Sections 1, 2 and 3 and Part 8 commence on the day on which this Act receives the Royal Assent.

Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

If a provision referred to in subsection (2) does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

The Minister may by legislative instrument declare a ship to be a prescribed ship.

The Minister may by legislative instrument declare a ship not to be a prescribed ship.

In this Act, unless the contrary intention appears:

employee means:

(2) For the purposes of this Act, an industry trainee or a person mentioned in paragraph (c) of the definition of employee is taken to be employed by the Fund until he or she next becomes a seafarer, and his or her employment is taken to be constituted by his or her attendance:

If a default event occurs in relation to the employer of a seafarer or of a company trainee, then, for the purposes of this Act, the seafarer or company trainee is taken to be employed by the Fund.

If a provision of this Act applies to an employee after an employer has incurred a liability in relation to the employee under this Act, then, unless the contrary intention appears, a reference in that provision to an employee includes a reference to that person even after he or she ceases to be an employee.

To avoid doubt, a reference in this Act to the employment of an employee is a reference to:

In a claim for compensation under section 29, if it is established that a prescribed ship has not been heard of for at least 3 months, the ship is taken to have been lost with all on board immediately after the ship was last heard of.

A copy of:

This section does not limit the circumstances in which an injury to an employee may be treated as having arisen out of, or in the course of, his or her employment.

An injury is also to be treated as having so arisen, for the purposes of this Act, if it happened:

For the purposes of this section:

If an employee owns or occupies a parcel of land contiguous with the land on which the employee’s residence is situated, the boundary referred to in subsection (2A) is the external boundary of all of the contiguous parcels of land if treated as a single parcel.

Subparagraph (2)(e)(i), (ii), (iii), (iv), (v) or (vi) does not apply if the travel:

Subsection (2) does not apply if an employee is injured:

In this section:

required course of training means:

If:

For the purposes of this Act, if an employee contracts a disease, any employment in the maritime industry in which he or she was engaged at any time before symptoms of the disease first became apparent is taken, unless the contrary is established, to have contributed in a material degree to the contraction of the disease if the incidence of the disease among people who have engaged in such employment is significantly greater than it is among people who have engaged in other employment.

For the purposes of this Act, if an employee suffers an aggravation of a disease, any employment in the maritime industry in which he or she was engaged at any time before symptoms of the aggravation first became apparent is taken, unless the contrary is established, to have contributed in a material degree to the aggravation if the incidence of the aggravation of the disease among people suffering from it who have engaged in such employment is significantly greater than it is among people suffering from the disease who have engaged in other employment.

If:

For the purposes of this Act, the death of an employee is taken to have resulted from a disease, or an aggravation of a disease, if, apart from that disease or aggravation, as the case may be, the death of the employee would have happened at a significantly later time.

For the purposes of this Act, an incapacity for work, or an impairment, of an employee is taken to have resulted from a disease, or an aggravation of a disease, if, apart from that disease or aggravation, as the case may be:

For the purposes of this Act, a disease suffered by an employee, or an aggravation of such a disease, is not taken to be an injury to the employee if the employee has at any time, for purposes connected with his or her employment or proposed employment in the maritime industry, made a wilful and false representation that he or she did not suffer, or had not previously suffered, from that disease.

For the purposes of this Act, if an employee who is a seafarer suffers an injury, the employee’s normal weekly earnings are an amount equal to the amount payable weekly to the employee by way of salary under the contract of employment that applied to his or her employment immediately before the injury happened.

For the purposes of this Act, if an employee who is a trainee suffers an injury, the employee’s normal weekly earnings are an amount equal to the amount that would have been payable weekly to the employee by way of salary under the industrial instrument or National Employment Standards that, apart from the injury, would have applied to his or her employment immediately after the completion of the training course.

For the purposes of this Act, if an employee who is attending a Seafarers Engagement Centre suffers an injury, the employee’s normal weekly earnings are an amount equal to the amount specified in an industrial instrument for the purposes of this subsection.

For the purposes of this Act, if an employee (other than an employee to whom subsection (1), (2) or (3) applies) suffers an injury, the employee’s normal weekly earnings are an amount equal to the amount that was payable weekly to the employee by way of salary under the contract of employment that applied to his or her employment immediately before the injury happened.

If the amount per week payable to an employee in respect of his or her employment before the injury is increased, or would have been increased, because of the operation of an industrial instrument, the National Employment Standards or a contract of employment if the employee had continued in that employment, because the employee:

If the amount per week payable to employees in a class to which the employee belonged when the injury happened is later increased or reduced as a result of:

For the purposes of this Act, a person is taken to have been wholly or partly dependent on an employee at the date of the employee’s death if the person would have been so dependent apart from an incapacity of the employee that resulted from an injury.

For the purposes of this Act, a person who, immediately before the date of an employee’s death, lived with the employee and was:

For the purposes of this Act, other than subsection 29(5), a child of a deceased employee who was born alive after the employee’s death must be treated as if he or she had been born immediately before the employee’s death and was wholly dependent on the employee at the date of the employee’s death.

In determining, for the purposes of this Act, whether a child is or was dependent on an employee, the following are not to be taken into account:

This Act applies to the employment of employees on a prescribed ship that is engaged in trade or commerce:

This Act also applies to the employment of employees on any prescribed ship that:

However, this Act does not apply because of subsection (1A) to a prescribed ship that is covered by a declaration in force under subsection (1D).

(1C) The Authority may declare in writing that this Act applies to a prescribed ship that would be an off-shore industry vessel, or a trading ship, within the meaning of the Navigation Act 1912 if that Act had not been repealed.

(1D) The Authority may declare in writing that this Act does not apply because of subsection (1A) to a prescribed ship that would be an off-shore industry vessel, or a trading ship, within the meaning of the Navigation Act 1912 if that Act had not been repealed.

A declaration made under subsection (1C) or (1D) is not a legislative instrument.

This Act also has the effect it would have if:

This Act also has the effect it would have if:

This Act also has the effect it would have if:

Subsection (3) does not have the effect of applying this Act with respect to:

The Authority may, in writing, either generally or as otherwise provided in the exemption, exempt the employment on a particular ship of all employees, of a particular group or particular groups of employees, or of a particular employee or particular employees, from the application of:

An exemption is subject to any conditions set out in the exemption.

If an exemption is in force in respect of a ship, those Acts (other than this section) do not apply, to the extent stated in the exemption, in relation to the employment on the ship of employees to whom the exemption applies so long as any conditions of the exemption are complied with.

The Authority must not grant an exemption if the proposed exemption would be inconsistent with an obligation of Australia under an international agreement.

This Act binds the Crown in right of the Commonwealth.

This Act does not permit the Crown to be prosecuted for an offence.

In this section:

commencing day means the day on which this section commences.

index number, in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of that quarter.

relevant amount means the amount specified in subsection 30(2), 31(9), (10) or (11), 39(9), 41(2), 43(2) or (4) or 44(1).

relevant year means the period of 12 months starting on 1 July 1992, and each later period of 12 months.

Subject to subsection (3), if (whether before, on or after the commencing day) the Australian Statistician has published or publishes an index number in respect of a quarter in substitution for an index number previously published in respect of that quarter, the publication of the later index number must be disregarded for the purposes of this section.

If (whether before, on or after the commencing day) the Australian Statistician has changed or changes the index reference period for the Consumer Price Index, then, for the purposes of the application of this section after the change took place or takes place, regard must only be had to the index number published in terms of the new index reference period.

If the factor worked out under subsection (5) in relation to a relevant year is greater than one, this Act has effect as if for each relevant amount there were substituted, on the first day of that relevant year, an amount worked out by multiplying by that factor:

The factor worked out in relation to a relevant year is the number (calculated to 3 decimal places) worked out by dividing the index number of the December quarter immediately before the relevant year by the index number for the December quarter immediately before that first-mentioned December quarter.

If the factor worked out in relation to a relevant year would, if it were calculated to 4 decimal places, end with a number greater than 4, the factor in relation to that relevant year is taken to be the factor calculated to 3 decimal places in accordance with subsection (5) and increased by 0.001.

In this section:

index number, in relation to a quarter, means:

If the indexation factor for a relevant year is greater than one, this Act has effect as if for each relevant amount there were substituted, on the first day of that relevant year, an amount calculated by multiplying by that factor:

(3) For the purposes of this section, the indexation factor for a relevant year is the number calculated, to 3 decimal places, using the formula:

where:

base December quarter means the last December quarter before the reference December quarter.

reference December quarter means the last December quarter before the relevant year.

If the number calculated under subsection (3) for a relevant year would, if it were calculated to 4 decimal places, end with a number greater than 4, the number so calculated is increased by 0.001.

Other provisions

Subject to subsection (6), if at any time, whether before or after the commencement of this section, the Australian Statistician has published or publishes an index number for a quarter in substitution for an index number previously published for that quarter, the publication of the later index number is to be disregarded for the purposes of this section.

If at any time, whether before or after the commencement of this section, the Australian Statistician has changed or changes the reference base for:

If an employee suffers an injury that results in his or her death, incapacity for work, or impairment, compensation is payable for the injury.

Compensation is not payable for an intentionally self-inflicted injury.

Compensation is not payable for an injury that is not intentionally self-inflicted but is caused by the serious and wilful misconduct of the employee, unless the injury results in death, or serious and permanent impairment.

If:

For the purposes of subsection (1), expenditure incurred by an employee in the necessary replacement or repair of property is taken to include any fees or charges paid or payable by the employee to a legally qualified medical practitioner or dentist, or other qualified person, for a consultation, examination, prescription, or other service reasonably rendered in connection with the replacement or repair.

Compensation is not payable under this section if the loss or damage is caused by the serious and wilful misconduct of the employee.

If an employee:

Subsection (1) applies whether or not the injury results in death, incapacity for work, or impairment.

For the purposes of subsection (1), the cost of medical treatment involving the supply, replacement or repair of property used by an employee, is taken to include any fees or charges paid or payable by the employee to a legally qualified medical practitioner or dentist, or other qualified person, for a consultation, examination, prescription or other service reasonably required in connection with that supply, replacement or repair.

An amount of compensation under subsection (1) is payable:

If an employer is liable to pay any cost referred to in subsection (1), any amount paid under subsection (4) to the person to whom that cost is payable is, to the extent of the payment, a discharge of the liability of the employer.

Subject to subsection (7), if compensation in respect of the cost of medical treatment is payable under subsection (1), the employer is liable to pay to the employee an amount of compensation in respect of expenditure reasonably incurred by the employee in doing either or both of the following:

The amount of compensation that the employer is liable to pay in respect of the journey is:

The amount of compensation that the employer is liable to pay in respect of the employee remaining at a place for the purpose of obtaining the treatment is an amount equal to the expenditure so reasonably incurred in remaining for that purpose.

Compensation is not payable under subsection (6) unless:

The matters to be taken into account in deciding questions arising under subsections (6), (6A), (6AA), (6B) and (7) include:

If:

This section applies if an injury to an employee results in the employee’s death.

Subject to this section and sections 28 and 30, if the employee dies without leaving dependants, compensation is not payable for the injury.

If the employee dies leaving dependants some or all of whom were, at the date of the employee’s death, wholly dependent on the employee:

If the employee dies without leaving dependants who were wholly dependent on the employee at the date of the employee’s death, but leaving dependants who were partly dependent on the employee at that date:

If:

Compensation is not payable under subsection (5) in respect of:

An amount of compensation paid or payable under this Act before the death of an employee:

If an amount of compensation is payable under subsection (3) or (4) for the benefit of 2 or more dependants of the deceased employee, the employer must determine the shares of those dependants in that amount as it thinks fit, having regard to any losses suffered by those dependants as a result of the cessation of the employee’s earnings.

A reference in this section to a dependant of a deceased employee is a reference to a dependant by or on behalf of whom a claim is made for compensation under this section.

If claims for compensation under subsection (3) or (4) are made by or on behalf of 2 or more dependants of a deceased employee, the employer must make one determination in respect of those claims.

If an injury to an employee results in death, compensation is payable for the cost of the employee’s funeral to the person who paid the cost of the funeral or, if that cost has not been paid, to the person who carried out the funeral.

The amount of compensation is such amount, not exceeding $3,500, as the employer determines is reasonable, having regard to:

If an employer is liable to pay the cost of the funeral of an employee, any amount paid under this section to the person who carried out the funeral is, to the extent of the payment, a discharge of the liability of the employer.

This section applies to an employee who is incapacitated for work as a result of an injury, other than an employee to whom section 33, 34, 35, 36 or 37 applies.

Subject to subsection (3) and this Part (other than this section), compensation for the injury is payable to the employee, for each of the first 45 weeks (whether consecutive or otherwise) during which the employee is incapacitated, of an amount worked out using the formula:

where:

Normal weekly earnings means the amount of the employee’s normal weekly earnings.

Earnings in suitable employment means the amount per week (if any) that the employee is able to earn in suitable employment.

(3) If the employee is a seafarer, the compensation payable under subsection (2) is payable for each of the first 45 weeks (whether consecutive or otherwise) after the date on which the seafarer is left on shore at, or returned to, his or her home port (as defined in the Navigation Act 2012).

Subject to this Part (other than this section), compensation for the injury is payable to the employee, for each week during which the employee is incapacitated, being a week to which subsection (2) does not apply.

The amount of compensation per week payable under subsection (4) to an employee is:

If:

(7) If an amount of compensation worked out under subsection (5) is more than 150% of the amount called the Average Weekly Ordinary Time Earnings of Fulltime Adults, as published from time to time by the Australian Statistician, the amount so worked out must be reduced by an amount equal to the excess.

If an amount of compensation worked out under paragraph (5)(a) is less than the minimum earnings of the employee, the amount so worked out must be increased by an amount equal to the difference between that amount and the minimum earnings.

For the purposes of subsection (8), the minimum earnings of an employee are taken to be:

If there are one or more prescribed persons wholly or mainly dependent on the employee, the amount of $62.99 must be added to the amount of $254.46 specified in paragraph (9)(a).

If there are one or more prescribed children (whether born before, on or after the date of the injury) wholly or mainly dependent on the employee, the amount of $31.50 for each of those children must be added to the amount of $254.46 specified in paragraph (9)(a), but an amount must not be so added for a child in relation to any period before the date of birth of that child.

If a prescribed child is:

If 2 or more prescribed children are each:

For the purposes of this section the normal weekly hours of an employee who is not employed on a ship are:

This section applies to an employee who:

Compensation is payable to the employee for the injury under this section for each week after the date of the retirement during which the employee is incapacitated.

The amount of compensation is an amount worked out using the formula:

where:

Unadjusted amount of compensation means the amount of compensation that would have been payable to the employee for a week if:

This section applies to an employee who:

Compensation is payable to the employee for the injury under this section for each week after the date of the retirement during which the employee is incapacitated.

The amount of compensation is an amount worked out using the formula:

where:

Unadjusted amount of compensation means the amount of compensation that would have been payable to the employee for a week if:

In this section:

approved deposit fund has the same meaning as in the Income Tax Assessment Act 1997.

rolled-over means paid as a roll-over superannuation benefit (within the meaning of the Income Tax Assessment Act 1997).

superannuation fund has the same meaning as in Subdivision AA of Division 2 of Part III of the Income Tax Assessment Act 1936 (as in force just before the commencement of Schedule 1 to the Superannuation Legislation Amendment (Simplification) Act 2007).

This section applies to an employee who:

Compensation is payable to the employee for the injury under this section for each week after the date of the retirement during which the employee is incapacitated.

The amount of compensation is an amount worked out using the formula:

where:

Unadjusted amount of compensation means the amount of compensation that would have been payable to the employee for a week if:

In this section:

approved deposit fund has the same meaning as in section 34.

rolled-over has the same meaning as in section 34.

superannuation fund has the same meaning as in section 34.

This section applies to an employee who:

Compensation is payable to the employee for the injury under this section for each week after the date of the retirement during which the employee is incapacitated.

The amount of compensation is an amount worked out using the formula:

where:

Unadjusted amount of compensation means the amount of compensation that would have been payable to the employee for a week if:

In this section:

approved deposit fund has the same meaning as in section 34.

rolled-over has the same meaning as in section 34.

superannuation fund has the same meaning as in section 34.

If:

An amount determined under subsection (1) must not be less than one-half of, nor more than, the amount per week of compensation that would have been payable to the employee under section 31 had that section applied to the employee.

Compensation is not payable under this Division to an employee who has reached pension age.

However, if an employee who has reached the age that is one year before pension age suffers an injury:

Compensation is not payable under section 31, 33, 34, 35 or 36 in respect of any period during which the employee is imprisoned for committing an offence.

Subject to section 45, if a determination is made that an amount of compensation is payable to an employee under section 44 for an injury, compensation is not payable to the employee under section 31, 33, 34, 35 or 36 in respect of a period of incapacity for work resulting from the injury, being a period after the day on which the determination is made.

If an injury to an employee results in a permanent impairment, compensation is payable to the employee for the injury.

For the purpose of determining whether an impairment is permanent, the employer must have regard to the following matters:

Subject to this section, the amount of compensation payable to the employee is an amount assessed under subsection (4) by the employer, being an amount that is not more than the maximum amount at the date of the assessment.

The amount assessed must be an amount that is the same percentage of the maximum amount as the percentage determined under subsection (5).

The employer under this section must determine the degree of permanent impairment of the employee resulting from an injury under the provisions of the approved Guide.

The degree of permanent impairment must be expressed as a percentage.

Subject to section 40, where the degree of permanent impairment of the employee, as determined under this section, is less than 10%, an amount of compensation is not payable to the employee under this section.

Subsection (7) does not apply to one or more of the following:

For the purposes of this section, the maximum amount is $100,778.56.

If an employer:

The amount assessed under subsection (1) must be an amount that is the same percentage of the maximum amount specified in subsection 39(9) as the percentage worked out in the interim determination under subsection (1) to express the degree of permanent impairment of the employee.

If, after an amount of compensation has been paid to an employee following the making of an interim determination, a final determination is made of the degree of permanent impairment of the employee, there is payable to the employee an amount equal to the difference (if any) between the amount payable under section 39 on the making of the final determination and the amount paid to the employee under this section.

If a final assessment is made of the degree of permanent impairment of an employee, no further amounts of compensation are payable to the employee in respect of a subsequent increase in the degree of impairment, unless the increase is 10% or more.

If an injury to an employee results in a permanent impairment and compensation is payable for the injury under section 39, the employer is liable to pay additional compensation in accordance with this section to the employee for any non-economic loss suffered by the employee as a result of the injury or impairment.

The amount of compensation is an amount worked out using the formula:

where:

Degree of permanent impairment means the percentage finally determined under section 39 to be the degree of permanent impairment of the employee.

Degree of non-economic loss means the percentage determined under the approved Guide, by the employer, to be the degree of non-economic loss suffered by the employee.

The Authority may, from time to time, prepare a written document, to be called the “Guide to the Assessment of the Degree of Permanent Impairment”, setting out:

The Authority may, from time to time, by instrument in writing, vary or revoke the approved Guide.

A document prepared by the Authority under subsection (1), and an instrument under subsection (2), have no force or effect unless and until approved by the Minister.

A Guide prepared under subsection (1), or a variation or revocation of a Guide under subsection (2), that is approved by the Minister is a legislative instrument made by the Minister on the day on which he or she approves the Guide, variation or revocation.

If an employer or the ART is required to assess or reassess, or review the assessment or reassessment of, the degree of permanent impairment of an employee resulting from an injury, or the degree of non-economic loss suffered by an employee, the assessment, reassessment or review must be made in accordance with the approved Guide.

The percentage of permanent impairment or non-economic loss suffered by an employee as a result of an injury ascertained under the methods referred to in paragraph (1)(c) may be 0%.

In preparing criteria for the purposes of paragraphs (1)(a) and (b), or in varying those criteria, the Authority must have regard to medical opinion concerning the nature and effect (including possible effect) of the injury and the extent (if any) to which impairment resulting from the injury, or non-economic loss resulting from the injury or impairment, may reasonably be capable of being reduced or removed.

The Authority must make copies of the approved Guide and of any approved variation of that Guide, available upon application by a person and payment of the prescribed fee (if any).

If, as a result of an injury (other than a catastrophic injury) to an employee, the employee obtains household services that he or she reasonably requires, compensation is payable at the rate of such amount per week as is reasonable in the circumstances.

The amount of compensation payable per week under subsection (1) for household services:

Without limiting the matters that may be taken into account in determining the household services that are reasonably required in a particular case, the employer must have regard to the following matters:

If, as a result of an injury (other than a catastrophic injury) to an employee, the employee obtains attendant care services that he or she reasonably requires, compensation is payable at the rate of:

Without limiting the matters that may be taken into account in determining the attendant care services that are reasonably required in a particular case, the employer must have regard to the following matters:

An employer is not liable to pay compensation under subsection (1) in respect of any week within the period of 28 days starting on the day of the injury unless the employer determines otherwise in a particular case on the ground of financial hardship or the need to provide for adequate supervision of dependent children.

An amount of compensation payable under subsection (1) or (4) is payable:

If an amount of compensation is paid to a person who provided household services or attendant care services to an employee, the payment of the amount is, to the extent of the payment, a discharge of the liability of the employee to pay for those services.

If, as a result of a catastrophic injury to an employee, the employee obtains household services that he or she reasonably requires, compensation is payable at the rate of such amount per week as is reasonable in the circumstances.

Without limiting the matters that may be taken into account in determining the household services that are reasonably required in a particular case, the employer must have regard to the following matters:

If, as a result of a catastrophic injury to an employee, the employee obtains attendant care services that he or she reasonably requires, compensation is payable at the rate of such amount per week as is reasonable in the circumstances.

Without limiting the matters that may be taken into account in determining the attendant care services that are reasonably required in a particular case, the employer must have regard to the following matters:

An amount of compensation payable under subsection (1) or (3) is payable:

If an amount of compensation is paid under subsection (1) or (3) to a person who provided household services or attendant care services to an employee, the payment of the amount is, to the extent of the payment, a discharge of the liability of the employee to pay for those services.

If:

The amount of the lump sum is the amount worked out using the formula:

where:

Amount per week means the amount per week payable to the employee under section 31, 33, 34, 35 or 36 as the case may be, at the date of the determination.

Specified rate means the specified rate, expressed as a decimal fraction, applicable at the date of the determination.

y [number of years] means the number (calculated to 3 decimal places) worked out by dividing by 365 the number of days in the period beginning on the day after the date of the determination and:

(2A) If the number worked out under the definition of y [number of years] in subsection (2) would, if it were calculated to 4 decimal places, end with a number greater than 4, the number is taken to be the number calculated to 3 decimal places in accordance with that definition and increased by 0.001.

The Minister may, from time to time, by legislative instrument, specify a rate for the purposes of subsection (2).

If:

The amount of compensation is an amount per week equal to the amount per week that would, but for the payment of the lump sum, have been payable to the employee under section 31, 33, 34, 35 or 36 as the case may be, for the incapacity, less the amount per week that was redeemed at the date of the determination under section 44.

For the purposes of subsections 38(4) and 45(2), account must not be taken of a determination that the liability of an employer to make further payments to an employee under section 31, 33, 34, 35 or 36 is to be redeemed if the determination:

Paragraph (1)(b) does not apply if a further determination is made by a tribunal or court, being a determination under which the liability of the employer to make further payments to the employee under section 31, 33, 34, 35 or 36 is to be redeemed.

Subject to subsection (2), if, in relation to a day in respect of which compensation is payable to an employee under section 31, 33, 34, 35, 36, 37 or 45, an amount is paid or payable to the employee by the employer by way of salary, wages or pay, the amount of compensation payable under that section in respect of that day must be reduced by the amount so paid or payable to the employee.

If, in relation to a day in respect of which compensation is payable to an employee under section 31, 33, 34, 35, 36, 37 or 45, an amount is payable to the employee in relation to recreation leave, the amount must not be paid and the employee must be recredited with a day’s recreation leave.

In this section, a reference to an amount paid or payable to an employee by the employer does not include a reference to:

In this Part:

ART Act means the Administrative Review Tribunal Act 2024.

ART extension application means an application under section 19 of the ART Act that relates to a review of a reviewable decision or an extension of time decision.

claimant means a person in respect of whom a determination is made.

decision has the same meaning as in the ART Act.

determination means a determination, decision or requirement made by the employer under section 13, 26, 27, 28, 29, 30, 31, 33, 34, 35, 36, 37, 39, 40, 41, 43, 43A, 44, 45, 49, 50, 51, 66 or 126.

extension of time decision means a decision of the Authority under paragraph 72(1)(b), 73(2)(c) or 73A(1)(b).

guidance and appeals panel has the same meaning as in the ART Act.

guidance and appeals panel application has the same meaning as in the ART Act.

reviewable decision means a decision made under section 78.

For the purposes of this Part, the parties to proceedings instituted under this Part are:

As soon as practicable after an employer makes a determination, the employer must cause to be served on the claimant a notice in writing setting out:

This section does not apply in relation to a determination under subsection 28(1) that compensation of an amount equal to the full amount of the cost of medical treatment obtained by an employee is payable if that amount of compensation is payable to a person other than the employee.

An employer may, on the employer’s own initiative, reconsider a determination made by the employer, 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.

A claimant may, by notice in writing given to an employer, request the employer to reconsider a determination made by the employer.

A request for reconsideration of a determination must:

On receipt of a request, the employer must for the purposes of this section:

After making arrangements under paragraph (4)(a) or (b), the employer must, with the assistance of the industry panel or the Comcare officer, reconsider the determination.

After an employer reconsiders a determination, the employer must make a decision affirming or revoking the determination or varying the determination in such manner as the employer thinks fit.

This section has effect subject to section 88(1A).

In this section:

industry panel means an industry panel established under an industrial agreement for the purposes of assisting the employer in reconsidering a determination under this section.

If a claimant requests an employer to reconsider a determination made by the employer, the employer must reconsider the determination before the later of the following times:

If the employer, by notice under the authority, as the case may be.section 83 given to the claimant within the period referred to in paragraph (1)(a) (or, if that period has been increased under subsection (3), within that period as so increased), requests the claimant to give information or a document or a copy of a document, or an authority to obtain information or a document or a copy of a document, that period is increased or further increased, as the case may be, by the number of days occurring after the day on which the request was made and before the day on which the employer receives the information, the document or copy of the document or

If the employer, by notice under section 83A given to the claimant within the period referred to in paragraph (1)(a) (or, if that period has been previously increased under subsection (2), within that period as so previously increased), requires the employee to undergo an examination by a medical practitioner and requires the claimant to give the employer the report by the medical practitioner of the results of the examination, that period is increased, or that period as so previously increased is further increased, as the case may be, by the number of days occurring after the day on which the request was made and before the day on which the employer receives the report.

A request under paragraph (1)(b) must state fully and in detail the circumstances concerning, and the reasons for, the employer’s request for the Authority to allow a longer period.

A notice under paragraph (1)(b) does not have any effect unless it is served on the employer before the end of the period by which, apart from the notice, the employer would be required to reconsider the determination (including any period previously allowed under that paragraph).

If the employer has not determined the claim by the end of the period allowed by this section, the employer is taken to have made a decision, at the end of that period, disallowing the claim.

Subject to section 84, if:

A claimant who has received a notice under subsection (1) is taken to have complied with the notice if the claimant gives the employer the information, the document or a copy of the document, or the authority, referred to in the notice.

If a claimant, without reasonable excuse, does not comply with a notice under subsection (1), the employer may refuse to reconsider a determination under subsection 78(2) until the claimant gives the employer the information, or the document or a copy of the document, or the authority, referred to in the notice.

If a claimant has requested the employer to reconsider a determination under subsection 78(2), the employer may, by written notice given to the claimant, require:

An employee must not be required to be examined by more than one legally qualified medical practitioner in any examination that the employee is required to undergo under subsection (1).

Subject to subsection (7), an employer who requires an employee to undergo an examination under this section must pay the cost of the examination and is liable to pay to the employee:

If the journey referred to in paragraph (3)(a) is made by means of public transport or ambulance service, the expenditure referred to in that paragraph is taken to be an amount equal to the expenditure reasonably incurred in undertaking the journey.

If the journey referred to in paragraph (3)(a) is made by means of a private motor vehicle, the expenditure referred to in that paragraph is taken to be the amount worked out using the formula:

where:

specified rate per kilometre means such rate per kilometre as the Minister specifies, by legislative instrument, under this subsection in respect of journeys to which this subsection applies.

number of kilometres travelled means the number of whole kilometres that the employer determines to have been the reasonable length of such a journey (including the return part of the journey).

If the place where the employee is residing is not the place where the employee normally resides, the amount payable in respect of the journey is not to exceed the amount that would be payable if the journey were made from the place where the employee normally resides.

An employer is not required to pay an amount to an employee under subsection (3) unless:

In deciding questions arising under subsections (3), (4), (5), (6) and (7), the employer making the decision must have regard to the following matters:

An employee must not be required to undergo an examination under this section at more frequent intervals than are stated by the Minister by legislative instrument.

If the employer does not receive a report by the medical practitioner of the results of the examination of the employee, the employer may refuse to reconsider the determination under section 78 until the employer receives the report.

If:

If:

Application may be made to the ART by a claimant for review of a reviewable decision.

Section 31 (decision cannot be altered outside Tribunal process) of the ART Act applies to the reviewable decision if:

Despite section 17 of the ART Act, no person other than the claimant may make an application under subsection (1).

The ART Act applies in relation to:

Section 57 of the ART Act has effect as if the reference to places in Australia or an external Territory were a reference to any place, whether within or outside Australia.

Despite within 60 days after the person making the application is served with notice of the decision.section 18 (when to apply—general rule) of the ART Act, an application to the ART for review of a reviewable decision must be made

If:

If:

If:

If:

The ART must not give leave under subsection (2) or (2A) unless:

Subject to this section, the costs incurred by a party to proceedings instituted under this Part in respect of that reviewable decision are to be borne by that party.

Subject to this section, if proceedings instituted under this Part in respect of a reviewable decision relating to a determination are rendered abortive because a decision has been made, following a reconsideration under subsection 78(1), varying or revoking that determination, the employer is liable to reimburse the claimant for costs reasonably incurred by the claimant in connection with that proceeding.

If:

If:

An employer must give a copy of a declaration made by it under subsection (3) or (4) to the claimant.

Application may be made to the ART for a review of a decision by an employer to make a declaration under subsection (3) or (4).

If, in any proceedings instituted by the claimant, the ART makes a decision:

If the ART gives a decision setting aside a reviewable decision and remitting the case for re-determination by the employer, the ART must, subject to this section, order that costs of the proceedings before it incurred by the claimant are to be paid by the employer.

Neither subsection (1) nor (2) authorises the ART to order an employer to pay any costs incurred by a claimant in relation to an application for an extension of time for applying to the ART for a review of a reviewable decision.

If, in any proceedings, the ART varies or sets aside a reviewable decision, the ART must not make an order under subsection (1) or (2) in favour of a claimant in relation to the costs of those proceedings if:

If, in any proceedings, the ART varies or sets aside a reviewable decision, the ART must not make an order under subsection (1) or (2) in favour of a claimant in relation to the costs of those proceedings if:

Subject to subsection (2), an employer, other than the Fund, must on each day:

Subsection (1) is an offence of strict liability.

A policy of insurance or indemnity, or the terms of membership of a protection and indemnity association or of an employers’ mutual indemnity association, may require that an employer be liable in respect of an amount specified in the policy or terms of membership, as the case may be.

An employer applying to an authorised insurer for the issue or renewal of a policy of insurance or indemnity against liability under this Act must give the insurer a full and correct statement of all salaries or wages paid to employees for the period relevant to working out the premium payable under the policy.

A policy of insurance or indemnity is not subject to stamp duty or any other tax under a law of a State or Territory.

An employer must give the Authority the name and address of the authorised insurer, the protection and indemnity association or the employers’ mutual indemnity association within 14 days of:

Subsection (1) is an offence of strict liability.

The Fund must on each day have a policy of insurance or indemnity from an authorised insurer for any amount of the Fund’s liability under this Act that exceeds the prescribed amount for a single event which results in an injury to one or more employees.

Before advising the Governor-General about the making of a regulation prescribing an amount for this section, the Minister must consult the Fund and such organisations which represent employers or employees as the Minister thinks appropriate.

A failure to consult as required by subsection (2) does not affect the validity of a regulation prescribing an amount for the purposes of this section.

The Fund must give the Authority such financial information as the Authority determines in writing and at such times as the Authority determines.

Subsection (1) is an offence of strict liability.

If a declaration is made under the Authority must:section 100,

Without limiting the generality of the Authority may, by notice in writing, require an employer to give the Authority, within such reasonable period as is specified in the notice, such documents or information (or both) as are specified in the notice, being documents or information in the possession or control of the employer that are relevant to the compilation of statistics for injury prevention purposes.section 105,

Without limiting the generality of the Authority may, by notice in writing, require an employer to give the Authority, within such reasonable period as is specified in the notice, such documents or information (or both) as are specified in the notice, being documents or information in the possession or control of the employer that are relevant to a claim made by, or in relation to, an employee of the employer.section 105, if a declaration is made under section 100

An employer must not fail to comply with a request made under subsection (1) or (2).

Subsection (3) is an offence of strict liability.

Subsection (3) does not apply if the person has a reasonable excuse.

Subject to subsection (2), the Minister may, by notice in writing given to the Chairperson, give a direction to the Authority with respect to the performance of its functions or the exercise of its powers.

The Minister is not to give a direction under subsection (1) in relation to a particular case.

The Authority must comply with a direction given under subsection (1).

The members referred to in paragraphs 109(a), (b), (c) and (d) are to be appointed by the Minister.

The members referred to in paragraph 109(c) are to be appointed on the nomination of an organisation or organisations that the Minister is satisfied represents the interests of employers.

The members referred to in paragraph 109(d) are to be appointed on the nomination of an organisation or organisations that the Minister is satisfied represents the interests of employees.

A member is to hold office on a part-time basis.

The Chairperson and Deputy Chairperson are to hold office, subject to this Act, for such term, not exceeding 5 years, as is specified in the instrument of appointment, but are eligible for re-appointment.

An appointed member other than the Chairperson or Deputy Chairperson is to hold office, subject to this Act, for such term, not exceeding 3 years, as is specified in the instrument of appointment, but is eligible for re-appointment.

A member referred to in paragraph 109(c) or (d) may, with the approval of the Minister, appoint a person to be the deputy of that member.

The member referred to in paragraph 109(e) may appoint a person who is an officer or employee of the Australian Maritime Safety Authority to be his or her deputy.

A member referred to in paragraph 109(c) or (d) may revoke the appointment of his or her deputy but the revocation is not effective until the member has given written notice of the revocation to the Minister.

The member referred to in paragraph 109(e) may revoke the appointment of his or her deputy.

A deputy is entitled, in the absence of the member who appointed him or her from a meeting of the Authority, to attend that meeting and, when so attending, is taken to be a member.

A deputy may resign the office of deputy by delivering to the member who appointed him or her a signed notice of resignation.

Anything done by or in relation to a deputy purporting to act under this section is not invalid merely because:

The Chairperson and Deputy Chairperson are to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no such determination is in operation, the Chairperson and Deputy Chairperson are to be paid such remuneration as is prescribed.

A member and the deputy of a member are to be paid such allowances as are prescribed.

(3) This section has effect subject to the Remuneration Tribunal Act 1973.

The Minister may grant the Chairperson leave to be absent from a meeting or meetings of the Authority.

The Chairperson may grant another member leave to be absent from a meeting or meetings of the Authority.

A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Authority must, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of the interest at a meeting of the Authority.

A disclosure must be recorded in the minutes of the meeting of the Authority and the member must not, unless the Minister or the Authority otherwise determines:

For the purpose of making a determination by the Authority under subsection (2) in relation to a member who has made a disclosure, a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates must not:

In this section:

member includes a person who is acting in the office of a member.

The Minister may terminate an appointed member’s appointment for misbehaviour or physical or mental incapacity.

If an appointed member:

The Authority must meet as often as is necessary for the efficient performance of its functions but must meet at least once in the period of 3 months beginning on the day on which the Authority is established and at least once in each successive period of 3 months.

A member may convene a meeting of the Authority.

At a meeting of the Authority:

Questions arising at a meeting of the Authority must be determined by the majority of the votes of the members present and voting at the meeting.

If the Authority so determines, a resolution is taken to have been passed at a meeting of the Authority if, without meeting, a majority of the members who would, if present at a meeting and entitled to vote on the resolution at that meeting, have formed a quorum indicate agreement with the resolution in accordance with a method determined by the Authority.

The Chairperson is to preside at all meetings of the Authority at which he or she is present.

If the Chairperson is not present at a meeting of the Authority, the Deputy Chairperson is to preside at the meeting.

The member presiding at a meeting of the Authority has a deliberative vote and, if necessary, also has a casting vote.

Subject to this section, the Authority may determine the procedure to be followed at its meetings.

The Authority may, by resolution, delegate all or any of the Authority’s functions and powers to the Chief Executive Officer of Comcare.

A delegation under subsection (1):

(3) A certificate signed by the Chairperson stating any matter with respect to a delegation of a power or function under subsection (1) is prima facie evidence of that matter.

A document purporting to be a certificate under subsection (3) is, unless the contrary is established, taken to be a certificate and to have been duly signed.

Subdelegation by CEO of Comcare

(5) Despite paragraph 34AB(1)(b) of the Acts Interpretation Act 1901, the Chief Executive Officer of Comcare may, by signed writing, delegate all or any of the functions and powers delegated under subsection (1) to: