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Incapacity Handbook
- 11.8 Index to the 1930 Act's provisions about Incapacity
External
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) |
1 — st Schedule |
(1)(b) weekly amounts payable for total incapacity |
1 — st Schedule |
(1)(c) weekly amounts payable for partial incapacity |
1 — st Schedule |
(1A)(b) maximum benefits, also consider social security benefits |
1 — st Schedule |
(2) child endowment payments also to be taken into account |
1 — st Schedule |
(3) meaning of 'pay' (i.e. NWE for 1930 Act) |
1 — st Schedule |
(12) weekly payments to cease upon client leaving Australia |
1 — st 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