Document ID: chunk:federal_register_of_legislation:C2004A04681:body:0:p19
Version: federal_register_of_legislation:C2004A04681
Segment Type: other
Provision Reference: 
Character Range: 48133–51035

substitute:

  "(8) Subsection (7) does not apply to one or more of the following:

  (a) the impairment constituted by the loss, or the loss of the use, of a finger;

  (b) the impairment constituted by the loss, or the loss of the use, of a toe;

  (c) the impairment constituted by the loss of the sense of taste;

  (d) the impairment constituted by the loss of the sense of smell.".

96. Section 48:

  Omit "CERC Act", substitute "Safety Rehabilitation and Compensation Act 1988".

97. Subsection 49(6):

  Omit all the words after "examination of an employee".

98. After subsection 49(6):

  Insert:

SCHEDULE—continued

"(6A) Subject to subsection (6C), the employer is liable to pay to the employee an amount of compensation in respect of expenditure reasonably incurred by the employee in doing either or both of the following:

     (a) making a journey necessary for the purpose of undergoing the examination;

     (b) remaining, for the purpose of undergoing the examination, at a place to which the employee has made a journey for that purpose.

"(6B) The amount of compensation that the employer is liable to pay in respect of the journey is:

     (a) in relation to a journey by means of public transport or ambulance services—an amount equal to the expenditure reasonably incurred in undertaking that journey; or

     (b) in relation to a journey by means of private motor vehicle—an amount worked out using the formula:

     Specified rate per kilometre × Number of kilometres travelled

     where:

     'Specified rate per kilometre' means such rate per kilometre as the Minister specifies by written notice under this paragraph in respect of journeys to which this paragraph applies;

     'Number of kilometres travelled' means the number of whole kilometres that the employer determines to have been the reasonable length of such a journey (including the return part of the journey).

"(6C) The amount of compensation that the employer is liable to pay in respect of the employee remaining at a place for the purpose of undergoing the examination is an amount equal to the expenditure so reasonably incurred in remaining for that purpose.

  "(6D) Compensation is not payable under subsection (6A) unless:

     (a) in relation to a journey to which paragraph (6B)(a) applies—the employee's injury reasonably required the use of public transport or ambulance services (as the case may be) regardless of the distance involved; or

     (b) in relation to a journey to which paragraph (6B)(b) applies—the reasonable length of such a journey exceeded 50 kilometres.".

99. Subsection 49(7):

  Omit "subsection (6)", substitute "subsections (6A), (6B), (6C) and (6D)".

SCHEDULE—continued

100.  After subsection 50(2):

  Insert:

"(2A) Subject to subsection (2C), the employer is liable to pay to the employee an amount of compensation in respect of expenditure reasonably