Document ID: chunk:federal_register_of_legislation:C2004C00357:schedule:2:p1
Version: federal_register_of_legislation:C2004C00357
Segment Type: schedule
Provision Reference: sch 2 (pt 1/4)
Character Range: 148440–152294

Schedule 2—Amendments of the Compensation (Commonwealth Government Employees) Act 1971

Section 149

Provision amended                        Amendments
Subsection 5(1) ....                      Omit the definitions of Compensation Tribunal, Judge, prescribed Court and the Clerk.
Subsection 5(2A) ..                      Omit the subsection.
Subsections 5(8) and (9)
                                         Omit the subsections, substitute:
                                         (8) A reference in this Act to the institution of a proceeding under Part V in respect of a determination shall be read as a reference to the making of an application to the Administrative Appeals Tribunal under section 63 for a review of the determination.
Paragraph 7A(3)(a) .                      Omit ", a Territory forming part of the Commonwealth or a Commonwealth Employees' Compensation Tribunal," substitute "or a Territory forming part of the Commonwealth".
Paragraph 51(1)(b) .                     Omit "Compensation".
Paragraph 51(3)(b) .                     Omit "Compensation".
Paragraphs 61(1)(b)and (c)
                                         Omit the paragraphs, substitute:
                                             (b) if the determination does not set out the findings on material questions of fact, refer to the evidence or other material on which those findings were based and give the reasons for the decision—a notice informing the person served of his rights under section 28 of the Administrative Appeals Tribunal Act 1975; and
                                             (c) a notice informing the person of his right to apply to the Administrative Appeals Tribunal for a review of the determination.
Subsection 61(3) ...                     Omit the subsection.
Part V ..........                        Omit:
                                               Part V—References to Compensation Tribunals and Applications to Prescribed Courts
                                               Division 1—Preliminary
                                         substitute:
                                               Part V—Review of Determinations by Administrative Appeals Tribunal
Section 63 .......                       Repeal the section, substitute:
                                             63  Applications to Administrative Appeals Tribunal
                                         (1) Where a determination by the Commissioner is made under this Act, an application may be made to the Administrative Appeals Tribunal for a review of the determination by or on behalf of a party to the determination but, notwithstanding section 27 of the Administrative Appeals Tribunal Act 1975, no other person may make such an application.
                                         (2) The parties to a proceeding before the Tribunal for a review of a determination shall be the person by or on behalf of whom the application for the review was made and any other person who was a party to the determination but, notwithstanding section 30 of the Administrative Appeals Tribunal Act 1975, the Commissioner shall not be a party to a proceeding before the Tribunal for a review of a determination.
                                             64  Costs of proceeding before Administrative Appeals Tribunal
                                         (1) Subject to this section, the costs incurred by a party in relation to proceedings instituted before the Administrative Appeals Tribunal under this Part shall be borne by that party.
                                         (2) Where:
                                               (a) the Administrative Appeals Tribunal gives a decision:
                                                 (i) varying a determination of the Commissioner in a manner favourable to a party to the determination other