Document ID: chunk:federal_register_of_legislation:C2004A04664:schedule:4:p5
Version: federal_register_of_legislation:C2004A04664
Segment Type: schedule
Provision Reference: sch 4 (pt 5/13)
Character Range: 26593–29563

8B;

'discriminatory determination' means a determination that:

    (a) has been referred to the Tribunal under section 50C of the Sex Discrimination Act 1984; and

    (b) requires a person to do an act that would be unlawful under Part II of the Sex Discrimination Act 1984 except for the fact that the act would be done in direct compliance with the determination.

"(3) For the purposes of the definition of 'discriminatory determination' in subsection (2), the fact that an act is done in direct compliance with the determination does not of itself mean that the act is reasonable.".

Meetings of the Tribunal

44. Section 10 of the Principal Act is amended by omitting from subsections (1), (2) and (3) "Chairman" (wherever occurring) and substituting "President".

PART 7—AMENDMENTS OF THE SAFETY REHABILITATION
AND COMPENSATION ACT 1988

Principal Act

45. In this Part, "Principal Act" means the Safety Rehabilitation and Compensation Act 19886.

Short title

46. Section 1 of the Principal Act is amended by omitting "Safety" and substituting "Safety,".

Employees

47. Section 5 of the Principal Act is amended by omitting paragraph (4)(b) and substituting the following paragraph:

     "(b) whose last employer under an engagement at that place was the Commonwealth, a Commonwealth authority or a licensed corporation;".

Reduction of compensation in certain cases

48. Section 33 of the Principal Act is amended by omitting from subsection (1) "21A" and substituting "21A,".

Interpretation

  49. Section 60 of the Principal Act is amended:

    (a) by omitting from the definition of "determination" in subsection (1) "21A" and substituting "21A,";

    (b) by inserting in the definition of "determination" in subsection (1) ", under paragraph 114B(5)(a)" after "39".

Provisions applicable on death of beneficiary

50. Section 111 of the Principal Act is amended by omitting from subsection (2A) "Subsection" and substituting "Subsections".

Recovery of overpayments

  51. Section 114 of the Principal Act is amended:

    (a) by omitting from subsection (1) "Where:" and substituting "Subject to subsection (1A), if:";

  (b) by inserting after subsection (1) the following subsection:

     "(1A) Paragraph (1)(b) does not apply to an amount of compensation that the relevant authority is entitled to recover under section 114B.".

Insertion of new sections

  52. After section 114 of the Principal Act the following sections are inserted:

Notice to Comcare of retirement of employee

  "114A.(1) If:

     (a) an employee of the Commonwealth, of a Commonwealth authority that holds a Class 2 Licence in force under Part VIIIA, or of a Commonwealth authority other than a licensed authority, is receiving, or is entitled to receive, compensation under this Act; and

     (b) the appropriate officer in relation to the employee becomes aware that the employee has retired from his or her employment;

then, as soon as practicable after becoming