that is taken by the employee against the employer, whether it is the Commonwealth, a Commonwealth authority or a licensed corporation, or against another employee; and

that follows an election made by the first-mentioned employee under subsection 45(1).

ACT Self-Government Act means the Australian Capital Territory (Self-Government) Act 1988.

administering authority means a Commonwealth authority that, immediately before the repeal of Part VIII, was an administering authority under that Part.

adoption means adoption under a law of a State or Territory or of a foreign country.

aggravation includes acceleration or recurrence.

ailment means any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development).

approved Guide means:

the document, prepared by Comcare in accordance with the Minister and is for the time being in force; andsection 28 under the title “Guide to the Assessment of the Degree of Permanent Impairment”, that has been approved by

if an instrument varying the document has been approved by the Minister—that document as so varied.

approved program provider means a person or body approved under section 34F or 34H as a rehabilitation program provider and includes a person or body so approved whose approval is renewed under section 34L.

approved Rehabilitation Assessments and Examinations Guide means:

the document prepared by Comcare in accordance with the Minister and is for the time being in force; orsection 57A, titled “Guide for Arranging Rehabilitation Assessments and Requiring Examinations”, that has been approved by

if an instrument varying that document has been approved by the Minister—that document as so varied.

attendant care services means services (other than household services, medical or surgical services or nursing care) that are required for the essential and regular personal care of the employee.

catastrophic injury means an injury, where the conditions specified in the legislative rules are satisfied.

Chairperson means the Chairperson of the Commission.

Chief Executive Officer means the Chief Executive Officer appointed under section 74, and includes a person who is acting as the Chief Executive Officer.

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

claim means a claim under Part V.

claimant, in relation to a time after the death of a claimant, has the meaning given in subsection (11).

Comcare means the body corporate established by section 68.

Comcare subsidiary means an incorporated company formed by Comcare.

Commission means the Safety, Rehabilitation and Compensation Commission established by section 89A.

Commissioner means a member of the Commission other than the Chief Executive Officer.

Commonwealth, in relation to persons employed by a Commonwealth authority, has the additional meaning given in subsection 5(7).

Commonwealth authority means:

a body corporate that is incorporated for a public purpose by a law of the Commonwealth, other than a body declared by the Minister, by legislative instrument, to be a body corporate to which this Act does not apply; or

a body corporate that is incorporated for a public purpose by a law of a Territory (other than an ACT enactment or a law of the Northern Territory) and is declared by the Minister, by legislative instrument, to be a body corporate to which this Act applies; or

a body corporate:

that is incorporated under a law of the Commonwealth or a law in force in a State or Territory;

in which:

(A) the Commonwealth has a controlling or substantial interest; or

(B) a Territory (other than the Australian Capital Territory or the Northern Territory) or a body corporate referred to in paragraph (a) or (b) has a controlling interest; and

that is declared by the Minister, by legislative instrument, to be a body corporate to which this Act applies; or

a body corporate:

in which a body corporate declared under paragraph (c) has a controlling interest; and

that is declared by the Minister, by legislative instrument, to be a body corporate to which this Act applies; or

if a declaration is in force under section 4A, the Australian Capital Territory.

compensation leave means any period during which an employee is absent from his or her employment due to an incapacity for work resulting from an injury in respect of which compensation is payable under section 19 or 22.

controlling interest means an interest in the body corporate that enables the person holding the interest to: control the composition of the board of directors of the body corporate; or cast, or control the casting of, more than one-half of the maximum number of votes that might be cast at a general meeting of the body corporate; or control more than one-half of the issued share capital of the body corporate (excluding any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital).

control the composition of the board of directors of the body corporate; or

cast, or control the casting of, more than one-half of the maximum number of votes that might be cast at a general meeting of the body corporate; or

control more than one-half of the issued share capital of the body corporate (excluding any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital).

corporation, in Part VIII, means:

a foreign corporation within the meaning of paragraph 51(xx) of the Constitution; or

a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or

a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or

a body corporate that is incorporated in a Territory;

but does not include a Commonwealth authority.

CTPA means the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004.

damages includes any amount paid under a compromise or settlement of a claim for damages, whether or not legal proceedings have been instituted, but does not include an amount paid in respect of costs incurred in connection with legal proceedings.

de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.

Defence Department has the meaning given by the Military Rehabilitation and Compensation Act 2004.

defence service has the meaning given by the Military Rehabilitation and Compensation Act 2004.

dependant, in relation to a deceased employee, means:

the spouse, parent, step-parent, father-in-law, mother-in-law, grandparent, child, stepchild, grandchild, sibling or half-sibling of the employee; or

a person in relation to whom the employee stood in the position of a parent or who stood in the position of a parent to the employee;

being a person who was wholly or partly dependent on the employee at the date of the employee’s death.

dependent means dependent for economic support.

Deputy Chief Executive Officer means the Deputy Chief Executive Officer under section 86.

disease has the meaning given by section 5B.

eligible corporation, in Part VIII, means a corporation in respect of which a declaration is in force under section 100.

employee has the meaning given in section 5.

Entity means:

(a) an Agency, within the meaning of the Public Service Act 1999, that is not a Commonwealth authority; or

(b) a Parliamentary Department within the meaning of the Parliamentary Service Act 1999; or

a person, body, organisation or group of persons prescribed for this paragraph.

excluded injury means an injury that arose out of, or in the course of, or was incidental to: State banking not extending beyond the limits of the State concerned; or State insurance not extending beyond the limits of the State concerned.

State banking not extending beyond the limits of the State concerned; or

State insurance not extending beyond the limits of the State concerned.

exempt authority means an Entity or a Commonwealth authority declared by the Minister under section 35 to be an exempt authority.

exit contribution means an exit contribution under Division 4A of Part VII.

Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.

household services means services of a domestic nature (including cooking, house cleaning, laundry and gardening services) that are required for the proper running and maintenance of the employee’s household.

impairment means the loss, the loss of the use, or the damage or malfunction, of any part of the body or of any bodily system or function or part of such system or function.

injury has the meaning given by section 5A.

legislative rules means rules made under section 122A.

licence means a licence under Part VIII.

licensed authority means a Commonwealth authority that is the holder of a licence that is in force.

licensed corporation means a corporation that is the holder of a licence that is in force under Part VIII.

licensee means a Commonwealth authority or a corporation that is licensed, or that is taken to be licensed, under Part VIII.

loss includes the destruction of that property.

medical treatment means:

medical or surgical treatment by, or under the supervision of, a legally qualified medical practitioner; or

therapeutic treatment obtained at the direction of a legally qualified medical practitioner; or

dental treatment by, or under the supervision of, a legally qualified dentist; or

therapeutic treatment by, or under the supervision of, a physiotherapist, osteopath, masseur or chiropractor registered under the law of a State or Territory providing for the registration of physiotherapists, osteopaths, masseurs or chiropractors, as the case may be; or

an examination, test or analysis carried out on, or in relation to, an employee at the request or direction of a legally qualified medical practitioner or dentist and the provision of a report in respect of such an examination, test or analysis; or

the supply, replacement or repair of an artificial limb or other artificial substitute or of a medical, surgical or other similar aid or appliance; or

treatment and maintenance as a patient at a hospital; or

nursing care, and the provision of medicines, medical and surgical supplies and curative apparatus, whether in a hospital or otherwise; or

any other form of treatment that is prescribed for the purposes of this definition.

member means a member of the Commission, including the Chairperson but not including the Chief Executive Officer.

non-economic loss, in relation to an employee who has suffered an injury resulting in a permanent impairment, means loss or damage of a non-economic kind suffered by the employee (including pain and suffering, a loss of expectation of life or a loss of the amenities or enjoyment of life) as a result of that injury or impairment and of which the employee is aware.

normal weekly earnings means the normal weekly earnings of an employee calculated under section 8.

normal weekly hours means the average number of hours (including hours of overtime) worked in each week by the employee in his or her employment during the relevant period as calculated for the purpose of applying the formula in subsection 8(1) or (2).

overtime includes:

any duty on shifts or on Saturdays, Sundays or other holidays; and

excess travelling time.

parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.

pension age has the meaning given by subsection 23(5A), (5B), (5C) or (5D) of the Social Security Act 1991.

permanent means likely to continue indefinitely.

place of residence, in relation to an employee, means:

the place where the employee normally resides;

a place, other than the place referred to in paragraph (a), where the employee resides temporarily, as a matter of necessity or convenience, for the purposes of his or her employment; or

any other place where the employee stays, or intends to stay, overnight, a journey to which from the employee’s place of work does not substantially increase the risk of sustaining an injury when compared with the journey from his or her place of work to the place referred to in paragraph (a).

place of work includes any place at which the employee is required to attend for the purpose of carrying out the duties of his or her employment.

pre-determination period, in relation to a claim by an employee for compensation under Division 3 of Part II, means the period from the start of the day when the employee is injured until the end of the day on which Comcare determines the claim.

premium, in respect of an Entity or Commonwealth authority and a financial year, means:

the amount paid or payable under Division 4A of Part VII as the premium, other than a special premium, in respect of that Entity or authority and that financial year; and

(b) if the financial year ended before 1 July 1991, any contribution so paid or payable under Commonwealth Employees (Rehabilitation and Compensation) Act 1988, as that Act applied in respect of that year.section 98 of the

prescribed child means:

a person under 16; or

a person who:

is 16 or more but under 25;

is receiving full-time education at a school, college, university or other educational institution; and

is not ordinarily in employment or engaged in work on his or her own account.

previous Commission means the Commission for the Safety, Rehabilitation and Compensation of Commonwealth Employees that was established under section 68 of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 as amended and in force immediately before the commencement of Part 2 of the Industrial Relations Legislation Amendment Act (No. 3) 1991.

principal officer, in relation to a Commonwealth authority, means:

the person who constitutes, or is acting as the person who constitutes, the authority or, if the authority is constituted by 2 or more persons, the person who is entitled to preside at any meeting of the authority at which he or she is present; or

if the affairs of the authority are administered or managed by a board or other group of persons—the person who is entitled to preside at any meeting of that board or other group at which he or she is present.

principal officer means the principal executive officer of the corporation.

principal officer, in relation to an Entity, means:

(a) if the Entity is an Agency that is not a Commonwealth authority—the Agency Head within the meaning of the Public Service Act 1999; or

(b) if the Entity is a Parliamentary Department—the Secretary of the Parliamentary Department within the meaning of the Parliamentary Service Act 1999; or

(c) if the Entity is a person, body, organisation or group of persons prescribed for paragraph (c) of the definition of Entity—the person prescribed as the principal officer.

proceeding under Part VI has the meaning given in subsection (12).

property used by an employee means an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by the employee.

rehabilitation authority, in relation to an employee, means:

where the employee is employed by an exempt authority—Comcare; and

where the employee is employed by a licensed authority—the principal officer of that authority; and

if the employee is employed by a licensed corporation—the principal officer of that corporation; and

if the employee is employed by an Entity or a Commonwealth authority, other than an exempt authority—the principal officer of the Entity or the Commonwealth authority in which the employee is employed.

rehabilitation program includes medical, dental, psychiatric and hospital services (whether on an in-patient or out-patient basis), physical training and exercise, physiotherapy, occupational therapy and vocational training.

relevant authority means:

in relation to an employee who is employed by a licensee—the licensee; and

in relation to any other employee—Comcare.

relevant money has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

relevant period means the period calculated under section 9.

retirement savings account means a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997.

significant degree has the meaning given by subsection 5B(3).

special premium, in respect of an Entity or Commonwealth authority and the financial year starting on 1 July 1999, 1 July 2000 or 1 July 2001, means the amount paid or payable as a result of a determination under section 97B as a special premium in respect of that Entity or authority and that financial year.

spouse includes:

in relation to an employee or a deceased employee—a person who is, or immediately before the employee’s death was, a de facto partner of the employee; and

in relation to an employee or a deceased employee who is or was a member of the Aboriginal race of Australia or a descendant of indigenous inhabitants of the Torres Strait Islands—a person who is or was recognised as the employee’s husband, wife or spouse by the custom prevailing in the tribe or group to which the employee belongs or belonged.

stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.

step-parent: without limiting who is a step-parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step-parent of the person if he or she would be the person’s step-parent except that he or she is not legally married to the person’s parent.

substantial interest means an interest (other than a controlling interest) in the body corporate that enables the person holding the interest to cast, or control the casting of, a number of votes at a general meeting of the body corporate that is equal to or greater than the number of votes which may be cast, or whose casting may be controlled, by any other single person.

suitable employment, in relation to an employee who has suffered an injury in respect of which compensation is payable under this Act, means:

in the case of an employee who was a permanent employee of the Commonwealth or a licensee on the day on which he or she was injured and who continues to be so employed—employment by the Commonwealth or the licensed corporation, as the case may be in work for which the employee is suited having regard to:

the employee’s age, experience, training, language and other skills;

the employee’s suitability for rehabilitation or vocational retraining;

where employment is available in a place that would require the employee to change his or her place of residence—whether it is reasonable to expect the employee to change his or her place of residence; and

any other relevant matter; and

in any other case—any employment (including self-employment), having regard to the matters specified in subparagraphs (a)(i), (ii), (iii) and (iv).

superannuation amount, in relation to a pension received by an employee in respect of a week, or a lump sum benefit received by an employee, being a pension or benefit under a superannuation scheme, means an amount equal to:

if the scheme identifies a part of the pension or lump sum as attributable to the contributions made under the scheme by the Commonwealth, Commonwealth authority or licensed corporation—the amount of that part; or

in any other case—the amount assessed by the relevant authority to be the part of the pension or lump sum that is so attributable or, if such an assessment cannot be made, the amount of the pension received by the employee in respect of that week or the amount of the lump sum, as the case requires.

superannuation scheme means any superannuation scheme under which, or retirement savings account to which, the Commonwealth, a Commonwealth authority or a licensed corporation makes contributions on behalf of employees and includes a superannuation or provident scheme established or maintained by the Commonwealth, a Commonwealth authority or a licensed corporation.

the 1912 Act means the Commonwealth Workmen’s Compensation Act 1912.

the 1930 Act means the Commonwealth Employees’ Compensation Act 1930.

the 1971 Act means the Compensation (Commonwealth Government Employees) Act 1971.

therapeutic treatment includes an examination, test or analysis done for the purpose of diagnosing, or treatment given for the purpose of alleviating, an injury.

relationships between de facto partners; and

relationships of child and parent that arise:

if someone is an exnuptial or adoptive child of a person; or

(ii) because of the definitions of child and parent in this section; and

relationships traced through relationships referred to in paragraphs (a) and (b).

compensation is payable under this Act in respect of the injury for which the medical treatment was obtained; and

it was reasonable for the employee to have obtained that medical treatment in the circumstances.

the spouse of the employee; or

a child of the employee, being a prescribed child;

shall be taken to be a person who was wholly dependent on the employee at that date.

(a) family tax benefit calculated under A New Tax System (Family Assistance) Act 1999 (an individual’s Part A rate); andPart 2 or 3 of Schedule 1 to the

carer allowance under that Act; and

double orphan pension under that Act;

shall not be taken into account.

an incapacity to engage in any work; or

an incapacity to engage in work at the same level at which he or she was engaged by the Commonwealth or a licensed corporation in that work or any other work immediately before the injury happened.

if there is in force a written declaration by the Minister, made at the written request of the Chief Minister for the Territory, that a specified person is to be taken to be the principal officer of the Territory, this Act has effect accordingly;

if there is no such declaration in force, the Chief Minister of the Territory is to be taken to be the principal officer of the Territory.

a body corporate ceases to be a Commonwealth authority; and

the body corporate continues in existence;

the principal officer of the body corporate is to be determined as if the body corporate had not ceased to be a Commonwealth authority.

the Minister has given the Chief Minister at least 12 months’ notice in writing of his or her intention to revoke the declaration; or

the Chief Minister has given the Minister a written request that the declaration be revoked and:

a period of at least 12 months; or

such shorter period as is agreed on by the Minister and the Chief Minister;

has elapsed since the request was given to the Minister.

a person who is employed by the Commonwealth or by a Commonwealth authority, whether the person is so employed under a law of the Commonwealth or of a Territory or under a contract of service or apprenticeship; or

a person who is employed by a licensed corporation.

a person performs work for that corporation under a law or a contract; and

pursuant to that law or pursuant to the law that is the proper law of that contract, as the case may be, the person would, if that corporation were not a licensed corporation, be entitled to compensation in respect of injury, loss or damage suffered by, or in respect of the death of, the person in connection with that work.

(a) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (all within the meaning of the Australian Federal Police Act 1979); or

a person (other than a person to whom subsection (3) applies) who is the holder of or is acting in:

an office established by a law of the Commonwealth, other than an office that is declared by the Minister, by legislative instrument, to be an office to which this Act does not apply; or

an office that is established by a law of a Territory (other than an ACT enactment or a law of the Northern Territory) and is declared by the Minister, by legislative instrument, to be an office to which this Act applies;

shall, for the purposes of this Act, be taken to be employed by the Commonwealth, and the person’s employment shall, for those purposes, be taken to be constituted by the person’s performance of duties as the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee or by the person’s performance of the duties of that office, as the case may be.

constitutes, or is acting as the person constituting, a Commonwealth authority;

is, or is acting as, a member of such an authority; or

is a deputy of such a member;

shall, for the purposes of this Act, be taken to be employed by that authority, and the person’s employment shall, for those purposes, be taken to be constituted by the performance of:

the duties of the authority;

the person’s duties as such a member or acting member; or

the person’s duties as such a deputy;

as the case may be.

who is ordinarily engaged for employment at a prearranged place at which employers engage persons for employment; and

whose last employer under an engagement at that place was the Commonwealth, a Commonwealth authority or a licensed corporation;

shall, for the purposes of this Act, be taken to be employed by the Commonwealth, that authority or that corporation, as the case may be, until the person is next engaged under such an engagement, and the person’s employment shall, for those purposes, be taken to be constituted by the person’s attendance at that place for the purpose of seeking such an engagement.

that persons specified in the notice, being persons who engage in activities or perform acts:

at the request or direction, for the benefit, or under a requirement made by or under a law, of the Commonwealth; or

at the request or direction, or for the benefit, of a Commonwealth authority or a licensed corporation;

shall, for the purposes of this Act, be taken to be employed by the Commonwealth, or by that authority or corporation, as the case may be; and

that the employment of the person shall, for those purposes, be taken to be constituted by the performance by the person of such acts as are specified in the notice;

and such a declaration shall have effect accordingly.

a member of the Parliament or a Minister of State;

(b) a person who is a Judge as defined by Judges’ Pensions Act 1968;section 4 of the

an officer or employee of the Public Service of an external Territory; or

(d) a seaman to whom the Seafarers Rehabilitation and Compensation Act 1992 applies.

a person who is an officer or employee of an authority or body established by an ACT enactment, other than an authority or body in respect of which a declaration is in force under subsection (12);

a person who is an officer or employee of a body corporate incorporated under a law of the Commonwealth or a law in force in a State or Territory, being a body:

in which the Australian Capital Territory or an authority or body established by an ACT enactment has a controlling interest; and

in respect of which a declaration under subsection (13) is in force;

a person who is an officer or employee of a body corporate incorporated under a law of the Commonwealth or a law in force in a State or Territory, being a body:

in which a body corporate referred to in paragraph (b) has a controlling interest; and

in respect of which a declaration under subsection (13) is in force;

(d) a person who is employed under the Legislative Assembly (Members’ Staff) Act 1989 of the Australian Capital Territory;

(e) the Commissioner, Deputy Commissioner and members of the Australian Capital Territory Fire Brigade under the Fire Brigade (Administration) Act 1974 of the Australian Capital Territory;

(ea) a member of the ACT Fire and Rescue Service within the meaning of the Emergencies Act 2004 of the Australian Capital Territory;

a person who holds, or is acting in, an office established by an ACT enactment, other than an office in respect of which a declaration is in force under subsection (12).

an authority or body is not an authority or body to which subsection (11) applies; or

an office is not an office to which subsection (11) applies.

Chief Minister for the Australian Capital Territory;

Deputy Chief Minister for the Australian Capital Territory;

Minister;

Presiding Officer of the Legislative Assembly for the Australian Capital Territory;

deputy to the Presiding Officer of the Legislative Assembly for the Australian Capital Territory;

member of the Legislative Assembly for the Australian Capital Territory.

at the request or direction, or for the benefit, of the Australian Capital Territory; or

in accordance with a requirement made by or under an ACT enactment; or

at the request or direction, or for the benefit, of an authority or body established by an ACT enactment;

are to be taken to be employees of the Australian Capital Territory.

a disease suffered by an employee; or

an injury (other than a disease) suffered by an employee, that is a physical or mental injury arising out of, or in the course of, the employee’s employment; or

an aggravation of a physical or mental injury (other than a disease) suffered by an employee (whether or not that injury arose out of, or in the course of, the employee’s employment), that is an aggravation that arose out of, or in the course of, that employment;

but does not include a disease, injury or aggravation suffered as a result of reasonable administrative action taken in a reasonable manner in respect of the employee’s employment.

a reasonable appraisal of the employee’s performance;

a reasonable counselling action (whether formal or informal) taken in respect of the employee’s employment;

a reasonable suspension action in respect of the employee’s employment;

a reasonable disciplinary action (whether formal or informal) taken in respect of the employee’s employment;

anything reasonable done in connection with an action mentioned in paragraph (a), (b), (c) or (d);

anything reasonable done in connection with the employee’s failure to obtain a promotion, reclassification, transfer or benefit, or to retain a benefit, in connection with his or her employment.

an ailment suffered by an employee; or

an aggravation of such an ailment;

that was contributed to, to a significant degree, by the employee’s employment by the Commonwealth or a licensee.

the duration of the employment;

the nature of, and particular tasks involved in, the employment;

any predisposition of the employee to the ailment or aggravation;

any activities of the employee not related to the employment;

any other matters affecting the employee’s health.

This subsection does not limit the matters that may be taken into account.

as a result of an act of violence that would not have occurred but for the employee’s employment or the performance by the employee of the duties or functions of his or her employment; or

while the employee was at the employee’s place of work, for the purposes of that employment, or was temporarily absent from that place during an ordinary recess in that employment; or

while the employee was temporarily absent from the employee’s place of work undertaking an activity:

associated with the employee’s employment; or

at the direction or request of the Commonwealth or a licensee; or

while the employee was, at the direction or request of the Commonwealth or a licensee, travelling for the purpose of that employment; or

while the employee was at a place of education, except while on leave without pay, in accordance with:

a condition of the employee’s employment by the Commonwealth or a licensee; or

a request or direction of the Commonwealth or a licensee; or

the approval of the Commonwealth or a licensee; or

while the employee was travelling between the employee’s place of work and a place of education for the purpose of attending that place in accordance with:

a condition of the employee’s employment by the Commonwealth or a licensee; or

a request or direction of the Commonwealth or a licensee; or

the approval of the Commonwealth or a licensee; or

while the employee was at a place for the purpose of:

obtaining a medical certificate for the purposes of this Act; or

receiving medical treatment for an injury; or

undergoing a rehabilitation program provided under this Act; or

receiving a payment of compensation under this Act; or

undergoing a medical examination or rehabilitation assessment in accordance with a requirement made under this Act; or

receiving money due to the employee under the terms of his or her employment, being money that, under the terms of that employment or any agreement or arrangement between the employee and the Commonwealth or a licensee, is available, or reasonably expected by the employee to be available, for collection at that place; or

while the employee was travelling between the employee’s place of work and another place for the purpose of:

obtaining a medical certificate for the purposes of this Act; or

receiving medical treatment for an injury; or

undergoing a rehabilitation program provided under this Act; or

undergoing a medical examination or rehabilitation assessment in accordance with a requirement made under this Act; or

while the employee was, at the direction or request of the Commonwealth or a licensee, at a place:

outside Australia and the external Territories; and

declared by the Minister by legislative instrument to be a place to which this paragraph applies; or

while the employee was:

at the direction or request of the Commonwealth or a licensee, at a place outside Australia and the external Territories; and

a member of a class of employees declared by the Minister by legislative instrument to be a class to which this paragraph applies.

a journey from a place of residence is taken to start at the boundary of the land where the place of residence is situated; or

a journey to such a place of residence is taken to end at that boundary.

while at a place referred to in that subsection; or

during an ordinary recess in his or her employment;

if the employee sustained the injury because he or she voluntarily and unreasonably submitted to an abnormal risk of injury.

an employee has suffered, or is suffering, from a disease or the death of an employee results from a disease;

the disease is of a kind specified by the Minister, by legislative instrument, as a disease related to employment of a kind specified in the instrument; and

the employee was, at any time before symptoms of the disease first became apparent, engaged by the Commonwealth or a licensed corporation in employment of that kind;

the employment in which the employee was so engaged shall, for the purposes of this Act, be taken to have contributed, to a significant degree, to the contraction of the disease, unless the contrary is established.

the employee first sought medical treatment for the disease, or aggravation; or

the disease or aggravation resulted in the death of the employee or first resulted in the incapacity for work, or impairment of the employee;

whichever happens first.

the incapacity or impairment would not have occurred;

the incapacity would have commenced, or the impairment would have occurred, at a significantly later time; or

the extent of the incapacity or impairment would have been significantly less.

suffers a disease mentioned in the following table; and

before the disease was sustained, was employed as a firefighter for the qualifying period mentioned for that disease; and

was exposed to the hazards of a fire scene during that period; and

in the case of a cancer of a kind covered by item 13 of the following table—satisfies the conditions (if any) prescribed for such a cancer;

the employment is, for the purposes of this Act, taken to have contributed, to a significant degree, to the contraction of the disease, unless the contrary is established.

an employee is taken to have been employed as a firefighter if the relevant authority is satisfied that firefighting or related duties made up a not insubstantial portion of his or her duties; and

an employee who was employed as a firefighter for 2 or more periods that add up to the qualifying period is taken to have been so employed for the qualifying period; and

for an employee of the Australian Capital Territory specified in a declaration under subsection 5(15)—the employee is taken to have been employed as a firefighter during any period for which the employee was a member of a firefighting service; and

an employee is taken to have been employed as a firefighter only if he or she was employed as a firefighter by the Commonwealth, a Commonwealth authority or a licensed corporation.

covered by paragraph 5(11)(e) or (ea) as a result of being a volunteer member (however described) of a body referred to in either of those paragraphs; or

specified in a declaration under subsection 5(15);

the relevant authority must:

by writing, request the declared ACT firefighting advisory committee to give the relevant authority written advice in relation to the matter within a reasonable period specified in the request; and

have regard to any such advice provided within that period.

by or under an ACT enactment; or

by a written instrument made by a Minister (including the Chief Minister) of the Australian Capital Territory;

is the declared ACT firefighting advisory committee for the purposes of subsection (9A).

an employee has been diagnosed by a legally qualified medical practitioner or psychologist as suffering, or having suffered, from post-traumatic stress disorder in accordance with the diagnostic criteria in:

(i) the Diagnostic and Statistical Manual of Mental Disorders, fifth edition text revision (DSM-5-TR), published by the American Psychiatric Association in 2022; or

(ii) if a later edition of the Diagnostic and Statistical Manual of Mental Disorders is specified by the Minister by legislative instrument—that later edition of the Manual; and

at any time before symptoms of post-traumatic stress disorder became apparent, the employee:

was employed as a first responder in accordance with subsection (13); or

was a member of a class of employees declared by the Minister, by legislative instrument made under subsection (13A), to be a class to which this subparagraph applies;

the employee’s employment as a first responder or as a member of the class of employees declared under subsection (13A) is, for the purposes of this Act, taken to have contributed, to a significant degree, to the contraction of the post-traumatic stress disorder, unless the contrary is established.

(a) was the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (all within the meaning of the Australian Federal Police Act 1979); or

was employed as a firefighter; or

was employed as an ambulance officer (including as a paramedic); or

was employed as an emergency services communications operator; or

(e) was a member of an emergency service (within the meaning of the Emergencies Act 2004 (ACT)); or

was the Australian Border Force Commissioner; or

was an APS employee in the Australian Border Force.

the attainment by the employee of a particular age;

the completion by the employee of a particular period of service; or

the receipt by the employee of an increase in salary, wages or pay by way of an increment in a range of salary, wages or pay applicable to the employee or to his or her office, position or appointment;

the normal weekly earnings of the employee before the injury, as calculated under the preceding subsections, shall be increased by the same percentage as the percentage by which that minimum amount per week is increased, or would have been increased, as the case may be.

an employee continues to be employed by the Commonwealth or a licensed corporation after the date of an injury; and

the minimum amount per week payable to the employee in respect of that employment is increased because of the promotion of the employee;

the normal weekly earnings of the employee before the injury, as calculated under the preceding subsections, shall be increased by the same percentage as the percentage by which that minimum amount per week is increased.

the employment of an employee is of a kind referred to in subsection 5(4) or (6) or subsection (3) of this section; and

the employee is not receiving earnings from any other employment at the date of the injury;

the normal weekly earnings of the employee before the injury shall be an amount determined by Comcare to be the amount per week that the employee would have been able to earn at the date of the injury (including any amount in respect of overtime worked on a regular basis) if he or she had engaged in suitable paid employment.

the operation of a law of the Commonwealth or of a State or Territory; or

the making, alteration or operation of an award, order, determination or industrial agreement or the doing of any other act or thing, under such a law.

the 1 July next following:

the date on which this Act receives the Royal Assent; or

the date of that cessation of employment;

whichever last occurs; and

each subsequent 1 July.

there was no increase in those earnings under subsection (6), (7) or (9); and

there was no reduction in those earnings under subsection (9).

where the employee continues to be employed by the Commonwealth or a licensed corporation—the amount per week of the earnings that the employee would receive if he or she were not incapacitated for work; or

where the employee has ceased to be employed by the Commonwealth or a licensed corporation—whichever is the greater of the following amounts:

the amount per week of the earnings that the employee would receive if he or she had continued to be employed by the Commonwealth or the licensed corporation in the employment in which he or she was engaged at the date of the injury;

the amount per week of the earnings that the employee would receive if he or she had continued to be employed by the Commonwealth or the licensed corporation in the employment in which he or she was engaged at the date on which the employment by the Commonwealth or the licensed corporation ceased;

the amount so calculated shall be reduced by the amount of the excess.

the operation of a law of the Commonwealth or of a State or Territory; or

the making, alteration or operation of an award, order, determination or industrial agreement, or the doing of any other act or thing, under such a law;

any part of that period that occurred before the variation, or last variation, took place shall be disregarded for the purposes of calculating the relevant period.

it would be impracticable to calculate under section 8 the normal weekly earnings of the employee before an injury; or

the normal weekly earnings as so calculated would not fairly represent the weekly rate at which the employee was being paid in respect of his or her employment by the Commonwealth or a licensed corporation before the injury;

subsection (2) shall not apply in that case, but the normal weekly earnings of the employee during that period shall be taken to be the amount that would have been his or her normal weekly earnings during that period if the variation had taken effect at the beginning of that period.

if, by virtue of another application or other applications of this section, this Act has effect as if another amount or amounts were substituted for the relevant amount—the substituted amount or the last substituted amount; or

in any other case—the relevant amount.

the Wage Price Index (total hourly rates of pay excluding bonuses/all sectors/all Australia/original) number published by the Australian Statistician in respect of that quarter; or

if:

a series of index numbers is prescribed for the purposes of this paragraph; and

the Australian Statistician publishes an index number in respect of the quarter; and

that index number belongs to the series;

that index number.

relevant amount means the amount specified in subsection 17(3), (4) or (5).

relevant year means:

the financial year starting on 1 July 2009; or

a later financial year.

Indexation

if, because of one or more other applications of this section, this Act has effect as if another amount or amounts were substituted for the relevant amount—the substituted amount or the last substituted amount; or

in any other case—the relevant amount.

Indexation factor

the Wage Price Index; or

another index;

then, for the purposes of the application of this section after the change took place or takes place, regard is to be had only to the index number published in terms of the new index reference period.

(a) a member of a Peacekeeping Force, for the purposes of Veterans’ Entitlements Act 1986; orPart IV of the

a dependant of such a member;

the person may, by notice in writing to Comcare, request that an amount (the compensation amount) of compensation under this Act to which the person is entitled, or may become entitled, not be paid to, or for the benefit of, the person.

ceases to be payable at the time of that receipt; and

if the amount would become payable during the period when the request is in force, does not become payable.

has effect on the receipt of the notice by Comcare; and

does not revive any entitlement to the compensation amount, as a result of making the request.

an injury sustained by an employee in the course of his or her employment, being an injury in respect of which the Commonwealth, Commonwealth authority or licensed corporation would, but for this subsection, be liable (whether vicariously or otherwise) for damages; or

the loss of, or damage to, property used by an employee resulting from such an injury;

whether that injury, loss or damage occurred before or after the commencement of this section.

an employee has suffered an injury in the course of his or her employment; and

that injury results in that employee’s death;

subsection (1) does not prevent a dependant of that employee bringing an action against the Commonwealth, a Commonwealth authority, a licensed corporation or another employee in respect of the death of the first-mentioned employee.

compensation is payable under section 24, 25 or 27 in respect of an injury to an employee; and

the Commonwealth, a Commonwealth authority, a licensed corporation or another employee would, but for subsection 44(1), be liable for damages for any non-economic loss suffered by the employee as a result of the injury;

the employee may, at any time before an amount of compensation is paid to the employee under section 24, 25 or 27 in respect of that injury, elect in writing to institute an action or proceeding against the Commonwealth, the Commonwealth authority, the licensed corporation or other employee for damages for that non-economic loss.

subsection 44(1) does not apply in relation to an action or other proceeding subsequently instituted by the employee against the Commonwealth, the Commonwealth authority, the licensed corporation or the other employee for damages for the non-economic loss to which the election relates; and

compensation is not payable after the date of the election under section 24, 25 or 27 in respect of the injury.

compensation is payable under this Act in respect of the death of an employee, an injury to an employee or the loss of, or damage to, property used by an employee;

the death, injury, loss or damage occurred in circumstances that appear to create a legal liability in a person (other than the Commonwealth, a Commonwealth authority, a licensed corporation or another employee) to pay damages in respect of the death, injury, loss or damage; and

the employee or a dependant of the deceased employee, as the case may be, makes a claim against that person for the recovery of such damages;

the employee or dependant must, as soon as practicable but in any event not later than 7 days after the day on which he or she first became aware of the claim, notify Comcare in writing of the claim.

compensation is payable under this Act in respect of the death of an employee or an injury to an employee; and

the employee, or a dependant of the deceased employee, as the case may be, makes a claim for damages in respect of the death or injury against the Commonwealth, a Commonwealth authority, a licensed corporation or another employee;

the employee or dependant must, as soon as practicable but in any event not later than 7 days after the day on which he or she first became aware of the claim, notify Comcare in writing of the claim.

an employee recovers damages in respect of an injury to the employee or in respect of the loss of, or damage to, property used by the employee, being an injury, loss or damage in respect of which compensation is payable under this Act; or

damages are recovered by, or for the benefit of, a dependant of a deceased employee in respect of the death of the employee and compensation is payable under this Act in respect of the injury that resulted in that death.

the amount of that compensation; or

the amount of the damages;

whichever is less.

as a result of a claim, or fresh claim, made by Comcare under section 50 (whether or not that claim progressed to the formal institution of proceedings); or

as a result of Comcare’s taking over the conduct of a claim under that section; or

as a result of an action for non-economic loss; or

by way of a settlement of such a claim or of such an action (whether or not that claim or that action progressed to the formal institution of proceedings).

references in that section to the Commonwealth were references to Comcare;

references in that section to the Commissioner were references to Comcare;

references in that section to compensation payable under the 1971 Act were references to compensation payable under this Act; and

the reference in subsection 99(9) to subsection 43(5) or (7) of the 1971 Act were a reference to subsection 17(5) of this Act.

compensation is payable under this Act in respect of an injury that resulted in the death of an employee; and

damages in respect of the death of the employee are recovered by or for the benefit of a prescribed dependant of the deceased employee;

this section applies in relation to that prescribed dependant.

the amount of the compensation referred to in paragraph (1)(a); or

the amount of the damages recovered by the prescribed dependant;

whichever is less.

the prescribed amount; or

the amount of the damages recovered by the prescribed dependant;

whichever is less.

shall be taken not to include:

any amount of compensation that Comcare is liable to pay for the benefit of a dependant of the deceased employee, being a dependant who is not entitled to recover damages in respect of the death of the employee, whether by reason of the operation of a statute of limitations or otherwise; and

any amount of compensation payable under subsection 17(5); and

shall be taken to be reduced by any amount that a dependant of the deceased employee is liable to pay to Comcare under section 48.

an amount of compensation under this Act:

is paid to an employee in respect of an injury to the employee or in respect of the loss of, or damage to, property used by the employee; or

is paid for the benefit of a dependant of a deceased employee in respect of an injury that resulted in the death of the employee;

the injury, loss, damage or death occurred in circumstances that appear to create a legal liability in a person to pay damages in respect of the injury, loss, damage or death; and

a claim against the person for the purpose of recovering such damages has not been made by the employee or by or for the benefit of the dependant, or, having been made, has not been prosecuted;

Comcare may make a claim or a fresh claim against the person in the name of the employee or dependant for the recovery of damages in respect of the injury, loss, damage or death or may take over the conduct of the existing claim, as the case requires.

take whatever steps are appropriate to bring the claim to a conclusion; and

if the claim is before a court—settle the proceedings either with or without obtaining judgment; and

if the claim is before a court and judgment has been obtained in favour of the plaintiff—take such steps as are necessary to enforce the judgment.

if the claim is not before a court or tribunal at the time of the failure—the Federal Court of Australia, on the application of Comcare, may direct that the document be signed on the employee or dependant’s behalf by a person appointed by Comcare; and

otherwise—the court or tribunal in which proceedings relating to the claim are being heard, on the application of Comcare, may so direct.

Comcare must notify the employee or dependant concerned of the fact that it is proposing to so apply; and

the employee or dependant concerned has a right of representation in the hearing of that application.

the employee or dependant must comply with any reasonable requirement of Comcare for the purposes of the claim; and

if the employee or dependant fails to comply with such a requirement, the right of the employee or dependant to compensation under this Act in respect of the injury, loss, damage or death to which the claim relates is suspended until such time as the employee or dependant complies with the requirement.

an amount equal to the total of all amounts of compensation paid to, or for the benefit of, the employee or dependant under this Act in respect of the injury, loss, damage or death to which the claim relates; and

the amount of any costs incidental to the claim paid by Comcare.

Comcare must pay the balance (if any) to the employee or dependant.

to pay damages to an employee in respect of an injury to the employee, or in respect of the loss of, or damage to, property used by the employee, being an injury, loss or damage in respect of which an amount of compensation has been paid under this Act; or

to pay damages to a dependant of a deceased employee in respect of the death of the employee, where that death resulted from an injury in respect of which an amount of compensation has been paid under this Act;

Comcare may, by notice in writing given to the person, require that:

if the person agrees to pay damages to the employee in respect of the injury, loss or damage or to the dependant in respect of the death; or

if damages against the person are awarded to the employee in proceedings arising out of a claim made in respect of the injury, loss or damage, or to the dependant in proceedings arising out of a claim made in respect of the death;

the person pay to Comcare so much of the amount of the damages as does not exceed the amount that would be payable by the employee or dependant to Comcare under section 48 or 49 if the damages had been paid to the employee or dependant.

a person has agreed:

to pay damages to an employee in respect of an injury to the employee, or in respect of the loss of, or damage to, property used by the employee, being an injury, loss or damage in respect of which an amount of compensation has been paid under this Act; or

to pay damages to a dependant of a deceased employee in respect of the death of the employee, where that death resulted from an injury in respect of which an amount of compensation has been paid under this Act; or

damages against a person have been awarded:

to an employee in proceedings arising out of a claim made in respect of an injury to the employee or in respect of the loss of, or damage to, property used by the employee, being an injury, loss or damage in respect of which an amount of compensation has been paid under this Act; or

to a dependant of a deceased employee in proceedings arising out of a claim made in respect of the death of the employee, where that death resulted from an injury in respect of which an amount of compensation has been paid under this Act;

Comcare may, by notice in writing given to the person, require the person to pay to Comcare so much of the amount of the damages as does not exceed the amount that would be payable by the employee or dependant to Comcare under section 48 or 49 if the damages had been paid to or in respect of the employee or dependant.

if all of the damages had been paid—the notice has no force or effect; or

if part only of the damages had been paid—the reference in that subsection to the amount of the damages shall be read as a reference to so much of that amount as had not been paid.

(a) a determination made under the Public Service Arbitration Act 1920; or

an award, determination or order made, or agreement entered into, under a law of the Commonwealth relating to workplace relations; or

an award, determination or order made, or agreement entered into, under a law of a State or Territory.

an employer has paid Comcare an amount to cover liability for actions for non-economic loss brought by its employees; and

(b) an employee takes action for non-economic loss against the employer or another employee of the employer (the party claimed against);

this section applies in relation to such action.

take over the conduct of that action on behalf of the party claimed against in the proceeding; and

if the action is before a court and Comcare thinks it appropriate to do so—apply to the court to join any other person as a party to the action.

take whatever steps are appropriate to bring the proceedings to a conclusion; and

if the action is before a court—settle the proceeding, either with or without obtaining judgment; and

if judgment is obtained in favour of the party claimed against—take such steps as are necessary to enforce the judgment.

if the action to which this section applies is not before a court or tribunal at the time of the failure—the Federal Court of Australia, on the application of Comcare, may direct that the document be signed on the party’s behalf by a person appointed by Comcare; and

otherwise—the court or tribunal in which proceedings relating to the action are being heard, on the application of Comcare, may so direct.

Comcare must notify the party concerned of the fact that it is proposing to so apply; and

the party concerned has a right of representation in the hearing of that application.

damages are awarded against the party claimed against; or

a settlement is agreed on that involves the payment of an amount by the party claimed against;

then, whether or not the conduct of that action was taken over by Comcare, Comcare must, on behalf of that party, pay any damages and costs awarded against that party in that action or any amount agreed to be paid by that party under the terms of settlement of that proceeding.

as soon as practicable after the employee becomes aware of the injury; or

if the employee dies without having become so aware or before it is practicable to serve such a notice—as soon as practicable after the employee’s death.

as soon as practicable after the employee becomes aware that the accident had resulted in the loss or damage; or

if the employee dies without having become so aware or before it is practicable to serve such a notice—as soon as practicable after the employee’s death.

a notice purporting to be a notice referred to in this section has been given to the relevant authority;

the notice, as regards the time of giving the notice or otherwise, failed to comply with the requirements of this section; and

the relevant authority would not, by reason of the failure, be prejudiced if the notice were treated as a sufficient notice, or the failure resulted from the death, or absence from Australia, of a person, from ignorance, from a mistake or from any other reasonable cause;

the notice shall be taken to have been given under this section.

a written claim in accordance with the form approved by Comcare for the purposes of this paragraph; and

except where the claim is for compensation under section 16 or 17—a certificate by a legally qualified medical practitioner in accordance with the form approved by Comcare for the purposes of this paragraph.

a notice has been given to a relevant authority under section 53 in relation to an employee; or

an employee has made a claim for compensation under section 54;

the relevant authority may require the employee to undergo an examination by one legally qualified medical practitioner nominated by the relevant authority.

the means of transport available to the employee for the journey;

the route or routes by which the employee could have travelled; and

the accommodation available to the employee.

provide that, for the purposes of a rehabilitation assessment or examination of an employee:

information in relation to the employee should be sought from the employee’s treating practitioner; and

the employee’s treating practitioner and the information (if any) provided by the treating practitioner should be relied on as much as possible before a referral is made to an independent medical practitioner, or other qualified person, in relation to the employee; and

specify the circumstances in which it is appropriate to require an employee to undergo a rehabilitation assessment or examination; and

specify limitations on the frequency and number of rehabilitation assessments or examinations that an employee may be required to undergo; and

specify the qualifications of the person or, if required under section 36, the panel of persons who may conduct a rehabilitation assessment or an examination of an employee; and

require the rehabilitation authority or the relevant authority (as the case requires) to seek, and take into account, the views of an employee, who is required to undergo a rehabilitation assessment or examination, about the selection of the person or, if required under section 36, the panel of persons who are to conduct the rehabilitation assessment or examination; and

require that an employee who is required to undergo a rehabilitation assessment or examination be given a notice of the employee’s rights relating to the rehabilitation assessment or examination.

has information or a document that is relevant to the claim; or

may obtain such information or a copy of such a document without unreasonable expense or inconvenience;

the relevant authority may, by notice in writing given to the claimant, request the claimant to give that information or a copy of that document to the relevant authority within 28 days after the date of the notice or within such further period (if any) as the relevant authority, on the request of the claimant, allows.

on request by a claimant—give to the claimant any document held by the authority that relates to the claimant’s claim; or

on request by the Commonwealth in respect of a claim affecting the Commonwealth or a Commonwealth authority—give to the Commonwealth any document held by the relevant authority that relates to the claim; or

on request by a licensed corporation in respect of a claim affecting the corporation—give to the corporation any document held by the relevant authority that relates to the claim.

a reference to a claim shall be read as a reference to the request under that section; and

a reference to the claimant shall be read as a reference to the person who made the request.

the applicant; and

if the applicant is not the claimant—the claimant; and

the body responsible for the reviewable decision.

if Comcare made the reviewable decision—Comcare; and

if the reviewable decision has been made by or on behalf of a licensee—the licensee.

the terms of the determination;

the reasons for the determination; and

a statement to the effect that the claimant may, if dissatisfied with the determination, request a reconsideration of the determination under subsection 62(2).

reconsider a determination made by it; or

cause such a determination to be reconsidered by a person to whom its power under this section is delegated, being a person other than the person who made, or was involved in the making of, the determination;

whether or not a proceeding has been instituted or completed under this Part in respect of a reviewable decision made in relation to that determination.

the claimant; or

if the determination affects the Commonwealth—the Commonwealth; or

if the determination affects a Commonwealth authority—that Commonwealth authority.

set out the reasons for the request; and

be given to the determining authority within 30 days after the day on which the determination first came to the notice of the person making the request, or within such further period (if any) as the determining authority, either before or after the expiration of that period, allows.

the claimant; or

if the decision affects the Commonwealth—the Commonwealth; or

if the decision affects a Commonwealth authority—the Commonwealth authority; or

if the decision affects a corporation that holds a licence under Part VIII—the licensed corporation.

the application is referred to the guidance and appeals panel under section 122 of that Act; or

a guidance and appeals panel application is taken to be made because the Administrative Review Tribunal’s decision on the review is referred to the guidance and appeals panel under section 128 of that Act.

a claimant who has instituted proceedings under this Part seeks to adduce any matter in evidence before the Administrative Review Tribunal in those proceedings; and

the claimant had not disclosed that matter to the Tribunal at least 28 days before the day fixed for the hearing of those proceedings;

that matter is not admissible in evidence in those proceedings without the leave of the Tribunal.

a determining authority has determined a claim and, before doing so, gave the claimant a notice under the authority the information, document or copy of the document, specified in the notice;section 58 requesting the claimant to give

the claimant failed to comply with the notice; and

the claimant had the information, document or copy, or could have obtained the information, document or copy without unreasonable expense or inconvenience before the determination was made;

the information, document or copy shall not, without leave of the Administrative Review Tribunal, be admissible in proceedings instituted under this Part in relation to the determination.

the claimant provides a statement of reasons why he or she failed to comply with the notice under section 58; and

the Tribunal is satisfied that there are special circumstances justifying the admission of the information, document or copy in evidence.

if the determination affected the Commonwealth or a Commonwealth authority other than a licensed authority—Comcare; and

if the determination affected a Commonwealth authority, or a corporation, that holds a licence under Part VIII authorising acceptance of liability for claims in respect of which the determination is made—that authority or corporation; and

if the determination affected a Commonwealth authority that holds a licence under Part VIII but the licence does not authorise acceptance of liability for claims in respect of which the determination is made—Comcare.

(a) a determining authority has determined a claim (in this subsection called the original determination);

(b) the authority, before making that determination, gave the claimant a notice under relevant information);section 58 requesting the claimant to give it the information specified in the notice (in this subsection called the

the claimant failed to comply with the notice;

at the time when the authority determined the claim, it did not have the relevant information nor was the relevant information reasonably available to it;

after the claim was determined, the claimant disclosed the relevant information to the authority or to the Administrative Review Tribunal;

the authority reconsidered the original determination under subsection 62(1) and made a determination more favourable to the claimant than the original determination;

the authority is satisfied that, if it had had the relevant information at the time when the original determination was made, it would have made a determination more favourable to the claimant than the original determination; and

the responsible authority would, but for subsection (5), be liable under subsection (2), to reimburse the claimant for costs reasonably incurred by the claimant;

the determining authority may make a declaration, in writing, that subsection (2) does not apply to those costs.

(a) a determining authority has determined a claim (in this section called the original determination);

(b) the authority, before making that determination, gave the claimant a notice under relevant document);section 58 requesting the claimant to give it a document, or a copy of the document, specified in the notice (in this subsection called the

the claimant failed to comply with the notice;

at the time when the authority determined the claim, it did not have the information contained in the relevant document nor was that information reasonably available to it;

after the claim was determined, the claimant gave the document, or a copy of the document, or the information contained in the relevant document, to the authority or to the Administrative Review Tribunal;

the authority reconsidered the original determination under subsection 62(1), and made a determination more favourable to the claimant than the original determination;

the authority is satisfied that, if it had had the information contained in the relevant document at the time when the original determination was made, it would have made a determination more favourable to the claimant than the original determination; and

the responsible authority would, but for subsection (5), be liable, under subsection (2), to reimburse the claimant for costs reasonably incurred by the claimant;

the determining authority may make a declaration, in writing, that subsection (2) does not apply in relation to those costs.

varying a reviewable decision in a manner favourable to the claimant; or

setting aside a reviewable decision and making a decision in substitution for the reviewable decision that is more favourable to the claimant than the reviewable decision;

the Tribunal may, subject to this section, order that the costs of those proceedings incurred by the claimant, or a part of those costs, shall be paid by the responsible authority.

if the Tribunal varies the relevant reviewable decision in a manner less favourable to the claimant, or sets aside the relevant reviewable decision and substitutes a decision that is less favourable to the claimant—Comcare; or

in any other case—the Commonwealth.

(a) the authority, before making the reviewable decision, gave the claimant a notice under relevant information); andsection 58 requesting the claimant to give Comcare or authority information specified in the notice (in this subsection called the

the Tribunal is satisfied that:

the claimant failed to comply with that notice;

at the time when the authority made the reviewable decision, it did not have the relevant information, nor was the relevant information reasonably available to it; and

if the authority had had the relevant information at the time when it made the reviewable decision it would have made a decision more favourable to the claimant than the reviewable decision.

(a) the determining authority, before making the reviewable decision, gave the claimant a notice under relevant document); andsection 58 requesting the claimant to give the authority a copy of the document specified in the notice (in this subsection called the

the Tribunal is satisfied that:

the claimant failed to comply with that notice;

at the time when the authority made the reviewable decision, it did not have the information contained in the relevant document, nor was that information reasonably available to it; and

if the authority had had the information contained in the relevant document at the time when it made the reviewable decision it would have made a decision more favourable to the claimant than the reviewable decision.