DEFENCE COMPENSATION ADVICE - NO 64
">Commonwealth Employees Rehabilitation And Compensation Act 1988
">COMMONWEALTH EMPLOYEES, REHABILITATION AND COMPENSATION AMENDMENT ACT 1992
">1. The Commonwealth Employees' Rehabilitation and Compensation Amendment Act 1992 (Act No. 264 of 1992) came into operation on the date it received Royal Assent on 24 December 1992. A copy of the Commonwealth Employees' Rehabilitation and Compensation Amendement Bill 1992 together with the related Explanatory Memorandum is enclosed.
2. It is strongly recommended that when Act No. 264 of 1992 becomes available through the Australian Government Bookshops (February 1993) Defence Centres/Defence Regional Offices should purchase sufficient copies for each delegate.
3. Additionally it is recommended that all delegates be provided with a copy of the 31 July 1992 reprint of the Commonwealth Employees' Rehabilitation and Compensation Act 1988 which brings together all amendments to the Principal Act up to and including 30 June 1992. A single copy of the reprint is attached for each Defence Centre/Defence Regional Office.
3. The amendments contained in the Commonwealth Employees' Rehabilitation and Compensation Amendment Act 1992 which will have immediate effect on operations in Defence are:
a. amendment of the title of the Principal Act;
b. Section 1 (short title) of Principal Act is amended to be the Safety, Rehabilitation and Compensation Act 1988 from 24 December 1992;
c. Section 16 (Compensation in respect of medical expenses), sub-sections (6) and (7), omit and substitute;
d. Section 18 (Compensation in respect to funeral expenses), sub-section (2), amend;
e. Section 21A (Compensation for injuries resulting in incapacity if employee is in receipt of a superannuation pension and a lump sum benefit), new section;
f. Section 24 (Compensation for injuries resulting in permanent impairment), sub-section 8, omit and substitute;
g. Section 30 (Redemption of compensation), sub-sections (2) and (3), omit and substitute;
h. Section 60 (Interpretation) amended;
i. Section 62 (Reconsideration of determinations),sub-section (2), omit and substitute;
j. Section 64 (Applications to the Administrative Appeals Tribunal) repealed and replaced;
k. Section 67 (Costs of proceedings before Administrative Appeals Tribunal), insert sub-section (1A);
l. Section 70B (Formation of subsidiaries), new section;
m. Section 104A (Comcare may write off debt), new section;
n. Section 104B (Comcare may waive debt), new section;
o. Section 137 (Redemption on request by former employee), omit and substitute;
4. There are a number of other amendments to the Principal Act contained in the 24 December 1992 amendment however the abovementioned will have immediate effect on our operations. It is strongly recommended that all delegates examine and discuss all amendments contained in the Commonwealth Employees' Rehabilitation and Compensation Amendment Act 1988.
5. For information in respect to this advice please contact Glen Tye on (06)266 8639.
KLAUS U POPP
DERMC
28 January 1993