Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2011

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Legislation au C2011A00181 In force Act

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Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2011

 

No. 181, 2011

 

 

 

 

 

An Act to amend the law relating to occupational health, safety, rehabilitation and compensation, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendment of the Occupational Health and Safety (Maritime Industry) Act 1993

Schedule 2—Amendment of the Safety, Rehabilitation and Compensation Act 1988

Part 1—Amendments

Part 2—Saving provision

Schedule 3—Amendment of the Seafarers Rehabilitation and Compensation Act 1992

 

 

 

Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2011

No. 181, 2011

 

 

 

An Act to amend the law relating to occupational health, safety, rehabilitation and compensation, and for related purposes

[Assented to 6 December 2011]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2011.

2  Commencement

  This Act commences on the day after this Act receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule has effect according to its terms.


Schedule 1—Amendment of the Occupational Health and Safety (Maritime Industry) Act 1993

 

1  Subsections 109(5) and (6)

Repeal the subsections, substitute:

 (6) A code of practice, or a variation or revocation of a code of practice, that is approved by the Minister is a legislative instrument made by the Minister on the day on which he or she approves the code, variation or revocation.


Schedule 2—Amendment of the Safety, Rehabilitation and Compensation Act 1988

Part 1—Amendments

1  Paragraph 6(1)(b)

Repeal the paragraph, substitute:

 (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

2  At the end of subsection 6(1)

Add:

 ; or (h) while the employee was, at the direction or request of the Commonwealth or a licensee, at a place:

 (i) outside Australia and the external Territories; and

 (ii) declared by the Minister by legislative instrument to be a place to which this paragraph applies; or

 (i) while the employee was:

 (i) at the direction or request of the Commonwealth or a licensee, at a place outside Australia and the external Territories; and

 (ii) a member of a class of employees declared by the Minister by legislative instrument to be a class to which this paragraph applies.

3  After subsection 36(4)

Insert:

 (4A) However, subsection (4) does not operate to suspend the employee’s right to compensation for the cost of medical treatment that is payable under section 16.

4  After subsection 37(7)

Insert:

 (7A) However, subsection (7) does not operate to suspend the employee’s right to compensation for the cost of medical treatment that is payable under section 16.

5  After subsection 50(5)

Insert:

 (5A) However, paragraph (5)(b) does not operate to suspend the employee’s right to compensation for the cost of medical treatment that is payable under section 16.

6  Before subsection 61(1)

Insert:

 (1A) The determining authority must consider and determine each claim for compensation under section 14 within the period prescribed by the regulations.

7  At the end of section 62

Add:

 (6) The determining authority or person must decide a request made by a claimant to reconsider a determination within the period prescribed by the regulations.

8  After paragraph 90B(a)

Insert:

 (ab) to enable Comcare to discharge a liability incurred because of an event or process that:

 (i) happened or commenced before 1 December 1988; and

 (ii) results in an injury, loss or damage that first manifests itself on or after 1 December 1988.

Example: An event—a person’s inhalation of asbestos fibres—that happened before 1 December 1988 and results in an injury, loss or damage—the person’s contraction of mesothelioma—that manifests itself on or after 1 December 1988.

Note: The heading to section 90B is altered by omitting “liabilities under Part X” and substituting “long‑term liabilities”.

9  Paragraph 90B(b)

Omit all the words after “claims for”, substitute “a liability mentioned in paragraph (a) or (ab).”.

10  Subparagraph 90C(1)(a)(i)

After “paragraph 90B(a)”, insert “or (ab)”.

11  Subsection 92(3)

Omit “(3)”.

Note: This item removes a redundant subsection number.


Part 2—Saving provision

12  Saving provision—payments under section 90B

(1) This item applies if:

 (a) the Commonwealth paid an amount to Comcare under section 90B of the Safety, Rehabilitation and Compensation Act 1988 before the commencement of this item; and

 (b) that amount:

 (i) was not payable to Comcare under that section at that time; but

 (ii) would have been payable under that section if the amendments made by this Schedule had been in force at that time.

(2) The Commonwealth may recover the amount already paid to Comcare as a debt.

(3) Comcare is entitled, on the commencement of this item, to be paid that amount by the Commonwealth.

(4) The Commonwealth may set off the amount that Comcare is entitled to be paid against the amount already paid to Comcare.

(5) The Consolidated Revenue Fund is appropriated for the purposes of this item.


Schedule 3—Amendment of the Seafarers Rehabilitation and Compensation Act 1992

 

1  Paragraph 10(1)(b)

Omit “written notice”, substitute “legislative instrument”.

2  Paragraph 10(1)(b)

Omit “the notice”, substitute “the instrument”.

3  Paragraph 28(6A)(b) (definition of Specified rate per kilometre)

Omit “by written notice”, substitute “, by legislative instrument,”.

4  After subsection 42(3)

Insert:

 (3A) A Guide prepared under subsection (1), or a variation or revocation of a Guide under subsection (2), that is approved by the Minister is a legislative instrument made by the Minister on the day on which he or she approves the Guide, variation or revocation.

5  Subsections 42(7), (9) and (10)

Repeal the subsections.

6  Subsection 44(3)

Omit “notice in writing”, substitute “legislative instrument”.

7  Paragraph 49(6B)(b) (definition of Specified rate per kilometre)

Omit “by written notice”, substitute “, by legislative instrument,”.

8  Paragraph 50(2B)(b) (definition of Specified rate per kilometre)

Omit “by written notice”, substitute “, by legislative instrument,”.

9  Subsection 66(4B) (definition of specified rate per kilometre)

Omit “by written notice”, substitute “, by legislative instrument,”.

10  Subsection 66(6)

Omit “written notice”, substitute “legislative instrument”.

11  Subsection 83A(5) (definition of specified rate per kilometre)

Omit “by written notice”, substitute “, by legislative instrument,”.

12  Subsection 83A(9)

Omit “written notice”, substitute “legislative instrument”.

13  Subsection 130(3)

Omit “notice in writing”, substitute “legislative instrument”.

14  Subsection 135(2)

Omit “set‑off”, substitute “set off”.

Note: This item corrects a misspelling.

15  Subsection 139(7) (definition of specified law)

Omit “written notice”, substitute “legislative instrument”.

16  Section 142

Repeal the section.

 

[Minister’s second reading speech made in—

House of Representatives on 23 March 2011

Senate on 14 June 2011]

(54/11)

 

Overview

The Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2011 (C2011A00181) was enacted by the Parliament of Australia to address gaps and problems in the existing legislation concerning occupational health, safety, rehabilitation, and compensation. This Act introduces amendments to several Acts, including the Occupational Health and Safety (Maritime Industry) Act 1993, the Safety, Rehabilitation and Compensation Act 1988, and the Seafarers Rehabilitation and Compensation Act 1992. The overarching policy objective is to enhance the legal framework ensuring better protection and support for employees who suffer from injuries or illnesses arising out of their employment, especially in maritime and other high-risk industries. The Act aims to streamline processes for approving codes of practice, ensuring timely and fair compensation for injuries occurring both domestically and internationally, and clarifying the procedures for handling claims and long-term liabilities.

Scope and Application

The Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2011 amends the Occupational Health and Safety (Maritime Industry) Act 1993, the Safety, Rehabilitation and Compensation Act 1988, and the Seafarers Rehabilitation and Compensation Act 1992. The amendments primarily relate to the approval process for codes of practice and guides, the suspension of compensation rights, and the handling of claims for compensation and long-term liabilities. The Act applies to entities and individuals involved in maritime industries and federal public sector employees, extending to locations outside Australia and its external territories under certain conditions. The Act specifies conditions under which an employee's right to compensation for medical treatment is not suspended and mandates timeframes for the determination and reconsideration of compensation claims. The Act also outlines provisions for the recovery of amounts previously paid to Comcare under specific circumstances. Certain exclusions and exemptions are noted, particularly concerning claims and liabilities arising from events occurring before 1 December 1988 but manifesting later. The Act may be further extended or restricted through subordinate instruments.

Key Provisions

The Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2011 (the Act) amends several pieces of Australian legislation relating to occupational health, safety, rehabilitation, and compensation, primarily targeting the Occupational Health and Safety (Maritime Industry) Act 1993, the Safety, Rehabilitation and Compensation Act 1988, and the Seafarers Rehabilitation and Compensation Act 1992. This Act introduces various amendments designed to refine and clarify existing provisions while introducing new requirements. Under this Act, Section 109(5) and (6) of the Occupational Health and Safety (Maritime Industry) Act 1993 are repealed and replaced with new provisions. These amendments ensure that any approved code of practice, or variations or revocations of such codes, are recognised as legislative instruments made by the Minister on the day of approval. The Safety, Rehabilitation and Compensation Act 1988 sees significant amendments. For instance, the definition of an employee's place of work is expanded (section 6(1)(b)), and new provisions are added to protect the right to compensation for medical treatment costs (section 36(4A), 37(7A), and 50(5A)). Furthermore, timeframes are prescribed for the determination and reconsideration of compensation claims (section 61(1A) and 62(6)). The Act also modifies the scope of long-term liabilities to include events or processes that predate 1 December 1988 but manifest injuries or damages later (section 90B(ab) and 90C(1)(a)(i)). Entities and parties governed by these Acts must adhere to the new legislative requirements. For example, employers must ensure that any approved codes of practice are followed, and claims for compensation must be considered and determined within the prescribed timeframes. The Minister's role in approving codes of practice and guides is now formalised through legislative instruments, ensuring transparency and accountability. Additionally, the Act provides for the recovery and repayment of any overpayments made by the Commonwealth to Comcare before the Act's commencement. Breaches of the provisions outlined in this Act can lead to various civil or criminal consequences. For instance, failure to comply with the prescribed timeframes for determining and reconsidering compensation claims could result in legal action by the claimant. The maximum penalties for breaches depend on the specific nature of the offence and the relevant Act. For example, under the Occupational Health and Safety (Maritime Industry) Act 1993, non-compliance with safety regulations can attract fines and imprisonment. Similarly, under the Seafarers Rehabilitation and Compensation Act 1992, failure to comply with the new legislative instruments can lead to penalties as stipulated in the Act. The precise penalties are determined by the severity of the breach and the specific provisions of the amended Acts.

Legal classification tags

Area of Law
Occupational Health and Safety Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Delegated & Subordinate Legislation
Compliance Obligations
Prohibited Conduct
Rights & Protections

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.