Document ID: chunk:federal_register_of_legislation:C2006C00126:clause:2_80
Version: federal_register_of_legislation:C2006C00126
Segment Type: clause
Provision Reference: sch 2 cl 80
Character Range: 125387–127873

80  Validation of certain acts or things done in relation to actions for non‑economic loss

(1) If a contribution or premium was collected under the Safety, Rehabilitation and Compensation Act 1988 from an Entity or a Commonwealth authority in respect of a financial year starting before 1 July 1999 or in respect of a part of such a year, then, despite any indication to the contrary in the provisions of that Act as in force at the time the contribution or premium was determined or otherwise ascertained, that contribution or premium is taken to have been determined on the basis that it covered:
 (a) liability for compensation payable under that Act; and
 (b) liability for any amount payable as a result of an action for non‑economic loss in respect of an injury suffered by an employee during the period to which the premium related.

(2) Any act or thing that was done (including any payment that was made) by the Commonwealth, Comcare or the Commission under the Safety, Rehabilitation and Compensation Act 1988 as in force at any time before the commencement of this item, in relation to an action for non‑economic loss in respect of an injury suffered by an employee before 1 July 1999, is not invalid simply because there was no capacity, at the time of the injury, to collect a contribution or premium to cover liability for amounts payable as a result of such an action.

(3) Any act or thing that is done (including any payment that is made) by the Commonwealth, Comcare or the Commission under the Safety, Rehabilitation and Compensation Act 1988 as in force at any time after the commencement of this item, in relation to an action for non‑economic loss in respect of an injury suffered by an employee before 1 July 1999, is not invalid simply because there was no capacity, at the time of the injury, to collect a contribution or premium to cover liability for amounts payable as a result of such an action.

(4) In this item:
action for non‑economic loss means any action (whether or not it involves the formal institution of a proceeding) to recover an amount for damages for non‑economic loss sustained by an employee as a result of an injury suffered by that employee:
 (a) that is taken by the employee against the employer, whether it is the Commonwealth, a Commonwealth authority or a licensed corporation, or against another employee; and
 (b) that follows an election made by the first‑mentioned employee under subsection 45(1).

Part 12—Other amendments