Seafarers Rehabilitation and Compensation

Act 1992

No. 234 of 1992

TABLE OF PROVISIONS—continued

TABLE OF PROVISIONS—continued

TABLE OF PROVISIONS—continued

TABLE OF PROVISIONS—continued

Seafarers Rehabilitation and Compensation

Act 1992

No. 234 of 1992

An Act relating to rehabilitation and workers’ compensation for seafarers and certain other persons, and for related purposes

[Assented to 24 December 1992]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Division 1—Short title and commencement

Short title

1. This Act may be cited as the Seafarers Rehabilitation and Compensation Act 1992.

Commencement

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

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

(3)     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.

Division 2—Definitions

General definitions

3. In this Act, unless the contrary intention appears:

“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:

“approved industry training course” means an industry training course approved in writing by the Authority for the purposes of this definition;

“approved program provider” has the meaning given by section 48;

“attendant care services”, in relation to an employee, means services (other than household services, medical or surgical services or nursing care) required for the essential and regular personal care of the employee;

“Authority” means the Seafarers Rehabilitation and Compensation Authority established by section 103;

“CERC Act” means the Commonwealth Employees’ Rehabilitation and Compensation Act 1988;

“certified agreement” has the same meaning as in the Industrial Relations Act 1988;

“Chairperson” means the Chairperson of the Authority;

“claim” means a claim under Part 5;

“claimant”, in relation to a time after the death of a claimant, means the claimant’s legal personal representative;

“Comcare” has the same meaning as in the CERC Act;

“Comcare officer” means a person referred to in subsection 88(1) of the CERC Act;

“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 31 or 37;

“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;

“default event”, in relation to an employer, happens when:

(a) the employer:

(i) becomes bankrupt or insolvent; or

(v) if the employer is a body corporate—ceases to exist; or

(vi) no longer engages in trade or commerce in Australia; and

“dependant”, in relation to a deceased employee, means a person:

(a)     who is the spouse of the employee; or

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

Note: see also section 16.

“dependent” means dependent for economic support;

“disease” means:

(a)     any ailment suffered by an employee; or

(b)     the aggravation of any such ailment;

being an ailment or an aggravation that was contributed to in a material degree by the employee’s employment;

“employee” has the meaning given in section 4;

“financial corporation” means a financial corporation within the meaning of paragraph 51(xx) of the Constitution;

“foreign corporation” means a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and includes a body that is incorporated in an external Territory;

“Fund” has the meaning given in section 96;

“Government ship” means a ship:

(a)     that belongs to the Commonwealth or a State or Territory; or

and includes a ship that belongs to an arm of the Defence Force, but does not include a ship:

“household services”, in relation to an employee, means services of a domestic nature (including cooking, house cleaning, laundry and gardening services) 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 the whole or part of any bodily system or function;

“injury” means:

(a)     a disease; or

but does not include anything suffered by an employee as a result of reasonable disciplinary action taken against the employee, or failure by the employee to obtain a promotion, transfer or benefit in connection with his or her employment;

“loss”, in relation to property used by an employee, includes destruction;

“medical treatment” means:

(g)     treatment and maintenance as a patient at a hospital; or

“member” means a member of the Authority;

“Navigation Act” means the Navigation Act 1912;

“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 worked out under section 13;

“permanent” means likely to continue indefinitely;

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

(a)     the place in Australia where the employee normally resides; or

“place of work”, in relation to an employee, means any place at which the employee is required to attend for the purpose of carrying out the duties of his or her employment and:

“prescribed child” means:

(a)     a person under 16; or

(b)     a person who:

(i) is 16 or over but under 25; and

“prescribed person”, in relation to an employee, means:

(a)     the spouse of the employee; or

(b)     any of the following who is 16 or over:

Note: see also sections 16 and 17.

“prescribed ship” means:

(a)     a ship to which Part II of the Navigation Act applies; or

but does not include a Government ship;

“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 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;

“seafarer” means a person employed in any capacity on a prescribed ship, on the business of the ship, other than:

(a)     a pilot; or

(b)     a person temporarily employed on the ship in port; or

“seafarer berth” means a berth on a prescribed ship that is normally used by a seafarer;

“spouse” includes:

“suitable employment”, in relation to an employee who has suffered an injury in respect of which compensation is payable under this Act, means any employment (including self-employment) for which the employee is suited having regard to:

(d)     any other relevant matter;

“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:

employee’s employer or any former employer—the amount of that part; or

“superannuation scheme” means any superannuation scheme or superannuation fund under which an employer makes contributions on behalf of his or her employees;

“therapeutic treatment” includes:

(b) treatment given for the purpose of alleviating an injury;

“trading corporation” means a trading corporation within the meaning of paragraph 51(xx) of the Constitution;

“trainee” means a person who:

Employees

4.(1) In this Act, unless the contrary intention appears:

“employee” means:

(a)     a seafarer; or

(b)     a trainee; or

(2) For the purposes of this Act, an employee who is not a seafarer 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:

(a)     at an approved industry training course; or

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

(4)     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.

Employees lost at sea

5.(1) 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.

(2) A copy of:

(a)     an agreement; or

(b)     a list of the employees on a prescribed ship; or

which has been prepared for a legal purpose is, in the absence of proof to the contrary, sufficient proof that the employees named in the document were on board the prescribed ship at the time of the loss.

Injuries suffered by employees

6. A reference in this Act to an injury suffered by an employee is, unless the contrary intention appears, a reference to an injury suffered by the employee for which compensation is payable under this Act.

Injuries etc. resulting from medical treatment

7. For the purposes of this Act, an injury or ailment suffered by an employee as a result of medical treatment of an injury is taken to be an injury if, but only if:

Incapacity for work

8. A reference in this Act to an incapacity for work is a reference to an incapacity suffered by an employee as a result of an injury, being:

(a)     an incapacity to engage in any work; or

Injury arising out of, or in the course of, employment

9.(1) 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.

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

(b)     if the employee is a seafarer:

(e)     while the employee:

(B)     receiving medical treatment for an injury; or

(F) receiving money due 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 his or her employer, was available, or reasonably expected by the employee to be available, for collection at that place; or

(3) Subparagraph (1)(e)(i), (ii), (iii), (iv), (v) or (vi) does not apply if the travel:

(4) Subsection (1) does not apply if an employee is injured:

(a)     while at a place referred to in that subsection; or

(b)     during an ordinary recess in his or her employment; because he or she voluntarily and unreasonably submitted to an abnormal risk of injury.

Provisions relating to diseases

10.(1) If:

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

(2)     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.

(3)     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.

(4) If:

(b)     the injury is a disease or an aggravation of a disease;

the employee is taken, for the purposes of this Act, to have suffered the injury on the day when:

whichever happens first.

(5)     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.

(6)     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:

(a)     the incapacity or impairment would not have occurred; or

(7) 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.

Hearing impairment—time when suffered

11. If an employee suffers a hearing impairment as a result of an injury, the employee is taken, for the purposes of this Act, to suffer the injury on the day on which the employee gives a notice of the injury under section 62.

Serious and wilful misconduct

12. For the purposes of this Act, an employee who is under the influence of alcohol or a drug (other than a drug prescribed for the employee by a legally qualified medical practitioner or dentist and used by the employee in accordance with that prescription) is taken to have engaged in serious and wilful misconduct.

Normal weekly earnings

13.(1) 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.

(2)     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 award, determination or certified agreement that, apart from the injury, would have applied to his or her employment immediately after the completion of the training course.

(3)     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 a certified agreement for the purposes of this subsection.

(4)     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.

(5)     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 award, determination, industrial agreement or contract of employment if the employee had continued in that employment, because the employee:

(a)     reaches a particular age; or

(b)     completes a particular period of service; or

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

(6) 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:

the normal weekly earnings of the employee before the injury, as worked out under the preceding subsections, must be increased or reduced by the same percentage as that by which that amount per week was so increased or reduced, as the case may be.

Recovery of damages

14. For the purposes of this Act, damages are taken to have been recovered by an employee, or by or for the benefit of a dependant of a deceased employee, when the amount of the damages was paid to, or for the benefit of, the employee or dependant, as the case may be.

Persons who are wholly or partly dependent

15.(1) 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.

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

(a)     the employee’s spouse; or

(b)     a prescribed child of the employee;

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

(3)     For the purposes of this Act, other than subsection 29(5), a son or daughter 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.

(4)     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:

(b)     an amount of pension under Part 2.20 of that Act.

Ex-nuptial and adoptive relationships

16. Relationships mentioned in:

(a)     paragraph (b) of the definition of “dependant” in section 3; or

are, for the purposes of this Act, taken to include:

(c)      ex-nuptial relationships; and

(d)     relationships by adoption; and

Persons caring for prescribed children

17. For the purposes of the definition of “prescribed person” in section 3, a person who has the care of a child referred to in subparagraph (b)(iii) of that definition must not be treated as not wholly or mainly maintained by the relevant employee merely because the employee pays the person remuneration for caring for the child.

Division 3—Miscellaneous preliminary provisions

Extent of Act

18. This Act extends to all places outside Australia, including the external Territories.

Application of Act

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

(a)     between Australia and places outside Australia; or

(b)     among the States; or

(2) This Act also has the effect it would have if:

(3) This Act also has the effect it would have if:

(4) This Act also has the effect it would have if:

(5) This Act does not apply with respect to:

(b)     State insurance that does not so extend.

Act not to apply to CERC Act employees

20. Despite any other provision of this Act, this Act does not apply to a person who is an employee within the meaning of the CERC Act.

Act binds Crown etc.

21.(1) This Act binds the Crown in right of the Commonwealth.

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

Amounts of compensation

22. An amount of compensation payable under a provision of this Act in respect of an injury is, unless the contrary intention appears, in addition to an amount of compensation paid or payable under any other provision of this Act in respect of that injury.

Indexation

23.(1) 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 29(3), (4) or (5), 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.

(2)     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.

(3)     If (whether before, on or after the commencing day) the Australian Statistician has changed or changes the reference base 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 reference base.

(4) 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:

(b)     in any other case—the relevant amount.

(5)     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.

(6)     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 that subsection and increased by 0.001.

Liability to pay compensation

24. The liability of an employer to pay compensation to a person under this Act is the liability of the employer to pay the amount or amounts that the employer determines, in accordance with this Act, to be payable to the person.

Compensation to be paid in full

25. Subject to subsection 29(4) and sections 30 to 37 (inclusive), 47, 55, 58 and 139, compensation in respect of an injury must be paid in full by an employer whose employment has made a material contribution to the injury.

PART 2—COMPENSATION

Division 1—Injuries, property loss or damage, medical expenses

Compensation for injuries

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

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

(3)     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.

Compensation for property loss or damage

27.(1) If:

compensation of an amount equal to the expenditure reasonably incurred by the employee in the necessary replacement or repair of the property is payable to the employee.

(2)     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.

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

Compensation for medical and related expenses

28.(1) If an employee:

(a)     suffers an injury; and

compensation is payable for the cost of the medical treatment, of such amount as is appropriate, having regard to the nature of the treatment.

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

(3)     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.

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

(a)     to, or in accordance with the directions of, the employee; or

(5)     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.

(6)     Subject to subsection (7), if compensation for the cost of medical treatment is payable, compensation is payable to the employee of an amount equal to the amount of the expenditure reasonably incurred by the employee:

(7) Compensation is not payable under subsection (6) unless:

(a)     the journey covered a substantial distance; or

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

(d)     the accommodation available to the employee.

(9) If:

(a)     an employee suffers an injury; and

compensation of an amount equal to that expenditure is payable to the person who incurred the expenditure.

Division 2—Injuries resulting in death

Compensation for injuries resulting in death

29.(1) This section applies if an injury to an employee results in the employee’s death.

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

(3)     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:

(b)     that compensation is payable for the benefit of those dependants.

(4) 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:

(b)     that compensation is payable for the benefit of those dependants.

(5) If:

compensation is payable at the rate of $50.38 per week and that compensation is payable to, or in accordance with the directions of:

(d)     if the prescribed child is 18 or over—the child; or

from the date of the employee’s death or the date of the birth of the child, whichever is later.

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

(a)     any period during which the child is not a prescribed child; and

(b)     in the case of a child referred to in paragraph (5)(c)—any period

during which, if the employee had not died, the child would not have been wholly or mainly dependent upon the employee.

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

(a)     is not affected by subsection (2); and

(8)    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.

(9)    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.

(10) If claims for compensation under this section 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.

Compensation in respect of funeral expenses

30.(1) 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.

(2) The amount of compensation is such amount, not exceeding $1,889.60, as the employer determines is reasonable, having regard to:

(3) 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.

Division 3—Injuries resulting in incapacity for work

Compensation for injuries resulting in incapacity

31.(1) 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.

(2) 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 proper return port.

(4)    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.

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

able to earn during that week in suitable employment, results in an amount equal to 95% of his or her normal weekly earnings; or

(6) If:

subsection (5) applies in relation to the employee as if he or she were covered by paragraph (5)(f).

(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.

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

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

whichever is less.

(10)      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).

(11)      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.

(12)      If a prescribed child is:

(a) a prescribed person in relation to the employee; and

(b) the only prescribed person who is wholly or mainly dependent on the employee; subsection (11) does not apply to the child.

(13) If 2 or more prescribed children are each:

(a)     a prescribed person in relation to the employee; and

(b)     wholly or mainly dependent on the employee;

subsection (10) applies to one of those children and subsection (11) applies to the rest.

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

(b)     in any other case—38 hours.

(15) In this section:

“proper return port” has the same meaning as in the Navigation Act.

Determination of suitable employment

32. An employer who determines, for the purposes of section 31, the amount per week that an employee is able to earn in suitable employment must have regard to the following:

(g)   any other matter that the employer considers relevant.

Compensation for injuries resulting in incapacity where employee is in receipt of a superannuation pension

33.(1) This section applies to an employee who:

(a)     is incapacitated for work as a result of an injury; and

(2)     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.

(3)     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:

(b) the week were a week referred to in subsection 31(4);

“Superannuation amount” means the superannuation amount received by the employee that week under a superannuation scheme;

“Superannuation contributions” means the amount of superannuation contributions that would have been required to be paid by the employee in that week if he or she were still contributing to the superannuation scheme.

Compensation for injuries resulting in incapacity where employee is in receipt of a lump sum benefit

34.(1) This section applies to an employee who:

(a)     is incapacitated for work as a result of an injury; and

(b)     retires (whether voluntarily or otherwise) from his or her

employment at any time after the commencement of this section; and

(2)     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.

(3)    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:

(b) the week were a week referred to in subsection 31(4);

“Superannuation amount” means the superannuation amount received by the employee as a lump sum;

“Superannuation contributions” means the amount of superannuation contributions that would have been required to be paid by the employee in that week if he or she were still contributing to the superannuation scheme.

(4) In this section:

“approved deposit fund” has the same meaning as in Subdivision AA of Division 2 of Part III of the Income Tax Assessment Act 1936;

“rolled-over” has the same meaning as in Subdivision AA of Division 2 of Part III of the Income Tax Assessment Act 1936;

“superannuation fund” has the same meaning as in Subdivision AA of Division 2 of Part III of the Income Tax Assessment Act 1936.

Compensation for injuries resulting in incapacity where employee rolled-over part of a lump sum benefit

35.(1) This section applies to an employee who:

(a)     has been incapacitated for work as a result of an injury; and

(2)     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.

(3)     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:

(b) the week were a week referred to in subsection 31(4);

“Amount not rolled-over” means the amount not rolled-over or withdrawn from the superannuation fund or approved deposit fund to which the lump sum benefit was rolled-over;

“Lump sum benefit” means the amount of the lump sum benefit received by the employee;

“Superannuation amount” means the superannuation amount received by the employee as a lump sum.

(4) 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.

Compensation for injuries resulting in incapacity where the employee rolled-over the whole of a lump sum benefit

36.(1) This section applies to an employee who:

(a)     has been incapacitated for work as a result of an injury; and

(2)     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.

(3)    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:

(b) the week were a week referred to in subsection 31(4);

“Superannuation contributions” means the amount of superannuation contributions that would have been required to be paid by the employee in that week if he or she were still contributing to the superannuation scheme.

(4) 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.

Compensation where employee is maintained in a hospital

37.(1) If:

compensation is payable to the employee for the injury of the amount, for each week during which the employee is so maintained, determined by the person liable to pay the compensation, having regard to:

(2) 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 for incapacity not payable in certain cases

38.(1) If an employee who has not reached 64 suffers an injury, compensation is not payable under this Division for the injury after the person reaches 65.

(2)     If an employee who has reached 64 suffers an injury, compensation is not payable under this Division for the injury after the end of the period of 12 months starting on the day on which the injury happened.

(3)     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.

(4)     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.

Division 4—Injuries resulting in permanent impairment

Compensation for injuries resulting in permanent impairment

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

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

(a)     the duration of the impairment;

(b)     the likelihood of improvement in the employee’s condition;

(d)     any other relevant matters.

(3)     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.

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

(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.

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

(7)     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.

(8)     Subsection (7) does not apply to an impairment resulting from the loss of, or injury to, a finger or toe.

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

Interim payment of compensation

40.(1) If an employer:

the employer must, on the written request of the employee made at any time before the final determination is made, make an interim determination of the degree of permanent impairment under section 39 and assess an amount of compensation payable to the employee.

(2)     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.

(3)     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.

(4)     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.

Compensation for non-economic loss

41.(1) 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.

(2) 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.

Approved Guide

42.(1) 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:

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

(3)     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.

(4)     If an employer or the Administrative Appeals Tribunal 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.

(5)     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%.

(6)     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.

(7)     When a document prepared by the Authority in accordance with subsection (1), or an instrument under subsection (2), has been approved by the Minister, the Authority must cause copies of the document or instrument, as the case may be, to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives those copies.

(8)     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).

(9)     Sections 48 (other than paragraphs (1)(a) and (b) and subsection (2)), 49 and 50 of the Acts Interpretation Act 1901 apply in relation to a document, being the approved Guide or an instrument varying or revoking that Guide that has been approved by the Minister, as if, in those sections, references to regulations were references to such a document and references to a regulation were references to a provision of such a document.

(10) For the purpose of the application of the provisions of the Acts Interpretation Act 1901 in accordance with subsection (9), a document referred to in that subsection is taken to have been made on the date on which it was approved by the Minister under this section.

Division 5—Household and attendant care services

Compensation for household services and attendant care services

43.(1) If, as a result of an 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.

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

(a)     must not be more than $251.94; and

(3) 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:

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

(a)     $251.94 per week; or

whichever is less.

(5) 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:

(6) 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.

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

(b)     in any other case—to the person who provided those services.

(8) 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.

Division 6—Miscellaneous

Redemption of compensation

44.(1) If:

(b)     the amount of those payments is $62.99 per week or less; and

the employer must make a determination that any liability to make further payments to the employee under that section be redeemed by the payment to the employee of a lump sum.

(2) 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 worked out by dividing by 365 the number of days between the date of the determination and the day on which the employee reaches 65 (rounded to 3 decimal places).

(3) The Minister may, from time to time, by notice in writing, specify a rate for the purposes of subsection (2).

Recurrent payments after payment of lump sum

45.(1) If:

(b)     the incapacity is likely to continue indefinitely;

compensation is payable to the employee under this section during the period of the incapacity.

(2) 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.

Cancelled determinations not to affect certain payments of compensation

46.(1) 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:

(a)     is revoked by the employer; or

(b)     is set aside by a tribunal or court.

(2) 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.

Reduction of compensation in certain cases

47.(1) 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.

(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 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.

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

PART 3—REHABILITATION

Approved rehabilitation program providers

48. In this Part:

“approved program provider” has the same meaning as in the CERC Act.

Assessment of capability of undertaking rehabilitation program

49.(1) If an employee suffers an injury that lasts, or is expected to last, 28 days, which results in an impairment or an incapacity for work, the employee’s employer must, within 28 days after receiving notice of the injury, arrange for the assessment of the employee’s capability of undertaking a rehabilitation program.

(2) An assessment must be made by:

(3)     The employer may require the employee to undergo an examination by the person or panel of persons making the assessment.

(4)     If an employee, without reasonable excuse, does not undergo an examination in accordance with a requirement, or in any way obstructs such an examination, the employee’s rights to compensation under this Act, and to institute or continue any proceedings under this Act in relation to compensation, are suspended until the examination takes place.

(5)     If an employee’s right to compensation is suspended under subsection (4), compensation is not payable in respect of the period of the suspension.

(6)     The employer must pay the cost of conducting any examination of an employee and is liable to pay to the employee:

examination, at a place to which the employee has made a journey for that purpose.

(7) In deciding questions arising under subsection (6), the employer must have regard to the following matters:

(a)     the means of transport available to the employee for the journey;

(b)     the route or routes by which the employee could have travelled;

(c)     the accommodation available to the employee.

(8) If an examination is carried out, the person or persons who carried out the examination must give the employer a written assessment of the employee’s capability of undertaking a rehabilitation program, specifying, where appropriate, the kind of program which he or she is capable of undertaking and containing any other information relating to the provision of a rehabilitation program for the employee that the employer may require.

Provision of rehabilitation programs

50.(1) If an employee of an employer is assessed under section 49 as capable of undertaking a rehabilitation program, the employer must, after consulting the employee in relation to:

(a)     the selection of an approved program provider; and

make arrangements with an approved program provider for the provision of an appropriate rehabilitation program.

(2)     The cost of any rehabilitation program provided for an employee under this section must be paid by the employer.

(3)     If an employee is undertaking a rehabilitation program under this section, compensation is not payable to the employee under section 31, 33, 34, 35, 36 or 45 but:

(4)     An employee who is entitled to compensation under subsection (3) during a period is not entitled to receive an amount under Part 2.10 of the Social Security Act 1991 during that period.

(5)     If an employee, without reasonable excuse, does not undertake a rehabilitation program provided for the employee under this section, the employee’s rights to compensation under this Act, and to institute or continue any proceedings under this Act in relation to compensation, are suspended until the employee starts to undertake the program.

(6)     If an employee’s right to compensation is suspended under subsection (5), compensation is not payable in respect of the period of the suspension.

Compensation payable in respect of certain alterations etc.

51.(1) If:

(a)     an employee suffers an injury resulting in an impairment; and

compensation is payable of such amount as is reasonable for the costs, payable by the employee, of:

being alterations, modifications or aids or appliances reasonably required by the employee, having regard to the nature of the employee’s impairment and, where appropriate, the requirements of the rehabilitation program.

(2) Without limiting the matters that may be taken into account in determining the amount of compensation payable in a particular case under subsection (1), the employer making the determination must have regard to such of the following matters as are relevant in that case:

(d)     any alternative means of transport available to the employee;

(3) An amount of compensation payable under this section is payable:

(a)     to, or in accordance with the directions of, the employee; or

(4) If an employer is liable to pay any cost referred to in subsection (1), any amount paid under subsection (3) to the person to whom that cost is payable is, to the extent of the payment, a discharge of the liability of the employer.

Duty to provide suitable employment

52. If an employee is undertaking, or has completed, a rehabilitation program, his or her employer must take all reasonable steps to provide the employee with suitable employment, or to assist the employee to find such employment.

PART 4—LIABILITIES ARISING APART FROM THIS ACT

Interpretation

53.(1) In this Part:

(i) owns the prescribed ship; or

(ii) manages the prescribed ship; or

(iii) is chartering the prescribed ship; or

(iv) operates the prescribed ship; and

(i) is performing duties on the prescribed ship; or

(2) For the purposes of paragraphs (l)(d) and (e), the question whether bodies corporate are related to each other is to be determined in the same manner as the question whether bodies corporate (within the meaning of the Corporations Law) are related to each other is determined under the Corporations Law.

Employee not to have right to bring action for damages against employer etc. in certain cases

54.(1) Subject to section 55, a person does not have a right to bring an action or other proceedings against his or her employer, or an employee of the employer in respect of:

(2)     Subsection (1) applies whether that injury, loss or damage occurred before or after the commencement of this section.

(3)     Subsection (1) does not apply in relation to an action or proceeding instituted before the commencement of this section.

Actions for damages—election by employees

55.(1) If:

the employee may make an election in accordance with subsection (2) to institute an action or proceeding against the employer or other employee for damages for that non-economic loss.

(2) An election:

(b)     must be given to the employer in respect of the injury; and

(c)     must be in writing.

(3)     An election is irrevocable.

(4)     If an employee makes an election:

(5) In any action or proceeding instituted because of an election made by an employee, the court is not to award the employee damages of an amount exceeding $138,570.52 for any non-economic loss suffered by the employee.

Notice of proceedings against third party

56. If:

the employee or dependant must notify the employer in writing of those proceedings as soon as practicable but in any event not later than 7 days after the day on which he or she first became aware that those proceedings had been instituted.

Penalty: 5 penalty units.

Notice of proceedings against employer

57. If:

the employee or dependant must notify the employer in writing of those proceedings as soon as practicable but in any event not later than

7 days after the day on which he or she first became aware that those proceedings had been instituted.

Penalty: 5 penalty units.

Compensation not payable if damages recovered

58.(1) This section applies if:

(2)     The employee or dependant must, not later than 28 days after the day on which the damages were recovered, notify the employer in writing of the recovery of the damages and the amount of the damages. Penalty: 10 penalty units.

(3)     If, before the recovery of the damages by, or for the benefit of, the employee or dependant, any compensation under this Act was paid to the employee in respect of the injury, loss or damage, or to, or for the benefit of, the dependant in respect of the injury that resulted in the death of the employee, as the case may be, the employee or dependant is liable to pay to the employer an amount equal to:

(a)     the amount of that compensation; or

(b)     the amount of the damages;

whichever is less.

(4)     Compensation is not payable under this Act to the employee in respect of the injury, loss or damage, or to, or for the benefit of, the dependant in respect of the injury that resulted in the death of the employee, after the date on which the damages were recovered by the employee or by, or for the benefit of, the dependant, as the case may be.

(5)     Subsection (3) does not apply if the damages were recovered in proceedings instituted by the employee as a result of an election by the employee under section 55, or by way of a settlement of such proceedings.

(6)     Subsection (4) does not apply if the damages were recovered:

(d) by way of settlement of those proceedings.

(7)     A reference in subsection (3) to compensation under this Act that was paid for the benefit of a dependant does not include a reference to compensation paid under subsection 29(5).

(8)     If an employee, or a dependant of an employee, establishes to the satisfaction of the employer that a part of the damages referred to in subsection (1) did not relate to an injury, loss or damage in respect of which compensation is payable under this Act, subsection (3) applies in relation to that employee or dependant as if the amount of the damages were an amount equal to so much of the amount of the damages as did relate to an injury, loss or damage in respect of which compensation is payable under this Act.

Proceedings against third parties

59.(1) This section applies if:

(a) an amount of compensation under this Act:

(2) If:

(a)     this section applies; and

the employer may institute proceedings or fresh proceedings 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 proceedings, as the case requires.

(3) If:

(a)     this section applies; and

the employer may institute proceedings or fresh proceedings 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 proceedings, as the case requires.

(4)     If the employer institutes proceedings or fresh proceedings or takes over the conduct of proceedings under subsection (2) or (3) the employer must conduct the proceedings in the interests of the person in whose name the proceedings were instituted.

(5)     The employer is liable to pay all costs of, or incidental to, any proceedings taken over by it, being costs payable by the plaintiff in those proceedings, other than those costs unreasonably incurred by the plaintiff.

(6)     If the employer institutes, or takes over the conduct of, proceedings under this section, the employer may:

(7) The employer may only settle the proceedings:

(8)     Subject to subsection (7), if the employer requires the employee or dependant to sign any document relevant to proceedings instituted or taken over by the employer under this section (including the settlement of the proceedings), the employee or dependant must sign it and, if he or she fails to do so, the court or tribunal in which the proceedings are taken may direct that the document may be signed on his or her behalf by a person appointed by the employer for the purpose.

(9)     If the employer institutes, or takes over the conduct of, proceedings under this section, the employee or dependant must comply with any reasonable requirement of the employer for the purpose of the proceedings and, if the employee or dependant fails do so, the right of the employee or dependant to compensation under this Act in respect of the injury, loss, damage or death to which the proceedings

relate is suspended until such time as the employee or dependant complies with that requirement.

(10)     If a right to compensation is suspended under subsection (9), compensation is not payable in respect of the period of the suspension.

(11)     Any damages awarded under a judgment obtained in proceedings referred to in this section, or payable as a result of the settlement of such proceedings, must be paid to the employer and the employer must deduct from the amount of those damages:

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

(12)     If the employer pays an amount to an employee or dependant under subsection (11), the employee or dependant is not entitled to receive any further amounts of compensation under this Act in respect of the injury, loss, damage or death to which the proceedings related until the amount of compensation that would, apart from this subsection, have been payable to the employee or dependant in respect of the injury, loss, damage or death equals the amount paid by the employer to the employee or dependant under subsection (11).

(13)     In this section:

“person” does not include the employer or an employee.

Payment of damages by persons to employer

60.(1) If a person appears to be liable:

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

damage, or to the dependant in proceedings instituted in respect of the death;

the person pay to the employer so much of the amount of the damages as does not exceed the amount that would be payable by the employee or dependant to the employer under section 58 if the damages had been paid to the employee or dependant.

(2) Subject to subsection (3), if:

(a) a person has agreed:

(b) damages against a person have been awarded:

the employer may, by notice in writing given to the person, require the person to pay to the employer so much of the amount of the damages as does not exceed the amount that would have been payable by the employee or dependant to the employer under section 58 if the damages had been paid to or in respect of the employee or dependant.

(3) If, before a notice under subsection (2) was received by a person, the person had paid to or in respect of the employee or dependant, all or part of the damages to which the notice related:

(4) If a person fails to pay an amount to the employer in accordance with a notice under this section, the employer may recover that amount from the person as a debt due to the employer.

(5)     Payment of an amount to the employer by a person in accordance with a notice under this section is, to the extent of the amount paid, a discharge of the liability of that person to the employee or dependant and of the liability (if any) of the employee or dependant to the employer under section 58.

(6)     In this section:

“person” does not include the employer or an employee.

Compensation not payable both under Act and under award

61.(1) A person who would, apart from this section, be entitled to compensation under this Act and benefits under an award in respect of the same injury, or in respect of the same loss of, or damage to, property, is not entitled to both but must elect whether to receive the compensation or the benefits.

(2)     An election made by an employee is irrevocable.

(3)     If an employee makes an election to receive either compensation under this Act or benefits under the award but compensation is not payable under this Act, or benefits are not payable under the award, as the case may be, in respect of the injury, or the loss of, or damage to, property, the election has no effect.

(4)     If an employee has made an election to receive compensation under this Act, that compensation is not payable unless the employee makes a claim under section 63.

(5)     If an employee who has made an election dies, the election does not have effect in relation to his or her dependants.

(6)     In this section:

“award” means an award, determination or order by which provision is made for, or in relation to, the grant of any benefits to or in relation to employees or their dependants in respect of injury or disease causing death or incapacity, or in respect of the loss of, or damage to, property, in circumstances connected with the employment of those employees, being an award or order made under a law of the Commonwealth relating to conciliation and arbitration.

PART 5—NOTICES AND CLAIMS

Notice of injury or loss of, or damage to, property

62.(1) Subject to subsection (2), this Act does not apply to an injury suffered by an employee unless a written notice of the injury is given to the employer:

(2) This Act does not apply in relation to the loss of, or damage to, property used by an employee, being loss or damage caused in circumstances referred to in section 27, unless a written notice of the accident that resulted in the loss or damage is given to the employer:

(3)     For the purposes of subsections (1) and (2), if the injury was suffered by an employee on a prescribed ship, a notice given to the master of the ship is taken to be given to the employer.

(4)     If:

the notice is taken to have been given under this section if:

Claims for compensation

63.(1) Compensation is not payable to a person under this Act unless a claim for compensation is made by or on behalf of the person under this section.

(2) A claim must be made by giving the employer:

(c)     a notice setting out:

(3)     If a written claim (other than a claim for compensation under section 28, 29 or 30) is given to a person under paragraph (2)(a) and the claim is not accompanied by a certificate of the kind referred to in paragraph (2)(b), the claim is taken not to have been made until such a certificate is given to that employer.

(4)     Strict compliance with an approved form referred to in subsection (2) is not required and substantial compliance is sufficient.

Survival of claims

64.(1) If a person who is entitled to make a claim for compensation under this Act dies without making a claim, a claim may be made by the person’s legal personal representative.

(2)     A claim is not affected by the death of the claimant after the claim was served.

(3)     Section 134 applies to an amount payable under a determination made in respect of a claim referred to in this section as if the deceased person had died after the determination was made.

(4)     This section does not apply to a claim for compensation under section 41.

Claims may not be made in certain cases

65. If an amount is paid to, or in accordance with the directions of, the Authority under subsection 29(3) or (4), for the benefit of a dependant of a deceased employee, by whom, or on whose behalf, a claim was made for compensation under section 29, no other dependant of that employee is entitled to claim compensation under that section after the day on which that amount is so paid.

Power to require medical examination

66.(1) If:

the employer to whom the notice of claim is given may require the employee to undergo an examination by a legally qualified medical practitioner nominated by the employer.

(2) If an employee, without reasonable excuse, does not undergo an examination, or in any way obstructs an examination, the employee’s rights to compensation under this Act, and to institute or continue any proceedings under this Act in relation to compensation, are suspended until the examination takes place.

(3)    If an employee’s right to compensation is suspended under subsection (2), compensation is not payable in respect of the period of the suspension.

(4)    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:

(5) Without limiting the matters that may be taken into account in deciding questions arising under subsection (4), the employer making the decision must have regard to the following matters:

(a)     the means of transport available to the employee for the journey;

(b)     the route or routes by which the employee could have travelled;

(c)     the accommodation available to the employee.

(6) An employee must not be required to undergo an examination under this section at more frequent intervals than are specified by the Minister by written notice.

Power to request the provision of information relevant to claim

67.(1) Subject to section 69, if an employer who has been given a claim is satisfied that the claimant:

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

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

(2)     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, or a copy of the document specified in the notice, within 28 days after the date of the notice or within such further period (if any) as the employer has allowed.

(3)     If a claimant, without reasonable excuse, does not comply with a notice under subsection (1), the employer may refuse to deal with the claim until the claimant gives the employer the information, or a copy of the document, specified in the notice.

Certain documents to be supplied on request

68.(1) Subject to section 69, an employer must not, without reasonable excuse, fail to comply with a written request by a claimant for the employer to give the claimant any documents held by the employer that relate to the claimant’s claim.

Penalty: 50 penalty units.

(2) This section also applies to the determination of a request under section 40, and for that purpose:

Neither section 67 nor 68 to affect legal professional privilege

69. Subject to section 70, neither section 67 nor 68 affects legal professional privilege.

Legal professional privilege not to apply to medical reports

70. Legal professional privilege does not apply in relation to a medical report in respect of an injury in relation to which an employee is claiming compensation under this Act.

Bankruptcy etc. of actual employer

71.(1) If:

then:

(c) the claimant must give the Fund:

(ii) new notices in respect of the claim; and

(2) If:

(a)     paragraph (1)(b) applies; and

then the claimant must give the information to the Fund.

Time limit for determining claims relating to the death of an employee

72.(1) An employer must determine a claim for compensation under Division 2 of Part 2 by the later of the following times:

(2)     If the employer has not determined the claim by the end of the period allowed by subsection (1), then, at the end of that period the employer is taken to have made a decision disallowing the claim.

(3)     A request under paragraph (1)(c) 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 than the original 60-day period.

Time limit for determining liability for claims relating to injuries to employees other than injuries resulting in death

73.(1) If the claim relates to an injury to an employee other than an injury resulting in death, the employee’s employer must determine its liability in relation to the claim for compensation by the later of the following times:

(2) If the employer has not determined the claim by the end of the period allowed by subsection (1), then, at the end of that period the employer is taken to have made a decision disallowing the claim.

(3)     If the injury under subsection (1) results in the employee being incapacitated for work, compensation is payable in respect of the claim for the incapacity from the day liability arose under section 31.

(4)     If the injury under subsection (1) results in permanent impairment to the employee compensation is payable in accordance with section 39 or 40.

(5)     A request under paragraph (1)(c) 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 than the original 12-day period.

Employer may seek review of Authority’s decision

74. If an employer is dissatisfied with a decision of the Authority under paragraph 72(1)(c) or 73(1)(c), the employer may apply to the AAT for review of the decision.

Sections 72 to 74 (inclusive) not to apply to Authority if declaration made under section 100

75. If a declaration is made under section 100, sections 72 to 74 (inclusive) do not apply to the Authority.

PART 6—RECONSIDERATION OF DETERMINATIONS AND REVIEW OF DECISIONS BY THE ADMINISTRATIVE APPEALS TRIBUNAL

Division 1—Definitions

Interpretation

76.(1) In this Part:

“AAT” means the Administrative Appeals Tribunal;

“AAT Act” means the Administrative Appeals Tribunal Act 1975;

“AAT extension application” means an application under subsection 29(7) of the AAT 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 Administrative Appeals Tribunal Act 1975;

“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, 44, 45, 49, 50, 51, 66 or 126;

“extension of time decision” means a decision of the Authority under paragraph 72(1)(c) or 73(1)(c);

“reviewable decision” means a decision made under section 78.

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

(a)     the applicant; and

(b)     where the applicant is not the claimant—the claimant; and

(c)     the employer.

Division 2—Reconsideration of determinations by employers

Determinations to be notified in writing

77.(1) 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:

(a)     the terms of the determination; and

(b)     the reasons for the determination; and

(2) 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.

Reconsiderations of determinations

78.(1) 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.

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

(3)     A request for reconsideration of a determination must:

(a)     set out the reasons for the request; and

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

(b) in any other case—arrange with Comcare for a Comcare officer;

to assist the employer in reconsidering the determination under subsection (5).

(5)     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.

(6)     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.

(7)     In this section:

“certified agreement” has the same meaning as in the Industrial Relations Act 1988;

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

Time limit for reconsideration of determinations

79.(1) 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:

(2)     If the employer has not determined the claim by the end of the period allowed by subsection (1), then, at the end of that period the employer is taken to have made a decision disallowing the claim.

(3)     A request under paragraph (l)(c) 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 than the original 35-day period.

Employer may seek review of Authority’s decision

80. If an employer is dissatisfied with a decision of the Authority under paragraph 79(1)(c), the employer may apply to the AAT for review of the decision.

Sections 79 and 80 not to apply to Authority if declaration made under section 100

81. If a declaration is made under section 100, sections 79 and 80 do not apply to the Authority.

Industry panel or Comcare to give copy of report to employer to claimant

82. The industry panel or Comcare, as the case requires, must give a copy of any report it gives to an employer in relation to the reconsideration of a determination under subsection 78(5) to the claimant.

Power to request the provision of information relevant to reconsideration

83.(1) Subject to section 84, if:

(b)     the employer is satisfied that the claimant:

(2)     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, or a copy of the document, specified in the notice within 28 days after the date of the notice or within such further period (if any) as the employer has allowed.

(3)     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 a copy of the document, specified in the notice.

Section 83 not to affect legal professional privilege

84. Subject to section 85, section 83 does not affect legal professional privilege.

Legal professional privilege not to apply to medical reports

85. Legal professional privilege does not apply in relation to a medical report in respect of an injury in relation to which an employee is claiming compensation under this Act.

Bankruptcy etc. of employer

86.(1) If:

(a) a claimant has given a notice under subsection 78(2) to the

actual employer within the period specified in subsection 78(3); and

(b)     the Fund has become the employer because of subsection 4(3); then:

(c)     the claimant must give the Fund:

(i) a copy of the notice given to the actual employer; or

(ii) a new notice under subsection 78(2); and

(e) subsection 78(3) does not apply.

(2) If:

(a)     paragraph (1)(b) applies; and

the claimant must give the information to the Fund.

Reviewable decision to be notified in writing

87. As soon as practicable after the employer makes a reviewable decision, the employer must cause to be served on the claimant a notice in writing setting out:

(a)     the terms of the decision; and

(b)     the reasons for the decision; and

Applications to the AAT

88.(1) Application may be made to the AAT by a claimant for review of a reviewable decision.

(2) Despite section 27 of the AAT Act, no person other than the claimant may make an application under subsection (1).

Division 3—AAT review of reviewable decisions and extension of time decisions

Modified AAT Act to apply

89.(1) The AAT Act applies in relation to:

(a) the review of reviewable decisions; and

(b)     the review of extension of time decisions; and

(c)     AAT extension applications;

subject to the modifications set out in this section.

(2)     Section 24 of the AAT Act has effect as if the reference to any place in Australia or an external Territory were a reference to any place, whether within or outside Australia.

(3)     Subsection 29(2) of the AAT Act has effect as if the reference to “the twenty-eighth day” (first occurring) were a reference to “the sixtieth day”.

(4)     If:

then:

(d)     the AAT must:

Evidence in proceedings before AAT

90.(1) If:

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

(2) If:

(b)     the claimant failed to comply with the notice; and

the information, document or copy is not, without leave of the AAT, admissible in proceedings instituted under this Part in relation to the determination.

(3) The AAT must not give leave under subsection (2) unless:

Costs of proceedings before AAT—general

91.(1) 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.

(2)     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.

(3)     If:

(c)     the claimant failed to comply with the notice; and

made, it would have made a determination more favourable to the claimant than the original determination; and (h) the employer would be liable under subsection (2), to reimburse the claimant for costs reasonably incurred by the claimant;

the employer may make a declaration in writing that subsection (2)

does not apply to those costs.

(4) If:

(c)     the claimant failed to comply with the notice; and

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

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

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

Costs of proceedings before AAT—when costs payable by employer

92.(1) If, in any proceedings instituted by the claimant, the AAT makes a decision:

the AAT may, subject to this section, order that the costs of those proceedings incurred by the claimant, or a part of those costs, are to be paid by the employer.

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

(3)     Neither subsection (1) nor (2) authorises the AAT 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 AAT for a review of a reviewable decision.

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

(b)     the AAT is satisfied that:

(i) the claimant failed to comply with that notice; and

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

(b)     the AAT is satisfied that:

(i) the claimant failed to comply with that order; and

(6) If the AAT orders an employer to pay costs incurred by a claimant, the AAT may, in the absence of agreement between the parties as to the amount of the costs, tax or settle the amount of costs or order that the costs be taxed by the Registrar or a Deputy Registrar of the AAT.

PART 7— COMPULSORY INSURANCE AND THE FUND

Division 1—Compulsory insurance

Compulsory insurance

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

(b)     be a member of a protection and indemnity association that:

(i) is approved in writing by the Authority; and

so that the employer is insured or indemnified for the full amount of the employer’s liability under this Act to all employees employed by the employer.

Penalty: 50 penalty units.

(2)     A policy of insurance or indemnity, or the terms of membership of a protection and 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.

(3)     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.

(4)     In this section:

“authorised insurer” means a general insurance company under the Insurance Act 1973.

Employer to give details of insurance or indemnity arrangements to Authority

94. An employer must give the Authority the name and address of the authorised insurer or the protection and indemnity association within 14 days of:

for the purposes of section 93.

Penalty: 20 penalty units.

Authority may require evidence from employer

95. The Authority may, by notice in writing, require an employer to provide within such reasonable time as is specified in the notice evidence of:

(a)     a policy of insurance or indemnity; or

(b)     membership of a protection and indemnity association; referred to in section 93.

Penalty: 20 penalty units.

Division 2—The Fund

The Fund

96. The Minister may, by notice published in the Gazette, approve a trading corporation to be the Fund for the purposes of this Act if the Minister thinks that the following conditions are satisfied in relation to the trading corporation:

(b)     it has the management and resources to:

(ii) develop and manage rehabilitation plans under this Act;

Fund to insure

97.(1) 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.

(2)     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.

(3)     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.

(4) In this section:

“authorised insurer” means a general insurance company under the Insurance Act 1973.

Fund to provide Authority with financial information

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

Penalty: 20 penalty units.

Minister may revoke approval under section 96

99. The Minister may revoke an approval under section 96:

(d)     if the corporation ceases to be a trading corporation.

Division 3—Reserve function of Authority

Ministerial declaration

100. If the Minister:

the Minister may, by notice published in the Gazette, declare that the Authority is to have the Fund’s functions, powers and obligations under this Act.

Effect of Ministerial declaration

101. If the Minister makes a declaration under section 100, subsections 4(2) and (3) and 89(4) and sections 71, 86 and 129 apply as if the references to the Fund were references to the Authority.

Authority to insure if declaration made under section 100

102.(1) If a declaration is made under section 100, the Authority must:

(2) In this section:

“authorised insurer” means a general insurance company under the Insurance Act 1973.

PART 8—ADMINISTRATION AND FINANCE

Division 1—Seafarers Rehabilitation and Compensation Authority

Establishment

103. The Seafarers Rehabilitation and Compensation Authority is established.

Functions

104. Subject to this Act, the Authority has the following functions, in addition to its other functions under this Act:

(a)     to monitor the operation of this Act;

Powers

105. The Authority has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.

Power to obtain information

106.(1) Without limiting the generality of section 105, 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.

(2) Without limiting the generality of section 105, if a declaration is made under section 100 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.

(3) An employer must not without reasonable excuse fail to comply with a request made under subsection (1) or (2).

Penalty: 20 penalty units.

Directions by Minister

107.(1) 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.

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

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

Division 2—Constitution and Meetings of Authority

Authority is body corporate

108.(1) The Authority:

(a)     is a body corporate with perpetual succession; and

(b)     is to have a common seal; and

(d)     may sue and be sued in its corporate name.

(2)     The common seal of the Authority is to be kept in such custody as the Authority directs and must not be used except as authorised by the Authority.

(3)     All courts, judges and persons acting judicially must take judicial notice of the imprint of the common seal of the Authority appearing on a document and must presume that it was duly affixed.

(4)     The Authority is not subject to any requirement, obligation, liability, penalty or disability under a law in force in a State or Territory to which the Commonwealth is not subject.

Constitution

109. The Authority comprises the following members:

(a)     a Chairperson;

(b)     a Deputy Chairperson;

(c)     2 members representing employers;

(d)     2 members representing employees.

Appointment of members

110.(1) The members are to be appointed by the Minister.

(2)     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.

(3)     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.

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

Term of office

111.(1) 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.

(2) A 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.

Deputies of members

112.(1) 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.

(2)     A member 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.

(3)     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.

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

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

(b)     the appointment had ceased to have effect; or

(c)     the occasion for the deputy to act had not arisen or had ceased.

Persons acting as Chairperson or Deputy Chairperson

113.(1) The Minister may appoint a person to act as the Chairperson or the Deputy Chairperson:

(a) during a vacancy in the office of Chairperson or Deputy

Chairperson, whether or not an appointment has previously been made to the office; or

(2) Anything done by or in relation to a person purporting to act under an appointment under subsection (1) is not invalid merely because:

(a)     the occasion for the appointment had not arisen; or

(c)     the appointment had ceased to have effect; or

(d)     the occasion to act had not arisen or had ceased.

Remuneration and allowances

114.(1) 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.

(2)     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.

Leave of absence

115.(1) The Minister may grant the Chairperson leave to be absent from a meeting or meetings to the Authority.

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

Disclosure of interests

116.(1) 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.

(2) 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:

(3) 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:

(b)     take part in the making by the Authority of the determination.

(4) In this section:

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

Resignation

117. A member may resign by delivering to the Minister a signed notice of resignation.

Termination of appointment

118.(1) The Minister may terminate a member’s appointment for misbehaviour or physical or mental incapacity.

(2) If a member:

(b)     contravenes section 116 without reasonable excuse; or

the Minister may terminate the member’s appointment.

Meetings

119.(1) 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.

(2)     A member may convene a meeting of the Authority.

(3)     At a meeting of the Authority, 3 members form a quorum if:

(b)     one of them is a member referred to in paragraph 109(c); and

(c)     one of them is a member referred to in paragraph 109(d).

(4) 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.

(5)     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.

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

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

(8)     If the Chairperson and Deputy Chairperson are not present at a meeting of the Authority, the members present must elect one of their number to preside.

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

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

Division 3—Finance

Application of Division 3 of Part XI of the Audit Act

120.(1) The Authority is hereby declared to be a public authority to which Division 3 of Part XI of the Audit Act 1901 applies.