EXPLANATORY STATEMENT
Issued by the authority of the Minister for Employment and Workplace Relations
Safety, Rehabilitation and Compensation Act 1988
Section 100 – Declaration of eligibility to be granted a licence under Part VIII
The Safety, Rehabilitation and Compensation Act 1988 (the Act) establishes the Commonwealth workers’ compensation and rehabilitation scheme.
Under Part VIII of the Act, an ‘eligible corporation’ may apply to the Safety, Rehabilitation and Compensation Commission (the Commission) for a licence to:
(i) accept liability to pay workers’ compensation in respect of its employees in accordance with the Act; and/or
(ii) manage the claims of its employees in accordance with the Act.
An ‘eligible corporation’ is a corporation that has been declared to be such by the Minister for Employment and Workplace Relations under section 100 of the Act. Section 100 of the Act provides that if the Minister is satisfied that it would be desirable for the Act to apply to employees of a corporation that:
(a) is, but is about to cease to be, a Commonwealth authority; or
(b) was previously a Commonwealth authority; or
(c) is carrying on business in competition with a Commonwealth authority or with another corporation that was previously a Commonwealth authority;
the Minister may, by notice in writing, declare the corporation to be eligible to be granted a licence under Part VIII.
If the Commission subsequently decides to grant an eligible corporation a licence, State and Territory workers’ compensation legislation will cease to apply to that corporation from the date the licence comes into force. Any liability or obligation incurred by the corporation under a State or Territory law in relation to the injury or death of an employee, or any loss or damage suffered by an employee, before the licence comes into force is not affected.
The Minister has developed a set of principles to assist him in deciding whether it is desirable for the Act to apply to employees of a corporation carrying on a business in competition with a Commonwealth authority or with a corporation that was previously a Commonwealth authority. These principles are intended to provide guidance to applicants for a declaration under section 100 of the Act, and to ensure consistent decision making. The principles are:
(a) the likely impact on employees of the applicant;
(b) the likely impact on the applicant;
(c) the likely impact on the integrity of the Commonwealth workers’ compensation scheme; and
(d) the likely impact on the operation of the State and Territory schemes.
Toll IPEC Pty Ltd (ACN 084 157 666) (‘Toll IPEC’) requested that the Minister declare it to be
an eligible corporation under section 100 of the Act.
The Minister has determined that Toll IPEC satisfies the principles used to assess applications by
a corporation carrying on a business in competition with a Commonwealth authority or with a
corporation that was previously a Commonwealth authority. On this basis, the Minister is
satisfied that it would be desirable for the Act to apply to the employees of Toll IPEC.
The notice declares that Toll IPEC is eligible to be granted a licence under Part VIII of the Act.
A declaration made under section 100 is a disallowable instrument.
This declaration takes effect from Gazettal.
EXPLANATORY STATEMENT
Issued by the authority of the Minister for Employment and Workplace Relations
Safety, Rehabilitation and Compensation Act 1988
Section 100 – Declaration of eligibility to be granted a licence under Part VIII
The Safety, Rehabilitation and Compensation Act 1988 (the Act) establishes the Commonwealth workers’ compensation and rehabilitation scheme.
Under Part VIII of the Act, an ‘eligible corporation’ may apply to the Safety, Rehabilitation and Compensation Commission (the Commission) for a licence to:
(i) accept liability to pay workers’ compensation in respect of its employees in accordance with the Act; and/or
(ii) manage the claims of its employees in accordance with the Act.
An ‘eligible corporation’ is a corporation that has been declared to be such by the Minister for Employment and Workplace Relations under section 100 of the Act. Section 100 of the Act provides that if the Minister is satisfied that it would be desirable for the Act to apply to employees of a corporation that:
(a) is, but is about to cease to be, a Commonwealth authority; or
(b) was previously a Commonwealth authority; or
(c) is carrying on business in competition with a Commonwealth authority or with another corporation that was previously a Commonwealth authority;
the Minister may, by notice in writing, declare the corporation to be eligible to be granted a licence under Part VIII.
If the Commission subsequently decides to grant an eligible corporation a licence, State and Territory workers’ compensation legislation will cease to apply to that corporation from the date the licence comes into force. Any liability or obligation incurred by the corporation under a State or Territory law in relation to the injury or death of an employee, or any loss or damage suffered by an employee, before the licence comes into force is not affected.
The Minister has developed a set of principles to assist him in deciding whether it is desirable for the Act to apply to employees of a corporation carrying on a business in competition with a Commonwealth authority or with a corporation that was previously a Commonwealth authority. These principles are intended to provide guidance to applicants for a declaration under section 100 of the Act, and to ensure consistent decision making. The principles are:
(a) the likely impact on employees of the applicant;
(b) the likely impact on the applicant;
(c) the likely impact on the integrity of the Commonwealth workers’ compensation scheme; and
(d) the likely impact on the operation of the State and Territory schemes.
Toll Transport Pty Ltd (ACN 006 604 191) (‘Toll Transport’) requested that the Minister declare it to be an eligible corporation under section 100 of the Act.
The Minister has determined that Toll Transport satisfies the principles used to assess
applications by a corporation carrying on a business in competition with a Commonwealth authority or with a corporation that was previously a Commonwealth authority. On this basis, the Minister is satisfied that it would be desirable for the Act to apply to the employees of Toll Transport.
The notice declares that Toll Transport is eligible to be granted a licence under Part VIII of the Act.
A declaration made under section 100 is a disallowable instrument.
This declaration takes effect from Gazettal.
EXPLANATORY STATEMENT
Issued by the authority of the Minister for Employment and Workplace Relations
Safety, Rehabilitation and Compensation Act 1988
Section 100 – Declaration of eligibility to be granted a licence under Part VIII
The Safety, Rehabilitation and Compensation Act 1988 (the Act) establishes the Commonwealth workers’ compensation and rehabilitation scheme.
Under Part VIII of the Act, an ‘eligible corporation’ may apply to the Safety, Rehabilitation and Compensation Commission (the Commission) for a licence to:
(i) accept liability to pay workers’ compensation in respect of its employees in accordance with the Act; and/or
(ii) manage the claims of its employees in accordance with the Act.
An ‘eligible corporation’ is a corporation that has been declared to be such by the Minister for Employment and Workplace Relations under section 100 of the Act. Section 100 of the Act provides that if the Minister is satisfied that it would be desirable for the Act to apply to employees of a corporation that:
(a) is, but is about to cease to be, a Commonwealth authority; or
(b) was previously a Commonwealth authority; or
(c) is carrying on business in competition with a Commonwealth authority or with another corporation that was previously a Commonwealth authority;
the Minister may, by notice in writing, declare the corporation to be eligible to be granted a licence under Part VIII.
If the Commission subsequently decides to grant an eligible corporation a licence, State and Territory workers’ compensation legislation will cease to apply to that corporation from the date the licence comes into force. Any liability or obligation incurred by the corporation under a State or Territory law in relation to the injury or death of an employee, or any loss or damage suffered by an employee, before the licence comes into force is not affected.
The Minister has developed a set of principles to assist him in deciding whether it is desirable for the Act to apply to employees of a corporation carrying on a business in competition with a Commonwealth authority or with a corporation that was previously a Commonwealth authority. These principles are intended to provide guidance to applicants for a declaration under section 100 of the Act, and to ensure consistent decision making. The principles are:
(a) the likely impact on employees of the applicant;
(b) the likely impact on the applicant;
(c) the likely impact on the integrity of the Commonwealth workers’ compensation scheme; and
(d) the likely impact on the operation of the State and Territory schemes.
Toll North (ACN 009 683 452) (‘Toll North’) requested that the Minister declare it to be an eligible corporation under section 100 of the Act.
The Minister has determined that Toll North satisfies the principles used to assess applications by a corporation carrying on a business in competition with a Commonwealth authority or with a corporation that was previously a Commonwealth authority. On this basis, the Minister is satisfied that it would be desirable for the Act to apply to the employees of Toll North.
The notice declares that Toll North is eligible to be granted a licence under Part VIII of the Act.
A declaration made under section 100 is a disallowable instrument.
This declaration takes effect from Gazettal.