Workers Rehabilitation and Compensation Amendment (Validation) Act 2012
An Act to amend the Workers Rehabilitation and Compensation Act 1988 by inserting provisions validating certain guidelines, and for related matters
[Royal Assent 30 August 2012]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
1Short titleThis Act may be cited as the Workers Rehabilitation and Compensation Amendment (Validation) Act 2012 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Workers Rehabilitation and Compensation Act 1988 is referred to as the Principal Act. 4Section 164C insertedAfter section 164B of the Principal Act , the following section is inserted in Part XIII: 164CValidation of certain guidelines, &c. (1) In this section – April 2011 guidelines means the document, relating to the assessment of permanent impairment under this Act, that was – (a) referred to, at a meeting of the Board on 10 August 2010, as "Guidelines for the Assessment of Permanent Impairment"; and (b) approved by the Board at that meeting as guidelines for the assessment of permanent impairment under this Act to take effect following the completion of certain training – and includes any appendices attached to the document when the Board approved the guidelines; October 2011 guidelines means the document, relating to the assessment of permanent impairment under this Act, that was – (a) referred to, at a meeting of the Board on 20 September 2011, as “Version 3 of the Tasmanian ‘Guidelines for the Assessment of Permanent Impairment’”; and (b) approved by the Board at that meeting as guidelines for the assessment of permanent impairment under this Act to take effect on 1 October 2011 – and includes any appendices attached to the document when the Board approved the guidelines. (2) Any guidelines for the assessment of permanent impairment under this Act in force before 1 April 2011 are to be taken to have been revoked immediately before that day. (3) The April 2011 guidelines are to be taken – (a) to have been validly issued by the Board on 1 April 2011 and to have been in effect as guidelines for the assessment of permanent impairment under this Act on and from that date until immediately before 1 October 2011; and (b) to have been revoked immediately before 1 October 2011. (4) The October 2011 guidelines are to be taken to have been validly issued by the Board on 20 September 2011 and to have taken effect as guidelines for the assessment of permanent impairment under this Act on and from 1 October 2011. (5) Nothing in this section is to be taken to prevent the Board revoking the October 2011 guidelines. (6) An assessment of permanent impairment is not made, or to be taken to have been made, under this Act or the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 unless – (a) if the assessment was undertaken on or after 1 April 2011 and before 1 October 2011, it was made in accordance with the April 2011 guidelines; or (b) if the assessment was undertaken on or after 1 October 2011 and before the date on which this section commences, it was made in accordance with the October 2011 guidelines. 5Repeal of ActThis Act is repealed on the ninetieth day from the day on which it commences. [Second reading presentation speech made in:
House of Assembly on 21 JUNE 2012
Legislative Council on 28 JUNE 2012]