Document ID: chunk:federal_register_of_legislation:C2004A02942:body:0:p22
Version: federal_register_of_legislation:C2004A02942
Segment Type: other
Provision Reference: 
Character Range: 52856–55510

authority or person to whom information is divulged under sub-section (3), and any person or employee under the control of that authority or person, shall, in respect of that information, be subject to the same rights, privileges, obligations and liabilities under sub-sections (1) and (2) as if the authority or the person, as the case may be, were a person performing duties under this Act and had acquired the information in the performance of those duties.
"(5) This section shall not be taken to be an enactment for the purposes of section 38 of the Freedom of Information Act 1982.
"(6) In this section, 'officer' means a person performing duties, or exercising powers or functions, under, or in relation to this Act and includes the Commissioner and a person who has performed duties, or exercised powers or functions, under, or in relation to, any Act repealed by this Act.".

Compensation payable in respect of injuries resulting in total incapacity
78. Section 45 of the Principal Act is amended—
(a) by inserting "father-in-law," after "step-mother," in sub-paragraph (b) (i) of               the definition of "prescribed person" in sub-section (10); and
(b) by omitting paragraph (10) (c) and substituting the following paragraph:
    "(c) a person of the opposite sex to the employee who, throughout a period of 3 years ending on or after the date of commencement of the incapacity of the employee, lived with

    the employee as the spouse of that employee on a bona fide domestic basis although not legally married to that employee.".

Compensation payable where damages recoverable
79. (1) Section 99 of the Principal Act is amended by adding at the end thereof the following sub-section:
"(11) Where an employee, or a dependant of an employee, establishes, to the satisfaction of the Commissioner, that the whole or part of the damages referred to in sub-section (1) recovered by the employee or by, or on behalf of, the dependant, as the case may be, did not relate to an injury, a loss, or damage, in respect of which compensation is payable under this Act, this section has effect, in relation to that employee or that dependant, as the case may be, as if the amount of the damages recovered by that employee or that dependant was an amount equal to so much (if any) of the amount of the damages as did relate to an injury, a loss, or damage, in respect of which compensation is payable under this Act to that employee or that dependant, as the case may be.".
(2) The amendment made by sub-section (1) applies only in relation to an
injury sustained by a person after that sub-section comes into operation.
80. Before section 115 of