Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2007
No. 54, 2007
An Act to amend legislation relating to safety, rehabilitation and compensation, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Main amendments
Part 1—Amendments
Military Rehabilitation and Compensation Act 2004
Safety, Rehabilitation and Compensation Act 1988
Part 2—Application, saving and transitional provisions
Schedule 2—Technical amendments relating to legislative instruments
Safety, Rehabilitation and Compensation Act 1988
Schedule 3—Amendments relating to occupational health and safety
Occupational Health and Safety Act 1991
Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2007
No. 54, 2007
An Act to amend legislation relating to safety, rehabilitation and compensation, and for related purposes
[Assented to 12 April 2007]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2007.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 12 April 2007 |
2. Schedule 1, items 1 to 21 | The day after this Act receives the Royal Assent. | 13 April 2007 |
3. Schedule 1, item 22 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 27 April 2007 (see F2007L01140) |
4. Schedule 1, item 23 | The day after this Act receives the Royal Assent. | 13 April 2007 |
5. Schedule 1, item 24 | At the same time as the provision(s) covered by table item 3. | 27 April 2007 |
6. Schedule 1, item 25 | The day after this Act receives the Royal Assent. | 13 April 2007 |
7. Schedule 1, items 26 and 27 | At the same time as the provision(s) covered by table item 3. | 27 April 2007 |
8. Schedule 1, items 28 to 48 | The day after this Act receives the Royal Assent. | 13 April 2007 |
9. Schedules 2 and 3 | The day after this Act receives the Royal Assent. | 13 April 2007 |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to…
Overview
The Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2007 (No. 54, 2007) was enacted to address gaps and issues within existing safety, rehabilitation, and compensation legislation, particularly concerning the Military Rehabilitation and Compensation Act 2004 and the Safety, Rehabilitation and Compensation Act 1988. This Act was passed by the Parliament of Australia and received Royal Assent on 12 April 2007. The primary objective of this legislation is to amend the definitions and provisions related to injuries, diseases, and compensation, ensuring clarity and consistency in the application of these laws. The Act introduces technical and administrative changes, including updates to the definitions of injury and disease, adjustments to the maximum amounts of compensation, and modifications to the circumstances under which injuries are considered to have arisen in the course of employment. These amendments aim to improve the fairness and effectiveness of the rehabilitation and compensation processes for employees injured or affected by their employment with the Commonwealth or licensees.
Scope and Application
The Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2007 (C2007A00054) amends the Military Rehabilitation and Compensation Act 2004 and the Safety, Rehabilitation and Compensation Act 1988, primarily to update definitions and compensation frameworks relating to injuries and diseases suffered by employees due to their employment. The Act applies to employees of the Commonwealth or licensees who suffer work-related injuries or diseases after the Act's commencement on 12 April 2007. Certain amendments, particularly those affecting compensation calculations and definitions, apply to injuries or diseases suffered after 13 April 2007, with some provisions having a later commencement date. The Act also extends to compensation payable to employees who retire after the Act's commencement. Additionally, the Act amends the Occupational Health and Safety Act 1991 to introduce penalties for the unlicensed operation of major hazard facilities. The legislative amendments include modifications to definitions, compensation methodologies, and procedural guidelines, with specific transitional provisions ensuring continuity and fairness in the application of the new rules. The Act does not specify any exclusions or thresholds but allows for further regulation through subordinate instruments.
Key Provisions
- The Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2007 (Act) amends the Military Rehabilitation and Compensation Act 2004 (MRCA) and the Safety, Rehabilitation and Compensation Act 1988 (SRCA) to, among other things, modify the definition of certain terms, update compensation amounts, and revise the conditions under which compensation is payable. The Act also introduces amendments to the Occupational Health and Safety Act 1991 (OHSA) to address the unlicensed operation of major hazard facilities.
- Key provisions of the Act include changes to the definition of "disease" and "injury" in the SRCA, which now include more specific criteria for what constitutes an ailment or physical or mental injury arising from employment (subsections 5(1) and 5A(1)). The Act also revises the definition of "suitable employment" and specifies when an injury is considered to arise out of or in the course of employment (subsection 6(1)). It updates the maximum amounts of compensation payable in certain circumstances, such as for funeral benefits and medical treatment costs (subsections 267(3) and 18(4)).
- Under the Act, various obligations are imposed on parties governed by the SRCA and MRCA. For example, the Act mandates that rehabilitation authorities may determine whether an injured employee should undertake a rehabilitation program and may either provide such a program themselves or arrange for an approved provider to do so (subsection 37(1) and (2)). It also requires that licensees and any person acting on their behalf comply with guidelines issued under the Act (subsection 73A(6)).
- The Act establishes specific offences and penalties for breaches of its provisions. For instance, operating a major hazard facility without the required licence under the OHSA is subject to a civil penalty of 2,200 penalty units (subsection 23A(2)). Additionally, provisions of the regulations that are specified as civil penalty provisions carry penalties as set out in the regulations themselves (subsection 2(1)(o) of Schedule 2). It is important to note that these penalties are subject to change as the regulations are updated.
- Area of Law
- Administrative Law
- Civil Litigation & Procedure
- Compensation Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Definitions & Interpretation
- Licensing & Registration
- Reporting & Disclosure Obligations
- Repeal & Amendment
- Transitional Provisions