Document ID: chunk:federal_register_of_legislation:C2004A04197:body:0:p3
Version: federal_register_of_legislation:C2004A04197
Segment Type: other
Provision Reference: 
Character Range: 5955–8790

adding at the end of the definition of "employee" the following:

  ", and also applies to persons 65 years of age or older".

Normal weekly earnings

5.    Section 8 of the Principal Act is amended by omitting from subsection (3) ", temporary employment".

6.    After section 41 of the Principal Act the following section is inserted in Part III:

Delegation by rehabilitation authority

"41a. A rehabilitation authority who is the Secretary to a Department or the principal officer of a Commonwealth authority may, in writing, delegate to an officer of, or a person employed by, that Department or Commonwealth authority all or any of the powers and functions of the rehabilitation authority under this Part.".

Compensation not payable where damages recovered

7. Section 48 of the Principal Act is amended by inserting after subsection (4) the following subsection:

"(4a) Subsection (3) does not apply where the damages were recovered in proceedings instituted by the employee as a result of an election by the employee under section 45, or by way of a settlement of such proceedings.".

Costs of proceedings before Administrative Appeals Tribunal

  8. (1) Section 67 of the Principal Act is amended:

    (a)     by inserting in subsection (8) "instituted by the claimant" after "proceedings";

  (b)    by inserting after subsection (8) the following subsection:

     "(8a) Subject to this section, the Administrative Appeals Tribunal may order that the costs incurred by the claimant of any proceedings instituted by the Commonwealth be paid by:

         (a)     if the Tribunal varies the relevant reviewable decision in a manner less favourable to the claimant, or sets aside the relevant reviewable decision and substitutes a decision that is less favourable to the claimant—the determining authority; or

       (b)     in any other case—the Commonwealth.";

  (c) by inserting in subsection (10) ", (8a)" after "(8)".

(2) Where, before the commencement of this section, the Administrative Appeals Tribunal made an order for payment of costs

in proceedings under the Principal Act instituted by the Commonwealth, being an order of the kind mentioned in subsection 67 (8a) of the Principal Act as amended by this Act:

    (a)     the order is, for all purposes, taken to have been validly made; and

    (b)    an amount paid before that commencement under any such order is taken to have been payable when it was so paid.

  (3) Where, before the commencement of this section:

    (a)     the Commonwealth, or a determining authority within the meaning of Part VI of the Principal Act, paid all or part of the costs incurred by a claimant within the meaning of that Part of any proceedings under that Part; and

    (b)    the payment was not made under section 67 of the Principal Act or under an order made by the