EXPLANATORY STATEMENT ORDINANCE NO. 5 OF 1998
Issued by the Authority of the Minister for Regional Services, Territories and
Local Government
Christmas Island Act 1958
Workers' Compensation and Rehabilitation Act 1981 (:,/1/A) (Cl) (Amendment) Ordinance 1998
The Commonwealth has entered into a service delivery arrangement with the WA Workers' Compensation and Rehabilitation Commission (the WA Commission) to administer the Workers' Compensation and Rehabilitation Act 1981 (WA)(CI) (the applied Act) in the Territory. The powers of the "Commission" in the applied Act have been delegated to the Executive Director of the WA Commission in accordance with section 8G of the Cl Act.
The purpose of the Ordinance is to make minor amendments to the applied Ac::t to make it more suitable for the Territory and in line With the service delivery arrangement. The amendments will:
• remove references to the "General Fund" and "Trust Fund" and where appropriate replace them with "the Commonwealth"; the Commonwealth will not be setting up these funds for the Territory and is unable to participate in the WA funds (Schedule 1, clauses [1]-[3], [6]-[12], [15)-[18], [21], [22], [24], [25], [28], [32}, [33], [37], [38]);
• replace references to the "Commission" With "the Commonwealth" in sections which deal with payments; the WA Commission is not willing to process payments on the Commonwealth's behalf (Schedule 1, clauses [2]-[6], [13], [18], [21], [25]-[32],[35], [36]);
• provide that contributions to the Commonwealth required of insurers are the same as those levied in Western Australia (Schedule 1, clause [13]);
• remove provisions which oblige the State Government Insurance Commission to insure an employer where the insurer is not willing to continue to insure that employer, following a successful appeal to reduce the premium - the State Government Insurance Commission does not operate in the Territory (Schedule 1, clause [19]);
• provide that an insurer who is approved in Western Australia is taken to be approved in the Territory (Schedule 1, clause [23]);
• provide transitional arrangements for payments of contribution by insurers for 1998 (Schedule 1, clauses [14], [34]).
Details of the Ordinance are as follows.
Section 1 provides that the name of the Ordinance is the Workers' Compensation and Rehabilitation Act 1981 (WA)(CJ) (Amendment) Ordinance 1998.