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Tuesday, 10 April 1973
Page: 1270


Mr Clyde Cameron (HINDMARSH, SOUTH AUSTRALIA) - I move:

Omit the clause, substitute the following clause: *7. Section 25 of the Principal Act is amended -

(a)   by omitting from sub-section (2) the words "is intermittent or";

(b)   by omitting sub-section (9) and substituting the following sub-sections: "(9) Subject to the following provisions of this section, if the minimum amount per week payable to the employee in respect of the employment by the Commonwealth in which he was engaged at the date of the injury is increased, or would if he had continued in that employment have been increased, by reason of -

(a)   the attainment by the employee of a particular age;

(b)   the completion by the employee of a particular period of service; or

(c)   the receipt by the employee of an increase in salary, wages or pay by way of an increment in a range of salary, wages or pay applicable to him or to the office, position or appointment held by him, a reference in this Part to the average weekly earnings of the employee before the injury shall be read as a reference to the amount that is, by virtue of the foregoing provisions of this section, to be taken to be the amount of those average weekly earnings, increased by the same percentage as the percentage by which the minimum amount per week is increased, or would have been increased, as the case may be. "(9a) Subject to the following provisions of this section, if the employee continues after the date of the injury to be employed by the Commonwealth and the minimum amount per week payable to the employee in respect of that employment is increased by reason of the promotion of the employee, a reference In this Part to the average weekly earnings of the employee before the injury shall be read as a reference to the amount that is, by virtue of the foregoing provisions of this section, to be taken to be the amount of those average weekly earnings, increased by the same percentage as the percentage by which the rninimum amount per week payable to the employee is increased by reason of that promotion.";

(c)   by omitting from sub-section (10) the words "Subject to the next succeeding sub-section" and substituting the words "Subject to the following provisions of this section"; and

(d)   by inserting after sub-section (11) the following sub-sections: "(Ha) Notwithstanding anything in the foregoing provisions of this section, if the amount of the average weekly earnings of an employee before the injury as calculated in accordance with those provisions would, but for this subsection, exceed -

(a)   in the case of an employee who continues to be employed by the Common wealth - the amount per week of the earnings that the employee would receive if the employee were not totally or partially incapacitated for work; or (b) in the case of an employee whose employment by the Commonwealth has ceased by reason of his death or otherwise 7

(i)   the amount per week of the earnings that the employee would receive if the employee had continued to be employed by the Commonwealth in the employment in which he was engaged at the date of the injury; or 00 the amount per week of the earnings that the employee would receive if the employee had continued to be employed by the Commonwealth in the employment in which he was engaged at the date when his employment by the Commonwealth ceased, whichever is the greater, the amount so calculated shall be deemed to be reduced by the amount of the excess. "(11b) If an employee causes to be furnished to the Commissioner a statutory declaration by him stating that a specified amount was, or specified amounts were, earned by him from employment during a specified period, that declaration is prima facie evidence that that amount was, or those amounts were, so earned by him.".'.

I have conferred with the spokesmen for the Country Party and the Liberal Party on this matter. They are both in agreement with the amendment and understand it.

Amendment agreed to.

Clause, as amended, agreed to. .

Clauses 8 to 36 - by leave - taken together, and agreed to.

The Schedule.

1.   The following provisions of the Principal Act are amended by omitting the words 'of this Act', 'of this Part' and 'of this section' (wherever occurring):

Sections 2 (1), 5 (1) (definitions of 'Compensation Tribunal', 'employee', 'the Commissioner', and 'the proclaimed date"), 5(8) and (10), 6, 8(2) (b), (c) and (d), 8(4)(b) and (c), 19(4), 23 (3), 25(6), (7) and (9), 27(3),32(3) and (4), 33(1) and (3) (a), 34, 35, 37(5), (6) and (9), 49(3), 51(3) and (4), 52(3), 53(3), 54, 55 (3) (a) and (4), 57(3), 58(1) (a) and (5), 60 (4), 61 (3), (4) and (5), 62 (2), 63 (1), (2), (5), (6), (7) and (8), 72, 74(4), 76(5), 78, 85(5) and (7), 89(e), 92(1) and (2), 97(c), 100(3) (a) and (5), 101(3), 102(1), (2) and (5), 103(5), (6) and (7), 104(3), (6), (9), (10), (11), (12) and (14), 105(2), 107(1), (8) and (9), 108(2) and (3) and 117(3) and (4).

Amendment (by Mr Clyde Cameron) agreed to:

Omit from paragraph 1 the figures and word 25 (6), (7) and (9)' substitute '25 (6) and (7)'.

Schedule, as amended, agreed to.

Title agreed to.

Bill, as amended, agreed to.

Bill reported with amendments; report - by leave - adopted.







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