Document ID: chunk:federal_register_of_legislation:C2004A04298:body:0:p3
Version: federal_register_of_legislation:C2004A04298
Segment Type: other
Provision Reference: 
Character Range: 6401–9399

omitting "the Commission has" and substituting "Comcare has";

    (b) by omitting from paragraph (a) "the Commission" and substituting "Comcare";

    (c) by inserting after paragraph (d) the following paragraph:

         "(da) to promote the adoption in Australia and elsewhere of effective strategies and procedures for the rehabilitation of injured workers;";

    (d) by omitting paragraph (f) and substituting the following paragraphs:

         "(f) to maintain contact with each rehabilitation authority to the extent necessary to ensure that, in performing or exercising its functions or powers under Part III, the authority is complying with any guidelines issued under section 41;

         (fa) to advise the Minister about anything relating to Comcare's functions and powers;";

    (e) by omitting from paragraph (g) "the Commission" and substituting "Comcare".

8. After section 72 of the Principal Act the following section is inserted:

Duty to assist Commission

"72A. Comcare must give the Commission such secretarial and other assistance, and make available to it the services of such members of Comcare's staff and such other resources, as the Commission reasonably requires from time to time for the proper performance of its functions or exercise of its powers.".

9. After section 73 of the Principal Act the following sections are inserted:

Guidelines by Commission

"73A.(1) The Commission may prepare and issue to the Chief Executive Officer written general policy guidelines in relation to the operation of this Act or any other Act to the extent that the Act confers functions or powers on Comcare.

"(2) The Commission may prepare and issue to the principal officer of an administering authority written general policy guidelines in relation to the operation of this Act to the extent that the Act confers functions or powers on the administering authority.

"(3) The Commission must not issue guidelines that are inconsistent with any directions under section 73 of this Act or section 12A of the Occupational Health and Safety (Commonwealth Employment) Act 1991.

"(4) Any guidelines that are inconsistent with a direction of the kind referred to in subsection (3) have no effect to the extent of the inconsistency.

"(5) Comcare must comply with any guidelines issued and in force under subsection (1).

"(6) An administering authority must comply with any guidelines issued to its principal officer and in force under subsection (2).

Delegation by Comcare

"73B. Comcare may, in writing, delegate to an officer of, or a person employed by, the Commonwealth or a Commonwealth authority all or any of Comcare's functions and powers.".

Constitution of Comcare

10. Section 74 of the Principal Act is amended:

    (a) by inserting after subsection (1) the following subsection:

          "(1A) Comcare is constituted by a Chief Executive Officer appointed by the Governor-General.";

    (b) by omitting subsection (2) and substituting the following subsection: