Industrial Relations Legislation Amendment Act 1991

Administered by Attorney-General's Department

Legislation au C2004A04197 In force Act

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Industrial Relations Legislation Amendment Act 1991

No. 122 of 1991

TABLE OF PROVISIONS

PART 1—PRELIMINARY

Section

 

1.

Short title

2.

Commencement

 

PART 2—AMENDMENTS OF THE COMMONWEALTH EMPLOYEES’ REHABILITATION AND COMPENSATION ACT 1988

3.

Principal Act

4.

Interpretation

5.

Normal weekly earnings

6.

Insertion of new section:

 

41a. Delegation by rehabilitation authority

7.

Compensation not payable where damages recovered

8.

Costs of proceedings before Administrative Appeals Tribunal

9.

Appointment of members

10.

Contracts

11.

Repeal of sections 96, 97 and 98

12.

Insertion of new Division:

 

Division 4a—Premiums

 

96. Estimates of premiums

 

96a. Amount of premium

 

96b. Estimate of premium for certain Commonwealth authorities

 

96c. Information to be given to Commission

 

96d. Review by Commission

 

96e. Estimates to be submitted to Minister for approval

TABLE OF PROVISIONS—continued

Section

 

 

96f. Review by Minister

 

96g. Approval and payment

 

96h. Variation of estimate

 

96j.  Discounts and surcharges

 

96k. Commission to specify proposed surcharge

 

97.  Penalty for late payment

 

98.  Limitation of Minister’s power to give certain directions

13.

Administering authorities

14.

Disallowable instruments

15.

Insertion of new section:

 

123a. Injuries suffered before the commencing day

16.

Application of Act to pre-existing injuries

17.

Notices, claims etc. under previous Acts

18.

Insertion of new section:

 

128a. Commission’s liability to be discharged by prescribed Commonwealth authorities in some cases

19.

Application for review and other proceedings under previous Acts

20.

Insertion of new section:

 

129a. Reconsideration and review of certain determinations under 1971 Act

21.

Validation

 

PART 3—AMENDMENTS OF THE REMUNERATION TRIBUNAL ACT 1973

22.

Principal Act

23.

Title

24.

Interpretation

25.

Establishment of Remuneration Tribunal

26.

Insertion of new section:

 

4b.  Disclosure of interest by Tribunal members

27.

Inquiries and reports by Tribunal

28.

Inquiries and determinations by Tribunal

29.

Time of making reports and determinations

30.

Insertion of new section:

 

8a.  Time of making recreation leave determinations

 

PART 4—AMENDMENTS OF OTHER ACTS

31.

Consequential amendments

SCHEDULE

CONSEQUENTIAL AMENDMENTS OF OTHER ACTS

Industrial Relations Legislation Amendment Act 1991

No. 122 of 1991

An Act to amend the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 and the Remuneration Tribunal Act 1973, and for other purposes

[Assented to 27 June 1991]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Industrial Relations Legislation Amendment Act 1991.

Commencement

2. (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) Subsection 4 (1), paragraph 10 (b) and sections 15, 16, 17, 18, 19 and 20 are taken to have commenced on 1 December 1988.

(3)     Subject to subsection (4), paragraphs 28 (b), (c), (d) and (e) and sections 30 and 31 commence on a day or days to be fixed by Proclamation.

(4)     If a provision referred to in subsection (3) does not commence within the period of 6 months beginning on…

Overview

The Industrial Relations Legislation Amendment Act 1991 (C2004A04197) was enacted by the Parliament of Australia and received Royal Assent on 27 June 1991. This Act aimed to amend the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 and the Remuneration Tribunal Act 1973, addressing various issues including the definition of injury, delegation of powers, compensation not payable where damages were recovered, and costs of proceedings before the Administrative Appeals Tribunal. The Act also introduced changes to the appointment of members, contracts, and the repeal of certain sections, alongside the introduction of new sections on delegation by rehabilitation authority, premiums, and other amendments. The policy objective was to provide clearer definitions, streamline processes, and enhance the administration of rehabilitation and compensation for Commonwealth employees, as well as to ensure fair and efficient determination of remuneration and leave entitlements for public sector officials.

Scope and Application

The Industrial Relations Legislation Amendment Act 1991 (Cth) is a Commonwealth Act that amends the Commonwealth Employees' Rehabilitation and Compensation Act 1988 (Cth) and the Remuneration Tribunal Act 1973 (Cth) and makes corresponding amendments to other specified Acts. This Act applies to employees, employers, and Commonwealth authorities, including prescribed Commonwealth authorities, within the jurisdiction of the Commonwealth of Australia. The Act does not explicitly state exclusions or thresholds, but its application is limited to Commonwealth authorities as defined and specified within the Act. The Act extends its application through subordinate instruments by making amendments to other specified Acts as outlined in the consequential amendments schedule. The Act provides for the amendment of the definition of "injury" under the Commonwealth Employees' Rehabilitation and Compensation Act 1988, introduces new provisions for the delegation of powers by rehabilitation authorities, modifies the compensation provisions, and adjusts the threshold for contracts under the Act. Additionally, the Act introduces new provisions for the estimation and payment of premiums for Departments and Commonwealth authorities, as well as provisions for the disclosure of interest by Tribunal members under the Remuneration Tribunal Act 1973. The Act also amends the definition of "Commonwealth authority" to include certain bodies corporate.

Key Provisions

  • The Industrial Relations Legislation Amendment Act 1991 makes several amendments to existing legislation, primarily the Commonwealth Employees' Rehabilitation and Compensation Act 1988 and the Remuneration Tribunal Act 1973. The Act introduces changes related to the definition of injury and compensation, the estimation and payment of premiums, and the disclosure of interests by tribunal members.
  • Firstly, the Act modifies the definition of "injury" under the Commonwealth Employees' Rehabilitation and Compensation Act 1988 to include an aggravation of a physical or mental injury that arose out of or in the course of employment. It also expands the definition of "Commonwealth authority" to include certain bodies corporate and territories. The Act introduces provisions for delegation of powers by rehabilitation authorities, modifies the calculation of normal weekly earnings, and establishes a new framework for estimating and paying premiums. The premiums are calculated based on prescribed amounts, penalty amounts, and bonus amounts, taking into account various factors such as the number of claims, compensation paid, and rehabilitation and occupational health and safety programs.
  • Secondly, the Act imposes obligations on the parties involved. The Secretary to each Department and the principal officer of each Commonwealth authority must provide estimates of salary, wages, or pay to the Commission. The Commission must prepare and submit estimates of premiums to the Minister for approval, who must review the estimates within 14 days. The Minister may direct the payment of premiums in instalments or before the beginning of the financial year. The Act also allows for the variation of estimates under certain conditions and specifies the process for reviewing and approving such variations.
  • Thirdly, the Act outlines the consequences of breach. If an amount of premium is not paid or transferred in accordance with a direction of the Minister, interest is payable on the amount. The Minister's power to give certain directions is limited if it would involve the possible payment of a surcharge. The Act provides for the reconsideration and review of certain determinations and specifies the conditions under which the Commission may determine recreation leave entitlements for full-time holders of relevant offices. Failure to comply with the requirements of the Act may result in financial penalties, including interest and surcharges.

Legal classification tags

Area of Law
Industrial Relations & Employment Law
Instrument
Act
Concepts
Definitions & Interpretation
Repeal & Amendment
Transitional Provisions
Licensing & Registration
Reporting & Disclosure Obligations
Enforcement Powers
Regulatory Standards
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.