Document ID: chunk:federal_register_of_legislation:C2004A04681:body:0:p18
Version: federal_register_of_legislation:C2004A04681
Segment Type: other
Provision Reference: 
Character Range: 45444–48358

declaration under subsection 8AA(2) of that Act is in force.".

89. Subsection 19(5):

Omit "This Act does not apply", substitute "Subsection (3) does not have the effect of applying this Act".

90. Section 20:

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

91. Subsections 28(6) and (7):

  Omit the subsections, substitute:

"(6) Subject to subsection (7), if compensation in respect of the cost of medical treatment is payable under subsection (1), 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 obtaining that medical treatment;

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

"(6A) 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;

SCHEDULE—continued

     '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).

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

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

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

92. Subsection 28(8):

  After "(6)" insert ", (6A), (6B)".

93. Subsection 29(10):

  Omit "this section", substitute "subsection (3) or (4)".

94. Subsection 30(2):

  Omit "$1,889.60", substitute "$3,500".

95. Subsection 39(8):

  Omit the subsection, 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