Commonwealth Consolidated Acts

SEAFARERS REHABILITATION AND COMPENSATION ACT 1992

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

           Division 1--Short title and commencement

   1.      Short title  
   2.      Commencement  

           Division 2--Definitions

   3.      General definitions  
   3A.     Declarations that a ship is or is not a prescribed ship  
   4.      Employees  
   5.      Employees lost at sea  
   6.      Injuries suffered by employees  
   7.      Injuries etc. resulting from medical treatment  
   8.      Incapacity for work  
   9.      Injury arising out of, or in the course of, employment  
   10.     Provisions relating to diseases  
   11.     Hearing impairment--time when suffered  
   12.     Serious and wilful misconduct  
   13.     Normal weekly earnings  
   14.     Recovery of damages  
   15.     Persons who are wholly or partly dependent  
   16.     Certain family relationships  
   17.     Persons caring for prescribed children  

           Division 3--Miscellaneous preliminary provisions

   18.     Extent of Act  
   19.     Application of Act  
   20.     Act not to apply to employees within the meaning of the Safety , Rehabilitation and Compensation Act 1988  
   20A.    Act not to apply to exempt employment  
   21.     Act binds Crown etc.  
   21A.    Application of Criminal Code  
   22.     Amounts of compensation  
   23.     Indexation--Consumer Price Index  
   23A.    Indexation--Wage Price Index  
   24.     Liability to pay compensation  
   25.     Compensation to be paid in full  

   PART 2--COMPENSATION

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

   26.     Compensation for injuries  
   27.     Compensation for property loss or damage  
   28.     Compensation for medical and related expenses  

           Division 2--Injuries resulting in death

   29.     Compensation for injuries resulting in death  
   30.     Compensation in respect of funeral expenses  

           Division 3--Injuries resulting in incapacity for work

   31.     Compensation for injuries resulting in incapacity  
   32.     Determination of suitable employment  
   33.     Compensation for injuries resulting in incapacity where employee is in receipt of a superannuation pension  
   34.     Compensation for injuries resulting in incapacity where employee is in receipt of a lump sum benefit  
   35.     Compensation for injuries resulting in incapacity where employee rolled - over part of a lump sum benefit  
   36.     Compensation for injuries resulting in incapacity where the employee rolled - over the whole of a lump sum benefit  
   37.     Compensation where employee is maintained in a hospital  
   38.     Compensation for incapacity not payable in certain cases  

           Division 4--Injuries resulting in permanent impairment

   39.     Compensation for injuries resulting in permanent impairment  
   40.     Interim payment of compensation  
   41.     Compensation for non - economic loss  
   42.     Approved Guide  

           Division 5--Household and attendant care services

   43.     Compensation for household services and attendant care services obtained as a result of a non - catastrophic injury  
   43A.    Compensation for household services and attendant care services obtained as a result of a catastrophic injury  

           Division 6--Miscellaneous

   44.     Redemption of compensation  
   45.     Recurrent payments after payment of lump sum  
   46.     Cancelled determinations not to affect certain payments of compensation  
   47.     Reduction of compensation in certain cases  

   PART 3--REHABILITATION

   48.     Approved rehabilitation program providers  
   49.     Assessment of capability of undertaking rehabilitation program  
   50.     Provision of rehabilitation programs  
   51.     Compensation payable in respect of certain alterations etc.  
   52.     Duty to provide suitable employment  

   PART 4--LIABILITIES--ARISING APART FROM THIS ACT

   53.     Interpretation  
   54.     Employee not to have right to bring action for damages against employer etc. in certain cases  
   55.     Actions for damages--election by employees  
   56.     Notice of proceedings against third party  
   57.     Notice of proceedings against employer  
   58.     Compensation not payable if damages recovered  
   59.     Proceedings against third parties  
   60.     Payment of damages by persons to employer  
   61.     Compensation not payable both under Act and under award  

   PART 5--NOTICES--AND CLAIMS

   62.     Notice of injury or loss of, or damage to, property  
   63.     Claims for compensation  
   64.     Survival of claims  
   65.     Claims may not be made in certain cases  
   66.     Power to require medical examination  
   67.     Power to request the provision of information relevant to claim  
   68.     Certain documents to be supplied on request  
   69.     Neither section 67 nor 68 to affect legal professional privilege  
   70.     Legal professional privilege not to apply to medical reports  
   71.     Bankruptcy etc. of actual employer  
   72.     Time limit for determining claims relating to death  
   73.     Time limit for determining claims relating to incapacity for work, loss of or damage to property or cost of medical treatment  
   73A.    Time limit for determining claims relating to permanent impairment  
   74.     Employer may seek review of Authority's decision  
   75.     Sections 72 to 74 (inclusive) not to apply to Authority if declaration made under section 100  

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

           Division 1--Definitions

   76.     Interpretation  

           Division 2--Reconsideration of determinations by employers

   77.     Determinations to be notified in writing  
   78.     Reconsiderations of determinations  
   79.     Time limit for reconsideration of determinations  
   80.     Employer may seek review of Authority's decision  
   81.     Sections 79 and 80 not to apply to Authority if declaration made under section 100  
   82.     Industry panel or Comcare to give copy of report to employer to claimant  
   83.     Power to request the provision of information relevant to reconsideration  
   83A.    Power to request employee to undergo medical examination  
   84.     Section 83 not to affect legal professional privilege  
   85.     Legal professional privilege not to apply to medical reports  
   86.     Bankruptcy etc. of employer  
   87.     Reviewable decision to be notified in writing  
   88.     Applications to the ART  

           Division 3--ART review of reviewable decisions and extension of time decisions

   89.     Modified ART Act to apply  
   90.     Evidence in proceedings before ART  
   91.     Costs of proceedings before ART--general  
   92.     Costs of proceedings before ART--when costs payable by employer  

   PART 7--COMPULSORY--INSURANCE AND THE FUND

           Division 1--Compulsory insurance

   93.     Compulsory insurance  
   94.     Employer to give details of insurance or indemnity arrangements to Authority  
   95.     Authority may require evidence from employer  

           Division 2--The Fund

   96.     The Fund  
   97.     Fund to insure  
   98.     Fund to provide Authority with financial information  
   99.     Minister may revoke approval under section 96  

           Division 3--Reserve function of Authority

   100.    Ministerial declaration  
   101.    Effect of Ministerial declaration  
   102.    Authority to insure if declaration made under section 100  

   PART 8--ADMINISTRATION

           Division 1--Seafarers Safety, Rehabilitation and Compensation Authority

   103.    Establishment  
   104.    Functions  
   105.    Powers  
   106.    Power to obtain information  
   107.    Directions by Minister  

           Division 2--Constitution and meetings of Authority

   109.    Constitution  
   110.    Appointment of members  
   111.    Term of office  
   112.    Deputies of members  
   113.    Persons acting as Chairperson or Deputy Chairperson  
   114.    Remuneration and allowances  
   115.    Leave of absence  
   116.    Disclosure of interests  
   117.    Resignation  
   118.    Termination of appointment  
   119.    Meetings  

           Division 4--Miscellaneous

   125.    Delegation by Authority and sub - delegation  

   PART 9--MISCELLANEOUS

   126.    Employee to give information about prior employers  
   127.    Determinations to be in writing  
   128.    Shared liability  
   129.    Subrogation of rights of actual employer to Fund  
   130.    Payment of compensation  
   131.    Employee to notify other employers that compensation has been paid  
   132.    Recovery of compensation payments  
   133.    Money paid for benefit of person  
   134.    Provisions applicable on death of beneficiary  
   135.    Assignment, set - off or attachment of compensation  
   136.    Recovery of overpayments  
   137.    Employees on compensation leave  
   139.    Compensation where State compensation payable  
   139A.   Exclusion of State laws relating to workers' compensation  
   140.    Notice of departure from Australia etc.  
   141.    Comcare may charge for officer's services provided to employer  
   143.    Regulations  
   144.     Legislative rules