Safety, Rehabilitation and Compensation Act 1988 (Cth)

Safety, Rehabilitation and Compensation Act 1988

No. 75, 1988

Compilation No. 81

Compilation date: 21 February 2025

Includes amendments: Act No. 14, 2025

About this compilation

This compilation

This is a compilation of the Safety, Rehabilitation and Compensation Act 1988 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act relating to the rehabilitation of employees of the Commonwealth and certain corporations and to workers’ compensation for those employees and certain other persons, and for related purposes

Part IPreliminary 1Short title

This Act may be cited as the Safety, Rehabilitation and Compensation Act 1988.

2Commencement

(1)
Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.
(2)
The remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

3Application of Act

Subject to section 117, this Act extends to all places outside Australia, including the external Territories.

4Interpretation

(1)
In this Act, unless the contrary intention appears:
ACT enactment means an enactment as defined by section 3 of the ACT Self‑Government Act.
action for non‑economic loss means any action (whether or not it involves the formal institution of a proceeding) to recover an amount for damages for non‑economic loss sustained by an employee as a result of an injury suffered by that employee:
1. (a)
  that is taken by the employee against the employer, whether it is the Commonwealth, a Commonwealth authority or a licensed corporation, or against another employee; and
2. (b)
  that follows an election made by the first‑mentioned employee under subsection 45(1).
ACT Self‑Government Act means the Australian Capital Territory (Self‑Government) Act 1988.
administering authority means a Commonwealth authority that, immediately before the repeal of Part VIII, was an administering authority under that Part.
adoption means adoption under a law of a State or Territory or of a foreign country.
aggravation includes acceleration or recurrence.
ailment means any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development).
approved Guide means:
1. (a)
  the document, prepared by Comcare in accordance with section 28 under the title “Guide to the Assessment of the Degree of Permanent Impairment”, that has been approved by the Minister and is for the time being in force; and
2. (b)
  if an instrument varying the document has been approved by the Minister—that document as so varied.
approved program provider means a person or body approved under section 34F or 34H as a rehabilitation program provider and includes a person or body so approved whose approval is renewed under section 34L.
approved Rehabilitation Assessments and Examinations Guide means:
1. (a)
  the document prepared by Comcare in accordance with section 57A, titled “Guide for Arranging Rehabilitation Assessments and Requiring Examinations”, that has been approved by the Minister and is for the time being in force; or
2. (b)
  if an instrument varying that document has been approved by the Minister—that document as so varied.
attendant care services, in relation to an employee, means services (other than household services, medical or surgical services or nursing care) that are required for the essential and regular personal care of the employee.
catastrophic injury means an injury, where the conditions specified in the legislative rules are satisfied.
Chairperson means the Chairperson of the Commission.
Chief Executive Officer means the Chief Executive Officer appointed under section 74, and includes a person who is acting as the Chief Executive Officer.
child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.
claim means a claim under Part V.
claimant, in relation to a time after the death of a claimant, has the meaning given in subsection (11).
Comcare means the body corporate established by section 68.
Comcare subsidiary means an incorporated company formed by Comcare.
Commission means the Safety, Rehabilitation and Compensation Commission established by section 89A.
Commissioner means a member of the Commission other than the Chief Executive Officer.
Commonwealth, in relation to persons employed by a Commonwealth authority, has the additional meaning given in subsection 5(7).
Commonwealth authority means:
1. (a)
  a body corporate that is incorporated for a public purpose by a law of the Commonwealth, other than a body declared by the Minister, by legislative instrument, to be a body corporate to which this Act does not apply; or
2. (b)
  a body corporate that is incorporated for a public purpose by a law of a Territory (other than an ACT enactment or a law of the Northern Territory) and is declared by the Minister, by legislative instrument, to be a body corporate to which this Act applies; or
3. (c)
  a body corporate:
  1. (i)
    that is incorporated under a law of the Commonwealth or a law in force in a State or Territory;
  2. (ii)
    in which:
    1. (A)
      the Commonwealth has a controlling or substantial interest; or
    2. (B)
      a Territory (other than the Australian Capital Territory or the Northern Territory) or a body corporate referred to in paragraph (a) or (b) has a controlling interest; and
  3. (iii)
    that is declared by the Minister, by legislative instrument, to be a body corporate to which this Act applies; or
4. (d)
  a body corporate:
  1. (i)
    in which a body corporate declared under paragraph (c) has a controlling interest; and
  2. (ii)
    that is declared by the Minister, by legislative instrument, to be a body corporate to which this Act applies; or
5. (e)
  if a declaration is in force under section 4A, the Australian Capital Territory.
Note: For the purposes of the provisions relating to regulatory contributions under Division 4A of Part VII, Commonwealth authority has an extended meaning—see section 96.
compensation leave means any period during which an employee is absent from his or her employment due to an incapacity for work resulting from an injury in respect of which compensation is payable under section 19 or 22.
controlling interest, in relation to a body corporate, means an interest in the body corporate that enables the person holding the interest to:
1. (a)
  control the composition of the board of directors of the body corporate; or
2. (b)
  cast, or control the casting of, more than one‑half of the maximum number of votes that might be cast at a general meeting of the body corporate; or
3. (c)
  control more than one‑half of the issued share capital of the body corporate (excluding any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital).
corporation, in Part VIII, means:
1. (a)
  a foreign corporation within the meaning of paragraph 51(xx) of the Constitution; or
2. (b)
  a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or
3. (c)
  a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or
4. (d)
  a body corporate that is incorporated in a Territory;
but does not include a Commonwealth authority.
CTPA means the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004.
damages includes any amount paid under a compromise or settlement of a claim for damages, whether or not legal proceedings have been instituted, but does not include an amount paid in respect of costs incurred in connection with legal proceedings.
de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.
Defence Department has the meaning given by the Military Rehabilitation and Compensation Act 2004.
defence service has the meaning given by the Military Rehabilitation and Compensation Act 2004.
dependant, in relation to a deceased employee, means:
1. (a)
  the spouse, parent, step‑parent, father‑in‑law, mother‑in‑law, grandparent, child, stepchild, grandchild, sibling or half‑sibling of the employee; or
2. (b)
  a person in relation to whom the employee stood in the position of a parent or who stood in the position of a parent to the employee;
being a person who was wholly or partly dependent on the employee at the date of the employee’s death.
Note: See also subsection 4(2).
dependent means dependent for economic support.
Deputy Chief Executive Officer means the Deputy Chief Executive Officer under section 86.
disease has the meaning given by section 5B.
eligible corporation, in Part VIII, means a corporation in respect of which a declaration is in force under section 100.
employee has the meaning given in section 5.
Entity means:
1. (a)
  an Agency, within the meaning of the Public Service Act 1999, that is not a Commonwealth authority; or
2. (b)
  a Parliamentary Department within the meaning of the Parliamentary Service Act 1999; or
3. (c)
  a person, body, organisation or group of persons prescribed for this paragraph.
excluded injury means an injury that arose out of, or in the course of, or was incidental to:
1. (a)
  State banking not extending beyond the limits of the State concerned; or
2. (b)
  State insurance not extending beyond the limits of the State concerned.
exempt authority means an Entity or a Commonwealth authority declared by the Minister under section 35 to be an exempt authority.
exit contribution means an exit contribution under Division 4A of Part VII.
Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.
household services, in relation to an employee, means services of a domestic nature (including cooking, house cleaning, laundry and gardening services) that are required for the proper running and maintenance of the employee’s household.
impairment means the loss, the loss of the use, or the damage or malfunction, of any part of the body or of any bodily system or function or part of such system or function.
injury has the meaning given by section 5A.
legislative rules means rules made under section 122A.
licence means a licence under Part VIII.
licensed authority means a Commonwealth authority that is the holder of a licence that is in force.
licensed corporation means a corporation that is the holder of a licence that is in force under Part VIII.
licensee means a Commonwealth authority or a corporation that is licensed, or that is taken to be licensed, under Part VIII.
loss, in relation to property used by an employee, includes the destruction of that property.
medical treatment means:
1. (a)
  medical or surgical treatment by, or under the supervision of, a legally qualified medical practitioner; or
2. (b)
  therapeutic treatment obtained at the direction of a legally qualified medical practitioner; or
3. (c)
  dental treatment by, or under the supervision of, a legally qualified dentist; or
4. (d)
  therapeutic treatment by, or under the supervision of, a physiotherapist, osteopath, masseur or chiropractor registered under the law of a State or Territory providing for the registration of physiotherapists, osteopaths, masseurs or chiropractors, as the case may be; or
5. (e)
  an examination, test or analysis carried out on, or in relation to, an employee at the request or direction of a legally qualified medical practitioner or dentist and the provision of a report in respect of such an examination, test or analysis; or
6. (f)
  the supply, replacement or repair of an artificial limb or other artificial substitute or of a medical, surgical or other similar aid or appliance; or
7. (g)
  treatment and maintenance as a patient at a hospital; or
8. (h)
  nursing care, and the provision of medicines, medical and surgical supplies and curative apparatus, whether in a hospital or otherwise; or
9. (i)
  any other form of treatment that is prescribed for the purposes of this definition.
member means a member of the Commission, including the Chairperson but not including the Chief Executive Officer.
non‑economic loss, in relation to an employee who has suffered an injury resulting in a permanent impairment, means loss or damage of a non‑economic kind suffered by the employee (including pain and suffering, a loss of expectation of life or a loss of the amenities or enjoyment of life) as a result of that injury or impairment and of which the employee is aware.
normal weekly earnings means the normal weekly earnings of an employee calculated under section 8.
normal weekly hours, in relation to an employee, means the average number of hours (including hours of overtime) worked in each week by the employee in his or her employment during the relevant period as calculated for the purpose of applying the formula in subsection 8(1) or (2).
overtime includes:
1. (a)
  any duty on shifts or on Saturdays, Sundays or other holidays; and
2. (b)
  excess travelling time.
parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.
pension age has the meaning given by subsection 23(5A), (5B), (5C) or (5D) of the Social Security Act 1991.
permanent means likely to continue indefinitely.
place of residence, in relation to an employee, means:
1. (a)
  the place where the employee normally resides;
2. (b)
  a place, other than the place referred to in paragraph (a), where the employee resides temporarily, as a matter of necessity or convenience, for the purposes of his or her employment; or
3. (c)
  any other place where the employee stays, or intends to stay, overnight, a journey to which from the employee’s place of work does not substantially increase the risk of sustaining an injury when compared with the journey from his or her place of work to the place referred to in paragraph (a).
place of work, in relation to an employee, includes any place at which the employee is required to attend for the purpose of carrying out the duties of his or her employment.
pre‑determination period, in relation to a claim by an employee for compensation under Division 3 of Part II, means the period from the start of the day when the employee is injured until the end of the day on which Comcare determines the claim.
premium, in respect of an Entity or Commonwealth authority and a financial year, means:
1. (a)
  the amount paid or payable under Division 4A of Part VII as the premium, other than a special premium, in respect of that Entity or authority and that financial year; and
2. (b)
  if the financial year ended before 1 July 1991, any contribution so paid or payable under section 98 of the Commonwealth Employees (Rehabilitation and Compensation) Act 1988, as that Act applied in respect of that year.
prescribed child means:
1. (a)
  a person under 16; or
2. (b)
  a person who:
  1. (i)
    is 16 or more but under 25;
  2. (ii)
    is receiving full‑time education at a school, college, university or other educational institution; and
  3. (iii)
    is not ordinarily in employment or engaged in work on his or her own account.
previous Commission means the Commission for the Safety, Rehabilitation and Compensation of Commonwealth Employees that was established under section 68 of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 as amended and in force immediately before the commencement of Part 2 of the Industrial Relations Legislation Amendment Act (No. 3) 1991.
principal officer, in relation to a Commonwealth authority, means:
1. (a)
  the person who constitutes, or is acting as the person who constitutes, the authority or, if the authority is constituted by 2 or more persons, the person who is entitled to preside at any meeting of the authority at which he or she is present; or
2. (b)
  if the affairs of the authority are administered or managed by a board or other group of persons—the person who is entitled to preside at any meeting of that board or other group at which he or she is present.
principal officer, in relation to a licensed corporation, means the principal executive officer of the corporation.
principal officer, in relation to an Entity, means:
1. (a)
  if the Entity is an Agency that is not a Commonwealth authority—the Agency Head within the meaning of the Public Service Act 1999; or
2. (b)
  if the Entity is a Parliamentary Department—the Secretary of the Parliamentary Department within the meaning of the Parliamentary Service Act 1999; or
3. (c)
  if the Entity is a person, body, organisation or group of persons prescribed for paragraph (c) of the definition of Entity—the person prescribed as the principal officer.
proceeding under Part VI has the meaning given in subsection (12).
property used by an employee means an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by the employee.
rehabilitation authority, in relation to an employee, means:
1. (a)
  where the employee is employed by an exempt authority—Comcare; and
2. (b)
  where the employee is employed by a licensed authority—the principal officer of that authority; and
3. (ba)
  if the employee is employed by a licensed corporation—the principal officer of that corporation; and
4. (c)
  if the employee is employed by an Entity or a Commonwealth authority, other than an exempt authority—the principal officer of the Entity or the Commonwealth authority in which the employee is employed.
rehabilitation program includes medical, dental, psychiatric and hospital services (whether on an in‑patient or out‑patient basis), physical training and exercise, physiotherapy, occupational therapy and vocational training.
relevant authority means:
1. (a)
  in relation to an employee who is employed by a licensee—the licensee; and
2. (b)
  in relation to any other employee—Comcare.
relevant money has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
relevant period means the period calculated under section 9.
retirement savings account means a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997.
significant degree has the meaning given by subsection 5B(3).
special premium, in respect of an Entity or Commonwealth authority and the financial year starting on 1 July 1999, 1 July 2000 or 1 July 2001, means the amount paid or payable as a result of a determination under section 97B as a special premium in respect of that Entity or authority and that financial year.
spouse includes:
1. (a)
  in relation to an employee or a deceased employee—a person who is, or immediately before the employee’s death was, a de facto partner of the employee; and
2. (b)
  in relation to an employee or a deceased employee who is or was a member of the Aboriginal race of Australia or a descendant of indigenous inhabitants of the Torres Strait Islands—a person who is or was recognised as the employee’s husband, wife or spouse by the custom prevailing in the tribe or group to which the employee belongs or belonged.

stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.
step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.
substantial interest, in relation to a body corporate, means an interest (other than a controlling interest) in the body corporate that enables the person holding the interest to cast, or control the casting of, a number of votes at a general meeting of the body corporate that is equal to or greater than the number of votes which may be cast, or whose casting may be controlled, by any other single person.
suitable employment, in relation to an employee who has suffered an injury in respect of which compensation is payable under this Act, means:
1. (a)
  in the case of an employee who was a permanent employee of the Commonwealth or a licensee on the day on which he or she was injured and who continues to be so employed—employment by the Commonwealth or the licensed corporation, as the case may be in work for which the employee is suited having regard to:
  1. (i)
    the employee’s age, experience, training, language and other skills;
  2. (ii)
    the employee’s suitability for rehabilitation or vocational retraining;
  3. (iii)
    where employment is available in a place that would require the employee to change his or her place of residence—whether it is reasonable to expect the employee to change his or her place of residence; and
  4. (iv)
    any other relevant matter; and
2. (b)
  in any other case—any employment (including self‑employment), having regard to the matters specified in subparagraphs (a)(i), (ii), (iii) and (iv).
superannuation amount, in relation to a pension received by an employee in respect of a week, or a lump sum benefit received by an employee, being a pension or benefit under a superannuation scheme, means an amount equal to:
1. (a)
  if the scheme identifies a part of the pension or lump sum as attributable to the contributions made under the scheme by the Commonwealth, Commonwealth authority or licensed corporation—the amount of that part; or
2. (b)
  in any other case—the amount assessed by the relevant authority to be the part of the pension or lump sum that is so attributable or, if such an assessment cannot be made, the amount of the pension received by the employee in respect of that week or the amount of the lump sum, as the case requires.
superannuation scheme means any superannuation scheme under which, or retirement savings account to which, the Commonwealth, a Commonwealth authority or a licensed corporation makes contributions on behalf of employees and includes a superannuation or provident scheme established or maintained by the Commonwealth, a Commonwealth authority or a licensed corporation.
the 1912 Act means the Commonwealth Workmen’s Compensation Act 1912.
the 1930 Act means the Commonwealth Employees’ Compensation Act 1930.
the 1971 Act means the Compensation (Commonwealth Government Employees) Act 1971.
therapeutic treatment includes an examination, test or analysis done for the purpose of diagnosing, or treatment given for the purpose of alleviating, an injury.
(2)
For the purposes of this Act, relationships (including the relationship of being family or being relatives) are taken to include (without limitation):
1. (a)
  relationships between de facto partners; and
2. (b)
  relationships of child and parent that arise:
  1. (i)
    if someone is an exnuptial or adoptive child of a person; or
  2. (ii)
    because of the definitions of child and parent in this section; and
3. (c)
  relationships traced through relationships referred to in paragraphs (a) and (b).
(3)
For the purposes of this Act, any physical or mental injury or ailment suffered by an employee as a result of medical treatment of an injury shall be taken to be an injury if, but only if:
1. (a)
  compensation is payable under this Act in respect of the injury for which the medical treatment was obtained; and
2. (b)
  it was reasonable for the employee to have obtained that medical treatment in the circumstances.
(4)
For the purposes of this Act, a person shall be taken to have been wholly or partly dependent on an employee at the date of the employee’s death if the person would have been so dependent but for an incapacity of the employee that resulted from an injury.
(5)
For the purposes of this Act, a person who, immediately before the date of an employee’s death, lived with the employee and was:
1. (a)
  the spouse of the employee; or
2. (b)
  a child of the employee, being a prescribed child;
shall be taken to be a person who was wholly dependent on the employee at that date.
(6)
For the purposes of this Act, other than subsection 17(5), a child of a deceased employee who was born alive after the employee’s death shall be treated as if he or she had been born immediately before the employee’s death and was wholly dependent upon the employee at the date of the employee’s death.
(7)
In ascertaining, for the purposes of this Act, whether a child is or was dependent on an employee, any amount of:
1. (a)
  family tax benefit calculated under Part 2 or 3 of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 (an individual’s Part A rate); and
2. (c)
  carer allowance under that Act; and
3. (d)
  double orphan pension under that Act;
shall not be taken into account.
(8)
A reference in this Act to an injury suffered by an employee is, unless the contrary intention appears, a reference to an injury suffered by the employee in respect of which compensation is payable under this Act.
(9)
A reference in this Act to an incapacity for work is a reference to an incapacity suffered by an employee as a result of an injury, being:
1. (a)
  an incapacity to engage in any work; or
2. (b)
  an incapacity to engage in work at the same level at which he or she was engaged by the Commonwealth or a licensed corporation in that work or any other work immediately before the injury happened.
(10)
For the purposes of the application of this Act in relation to an employee employed by a licensed authority, or a dependant of such a person, a reference in this Act (other than in section 28 or Part III, V, VI, VII or VIII) to Comcare is, unless the contrary intention appears, a reference to that authority.
(10A)
For the purposes of the application of this Act in relation to an employee employed by a licensed corporation, or a dependant of such a person, a reference in this Act (except in section 28 or Part III, V, VI, VII or VIII) to Comcare is, unless the contrary intention appears, a reference to that corporation.
(11)
A reference in this Act to a claimant is, in relation to any time after the death of the claimant, a reference to his or her legal personal representative.
(12)
A reference in this Act to the institution of a proceeding under Part VI in respect of a reviewable decision is a reference to the making of an application to the Administrative Review Tribunal for review of that decision.
(13)
For the purposes of this Act, an employee who is under the influence of alcohol or a drug (other than a drug prescribed for the employee by a legally qualified medical practitioner or dentist and used by the employee in accordance with that prescription) shall be taken to be guilty of serious and wilful misconduct.
(14)
In spite of the definition of principal officer in subsection (1), if the Australian Capital Territory is, or has ceased to be, a Commonwealth authority for the purposes of this Act, the following rules have effect:
1. (a)
  if there is in force a written declaration by the Minister, made at the written request of the Chief Minister for the Territory, that a specified person is to be taken to be the principal officer of the Territory, this Act has effect accordingly;
2. (b)
  if there is no such declaration in force, the Chief Minister of the Territory is to be taken to be the principal officer of the Territory.
(15)
If:
1. (a)
  a body corporate ceases to be a Commonwealth authority; and
2. (b)
  the body corporate continues in existence;
the principal officer of the body corporate is to be determined as if the body corporate had not ceased to be a Commonwealth authority.

4AALiabilities of Comcare and the Commission with respect to defence service

Neither Comcare nor the Commission has any liability under this Act in respect of an injury, loss, damage or death that relates to defence service (whenever it occurred).

4ADeclaration that ACT a Commonwealth authority

(1)
If the Chief Minister for the Australian Capital Territory so requests in writing, the Minister may, in writing, declare the Australian Capital Territory to be a Commonwealth authority for the purposes of this Act.
(2)
The Minister may revoke a declaration under subsection (1).
(3)
The Minister may only revoke a declaration if either:
1. (a)
  the Minister has given the Chief Minister at least 12 months’ notice in writing of his or her intention to revoke the declaration; or
2. (b)
  the Chief Minister has given the Minister a written request that the declaration be revoked and:
  1. (i)
    a period of at least 12 months; or
  2. (ii)
    such shorter period as is agreed on by the Minister and the Chief Minister;
has elapsed since the request was given to the Minister.

5Employees

(1)
In this Act, unless the contrary intention appears:
Chief Minister means the Chief Minister for the Australian Capital Territory.
employee means:
1. (a)
  a person who is employed by the Commonwealth or by a Commonwealth authority, whether the person is so employed under a law of the Commonwealth or of a Territory or under a contract of service or apprenticeship; or
2. (b)
  a person who is employed by a licensed corporation.
(1A)
For the purposes of paragraph (b) of the definition of employee in subsection (1), a person is taken to be employed by a licensed corporation if, and only if:
1. (a)
  a person performs work for that corporation under a law or a contract; and
2. (b)
  pursuant to that law or pursuant to the law that is the proper law of that contract, as the case may be, the person would, if that corporation were not a licensed corporation, be entitled to compensation in respect of injury, loss or damage suffered by, or in respect of the death of, the person in connection with that work.
(2)
Without limiting the generality of subsection (1):
1. (a)
  the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (all within the meaning of the Australian Federal Police Act 1979); or
2. (c)
  a person (other than a person to whom subsection (3) applies) who is the holder of or is acting in:
  1. (i)
    an office established by a law of the Commonwealth, other than an office that is declared by the Minister, by legislative instrument, to be an office to which this Act does not apply; or
  2. (ii)
    an office that is established by a law of a Territory (other than an ACT enactment or a law of the Northern Territory) and is declared by the Minister, by legislative instrument, to be an office to which this Act applies;
shall, for the purposes of this Act, be taken to be employed by the Commonwealth, and the person’s employment shall, for those purposes, be taken to be constituted by the person’s performance of duties as the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee or by the person’s performance of the duties of that office, as the case may be.
(3)
A person who:
1. (a)
  constitutes, or is acting as the person constituting, a Commonwealth authority;
2. (b)
  is, or is acting as, a member of such an authority; or
3. (c)
  is a deputy of such a member;
shall, for the purposes of this Act, be taken to be employed by that authority, and the person’s employment shall, for those purposes, be taken to be constituted by the performance of:
1. (d)
  the duties of the authority;
2. (e)
  the person’s duties as such a member or acting member; or
3. (f)
  the person’s duties as such a deputy;
as the case may be.
(4)
A person:
1. (a)
  who is ordinarily engaged for employment at a prearranged place at which employers engage persons for employment; and
2. (b)
  whose last employer under an engagement at that place was the Commonwealth, a Commonwealth authority or a licensed corporation;
shall, for the purposes of this Act, be taken to be employed by the Commonwealth, that authority or that corporation, as the case may be, until the person is next engaged under such an engagement, and the person’s employment shall, for those purposes, be taken to be constituted by the person’s attendance at that place for the purpose of seeking such an engagement.
(5)
Subsection (4) does not operate to make Comcare liable to pay compensation in respect of an injury sustained by an employee during an attendance to which that subsection applies if the injury was sustained because the employee voluntarily and unreasonably subjected himself or herself to an abnormal risk of injury.
(6)
The Minister may, by legislative instrument (the notice), declare:
1. (a)
  that persons specified in the notice, being persons who engage in activities or perform acts:
  1. (i)
    at the request or direction, for the benefit, or under a requirement made by or under a law, of the Commonwealth; or
  2. (ii)
    at the request or direction, or for the benefit, of a Commonwealth authority or a licensed corporation;
shall, for the purposes of this Act, be taken to be employed by the Commonwealth, or by that authority or corporation, as the case may be; and
1. (b)
  that the employment of the person shall, for those purposes, be taken to be constituted by the performance by the person of such acts as are specified in the notice;
and such a declaration shall have effect accordingly.
(7)
For the purposes of the application of this Act in relation to a person employed by a Commonwealth authority, references in this Act to the Commonwealth shall be read as references to that authority.
(8)
This Act does not apply to:
1. (a)
  a member of the Parliament or a Minister of State;
2. (b)
  a person who is a Judge as defined by section 4 of the Judges’ Pensions Act 1968;
3. (c)
  an officer or employee of the Public Service of an external Territory; or
4. (d)
  a seaman to whom the Seafarers Rehabilitation and Compensation Act 1992 applies.
(9)
A reference to an employee in a provision of this Act that applies to an employee at a time after Comcare, an administering authority, a licensed authority or a licensed corporation has incurred a liability in relation to the employee under this Act includes, unless the contrary intention appears, a reference to a person who has ceased to be an employee.
(11)
For the purposes of this Act, the following are taken to be employed by the Australian Capital Territory:
1. (a)
  a person who is an officer or employee of an authority or body established by an ACT enactment, other than an authority or body in respect of which a declaration is in force under subsection (12);
2. (b)
  a person who is an officer or employee of a body corporate incorporated under a law of the Commonwealth or a law in force in a State or Territory, being a body:
  1. (i)
    in which the Australian Capital Territory or an authority or body established by an ACT enactment has a controlling interest; and
  2. (ii)
    in respect of which a declaration under subsection (13) is in force;
3. (c)
  a person who is an officer or employee of a body corporate incorporated under a law of the Commonwealth or a law in force in a State or Territory, being a body:
  1. (i)
    in which a body corporate referred to in paragraph (b) has a controlling interest; and
  2. (ii)
    in respect of which a declaration under subsection (13) is in force;
4. (d)
  a person who is employed under the Legislative Assembly (Members’ Staff) Act 1989 of the Australian Capital Territory;
5. (e)
  the Commissioner, Deputy Commissioner and members of the Australian Capital Territory Fire Brigade under the Fire Brigade (Administration) Act 1974 of the Australian Capital Territory;
6. (ea)
  a member of the ACT Fire and Rescue Service within the meaning of the Emergencies Act 2004 of the Australian Capital Territory;
7. (f)
  a person who holds, or is acting in, an office established by an ACT enactment, other than an office in respect of which a declaration is in force under subsection (12).
(12)
If the Chief Minister so requests in writing, the Minister may, by legislative instrument, declare that:
1. (a)
  an authority or body is not an authority or body to which subsection (11) applies; or
2. (b)
  an office is not an office to which subsection (11) applies.
(13)
If the Chief Minister so requests in writing, the Minister may make a written declaration that a body corporate is a body to which subsection (11) applies.
(13A)
A declaration under subsection (13) is not a legislative instrument.
(14)
Subsection (11) does not apply to the following offices established by the Australian Capital Territory (Self‑Government) Act 1988:
1. (a)
  Chief Minister for the Australian Capital Territory;
2. (b)
  Deputy Chief Minister for the Australian Capital Territory;
3. (c)
  Minister;
4. (d)
  Presiding Officer of the Legislative Assembly for the Australian Capital Territory;
5. (e)
  deputy to the Presiding Officer of the Legislative Assembly for the Australian Capital Territory;
6. (f)
  member of the Legislative Assembly for the Australian Capital Territory.
(15)
If the Chief Minister so requests in writing, the Minister may make a written declaration that persons specified in the declaration, when engaging in activities:
1. (a)
  at the request or direction, or for the benefit, of the Australian Capital Territory; or
2. (b)
  in accordance with a requirement made by or under an ACT enactment; or
3. (c)
  at the request or direction, or for the benefit, of an authority or body established by an ACT enactment;
are to be taken to be employees of the Australian Capital Territory.
(16)
A declaration under subsection (15) is not a legislative instrument.
(17)
To avoid doubt, a member of the Defence Force is not an employee.
Note: For members of the Defence Force, see the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988.

5ADefinition of injury

(1)
In this Act:
injury means:
1. (a)
  a disease suffered by an employee; or
2. (b)
  an injury (other than a disease) suffered by an employee, that is a physical or mental injury arising out of, or in the course of, the employee’s employment; or
3. (c)
  an aggravation of a physical or mental injury (other than a disease) suffered by an employee (whether or not that injury arose out of, or in the course of, the employee’s employment), that is an aggravation that arose out of, or in the course of, that employment;
but does not include a disease, injury or aggravation suffered as a result of reasonable administrative action taken in a reasonable manner in respect of the employee’s employment.
(2)
For the purposes of subsection (1) and without limiting that subsection, reasonable administrative action is taken to include the following:
1. (a)
  a reasonable appraisal of the employee’s performance;
2. (b)
  a reasonable counselling action (whether formal or informal) taken in respect of the employee’s employment;
3. (c)
  a reasonable suspension action in respect of the employee’s employment;
4. (d)
  a reasonable disciplinary action (whether formal or informal) taken in respect of the employee’s employment;
5. (e)
  anything reasonable done in connection with an action mentioned in paragraph (a), (b), (c) or (d);
6. (f)
  anything reasonable done in connection with the employee’s failure to obtain a promotion, reclassification, transfer or benefit, or to retain a benefit, in connection with his or her employment.

5BDefinition of disease

(1)
In this Act:
disease means:
1. (a)
  an ailment suffered by an employee; or
2. (b)
  an aggravation of such an ailment;
that was contributed to, to a significant degree, by the employee’s employment by the Commonwealth or a licensee.
(2)
In determining whether an ailment or aggravation was contributed to, to a significant degree, by an employee’s employment by the Commonwealth or a licensee, the following matters may be taken into account:

1. (a)
  the duration of the employment;
2. (b)
  the nature of, and particular tasks involved in, the employment;
3. (c)
  any predisposition of the employee to the ailment or aggravation;
4. (d)
  any activities of the employee not related to the employment;
5. (e)
  any other matters affecting the employee’s health.
This subsection does not limit the matters that may be taken into account.
(3)
In this Act:
significant degree means a degree that is substantially more than material.

6Injury arising out of or in the course of employment

(1)
Without limiting the circumstances in which an injury to an employee may be treated as having arisen out of, or in the course of, his or her employment, an injury shall, for the purposes of this Act, be treated as having so arisen if it was sustained:
1. (a)
  as a result of an act of violence that would not have occurred but for the employee’s employment or the performance by the employee of the duties or functions of his or her employment; or
2. (b)
  while the employee was at the employee’s place of work, for the purposes of that employment, or was temporarily absent from that place during an ordinary recess in that employment; or
3. (c)
  while the employee was temporarily absent from the employee’s place of work undertaking an activity:
  1. (i)
    associated with the employee’s employment; or
  2. (ii)
    at the direction or request of the Commonwealth or a licensee; or
4. (d)
  while the employee was, at the direction or request of the Commonwealth or a licensee, travelling for the purpose of that employment; or
5. (e)
  while the employee was at a place of education, except while on leave without pay, in accordance with:
  1. (i)
    a condition of the employee’s employment by the Commonwealth or a licensee; or
  2. (ii)
    a request or direction of the Commonwealth or a licensee; or
  3. (iii)
    the approval of the Commonwealth or a licensee; or
6. (ea)
  while the employee was travelling between the employee’s place of work and a place of education for the purpose of attending that place in accordance with:
  1. (i)
    a condition of the employee’s employment by the Commonwealth or a licensee; or
  2. (ii)
    a request or direction of the Commonwealth or a licensee; or
  3. (iii)
    the approval of the Commonwealth or a licensee; or
7. (f)
  while the employee was at a place for the purpose of:
  1. (i)
    obtaining a medical certificate for the purposes of this Act; or
  2. (ii)
    receiving medical treatment for an injury; or
  3. (iii)
    undergoing a rehabilitation program provided under this Act; or
  4. (iv)
    receiving a payment of compensation under this Act; or
  5. (v)
    undergoing a medical examination or rehabilitation assessment in accordance with a requirement made under this Act; or
  6. (vi)
    receiving money due to the employee under the terms of his or her employment, being money that, under the terms of that employment or any agreement or arrangement between the employee and the Commonwealth or a licensee, is available, or reasonably expected by the employee to be available, for collection at that place; or
8. (g)
  while the employee was travelling between the employee’s place of work and another place for the purpose of:
  1. (i)
    obtaining a medical certificate for the purposes of this Act; or
  2. (ii)
    receiving medical treatment for an injury; or
  3. (iii)
    undergoing a rehabilitation program provided under this Act; or
  4. (iv)
    undergoing a medical examination or rehabilitation assessment in accordance with a requirement made under this Act; or
9. (h)
  while the employee was, at the direction or request of the Commonwealth or a licensee, at a place:
  1. (i)
    outside Australia and the external Territories; and
  2. (ii)
    declared by the Minister by legislative instrument to be a place to which this paragraph applies; or
10. (i)
  while the employee was:
  1. (i)
    at the direction or request of the Commonwealth or a licensee, at a place outside Australia and the external Territories; and
  2. (ii)
    a member of a class of employees declared by the Minister by legislative instrument to be a class to which this paragraph applies.
(1A)
For the purposes of this section:
1. (a)
  a journey from a place of residence is taken to start at the boundary of the land where the place of residence is situated; or
2. (b)
  a journey to such a place of residence is taken to end at that boundary.
(1B)
If an employee owns or occupies a parcel of land contiguous with the land on which the employee’s residence is situated, the boundary referred to in subsection (1A) is the external boundary of all of the contiguous parcels of land if treated as a single parcel.
(1C)
For the purposes of paragraph (1)(d), travel between the employee’s residence and the employee’s usual place of work is taken not to be at the direction or request of the Commonwealth or a licensee.
(2)
In paragraph (1)(d), the reference to the employee travelling does not include a reference to travelling to or from a place mentioned in paragraph (1)(e) or (f).
(3)
Subsection (1) does not apply where an employee sustains an injury:
1. (a)
  while at a place referred to in that subsection; or
2. (b)
  during an ordinary recess in his or her employment;
if the employee sustained the injury because he or she voluntarily and unreasonably submitted to an abnormal risk of injury.

7Provisions relating to diseases

(1)
Where:
1. (a)
  an employee has suffered, or is suffering, from a disease or the death of an employee results from a disease;
2. (b)
  the disease is of a kind specified by the Minister, by legislative instrument, as a disease related to employment of a kind specified in the instrument; and
3. (c)
  the employee was, at any time before symptoms of the disease first became apparent, engaged by the Commonwealth or a licensed corporation in employment of that kind;
the employment in which the employee was so engaged shall, for the purposes of this Act, be taken to have contributed, to a significant degree, to the contraction of the disease, unless the contrary is established.
(2)
Where an employee contracts a disease, any employment in which he or she was engaged by the Commonwealth or a licensed corporation at any time before symptoms of the disease first became apparent shall, unless the contrary is established, be taken, for the purposes of this Act, to have contributed, to a significant degree, to the contraction of the disease if the incidence of that disease among persons who have engaged in such employment is significantly greater than the incidence of the disease among persons who have engaged in other employment in the place where the employee is ordinarily employed.
(3)
Where an employee suffers an aggravation of a disease, any employment in which he or she was engaged by the Commonwealth or a licensed corporation at any time before symptoms of the aggravation first became apparent shall, unless the contrary is established, be taken, for the purposes of this Act, to have contributed, to a significant degree, to the aggravation if the incidence of the aggravation of that disease among persons suffering from it who have engaged in such employment is significantly greater than the incidence of the aggravation of that disease among persons suffering from it who have engaged in other employment in the place where the employee was ordinarily employed.
(4)
For the purposes of this Act, an employee shall be taken to have sustained an injury, being a disease, or an aggravation of a disease, on the day when:
1. (a)
  the employee first sought medical treatment for the disease, or aggravation; or
2. (b)
  the disease or aggravation resulted in the death of the employee or first resulted in the incapacity for work, or impairment of the employee;
whichever happens first.
(5)
The death of an employee shall be taken, for the purposes of this Act, to have resulted from a disease or an aggravation of a disease, if, but for that disease or aggravation, as the case may be, the death of the employee would have occurred at a significantly later time.
(6)
An incapacity for work or impairment of an employee shall be taken, for the purposes of this Act, to have resulted from a disease, or an aggravation of a disease, if, but for that disease or aggravation, as the case may be:
1. (a)
  the incapacity or impairment would not have occurred;
2. (b)
  the incapacity would have commenced, or the impairment would have occurred, at a significantly later time; or
3. (c)
  the extent of the incapacity or impairment would have been significantly less.
(7)
A disease suffered by an employee, or an aggravation of such a disease, shall not be taken to be an injury to the employee for the purposes of this Act if the employee has at any time, for purposes connected with his or her employment or proposed employment by the Commonwealth or a licensed corporation, made a wilful and false representation that he or she did not suffer, or had not previously suffered, from that disease.
Diseases suffered by firefighters
(8)
If an employee:
1. (a)
  suffers a disease mentioned in the following table; and
2. (b)
  before the disease was sustained, was employed as a firefighter for the qualifying period mentioned for that disease; and
3. (c)
  was exposed to the hazards of a fire scene during that period; and
4. (d)
  in the case of a cancer of a kind covered by item 13 of the following table—satisfies the conditions (if any) prescribed for such a cancer;
the employment is, for the purposes of this Act, taken to have contributed, to a significant degree, to the contraction of the disease, unless the contrary is established.

Item	Disease	Qualifying period
1	Primary site brain cancer	5 years
2	Primary site bladder cancer	15 years
3	Primary site kidney cancer	15 years
4	Primary non‑Hodgkins lymphoma	15 years
5	Primary leukemia	5 years
6	Primary site breast cancer	10 years
7	Primary site testicular cancer	10 years
8	Multiple myeloma	15 years
9	Primary site prostate cancer	15 years
10	Primary site ureter cancer	15 years
11	Primary site colorectal cancer	15 years
12	Primary site oesophageal cancer	15 years
13	A cancer of a kind prescribed for this table	The period prescribed for such a cancer

(9)
For the purposes of subsection (8):
1. (a)
  an employee is taken to have been employed as a firefighter if the relevant authority is satisfied that firefighting or related duties made up a not insubstantial portion of his or her duties; and
2. (b)
  an employee who was employed as a firefighter for 2 or more periods that add up to the qualifying period is taken to have been so employed for the qualifying period; and
3. (ba)
  for an employee of the Australian Capital Territory specified in a declaration under subsection 5(15)—the employee is taken to have been employed as a firefighter during any period for which the employee was a member of a firefighting service; and
4. (c)
  an employee is taken to have been employed as a firefighter only if he or she was employed as a firefighter by the Commonwealth, a Commonwealth authority or a licensed corporation.
(9A)
If a declaration under subsection (9B) is in force, then when determining for the purposes of paragraph 7(9)(a) whether firefighting or related duties made up a not insubstantial portion of the duties of an employee of the Australian Capital Territory, being an employee:
(a) covered by paragraph 5(11)(e) or (ea) as a result of being a volunteer member (however described) of a body referred to in either of those paragraphs; or
(b) specified in a declaration under subsection 5(15);
the relevant authority must:
(c) by writing, request the declared ACT firefighting advisory committee to give the relevant authority written advice in relation to the matter within a reasonable period specified in the request; and
(d) have regard to any such advice provided within that period.
(9B) If the Chief Minister for the Australian Capital Territory so requests in writing, the Minister may, by legislative instrument, declare that a committee or other body (however described) that is established:
(a) by or under an ACT enactment; or
(b) by a written instrument made by a Minister (including the Chief Minister) of the Australian Capital Territory;
is the declared ACT firefighting advisory committee for the purposes of subsection (9A).
(9C) A reference in subsection (9) or (9A) to the duties of an employee includes, in relation to an employee of the Australian Capital Territory specified in a declaration under subsection 5(15), a reference to the activities to which that subsection applies that were engaged in by the employee.
(10)
Subsection (8) does not limit, and is not limited by, subsections (1) and (2).
Post‑traumatic stress disorder suffered by certain employees
(11)
If:
1. (a)
  an employee has been diagnosed by a legally qualified medical practitioner or psychologist as suffering, or having suffered, from post‑traumatic stress disorder in accordance with the diagnostic criteria in:
  1. (i)
    the Diagnostic and Statistical Manual of Mental Disorders, fifth edition text revision (DSM‑5‑TR), published by the American Psychiatric Association in 2022; or
  2. (ii)
    if a later edition of the Diagnostic and Statistical Manual of Mental Disorders is specified by the Minister by legislative instrument—that later edition of the Manual; and
2. (b)
  at any time before symptoms of post‑traumatic stress disorder became apparent, the employee:
  1. (i)
    was employed as a first responder in accordance with subsection (13); or
  2. (ii)
    was a member of a class of employees declared by the Minister, by legislative instrument made under subsection (13A), to be a class to which this subparagraph applies;
the employee’s employment as a first responder or as a member of the class of employees declared under subsection (13A) is, for the purposes of this Act, taken to have contributed, to a significant degree, to the contraction of the post‑traumatic stress disorder, unless the contrary is established.
(13)
For the purposes of subparagraph (11)(b)(i), an employee was employed as a first responder at a time if, at that time, the employee:
1. (a)
  was the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (all within the meaning of the Australian Federal Police Act 1979); or
2. (b)
  was employed as a firefighter; or
3. (c)
  was employed as an ambulance officer (including as a paramedic); or
4. (d)
  was employed as an emergency services communications operator; or
5. (e)
  was a member of an emergency service (within the meaning of the Emergencies Act 2004 (ACT)); or
6. (f)
  was the Australian Border Force Commissioner; or
7. (g)
  was an APS employee in the Australian Border Force.
(13A)
If the Minister is satisfied that the incidence of post‑traumatic stress disorder among a class of employees is significantly greater than the incidence of post‑traumatic stress disorder among the general public, the Minister may, by legislative instrument, declare that class of employees to be a class of employees to which subparagraph (11)(b)(ii) applies.
(14)
Subsection (11) does not limit, and is not limited by, subsections (1) and (2).

8Normal weekly earnings

(1)
For the purposes of this Act, the normal weekly earnings of an employee (other than an employee referred to in subsection (2)) before an injury shall be calculated in relation to the relevant period under the formula:

where:
NH is the average number of hours worked in each week by the employee in his or her employment during the relevant period;
RP is the employee’s average hourly ordinary time rate of pay during that period; and
A is the average amount of any allowance payable to the employee in each week in respect of his or her employment during the relevant period, other than an allowance payable in respect of special expenses incurred, or likely to be incurred, by the employee in respect of that employment.
(2)
Where an employee is required to work overtime on a regular basis, the normal weekly earnings of the employee before an injury shall be the amount calculated in accordance with subsection (1) plus an additional amount calculated in relation to the relevant period under the formula:

where:
NH is the average number of hours of overtime worked in each week by the employee in his or her employment during the relevant period; and
OR is the employee’s average hourly overtime rate of pay during that period.
(3)
Where an employee was, at the date of the injury, employed by the Commonwealth or a licensed corporation in part‑time employment or unpaid employment, any earnings of the employee from any other employment shall, for the purposes of this section, be treated as earnings of the employee from his or her employment by the Commonwealth or the licensed corporation.
(4)
Where, because of the shortness of the relevant period, it is impracticable to calculate the normal weekly earnings of an employee before an injury under subsection (1) or (2), the normal weekly earnings of the employee before the date of injury shall be taken to be the normal weekly earnings before that date of another employee performing comparable work, being normal weekly earnings from employment by the Commonwealth or a licensed corporation and calculated under subsection (1) or (2), as the case requires.
(5)
Where, because of the shortness of the relevant period, the normal weekly earnings as calculated in relation to the relevant period under subsection (1) or (2) would not fairly represent the weekly rate at which the employee was being paid in respect of his or her employment before the injury, the normal weekly earnings before the date of the injury shall be calculated in relation to such other period as Comcare considers reasonable for the purpose of arriving at an amount that does fairly represent the weekly rate at which the employee was being so paid.
(6)
Subject to this section, if the minimum amount per week payable to an employee in respect of his or her employment by the Commonwealth or a licensed corporation at the date of the injury is increased, or would have been increased if the employee had continued in that employment, because of:
1. (a)
  the attainment by the employee of a particular age;
2. (b)
  the completion by the employee of a particular period of service; or
3. (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 the employee or to his or her office, position or appointment;
the normal weekly earnings of the employee before the injury, as calculated under the preceding subsections, shall be increased by the same percentage as the percentage by which that minimum amount per week is increased, or would have been increased, as the case may be.
(7)
Subject to this section, if:
1. (a)
  an employee continues to be employed by the Commonwealth or a licensed corporation after the date of an injury; and
2. (b)
  the minimum amount per week payable to the employee in respect of that employment is increased because of the promotion of the employee;
the normal weekly earnings of the employee before the injury, as calculated under the preceding subsections, shall be increased by the same percentage as the percentage by which that minimum amount per week is increased.
(8)
Subject to this section, where:
1. (a)
  the employment of an employee is of a kind referred to in subsection 5(4) or (6) or subsection (3) of this section; and
2. (b)
  the employee is not receiving earnings from any other employment at the date of the injury;
the normal weekly earnings of the employee before the injury shall be an amount determined by Comcare to be the amount per week that the employee would have been able to earn at the date of the injury (including any amount in respect of overtime worked on a regular basis) if he or she had engaged in suitable paid employment.
(9)
The normal weekly earnings of an employee before the date of the employee’s injury, as calculated under the preceding subsections, must, while the employee continues to be employed by the Commonwealth or a licensed corporation, be increased or reduced by the relevant percentage.
(9A)
For the purposes of subsection (9), relevant percentage means the same percentage as the percentage of increase or reduction in the minimum amount per week payable in respect of employees included in a class of employees of which the employee was a member at the date of the injury as a result of:
1. (a)
  the operation of a law of the Commonwealth or of a State or Territory; or
2. (b)
  the making, alteration or operation of an award, order, determination or industrial agreement or the doing of any other act or thing, under such a law.

(9B)
The normal weekly earnings of an employee before injury, as calculated under subsections (1) to (8) and as increased or reduced under subsection (9) must, if the employee has ceased, or ceases, to be employed by the Commonwealth or a licensed corporation, be further increased, with effect from each indexation date in relation to that cessation, by reference to the percentage of increase (if any) of an index that is prescribed for the purposes of this subsection over the year ending on the 31 December preceding each such indexation date.
(9C)
For the purpose of subsection (9B), the indexation date, in relation to a cessation of employment, is:
1. (a)
  the 1 July next following:
  1. (i)
    the date on which this Act receives the Royal Assent; or
  2. (ii)
    the date of that cessation of employment;
whichever last occurs; and
1. (b)
  each subsequent 1 July.
(9D)
For the purpose of subsection (9B), the regulations may specify the manner of calculating the further increase referred to in that subsection by reference to the movement of the index that is prescribed for the purposes of that subsection.
(9E)
The normal weekly earnings of an employee before an injury, as calculated under the preceding subsections, must, with effect from 1 July in each year, be further increased by the amount under subsection (9F) if, in the 12 months immediately preceding that 1 July:
1. (a)
  there was no increase in those earnings under subsection (6), (7) or (9); and
2. (b)
  there was no reduction in those earnings under subsection (9).
(9F)
If the normal weekly earnings of an employee before an injury must be increased because of subsection (9E), the amount by which they are increased is the percentage of increase (if any) in the index prescribed by the regulations for the purposes of this subsection over the period of 12 months ending on the 31 December immediately before the relevant 1 July.
(9G)
For the purposes of subsection (9F), the regulations may specify the manner of calculating the further increase mentioned in that subsection by reference to the movement of the index that is prescribed for the purposes of that subsection.
(10)
If the amount of the normal weekly earnings of an employee before an injury, as calculated under the preceding subsections, would exceed:
1. (a)
  where the employee continues to be employed by the Commonwealth or a licensed corporation—the amount per week of the earnings that the employee would receive if he or she were not incapacitated for work; or
2. (b)
  where the employee has ceased to be employed by the Commonwealth or a licensed corporation—whichever is the greater of the following amounts:
  1. (i)
    the amount per week of the earnings that the employee would receive if he or she had continued to be employed by the Commonwealth or the licensed corporation in the employment in which he or she was engaged at the date of the injury;
  2. (ii)
    the amount per week of the earnings that the employee would receive if he or she had continued to be employed by the Commonwealth or the licensed corporation in the employment in which he or she was engaged at the date on which the employment by the Commonwealth or the licensed corporation ceased;
the amount so calculated shall be reduced by the amount of the excess.

9Relevant period

(1)
For the purposes of calculating the normal weekly earnings of an employee before an injury, a reference in section 8 to the relevant period is, subject to this section, a reference to the latest period of 2 weeks before the date of the injury during which the employee was continuously employed by the Commonwealth or a licensed corporation.
(2)
Subject to subsection (3), if, during the period referred to in subsection (1), the minimum amount per week payable to an employee in respect of his or her employment by the Commonwealth or a licensed corporation was varied as a result of:
1. (a)
  the operation of a law of the Commonwealth or of a State or Territory; or
2. (b)
  the making, alteration or operation of an award, order, determination or industrial agreement, or the doing of any other act or thing, under such a law;
any part of that period that occurred before the variation, or last variation, took place shall be disregarded for the purposes of calculating the relevant period.
(3)
Where in any case the application of subsection (2) would require that a period be disregarded for the purposes of calculating the relevant period in relation to an employee, and as a result of disregarding that period:
1. (a)
  it would be impracticable to calculate under section 8 the normal weekly earnings of the employee before an injury; or
2. (b)
  the normal weekly earnings as so calculated would not fairly represent the weekly rate at which the employee was being paid in respect of his or her employment by the Commonwealth or a licensed corporation before the injury;
subsection (2) shall not apply in that case, but the normal weekly earnings of the employee during that period shall be taken to be the amount that would have been his or her normal weekly earnings during that period if the variation had taken effect at the beginning of that period.
(4)
If, during any part of the period calculated under the preceding subsections, the employee’s earnings were reduced, or the employee did not receive any earnings, because of absence from his or her employment for any reason, that part of that period shall be disregarded for the purposes of calculating the relevant period.

10Recovery of damages

For the purposes of this Act, damages shall be taken to have been recovered by an employee, or by or for the benefit of a dependant of a deceased employee, when the amount of the damages was paid to or for the benefit of the employee or dependant, as the case may be.

11Liability of relevant authority

The liability of a relevant authority to pay compensation to a person under this Act is the liability of that authority to pay to the person such amount or amounts as are determined by that authority to be payable to the person under this Act.

12Amounts of compensation

An amount of compensation payable under a provision of this Act in respect of an injury is, unless the contrary intention appears, in addition to an amount of compensation paid or payable under any other provision of this Act in respect of that injury.

13Indexation – Consumer Price Index

(1)
In this section:
index number, in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of that quarter.
relevant amount means the amount specified in paragraph 18(4)(a) or subsection 19(7), (8) or (9), 24(9), 27(2), 29(1) or (3), 30(1) or 137(1).
relevant year means the period of 12 months commencing on 1 July 1988 and each subsequent period of 12 months.
(2)
Subject to subsection (3), if at any time, whether before or after the commencement of this section, the Australian Statistician has published or publishes an index number in respect of a quarter in substitution for an index number previously published by the Australian Statistician in respect of that quarter, the publication of the later index number shall be disregarded for the purposes of this section.
(3)
If at any time, whether before or after the commencement of this section, the Australian Statistician has changed or changes the index reference period for the Consumer Price Index, then, for the purposes of the application of this section after the change took place or takes place, regard shall be had only to the index number published in terms of the new index reference period.
(4)
Where the factor ascertained under subsection (5) in relation to a relevant year is greater than one, this Act has effect as if for each relevant amount there were substituted, on the first day of that relevant year, an amount calculated by multiplying by that factor:
1. (a)
  if, by virtue of another application or other applications of this section, this Act has effect as if another amount or amounts were substituted for the relevant amount—the substituted amount or the last substituted amount; or
2. (b)
  in any other case—the relevant amount.
(5)
The factor to be ascertained for the purposes of subsection (4) in relation to a relevant year is the number (calculated to 3 decimal places) ascertained by dividing the index number of the December quarter immediately before the relevant year by the index number for the December quarter immediately before that first‑mentioned December quarter.
(6)
Where the factor ascertained under subsection (5) in relation to a relevant year would, if it were calculated to 4 decimal places, end with a number greater than 4, the factor ascertained under that subsection in relation to that relevant year shall be taken to be the factor calculated to 3 decimal places in accordance with that subsection and increased by 0.001.

13AAIndexation – Wage Price Index

Definitions
(1) In this section:
index number, in relation to a quarter, means:
(a)
the Wage Price Index (total hourly rates of pay excluding bonuses/all sectors/all Australia/original) number published by the Australian Statistician in respect of that quarter; or
(b)
if:
(i)
a series of index numbers is prescribed for the purposes of this paragraph; and
(ii)
the Australian Statistician publishes an index number in respect of the quarter; and
(iii)
that index number belongs to the series;
that index number.
relevant amount means the amount specified in subsection 17(3), (4) or (5).
relevant year means:
(a)
the financial year starting on 1 July 2009; or
(b)
a later financial year.
Indexation
(2) If the indexation factor for a relevant year is greater than one, this Act has effect as if for each relevant amount there were substituted, on the first day of that relevant year, an amount calculated by multiplying by that factor:
(a)
if, because of one or more other applications of this section, this Act has effect as if another amount or amounts were substituted for the relevant amount—the substituted amount or the last substituted amount; or
(b)
in any other case—the relevant amount.
Indexation factor
(3) For the purposes of this section, the indexation factor for a relevant year is the number calculated, to 3 decimal places, using the formula:

where:
base December quarter means the last December quarter before the reference December quarter.
reference December quarter means the last December quarter before the relevant year.
(4) If the number calculated under subsection (3) for a relevant year would, if it were calculated to 4 decimal places, end with a number greater than 4, the number so calculated is increased by 0.001.
Other provisions
(5) Subject to subsection (6), if at any time, whether before or after the commencement of this section, the Australian Statistician has published or publishes an index number for a quarter in substitution for an index number previously published for that quarter, the publication of the later index number is to be disregarded for the purposes of this section.
(6) If at any time, whether before or after the commencement of this section, the Australian Statistician has changed or changes the index reference period for:
(a)
the Wage Price Index; or
(b)
another index;
then, for the purposes of the application of this section after the change took place or takes place, regard is to be had only to the index number published in terms of the new index reference period.

13AApplication of Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Part IICompensationDivision 1Injuries, property loss or damage, medical expenses14Compensation for injuries

(1)
Subject to this Part, Comcare is liable to pay compensation in accordance with this Act in respect of an injury suffered by an employee if the injury results in death, incapacity for work, or impairment.
(2)
Compensation is not payable in respect of an injury that is intentionally self‑inflicted.
(3)
Compensation is not payable in respect of an injury that is caused by the serious and wilful misconduct of the employee but is not intentionally self‑inflicted, unless the injury results in death, or serious and permanent impairment.

15Compensation for loss of or damage to property used by employee

(1)
If:
1. (a)
  an employee has an accident arising out of and in the course of his or her employment by the Commonwealth or a licensed corporation; and
2. (b)
  the accident does not cause injury to the employee but results in the loss of, or damage to, property used by the employee;
Comcare is liable to pay compensation to the employee of an amount equal to the amount of the expenditure reasonably incurred by the employee in the necessary replacement or repair of the property.
(2)
For the purposes of subsection (1), expenditure incurred by an employee in the necessary replacement or repair of property used by the employee shall be taken to include any fees or charges paid or payable by the employee to a legally qualified medical practitioner or dentist or other qualified person for a consultation, examination, prescription or other service reasonably rendered in connection with the replacement or repair.
(3)
Compensation is not payable under this section if the loss or damage is attributable to the serious and wilful misconduct of the employee.

16Compensation in respect of medical expenses etc.

(1)
Where an employee suffers an injury, Comcare is liable to pay, in respect of the cost of medical treatment obtained in relation to the injury (being treatment that it was reasonable for the employee to obtain in the circumstances), compensation of such amount as Comcare determines is appropriate to that medical treatment.
Note: Compensation is not payable under this subsection in relation to certain claims (see section 119A).
(2)
Subsection (1) applies whether or not the injury results in death, incapacity for work, or impairment.
(3)
For the purposes of subsection (1), the cost of medical treatment shall, in a case where the treatment involves the supply, replacement or repair of property used by the employee, be deemed to include any fees or charges paid or payable by the employee to a legally qualified medical practitioner or dentist or other qualified person for a consultation, examination, prescription or other service reasonably required in connection with that supply, replacement or repair.
(4)
An amount of compensation payable by Comcare under subsection (1) is payable:
1. (a)
  if the employee has paid the cost of the medical treatment—to, or in accordance with the directions of, the employee; or
2. (b)
  if the employee dies before the compensation is paid and without having paid the cost referred to in subsection (1) and another person, not being the legal personal representative of the employee, has paid that cost—to that other person; or
3. (c)
  in any other case—to the person to whom the cost is payable.
(5)
Where a person is liable to pay any cost referred to in subsection (1), any amount paid under subsection (4) to the person to whom that cost is payable is, to the extent of the payment, a discharge of the liability of the first‑mentioned person.
(6)
Subject to subsection (7), if:
1. (a)
  compensation in respect of the cost of medical treatment is payable; and
2. (b)
  the employee reasonably incurs expenditure in doing either or both of the following:
  1. (i)
    making a necessary journey for the purpose of obtaining that medical treatment;
  2. (ii)
    remaining, for the purpose of obtaining that medical treatment, at a place to which the employee has made a journey for that purpose;
Comcare is liable to pay compensation to the employee:
1. (c)
  in respect of the journey—of an amount worked out using the formula:
where:
specified rate per kilometre means such rate per kilometre as the Minister specifies, by legislative instrument, under this subsection in respect of journeys to which this subsection applies.
numbers of kilometres travelled means the number of whole kilometres Comcare determines to have been the reasonable length of such a journey as it was necessary for the employee to make (including the return part of the journey).
1. (d)
  in respect of the employee remaining for the purpose of obtaining the treatment—of an amount equal to the expenditure so reasonably incurred in remaining for that purpose.
(7)
Comcare is not liable to pay compensation under subsection (6) unless:
1. (a)
  the reasonable length of such a journey as it was necessary for the employee to make (including the return part of the journey) exceeded 50 kilometres; or
2. (b)
  if the journey made by the employee involved the use of public transport or ambulance services—the employee’s injury reasonably required the use of such transport or services regardless of the distance involved.
(8)
The matters to which Comcare shall have regard in deciding questions arising under subsections (6) and (7) include:
1. (a)
  the place or places where appropriate medical treatment was available to the employee;
2. (b)
  the means of transport available to the employee for the journey;
3. (c)
  the route or routes by which the employee could have travelled; and
4. (d)
  the accommodation available to the employee.
(9)
Where:
1. (a)
  an employee suffers an injury;
2. (b)
  a person has reasonably incurred expenditure in connection with the transportation of the employee, or, if the employee has died, of his or her body, from the place where the injury was sustained to a hospital or similar place, or to a mortuary; and
3. (c)
  the employee, or the legal personal representative of the employee, does not make a claim for compensation in respect of that expenditure;
Comcare is liable to pay compensation to the person who incurred the expenditure of an amount equal to the amount of that expenditure.

Division 2Injuries resulting in death17Compensation for injuries resulting in death

(1)
This section applies where an injury to an employee results in death.
(2)
Subject to this section and sections 16 and 18, if the employee dies without leaving dependants, compensation is not payable in respect of the injury.
(3)
Subject to this section and to sections 16 and 18, if the employee dies leaving dependants some or all of whom were, at the date of the employee’s death, wholly dependent on the employee, Comcare is liable to pay compensation in respect of the injury of $400,000 and that compensation is payable to, or in accordance with the directions of, Comcare for the benefit of all of those dependants.
(4)
If the employee dies without leaving dependants who were wholly dependent on the employee at the date of the employee’s death but leaving dependants who were partly dependent on the employee at that date:
1. (a)
  subject to this section and to sections 16 and 18, Comcare is liable to pay compensation in respect of the injury of such amount, not exceeding $400,000, as Comcare determines, having regard to any losses suffered by those dependants as a result of the cessation of the employee’s earnings; and
2. (b)
  that compensation is payable to, or in accordance with the directions of, Comcare for the benefit of those dependants.
(5)
If:
1. (a)
  a prescribed child was, at the date of the injury or at the date of the employee’s death, wholly or mainly dependent on the employee;
2. (b)
  a prescribed child, being a child of the employee, was born after the employee’s death; or
3. (c)
  a prescribed child would, if the employee had not died, have been wholly or mainly dependent on the employee;
Comcare is liable to pay compensation at the rate of $110 a week and that compensation is payable to, or in accordance with the directions of, Comcare for the benefit of that child from the date of the employee’s death or the date of the birth of the child, whichever is the later.
(6)
Compensation is not payable under subsection (5) in respect of:
1. (a)
  any period during which the child is not a prescribed child; and
2. (b)
  in the case of a child referred to in paragraph (5)(c)—any period during which, if the employee had not died, the child would not have been wholly or mainly dependent upon the employee.
(7)
An amount of compensation paid or payable under this Act before the death of an employee:

s. 22...........................................	am. Nos. 7 and 264, 1992
s 23............................................	am No 264, 1992; Statutory Rules 1999 No 301 (as am by Statutory Rules 2000 No 332); F2006B00498; No 144, 2001; No 48, 2017
s. 23A........................................	ad. No. 30, 2006
am No 62, 2014
Division 4
s. 24...........................................	am. Nos. 7 and 264, 1992; No. 144, 2001
s. 25...........................................	am. No. 7, 1992; No. 144, 2001
s. 26...........................................	am. No. 7, 1992; No. 54, 2007
s. 27...........................................	am. No. 7, 1992; No. 144, 2001
s 28............................................	am No 7, 1992; No 95, 1992; No 264, 1992; No 144, 2001; No 54, 2007; No 39, 2024
Division 5
s. 29...........................................	am. No. 7, 1992; No. 144, 2008; No 48, 2017
s 29A.........................................	ad No 48, 2017
Division 6
s 30............................................	am No 7, 1992; No 264, 1992; No 144, 2001; No 54, 2007; No 48, 2017
s. 31...........................................	am. Nos. 7 and 264, 1992
s. 32...........................................	am. Nos. 7, 95 and 264, 1992
s 33............................................	am No 264, 1992; No 109, 1993; No 30, 2006; No 164, 2015; No 108, 2017
Part III
Division 1
Division 1 heading......................	ad. No. 144, 2001
s. 34...........................................	am. Nos. 7 and 95, 1992
rs. No. 144, 2001
Division 2
Division 2..................................	ad. No. 144, 2001
ss. 34A–34C...............................	ad. No. 144, 2001
ss. 34D, 34E...............................	ad. No. 144, 2001
am. No. 54, 2007
ss. 34F–34H...............................	ad. No. 144, 2001
ss. 34J–34N................................	ad. No. 144, 2001
s 34P..........................................	ad No 144, 2001
s 34Q.........................................	ad No 144, 2001
s 34R.........................................	ad No 144, 2001
am No 39, 2024
s. 34S.........................................	ad. No. 144, 2001
am. No. 54, 2007
Division 3
Division 3 heading......................	ad. No. 144, 2001
s. 35...........................................	am. Statutory Rules 2001 No. 70
s 36............................................	am No 181, 2011; No 120, 2023
s 37............................................	am No 70, 1991; No 7, 1992; No 95, 1992; No 144, 2001; No 52, 2004; No 54, 2007; No 33, 2010; No 181, 2011; No 108, 2017
s. 38...........................................	am. No. 7, 1992
s. 40...........................................	am. No. 264, 1992
s. 41...........................................	am. No. 7, 1992
s 41A.........................................	ad No 122, 1991
am No 264, 1992; Statutory Rules 2001 No 70; No 144, 2001
rs No 144, 2001
am No 127, 2002; No 108, 2017
s 41B.........................................	ad No 3, 2016
s 41C.........................................	ad No 3, 2016
s 41D.........................................	ad No 3, 2016
Part IV
s 43............................................	am No 7, 1992; No 54, 1994; No 144, 2001
rep No 108, 2017
ad No 17, 2018
am No 17, 2025
ss. 44, 45....................................	am. No. 264, 1992; No. 144, 2001
s. 46...........................................	am. No. 264, 1992; Nos. 142 and 144, 2001
s. 47...........................................	am. Nos. 7 and 264, 1992; Nos. 142 and 144, 2001
rs. No. 144, 2001 (as am. by No. 142, 2001)
s. 48...........................................	am. No. 122, 1991; No. 7, 1992; Nos. 142 and 144, 2001; No. 54, 2007
s 49............................................	am No 7, 1992; No 108, 2017
s. 50...........................................	am. Nos. 7 and 264, 1992; No. 144, 2001; No. 54, 2007; No. 181, 2011
s. 51...........................................	am. Nos. 7 and 264, 1992; No. 144, 2001
s. 52...........................................	am. No. 264, 1992; SLI 2006 No. 50; No. 54, 2009
s. 52A........................................	ad. No. 144, 2001
Part V
s 54............................................	am No 7, 1992; No 264, 1992; Statutory Rules 2001 No 70; No 144, 2001; No 5, 2011; No 108, 2017
s 57............................................	am No 7, 1992; No 54, 2007; No 120, 2023
s 57A.........................................	ad No 120, 2023
s. 59...........................................	am. No. 264, 1992
Part VI
s 60............................................	am No 7, 1992; No 95, 1992; No 264, 1992; No 109, 1993; No 144, 2001; No 48, 2017; No 120, 2023; No 39, 2024; No 14, 2025
s. 61...........................................	am. No. 181, 2011
s 62............................................	am No 264, 1992; No 144, 2001; No 181, 2011; No 14, 2025
s 63............................................	am No 39, 2024
s 64............................................	rs No 264, 1992
am No 144, 2001; No 39, 2024; No 14, 2025
s 65............................................	am No 38, 2005; No 60, 2015; No 39, 2024
s 66............................................	am No 39, 2024
s 67............................................	am No 122, 1991 (as am by No 95, 1992); No 7, 1992; No 264, 1992; No 175, 1995; No 144, 2001; No 60, 2015; No 39, 2024
Part VII
Part VII heading..........................	rs. No. 7, 1992
Division 1
Division 1 heading......................	rs. No. 7, 1992
s. 68...........................................	rs. No. 7, 1992
s. 69...........................................	am. Nos. 7 and 95, 1992; No. 144, 2001; No. 123, 2005; No. 98, 2006; No. 54, 2007; No. 146, 2011; No 3, 2016; No 16, 2016; No 38, 2017
s. 70...........................................	am. No. 7, 1992
s. 70A........................................	ad. No. 95, 1992
am. Statutory Rules 2001 No. 70
s. 70B........................................	ad. No. 264, 1992
am. No. 152, 1997; No. 144, 2001; No 62, 2014
s. 71...........................................	am. Nos. 7, 95 and 264, 1992; Statutory Rules 2001 No. 70
s. 72...........................................	am. No. 7, 1992
s. 72A........................................	ad. No. 7, 1992
am. No. 127, 2002
s. 73...........................................	am. No. 7, 1992; No. 152, 1997; No. 146, 2011; No 62, 2014; No 16, 2016; No 38, 2017
s. 73A........................................	ad. No. 7, 1992
am. Nos. 95 and 264, 1992; No. 144, 2001; No. 123, 2005; No. 98, 2006; No. 54, 2007; No. 146, 2011; No 16, 2016; No 38, 2017
s. 73B........................................	ad. No. 7, 1992
am. No. 123, 2005; No. 146, 2011
s. 74...........................................	am. No. 7, 1992; No. 152, 1997; No 62, 2014
s. 75...........................................	rep. No. 7, 1992
s. 76...........................................	am. No. 122, 1991
rs. No. 7, 1992
am. No. 152, 1997; No 62, 2014
ss. 77, 78....................................	rep. No. 7, 1992
s. 79...........................................	am. No. 46, 2011
s. 80...........................................	am. No. 7, 1992; No. 43, 1996
s. 81...........................................	rs. No. 122, 1991
am. No. 7, 1992; No. 146, 1999
s. 82...........................................	rep. No. 7, 1992
s. 83...........................................	am. No. 7, 1992
s. 84...........................................	am. No. 122, 1991
rs. No. 7, 1992
am. No. 152, 1997; No 62, 2014
s. 85...........................................	rep. No. 7, 1992
ad No 62, 2014
Division 2
Division 2 heading...................... (prev Division 3 heading)	renum No. 7, 1992
s. 86...........................................	am. No. 7, 1992; No. 146, 1999
s. 88...........................................	am. No. 7, 1992; No. 146, 1999
s. 89...........................................	am. No. 7, 1992
Division 3
Division 3..................................	ad. No. 7, 1992
s. 89A........................................	ad. No. 7, 1992
am. No. 264, 1992
s. 89B........................................	ad. No. 7, 1992
am. Nos. 95 and 264, 1992; No. 54, 2007; No. 146, 2011
s. 89C........................................	ad. No. 7, 1992
s. 89D........................................	ad. No. 7, 1992
am. No. 146, 2011
s. 89E........................................	ad. No. 7, 1992
am. No. 95, 1992; No. 54, 1994; No. 152, 1997; No. 144, 2001; No. 135, 2005; No. 157, 2008; No. 146, 2011; No 62, 2014; No 3, 2016
s. 89F.........................................	ad. No. 7, 1992
am. No. 95, 1992; No 3, 2016
s. 89G........................................	ad. No. 7, 1992
s. 89H........................................	ad. No. 7, 1992
am. No. 157, 2008
s. 89J.........................................	ad. No. 7, 1992
am. No. 46, 2011
s 89K.........................................	ad. No. 7, 1992
s 89L.........................................	ad No 7, 1992
s 89M........................................	ad No 7, 1992
s 89N.........................................	ad No 7, 1992
am No 3, 2016
s 89P..........................................	ad. No. 7, 1992
am No 3, 2016
s 89Q.........................................	ad. No. 7, 1992
s. 89R........................................	ad. No. 7, 1992
am. No. 144, 2001; Nos. 46 and 146, 2011
s. 89S.........................................	ad. No. 7, 1992
am. Nos. 95 and 264, 1992; No. 54, 2007
Division 4
s. 90...........................................	am. No. 7, 1992
rs. No. 152, 1997
am. No. 156, 1999
rep No 62, 2014
s. 90A........................................	ad. No. 95, 1992
am. No. 152, 1997
rep. No. 144, 2001
s. 90B........................................	ad. No. 95, 1992
am. No. 181, 2011
s. 90C........................................	ad. No. 95, 1992
am. Statutory Rules 2001 No. 70
rs. No. 144, 2001
am. No. 181, 2011; No 62, 2014; No 3, 2016
s. 90D........................................	ad. No. 95, 1992
s. 91...........................................	am. Nos. 7 and 95, 1992; No. 152, 1997; No. 144, 2001; Nos. 8 and 123, 2005; No. 98, 2006; No. 146, 2011; No 62, 2014; No 16, 2016; No 38, 2017
s. 92...........................................	am. No. 7, 1992; No. 152, 1997; No. 181, 2011; No 62, 2014
s. 93...........................................	am. No. 7, 1992
s. 94...........................................	am. No. 122, 1991; No. 7, 1992; No. 152, 1997
rep. No. 127, 2002
s. 95...........................................	am. No. 7, 1992; No. 8, 2005; No 62, 2014
Division 4A
Division 4A................................	ad. No. 122, 1991
rs. No. 144, 2001
s. 96...........................................	rs. No. 122, 1991
am. No. 7, 1992
rs. No. 95, 1992
am. Statutory Rules 2001 No. 70
rep. No. 144, 2001
ad. No. 98, 2006
am. No. 98, 2006; No. 146, 2011
s. 96A........................................	ad. No. 122, 1991
am. Nos. 7 and 95, 1992; Statutory Rules 2001 No. 70; No. 144, 2001
rep. No. 144, 2001
ad No 3, 2016
s. 96B........................................	ad. No. 122, 1991
rep. No. 144, 2001
ad No 3, 2016
s. 96C........................................	ad. No. 122, 1991
am. Nos. 7 and 95, 1992; Statutory Rules 2001 No. 70
rep. No. 144, 2001
ad No 3, 2016
s. 96D........................................	ad. No. 122, 1991
am. No. 7, 1992; Statutory Rules 2001 No. 70
rep. No. 144, 2001
s. 96E........................................	ad. No. 122, 1991
rep. No. 7, 1992
s. 96F.........................................	ad. No. 122, 1991
am. No. 7, 1992; Statutory Rules 2001 No. 70
rep. No. 144, 2001
s. 96FA......................................	ad. No. 7, 1992
am. No. 95, 1992
rep. No. 144, 2001
s. 96G........................................	ad. No. 122, 1991
am. No. 7, 1992; Statutory Rules 2001 No. 70
rep. No. 144, 2001
s. 96H........................................	ad. No. 122, 1991
am. Nos. 7 and 95, 1992; Statutory Rules 2001 No. 70
rep. No. 144, 2001
ss. 96J, 96K................................	ad. No. 122, 1991
am. No. 7, 1992; Statutory Rules 2001 No. 70
rep. No. 144, 2001
s. 97...........................................	rs. No. 122, 1991; No. 144, 2001
97A..........................................	ad. No. 144, 2001
am No 3, 2016
s 97B.........................................	ad No 144, 2001
s 97C.........................................	ad No 144, 2001
s 97CA.......................................	ad No 3, 2016
s 97CB.......................................	ad No 3, 2016
s 97CC.......................................	ad No 3, 2016
s 97D.........................................	ad No 144, 2001
am No 98, 2006; No 146, 2011; No 3, 2016; No 108, 2017
ed C79
s 97DA......................................	ad No 3, 2016
ed C79
s 97DAA....................................	ad No 108, 2017
s 97DAB....................................	ad No 108, 2017
s 97DB.......................................	ad No 3, 2016
s 97E.........................................	ad. No. 144, 2001
am No 3, 2016
s 97F..........................................	ad No 144, 2001
am No 3, 2016
s 97G.........................................	ad No 144, 2001
am No 3, 2016
s 97H.........................................	ad No 144, 2001
am No 3, 2016
s 97HA......................................	ad No 3, 2016
s 97J..........................................	ad. No. 144, 2001
am No 3, 2016
s 97K.........................................	ad No 144, 2001
am No 3, 2016
s 97L.........................................	ad No 144, 2001
am No 3, 2016
s 97LA.......................................	ad No 3, 2016
s 97M........................................	ad No 144, 2001
am No 3, 2016
s 97MA......................................	ad No 3, 2016
s 97N.........................................	ad No 144, 2001
am No 3, 2016
s. 97P.........................................	ad. No. 144, 2001
am. No. 54, 2007; No 3, 2016
s 97Q.........................................	ad No 3, 2016
s 97QA......................................	ad No 3, 2016
s 97QB.......................................	ad No 3, 2016
s 97QBA....................................	ad No 3, 2016
s 97QBB....................................	ad No 3, 2016
s 97QBC....................................	ad No 3, 2016
s 97QC.......................................	ad No 3, 2016
s 97QD......................................	ad No 3, 2016
s 97QE.......................................	ad No 3, 2016
s 97QF.......................................	ad No 3, 2016
s. 98...........................................	rs. No. 122, 1991
am. Statutory Rules 2001 No. 70
rep. No. 144, 2001
Div. 5 of Part VII........................	rep. No. 7, 1992
Part VIII
Part VIII.....................................	rep. No. 95, 1992
ad. No. 144, 2001
Division 1
s. 98A........................................	ad. No. 144, 2001
s. 99...........................................	rep. No. 7, 1992
ad. No. 144, 2001
ed C78
s. 100.........................................	rep. No. 7, 1992
ad. No. 144, 2001
am. No. 54, 2007; No. 5, 2010
s. 101.........................................	am. No. 7, 1992
rep. No. 95, 1992
ad. No. 144, 2001
am. No. 54, 2007; No 126, 2015
Division 2
s 102..........................................	rep No 95, 1992
ad No 144, 2001
am No 74, 2023
s 103..........................................	rep No 95, 1992
ad No 144, 2001
s. 104.........................................	rep. No. 95, 1992
ad. No. 144, 2001
am. No. 146, 2011
s. 104A......................................	ad. No. 144, 2001
am. No. 98, 2006; No. 146, 2011
ed C79
ss. 105, 106................................	rep. No. 95, 1992
ad. No. 144, 2001
s. 107.........................................	am. No. 7, 1992
rep. No. 95, 1992
ad. No. 144, 2001
s. 107A......................................	ad. No. 95, 1992
rs. No. 144, 2001
ss. 107B–107H...........................	ad. No. 95, 1992
rep. No. 144, 2001
ss. 107J–107N............................	ad. No. 95, 1992
rep. No. 144, 2001
ss. 107P–107Z............................	ad. No. 95, 1992
rep. No. 144, 2001
ss. 107ZA–107ZC.......................	ad. No. 95, 1992
rep. No. 144, 2001
Division 3
s. 108 (first occurring).................	ad. No. 144, 2001
s. 108A......................................	ad. No. 264, 1992
rs. No. 144, 2001
Division 4
ss. 108B, 108C............................	ad. No. 264, 1992
rs. No. 144, 2001
Division 5
s. 108D......................................	ad. No. 264, 1992
rs. No. 144, 2001
Division 6
ss. 108E–108G............................	ad. No. 264, 1992
rs. No. 144, 2001
s. 108H......................................	ad. No. 264, 1992
rep. No. 144, 2001
ad. No. 54, 2007
ss. 108J–108N............................	ad. No. 264, 1992
rep. No. 144, 2001
ss. 108P–108X............................	ad. No. 264, 1992
rep. No. 144, 2001
s. 108Y......................................	ad. No. 264, 1992
am. No. 152, 1997; No. 55, 2001
rep. No. 144, 2001
Part VIIIA..................................	ad. No. 95, 1992
rep. No. 144, 2001
Part VIIIB..................................	ad. No. 264, 1992
rep. No. 144, 2001
Part IX
s. 108 (second occurring)............. Renumbered s. 109A...................	No. 75, 1988 No. 9, 2006
s. 111.........................................	am. No. 264, 1992; No. 109, 1993
s. 112.........................................	am. No. 47, 2001
s 112A.......................................	ad. No. 30, 2006
am No 62, 2014
s 112B.......................................	ad. No. 30, 2006
am No 62, 2014
s. 114.........................................	am. No. 109, 1993
s. 114A......................................	ad. No. 109, 1993
am. No. 146, 1999; Statutory Rules 2001 No. 70; No. 144, 2001
s. 114B......................................	ad. No. 109, 1993
s. 104A...................................... Renumbered s. 114C...................	ad. No. 264, 1992 No. 109, 1993
s. 104B...................................... Renumbered s. 114D...................	ad. No. 264, 1992 No. 109, 1993
s. 114D......................................	am. No. 54, 2007; No 126, 2015
s. 115.........................................	am. No. 54, 1994
ed C69
s. 116.........................................	am. No. 30, 2006; No. 54, 2009
s. 117.........................................	am. No. 264, 1992
s. 119.........................................	am. No. 54, 2007
ed C76
s 119A.......................................	ad No 42, 2019
s. 120.........................................	am. Nos. 142 and 144, 2001
s. 121.........................................	am. No. 122, 1991 (as am. by No. 95, 1992)
rs. No. 264, 1992
am. No. 43, 1996; No. 144, 2001
rep. No. 54, 2007
s. 121A......................................	ad. No. 264, 1992
am. No. 54, 2007
s. 122.........................................	rs. No. 54, 2007
s 122A.......................................	ad No 48, 2017
Part X
Part X heading............................	rs No 136, 2012
Division 1
s 123..........................................	ed C77
s. 123A......................................	ad. No. 122, 1991
Division 2
s. 124.........................................	am. No. 122, 1991; No. 144, 2001
s. 124A......................................	ad. No. 144, 2001
s. 126.........................................	am. No. 122, 1991
s. 128A......................................	ad. No. 122, 1991
am. No. 7, 1992 (as am. by No. 95, 1992); No. 95, 1992; No. 64, 1994; Nos. 96 and 177, 1997; No. 163, 2000; No. 30, 2001; No. 32, 2003; No. 148, 2010
s. 129.........................................	am. No. 122, 1991; No. 7, 1992
s. 129A......................................	ad. No. 122, 1991
am. No. 7, 1992
Division 3
ss. 131, 132................................	am. No. 68, 1990; No. 144, 2001
s. 132A......................................	ad. No. 68, 1990
am. No. 7, 1992; No. 144, 2001
s 134..........................................	am No 68, 1990 (as am by No 43, 1996); No 168, 1995; No 48, 2017

s 137..........................................	rs No 264, 1992
am No 48, 2017
Div. 4 of Part X...........................	rep. No. 136, 2012
s. 138.........................................	rep. No. 136, 2012
Div. 5 of Part X...........................	rep. No. 136, 2012
s. 139.........................................	rep. No. 136, 2012
Part XI.......................................	ad No 52, 2004
rep No 108, 2017
s 140..........................................	ad No 52, 2004
am No 99, 2013 (as am by No 5, 2015)
rep No 108, 2017
s 141..........................................	ad No 52, 2004
am No 5, 2011; No 99, 2013; No 164, 2015
rep No 108, 2017
s 142..........................................	ad No 52, 2004
am No 99, 2013
rep No 108, 2017
s 143..........................................	ad No 52, 2004
am No 99, 2013
rep No 108, 2017
s 144..........................................	ad No 52, 2004
rep No 108, 2017
Division 2A................................	ad No 99, 2013
rep No 108, 2017
s 144A.......................................	ad No 99, 2013
rep No 108, 2017
s 144B.......................................	ad No 99, 2013
am No 31, 2014
rep No 108, 2017
s 144C.......................................	ad No 99, 2013
rep No 108, 2017
s 145..........................................	ad No 52, 2004
rep No 108, 2017
s 146..........................................	ad No 52, 2004
rep No 108, 2017
s 147..........................................	ad No 52, 2004
rep No 108, 2017
s 148..........................................	ad No 52, 2004
am No 99, 2013
rep No 108, 2017
s 149..........................................	ad No 52, 2004
rep No 108, 2017
s 150..........................................	ad No 52, 2004
am No 98, 2006; No 54, 2007; No 146, 2011
rep No 108, 2017
s 151..........................................	ad No 52, 2004
am No 99, 2013; No 164, 2015
rep No 108, 2017
s 151A.......................................	ad No 99, 2013
rep No 108, 2017
s 152..........................................	ad No 52, 2004
am No 99, 2013; No 164, 2015
rep No 108, 2017
s 153..........................................	ad No 52, 2004
rep No 108, 2017
s 154..........................................	ad No 52, 2004
rep No 108, 2017
s 155..........................................	ad No 52, 2004
rep No 108, 2017
s 156..........................................	ad No 52, 2004
rep No 108, 2017
s 157..........................................	ad No 52, 2004
am No 98, 2006
rep No 108, 2017
s 158..........................................	ad No 52, 2004
am No 98, 2006; No 146, 2011
rep No 108, 2017
s 159..........................................	ad No 52, 2004
rep No 108, 2017
s 160..........................................	ad No 52, 2004
am No 99, 2013
rep No 108, 2017
s 161..........................................	ad No 52, 2004
rep No 108, 2017
Schedule....................................	rep No 136, 2012