EXPLANATORY STATEMENT
ORDINANCE NO. 5 OF 1998
Issued by the Authority of the Minister for Regional Services, Territories and Local Government
Cocos (Keeling) Islands Act 1955
Workers' Compensation and Rehabilitation Act 1981 (WA) (CKI) (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)(CKI) (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 CKI Act.
The purpose of the Ordinance is to make minor amendments to the applied Act 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)(CKI) (Amendment) Ordinance 1998.
Section 2 provides that the Ordinance commences on gazettal.
Section 3 provides that Schedule 1 amends the Workers' Compensation and Rehabilitation Act 1981 (WA)(CKI).
SCHEDULE 1
Clause [1] amends subsection 5(1) by omitting the definitions of "General Fund" and ''Trust Fund". The Commonwealth will not be setting up these funds in the Territory.
Clause [2] substitutes a new section 37 to provide that the fee payable to medical practitioners who attend medical panels is payable by the Commonwealth instead of out of the "General Fund".
Clause [3]substitutes a new subparagraph 58(5)(a)(i) to provide that in certain circumstances the Commonwealth is to make weekly payments to a worker instead of the payments coming out of the "General Fund" and the employer is to repay the amounts to the Commonwealth plus 10%.
Clause [4] omits "Commission “wherever occurring in section 71 and substitutes "Commonwealth".
Clause [5] omits "Commission" in subsection 84F(1) and substitutes "Commonwealth".
Clause [6] omits "the Commission from moneys standing to the credit of the General Fund" in subsection 84ZV(2) and substitutes "the Commonwealth".
Clause [7] omits paragraph 100{a) which provides that a function of the Commission is to control and administer the general Fund" and the "Trust Fund".
Clause [8] omits subsection 100A(5) which provides for fees and allowances to be paid from the "General Fund".
Clause [9] omits paragraph 101(c) which gives the Commission power to invest money from the "General Fund".
Clauses [10], [11] and [12] omit sections 106, 107 and 108 which provide for the establishment of the "General Fund , estimates of funds required each year and contributions respectively.
Clause [13] substitutes a new subsection 109(1) which provides that insurers must contribute to the Commonwealth an amount equal to the percentage of premium income fixed for the year under subsection 109(1) of the Workers' Compensation and Rehabilitation Act 1981 (WA).
Clause [14]omits "A contribution" in subsection 109(2) and substitutes "Subject to section 204, a contribution".
Clause [15] omits the words before paragraph (a) in subsection 109(4) and 'substitutes new words which replace "General Fund" with "the Commonwealth".
Clause [16] omits section 110 which deals with the establishment of the "Trust Fund".
Clause [17) omits section 119 which deals with payments from the "General Fund" to the "Consolidated Fund".
Clause [18] omits "by the Commission from moneys standing to the credit of the General Fund" from subsection 145G(2) and substitutes "by the Commonwealth".
Clause [19] omits subsections 154(6)-(9) which deal with the involvement of the State Government Insurance Commission in appeals. This body does not operate in the Territory.
Clause [20] omits "or subsection (7)" from 154(10).
Clause [21] omits "the Commission may authorize payment from the General Fund of' from section 158 and substitutes "the Commonwealth may pay".
Clause [22] omits "may authorize payment from the General Fund of" from section 158A and substitutes "the Commonwealth may pay".
Clause [23] inserts a new subsection (8) to section 161 which provides that insurers who are approved under section 161 of the Workers' Compensation and Rehabilitation Act 1981 (WA) are taken to be approved under section 161 of the applied Act.
Subclause [24] omits "General Fund" from section 170 and substitutes "Commonwealth".
Clause [25] omits "the Commission shall pay to the worker from moneys standing to the credit of the General Fund" from subsection 174(1) and substitutes "the Commonwealth shall pay to the worker".
Clauses [26], [27], [29], [30] and [31) omit "Commission" wherever occurring in subsections 174(1), (2), (4), paragraphs 174(6)(a) and (b) and subsection 174(7) respectively and substitute "Commonwealth".
Clause [28] omits "the Commission pay to the worker from moneys standing to the credit of the General Fund" from subsection 174(3) and substitutes "the Commonwealth pay to the worker".
Clause [32] omits "General Fund for use by the Commission" from section 190 and substitutes "Commonwealth".
Clause [33] omits paragraphs 201(1) (i) and (j) which deal with payments to the "General Fund" and the "Trust Fund" respectively.
Clause [34] inserts a new section 204 which provides transitional arrangements for the payment of the contribution or instalments of the contribution by insurance companies which were due on 1 October 1998.
Clauses [35] and [36] omit each mention of "Commission" from clause 6 of Schedule 1 and subparagraph 7(b)(i) of Schedule 5 respectively and substitute "Commonwealth".
Clauses [37] and [38} omit "from moneys standing to the credit of the General Fund" from paragraph 6(2)(a) and subclause 7(3) of Schedule 7 respectively and substitute "by the Commonwealth".
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