component of the lump sum amount; and the amount of contributions saved by the employee through no longer having to contribute to the superannuation scheme.
Clause 35: Compensation for injuries resulting in incapacity where employee rolled over part of a lump sum benefit This 7lause prOVides rules for the calculation of weekly ~e~ef~ts pa¥able to an employee who, as a reSUlt of an .. ~nJury, ret~res voluntarily or is retired from employment after the commencing day and who rolls-over part of his or her lump sum superannuation benefit into another superannuation scheme or an approved deposit fund .. Subclause 35(3) provides that the amount of compensation payable in these circumstances will be offset by: such proportion of the employer funded component of the lump sum amount as is not rolled over; and the amount of contributions saved by the employee through no longer having to contribute to the superannuation scheme.
Clause 36: Compensation for injuries resulting in incapacity whe~e employee rolled-over the whole of a lump sum benefit • , This clause pro~ides rules for the calculation of weekly benefits payable to an employee who, as a result of an injury, retires voluntarily or is retired from employment after the commencing day and who rolls-over the whole of his or her lump sum superannuation benefit into another superannuation scheme or an approved deposit fund.
Subclause 36(3) provides that the amount of compensation payable in these circumstances will be reduced only by the amount of contributions saved by the employee through no longer having to contribute to the superannuation scheme.
Clause 37: Compensation where employee is maintained in a hospital This clause provides that if, as a result of an injury, an employee without dependants is maintained in hospi~al, nursing home or similar place for a continuous per~od of the amount of compensation p~yab~e not less than one year, to the employee may be reduced.

However, any reduct~on ~n benefits must ·take into account the present and probable future needs of the employee, and the period he or she ~s likely to be a patient.
payable in any case must be not less than half t~e amount he or she would have received if not maintained ~n a hospital etc.
The amount of weekly Gompensat~on Clause 38: Compensation for incapacity not payable in certain cases This clause provides that weekly compensation benefits will not be payable to an employee who: has attained 65 years of age, unless the employee is 64 years of age or over when the injury occurs, which case benefits will only be payable for a maximum period of 12 monthS, starting on the day on which the injury happened; in / - 34 - - 35 - is in prison in connection with his ·or her conviction for an offence;' or has his or her weekly benefits redeemed by a lump sump under clause 44.
Division 4 - Injuries resulting in permanent impairment Clause 39: Compensation for injuries resulting in permanent impairment This clause and the following three clauses deal with the payment and method of calculation of lump sum benefits to 7mpl~yees who, as a result of an injury, sUffe~ a permanent ~mpa~rment.

.

.
.

.

Subclause 39(2) provides that, for the purpose of determining whether an impairment is permanent, employer must have regard to: the the duration of the impairment; the likelihood of· improvement; whether all reasonable rehabilitative· treatment has been undertaken; and any other relevant matters.
impairment and is satisfied that the impairment Subclause 40(1) provides that if an employer has made a determination that an employee is suffering from a permanent is greater than 10% but has not made a final determination as to the degree of impairment, the employer must, at the request of the employee, make an interim determination as to the degree of impairment and assess an amount of compensation payable to the employee.
Subclause 40(2) provides that the amount of compensation payable will be the same percentage of $100,778.56 as the percentage worked out in the interim determination to express the degr!

'e of permanent impairment of the employee.

Subclause 40(3) will enable a further amount of compensation to be payable if,after the making of an interim determination, degree of impairment to be greater than the degree assessed under the interim determination.
the employer· finally determines the Subclause 40(4) provides that once a final assessment of the degree of permanent further amounts of compensation will be payable in respect of a subsequent increase in the degree of impairment unless the increase is at least 10%.
impairment has been made, no Clause 41: Compensation for non-economic loss (4), (5) and (6) set out the manner in Subclauses 39(3), which the assessment of the amount payable for the permanent specifies that the degree of permanent impairment must be determined under the provisions of the approved Guide (see clause 42) .

impairment is to be made.

Subclause 39(5) Subclauses 39(7) and (8) provide that, subject to ~lause 40, compensation will not be payable to an employee ~f the degree of permanent . "
except if the impairment results from the loss of or ~nJury to, a f~nger or toe.

impairment is less than 10%, , Subclause 39(9) provides that the maximum amount payable under this clause will be $100,778.56 (indexed in accordance with clause 23) .

Clause 40: Interim payment of compensation This clause provides for an interim payment of a lump sum benefit for permanent impairment to be made.
This clause provides for a lump sum benefit to be paid, addition to the amount payable under clause 39, compensate for the non-economic losses (such as pain and suffering, life) suffered by the employee.
reduced life expectancy and loss of amenities of in to Subclause 41(2) provides the formula for working out the amount of compensation: ($18,895.98 x DPI) + ($18,895.98 x DNL) • DPI = Degree of permanent impairment DNL = Degree of non-economic loss where: Degree of permanent impairment is the percentage finally determined under clause 39 to be the degree of permanent impairment; and Degree of non-economic loss is the percentage determined in accordance with the approved Guide to be the degree of non-economic loss suffered by the employee.
These amounts will be indexed in accordance with clause 23.

- 36 - - 37 - Clause 42: Approved Guide This clause provides for the preparation by the Authority of a document to be known as the "Guide to the Assessment of the Degree of Permanent Impainnentll.

The Guide, and any subsequent variation to it must be approved by the Minister (subclauses (2) and '(3».
The Guide and any instrument varying or revoking the Guide must be tabled in each House of Parliament withinl5 sitting days of the Minister receiving' the Guide or instrument from the Authority (subclause (7».

Subclause 42(~) provides that the Guide is to set out.the criteria and m~thods of assessment of impainnent'and non- economic loss.

.

SUb?lause 42(4) provides that assessment, rev~ew of the degree of permanent ~de by an employer or the AAT must be made in accordance w~th the Guide.
impairment of an employee reassessment or .

Subclause 42(6) provides that the Authority must have regard to medical opinion when preparing Or varying the criteria in subclause (~).

, Subclause 42(8) requires the Authority to make publicly available copies of the approved Guide and any approved variations to the Guide.
Division 5 - Househo~d and attendant care services Clause 43: Compensation for household services and attendant care services Subclause 43(~) provides that if, as a result of an an employee reasonably requires household services employer will be liable to pay compensation of such as is reasonable in the cir;~umstances.
injury, the amount Subclause 43(2) provides that the amount payable will be at least 50% of the amount payable by the employee for those services, up to a maximum benefit of $25~.94 per week (indexed in accordance with clause 23) .

Subclause 43(3) sets out the factors which the employer must have regard to in determining what household.

services are reasonably.regu,ired.
These include: the extent to which household services were provided by the employee before the injury, and the employee's residual capacity to perform those services after that date; the number and age of other persons living with the employee and their need for household services; and the extent to which household services were provided by those persons before the inju~y and, having regard to the need to avoid disruption to their employment or other activities, reasonably be expected to provide such services for themselves ~nd the employee after the injury.
the extent to which they might Subclause 43(4) provides that if,as a result of an injury, an employee reasonably requires' attendant care services, the employer will be liable to pay compensation of an amount per week equal to the amount per week payable by the employee.

for those services, up to a maximum benefit of $251.94 per week (indexed in accordance with clause.23).
Subclause 43(5) provides that, attendant care services are reasonably required, employer must have regard to: in determining what the the nature of the employee's injury and the degree to 'which the injury impairs the employee's ability to provide for his or her personal care; the extent to which medical services or nursing care received by the employee provides for his or her essential, and regular personal care; the extent to which it is reasonable to meet any wish by the employee to live outside an institution; the extent to which attendant care services are necessary to enable the employee to undertake or con~inue employme~ti any assessment made in relation:to the rehabilitation of the employee; the extent to which a relative might reasonably be expected to provide those services.
Subclause 43 (6) provides that compensation will" not be payable under subclause(.~) during the firs.t28 days .of incapacity, except on l:he ground of financial, hardship or the need to provide for the adequate supervision of dependent children.

- 38 - - 39 - Subclause 43(7) provides that the benefit will be payable to the employee, if the employee has paid for the services; otherwise the amount will be payable direct to the service provider.
Subclause 43(8) provides that an amount paid by an employer to the service provider will, to the extent of the payment, be a discharge of the liability of the employer to pay for those services.
Division 6 - Miscellaneous Clause 46: Cancelled determinations not to affect certain payments of compensation This clause provides that the employer's liability to make weekly payments will be reinstated if the employer revokes its determination to make a lump sum payment under clause 44, or if that determination is set aside by a tribunal or court by the tribunal or court in making a further determination under which the liability of the employer to make further weekly payments is to be redeemed).
(except' if the determination is set aside • Clause 44: Redemption of compensation Clause 47: Reduction of 'compensation-in certain cases This clause enables an employer to redeem itscliability to make further weekly payments of compensatibn'to an employee by paying'theemployee a lump sum.

Redemption will only be allowed if the amount of weekly payments that would otherwise, be payable is small.
The lump sum Payable, will be worked out using a formula giving a discounted net present value of the future stream of weekly benefits foregone between the time the redemption is made and the employee's 65th birthday.
Subclause 44(1) provides that,if the employer-is liable to make payments of $62.99 (indexed in accordance with clause, 23) or less per week to an employee, and the employer determines, that the degree of the incapacity is unlikely to change, further payments by the payment of a lump sum calculated in accordance with the formula in subclause 44(2).

the employer must redeem,its liability to make Subclause 44(3) enables the Minister to set, or amend, discount rate used in the formula.
the Clause 45: Recurrent payments after'payment of lump sum This clause provides for the reinstatement of weekly payments of compensation after a lump sum payment has been made under clause 44 if the injury subsequently results in the employee being incapacitated to the extent that the employee is unable to engage in suitable employment.
Subclause 45(2), provides that the amount of weekly benefits payable under these circumstances will be the amount that would otherwise'have been payable to the employee under clause 31, 33, 34, 35 or 36, per week that was redeemed under clause 44. less the amount Subclause 47(1) provides that the compensation which the employer will be liable to pay to an employee under clause 31, 33, 34, 35, 36, 37 or 45 in respect of a day will be reduced by any amount that the employer is liable to pay to the employee by way of salary, wages or pay for that day.
Subclause 47(2) excludes from the operation of this clause a day in respect of which the employee would otherwise have been on-paid recreation leave.

compensation amount will be payable, with the recreation' leave being recredited.
-In such circumstances 1 the Subclause 47(3) excludes from the operation of subclause (1) that have already been taken into account in calculating the compensation under clause 31. long service leave payments, and any earnings / - 40 - PART 3 - REHABILITATION Clause 48: -Approved-rehabilitation program providers This clause provides that only rehabilitation program providers approved under section 34 ,of the Commonwealth Employees' Rehabilitation and Compensation Act 1988 will be approved providers for the purpose of the proposed Act.
This provision ensures that ~nly those providers who have met the stringent standards applied by Comcare under section 34 of the Commonwealth Employees' Rehabilitation and Compensation Act 1988 will be able to provide services under the proposed Act.
Clause 49: Assessment of capability of undertaking rehabilitation program This clause provides that the employer must arrange for the assessment ,of the employee's capability to undertake a rehabilitation program if the injury lasts or is expected to last more ,than 28 days.

out by a legally qualified medical practitioner or other suitably qualified person nominated by the employer, or'a panel comprising such persons.
The assessment must be carried Subclause 49(3) provides that the employee may be required, to undergo an examination by the person or panel of persons making the assessment.

Subclauses 49(4) and (5) provide that if an employee fails, without reasonable excuse, assess his or her suitability for rehabilitation, his or her rights to compensation will be suspended.

Compensation will not be payable in respect of the period of suspension.
to undergo an examination to Subclauses 49(6) and (7), provide that the employer must pay the costs of the examination, and the reasonable travelling and accommodation costs incurred by the employee in attending the examination.
requires the person or persons who Subclause 49(8) conducted the examination to give the employer a written assessment' of the employee's capability to undertake rehabilitation specifying, where appropriate, program he or she is considered capable of undertaking and containing such other information as the employer may require, the kind of f - 41,- Clause 50: Provision of rehabilitation programs requires the employer to provide a Subclause 50(1) rehabilitation program to an injured employee if the employee has been assessed as being capable of undertaking such a program under clause 49. consulted on the choice of approved rehabilitation provider and the' arrangements for the provision of an appropriate rehabilitation program.
The employee must be The requirement for the employee to be fully consulted when making arrangements for the provision of rehabilitation is aimed at ensurin~ the full cooperation of the employee in undertaking the rehabilitation program.

Subclause 50(2) provides that the cost of the program will be payable by the employer.
Subclause 50(3) provides that if an employee is undertaking a full-time rehabilitation program, compensation payable will be equal to the amount that would have been payable under clause 31, 33, 34, 35, 36 or 45, as if the employee's incapacity had continued throughout period of the program.
the amount of the If the employee is undertaking a part-time program, amount of weekly compensation payable will be such amount as is determined by the employer, being not less than the amount that would otherwise have been payable under the proposed Act and not more than the amount payable if the employee had been undertaking a full-time program.

This provision will facilitate an employer paying benefits at a higher rate as an encouragement to an employee to persevere with the rehabilitation program.
the Subclause 50(4) provides that an employee who is entitled to receive weekly compensation payments under subclause 50(3) will not be entitled to receive a Rehabilitation Allowance under Part 2.10 of the Social security Act 1991.

Subclauses 50(5) and (6) provide that if an employee fails, without reasonable'excuse, program, his or her rights to compensation will be suspended.

Compensation will not be payable in respect of the period of suspension.
to undertake a rehabilitation Clause 51: Compensation payable in respect of certain alterations etc.

This clause provides that, if the employee is undertaking, or has completed, a rehabilitation program or has been assessed as not being capable of undertaking such a program, compensation will be payable ,to that employee for the cost of any alterations or modifications etc.

reasonably required by the employee.

The alterations or modifications etc.


to which this clause will apply are specified as alterations to the employee's residence or place of work; modifications to a vehicle or article used by the employee; and the provision, replacement and repair of aids and appliances for the use of the employee.
Subclause 51(2) provides that, compensation payable in a particular case, must have regard to: in determining the amount of the employer the likely period during which the alteration, modification, aid or appliance will be required; any difficulties faced .by the employee in gaining access to, or enjoying reasonable freedom_of movement in, his or her place of residence or work; any difficulties faced by the employee in using his or her vehicle and any alternative means of transport available; whether an aid or appliance can be rented; ,if the employee has previously received compensation under this clause and subsequently disposed of his or her residence or vehicle- whether the value of the residence or vehicle was increased as a ,~,result of the alteration-or ,modification; and any other relevant matter.
Subclause 51(3) provides that the compensation will be payable, as appropriate: to, or as directed by, the employee; to a person who paid the cost, before paying for the cost of the alterations etc;; or if the employee died to the person to whom the cost is payable.

Subclause 51(4) provides that an amount paid by an employer to the person to whom the cost is payable will, extent Of the payment, be a discharge of the liability of the employer.
to the Clause 52: Duty to provide suitable employment This clause requires the employer to take all reasonable .

steps to provide suitable employment for an employee who ~s undertaking or has completed'a rehabilitation program, or to assist the employee in finding such employment.

- 43 - c PART 4 - LIABILITIES ARISING APART FROM THIS ACT Clause 53: Interpretation This clause provides for the definition of certain terms used in this Part.
These definitions include provisions that: a reference to an employer includes a reference to a related corporation that owns, manages or is chartering or operates the prescribed ship; and a reference to an employee includes a reference to an employee of a related corporation that is performing , the prescribed ship.
duties on, or in connection with, This 'clause will ensure that an employee cannot avoid the limitations placed on common law actions under clause 54 by pursuing an action against a related corporation (or an employee of a related corporation) .

Clause 54: Employee not to have right to bring action for damages against employer etc.
in certain cases This clause restricts actions or other proceedings for damages by an employee against his or her employer or a fellow employee, employee in the course of employment, or the loss of, or damage to, property used by the employee.

in respect of an injury sustained by the Subclause 54(1) provides that an employee will not have the right.

to bring an action or other proceedings against his or her employer, or a fellow employee, except in accordance with clause 55.
Subclause 54(2) provides that subclause (1) applies whether the injury, commencement of the clause.

loss or damage occurred before or after the Subclause 54(3) provides that subclause (1) does not apply in relation to proceedihgs instituted before the date of commencement of the clause.
Clause 55: Actions for damages - election by employees Subclause 55(1) enables an employee who has an entitlement to compensation under clauses 39, 40 or 41 to elect to institute an action for damages for non-economic loss against his or her employer or a fellow employee.
c 44 - - 45 - Subclauses 55(2) and (3) subclause (1) the employer before any amount of compensation is paid to the employee under clauses 39, 40, or 41. to be irrevocable, and to have been given to require the election under Subclause 55(4) provides that if the employee makes an election, subclause 54(1) will not apply and compensation under clauses 39, 40 or 41 will not be payable in respect of the injury after the date of the election.
Subclause 55(5) limits the amount that a court may award in damages for an action or other proceedings instituted under this clause to an amount not exceeding $138,570.52 (indexed) .

Clause 56: Notice of proceedings against third party This clause requires an employee, or a dependant of a deceased employee, who institutes proceedings against a third party, days of becoming aware that the proceedings have been instituted.
to notify the employee's employer within seven ' A person who fails to comply with this provision will be liable to a penalty of 5 penalty units.

Clause 57: Notice-of proceedings against employer This ,clause requires an employee, or a dependant of a deceased employee, who institutes proceedings against employee's employer or a fellow employee, employer within seven days of becoming aware that the proceedings have been instituted.
to notify the the, (5) and (6) provide that no further Subclauses 58(4), amounts oL compensation will be payable' after the recovery" of damages from a third party, unless the damages were recovered as a,result of proceedings instituted or taken over by the, employer under clause 59; or asa result of proceedings instituted as a result of an election by the employee under clause 55.
Subclause 58(7) provides that the amount of compensation repayable, by a dependant of a deceased-employee' under subclause (3), will not include any amounts of weekly, compensation paiol in'respect of a dependent_child of a deceased employee under subclause 29(5).
Subclause 58(8) provides that if an employee, or a dependant of a deceased employee, satisfies theemployer i that part of the: damages recovered did 'not 'relate to an injury, the amount repayable under this clause will be paid, limited to the amount that did relate to that injury,loss, or damage.

loss or, damage for which compensation had ,been " , Clause 59: Proceedings against ,t.hird parties This clause empowers the employer to institute or,.
takeover proceedings'against a third party, for the, recovery ,of damages in certain circumsta.nces where compensat'ion has' loss, been paid under the proposed Act, and the injury, damage or death occurred in circumstances which appear to create a legal liability ina third person to pay damages'c in respect of that injury or loss etc.

will be' in the"name of the employee or dependant to whom it appears the other party would'be liable.
The proceedings ; A person who fails to comply with this provision will be liable to a penalty of 5 penalty units.

Importantly,.

an employer may only take over or institute, such proceedings: Clause 58: Compensation not payable if damages recovered This clause requires an employee, or the dependant of a deceased employee, recovery of damages from a third party within 28 days of the damages being recovered.
to notify the employee's employer of the A person who fails to comply with this provision will be liable to a penalty of 10 penalty units.

Subclause 58(3) provides that if, before the recovery of damages, compensation had been paid to an employee or the dependant of a deceased employee, will be liable to pay the employer the amount of that compensation or the amount of damages, whichever is the less.
the employee or dependant with the consent of the employee or dependant (subclause 59 (2»; or, if the employee or dependant does not consent, where proceedings 'have not been commenced by the employee 'or ' i' dependant and- the delay _is unreasonable (subclause 59(3)); or ' if the' employee or dependant does not cons,mt:,c:,'where any proceedings which have been commenced by the employee or dependant have not been properly prosecuted (subclause 59(3».
Whether a delay is "unreasonable" is an objective test having regard to all the circumstances.

- 46 - - 47 - Clause 61: Compensation not payable both under Act and under award This clause provides that, if an employee is eligible to receive compensation under the proposed Act and benefits under an award in respect 'of the same injury, he or she must elect which to receive.
An election made by an employee will be irrevocable, but is not binding on his .or her dependants if he or she dies after making the election.

The principle beqind this provision is that the compensation benefits provided.through the proposed Act provide appropriate and equitable levels of support, without the need for recourse to IItop Upll provisions in an award.
the purpose prevents an employee taking Accordingly, advantage of more generous short term benefits under an award provision and then switching to compensation benefits once the award benefits have been exhausted.

Subclause 59(4) provides that any proceedings taken over or instituted by the employer in the name of an employee or dependant must be.

conducted in the interests.


of the person in whose name the proceedings were instituted; .. , For example, an employer could not settle proceedings for an amount which covers its own costs (including the compensation it·has paid) but which is less or is not on terms that a reasonable employee or dependant might accept, if properly advised in all circumstances.

Subclause 59(7) provides that an employer may.

only settle proceedings with the written consent of the employee or dependant.
However, where the employee withholds their consent unreasonably, proceedings.

the employer may also settle the Subclause 59(11) provides that the employer must, after deducting an amount equal to the amounts of compensation paid to the employee or dependant and the costs of the proceedings, pay to the employee or dependant any balance of an award of damages' obtained as a result of proceedings under this clause.

.
.

Subclause 59(12) provides that, if an amount of damages is paid to an employee or dependant under sUbclause 59(11), he or she will not be entitled to further amounts of compensation until such time as the.

amount of compensation' which would otherwise have been payable equals· the amount paid by the employer under 59(11).

Clause 60: Payment of damages by persons to employer This clause establishes a process by which overpayments of compensation by the.

employer can be avoided ..


The clause empowers the employer to require a third party who is liable or who has agreed to pay damages to an employee or dependant in respect of an injury or death for which compensation.

is also payable, direct to the employer rather than to the ~mployee or dependant.

to pay.those damages The employer will be able' to request payment of only such amount of damages as does not exceed the, amount of compensation paid to the employee or dependant.
The clause .also provides that the payment of such damages to theeinployer will discharge, payment, the employee or dependant.

the liability of the third party' to.

pay damages to to the extent of ·that - 48 - - 49 - PART 5 - NOTICES AND CLAIMS Clause 62: Notice of 'injuryor loss of.

or damage to.

property Subclauses 62(1) and (2) provide that the proposed Act will not apply.
in relation to an injury, or loss of or damage to, property used by an employee, unless written notice has been given to the employer.

Such a notice must be given as soon as practicable after the employee becomes aware of the injury, soon as practicable after his or'her death.

if.
if.

the employee·has died, as loss ordamage.or, Subclause 62(3) provides that if the injury or loss of, or damage to, property oqcurred on a prescribed ship, a notice given to the master of the ship is to be taken as having been given to the employer.
Subclause 62(4) provides that, if the notice fails to comply with the requirements of the clause, still be taken to have been properly given if: the notice will the employer would not by reason of the non-compliance be prejudiced: or the non-compliance resulted from the death or absence from Australia of a person, or from ignorance, or.

mistake, or any other reasonable cause.


Clause 63; Claims for compensation Subclause 63(1) provides that compensation will not be payable unless a claim is made in accordance with this clause.

Subclause 63(2) provides that a claim must be made by giving the employer a claim in accordance with a form approved by the Authority and a medical certificate.
A medical certificate will not be required in the case of claims for medical expenses, death benefits and funeral expenses under clauses 28, 29 and 30 respectively.

Subclause 63(2) also requires that the employer must be.

given a notice setting out the name and address of any other employer being claimed against for the injury and the name and address of any other employer whose employment is believed to have made a material contribution to the injury.
A claimant who fails to provide a notice setting out name and address of any other employer claimed against etc.

will be liable to a penalty of 5 penalty points.

the Subclause 63(3) provides that if a claim (other than a claim relating to medical eXpenses,death benefits and funeral expenses) certificate, made until such a certificate is produced.
is not accompanied by a medical the claim will be taken as not having been Subclause 63(4) provides that strict compliance with an approved form will not be required and that substantial compliance will be SUfficient.

Clause 64: Survival of claims • Subclause 64(1) provides that if a person who is entitled to make a claim for compensation .dies without making a claim, representative.

the claim may be made by the person's legal personal . '
Subclause 64(2) provides that a claim will not be affected by the subsequent death of the claimant.

Subclause 64(3) provides that clause 134'will apply to an amount payable under a determination made in respect of a claim referred to in this clause., as if the deceased person had died after the determination was made.

Subclause 64(4) provides that the clause does not apply to claims for compensation for non-economic loss.
Clause 65: Claims may not be made in certain cases This clause provides that once a payment under subclauses 29(3) or (4) has been made to the dependant of a deceased employee, following a claim made by or on behalf of that dependant, no other dependant will be entitled to claim compensation under clause 29.

Clause 66~ Power to require medical examination This clause enables an employer to require an employee who has made a claim for compensation to submit to a medical examination.
Subclauses 66(2) and (3) provide that, if an employee fails without reasonable excuse to undergo a medical examination, his or her rights to compensation and to institute or continue any proceedings will be suspended until the examination takes place.

Compensation will not be payable in respect of the period of suspension.
- 50 - - 51 - Subclauses 66(4) a~d (5) provide that the employer will be liable to pay the costs of the medical examination, and the reasonable travelling and accommodation costs incurred by the employee in attending the examination.

Subclause 66(6) provides that an employee must not be required to submit for a medical examination-at more frequent intervals than are specified by the Minister.
I Clause 67: Power to request the provision of information relevant to claim Thi~ clause enables an employer, if satisfied that a claimant can provide information or a document .relevant to the claim, information or document within 28 days, or within such longer period as the employer may allow.

to request the claimant to provide that Subclause 67(3) provides that, if a claimant fails to comply with such a request, further with the claim until the request is complied with.
the employer may refuse to deal Clause 68: Certain documents to be supplied on request This clause requires an employer to give to the claimant any document held by the employer which is relevant to the claim.

An employer that fails to comply with this provision will be liable to a penalty of 50 penalty units.
Clause 69: Neither section 67 nor 68 to affect legal professional privilege This clause provides that, subject to clause 70, neither clause 67 nor 68 apply to information and documents which are subject to legal professional privilege.

Clause 70: Legal professional privilege not to apply to medical· reports The clause provides that legal professional privilege will not apply t9 a medical report relevant to an injury in respect of which the employee is claiming compensation.

Clause 71: Bankruptcy etc.


of actual employer Subclause 71(1) provides that if the Fund has become the employer of the employee because of the operation of subclause 4(3) is to provide the· Fund with either a copy of any notices given to.

the defaulting employer or new notices in respect of the claim.
in relation to a default event, the claimant The time limits applicable under clause 72 or 73 for determining a claim will apply to the Fund from the time the Fund receives the copy of the notices, or new notic~s, as appropriate.

Subclause 71(2) ~rovides that if the defaulting employer had requested the claimant to provide information under clause 67 and the claimant had not provided that information to the employer, provided to the Fund.
the information is to be Clause 72: Time limit for determining claims relating to the death of an employee This clause sets time limits for the employer to determine a claim for compensation if an employee has died as a result of an injury.
Subclause 72(1) provides that the employer must determine the claim by whichever is the later of the following times: within 60 days after receiving the claim; if the employer has, within the original 60 day period, information under clause 67 - within 60 days of the employer receiving that information; or requested the claimant to provide further if, at the request of the employer within the original 60 day period, period to the employer to make its determination - at the end of the longer period.
the Authority has granted a longer Subclause 72 (2) provides that an employer that fails to comply with this provision will be taken to have rejected the claim.

Subclause 72(3) provides that a request by an employer to the Authority for an extension of time to make a determination must state fully and in detail the circumstances concerning, and the reasons_for, the request.

This clause sets out should a "default event" occur, unable to meet its liabilities to pay compensation to an injured employee.
the arrangements for handling a claim ie.

if an employer is - 52 - - 53 - Clause 75: Sections 72 to 74 (inclusive) not to apply to Authority if declaration made under section 100 This clause provides that if, by a Ministerial declaration under section 100, functions, powers and obligations, clauses 72 to 74 (inclusive) will not apply to the Authority.
the Authority has the Fund's employer • Clause 73: Time limit for determining liability for claims relating to injuries to employees other than injuries resulting in death This clause sets time limits for an employer to determine its liability in relation to a claim for compensation for an injury to an employee.
Subclause 73(1) provides that the employer must determine its liability by whichever is the later of the following times: within 12 days after receiving the claim; if the employer has, within the original 12 day period, information under clause 67 - within 12 days of the employer receiving that information; or requested the claimant to provide further if, at the request of the employer within the original 12 day period, period to the employer to make its determination - at the end of the longer period.
the Authority has granted a longer Subclause 73(2) provides that an employer that fails to comply with this provision will be taken to have rejected the claim.

Subclause 73(3) provides that if the injury has resulted in an incapacity for work compensation will be payable in respect of the claim from the date liability arose under clause 31. impairment, compensation will be payable in Subclause 73(4) provides that if the injury has resulted in a permanent accordance with clause 39 or 40.
This means that although the employer is required to determine its liability within 12 days under 73(1» conditions of clause 39 or 40 are satisfied.

(or such longer period as the Authority allows compensation would not be payable until the Subclause 73(5) provides that a request by an employer to the Authority for an extension of time to make a determination must state fully and in detail the circumstances concerning, and the reasons for, the request.
Clause 74: Employer may seek review of Authority's decision This clause provides that if an employer is dissatisfied with the Authority's decision in response to a request for an extension of the time limits, the employer may apply to the AAT for a review of the decision.
- 54 - - 55 - PART 6 - RECONSIDERATION OF DETERMINATIONS AND REVIEW OF DECISIONS BY THE ADMINISTRATIVE APPEALS TRIBUNAL Division 1 - Definitions Clause 76: Interpretation This clause provides for the definition of certain terms used in this Part and identifies those provisions of the proposed Act containing determinations which will be subject to reconsideration and review under this Part.
Clause number Determination 13 26 27 28 29 30 31 33 34 35 36 Normal weekly earnings Compensation for injuries Compensation for property loss or damage Compensation for medical and related expenses Compensation for injuries resulting in death Compensation in respect of funeral expenses Compensation for injuries resulting in incapacity Compensation for injuries resulting in incapacity where employee is in receipt of a superannuation pension Compensation for injuries resulting in incapacity where employee is in receipt of a lump sum benefit Compensation for injuries resulting in incapacity where employee rolled-over part of a lump sum benefit Compensation for injuries resulting in incapacity where the employee rolled-over the whole of a lump sum benefit Clause number Determination 37 39 40 41 43 44 45 49 50 51 66 126 Comp~nsation where employee is-maintained in a hospital Compensation for injurie~ resulting in permanent impairment Interim payment for compensation Compensation for non-economic loss C~mpensation' for household services and attendant care services Redemption of compensation_ Recurrent payments after payment of lump sum Assessment of; Capability o'f' undertaking rehabilitation program Provision of rehabilitation programs Compensation payable in respect of certain al terations etc. '
Power to require medical examination' Refusal to deal with claim (Employee to give information about prior employers) Division 2 - Reconsideration of deter.minations by empl~yers Clause 77: Determinations to be notified in writing This' clause requires the employer, as soon as practicable after a determination has been made, claimant with a written notice setting 6uttheterms of the deter:mination, statement to the effect that the claimant,'may request determination to be reconsidered under subclause 78(2).
the'"reasons for, the deter:mil1ation and a" to provide the, the Subclause 77(2) exempts from this requirement a determinat:i'on by an employer under 'subclause 28(1) full costs of medical payable to a person other than the employee.

that the treatment obtained by an employee are - 56 - - 57 - Clause 78: Reconsiderations of determinations Subclause 78(1) provides that an employer may, on its own initiative., reconsider a de,termination"; whether or not the determination is, or has been, AAT.
the subject of review by the Subclause 78(2) provides that a claimant will be able to request an employer to reconsider its determination.

the reasons for the request and be given to Subclause 78(3) provides that a request for reconsideration must set out the employer within 30 days of the day on which the determination first came to the notice of the claimant, or within such further period of time as the employer may allow.
Subclauses 78(4) and (5) provide that, on receipt of a request for the reconsideration.

of a determination, employer, if a party to a certified agreement that relates to industry panels, must arrange for an industry panel to assist the employer in reconsidering its determination.

the employer is not party to a"certified agreement, the employer must arrange for a Comcare officer to assist in the reconsideration of the determination.
the If Subclause, 78(6) proyides that afte~ reconsidering its determination, revoking or varying the determination as the employer thinks fit.

the employer must,rna~e a decision affirming, Clause 79: Time limit for reconsideration of determinations This clause sets time limits for an employer to reconsider its determination.
Sllbcl~ll"e 79(1) provides that the employer must reconsider a request by whichever is the later of the following times: within 35 days after receiving the request; , if the employer has, within the original 35 day period, information,under clause 83 - within 35 days of t,he employer receiving that information; or, requested' the claimant to, provide further, if, at the request of the empl.oyer ,within.the original 35 day period, period to the employer to make its determination- ,at the end of the longer period.
the Authority has granted a ,longer Subclause 79(2) provides that an employer that fails to comply with this provision will be taken to have rejected the claim.

Subclause 79(3) ,provides that a request by an employer to the Authority for an extension of time to reconsider a determination must state fully and in detail the circumstances concerning, and the ,reasons for, 'the request.
Clause 80: Employer may ~eek review of Authority's decision This clause'provides that an employer, if dissatisfied with a decision of the Authority in relation to the employer's request for: an extension of time·tq reconsider a determination, may apply to the AAT for a review of the Authority'S dec~sion.
Clause 81: Sections 79 and 80 not to apply to Authority if declaration made under section 100 This clause provides that ifi by ,a Ministerial declaration under clause 100, functions, powers and obligations, clauses 79 and 80 will not apply to the Authority.
the Authority has the Fund's employer Clause 82: Industry panel or Comcare to give copy of report to employer to ,claimant ,This clause provides that the industry panel or Comcare, as the case requires, must give the claimant a copy of any report it gives to an employer in relation to the reconsideration of a determination.
Clause 83: Power to request the provision of information relevant to reconsideration This clause enables an employer, if satisfied that a claimant seeking a reconsideration of a determination can provide information or a document relevant to the claim, request document within 28 days, or within such longer period as the employer may allow.
the claimant to provide that information or to Subclause 83(3) provides that, if a claimant fails to comply with such a request, further with the claim until the request is complied with.

the employer may refuse to deal Clause 84: Section 83 not to affect legal professional privilege This clause provides that, subject to clause 85, clause 83 does not affect legal professional privilege.
- 58 - - 59 - Clause 85: Legal professional privilege not to apply to medical reports Division 3 - AAT review of reviewable decisions and extension of time decisions The clause provides that legal professional privilege will not'apply to a medical report relevant to an injury in respect of which the employee is claiming compensation.

Clause 86: Bankruptcy etc.


of employer This clause sets out the arrangements for handling the reconsideration of a ,claim should a "default event" (ie .. an employer unable to meet its liabilities) occur during the reconsideration process.
Subclause 86(1) provides that if the Fund has become the employer of the employee because of the operation of subclause 4(3) is to provide the Fund with'either a copy.of the notice given to the defaulting employer requesting the reconsideration of a determination or a new notice requesting a reconsideration.
in relation to a default event, the claimant The time limits applicable under clause 72 or 73 for determining a claim will apply .to.the Fund from the time it receives the copy of the notice, or a new ndtice, as appropriate.

Subclause 86(2) provides that if the defaulting employer had requested the claimant to provide information under clause 83 and the claimant had not provided that information to the employer, provided to the Fund.
the information is to be Clause 87: Reviewable decision to be notified in writing This clause requirescthe employer, as soon as practicable after a determination has been -reconsi~ered, to serve on the claimant a notice setting out the terms of the reviewable decision, statement to the effect that the claimant may apply to the AAT, to have the decision reviewed.
the reasons for the decision and -a' Clause 88: Applications to the AAT This clause enables an application to be made to the AAT for the review of a determination which has been.

reconsidered by the employer.

Such an application may only be made by the claimant.

I I I I; Clause 89: Modified AAT Act to apply This clause makes certain modifications to the Administrative Appeals Tribunal Act 1975.
Subclause 89(3) modifies subsection 29(2) of the Administrative Appeals Tribunal Act 1975 to enable an application for review to be lodged within 60 days (rather than 28 days) of the claimant being made aware of the reviewable decis~on.

Subclause 89(4) provides that if the Fund takes over from the employer because a default event has arisen during the AAT review process, not begin proceedings, for twenty-eight days.
the AAT is to adjourn proceedings, or Clause 90: Evidence in proceedings before the AAT This clause provides that unless a claimant discloses to the AAT at least 28 days before the date of the hearing a matter which he or she intends to adduce, not be admissible without leave of the AAT.
that matter will Subclause 90(2) provides that if an employer has given the claimant a notice requesting that a document or informa~ion be provided and the claimant has failed to comply with that notice, that document or information will not be admissible without leave of the AAT.
Subclause 90(3) provides that leave will not be granted unless the claimant provides a statement of reasons why he or she failed to comply with the notice, arid the AAT is satisfied that there are special circumstances justifying its admission.

Clause 91: Costs of proceedings before AAT - general Subclause 91(1) provides that, subject to the remaining provisions of the clause, costs incurred in-relation to proceedings before thecAAT will be borne by the party that incurred those costs.
Subclause 91(2) provides that, if proceedings before the AAT are aborted because a determination has been reconsidered under subclause 78(1), reimburse the claimant for costs reasonably incurred in relation to those proceedings.
the employer will - 60 - - 61- Subclauses 91(3) and (4) provide that, if the employer had, pursuant to clause 67 or 83, provide information or a document and the claimant nad failed to comply with that request, be liable to reimburse the claimant for costs if the employer is satisfied that a more favourable determination or redetermination would have been made had the information or document been provided.
requested a claimant to the employer will not By subclause 91 (6) , .a decision to deny costs under subclauses (3) or (4) will itself be capable of review by the AAT.

Clause 92: Costs of proceedings before AAT - when costs payable by employer Subclause 92(1) provides that, if the AAT makes a decision varying or setting aside a reviewable decision and making a the AAT may order decision more favourable to the claimant, that the claimant's costs be paid by the employer.
Subclause 92(2) provides that, if the AAT sets aside a reviewable decision and remits the case for redetermination by the employer, costs be paid by the employer.

the AAT must order that the claimant's Subclause 92(3) provides that neither subclause 92(1) nor 92(2) authorises the AAT to order that an employer is to pay' any costs incurred by a claimant in relation to an application for an extension of time for applying to the AAT for a review of a reviewable decision.
Subclauses 92(4) and 92(5) provide that the AAT must not order ~he employer to pay a claimant's costs if the AAT is satisfied that the claimant had.

failed to comply with a request for information or a document made under clause 67 or clause 83 and that the employer would have made a more favourable determination had the information or document been provided.
Subclause 92(6) provides that the AAT may enforce the payment of a claimant's costs awarded against an employer in the absence of agreement between the parties.

PART 7 - COMPULSORY INSURANCE AND THE FUND Division 1, Compulsory Insurance Clause 93: Compulsory Insurance This clause requires, any employer,: other than the Fund, be insured by an insurer authorised under the Insurance Act 1973,. or indemnified bya protection and indemnity association that pas been approved by.
the Authority and is a member of the International Group of Protection and Indemnity Associations.

to An employer that fails to.

comply with this provision will be liable to a penaltynf '50 penalty points.

Subclause 93(2) provides that the employer may arrange with the insurer or protection and indemnity association for ·the employer to be liable for an amount of excess or deductible in.respect of-a claim or claims.
Subclause 93(:3J- provides that an employer applying to an authorised insurer must provide full details of salaries or wages paid to employees relevant to the working out of the premium payable under the policy.

Clause 94: Employer to give details of insurance or indemnity arrangements to Authority This clause.

provides that an employer must.

give the Authority the name and address of the authorised-insurer 'or approved protection and indemnity association within 14 days of being issued with,.
or· renewing, a pol'icy 'of insurance or indemnity or, becoming a member of, or renewing membership of, a protection and indemnity association.

An employer.

that fails to .comply With' .this provision will be liable to a penalty of 20 penalty units.
Clause 95: Authority may require evidence from employer, Under this clause the Authority may require the employer to provide evidence of the policy of insurance or indemnity, or membership of a protection and indemnity association, as required under clause 93.

An employer that fails to comply with this provision will be liable to a penalty of 20 penalty units.
/ - 62 - - 63 - Division 3 - Reserve function of Authority Clause 100: Ministerfaldeclaration This clause provides that the Minister by a Gazette notice, may d7clare the Authority to have the Fund's employer funct1ons, powers and obligations if the Minister: has not approved a body corporate to be the Fund under clause 96; or has revoked the approval under clause '100.
Clause 101: Effect of Ministerial declaration • This clause provides that if the Minister has made a d,sclaration under·clause ,100, clauses 71, 86 and 1,29 and subclauses 4(2)', 4(3) and 89(4)' are to apply as if the references were references to the Authority references to, the Fund in Clause 102: Authority to insure if declaration made under section 100 This clause provides that, if the Authority has assumed the Fund's employer functions, powers and obligations under clause 100, Ilcata13trophic events lI Authority to insure the amount of its liability that exceeds $1,000,000 for a single event which results in an injury to one'or more employees.
the Authority must take out insurance to cover The provision re~ires- the· • Division 2 - The Fund Clause 96: The Fund This clause provides that the Minister may approve a body corporate to be the Fund for the purposes of the proposed Act if the Minister is satisfied that: its participants represent not less than 80% of seafarer berths on prescribed ships; the body corporate has the management and resources ,to expeditiously process and determine claims and to' develop and'manage rehabilitation plans; and subject to clause 97 the body corporate has access to sufficient funds to enable the prompt settlement of its liabilities arising under the proposed Act.
Clause 97: Fund to insure This clause provides that the Fund must take out to cover II_catastrophic events ".

Fund to insure the amount of its liability that exceeds $1,000,000 for a single event which results in an injury to one or more employees.

The provision requires the insurance Clause 98: Fund to provide Authority with financial information This clause provides that the Fund must provide the Authority with financial Authority ,determines.
information, as and when the If the Fund fails to comply with this provision it will be liable to a penalty of 20 penalty units.

Clause 99: Minister may revoke approval-under section 96 This clause provides that the Minister may revoke approval of the Fund on the application of the body corporate approved under clause 96, or if the Minister thinks 'any of the conditions of clause 96 are no longer satisfied or if the Minister ,is satisfied that!

the Fund has not complied with the.


insurance, requirements under clause 97. f f I,, [ l i I I I !I l I PART 8 - ADMINISTRATION AND FINANCE Division l' - Seafarers Rehabilitation and Compensation Authority Clause ,103: Establishment This clause provides for the establishment of the Seafarers Rehabilitation and Compensation Authority.
Clause 104: Functions This clause provides that, functions vested in the Authority'elsewhere in the proposed Act, the functions, of the Authority are as follows: in addition to specific (a) (b) (c) (d) (e) to monitor the operation of the proposed Act; to promote high operational standards of claims management and effective rehabilitation procedures by employers; 'to co-operate with other bodies or persons with the' aim of reducing the inci"dence,of injury to employees;'" to publish material relating'to any of the functions referred to in paragraphs (a) , (b) and' Cc} i to advise the Minister about anything relating to the Authority's functions and powers and other matters relating to the compensation and rehabilitation of employees.
Clause 105: Powers This clause provides that the Authority will have the power to do all things necessary or convenient to be done for, or in conne~tion with, the performance of its functions.

Clause 106: Power to obtain information Subclause 106(1) enables the Authority to require employers to provide documents or information relevant to the compilation of statistics for injury prevention purposes.
- 65 - Subclause 106(2) provides that if a declaration has been made under clause 100 that the Authority has the Fund's employer functions, powers and obligations, may require an employer to provide any documents or information in the employer's possession or control that are relevant to a claim made by, or in relation to, an employee.

the Authority If employer who contravenes either provision will be liable to a penalty of 20 penalty units.
Clause 107: Directions by Minister • Subclause 107(1) enables the Minister 'to give directions to the Authority with respect to the performance of its functions or the exercise of its powers.

Subclause 107(2) provides that the Minister is not to give directions in relation to a particular case.

Subclause 107(3) provides that the Authority must comply with a direction given under subclause (1).
Division 2 - Constitution and Meetings of Authority Clause 108: Authority is body corporate This clause describes the Authority as a body corporate with perpetual succession which will have a seal.

The Authority will be able to acquire, hold and dispose of property and sue or be sued in its corporate name.

Subclause 108(3) directs that all courts and judges must take judicial notice of the Authority's seal on a document and must presume that the seal was duly affixed.
Clause 109: Constitution This clause provides that the Authority will consist of six members representing employers and two,members representing employees.

- a Chairperson, a Deputy 'Chairperson; two members Clause 110: Appointment of members This clause provides for the appointment of the members of the Authority by the Minister.

- 66 - - 67 - Subclauses.


110(2) and (3) provide that the members representing employers and employees must be appointed on the nomination, of organisations considered by the Minister to represent the interests of employers and employees respectively.

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Subclause 110(4) provides that a member is to hold office on a part-time basis.

Clause 111: Term of office This clause provides that the Chairperson and Deputy Chairperson are to hold office for a term not exceeding 5 years.
Other members are to hold office for a term not exceeding 3 years.

All members.

will be eligible for re- .

appointment.

Clause· 112: Deputies of members This clause provides that a member may, with the approval of the Minister, appoint a deputy who will be entitled, the absence of the member who appointed him or her, to attend meetings of the Authority.

At such meetings, deputy will be.

taken to be the member.


the in Subclause 115(2) provides that the Chairperson may grant other members leave of absence from meetings.

Clause 116: Disclosure of interests This clause requires a member to disclose to the Authority any direct or indirect pecuniary interest in a matter being considered or about to be considered by the Authority.

That member must take no further part in any decision.or deliberation in relation to the matter in question without the consent of.

the Minister .or· the Authority.


Subclause 1i6(3).provides that the member who has made the disclosure must not take part in the deliberation by the Authority concerning the propriety of his or her participating, or continuing to· participate, consideration of the matter in question.

in the Clause 117: Resignation This clause enables a member of the Authority to resign by delivering a signed notice of resignation to the Minister.
Clause 118: Termination of appointment Clause 113: Persons acting as Chairperson or Deputy Chairperson This clause sets out the circumstances in which the Minister may terminate the appointment of a member.

This clause provides that the Minister may appoint a person to act as the Chairperson or Deputy Chairperson during a vacancy in the office of Chairperson or Deputy Chairperson, or during any period that the Chairperson or Deputy Chairperson is absent.
Clause 114: Remuneration and allowances This clause provides that, subject to the Remuneration Tribunal Act 1973, the remuneration of .the Chairperson and Deputy Chairperson but, if no determination is in operation, such remuneration and allowances as are prescribed.

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the Remuneration Tribunal will determine they will be paid Subclause 114(2) provides that members and deputies of members will be paid such allowances as are prescribed.
Clause 115: Leave of absence This clause provides that the Minister may grant Chairperson leave of absence from meetings of the Authority.

the Subclause 118(1) provides that the Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.
Subclause 118 (2) .provides that the Minister must the appointment of a member in circumstances relating to the member's bankruptcy, unauthoris~d absences, disclose a pecuniary interest under clause 116 or (if the member was nominated by an organisation representing employers or employees) on the written request of the organisation that ·nominated the member.

terminate failure to Clause 119: Meetings This clause directs the Authority to hold meetings as necessary but at least once every three months.
clause also sets out the procedures to be followed meetings.

as often The at such - 68 - - 69 - Clause 124: Borrowings This clause allows the Authority to borrow money only from the Commonwealth, and only on such terms and conditions as the Treasurer specifies.
Division 4 - Miscellaneous Clause 125: Delegation by Authority This clause enables the Authority to delegate all or any of its powers and, f~nctions to a person who holds, or performs the duties of a Senior Executive Office or a Senior Officer Grade A, B or C in the Department.

Division 3 - Finance Clause 120: Application of Division 3 of Part XI of the Audit Act This clause provides that the Authority will be a public authority to which Division 3 of Part XI of the Audit Act 1901 applies.
Authority to submit its first annual report on its operations as soon as practicable after 30 June 1993.

Subclause 120(2) requires the By subclause 120(3), include particulars in its annual report of each direction given by the Minister under clause 107. the Authority will be required to Clause 121: Money of Authority This clause provides for the payment to the Authority of such money as is appropriated by the Parliament.
Minister for Finance will be able to give directions in relation to the timing and amounts of those payments.

The Subclause 121(3) provides that the money of the Authority will be applied only to the payment or discharge of the Authorityls expenses, charges, the payment of remuneration and allowances; and in making any other payments required or permitted to be made by the Authority.

liabilities and obligations; Subclause 121(4) provides that money not required may be invested.
immediately Clause ~22: Estimates of receipts and expenditure This clause requires the Authority to prepare estimates of receipts and expenditure for each financial year and submit those estimates to the Minister as directed; Subclause 122(2) must not be expended otherwise than in accordance with the estimates approved by the Minister.
requires that the money of the Authority Subclause 122(3) provides that· a reference to receipts and expenditure in this clause does not include a reference to amounts of compensation paid or payable by the Authority under the proposed Act.

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Clause 123: Exemption from taxation By this clause, taxation under any laws of the Commonwealth, or a State or a Territory.
the Authority will not be subject to PART 9 - MISCELLANEOUS Clause 126: Employee to give information about prior employers This clause enables an employer that has been given a claim to request names and addresses of former employers.

the claimant to provide, within 28 days, the Subclause 126 (2) provides ,that if the claimant, ,without ·r~asonable excuse, fails to ·provide· thein(ormationj employer may, refuse to deal with the claim until such information is provided.
the;' Clause 127: Determinations to be in writing This clause requires all determinations to be in writing.

A determination recorded with the use of a computer is to be taken as being in writing.
Clause 128: Shared liability This clause provides that if an injury has arisen out of, or in the course of, service with more than one employer, the employer that has paid compensation may by action in a court of competent jurisdiction recover from the other employer, or employers, a contribution towards the amount of compensation paid proportional to the other employer's contribution to the ~njury suffered by the employee.
Clause 129: Subrogation of rights of actual employer to Fund in relation to a default the Fund has become the employer of an employee This clause provides that if, event, because of clause 4(3) and has paid an amount of money in respect of an injury to the employee, subrogated to all of the actual employer's rights and remedies in relation to a policy of insurance or indemnity, or membership of a protection and insurance association.
the Fund will be ~lause 130: Payment of compensation This clause provides that an employer, having made an assessment under clause 29, 39, 40 or 41 that compensation is payable to a Claimant, must pay the amount within 30 days of the assessment.

- 71 - An employer_that fails to comply with this provision will be liable to a penalty of 10 penalty points.
Subclauses '130(2) and (3) provide that if the amount due is not paid w~thin the 30 day period, interest will be payable (at the rate specified by the Minister) on the amount payable,'beginning at the end of the 30 day period.

Sub'clause 130 (4) provides that the clause will not' apply i f the employer has been requested to reconsider its determination, or a proceeding in respect of such a determination has been instituted under Part 6.
Clause 131: Empl~yee to notify other employers that compensation has been- paid This clause requires an employee who has claimed against more than one employer in respect of an injury to notify the other employer, or employers, claimed against, if the full amount of compensation is received from one of the employers', A person who fails to comply with this provisiono-wilLbe liable to a penalty of 5 penalty po~nts.

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.

Clause 132: Recovery of compensation'payments This clause provides that the claimant may recover an amount of compen!3ation due as a debt.. - Clause 133: Money paid for benefit of person This clause requires that any money payable to a person under a legal disability must be paid to, or in accordance with the directions of, the Authority.
any money held by the Authority for the benefit of Subclause 133 (2) provides that-, subj ect to subclauses '(4) and (5) a perso~ must be invested in a manner permitted for the investment of trust money by a Commonwealth, State or Territory enactment.

Subclause 133(4) provides that the Authority may pay any money held by it for the benefit of a person, or in accordance with the directions of the person or apply the money in such manner as it thinks fit for the benefit of' the person.
Subclause 133(5) provides that when a person stops being under a legal disability, to, or in accordance with the directions of, the Authority must pay the money the person.

-72 - - 73 - Clause ,134: Provisions applicable on deathbf:beneficiary Clause 136: Recovery of overpayme~ts This clause deals with the manner in which compensation monies duete a person, or monies or· investmentsheld,on beha:i.f of.· a person, are to be applied, if the person dies.
Subclause 134(1) provides that, subject to subclause (3), if a person dies before an amount of compensation is paid that amount will form part of the estate of the .. person.

Subclause 134(2) prov~des that,subject to subclause (4) ; if the Authority.

holds, money or investments.for the benefit of a person and that person dies, will form part of the person's estate.
Subclause 134(3) provides that i f apers~n tp whom compensation is due dies intestate, and nobody is apparently entitled to claim the ·person' s estate, compensation will not be paid (ie it will,be retained by the"employer) .
the money or investments ,the Subclause 134(4) provides that if the Authority is 'holding monies .orinvestments in trust on behalf of a" pers,on who is under a legal disability, (such as a prescribed child of a deceased seafarer) and that person dies intestate, if the· nobody is ",ntitled to claim the'.

perspn',s.

estate, Authority must pay the monies etc to the Commonwealth.

Subclause 134 (5) provides ,that any 'of ,the.


"provisions of this clause may be made inoperative in a partiCUlar case, as a result of a decision made on a review of a determination.

: ) Clause 135: Assignment; set-off or attachment of compensation Subclause 135'(1.)

providesthat"an assignment of any ; " compensation payable under the,.proposed Act will be void as against an employer:·or: ,the Authority,.
Subclause 135(2) provides that, if an employee or a dependant of a deceased employee owes money to an employer or ,the Authority, that amount must not, be set off against, an amount of compensation payable under the proposed Act.

Subclause 135(3) provides ,that, except as provided ,by the.

Child Support Act 1988 or the Family Law Act 1975, any compensation payable under the proposed Act will not be subject to attachment.
This ,clause enables the employer to take action for the recovery of overpayments of compensation.

Clause 137: 'Employees on compensation leave This clause provides that an employee will not be entitled to be granted'any paid leave, other than paid maternity leave, during,a period when the employee is or, was on compensation leave.

continue to accrue, in accordance with the applicable award, determination or,certified agreement.
Long service leave entitlements will Clause 138: Double benefits This clause provides that compensation will not be payable under the proposed Act if an employee or dependant of a deceased employee.has received State workers' compensation in relation to the injury, loss or damage.
Subclause 138(2) provides that if, after the payment of' compensation under the proposed Act, a person recovers State workers l compensation, ,the employer may recover: the amount of compensation paid in a court of competent j urisd~ction.

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Subclause 138(3) provides that a claimant may be requested to provide a statutory declaration stat,ing whether State workers' compensation has been paid for the injury, damage to which the claim relates.
loss or Subclauses138(4) and (5) provide that if a claimant, without reasonable excuse~ does not give a statutory declaration', or to institute or continue proceedings under the proposed Act will be suspended.

Compensation will'not be payable in respect of the period of suspension.
the'claimants-' rights- to receive compensation Clause 139: Compensation where State -compensat-ion payable This clause relates to the payment of compensation to employees who have recovered compensation, other than workers I compensa'tion,.

under a law of a State or Territory specified by the Minister to be a law ·for the purposes of this clause.
Subclause 139(1) provides that the amount of compensation payable under the proposed Act to an employee or dependant of a deceased employee who has recovered State compensation is the amount that would otherwise have been payable, the amount that has been paid under the specified law.
less - .74 - - 75 - requires a person who is absent from Subclause 140(4) Australia for more than three months to notify his or her employer within seven days of the end of the period of three months particulars of his or her residential address.

(and at three monthly intervals thereafter) A person who fails to comply with t~is provision will be liable to a penalty of 5 penalty un1ts.
Clause 141: Comcare may charge for officer's services provided to employer • This clause enables Comcare to charge an employer a prescribed fee'for Comcare's services provided under clause 78 for assisting with a reconsideration.

Clause 142: Disallowable instruments This clause provides that all notices made by the Minister under the proposed Act 44(3), 66(6), 130(3), 139(7» will be disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.
(paragraph 10(i) (b) and subclauses Clause 143: Regulations This clause gives the Governor-General the power to make regulations under the proposed Act.
Subclause 139(2) provides that if an employer pays compensation to, or for the benefit of, anyone for an injury suffered by an employee_ or deceased employee and State compensation is later paid to, or for the benefit of, the same person for the injury, the person will be liable to pay to the employer the amount paid under the proposed Act or the amount of State compensation, whichever is less.
Subclause 139(3) provides that if a person owes money to the employer under this clause and another person holds on behalf of the debtor an amount of compensation payable under the proposed Act or State compensation or investments acquired out of such compensation, required to pay the amount owed by the debtor to the employer.

that person will be Subclause i39(4) provides that an amount paid to an employer under subclause (3) will, payment, be a discharge of the liability of the debtor to the employer and.
the liability of the person who held the amount of compensation or investment to the debtor.

to the extent of the Subclause 139(5) excludes from the reference to compensation paid under-the proposed Act in subclause(2) a reference to compensation paid under subclause 29.

(5) (weekly benefits to dependant children of deceased seafarer'!)
.. Subclause 139(6)· provides that this clause only applies to such amount of the State compensation that related to an loss or damage for which compensation is payable ,injury, under the proposed Act.

Clause 140: Notice of departure from Australia etc.

This clause requires a person who has been receiving weekly payments for incapacity under clause 31 for a period of three months or more and who intends to leave Australia, notify the employer of that intention.
to Subclause 140(2) employer specifying the date on which he or she proposes to leave.

requires the person to give notice to the Subclause 140(3) provides that if the person has already< left Australia without having given notice under subclause (2), the person will be required to notify the employer within seven days of his or her departure from Australia.

A person who fails to comply with this provision will be liable to a penalty of 5 penalty units.