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Social Security Legislation Amendment Act 1986

  • - C2004A03274
  • No longer in force
Act No. 33 of 1986 as made
An Act relating to welfare benefits and other matters
Administered by: Education, Employment and Workplace Relations; Families, Housing, Community Services and Indigenous Affairs
Date of Assent 03 Jun 1986
Date of repeal 10 Dec 2015
Repealed by Amending Acts 1980 to 1989 Repeal Act 2015
 

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - TABLE OF PROVISIONS

TABLE OF PROVISIONS

PART I-PRELIMINARY

Section

1. Short title

2. Commencement

PART II-AMENDMENTS OF THE SOCIAL SECURITY ACT 1947

3. Principal Act

4. Interpretation

5. Secrecy

6. Rate of remote area allowance

7. Calculation of income in respect of children

8. Rent assistance

9. Carer's pension

10. Repeal of section 34 and substitution of new section-

34. Rate of carer's pension

11. Qualification for widow's pension

12. Calculation of income in respect of children

13. Qualifications for benefit

14. Interpretation

15. Family allowance

16. Qualification for family allowance

17. Family allowance not payable in respect of certain student children
over the age of 18 years

18. Date from which family allowance payable

19. Family allowance to cease in certain circumstances

20. Repeal of section 104

21. Notification of certain events

22. Qualification for double orphan's pension

23. Handicapped child's allowance not payable in certain circumstances

24. Temporary absences from home

25. Cessation of handicapped child's allowance granted under section 105J

26. Unemployment benefits

27. Sickness benefits

28. Rate of unemployment and sickness benefit

29. Rent assistance

30. Limitation of amount payable as sickness benefit

31. Reduction of sickness benefit payable in certain cases, &c.

32. Waiting period

33. Insertion of new section-

133. Benefit not payable to full-time students

34. Eligibility for mobility allowance

35. Provision of treatment and training

36. Claims

37. Payment and calculation of instalments of certain pensions, &c.

38. Pension, benefit or allowance may be paid to bank, &c.

39. Special temporary allowance

40. Payments received under the New Enterprise Incentive Scheme-effect
where spouse of recipient is in receipt of a particular benefit or
allowance

41. Recovery of overpayments

42. Waiver, &c.

PART III-AMNESTY IN RELATION TO CERTAIN LIABILITIES UNDER THE SOCIAL
SECURITY ACT 1947

43. Interpretation

44. Modification of Social Security Act

45. Persons not to be liable under Social Security Act in certain cases

PART IV-AMENDMENTS OF THE COMPENSATION (COMMONWEALTH GOVERNMENT
EMPLOYEES) ACT 1971

46. Principal Act

47. Functions and powers of Commissioner

48. Compensation payable in respect of injuries resulting in partial
incapacity

49. Notice to Commonwealth of injury, disease or loss of or damage to
property

50. Repeal of section 54 and insertion of new sections-

54. Manner of making claim for compensation

54A. Service of documents on Commissioner

54A. Service of documents on Commonwealth

51. Insertion of new section-

59A. Power of Commissioner to request the provision of information

52. Costs of proceedings before Administrative Appeals Tribunal

53. Compensation not payable both under Act and under determination

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - LONG TITLE

An Act relating to welfare benefits and other matters

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - PART I
PART I-PRELIMINARY

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 1
Short title


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(Assented to 3 June 1986)
1. This Act may be cited as the Social Security Legislation Amendment Act 1986.

(Minister's second reading speech made in-
House of Representatives on 17 April 1986
Senate on 8 May 1986)

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 2
Commencement

2.(1) Section 6 and sub-section 39 (2) shall be deemed to have come into operation on 5 September 1985.

(2) Section 8 and sub-sections 9 (2), 32 (1) and 39 (1) shall be deemed to have come into operation on 1 November 1985.

(3) Sub-section 9 (1) and section 24 shall be deemed to have come into operation on 1 January 1986.

(4) Sub-section 17 (2) shall be deemed to have come into operation on 15 January 1986.

(5) Sub-section 28 (2) and sections 31 and 33 shall come into operation on 1 July 1986.

(6) Sub-section 29 (1) shall be deemed to have come into operation on 1 May 1986.

(7) Sub-section 29 (2) shall come into operation on 1 November 1986.

(8) Sub-sections 29 (3) and 39 (3) shall come into operation immediately after the Social Security (Poverty Traps Reduction) Act 1985 comes into operation.

(9) Part III shall come into operation on the day on which this Act receives the Royal Assent.

(10) The remaining provisions of this Act shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent.

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - PART II
PART II-AMENDMENTS OF THE SOCIAL SECURITY ACT 1947

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 3
Principal Act

3. The Social Security Act 1947*1* is in this Part referred to as the Principal Act. *1* No. 26, 1947, as amended. For previous amendments, see Nos. 38 and 69, 1948; No. 16, 1949; Nos. 6 and 26, 1950; No. 22, 1951; Nos. 41 and 107, 1952; No. 51, 1953; No. 30, 1954; Nos. 15 and 38, 1955; Nos. 67 and 98, 1956; No. 46, 1957; No. 44, 1958; No. 57, 1959; No. 45, 1961; Nos. 1 and 95, 1962; No. 46, 1963; Nos. 3 and 63, 1964; Nos. 57 and 152, 1965; No. 41, 1966; Nos. 10 and 61, 1967; No. 65, 1968; No. 94, 1969; Nos. 2 and 59, 1970; Nos. 16 and 67, 1971; Nos. 1, 14, 53 and 79, 1972; Nos. 1, 26, 48, 103 and 216, 1973; Nos. 2, 23 and 91, 1974; Nos. 34, 56, 101 and 110, 1975; Nos. 26, 62 and 111, 1976; No. 159, 1977; No. 128, 1978; No. 121, 1979 (as amended by Nos. 37 and 98, 1982); No. 130, 1980; Nos. 61 and 170, 1981; No. 159, 1981 (as amended by No. 98, 1982); Nos. 37, 38 and 148, 1982; Nos. 4 and 36, 1983; No. 69, 1983 (as amended by No. 78, 1984); Nos. 46, 78, 93, 120, 134 and 165, 1984; and Nos. 24, 52, 95, 127 and 169, 1985; and No. 5, 1986.

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 4
Interpretation

4. Section 6 of the Principal Act is amended by omitting "means" from the definition of "dependent child" in sub-section (1) and substituting ", means".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 5
Secrecy

5. Section 17 of the Principal Act is amended by omitting sub-section (6) and substituting the following sub-section:

"(6) In this section, 'court' includes any tribunal, authority or person having power to require the production of documents or the answering of questions.".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 6
Rate of remote area allowance

6. Section 17D of the Principal Act is amended by omitting from paragraph (2) (b) "paragraph (b) of the definition of 'married person' " and substituting "paragraph (d) of the definition of 'unmarried person' ".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 7
Calculation of income in respect of children

7. Section 29 of the Principal Act is amended-
(a) by inserting "or a payment in the nature of family allowance" after "Tuberculosis Act 1948" (wherever occurring); and
(b) by adding at the end the following sub-section:

"(2) In this section, 'payment in the nature of family allowance', in
relation to a payment received in respect of a child, means a payment that is similar to a family allowance, being a payment that, by virtue of sub-section 96 (6), prevents a family allowance from being payable in respect of that child.".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 8
Rent assistance

8. Section 30A of the Principal Act is amended by omitting from paragraph (1) (c) ", 32 (2) (b) or 34 (2) (b)" and substituting "or 32 (2) (b)".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 9
Carer's pension

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9. (1) Section 33 of the Principal Act is amended by omitting from paragraph (2) (a) "4 weeks in any period of 12 months" and substituting "28 days in any calendar year".

(2) Section 33 of the Principal Act is amended by omitting paragraph (d) of the definition of "relative" in sub-section (3) and substituting the following paragraph:
"(d) a person who, by virtue of paragraph (a) or (b), has at any time been taken into account as a relative of the first-mentioned person for the purpose of the first-mentioned person becoming qualified to receive a carer's pension;".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 10

10. Section 34 of the Principal Act is repealed and the following section is substituted:

Rate of carer's pension
"34. (1) Subject to sub-sections (2) and (3), the rate of a carer's pension payable to a person is a rate equal to the rate of age pension that would be payable to the person if the person were-
(a) qualified to receive an age pension; and
(b) under the age of 70 years and not permanently blind, and, for the purposes of the calculation of the rate of the carer's pension in accordance with section 28, the pension payable to the person shall be deemed to be an age pension.

"(2) Where a carer's pension is payable to a husband and another carer's pension is payable to the wife of that husband, for the purpose of calculating the rates of carer's pension payable to the husband and to the wife, sub-section 28 (3B) shall be disregarded.
"(3) Where a carer's pension is payable to a husband and an age pension or an invalid pension is payable to the wife of that husband, for the purposes of sub-section 28 (3B), the husband shall be deemed not to be in receipt of an age pension.".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 11
Qualifications for widow's pension

11. Section 60 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section:

"(2) For the purposes of this section, a child shall not be taken to be a dependent child of a woman, being a widow, unless-
(a) the child is a dependent child of the woman; and
(b) either-
(i) the child was born of that woman; or
(ii) on the day on which the event as a result of which the woman became a widow occurred, the child was a dependent child of the woman.".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 12
Calculation of income in respect of children

12. Section 64 of the Principal Act is amended-
(a) by inserting in paragraph (a) "or a payment in the nature of family allowance" after "Tuberculosis Act 1948"; and
(b) by adding at the end the following sub-section:
"(2) In this section 'payment in the nature of family allowance', in
relation to a payment received in respect of a child, means a payment that is similar to a family allowance, being a payment that, by virtue of sub-section 96 (6), prevents a family allowance from being payable in respect of that child.".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 13
Qualifications for benefit

13. Section 83AAC of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section:

"(2) For the purposes of sub-section (1), a child shall not be taken to be a dependent child of a person unless-
(a) the person is a natural or adoptive parent of the child or has the legal custody of the child; or
(b) in a case where the person is an unmarried person, having previously not been an unmarried person-the person was maintaining the child immediately before the person became an unmarried person.".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 14
Interpretation

14. Section 94 of the Principal Act is amended by omitting paragraphs (c) and (e) of the definition of "prescribed educational scheme" in sub-section (1).

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 15
Family allowance

15. Section 95 of the Principal Act is amended by omitting sub-section (6).

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 16
Qualification for family allowance

16. Section 96 of the Principal Act is amended-
(a) by omitting sub-sections (1) to (4) (inclusive) and substituting the following sub-sections:
"(1) A family allowance shall not be granted or paid to a person in
respect of a child unless, at the time of the grant or payment, both the person and the child are persons to whom this section applies.
"(2) For the purposes of sub-section (1), a person is a person to whom

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this section applies if the person is in Australia and is-
(a) an Australian citizen;
(b) a person who has been granted, or who is included in, an entry permit
under the Migration Act 1958, being an entry permit that is in force, other than an entry permit that is a temporary entry permit within the meaning of that Act;
(c) a person who has been granted, or who is included in, a temporary
entry permit under the Migration Act 1958, being a temporary entry permit that is in force, and who has been in Australia for the previous 12 months; or
(d) a person to whom Division 1 of Part II of the Migration Act 1958 does
not apply by virtue of the operation of sub-section 8 (1) of that Act, being a person-
(i) who has been in Australia for the previous 12 months; or
(ii) who the Secretary is satisfied is likely to remain permanently
in Australia.
"(3) For the purposes of sub-section (1), where a person-
(a) being a person who resides in Australia, is absent from Australia; or
(b) is a spouse of a person referred to in paragraph (a),
and that person has a dependent child or dependent children, that person and that dependent child, or those dependent children shall, subject to sub-section (6), be deemed to be persons to whom this section applies.".
(b) by omitting from sub-section (5) "Where" and "paragraph (1) (b) does not apply to the claim for family allowance" and substituting "For the purposes of sub-section (1), where" and "the child shall, subject to sub-section (6), be deemed to be a person to whom this section applies" respectively; and
(c) by omitting sub-section (6) and substituting the following sub-section:
"(6) Where a person has a dependent child and-
(a) the person is outside Australia; or
(b) the Secretary has made a decision under sub-section (5) in relation
to the dependent child,
the dependent child (in this sub-section referred to as 'the excluded
child') of the person shall be deemed not to be a person to whom this section applies during any period for which a payment that is similar to a family allowance has been, or is being, made by a foreign country to the person in respect of the excluded child, but, where a family allowance would, but for this sub-section, be payable in respect of the excluded child, a family allowance payable to the person in respect of any other dependent child of the person is, subject to section 103b, payable at the rate that would be applicable if a family allowance were payable in respect of the excluded child.".


SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 17
Family allowance not payable in respect of certain student children over the age of 18 years

17. (1) Section 98 of the Principal Act is amended by omitting paragraph (2) (b) and substituting the following paragraph:
"(b) the person, or the spouse of the person, who would, but for sub-section (1), be receiving a family allowance in respect of the child would not, if the person or spouse, not being in receipt of a family income supplement, were to lodge a claim for a family income supplement, be precluded, by the operation of sub-section 86 (3), from receiving a family income supplement;".

(2) Section 98 of the Principal Act is amended by omitting from paragraph (2) (c) "the scheme administered by the Commonwealth known as the Secondary Allowances Scheme or".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 18
Date from which family allowance payable

18. Section 102 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section:

"(2) Where-
(a) a family allowance is granted to a person because the person has a dependent child in respect of whom a family allowance was, immediately before the child became a dependent child of the person, payable; and
(b) the Secretary determines in writing that, in the special circumstances of the case, a family allowance should be payable to the person in respect of the child from and including the day on which the child became a dependent child of the person, the family allowance is payable from and including that day.".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 19
Family allowance to cease in certain circumstances

19. Section 103 of the Principal Act is amended-
(a) by omitting from sub-section (1) "sections 6B and 104" and substituting "section 6B";

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(b) by omitting paragraph (1) (a) and substituting the following paragraph:
"(a) the child ceases to be a dependent child of the person;";
(c) by omitting paragraphs (1) (d), (e), (f), (g), (h) and (i) and substituting the following word and paragraph:
"; or (d) the person to whom the family allowance was granted, or the
child in respect of whom the family allowance was granted, ceases, for the purposes of sub-section 96 (1), to be a person to whom section 96 applies."; and
(d) by omitting sub-sections (2), (2A), (3) and (4) and substituting the following sub-sections:

"(2) Subject to sub-sections (3) and (4), where a family allowance ceases
to be payable to a person by reason of an event specified in sub-section (1), the family allowance ceases to be payable from the end of the family allowance period during which that event occurs.

"(3) Where-
(a) a family allowance granted in respect of a child ceases to be payable
to a person by reason of the child ceasing to be a dependent child of the person; and
(b) sub-section 102 (2) becomes applicable in respect of a family
allowance granted to another person in respect of the same child,
the family allowance ceases to be payable on the day on which the child
ceases to be a dependent child of the first-mentioned person.

"(4) Where a family allowance ceases to be payable to a person by reason
of an event specified in paragraph (1) (b), the family allowance ceases to be payable on the day on which the event occurs.

"(5) Where a family allowance ceases to be payable to an institution by
reason of an event specified in sub-section (1), the family allowance ceases to be payable on the day on which the event occurs.".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 20
Repeal of section 104

20. Section 104 of the Principal Act is repealed.

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 21
Notification of certain events

21. Section 104A of the Principal Act is amended-
(a) by adding "or" at the end of paragraph (b); and
(b) by omitting paragraphs (d) and (e).

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 22
Qualification for double orphan's pension

22. Section 105B of the Principal Act is amended by omitting from paragraph (1) (a) "104 (3)" and substituting "96 (6)".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 23
Handicapped child's allowance not payable in certain circumstances

23. Section 105K of the Principal Act is amended by omitting "104 (3)" and substituting "96 (6)".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 24
Temporary absences from home

24. Section 105KA of the Principal Act is amended-
(a) by omitting from sub-section (1) "period of 12 months" and substituting "calendar year"; and
(b) by omitting from paragraph (2) (a) "period of 12 months" and substituting "calendar year".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 25
Cessation of handicapped child's allowance granted under section 105j

25. Section 105Q of the Principal Act is amended by omitting from sub-section (1A) "104 to the extent that it affects the operation of that sub-section" and substituting "96".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 26
Unemployment benefits

26. Section 107 of the Principal Act is amended by omitting from paragraph (1) (a) "had attained the age of 16 years before" and substituting "attains or had attained the age of 16 years on or before".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 27
Sickness benefits

27. Section 108 of the Principal Act is amended by omitting from paragraph (1) (a) "had attained the age of 16 years before" and substituting "attains or had attained the age of 16 years on or before".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 28
Rate of unemployment and sickness benefit

28. (1) Section 112 of the Principal Act is amended-
(a) by adding at the end of paragraphs (4B) (b) and (5) (b) "(not being a child or children who, by virtue of the operation of sub-section 6 (6), would not be treated as a dependent child or as dependent children, as the case may be, of the person)"; and
(b) by omitting from sub-sections (4B) and (5) "payable" and substituting "applicable".
(2) Section 112 of the Principal Act is amended-

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(a) by omitting paragraph (4) (b) and substituting the following paragraph:
"(b) the spouse of the married person is not in receipt of a prescribed
pension,"; and
(b) by inserting after sub-section (4d) the following sub-sections:

"(4E) Where a person referred in paragraph (1) (a) is a person to whom
this sub-section applies, the rate of the benefit applicable to that person under sub-section (1) is increased by an amount per week equal to the amount (if any) by which the relevant amount in relation to the person exceeds the amount per week applicable to that person under sub-section (1).

"(4F) For the purposes of sub-section (4E)-
(a) a person is a person to whom that sub-section applies if the person-
(i) does not live, and, for a continuous period of not less
than 6 weeks has not lived, at a home of the parents, or either of the parents, of the person because-
(A) the parents of the person do not have, or, where the parents of
the person are not living at the same home, neither of the parents of the person has, a home at which the parents are, or the parent is, as the case may be, prepared to allow the person to live; or
(B) domestic violence, incestuous harrassment or other such
exceptional circumstances render it unreasonable to expect the person to live at a home of the parents, or either of the parents, as the case may be;
(ii) is not receiving, and is unlikely in the near future to
receive, continuous support, whether direct or indirect and whether pecuniary or otherwise, from either of the person's parents;
(iii) is not receiving continuous support, whether direct or
indirect and whether pecuniary or otherwise, from any other person acting as the person's guardian on a long-term basis; and
(iv) is not receiving, on a continuing basis, any payment in
the nature of income support from the Commonwealth, a State or a Territory, other than a benefit; and
(b) the relevant amount in relation to a person is the amount by
which the maximum student assistance amount exceeds the amount per week of any allowance that is applicable to the person under section 112A.

"(4G) For the purpose of paragraph (4F) (b), 'maximum student assistance
amount' means an amount equal to 7 times the maximum amount that a person could receive, in respect of a period of one day, under the Student Assistance Act 1973 as a living allowance within the meaning of that Act if that person-
(a) undertook at a tertiary education institution a course of studyor
instruction approved for the purposes of section 10 of the Student Assistance Act 1973 by the Minister administering that Act;
(b) were an unmarried person and were not living with a person
of the opposite sex on a bona fide domestic basis as the husband or wife of that person;
(c) were not a person upon whom any other person was dependent; and
(d) had attained the age of 25 years.".

(3) The amendments made by sub-section (2) apply in relation to each instalment of a benefit, payable under Part VII of the Principal Act, that falls due on or after 1 July 1986.

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 29
Rent assistance

29. (1) Section 112A of the Principal Act is amended-
(a) by inserting in paragraph (a) of the definition of "prescribed period" in sub-section (1) ", or would, but for section 114, have been payable," after "payable";
(b) by omitting from sub-paragraph (b) (ii) of that definition "; or" and substituting "or (iv);";
(c) by inserting after sub-paragraph (b) (iii) of that definition the following word and sub-paragraph:
"; or (iv) an allowance by way of rent assistance in addition to an
unemployment benefit or a special benefit,";
(d) by omitting from paragraph (c) of that definition "6 months" (wherever occurring) and "paragraphs" and substituting "26 weeks" and "sub-paragraphs" respectively;
(e) by omitting from sub-section (3A) "and (3C)" and substituting ", (3C) and (3D)"; and
(f) by inserting after sub-section (3C) the following sub-section:

"(3D) Where-
(a) an allowance under this section would, but for this sub-section,
be payable to a person who is living with the husband or wife of the person in their matrimonial home;
(b) the person is receiving, and the husband or wife of the
person is not receiving, an unemployment benefit or a special benefit, or a rehabilitation allowance under Part VIII the amount of which is calculated by reference to an unemployment benefit; and
(c) there is payable to the husband or wife of the person an allowance of
a kind referred to in paragraph (3C) (b),

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an allowance under this section is not payable to the first-mentioned
person.".

(2) Section 112A of the Principal Act is amended by omitting sub-section (3D).
(3) Section 112A of the Principal Act is amended by inserting after sub-section (3) the following sub-section:

"(3A) This section does not apply to a married person-
(a) who is receiving an unemployment benefit, or a special benefit the amount of which is calculated by reference to an unemployment benefit;
(b) whose spouse is living with the person in their home; and
(c) whose spouse is receiving a sickness benefit, or a special benefit the amount of which is calculated by reference to a sickness benefit.".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 30
Limitation of amount payable as sickness benefit

30. Section 113 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section:

"(2) For the purposes of this section, the income of a person shall be deemed to include-
(a) a payment received by the person under the scheme known as the New Enterprise Incentive Scheme; and
(b) any amount payable to the person, or to the spouse of the person, under Part V.".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 31
Reduction of sickness benefit payable in certain cases, &c.

31. Section 115B of the Principal Act is amended-
(a) by omitting from sub-section (1) "or is qualified or entitled to receive" and substituting ", or has become qualified or entitled to receive, on or before 30 June 1986";
(b) by inserting after sub-section (2) the following sub-sections:

"(2A) Where a person who is qualified to receive a sickness benefit in
respect of an incapacity receives, or becomes qualified or entitled to receive, after 30 June 1986-
(a) payments, being payments forming part of a series of periodical
payments, that are, in the opinion of the Secretary, in whole or in part payments by way of compensation in respect of that incapacity; or
(b) a lump sum payment that is, in the opinion of the Secretary, in whole
or in part a payment by way of compensation in respect of that incapacity,
the amount per week of sickness benefit that would, but for this
sub-section, be payable in respect of that incapacity shall-
(c) in a case to which paragraph (a) applies-for the period in respect of
which the periodical payments are, or are to be, made, be reduced by an amount equal to that part of the amount per week of those periodical payments that is, in the opinion of the Secretary, by way of compensation in respect of that incapacity; or
(d) in a case to which paragraph (b) applies-for the period in respect of
which the lump sum is, by virtue of sub-section (2B), to be deemed to be paid, be reduced by an amount equal to the prescribed amount at the time at which the lump sum payment is paid or becomes payable.

"(2B) A lump sum payment of a kind referred to in sub-section (2A) that is
paid or payable to a person by way of compensation in respect of an incapacity shall, for the purposes of paragraph (2A) (d), be deemed to have been paid for a period of weeks that began on the day on which the incapacity commenced, being a period of weeks equal in number to the number obtained by dividing by the prescribed amount at the time at which the lump sum payment was paid or became payable an amount equal to that part of the lump sum payment that is, in the opinion of the Secretary, by way of compensation in respect of that incapacity.

"(2C) In sub-sections (2A) and (2B), the 'prescribed amount', in relation
to a particular time, means the amount that is, at that time, specified in the latest estimate published by the Australian Statistician as being the estimate of the average total weekly earnings of all male employees in Australia for a particular month.";
(c) by inserting in sub-section (3) ", on or before 30 June 1986," after "received" (first occurring);
(d) by inserting after sub-section (3) the following sub-section:
"(3A) Where the Secretary is of the opinion that a payment by way of a
lump sum, or a series of periodical payments, received after 30 June 1986, by a person who is, or has been, in receipt of sickness benefit in respect of an incapacity (whether the payment was, or all or any of the payments were, received before, during or after the close of the period of receipt of sickness benefit) is a payment that is, or are payments one or more of which is or are, in whole or in part, a payment or payments by way of compensation in respect of that incapacity, the Secretary may, by notice in writing served on the person, direct the person to pay to the Commonwealth an amount specified in the notice, being an amount equal to the amount by which the

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aggregate of the instalments of sickness benefit received by the person in respect of the incapacity prior to receiving the payment would have been reduced under sub-section (2A) if that sub-section had been applicable to those instalments from and including the day on which the incapacity commenced."; and
(e) by inserting in sub-section (4) "or (2A)" after "sub-section (1)".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 32
Waiting period

32. (1) Section 119 of the Principal Act is amended by omitting paragraph (5) (c) and substituting the following paragraph:
"(c) where the person lodges a claim for the benefit within 13 weeks after the day (in this sub-section referred to as the 'relevant day') on which the person ceased to receive the prescribed pension referred to in paragraph (a) or became qualified to receive the benefit referred to in paragraph (b), as the case may be-
(i) in a case to which paragraph (a) applies-from and
including the day after the relevant day; and
(ii) in a case to which paragraph (b) applies-from and
including the relevant day; or".

(2) Section 119 of the Principal Act is amended-
(a) by adding at the end of paragraph (1) (d) "or the day after the day on which that prescribed pension was increased by reference to the person, whichever is the later"; and
(b) by omitting from paragraph (5) (c) "from and including the relevant day" and substituting "from and including the day on which the person became qualified to receive the benefit or the day after the day on which that prescribed pension was increased by reference to the person, whichever is the later".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 33

33. (1) After section 132A of the Principal Act the following section is inserted:

Benefit not payable to full-time students
"133. (1) Where a person is engaged, on a full-time basis, in a course of education at an educational institution, a benefit is not payable to the person in respect of any period during which-
(a) a payment in respect of the person has been or may be made under a prescribed educational scheme; or
(b) such a payment in respect of the person might have been made, or might be so made, but for-
(i) the amount of any income or other support received by, or the amount
of the assets of, the person or any other person;
(ii) the fact that a period, before the end of which the person is not
entitled to receive a payment under the scheme, has not elapsed; or
(iii) the person's non-compliance with conditions upon which such a
payment would be made, being conditions relating to the person's progress in the course of education or attendance at the educational institution.

"(2) In this section, 'prescribed educational scheme' means any of the following schemes:
(a) the scheme known as the Tertiary Education Assistance Scheme;
(b) the scheme known as the Adult Secondary Education Assistance Scheme;
(c) the scheme known as the Aboriginal Study Grants Scheme;
(d) the scheme known as the Post-Graduate Awards Scheme;
(e) the scheme known as the Secondary Allowance Scheme.".

(2) Notwithstanding sub-section 2 (5) of this Act, in relation to a benefit under Part VII of the Principal Act that was granted prior to 1 July 1986, section 133 of the Principal Act as amended by this Act shall be deemed not to apply until 1 January 1987.

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 34
Eligibility for mobility allowance

34. Section 133RB of the Principal Act is amended by omitting paragraph (1) (b) and substituting the following paragraph:
"(b) who-
(i) is engaged in either or both of the following activities:
(a) gainful employment (including sheltered employment);
(b) the undertaking of vocational training (other than training provided under Part VIII), being training that, in the opinion of the Secretary, will assist the person to find gainful employment (including sheltered employment) or to carry on a profession, trade or business; and
(ii) is, in the opinion of the Secretary, so engaged on a continuing basis for not less than 20 hours in each week,".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 35
Provision of treatment and training

35. Section 135 of the Principal Act is amended by omitting from sub-paragraph 135 (1) (a) (v) ", being men, have not attained the age of 65 years or, being women, have not attained the age of 60 years" and substituting "have not attained the age of 65 years".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 36
Claims

36. Section 135TA of the Principal Act is amended by inserting after
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sub-section (1) the following sub-section:

"(1A) For the purposes of sub-section (1), where a claim for a pension, benefit or allowance is made by or on behalf of a person and at the time the claim is made, the claim cannot be granted because the person is not qualified or eligible to receive that pension, benefit or allowance, the claim shall, subject to sub-section 135TB (2), be deemed not to have been made.".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 37
Payment and calculation of instalments of certain pensions, &c.

37. Section 135TBA of the Principal Act is amended-
(a) by omitting from sub-section (1) the definition of "war pension";
(b) by omitting from sub-section (9) "Subject to sub-section (10), the" and substituting "The"; and
(c) by omitting sub-sections (10) and (10A).

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 38
Pension, benefit or allowance may be paid to bank, &c.

38. Section 135TD of the Principal Act is amended-
(a) by omitting from sub-section (7) "commencing at" and substituting "commencing 4 weeks before"; and
(b) by omitting from sub-section (7) "that particular time" (twice occurring) and substituting "the time at which the order first came into force".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 39
Special temporary allowance

39. (1) Section 135U of the Principal Act is amended by omitting sub-section (6) and substituting the following sub-section:

"(6) Where the sum of the amounts per fortnight payable to a person in accordance with sub-section (3) is less than the amount per fortnight (in this sub-section referred to as the 'relevant amount') of pension that would, if this section did not apply to the person, be payable to the person, the amount per fortnight of the allowance referred to in paragraph (3) (b) is increased so that the sum of the amounts per fortnight payable to the person in accordance with sub-section (3) is equal to the relevant amount.".

(2) Section 135U of the Principal Act is amended by inserting "26, 30A, 112A or" before "133JA" in the definition of "pension" in sub-section (1).

(3) Section 135U of the Principal Act is amended by omitting "30A" from the definition of "pension" in sub-section (1) and substituting "30".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 40
Payments received under the New Enterprise Incentive Scheme-effect where spouse
of recipient is in receipt of a particular benefit or allowance

40. Section 139C of the Principal Act is amended by inserting "Incentive" after "Enterprise" in paragraph (2) (c).

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 41
Recovery of overpayments

41. Section 140 of the Principal Act is amended by adding at the end of sub-section (2) "by reducing each payment of that pension, benefit or allowance by a proportion of that pension, benefit or allowance, being a proportion determined in writing by the Secretary in each particular case, until the sum of the amounts by which the payments are reduced equals that amount".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 42
Waiver, &c.

42. Section 146 of the Principal Act is amended by adding at the end the following sub-section:

"(5) A determination made under sub-section (1) takes effect-
(a) on the day specified in the determination, being the day on which the determination was made or any other day before or after that day; or
(b) if no day is so specified, on the day on which the determination was made.".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - PART III
PART III-AMNESTY IN RELATION TO CERTAIN LIABILITIES UNDER THE SOCIAL SECURITY

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 43
Interpretation

43. (1) In this Part-
"relevant allowance" means an allowance under Part V, VI or VIB of the Act or a pension under Part VIA of the Act;
"relevant pension" means a pension, benefit or allowance under the Act;
"the Act" means the Social Security Act 1947.

(2) Subject to sub-section (1), expressions used in this Part that are also used in the Act have in this Part, unless the contrary intention appears, the same respective meanings as those expressions have in the Act.

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 44
Modification of Social Security Act

44. This Part has effect notwithstanding anything in the Act.

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 45
Persons not to be liable under Social Security Act in certain cases

45. (1) Where-
(a) a person has received a relevant pension in respect of a period that included 12 February 1986;
(b) due to the occurrence of an event or a change of circumstances during
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the relevant period-
(i) the person ceased to be entitled to receive the relevant pension or a related relevant pension; or
(ii) the rate at which the person was entitled to receive the relevant
pension or a related relevant pension decreased;
(c) the person failed to comply with an obligation imposed by the Act in relation to notifying the Department of the occurrence of the event or the change in circumstances;
(d) during the period commencing on 12 February 1986 and ending on the expiration of 31 May 1986, the person has voluntarily informed the Department of the occurrence of the event or the change of circumstances; and
(e) the person has not, before so informing the Department, been-
(i) charged with an offence in respect of the failure to notify referred
to in paragraph (c); or
(ii) informed in writing by an officer that proceedings have been or will
be instituted in respect of such an offence or that an amount of money paid as a result of the failure to notify is recoverable by the Commonwealth, the person-
(f) is not guilty of an offence in respect of the failure to notify; and
(g) is not indebted to the Commonwealth in respect of any amount of the relevant pension or any related relevant pension paid to the person, being an amount that would not have been paid had there not been the failure to notify.

(2) Where-
(a) a person has received a payment of a relevant pension in respect of a period that included 12 February 1986;
(b) the person has made a false statement to an officer, being a statement the making of which has-
(i) resulted in the relevant pension or a related relevant pension being
paid to the person during the relevant period-
(A) at a time when the person was not entitled to be paid that relevant
pension or related relevant pension; or
(B) at a higher rate than the rate at which the person was entitled to
be paid that relevant pension or related relevant pension; or
(ii) prevented the cancellation of, or a reduction of the rate of, the
relevant pension or a related relevant pension, being paid to the person during the relevant period;
(c) in the case of a statement of a kind referred to in sub-paragraph (b) (i)-at the time of making the statement, the person did not know that the statement was false;
(d) during the period commencing on 12 February 1986 and ending on the expiration of 31 May 1986, the person has voluntarily informed the Department of the making of the false statement; and
(e) the person has not, before so informing the Department, been-
(i) charged with an offence in respect of the making of the false
statement; or
(ii) informed in writing by an officer that proceedings have been or will
be instituted in respect of such an offence or that an amount of money paid as a result of the making of the false statement is recoverable by the Commonwealth, the person-
(f) is not guilty of any offence in respect of the making of the false statement; and
(g) is not indebted to the Commonwealth in respect of any amount of the relevant pension or any related relevant pension paid to the person, being an amount that would not have been paid had the false statement not been made.

(3) For the purposes of paragraphs (1) (b) and (2) (b), the relevant period, in relation to the payment of a relevant pension to a person, is the period-
(a) commencing on the day after the latest day prior to 12 February 1986 in respect of which the person did not receive that relevant pension or a related relevant pension; and
(b) ending at the expiration of 11 February 1986.

(4) For the purposes of this section, a relevant pension is related to another relevant pension if-
(a) where the first-mentioned pension is a relevant allowance-the other relevant pension is a relevant allowance; or
(b) where the first-mentioned relevant pension is not a relevant allowance-the other relevant pension is not a relevant allowance.

(5) For the purposes of paragraphs (1) (d) and (2) (d), a person shall be deemed not to have voluntarily informed the Department of a particular fact or state of affairs if the person informs the Department of that fact or state of affairs-
(a) in accordance with a notice served on the person under section 135TE of the Act; or
(b) in response to a question asked of the person by the Secretary or any other officer.

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(6) Part II of the Act applies to a decision by an officer under this Part as if such a decision were a decision by the officer under the Act.

(7) Nothing in this section affects the criminal or civil liability of a person who, at the time when that liability arose, was an officer or was otherwise employed in the Department.

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - PART IV
PART IV-AMENDMENTS OF THE COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 46
Principal Act

46. The Compensation (Commonwealth Government Employees) Act 1971*2*is in this Part referred to as the Principal Act.

*2* No. 48, 1971, as amended. For previous amendments, see No. 136, 1971; No. 122, 1972; Nos. 105 and 216, 1973; No. 92, 1974; Nos. 157 and 166, 1976; No. 68, 1978; Nos. 111 and 155, 1979; No. 74, 1981; No. 98, 1982; No. 78, 1984; and No. 95, 1985.

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 47
Functions and powers of Commissioner

47. Section 20 of the Principal Act is amended-
(a) by inserting in sub-section (5) ", subject to sub-section (10)," after "the Commonwealth is";
(b) by omitting from sub-section (6) "sub-section (7)" and substituting "sub-sections (7) and (10)"; and
(c) by adding at the end the following sub-sections:

"(8) Where-
(a) a determination is made under this Act in relation to a claim;
(b) the Commissioner, before making the determination referred to in
paragraph (a), gave the claimant a notice, pursuant to section 59A, requesting the claimant to give the Commissioner information specified in the notice (in this sub-section referred to as the 'relevant information');
(c) the claimant failed to comply with that notice;
(d) at the time when the Commissioner made the determination referred to
in paragraph (a), the Commissioner did not have the relevant information and the relevant information was not reasonably available to the Commissioner;
(e) after the determination referred to in paragraph (a) is made, the
claimant discloses the relevant information to the Commissioner or to the Administrative Appeals Tribunal;
(f) the Commissioner, pursuant to sub-section (4), reconsiders the
determination referred to in paragraph (a) and makes a determination that is more favourable to the claimant than the determination referred to in paragraph (a);
(g) the Commissioner is satisfied that, if the Commissioner had had the
relevant information at the time when the determination referred to in paragraph (a) was made, the Commissioner would have made a determination more favourable to the claimant than the determination referred to in paragraph (a); and
(h) the Commonwealth would, but for sub-section (10), be liable, under
sub-section (5) or (6), to reimburse the claimant for costs incurred by the claimant,
the Commissioner may make a declaration, in writing, that sub-section (5) or (6), as the case may be, does not apply in relation to those costs.

"(9) Where-
(a) a determination is made under this Act in relation to a claim;
(b) the Commissioner, before making the determination referred to in
paragraph (a), gave the claimant a notice, pursuant to section 59A, requesting the claimant to give the Commissioner a copy of a document specified in the notice (in this sub-section referred to as the 'relevant document');
(c) the claimant failed to comply with that notice;
(d) at the time when the Commissioner made the determination referred to
in paragraph (a), the Commissioner did not have the information contained in the relevant document and that information was not reasonably available to the Commissioner;
(e) after the determination referred to in paragraph (a) is made, the
claimant gives the document, or a copy of the document, or the information contained in the relevant document to the Commissioner or to the Administrative Appeals Tribunal;
(f) the Commissioner, pursuant to sub-section (4), reconsiders the
determination referred to in paragraph (a) and makes a determination that is more favourable to the claimant than the determination referred to in paragraph (a);
(g) the Commissioner is satisfied that, if the Commissioner had had the
information contained in the relevant document at the time when the determination referred to in paragraph (a) was made, the Commissioner would have made a determination more favourable to the claimant than the determination referred to in paragraph (a); and
(h) the Commonwealth would, but for sub-section (10), be liable, under
sub-section (5) or (6), to reimburse the claimant for costs incurred by the claimant,

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the Commissioner may make a declaration, in writing, that sub-section (5) or (6), as the case may be, does not apply in relation to those costs.

"(10) Where the Commissioner makes a declaration under sub-section (8) or
(9) that sub-section (5) or (6) does not apply in relation to costs incurred by a claimant, sub-section (5) or (6), as the case requires, does not apply in relation to those costs.

"(11) The Commissioner shall give a copy of a declaration made under
sub-section (8) or (9) to the claimant.

"(12) Applications may be made to the Administrative Appeals Tribunal for
review of a decision by the Commissioner to make a declaration under sub-section (8) or (9).

"(13) In sub-section (12), 'decision' has the same meaning as in the
Administrative Appeals Tribunal Act 1975.".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 48
Compensation payable in respect of injuries resulting in partial incapacity

48. (1) Section 46 of the Principal Act is amended by inserting after sub-section (4) the following sub-section:

"(4A) In determining, for the purposes of sub-sections (2) and (3), the amount per week that an employee is able to earn in some suitable employment or business, the Commissioner shall have regard to-
(a) in a case where the employee is in employment-the amount per week that the employee is earning in that employment;
(b) in a case where, after becoming partially incapacitated for work, the employee received an offer of suitable employment and failed to accept that offer-the amount per week that the employee would be earning in that employment if the employee had accepted that offer and were engaged in that employment;
(c) in a case where, after becoming partially incapacitated for work, the employee received an offer of suitable employment and, having accepted that offer, failed to engage, or to continue to engage, in that employment-the amount per week that the employee would be earning in that employment if the employee were engaged in that employment;
(d) in a case where, after becoming partially incapacitated for work, the employee has failed to seek suitable employment-the amount per week that, having regard to the state of the labour-market at the relevant time, the employee could reasonably be expected to earn in such employment if the employee had sought, obtained and were engaged in such employment;
(e) in a case where paragraph (b), (c) or (d) applies to the employee-whether the employee's failure to accept an offer of employment, to engage, or to continue to engage, in employment or to seek employment, as the case may be, was, in the Commissioner's opinion, reasonable in all the circumstances; and
(f) any other matter that the Commissioner considers relevant.".

(2) The amendment made by sub-section (1) applies in relation to any weekly payments of compensation made in respect of a period occurring on or after the commencement of this section notwithstanding that the compensation is payable in respect of an injury sustained before the commencement of this section.

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 49
Notice to Commonwealth of injury, disease or loss of or damage to property

49. Section 53 of the Principal Act is amended by omitting from sub-sections (1), (2) and (3) ", as prescribed," (wherever occurring).

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 50

50. (1) Section 54 of the Principal Act is repealed and the following sections are substituted:

Manner of making claim for compensation
"54. Compensation is not payable under this Act to a person unless a claim in writing for the compensation was served on the Commissioner, by or on behalf of the person, in accordance with section 54a.

Service of documents on Commissioner
"54A. For the purposes of this Act, service of a document on the Commissioner shall be effected by giving the document to the Commissioner or to a delegate of the Commissioner.

Service of documents on Commonwealth
"54B. For the purposes of this Act, service of a document on the Commonwealth or an authority of the Commonwealth shall be effected by giving the document to-
(a) in any case-the Secretary to the Department of Social Security;
(b) in a case where the employee concerned was not a member of the Defence Force at the time when the injury or accident occurred or symptoms of the disease, or of the aggravation, acceleration or recurrence of the disease, first became apparent-the Secretary of the Department or the chief executive officer of the authority or Administration, in which the employee was employed at that time; or
(c) in a case where the employee concerned was a member of the Defence Force at that time-the Secretary to the Department of Defence.".

(2) The amendment made by sub-section (1) applies only in relation to an injury sustained by a person on or after the commencement of this section.

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 51

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51. (1) After section 59 of the Principal Act the following section is inserted:

Power of Commissioner to request the provision of information
"59A. (1) Where the Commissioner is satisfied that a claimant for compensation under this Act-
(a) has information or a document that is relevant to the claim; or
(b) may obtain such information or a copy of such a document without unreasonable expense or inconvenience, the Commissioner may, by notice in writing given to the claimant, request the claimant to give that information or a copy of that document to the Commissioner before the end of the period specified in the notice.

"(2) The period specified in a notice under sub-section (1) shall-
(a) commence on the date of the notice; and
(b) end not less than 28 days after that date.

"(3) A claimant who has received a notice under sub-section (1) shall be taken to have complied with the notice if the claimant gives the Commissioner the information or document specified in the notice within the period specified in the notice or such further period as the Commissioner allows.".

(2) The amendment made by sub-section (1) applies in relation to a claim made before or after the commencement of this section.

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 52
Costs of proceedings before Administrative Appeals Tribunal

52. Section 64 of the Principal Act is amended-
(a) by inserting in sub-section (2) ", subject to this section," after "Tribunal may";
(b) by inserting in sub-section (3) ", subject to this section," after "Tribunal shall"; and
(c) by inserting after sub-section (5) the following sub-sections:

"(5A) Where in any proceedings the Administrative Appeals Tribunal varies
or sets aside a determination of the Commissioner (in this sub-section referred to as the 'relevant determination'), the Administrative Appeals Tribunal shall not make an order pursuant to paragraph (2) (a) or sub-section (3) in favour of a party in relation to the costs of those proceedings if-
(a) the Commissioner, before making the relevant determination, gave the
party notice, pursuant to section 59A (1), requesting the party to give the Commissioner information specified in the notice (in this sub-section referred to as the 'relevant information'); and
(b) the Administrative Appeals Tribunal is satisfied that-
(i) the party failed to comply with that notice;
(ii) at the time when the Commissioner made the relevant determination,
the Commissioner did not have the relevant information and the relevant information was not reasonably available to the Commissioner; and
(iii) if the Commissioner had had the relevant information at the time
when the Commissioner made the relevant determination, the Commissioner would have made a determination more favourable to the claimant than the relevant determination.".

"(5B) Where in any proceedings the Administrative Appeals Tribunal varies
or sets aside a determination of the Commissioner (in this sub-section referred to as the 'relevant determination'), the Administrative Appeals Tribunal shall not make an order pursuant to paragraph (2) (a) or sub-section (3) in favour of a party in relation to the costs of those proceedings if-
(a) the Commissioner, before making the relevant determination, gave the
party a notice, pursuant to section 59A (1), requesting the party to give the Commissioner a copy of a document specified in the notice (in this sub-section referred to as the 'relevant document'); and
(b) the Administrative Appeals Tribunal is satisfied that-
(i) the party failed to comply with that notice;
(ii) at the time when the Commissioner made the relevant determination,
the Commissioner did not have the information contained in the relevant document and that information was not reasonably available to the Commissioner; and
(iii) if the Commissioner had the information contained in the relevant
document at the time when the Commissioner made the relevant determination, the Commissioner would have made a determination more favourable to the claimant than the relevant determination.".

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 53
Compensation not payable both under Act and under determination

53. Section 103 of the Principal Act is amended-
(a) by omitting from sub-section (2) "entitled to" (first occurring) and substituting "eligible to receive";
(b) by omitting from sub-section (2) "to" (second occurring);
(c) by omitting from sub-section (2) "entitled" (second occurring) and substituting "eligible"; and
(d) by omitting sub-section (6) and substituting the following sub-section:

"(6) Where an employee who has made an election under sub-section (2), or
a fresh election in accordance with sub-section (3), to receive compensation under this Act, compensation is not payable to the employee under this Act unless the employee serves a claim upon the Commissioner in accordance with section 54.".