Bills Digest no. 87 2015–16
PDF version [617KB]
WARNING: This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments. This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.
Paula Pyburne and Catherine Lorimer, Law and Bills Digest Section
Cathy Madden, Politics and Public Administration Section
24 February 2016
Contents
Purpose
of the Bill
Background
Committee consideration
Financial implications
Statement of Compatibility with Human Rights
Key issues and provisions
Concluding comments
Date introduced: 10
February 2016
House: House of
Representatives
Portfolio: Finance
Commencement: Sections
1-3 on Royal Assent; all other provisions on the earlier of a single day to be
fixed by Proclamation or six months after Royal Assent.
Links: The links to the Bill,
its Explanatory Memorandum and second reading speech can be found on the
Bill’s home page, or through the Australian
Parliament website.
When Bills have been passed and have received Royal Assent, they
become Acts, which can be found at the ComLaw
website.
The Parliamentary Entitlements Amendment (Injury
Compensation Scheme) Bill 2016 (the Bill) amends the Parliamentary
Entitlements Act 1990 to give the Minister the power to establish the
Parliamentary injury compensation scheme by legislative instrument. The scheme will provide a Senator or Member of the House of
Representatives with an entitlement to compensation in respect of an injury or
disease that arises out of, or in the course of the performance of his, or her,
duties as a parliamentarian.
Work conditions
Despite the importance of the role they play as law makers,
Members of Parliament have some unenviable working conditions including:
-
long
and erratic hours, with a near inability to plan personal activities
-
at
least two workplaces
-
regular,
necessary travel
-
no
access to workers’ compensation and
-
no
entitlement to annual or long service leave and thus no provision to cash out
when leaving the position (often at very short notice). Some members will take
a few days leave around Christmas and might be able to take another a week from
among the mid-year demands of the parliament, the electorate and the party, but
there is no provision for this in their working conditions.[1]
Reviews
The question of whether Members and Senators of the
Commonwealth Parliament should be covered for injuries which they may sustain
in the course of their Parliamentary duties has been the subject of a number of
reviews.
1986—Remuneration Tribunal
In 1986, the Remuneration Tribunal delivered a report in
relation to its inquiry into Compensation for Ministers, Members of the
Commonwealth Parliament, the Federal Judiciary and Members of the Inter-state Commission
(first Remuneration Tribunal report). The first Remuneration Tribunal report recommended, amongst other things, that there be compensation for
Members of Parliament which should be paid to those:
(a) who suffer personal
injury in the course of their performance of Ministerial, Parliamentary or
other duties associated with their particular office or
(b) who suffer from a disease
to which the contraction, aggravation, acceleration or recurrence of which the performance
of their duties was a contributing factor or
(c) who die as a result of
sustaining such an injury or suffering from such a disease.[2]
It was suggested that the compensation ‘be arranged by
appropriate amendments to the Compensation
(Commonwealth Government Employees) Act 1971’.[3]
Setting out the position at the time of the inquiry, the
Remuneration Tribunal stated:
At the federal level there are no existing formal or
legislative-based provisions for accident compensation for the death or injury
of ministers and members of parliament. However in practice, compensation has
been based on the ‘act of grace’ application of the Compensation
(Commonwealth Government Employees) Act 1971. Claims for compensation have
been lodged with the Minister for Social Security and determined by the
Minister for Finance.[4]
The recommendation that Members and Senators be covered by
the Compensation (Commonwealth Government Employees) Act was not acted
upon. This was because Members and Senators are ‘not regarded as
employees of the Commonwealth’.[5]
2010—Belcher Review
In September 2009, Special Minister of State, Joe Ludwig,
appointed an independent panel to review a range of matters relating to
Parliamentary entitlements.[6]
The review was a response to concerns raised by the Australian National Audit
Office in the previous year that its earlier recommendation that there ‘would
be merit in a comprehensive review of the entitlements framework’ had not been
acted upon.[7]
The report of the review, the 2010 Review of
Parliamentary Entitlements (known as the Belcher Review after the chair of
the independent panel Barbara Belcher), recommended, amongst other things that
the government ‘establish a legislative basis to provide Senators and Members
with workers compensation insurance at Commonwealth expense’.[8]
In making this recommendation, the Belcher Review noted:
Generally, individual workers cannot cover
themselves for workers’ compensation, even if they are self-employed and have
an ABN. The only avenue for compensation for a senator or member who is
exposed to harm while undertaking parliamentary, electorate or official
business is to pursue it through legal avenues.
Given the diversity of roles that
parliamentarians undertake, the varied environments in which they conduct their
business, and the politicised and frequently polarised nature of their public
involvement, lack of workers’ compensation coverage represents a considerable
risk. The committee considers that the absence of workers’ compensation
insurance coverage for senators and members is out of step with modern
community and public sector standards and should be addressed by the
government.
In regard to public liability insurance, the
committee noted that senators and members are not covered by public liability
insurance for activities outside the electorate office and Parliament House, Canberra. Commonwealth-funded
electorate offices are covered by a general liability insurance
policy. This covers circumstances where it can be demonstrated that injury
or damage occurred in connection with property controlled by the Commonwealth,
and a legal liability to pay compensation has arisen.[9]
2011—Remuneration Tribunal
In December 2011, the Remuneration Tribunal delivered a
report on its Review of the Remuneration of Members of Parliament (the second
Remuneration Tribunal report).[10]
The second Remuneration Tribunal report is unequivocal:
The Tribunal considers that the lack of workers compensation
arrangements for parliamentarians is most unsatisfactory. The fact that they
are not employees, in the conventional sense, should not, in the Tribunal’s view,
militate against suitable arrangements being established for them. This is not
a new stance on the Tribunal’s part; it is consistent with the view that it
expressed 25 years ago in its Report on Compensation for Ministers, Members of
the Commonwealth Parliament, the Federal Judiciary and Members of the
Inter-State Commission. The Tribunal can see no good reason for not
establishing, now, appropriate arrangements.[11]
To that end, the Remuneration Tribunal recommended that:
... government introduces a workers’ compensation scheme by
implementing amendments to the [Parliamentary Entitlements] Act to accommodate
a scheme compliant with the Safety, Rehabilitation and Compensation Act 1988
(SRC Act). The scheme should cover all senators and members and provide for
arrangements related to:
-
medical
and rehabilitation costs;
-
lump
sum payment for permanent impairment and non-economic loss;
-
lump
sum payment for loss of future earnings;
-
exclusions;
-
dispute
resolution;
-
duties
covered, for example coverage for travel related to parliamentary, electorate
or official business.
The SRC Act should also be amended to confer authority for
Comcare to administer the scheme. Funding should be provided by ongoing special
appropriation to Finance under the Parliamentary Entitlements Act with drawing
rights provided to Comcare.[12]
The Bill is a direct response to those recommendations.
Previous coverage
Between 1986 (when the first Remuneration Tribunal report
was published) and 1990, Senators and Members were covered for personal injury
sustained in the course of their duties of office ‘by the Scheme for Payment of
Special Compensation for Injury in Exceptional Circumstances, established by
government in August 1986’.[13]
On commencement of the Parliamentary Entitlements Act, in May 1990, ‘coverage
was not continued, following legal advice that the scheme needed explicit
authorisation under the Parliamentary Entitlements Act or the Parliamentary
Entitlements Regulations’.[14]
According to the second Remuneration Tribunal report: ‘between
1990 and 2002, compensation for injuries was paid by way of “act of grace”
payments, following assessment by Comcare. This avenue of claim was officially
closed in 2002’.[15]
According to the current Entitlements Handbook:
6.3 Personal
Compensation for Accidents
6.3.1 The
Entitlement
Generally, there is no entitlement to accident
compensation for the death or injury of Parliamentarians.
Senators and Members should consider the risk
of personal injury, and absence of available compensation, when planning their
Parliamentary, official and electorate activities, including during overseas
travel.
Arrangements are being made for a new scheme to
be established from 1 January 2016 which will provide a Senator or Member with
an entitlement to compensation in respect of a physical or mental injury or
disease that arises out of, or in the course of, the performance of his or her
duties as a parliamentarian that causes impairment, incapacity or the death of
the senator or member.[16]
Coverage in other Parliaments
Inquiries made by the Parliamentary Library of the
Parliaments of the Australian states and territories and of Canada, the United
Kingdom and New Zealand did not identify any schemes for injury compensation
equivalent to that which is proposed by the Bill.
Senate Standing Committee for the
Selection of Bills
At the time of writing this Bills Digest, the Bill had not
been referred to Committee for inquiry and report.
Senate Standing Committee for the
Scrutiny of Bills
At the time of writing this Bills Digest, the Senate
Standing Committee for the Scrutiny of Bills had not published any comments in
relation to the Bill.
The Parliamentary injury compensation scheme was announced
as part of the 2015-16 Budget where funding of $1.4 million over the forward
estimates was provided.[17] The split between Comcare and the Department of Finance
(Finance) is set out in table 1 below:
Table 1: Funding for Parliamentary
injury compensation scheme
|
Financial Year
|
2015–16
|
2016–17
|
2017–18
|
2018–19
|
|
Comcare ($m)
|
0.3
|
0.2
|
0.2
|
0.2
|
|
Finance ($m)
|
0.2
|
0.1
|
0.1
|
0.1
|
|
Total ($m)
|
|
0.3
|
0.3
|
0.3
|
Source: Explanatory
Memorandum, Parliamentary Entitlements Amendment (Injury Compensation
Scheme) Bill 2016, p. 4.
As required under Part 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011 (Cth), the Government has assessed
the Bill’s compatibility with the human rights and freedoms recognised or
declared in the international instruments listed in section 3 of that Act. The
Government considers that the Bill is compatible.[19]
Parliamentary Joint Committee on
Human Rights
The Parliamentary Joint Committee on Human Rights considers
that the Bill does not raise human rights concerns..[20]
It is intended that the benefits available under the Parliamentary
injury compensation scheme for injuries, disease and damage to medical
equipment will be based on the scheme applying to Commonwealth public servants
under the Safety,
Rehabilitation and Compensation Act 1988 (SRC Act).[21]
Claims under the scheme will be administered by Comcare.[22]
Parliamentary injury compensation
scheme
Item 3 of the Bill inserts proposed section 9A into
the Parliamentary Entitlements Act to empower the Minister[23]
to formulate the Parliamentary injury compensation scheme by
legislative instrument.[24]
The Parliamentary injury compensation scheme may include any of
the following:
- compensation
or other benefits in relation to an injury[25]
or disease,[26]
or an aggravation of an injury or disease, suffered by a member in connection
with the member’s activities as a member, parliamentary office‑holder or minister
or such injury or disease, or an aggravation of an injury or disease, or suffered
by the spouse of the Prime Minister in connection with the spouse’s official activities.[27]
This would include a range of payments, including but not limited to, hospital
and medical expenses, payment for incapacity to work, permanent impairment,
household and attendant services, death benefits and funeral benefits
- compensation
or other benefits in relation to the loss of, or damage to, an artificial limb
or other artificial substitute, or a medical, surgical or other similar aid or
appliance, used by a member, that occurs in the course of the member’s
activities as a member, parliamentary office‑holder or minister, or by
the spouse of the Prime Minister where the loss or damage occurs in the course
of the spouse’s official activities
- the
provision of services, facilities or equipment intended to eliminate or
minimise risks to the health or safety of a Member arising in the course
of the member’s activities as a member, parliamentary office‑holder or minister
or to eliminate or minimise such risks to the spouse of the Prime Minister
arising in the course of the spouse’s official activities and
- ancillary
or incidental matters.
Key issue—minimising risks to
health and safety
The SRC Act does not provide for services,
facilities or equipment intended to eliminate or minimise risks to the health
or safety of employees, as it operates only in respect of a person who has
already sustained an injury or disease—that is, it is not directed towards
preventive measures. According to the Explanatory Memorandum to the Bill:
Benefits that may be prescribed under the [Parliamentary
injury compensation scheme] may include things like ergonomic and workplace
assessments, risk assessments of proposed activities, toxicology or other
health screening relating to activities in the workplace, training to support
the management of work health or safety risks and compliance with work health
or safety legislation, vaccination programmes, or preventative psychological
services.[28]
Elements of the scheme
Proposed subsection 9A(2) of the Parliamentary
Entitlements Act sets out what the Parliamentary injury compensation
scheme may do. In particular it provides that the Minister is empowered
to make a legislative instrument for the purposes of the scheme.[29]
Confer functions and powers on
Comcare
Currently Comcare is responsible for
managing claims made by members of the Australian Public Service. This involves
making decisions about entitlement, making benefit
payments, liaising with the injured person and their doctor, and conducting
regular file reviews to ensure that injured persons receive the correct benefits
for their compensable injuries.[30]
Proposed paragraph 9A(2)(a) of the Parliamentary Entitlements Act
provides that the Parliamentary injury compensation scheme
may confer functions and powers on Comcare to allow it to administer the
scheme. Items 4–7 of the Bill make consequential amendments to the SRC
Act to reflect Comcare’s role as the administrator of the scheme.
Limit or restrict
eligibility
The Parliamentary injury compensation scheme
may provide for conditions and restrictions on eligibility or continuing
eligibility for compensation or other benefits under the scheme.[31]
For instance, a person may be required to undergo rehabilitation or medical
examination[32]
or compensation may not be payable if an injury is sustained because a person voluntarily and unreasonably
submitted to an abnormal risk of injury. [33]
Payments to third parties
The Parliamentary injury compensation scheme
may provide for compensation or other benefits to be payable to persons other
than members—for instance, a payment directly to a third party such as a doctor
or allied health provider. This would also allow for payments to be made
directly to the spouse of the Prime Minister.[34]
Recovery of monies
In order to preserve the integrity of any scheme such as
that proposed by the Bill there needs to be avenues for recovery of
compensation paid if another insurer is liable for the same injury or disease;
and for recovery of monies that have been paid in error.
Proposed paragraph 9A(2)(e) provides that the Parliamentary injury compensation
scheme may require an amount of money paid under the scheme to be
repaid in certain circumstances. This is consistent with section 48 of the SRC
Act which empowers Comcare to recover the compensation paid to an injured
employee where that person subsequently receives compensation or damages for
the same injury from another source.
In addition, the Parliamentary injury compensation
scheme may provide for Comcare, on behalf of the Commonwealth, to
recover, set off, write off or waive debts arising under the scheme. Currently
sections 114–115 of the SRC Act deal with the recovery of overpayments.
In particular, existing subsection 114(1) provides for the recovery by Comcare,
in a court of competent jurisdiction, of amounts of compensation that have been
paid to a person that should not have been paid, or that the person is liable
to pay.[35]
Provide information or documents
In order for Comcare to deal with claims and determine the
benefits which are payable to a person it needs all the information which is
relevant to the claim.
To that end, the Parliamentary injury compensation
scheme may require a person to give information or documents to Comcare
for the purposes of the scheme.[36]
This power currently resides in section 58 of the SRC Act. That section
operates so that where a person who makes a claim has information or a document
that is relevant to the claim or could obtain the information or a copy of a
document without unreasonable expense or inconvenience, Comcare may request the
person, in writing, to provide it within 28 days.
In addition, the Parliamentary injury compensation
scheme may require a person to notify Comcare of a matter or event set
out in the scheme.[37]
According to the Explanatory Memorandum to the Bill, ‘this would include
matters that Comcare may not become aware of through other means, such as the
receipt by the person of compensation from a third party in respect of the same
injury or disease’.[38]
Prescribe penalties
Under proposed paragraph 9A(2)(i)
another element of the scheme may be the prescription
of penalties, not exceeding 10 penalty units, for offences relating to failing
to notify Comcare of matters or events set out in the scheme. This is
consistent with the Guide to Framing Commonwealth Offences, Infringement
Notices and Enforcement Powers which states that:
Successive Commonwealth governments have taken the view that
serious criminal offences and penalties should be contained in Acts of
Parliament rather than subordinate legislation, irrespective of the penalty to
be imposed. This enables full Parliamentary scrutiny of the scope of the
offence and the penalty. There is also a legitimate expectation on the part of
those who read legislation that fundamental aspects of a legislative scheme
(such as serious criminal offences) will be in the principal Act.
Almost all Commonwealth Acts enacted in recent years that
authorise the creation of offences in subordinate legislation have specified
the maximum penalty that may be imposed as 50 penalty units or less.[39]
According to the Explanatory Memorandum, ‘it is intended
that the scheme will include the same offences as the SRC Act in order
to ensure that Comcare is able to obtain the information that it requires’.[40]
Review of decisions
The Parliamentary injury compensation scheme may
also provide for review of decisions made under the scheme, including by
providing for the Administrative
Appeals Tribunal Act 1975 to apply in relation to decisions made under
the scheme.[41]
Currently Part VI of the SRC Act provides for a two tier review process.
The first tier is an internal review carried out by Comcare.[42]
The second tier of review is to the Administrative Appeals Tribunal (AAT).
However, it would be open to the Minister to provide for an appeal against a
decision to be made directly to the AAT if that was thought to be more
appropriate for members. The SRC Act currently contains a number of
provisions which are incidental to the right of appeal including the type of
evidence which is admissible in proceedings before AAT[43]
and which of the parties is to bear the costs of the tribunal proceedings.[44]
Presumably, the legislative instrument made by the Minister will include
similar incidental provisions.
Proceedings against the
Commonwealth
Proposed paragraph 9A(2)(k) is consistent with the SRC
Act. It provides that the Parliamentary injury compensation scheme may:
- limit
the right of a person to bring an action or other proceeding for damages,
against the Commonwealth or a person specified in the scheme, in respect of the
injury, disease, aggravation, loss or damage[45]
- provide
for Comcare to make a claim for damages in the name of a person, or to take
over the conduct of an action or other proceeding, in respect of the injury,
disease, aggravation, loss or damage[46]
or
- require
that an amount that has been, or is to be, paid (otherwise than under the
scheme) to a person in respect of the injury, disease, aggravation, loss or
damage be paid to the Commonwealth.[47]
Breadth of coverage
The Belcher report noted the comments of former Premier of
Western Australia, Geoff Gallop, as to the extensive range of regular
activities for a Parliamentarian:
... working with electors and organisations within the
electorate, informing the electorate about important issues or initiatives,
attending party meetings (conferences, electorate councils, branches, policy
committees), attending parliamentary party meetings, participating in
parliamentary debates, working on a parliamentary committee, developing a
portfolio interest if they are a minister (or indeed a shadow minister),
attending functions on behalf of the government (or opposition), issuing media
statements or responding to the media ... and the list goes on.[48]
The many activities undertaken by members of parliament
indicates the need for the compensation coverage to be sufficiently broad to
cover injuries sustained, or diseases contracted, in the course of their duties
both domestically and abroad. Accordingly, proposed subsection 9A(5) of
the Parliamentary Entitlements Act allows the Parliamentary injury
compensation scheme to extend to all places outside Australia,
including the external Territories.
The Bill does no more than give an outline of what the Parliamentary
injury compensation scheme may eventually provide to members of parliament.
Whilst the Explanatory Memorandum indicates that the scheme will be based on
the SRC Act, this does not mean that it has to be, or will be, equivalent
to it. The SRC Act has been subject to a number of reviews, and numerous
recommendations have been made to improve the operation of the Comcare
scheme—in particular to address the absence of time limits on the determination
of claims.[49]
It may be that in developing the Parliamentary injury compensation scheme,
consideration will be given to the adoption of some of these recommended
improvements.
Members, Senators and Parliamentary staff can obtain
further information from the Parliamentary Library on (02) 6277 2500.
[1]. B
Belcher (Chair), Review
of Parliamentary entitlements, report prepared for the Committee for
the Review of Parliamentary Entitlements, Department of Finance, Canberra,
April 2010, p. 34, accessed 18 February 2016.
[2]. B
Archer, ‘Compensation
for Ministers, Members of the Commonwealth Parliament, the Federal judiciary
and Members of the Inter-state commission: Remuneration Tribunal Report’,
Senate, Debates, 17 April 1986, p. 1898, accessed 17 February 2016.
[3]. D
Mahoney (Chair), Compensation
inquiry: compensation for ministers, members of the Commonwealth Parliament,
the federal judiciary and members of the inter-state commission, report
prepared for the Remuneration Tribunal, Australian Government Publishing
Service, Canberra, 1986, recommendation 1, p. 5, accessed 24 February 2016.
[4]. Ibid.,
p. 8.
[5]. B
Belcher, Review
of Parliamentary entitlements, op. cit., p. 64.
[6]. J
Ludwig (Special Minister of State), Reform
of Parliamentary entitlements, media release, 8 September 2009,
accessed 17 February 2016.
[7]. Australian
National Audit Office (ANAO), Administration
of Parliamentarians' entitlements by the Department of Finance and Deregulation,
Audit report, 3, 2009–2010, ANAO, Canberra, 2009, p. 14, accessed 18 February
2016.
[8]. B
Belcher (Chair), Review
of Parliamentary entitlements, op. cit., recommendation 10(i), p. 14.
[9]. Ibid.,
pp. 64–65.
[10]. Remuneration
Tribunal, Review
of the Remuneration of Members of Parliament: initial report,
Remuneration Tribunal, Canberra, December 2011, accessed 18 February 2016.
[11]. Ibid.
[12]. Ibid.,
p. 54.
[13]. Ibid.,
p. 53.
[14]. Ibid.
[15]. Ibid.
[16]. Department
of Finance (DoF), ‘6.3
Personal compensation for accidents’, Senators and Members’ Entitlements
Handbook, DoF website, last modified 12 October 2015, accessed 18 February
2016.
[17]. Australian
Government, Budget
measures: budget paper no.2, 2015–16, accessed 24 February 2016.
[18]. Note
that this apparent error in addition is also in the budget paper as above.
[19]. The
Statement of Compatibility with Human Rights can be found at pages 14–18 of the
Explanatory
Memorandum to the Bill.
[20]. Parliamentary
Joint Committee on Human Rights, Thirty-fourth
Report of the 44th Parliament, The Senate, Canberra, 23 February 2016,
p. 1, accessed 24 February 2016.
[21]. A
Hawke (Assistant Minister to the Treasurer), ‘Second
reading speech: Parliamentary Entitlements Amendment (Injury Compensation
Scheme) Bill 2016’, House of Representatives, Debates, (proof), 10
February 2016, p. 17, accessed 18 February 2016.
[22]. Comcare is established under the Safety Rehabilitation and
Compensation Act 1988. It has roles as insurer,
regulator and scheme manager. Source: Comcare, ‘About us’, Comcare website,
accessed 18 February 2016.
[23]. Section
19A of the Acts
Interpretation Act 1901
states that if a provision of an Act refers to a Minister by using
the expression ‘the Minister’ without specifying which Minister is referred to
then the reference is a reference to the Minister who administers the provision
in respect of the relevant matter. In this case, it would be the Minister for
Finance.
[24]. Delegated
legislation is required to be laid before each House, thereby becoming subject
to parliamentary scrutiny and the Parliament’s ultimate power of veto. Under
section 38 of the Legislative
Instruments Act 2003, legislative instruments must be tabled in each
House within six sitting days following registration on the Federal Register of
Legislative Instruments, even in cases where the instrument is not
disallowable. Unless laid before each House within this time limit, a
legislative instrument ceases to have effect. Source: B Wright and P
Fowler, House
of Representatives practice, 6th edn, Department of the House of
Representatives, Canberra, 2012, chapter 10, pp. 412–413.
[25]. Section
5A of the SRC Act defines the term injury as: (a) a
disease suffered by an employee; (b) an injury (other than a disease) suffered
by an employee, that is a physical or mental injury arising out of, or in the
course of, the employee’s employment; or (c) an aggravation of a physical or
mental injury (other than a disease) suffered by an employee that is an
aggravation that arose out of, or in the course of, that employment.
[26]. Subsection
5B(1) of the SRC Act defines disease as an ailment suffered
by an employee (or an aggravation of such an ailment) that was contributed to,
to a significant degree, by the employee’s employment by the Commonwealth.
Subsection 5B(2) of the SRC Act contains a list of matters which may be
taken into account in determining whether the ailment (or the
aggravation of the ailment) was contributed to, to a significant degree, by the
employee’s employment.
[27]. Section
3 of the Parliamentary Entitlements Act defines spouse to
include de facto partner of the member, within the meaning of the Acts Interpretation Act
1901.
[28]. Explanatory
Memorandum, Parliamentary Entitlements Amendment (Injury Compensation
Scheme) Bill 2016, p. 8.
[29]. Parliamentary
Entitlements Act, proposed paragraph 9A(2)(l).
[30]. Comcare,
‘Claims
services officers’, Comcare website, last updated 2 April 2014, accessed 18
February 2016.
[31]. Parliamentary
Entitlements Act, proposed paragraph 9A(2)(b).
[32]. For
example, subsection 57(1) of the SRC Act empowers the relevant authority
(Comcare) to require an employee who has given notice of an injury, or made a
claim for compensation to undergo a medical examination by a legally qualified
medical practitioner which it has nominated.
[33]. SRC
Act, subsection 6(3).
[34]. Parliamentary
Entitlements Act, proposed paragraph 9A(2)(c).
[35]. Parliamentary
Entitlements Act, proposed paragraphs 9A(2)(e) and (f).
[36]. Parliamentary
Entitlements Act, proposed paragraph 9A(2)(g).
[37]. Parliamentary
Entitlements Act, proposed paragraph 9A(2)(h).
[38]. Explanatory
Memorandum, Parliamentary Entitlements Amendment (Injury Compensation
Scheme) Bill 2016, p. 9.
[39]. Attorney-General’s
Department (AGD), Guide
to framing Commonwealth offences, infringement notices and enforcement powers,
AGD, Canberra, September 2011, p. 44, accessed 22 February 2016.
[40]. Explanatory
Memorandum, Parliamentary Entitlements Amendment (Injury Compensation
Scheme) Bill 2016, p. 10.
[41]. Parliamentary
Entitlements Act, proposed paragraph 9A(2)(j).
[42]. Comcare,
‘Reconsiderations
and reviews’, Comcare website, accessed 22 February 2016.
[43]. SRC
Act, section 66.
[44]. SRC
Act, section 67.
[45]. SRC
Act, sections 44 and 45.
[46]. SRC
Act, section 50.
[47]. SRC
Act, sections 48 and 49.
[48]. B
Belcher (Chair), Review
of Parliamentary entitlements, op. cit., p. 28.
[49]. A
background to various reviews of the Comcare scheme is in P Pyburne, Safety
Rehabilitation and Compensation Amendment (Improving the Comcare Scheme) Bill 2015,
Bills digest, 13, 2015–16, Parliamentary Library, Canberra, 2015, accessed 22
February 2016.
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