DEFENCE COMPENSATION ADVICE - NO. 74

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Safety Rehabilitation and Compensation Act 1988

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AMENDMENTS OF THE SAFETY REHABILITATION AND COMPENSATION ACT 1988

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1.  The purpose of this DCA is to notify delegates of certain amendments to the SRC Act.  (No.109 of 1993).

2.  Attached is a copy of the "Industrial Relations and other Legislation Amendment Act 1993". I draw your attention to part 7 (pages 14 to 18) of the Amendment Act, which is of particular relevance to the SRC Act. The following is a brief summary of the amendments to the SRC Act, which have immediate effect:

a.  "Principle Act" means the SRC Act;

b.  Section 1 of Principle Act is amended by omitting "Safety" andsubstituting "Safety,";

c.  Section 5 of the Principle Act in respect of employees, omit paragraph(4)(b) and substitute;

d.  Section 33 in respect of "reduction of compensation in certain cases",omit from subsection (1) "21A" and substitute "21A,";

e.  Section 60, "Interpretation" under "Reconsideration and Review ofDeterminations", omit from subsection (1) "21A" and substitute "21A,";

f.  Section 111 in respect of "Provisions applicable on death ofbeneficiary", omit from subsection (2A) "Subsection" and substitute"subsections";

g.  Section 114 in respect of "Recovery of overpayments", omit fromsubsection (1) "Where:" and substitute "Subject to subsection (1A), if:",and insert new subsection "1A";

h.  New section 114A "Notice to Comcare of retirement of employee";

i.  New section 114B "Recovery of overpayment to retired employee";

j.  Renumbering of section 104A "Comcare may write off debt" to section"114 C"; and

k.  Renumbering of section 104B "Comcare may waive debt" to section"114D".

3.  A Defence Compensation Advice outlining procedures relating to the requirements of the new section 114B concerning "Recovery of overpayment to retired employee" will be distributed soon.

4.  Further copies of the above amendments may be obtained from the Commonwealth Government Bookshop by citing the "Industrial Relations and other Legislation Amendment Act 1993 No.109 of 1993". I anticipate these amendments being incorporated into the next reprint of the SRC Act (reprint no.3)

5.  I recommend that all delegates familiarise themselves with the above amendments.

6.  For further information concerning the foregoing, please contact Paul Reis on (06) 2668637.

Klaus U Popp

Director

Military Compensation

& Rehabilitation Section

      May 1994

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Department  of  Defence

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MINUTE

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DM89-27677

Manager

Compensation &

Rehabilitation Section

All Defence Centres

ACT Claims

DAO,Townsville

AMENDMENTS OF THE SRC ACT 1988

1.  Attached is a copy of DCA No. 74.

2.  Please ensure that all delegates are provided with a copy and are conversant with its contents.

Paul Reis

Executive Officer

Compensation & Rehabilitation

      May 1994