Division 3 of Part X of the SRC Act sets out special transitional provisions for weekly incapacity payments for certain employees who were incapacitated before the commencement of the SRC Act on 1 December 1988. These special provisions apply only to "former employees", as defined in s 123:

"former employee" means a person who, immediately before the commencing day, was receiving weekly payments of compensation under the 1971 Act in respect of an injury resulting in an incapacity and had ceased to be an employee within the meaning of that Act before that day;

Thus the essential requirements for a person to be a "former employee" are:

• they were receiving weekly payments of compensation immediately before 1 December 1988 (the "commencing day" of the SRC Act); and
• they had ceased to be a Commonwealth employee before 1 December 1988.

"was receiving weekly payments of compensation"

It is important to note that the person must actually have been receiving weekly compensation; it is not sufficient that they were entitled to compensation at that day (Comcare v Neil).

This is illustrated by the AAT decision in Re Delaney where the Office of Commonwealth Employees Compensation accepted liability for the applicant's injury on 9 July 1987, but a rate of incapacity payment was not determined until 1991 because of delays in obtaining medical reports and in the determination process. The Tribunal, following Comcare v Neil, held that it was necessary for the applicant to be in actual receipt of weekly compensation; being entitled to receive compensation did not bring him within the definition of "former employee".

Division 3 of Part X of the SRC Act sets out special transitional provisions for weekly incapacity payments for certain employees who were incapacitated before the commencement of the SRC Act on 1 December 1988. These special provisions apply only to "former employees", as defined in s 123:

"former employee" means a person who, immediately before the commencing day, was receiving weekly payments of compensation under the 1971 Act in respect of an injury resulting in an incapacity and had ceased to be an employee within the meaning of that Act before that day;

Thus the essential requirements for a person to be a "former employee" are:

• they were receiving weekly payments of compensation immediately before 1 December 1988 (the "commencing day" of the SRC Act); and
• they had ceased to be a Commonwealth employee before 1 December 1988.

"was receiving weekly payments of compensation"

It is important to note that the person must actually have been receiving weekly compensation; it is not sufficient that they were entitled to compensation at that day (Comcare v Neil).

This is illustrated by the AAT decision in Re Delaney where the Office of Commonwealth Employees Compensation accepted liability for the applicant's injury on 9 July 1987, but a rate of incapacity payment was not determined until 1991 because of delays in obtaining medical reports and in the determination process. The Tribunal, following Comcare v Neil, held that it was necessary for the applicant to be in actual receipt of weekly compensation; being entitled to receive compensation did not bring him within the definition of "former employee".

Division 3 of Part X of the SRC Act sets out special transitional provisions for weekly incapacity payments for certain employees who were incapacitated before the commencement of the SRC Act on 1 December 1988. These special provisions apply only to "former employees", as defined in s 123:

"former employee" means a person who, immediately before the commencing day, was receiving weekly payments of compensation under the 1971 Act in respect of an injury resulting in an incapacity and had ceased to be an employee within the meaning of that Act before that day;

Thus the essential requirements for a person to be a "former employee" are:

• they were receiving weekly payments of compensation immediately before 1 December 1988 (the "commencing day" of the SRC Act); and
• they had ceased to be a Commonwealth employee before 1 December 1988.

"was receiving weekly payments of compensation"

It is important to note that the person must actually have been receiving weekly compensation; it is not sufficient that they were entitled to compensation at that day (Comcare v Neil).

This is illustrated by the AAT decision in Re Delaney where the Office of Commonwealth Employees Compensation accepted liability for the applicant's injury on 9 July 1987, but a rate of incapacity payment was not determined until 1991 because of delays in obtaining medical reports and in the determination process. The Tribunal, following Comcare v Neil, held that it was necessary for the applicant to be in actual receipt of weekly compensation; being entitled to receive compensation did not bring him within the definition of "former employee".