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Safety, Rehabilitation and Compensation and Other Legislation Amendment Bill 2000

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1998-1999-2000-2001

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

SENATE

 

 

 

 

 

SAFETY, REHABILITATION AND COMPENSATION AND OTHER

LEGISLATION AMENDMENT  BILL 2000

 

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

Amendments to be moved on behalf of the Government

 

 

 

 

 

(Circulated by authority of the Minister for Employment, Workplace Relations

and Small Business, the Honourable Tony Abbott MP)

 

 

 



 

SAFETY, REHABILITATION AND COMPENSATION AND OTHER

LEGISLATION AMENDMENT BILL 2000

 

(Amendments to be moved on behalf of the Government)

 

 

OUTLINE



These amendments:

§   provide for a later commencement date for Part 10 of Schedule 2 to the Safety, Rehabilitation and Compensation and Other Legislation Amendment Bill 2000;

§   clarifies the arrangements for the approval provide for a correct ed definition of an approved program provider; and

§   make other changes consequential to adjustments to the Safety, Rehabilitation and Compensation Act 1988 which were made by regulations under the Public Employment (Consequential and Transitional) Amendment Act 1999 .

FINANCIAL IMPACT STATEMENT

The amendments proposed to the Bill are not expected to have any impact on Commonwealth expenditure.

 





NOTES ON AMENDMENTS

 

Amendment No. 1 - Clause 2, page 2 (line 11)

 

Subclause 2(5) sets out the commencement date of Part 10 of Schedule 2.  This amendment is proposed because the amendments at Part 10 will change what is to be included in premiums due to Comcare, from agencies, for the coming financial years.  The Safety, Rehabilitation and Compensation Commission determines the premiums due from agencies in June each year.  Delays in the passage of this Bill (the SRCOLA Bill) have meant that the commencement of the Part 10 changes must be deferred from 1 July 2001 to 1 July 2002.

 

Amendment No. 2 - Schedule 2, page 30 (before line 4)

 

New item 25A - Subsection 4(1)

 

New item 25A is to repeal the definition of approved program provider in subsection 4(1) and substitute a new definition.  This amendment is proposed as consequential to amendments proposed in the Bill to section 34 of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act).  Subsection 4(1) currently defines an approved program provider as “a person approved under section 34”.  Item 26 of the Bill proposes to repeal the existing section 34 and substitute a number of new provisions that deal with the approval of rehabilitation program providers.  The new section 34 will deal only with definitions and not approvals.  It is therefore necessary to amend the definition of “approved program providers” in subsection 4(1).

 

Amendment No. 3 - Schedule 2, page 39 (before line 26)

 

New item 27A - Subsection 37(2)

 

This item proposes to insert a new item 27A which would repeal existing subsection 37(2) and replace it with a new subsection 37(2).  This change is consequential to the amendments to Part 6 set out in the Bill and clarifies the circumstances under which a rehabilitation authority can make arrangements for the provision of a rehabilitation program.

 

Amendment No. 4 - Schedule 2, item 37, page 43 (line 3)

 

This amendment is the first of the amendments to align the provisions of the SRCOLA Bill with changes to the SRC Act made by regulations under the Public Employment (Consequential and Transitional) Amendment Act 1999 (PECTA Act).  The PECTA Act, which allows for consequential amendments of other Acts by regulations, deals with consequential and transitional matters arising from the repeal of the Public Service Act 1922 and its replacement with the Public Service Act 1999 (the 1999 Act).

 

The 1999 Act significantly changed the meaning of the terms ‘Department’ and ‘Secretary of Department’.  The SRC Act originally applied to ‘Departments’, ‘Commonwealth authorities’, licensed authorities and licensed corporations.  After the passage of the 1999 Act, the definition of ‘Department’ specifically excluded an ‘Executive Agency’ and a ‘Statutory Agency’.  The effect of this was that agencies could not be treated as Departments and technically should lose their status as separate entities under the SRC Act.  This is not appropriate because being treated as separate agencies allows for the appropriate allocation for workers compensation and occupational health at the agency level.

 

To address these difficulties the Safety, Rehabilitation and Compensation Act 1988 Amendment Regulations 2001 (No. 1) (Statutory Rule No. 70 of 2001) removed references to ‘Department’ and ‘Secretary of a Department’ and replaced them with the new terms ‘Entity’ and ‘principal officer’ in relation to an Entity.   Definitions of these terms have been inserted in the interpretation provisions of the SRC Act.  These new terms were used to preserve the existing coverage of the SRC Act.  

 

The majority of the following amendments to the SRCOLA Bill are consequential in nature and include the replacement of reference to ‘Department’ with references to ‘Entity’, and references to ‘Secretary of a Department’ replaced with references to ‘principal officer of an Entity’.

 

Amendment No. 4, in particular, omits a reference to “Secretary to a Department” and replaces it with a reference to “principal officer of an Entity”.

 

Amendment No. 5 - Schedule 2, item 37, page 43 (line 8)

 

This amendment replaces a reference to “Department” with a reference to “Entity”.

 

Amendment No. 6 - Schedule 2, item 49, page 46 (line 23)

 

This amendment replaces a reference to “eligible entity” with a reference to “eligible applicant”.  The purpose of this is to address any potential confusion arising from the interaction of the existing term “eligible entity” and the term “entity” which was introduced in Statutory Rule No. 70 of 2001 and which gave effect to the terminology used in the Public Service Act 1999 .

 

Amendment No. 7 - Schedule 2, item 49, page 48 (line 9)

 

This amendment replaces a reference to “entity” with a reference to “applicant”.  This amendment is necessary for the reasons set out in relation to Amendment No. 6.

 

Amendment No. 8 - Schedule 2, item 49, page 48 (line 11)

Amendment No. 9 - Schedule 2, item 49, page 48 (line 17)

Amendment No. 10 - Schedule 2, item 49, page 48 (line 20)

Amendment No. 11 - Schedule 2, item 49, page 48 (line 26)

 

These amendments insert the word “eligible” before “applicant”.  These amendments are necessary to provide for consistent terminology in this Part consequent to Amendment No. 6.

 

Amendment No. 12 - Schedule 2, item 49, page 49 (line 7)

Amendment No. 13 - Schedule 2, item 49, page 49 (line 9)

 

These amendments omit the term “entity” and replace it with the term “applicant” for the reasons set out at Amendment No. 6.

 

Amendment No. 14 - Schedule 2, item 58, page 63 (line 17)

Amendment No. 15 - Schedule 2, item 58, page 63 (line 21)

Amendment No. 16 - Schedule 2, item 59, page 63 (line 29)

Amendment No. 17 - Schedule 2, item 59, page 63 (line 33)

Amendment No. 18 - Schedule 2, item 69, page 69 (line 27)

Amendment No. 19 - Schedule 2, item 69, page 69 (line 31)

Amendment No. 20 - Schedule 2, item 69, page 70 (line 4)

Amendment No. 21 - Schedule 2, item 69, page 70 (line 6)

Amendment No. 22 - Schedule 2, item 69, page 70 (line 15)

Amendment No. 23 - Schedule 2, item 72, page 71 (line 21)

Amendment No. 24 - Schedule 2, item 72, page 73 (line 10)

Amendment No. 25 - Schedule 2, item 72, page 73 (line 13)

Amendment No. 26 - Schedule 2, item 75, page 74 (line 12)

Amendment No. 27 - Schedule 2, item 75, page 74 (lines 16 and 17)

Amendment No. 28 - Schedule 2, item 75, page 74 (line 22)

Amendment No. 29 - Schedule 2, item 75, page 74 (line 26)

 

These amendments replace a number of references to “Department” with references to “Entity” as appropriate.

 

Amendment No. 30 - Schedule 2, item 75, page 74 (lines 29 and 30)

 

This amendment omits the expression “Department of” and replaces it with the expression “Entity or”, consistent with other amendments introduced pursuant to the Public Service Act 1999 and to correct a typographical error in the draft Bill.

 

Amendment No. 31 - Schedule 2, item 75, page 75 (line 2)

Amendment No. 32 - Schedule 2, item 75, page 75 (line 6)

Amendment No. 33 - Schedule 2, item 75, page 75 (line 9)

Amendment No. 34 - Schedule 2, item 75, page 75 (line 12)

Amendment No. 35 - Schedule 2, item 75, page 75 (line 16)

Amendment No. 36 - Schedule 2, item 75, page 75 (line 18)

Amendment No. 37 - Schedule 2, item 75, page 75 (line 20 and 21)

Amendment No. 38 - Schedule 2, item 75, page 75 (line 25)

Amendment No. 39 - Schedule 2, item 75, page 75 (line 32)

Amendment No. 40 - Schedule 2, item 75, page 75 (line 34)

Amendment No. 41 - Schedule 2, item 75, page 76 (line 7)

Amendment No. 42 - Schedule 2, item 75, page 76 (line 12)

Amendment No. 43 - Schedule 2, item 75, page 76 (line 15)

Amendment No. 44 - Schedule 2, item 75, page 76 (line 17)

Amendment No. 45 - Schedule 2, item 75, page 76 (line 28)

Amendment No. 46 - Schedule 2, item 75, page 76 (line 35)

Amendment No. 47 - Schedule 2, item 75, page 77 (line 30)

Amendment No. 48 - Schedule 2, item 75, page 78 (line 8)

Amendment No. 49 - Schedule 2, item 75, page 78 (line 14)

Amendment No. 50 - Schedule 2, item 75, page 78 (line 23)

Amendment No. 51 - Schedule 2, item 75, page 78 (line 29)

Amendment No. 52 - Schedule 2, item 75, page 78 (line 31)

Amendment No. 53 - Schedule 2, item 75, page 78 (line 34)

Amendment No. 54 - Schedule 2, item 75, page 79 (line 5)

Amendment No. 55 - Schedule 2, item 75, page 79 (line 9)

 

These amendments replace a number of references to “Department” or “Departments” with references to “Entity” or “Entities”, as appropriate.

 

Amendment No. 56 - Schedule 2, item 75, page 79 (lines 19 and 20)

 

This amendment omits a reference to “Secretary of each Department and the principal officer of each Commonwealth authority” and replaces it with a reference to “principal officer of each Entity or each Commonwealth authority”.

 

Amendment No. 57 - Schedule 2, item 75, page 79 (line 22)

 

This amendment replaces a reference to “Department” with a reference to “Entity”.

 

Amendment No. 58 - Schedule 2, item 75, page 79 (lines 25 and 26)

 

This amendment omits a reference to “Secretary of a Department, or the principal officer of a Commonwealth authority” and replaces it with a reference to “principal officer of an Entity or a Commonwealth authority”.

 

Amendment No. 59 - Schedule 2, item 75, page 79 (line 31)

 

This amendment replaces a reference to “Department” with a reference to “Entity”.

 

Amendment No. 60 - Schedule 2, item 75, page 80 (lines 6 and 7)

 

This amendment omits a reference (in relation to the appropriate giving of notice by Comcare) to “a Department to the Secretary of a Department” and replaces it with a reference to “an Entity to the principal officer of the Entity”. 

 

Amendment No. 61 - Schedule 2, item 75, page 80 (line 12)

Amendment No. 62 - Schedule 2, item 75, page 80 (line 14)

 

These amendments replace references to “Department” with references to “Entity” as appropriate.

 

Amendment No. 63 - Schedule 2, item 75, page 80 (lines 16 and 17)

 

This amendment omits a reference to “Secretary of a Department or the principal officer of a Commonwealth” and replaces it with a reference to “principal officer of an Entity or a Commonwealth” (authority). 

 

Amendment No. 64 - Schedule 2, item 75, page 80 (line 19)

 

This amendment replaces a reference to “Department” with a reference to “Entity”.

 

Amendment No. 65 - Schedule 2, item 75, page 80 (lines 20 and 21)

 

This amendment omits a reference to “Secretary of a Department or the principal officer of an authority” and replaces it with a reference to “principal officer of an Entity or an authority”.

 

Amendment No. 66 - item 75, page 80 (lines 23 and 24)

 

This amendment omits a reference to “Secretary of a Department or the principal officer of a Commonwealth authority” and replaces it with a reference to “principal officer of an Entity or a Commonwealth authority”.

 

Amendment No. 67 - Schedule 2, item 75, page 80 (line 25)

 

This amendment deletes a reference to “the Secretary or”, meaning that the reference would be to the “principal officer” only.

 

Amendment No. 68 - Schedule 2, item 75, page 80 (lines 28 and 29)

 

This amendment omits a reference to “Secretary of the Department, or the principal officer of the Commonwealth authority” and replaces it with a reference to “principal officer of the Entity or the Commonwealth authority”.

 

Amendment No. 69 - Schedule 2, item 75, page 81 (line 1)

 

This amendment replaces a reference to “Department” with a reference to “Entity”.

 

Amendment No. 70 - Schedule 2, item 75, page 81 (lines 9 and 10)

 

This amendment omits a reference to “Secretary of the Department, or the principal officer of the Commonwealth” and replace it with a reference to “principal officer of the Entity or the Commonwealth” (authority). 

 

Amendment No. 71 - Schedule 2, item 75, page 81 (lines 12 and 13)

 

This amendment omits a reference to “Secretary of a Department or the principal officer of a Commonwealth” and replace it with a reference to “principal officer of an Entity or a Commonwealth” (authority). 

 

Amendment No. 72 - Schedule 2, item 75, page 81 (line 15)

Amendment No. 73 - Schedule 2, item 75, page 81 (line 16)

Amendment No. 74 - Schedule 2, item 75, page 81 (lines 22 and 23)

 

These amendments replaces references to “Department” with references to “Entity” as appropriate.

 

Amendment No. 75 - Schedule 2, item 75, page 81 (lines 25 and 26)

 

This amendment replaces the words “Secretary of the Department, or the principal officer of the authority” with “principal officer of the Entity or authority”.

 

Amendment No. 76 - Schedule 2, item 75, page 81 (line 28)

 

This amendment deletes a reference to “the Secretary or”, thus the reference would be to the “principal officer” only.

 

Amendment No. 77 - Schedule 2, item 75, page 82 (lines 8 and 9)

 

This amendment omits a reference to “Secretary of the Department, or the principal officer of the Commonwealth authority” and replace it with a reference to “principal officer of the Entity or the Commonwealth authority”.

 

Amendment No. 78 - Schedule 2, item 75, page 82 (line 13)

Amendment No. 79 - Schedule 2, item 75, page 82 (line 18)

Amendment No. 80 - Schedule 2, item 75, page 82 (line 20)

Amendment No. 81 - Schedule 2, item 75, page 82 (line 28)

Amendment No. 82 - Schedule 2, item 75, page 83 (lines 3 and 4)

Amendment No. 83 - Schedule 2, item 75, page 83 (line 11)

 

These amendments replace references to “Department” or “Department’s” with references to “Entity” or “Entities” as appropriate.

 

Amendment No. 84 - Schedule 2, item 75, page 83 (lines 20 and 21)

 

This amendment omits a reference to “Secretary of the Department or the principal officer of the Commonwealth” and replace it with a reference to “principal officer of the Entity or the Commonwealth” (authority).

 

Amendment No. 85 - Schedule 2, item 75, page 83 (line 27)

Amendment No. 86 - Schedule 2, item 75, page 83 (line 32)

Amendment No. 87 - Schedule 2, item 75, page 83 (line 34)

Amendment No. 88 - Schedule 2, item 75, page 84 (line 1)

Amendment No. 89 - Schedule 2, item 75, page 84 (line 5)

Amendment No. 90 - Schedule 2, item 75, page 84 (lines 21 and 22)

Amendment No. 91 - Schedule 2, item 75, page 84 (line 23)

Amendment No. 92 - Schedule 2, item 76, page 85 (line 7)

Amendment No. 93 - Schedule 2, item 77, page 85 (line 18)

Amendment No. 94 - Schedule 2, item 78, page 85 (lines 30 and 31)

Amendment No. 95 - Schedule 2, item 78, page 86 (lines 7 and 8)

Amendment No. 96 - Schedule 2, item 80, page 86 (line 25)

 

These amendments replace references to “Department” with references to “Entity” as appropriate.

 

Amendment No. 97 - Schedule 2, items 96 to 99 inclusive, page 90 (line 27) to page 91 (line 4)

 

This amendment proposes omission of items which have been overtaken by the changes made to the SRC Act by the regulations made under the PECTA Act.