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11.8 Index to the 1930 Act's provisions about Incapacity

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The following sections of the Commonwealth Employees Compensation Act 1930 are relevant to compensation for 'incapacity':

S6(4)

Delegates power to determine degree of incapacity and entitlement

S9(1)

Personal injury gives entitlement to compensation under 'Schedule 1'

S12(1A)

Payment of lump sum ends all entitlement to weekly payment

S13(1)

Payment ceiling – i.e. max amount of compensation for any one injury

S13(2)

Where total and permanent incapacity – S13(1) not to apply

S14(2)

DVA repatriation and Defence Act payments not payable

S17 & 17A

Recovery of damages (common law actions)

1st Schedule

(1)(b) weekly amounts payable for total incapacity

1st Schedule

(1)(c) weekly amounts payable for partial incapacity

1st Schedule

(1A)(b) maximum benefits, also consider social security benefits

1st Schedule

(2) child endowment payments also to be taken into account

1st Schedule

(3) meaning of 'pay' (i.e. NWE for 1930 Act)

1st Schedule

(12) weekly payments to cease upon client leaving Australia

1st Schedule

(13) weekly payments not to be assigned to another

References
'Incapacity for Work': Chapter 11
  • COM vol.10, Pt.1 : 'incapacity'
Former Employee: Chapter 11
  • Comcare v Neil (1993) 41 FCR 517: Definition of former employee
  • Reserve Bank & Comcare and Wheeler (1990) 12 AAR 160: Compensation wrongly cancelled