Industrial Relations Legislation Amendment Act 1991

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