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Safety, Rehabilitation and Compensation Amendment Bill 2010

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2008 - 2009

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

SAFETY, REHABILITATION AND COMPENSATION AMENDMENT BILL 2009

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Employment and Workplace Relations, the Honourable Julia Gillard MP)



 

 

SAFETY, REHABILITATION AND COMPENSATION AMENDMENT BILL 2009

 

OUTLINE

This Bill will amend section 100 of the Safety, Rehabilitation and Compensation Act 1988

(the SRC Act) to provide the Minister with an absolute discretion to consider requests for declarations of eligibility for a licence under the SRC Act.

The aim of the amendment is to make explicit that section 100 of the SRC Act empowers, but does not oblige, the Minister to consider or determine requests for declarations of eligibility. In particular, the Minister would not be able to be compelled to consider these requests.  This would apply to new requests or applications, and any existing applications that have been made but not determined.

 

 

FINANCIAL IMPACT STATEMENT

The amendment is of an administrative character and there will be no financial cost to the Commonwealth.

 



NOTES ON CLAUSES

Clause 1 - Short title

1.         This is a formal provision specifying the short title of the Act. 

Clause 2 - Commencement 

2.           This clause would provide that this Act commences on Royal Assent.

Clause 3 - Schedule(s)

11.       This clause would provide that an Act that is specified in a Schedule is amended or repealed as set out in that Schedule, and any other item in a Schedule operates according to its terms. 



Schedule 1 ~ Main Amendments

Proposed Item 1 - Section 100

Proposed Item 1 is a technical amendment re-numbering the section to provide for its expansion.

Proposed Item 2 - at the end of section 100

Proposed Item 2 would provide that the Minister is not required to consider a request for a declaration of eligibility under subsection (1). This would provide the Minister with an absolute discretion on whether or not to consider a request.

Proposed Item 3 - Application

Proposed Item 3 would provide that the amendments in Item 2 would apply to requests made before, at or after the time at which that Item commences.