Footnotes

Chapter 1 - Introduction

[1]        Hon. Kevin Andrews MP, Minister for Employment and Workplace Relations, House of Representatives Hansard, 30 November 2006, p. 3 and Explanatory Memorandum, p. 2.

Chapter 2 - Government Senators' Report

[1]        Hon. B Howe MP, Minister for Social Security, House of Representatives Hansard, 27 April 1988, p. 2191.

[2]        Section 5B of the Safety, Rehabilitation and Compensation and Other Legislation Amendment Bill 2006. Examples of the discretionary factors include the duration of the employment, any predisposition of the employee to the disease, any activities of the employee not related to his or her employment, etc.

[3]        Barbara Bennett, CEO, Comcare, Committee Hansard, 31 January 2007, p. 23.

[4]        Telstra, Submission 18, p. 2. Also, see Australian air Express, Submission 15, p. 2.

[5]        Productivity Commission, National Workers' Compensation and Occupational Health and Safety Frameworks, Report No. 27, June 2004.

[6]        Australian air Express, Submission 15, p. 3.

[7]        Australian Lawyers Alliance, Submission 27, p. 6.

[8]        Telstra, Submission 18, p. 3. Also, see Australian air Express, Submission 15, p. 3

[9]        The compensation schemes of Victoria, Western Australia, South Australia and Tasmania do not cover travel to and from work, whereas New South Wales, Queensland, the Australian Capital Territory and the Northern Territory compensation schemes do.

[10]      For example, the mode and nature of the journey and the location of the workers' residence relative to work.

[11]      Productivity Commission, National Workers' Compensation and Occupational Health and Safety Frameworks, Report No. 27, June 2004, p. 187.

[12]      Productivity Commission, National Workers' Compensation and Occupational Health and Safety Frameworks, Report No. 27, June 2004, pp 183-185 and p. 187

[13]      Australian air Express, Submission 15, p.3.

[14]      Explanatory Memorandum, p. 29. Also, see sub-section 16(1) of the Occupational Health and Safety (Commonwealth Employment) Act 1991.

[15]      For example, a social activity approved or arranged by the employer or an event which the employer asks or directs the employee to attend.

[16]      Hon. Kevin Andrews MP, Minister for Employment and Work Relations, House of Representatives Hansard, 30 November 2006, p. 3.

[17]      Australian Rail, Tram and Bus Industry Union, Submission 4, p. 13.

[18]      See Lonergan v Comcare [2005] FCA 377

[19]      Barbara Bennett, CEO, Comcare, Committee Hansard, 8 February 2007, pp 2 -4.

[20]      Department of Employment and Workplace Relations, Submission 22, p. 7.

[21]      Department of Employment and Workplace Relations, Submission 22, p. 9. Also, see Telstra, Submission 18, pp 3-4.

[22]      Australian air Express, Submission 15, pp 5-6.

Chapter 3 - Opposition Senators' Report

[1]        Australian Council of Trade Unions, Submission 26, p. 2. Also, see Australian Lawyers' Alliance, Submission 27, p. 4 arguing that the scheme itself is structurally endangered.

[2]        Community and Public Sector Union State Public Services Federation Group, Submission 25, p. 10.

[3]        Australian Manufacturing Workers' Union, Submission 13, p. 2.

[4]        Comcare, Annual Report 2005-06, pp 23-24. For example, injuries caused while employees were having a break represented only 2.1 per cent of claims in the last financial year.

[5]        For example, 'Other & unspecified mechanisms of incident', including motor vehicle accidents represented 15.4 per cent of claims, and injuries occurring while employees travelled to/from work represented 14.7 per cent of claims in the financial year ending 30 June 2006.

[6]        Workplace Relations Ministers' Council, Comparative Performance Monitoring Report, Eighth Edition, September 2006.

[7]        Communications Electrical Plumbing Union, Submission 24, p. 1. Also, see Community and Public Sector Union, Submission 16, p. 9; Australian Council of Trade Unions, Submission 26, p. 4; Bicycle Federation of Australia, Submission 11, p. 2 noting that Comcare's standard workers' compensation premiums are lower than some State schemes that exclude journey claims and The Law Council of Australia, Submission 19, p. 3 observing that the scheme is not the most generous scheme in terms of either the level of statutory benefits paid to injured employees or access to common law remedies.

[8]        Community and Public Sector Union - State Public Services Federation Group, Submission 25, p. 10.

[9]        Law Council of Australia, Submission 19, p. 3.

[10]      Australian Rail, Bus and Tram Industry Union, Submission 4, p. 5. Also, see Superannuation Commonwealth Officers' Association, Submission 9, p. 5.

[11]      Community and Public Sector Union and State Public Services Federation Group, Submission 25, p. 3.

[12]      Communications Electrical Plumbing Union, Submission 24, p. 2. Also, see Community and Public Sector Union, Submission 16, p. 9.

[13]      Superannuated Commonwealth Officers' Association, Submission 9, p. 6. Also, see Law Council of Australia, Submission 19, p. 4 and Community and Public Sector Union, Submission 16, p. 4.

[14]      For example, see Australian Federation of Disability Organisations, Submission 21, p. 2.

[15]      Mental Health Council of Australia, Submission 17, p.3. Also, see Australian Rail, Tram and Bus Industry Union, Submission 4, p. 9 noting that the incidence of psychological illnesses has become a serious issue in the workplace; Community and Public Sector Union and State Public Services Federation Group, Submission 25, p. 10 and Beyond Blue, Submission 2, p. 1

[16]      Mental Health Council of Australia, Submission 17, p. 3.

[17]      Australian Manufacturing Workers', Submission 13, p. 9.

[18]      Australian Rail, Tram and Bus Industry Union, Submission 4, p. 5. Also, see Superannuated Commonwealth Officers' Association, Submission 9, p. 6.

[19]      Community and Public Sector Union, Submission 16, p. 9.

[20]      Construction Forestry Mining Energy Union, Submission 20, pp 1-2.

[21]      Law Council of Australia, Submission 19, p. 2.

[22]      Explanatory Memorandum, p. 11.

[23]      Australian Manufacturing Workers' Union, Submission 13, p. 5. Also, see Community and Public Sector Union, Submission 16, p. 11 and Communications Electrical Plumbing Union, Submission 24, p. 2.

[24]      Australian Rail, Tram and Bus Industry Union Submission 4, p. 11. Also, see Community and Public Sector Union State Public Services Federation Group, Submission 25, p. 9 advocating greater resource allocation focussed on prevention and rehabilitation and Australian Physiotherapy Association, Submission 14, p. 4.

[25]      Law Council of Australia, Submission 19, p. 4.

[26]      Australian Rail, Tram and Bus Industry Union, Submission 4, p. 11 and Community and Public Sector Union, Submission 16, p. 10.

[27]      Australian Rail, Tram and Bus Industry Union, Submission 4, p. 11.

[28]      Community and Public Sector Union State Public Services Federation Group, Submission 25,  p. 8.

[29]      Australian Federation of Disability Organisations, Submission 21, p. 3.

[30]      Thales Australia, Submission 3, p. 2. Also, see Australian Rail, Tram and Bus Industry Union, Submission 4, pp 8-9 and Law Council of Australia, Submission 19, p. 4 noting that in jurisdictions applying tests of 'reasonableness' there has been increased litigation and greater uncertainty as to entitlements.

[31]      Superannuated Commonwealth Officers' Association, Submission 9, p. 7. Also, see Australian Council of Trade Unions, Submission 26, p. 7, Jeremy Coleman, Submission 5, Nicholas Covey, Submission 6, Gilbert Logan, Submission 8, Pedal Power ACT Inc, Submission 10, Bicycle Federation of Australia, Submission 11, Jeff Ibbotson, Submission 12.

[32]      Community and Public Sector Union State Public Services Federation Group, Submission 25,  p. 5.

[33]      For example, see Jeff Ibbotson, Submission 12, p. 1; Jeremy Coleman, Submission 5, p. 1; Australian Rail, Tram and Bus Industry Union, Submission 4, p. 12; Community and Public Sector Union, Submission 16, p. 12; Australian Manufacturing Workers' Union, Submission 13, p. 8; and Superannuated Commonwealth Officers' Association, Submission 9, p. 7.

[34]      Construction Forestry Mining Energy Union, Submission 20, p. 2.

[35]      Community and Public Sector Union State Pubic Services Federation Group, Submission 25,   p. 6 and Mr David Perkins, Federal Industrial Officer, Community and Public Sector Union State Pubic Services Federation Group, Committee Hansard, 30 January 2007, p. 18.

[36]      Australian Manufacturing Workers' Union, Submission 13, p. 5.

[37]      Community and Public Sector Union State Public Services Federation Group, Submission 25,  p. 6.

[38]      Australian Rail, Tram and Bus Industry Union, Submission 4, pp. 12-13.

[39]      Communications Electrical Plumbing Union, Submission 24, pp. 2-3. Also, see Australian Manufacturing Workers' Union, Submission 13, p. 7; Community and Public Sector Union, Submission 16, pp. 6-7; Financial Sector Union of Australia, Submission 28, p. 2.

[40]      Law Council of Australia, Submission 19, p. 5. Also, see Australian manufacturing Workers' Union, Submission 13, p. 5 and Submission 16, p. 12 where it is noted that "peak hour" is part of the working lives of the majority of employees and is a more dangerous time to be travelling.

[41]      Mr Jeff Ibbotson, Submission 12, p. 1; Community and Public Sector Union, Submission 16, p. 8; Pedal Power ACT Inc, Submission 10, p. 1; Bicycle Federation of Australia, Submission 11,    p. 1.

[42]      Ms Gilbert Logan, Submission 8, p. 1.

[43]      Mr Jeff Ibbotson, Submission 12, p. 1. Also, see Community and Public Sector Union, Submission 16, p. 8.

[44]      Fitness Australia, Submission 1, p. 2.

[45]      Mr Nicholas Covey, Submission 6, p. 1. Also, see Bicycle Federation of Australia, Submission 11.

[46]      Communications Electrical Plumbing Union, Submission 24, p. 3 noting only South Australia and Tasmania limit recess break coverage to on worksite injuries. Also, see Community and Public Sector Union State Public Services Federation Group, Submission 25, p. 7.

[47]      Superannuated Commonwealth Officers' Association, Submission 9, p. 8.

[48]      Mr Richard Coleman, Telstra, Committee Hansard, 31 January 2007, pp. 10-11.

[49]      Committee Hansard, 31 January 2007, p. 34.

[50]      Ms Sharelle Herrington, Divisional Assistant Secretary, Communications Electrical Plumbing Union, Committee Hansard, 30 January 2007, p. 5.

[51]      Australian Rail, Tram and Bus Industry Union, Submission 4, p. 13.

[52]      Ms Barbara Bennett, CEO, Comcare, Committee Hansard, 8 February 2007, p. 2.

[53]      Communications Electrical Plumbing Union, Submission 24, p. 3. Also, see Mr Ian Emery, Submission 7, p.3 and Superannuated Commonwealth Officers' Association, Submission 9, p. 9.

[54]      Superannuated Commonwealth Officers' Association, Submission 9, p. 9.

[55]      Mr Alex O'Shea, Comcare, Committee Hansard, 31 January 2007, pp. 29-30.

[56]      Law Council of Australia, Submission 19, pp. 5-6.

[57]      Communications Electrical Plumbing Union, Submission 24, p.3. Also, see Mr Ian Emery, Submission 7, pp. 6-7 and Superannuated Commonwealth Officers' Association, Submission 9, pp. 8-9.

[58]      Ms Barbara Bennett, Comcare, Committee Hansard, 31 January 2007, p. 27.

[59]      Superannuated Commonwealth Employees' Association, Submission 9, p. 9. Also, see Mr Ian Emery, Submission 7.

[60]      Community and Public Sector Union, Submission 16, pp. 17-18.

[61]      Communications Electrical Plumbing Union, Submission 24, p. 3.

[62]      Australian Federal Disability Organisations, Submission 21, p. 3.

[63]      Australian Rail, Tram and Bus Industry Union, Submission 4, p. 14

[64]      Communications Electrical Plumbing Union, Submission 24, p. 4.

[65]      Australian Rail, Tram and Bus Industry Union, Submission 4, p. 2.

[66]      Australian Manufacturing Workers' Union, Submission 13, p. 3.